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Zhejiang Provincial Forest Management Practices

Original Language Title: 浙江省林地管理办法

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Forestland management approach in Zangan Province

(Act No. 204 of 16 November 2005 of the People's Government Order No. 204 of 16 November 2005 amended by the Decision of the People's Government of the Zang Province to amend the nine regulations, including the Zangko Zangi Lands Management Scheme, published by the People's Government Order No. 321 of 13 March 2014)

Chapter I General

Article 1. To strengthen the management and protection of forestland and to rationalize the use of forest land, to develop this approach in line with the People's Republic of China's Forests Act and relevant laws, regulations and regulations.

Article II of this approach refers to forest areas, including more than 2,02 hectares of depression and bamboforestry, indicted woodland, vetting sites, firewood sites, pests, unforested land, ventilation sites, nurses and land-based governments.

The legitimate rights and interests of all persons and users in the forest area are protected by law. No unit or person shall be violated.

Article IV forest land management is governed by law by the forested land registration system, the forest-use control system.

Governments at all levels must be cherished to strengthen forest land management and to put an end to the abuse of forest land.

Article 5

Article 6

Chapter II

Article 7.

Article 8. All persons or users of the forested land (with the exception of the forested land contractor), shall submit a claim for registration to the executive authorities of the Länder in accordance with the provisions of the Forest Law of the People's Republic of China, which shall be registered by the Government of the more than communes, the certificate of the nuclear licensor, confirm the ownership or use of the forest area. The specific registration certificate is assumed by more than minus forestry administrative authorities.

Article 9. The application of the right to forest land shall be registered at the outset and shall be submitted to:

(i) The right to forest land is a registration application;

(ii) The applicant's identification or qualifications certificate;

(iii) The right to forest land is a certificate;

(iv) Other material provided by law, regulations and regulations.

Article 10 Applications submitted to the applicant shall be admissible in accordance with article 9 of this scheme; they are not in accordance with the provisions and require the applicant to supplement the material.

Article 11 The announcement was 30 days.

During the notice period, the relevant units or individuals, if questioned the registration application, shall be verified by the forest administration authorities. The objection claims made by the relevant units or individuals are indeed lawful and the forest administration should not be registered and inform the applicant in writing of the reasons for non-registration.

Article 12 shall be registered by the forest administration within three months of the date of receipt of the application:

(i) The location of the forest area for which registration is made clear;

(ii) The right to forest land is proved to be complete and legitimate;

(iii) The right to forest land is not disputed;

(iv) The boundaries identified in the accompanying figure are consistent with the field.

The forest administration authorities are not registered and are informed in writing of the reasons for the applicant's non-registration.

Article 13 Reforested land is charged by law, occupied or caused by changes in land ownership or the use of power for other reasons, and the loss of the initial registration authority shall be subject to changes, write-offs. The following material shall be submitted for the processing of a change registration or cancellation of registration:

(i) The right to forest land is a registration application;

(ii) The right to forest land certificate;

(iii) The right to forest land is a change of law or the loss of the relevant material.

The right to forest is wrong, unregistered or lost or damaged, and should be submitted to the original registry authorities for corrections or for remission.

Chapter III Protection and development of forests

Article 14. The above-mentioned forest administrative authorities shall be responsible for the preparation of the protection and development of the current administrative regional forested land, in accordance with the requirements of national economic and social development planning and ecological environmental protection, with the approval of the Government of the same people following a balance between the same level of development and the reform of the administrative authorities. The protection and development of the forest area shall not be changed without the consent of the original approval authority.

Article 15. Strict forest-use control regime. The following acts of destruction of forest areas are prohibited:

(i) Redirecting forest land into non-forest land;

(ii) Actively carrying out activities such as logs, mining, extraction, sand, construction, construction works and graves on forest land;

(iii) The cultivation of agricultural crops by landowners. More than twenty-five ancestral lands have reclaimed crop crops, which should be dragged down by law.

There is a need to change the nature and purpose of the forested land and must be governed by the law.

Article 16, units and individuals using forest land, has the obligation to protect forest resources.

As approved by the law, units and individuals temporarily occupied forest land should take effective measures to protect the forest land without causing downturns, landslides and severe water loss, without prejudice to the approval of forest areas beyond the scope of the land. Governance should be responsible for the destruction of vegetation, degradation of the ecological environment and severe loss of water.

Article 17

The development of the Article 18 forested land may be carried out separately by all or users of the forest area or by joint ventures, cooperation or other joint ventures with other units and individuals. The joint development of forest land should determine, in the form of a contract, the rights and obligations of forestland to protect and develop.

Article 19 provides forest eco-efficiency economic compensation in accordance with the law for the development of public-private forests such as water-dependent forests, soil conservation, wind-rich forests and environmental conservation forests.

Article 20 encourages the development of artificial commodity forest bases, such as raw materials forests, materials forests, etc., through a pool of operations.

Location permits for logging within the artificial commodity forest base are subject to single-point management.

Article 21

Chapter IV

Article 22 states that forested areas are used in the following three categories:

(i) To collect and take advantage of forest land, reference is to the conversion of forest land to building land due to the need for construction (including farmer self-building);

(ii) The temporary use of forest areas means activities that do not alter the nature of the forest area, which take over forest land to conduct surveys, construction facilities, quantification, mining and sand, with a deadline not exceeding 2 years. No permanent building shall be constructed during the occupation period and the conditions for forest production must be restored upon expiration;

(iii) Forestry production of forest occupiers, which means that the forest operation units build engineering facilities for forest production directly within the area of forests operated by the forest area and need to take advantage of the forest area.

Article 23, which collects and uses forest land for construction, shall apply to the district-level forestry administrative authorities, and subject to approval by the forest administration authorities in accordance with the legislative authority and procedures, to the construction of the land management legislation, regulations and regulations.

Article 24 collects and occupies of forested areas and requests should be made. The following materials were submitted by the district-level forest administration authorities:

(i) An application form for leasing and taking advantage of forested land;

(ii) The applicant is the unit, providing documents or proof, legal representative status certificates that are personal testimony;

(iii) The right to be levied or occupied in forest areas is certified;

(iv) The construction project is subject to the approval by the relevant administrative authorities (nuclear) quasi-fiduced documents for the project, within the area of urban planning, and should also be submitted to the planning authorities for the project selection of the project site;

(v) A study on the feasibility of leasing forests;

(vi) The forest area, the forest compensation rate and the settlement grant agreement or proof of the forested land signed with or occupied foresters;

(vii) Other material provided by law, regulations and regulations.

Article 25

(i) To apply on a provisional basis for forest use;

(ii) The applicant is the unit, providing documents or proof, legal representative status certificates that are personal testimony;

(iii) The right to be vested in forested areas is certified;

(iv) The status survey report on forests;

(v) The project shall be subject to the approval by the relevant administrative authorities (nuclear) and shall be submitted to the project quantify (nuclear) documents;

(vi) Other material provided by law, regulations and regulations.

Article 26

(i) The application form for the use of forests;

(ii) The applicant is the unit, providing documents or proof, legal representative status certificates that are personal testimony;

(iii) The right to be vested in forested areas is certified;

(iv) The project shall be subject to the approval by the relevant administrative authorities (nuclear) quasi-document(nuclear) of the project;

(v) Other material provided by law, regulations and regulations.

In accordance with article 27, the following amounts were collected and occupied by forest land, and in accordance with Article 16 of the People's Republic of China's Forest Law Enforcement Regulations, approval should be given to the State's forestry administrative authorities:

(i) More than 10 hectares of area of protected forests or special-purpose forests;

(ii) More than 35 hectares of area of material forests, economic forests, salin forests and their logic;

(iii) More than 70 hectares in other forest areas.

The area covered or occupied by forests is less than the previous paragraph and is subject to approval by the provincial forest administration authorities.

Article 28 temporarily occupied forestland and is governed by the following authorization authority:

(i) The area of temporary occupancy of protected forests or of special-purpose forest forests over five hectares, and the area of other forested land area is more than 20 hectares, with the approval of the Department of State Forestry Administration;

(ii) The area of temporary occupancy of protected forests or special-purpose forest forests below five hectares, with the exception of more than 20 hectares in other forest areas, approved by the provincial forest administration authorities;

(iii) The temporary use of forest areas other than protected forests and special-purpose forests for more than 10 hectares, with the approval of municipal forestry administrative authorities in the area;

(iv) The temporary use of forest areas other than protected forests and special-purpose forests is 2 hectares, approved by district-level forest administration authorities.

Article 29 Production of forest occupies, which are owned by national forest operators, is approved by the provincial forest administration authorities; other forest operators and individuals are approved by district-level forest administration authorities.

Article 33 The forest administration authorities shall be reviewed in the course of 20 work from the date of receipt of the application and shall be reported or decided in accordance with the authorization authority. The reasons should be given in writing and communicated to the applicant.

In approving the application for the temporary occupation of forested areas, the forest administration authorities shall make a notice of the application to be approved in the case of a fixed place designated by the Government of the People's Government in the forest area, 7 days. During the notice period, the relevant units or individuals, if questioned, shall be verified by the forest administration authorities. The objections made by the relevant units or individuals argue that there is a statutory basis for the forest administration authorities to be not approved and to inform the applicant in writing of the reasons for not being approved.

The announcement procedure for the collection, occupation of forest land approval is governed by the Land Resources Administration authorities in accordance with the provisions of land management laws, regulations and regulations.

Article 31 expires on the temporary occupancy of forested land without special grounds. In exceptional circumstances, the occupants should apply to the forest administration authorities at the time of the effective expiry of 30 years to re-exploit the forest area.

Article 32, the provincial forest administration authorities may entrust the lower-level forestry administrative authorities with procedures for the use of approval in forested land. The mandated sectors shall not be transferred to the commission.

Article 33, an engineering project shall not be configured in accordance with the overall design of an application for leasing and occupancy. Medium-term construction projects should be applied and approved on a roll-out basis and no pre-exploitation.

Article 34, which has been approved for the specific demarcation of the area of use of forests, must be subject to the presence of more than communal administrators at the district level. The units and individuals concerned must use forest land in the quantity and scope of the approval.

Article 33XV, which is approved, requires the harvesting of forested woods, by construction units, individuals or units entrusted by them, to be licensed by the executive authorities of the forest area in accordance with the law, and to include the harvesting limit for the year. The harvested wood is owned by the forest owners.

Article 36 has the right to reject units and individuals who have been occupied in forest areas in violation of the provisions of this approach or illegally occupied forest lands in other ways.

Costs used in forestland

Article 37 collects, accounts of units or individuals in forested areas, and shall pay for forest revegetation under the provisions of the forest cover and pay for forested land payments, forest wood and other land attaching royalties, resettlement grants.

The units or individuals temporarily occupied forest areas shall be paid for the rehabilitation of forest vegetation, as prescribed, and shall be paid to the occupants or individuals who are occupied by the forest and other land.

Article 338 Reimbursement is calculated on the basis of four to seven times the average annual average of local cropland in the previous three years. The average annual product calculation method is carried out in accordance with article 27 of the Zangangang Province (The People's Republic of China Land Management Act).

Article 39 Crop and other land-based compensation charges are developed by provincial forest administration authorities and are implemented after the approval of the provincial government.

Article 40 Reimbursement rates are carried out in accordance with article 24 of the Zangongang Act on the Implementation of the People's Republic of China Land Management Act.

In accordance with the level of economic development and regional differences, the Government of the People of the city, the district (communes, districts) could raise the payment criteria for local forestland compensation, forest wood and other landings attached to the payment of compensation, settlement subsidies, without reducing the provincial standard.

Article 42 Recovers for forest vegetation are paid in accordance with the standards set out in the National Forest Devegetation Recovering and Use of the Provisional Approach to Management.

Article 43 thirteenth forest revegetation should be earmarked for afforestation, forest revegetation, including forest resource surveys, planning, replanting, afforestation, reforestation, planting, fire protection, pest control, and resource escorts, in accordance with national provisions.

Article 44 quarants, occupies of forestland and temporary occupiers for compensation (help) standards, as well as for forested woods subject to logging, are controversial in the areas of recognition of forest species, forest age, production, annual product value, and when consultations are not in place, one party or both sides may apply to the district-level executive authorities for decisions. The specific approach to the decision was developed by the provincial forest administration authorities and approved by the Government of the province.

Chapter VI Legal responsibility

Article 42, in violation of article 15, paragraph 1 (i) and (ii), and article 23, of this approach, is punishable in accordance with article 43 of the Regulations on the Implementation of the People's Forests Law.

Article 46, in violation of article 15, paragraph 1 (iii), of this approach, provides that forests, forests have been destroyed and punished in accordance with the provisions of article 41, paragraph 2, of the People's Republic of China Regulations on the Application of Forest Law.

Article 47, in violation of article 16, paragraph 2, of this approach, provides for effective protection measures by the administrative authorities of the location of the forest area, resulting in landslides, landslides and severe water losses, and fines of up to 50,000 dollars.

Article 48 provides for the rehabilitation of landownership, boundary logs, by the location's administrative authorities, for the period of time;

Article 49 provides forgery, replication of the logic and other information on the forest land titles, which is to be converted by the administrative authorities at the district level to the time limit, collection of counterfeited, modified logging and relevant information, and fines of up to 1 million yen in 2000.

Article 50 provides for multiple receipts, recuperation, waivers, recuperation, or conceals, interceptions, misappropriation, coaching units and individuals for the recovery of forest vegetation, which are converted to the relevant sectoral orders by the superior or equivalent financial sector and are dealt with in accordance with the relevant provisions of the Financial Offences Punishment Regulations.

Article 50 above is one of the following cases in the district-level forestry administration authorities and in the relevant sector staff, and administrative disposal is provided by the units, superior authorities or administrative inspection bodies in accordance with the law:

(i) The right to forest land is not registered or registered in accordance with law without redress;

(ii) Removal of forest type and nature by unauthorized means;

(iii) Removal of the use of vouchers;

(iv) To transcend the use of forested land, statutory procedures and time frames;

(v) The failure to impose administrative penalties or administrative sanctions on forest-land offences is impartial;

(vi) Other acts of negligence, abuse of authority, favouring private fraud.

Article 52 violates the provisions of this approach, which criminalizes by the judiciary.

Chapter VII

Article 53 is implemented effective 1 January 2006.