Zhejiang Province, Forest Cutting Management

Original Language Title: 浙江省林木采伐管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399301.shtml

Zhejiang Province, forest cutting management

    (21st Executive meeting examined and adopted the people's Government of Zhejiang Province February 14, 2014, Zhejiang Province people's Government announced order No. 320, come into force on April 1, 2014) first in order to strengthen the management of forest cutting, effective protection, cultivation and utilization of forest resources, in accordance with the People's Republic of China forest and the People's Republic of China provisions of the regulations for the implementation of the forestry law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in within the administrative area of the province engaged in forest harvesting (including excavation, the same below) and their management, these measures shall apply. Third people's Governments above the county level shall strengthen leadership of the protection and management of forest resources, urging implementation of forest logging quota management system, years of forest cutting quota implementation into annual work target management system.

Relevant competent administrative departments to produce years of forest logging quota and required to undertake one or two types of forest resource investigation funds included in the budget at the same level.

    The township (town) people's Governments (including subdistrict offices, the same below) should strengthen the Ranger team-building, implementation of forest resource protection responsibilities according to law, do the forest cutting management related work.

Article fourth forestry administrative departments of the people's Governments above the county level responsible for cutting the administrative management and supervision.

    The people's Government above the county level housing and urban-rural construction, Administrative Department of transport and railway sectors, according to their respective duties do the forest cutting management and supervision. Fifth-year forest harvesting quota for five years to prepare.

Annual compilation of forest cutting quota shall follow the principle of consumption is lower than the growth of the forest, in line with State regulations, and in accordance with the following provisions:

(A) the State is responsible for the preparation of forest management units;

(B) collective and individual ownership of the forest as well as County and Township Road protection forest by the County (city, district) forestry administrative departments in charge of the preparation;

(C) urban trees as well as State and provincial highways and railway protection forest, respectively, by the housing and urban-rural construction, Transportation Department of transportation administration Railway Department is responsible for the preparation.

    Forest cutting quota units prepared by the year, the County (city, district) people's Governments or provincial administrative departments and submitted to the provincial forestry administrative head of Railway Department summary, balance, after examination by the provincial people's Government, submitted to the State Council for examination and approval.

Sixth year forest harvesting quota approved by the State Council, the provincial governments for decomposition to the County (city, district) people's Government and provincial administrative departments and the railway sector.

The County (city, district) people's Government according to the township (the street) of forest volume year forest harvesting and forest stock volume decomposition quota for the development of forest management plans, according to the forest management plan the rational harvesting, break down years of forest cutting quota to forest managers.

    The County (city, district) people's Government can separate part of their year of forest logging quota for the expropriation and occupation of forest land, natural disasters, and to investigate and punish cases of forest trees caused by loss. Article seventh wood types including primary, raising cutting and regeneration felling and harvesting.

Final cutting into selective cutting, cutting and Shelterwood cutting in three ways.

Final cutting in front of selective cutting intensity shall not exceed 40% of the stand; a clear-felled area should be controlled within 5 hectares woodland slope at 35 degrees could be expanded to 20 hectares of forest, a natural year in connected blocks of clear-felled area should be combined. Tending felling intensity shall not be greater than the former 40% of the stand, after the forest canopy shall be not less than 0.

    5, but except in special cases such as natural disaster damaged trees.

    Article eighth principal felling age of timber, by the County (city, district) forestry administrative departments according to tree growth, maturity, and local production and management situation, and submitted to the provincial Department of forestry administration for the record.

Nineth forest only for tending and regeneration cutting, concrete cutting methods in accordance with the relevant provisions of the public forest management and strength. Strictly control the harvesting of natural broad-leaved forests.

    Need tending and regeneration cutting, cutting intensity shall not be greater than the former 15% of the stand, but expropriation and occupation of forest land, construction of forest fire prevention facilities, opening fire belt needs to cut trees and removal of damaged trees except in special cases, such as natural disasters.

    Special tenth article needs to coastal States protection forest belt of trees for tending and regeneration cutting, the local counties (cities, districts) of forestry administrative departments for review, submitted to the provincial Department of forestry administration for approval. 11th according to law to protect the precious trees. Destroyed or have died due to natural disasters need to clean up logging, as well as special situations need to be migrated, logging of precious trees, by the County (municipal and district) review by the Administrative Department of forestry, after examined by the people's Governments at the same level, submitted to the provincial Department of forestry administration for approval.

Urban migration of rare trees and dead according to urban green management laws, regulations, rules and regulations.

    Precious trees the seeds according to General wood cutting trees in the building regulations.

12th prohibits excavation in the following woodland trees:

(A) soil gravel content, or likely to cause landslides;

(B) the slopes of more than 35 degrees;

(C) soil barren, vegetation recovery after the excavation;

(Iv) above the provincial level forest;

    (E) the shrubbery. 13th cut trees to units and individuals shall be in accordance with the People's Republic of China forestry law 32nd of the rules applying to the administrative departments of people's Governments above the county level forestry tree cutting license; logging town forest, as well as State, provincial road and railway protection forest, to the appropriate housing and urban-rural development, transportation, tree cutting permits from the administrative departments and the railway sector.

Relevant laws, regulations, rules for tree cutting permits specific procedures, modalities and approved as provided, from its provisions.

The tree cutting license the applicant shall submit the following materials:

(A) the tree cutting license application form;

(B) the applicant or personal identity documents;

(C) the ownership of forest ownership certificate and other relevant supporting documents;

(D) State-owned forests, forest, natural forest logging and logging and protection forest and urban forest, shall submit a corresponding logging operations of the design documentation;

(E) cutting trees in the forest all or individual shall submit harvesting purposes, locations, species, forest condition, area, volume, mode and updates the file;

(F) the laws, rules and regulations and other relevant material.

    The tree cutting license application form model formulated by the provincial forestry administration departments. Article 14th issuing authority should carry out felling system, publicity about wood cutting application, license, etc. Logging State-owned forests, needed publicity in the State-owned forest management unit is located; cut trees in the forest all or individual, in tree villages or unincorporated villages where you want publicity.

    Public time on 7th.

15th-issuing authority shall issue within the year forest harvesting quota tree cutting permits. Issuing authorities shall accept wood cutting application made within 10 working days from the date of licensing decisions.

To meet the conditions for issuing, issuance of forest felling licenses; the licensing conditions are not met, no permission and a written decision and reasons.

Counties (cities, districts) of forestry administrative departments may authorize Township (town) people's Government issued in addition to state-owned forests, natural forest, above the provincial level forest felling licenses outside the forest.

    Expropriation and occupation of forest land needed to cut trees, issuing authority in the land after obtaining the consent to use of forest land in accordance with law, parties may authorize appropriate forest harvesting licenses.

16th management unit of State-owned forest to cut trees and rural collective economic organizations, class (or plots) issued; for the same reason to cut trees, construction engineering or natural disasters, cross-class (or plots) certification.

    Implementation of a household individual tree cutting permits.

Article 17th cutting units and individuals should be issued by the issuing body or the entrusted the tree cutting license of township (town) people make cutting planting update protocol, and in accordance with the agreement to complete reforestation tasks.

    Implementation of clear cutting system, tree cutting unit and individual shall, in accordance with the logging of forest felling licenses approved area of reforestation. Article 18th forestry administrative departments of the people's Governments above the county level should be sound forest.

Wood cutting permit management systems, establish the issuance of forest felling licenses account, statistical analysis of years of forest cutting quota implementation.

    Housing and urban-rural development, the people's Governments above the county level transportation administrative departments and the railway authorities shall strengthen the management of forest felling licenses issued by, the tree cutting implementation guidance and supervision according to law, and to ' administrative departments of people's Governments above the county level forestry provides annual statistical analysis of forest cutting quota implementation-related data.

19th the following situations do not need to go through the tree cutting license:

(A) rural residents cutting plots and houses owned by individuals scattered trees;

(B) forest seed production operators exploiting nursery seedlings

(C) tending felling of bamboo;

(D) cutting diameter 5 cm forest trees;

(E) cutting economic forests, non-objective diameter 5 cm of timber species;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

20th under any of the following circumstances, issuing authority may issue the tree cutting license:

(A) beyond the years of forest cutting quota;

(B) forest, special-use forests for non-tending or regeneration cutting or felling trees in the forest conservation;

(C) the previous year, tree cutting does not complete the task of reforestation;

(D) the expropriation and occupation of forest land needed to cut trees, but has not obtained the consent to use of forest land;

(E) the ownership of forest ownership is unclear or disputed;

    (Vi) other circumstances as stipulated by laws, rules and regulations. Article 21st cutting units and individuals shall be in accordance with the provisions of the tree cutting license logging, implement harvesting and immigration.
Actual number of logging and forest felling licenses approved number of errors, the excess shall not be greater than the approved amount of 10%, where this year's or next year in forest cutting quota deduction.

Clear-cutting in an area of control. Harvesting of the forest did not reach the volume of forest felling licenses approved, but four have reached the tree cutting license requirement to area, cutting unit or individual shall stop logging. In forest logging license provides of four to range within, has logging of forest accumulation volume beyond forest logging license approved accumulation volume of, logging units or personal should in forest logging license validity within to sent card organ proposed additional logging accumulation volume of written application; sent card organ by review verified, on its beyond original accumulation volume 25% (including Qian paragraph provides of 10% of errors) within of part can be additional, change forest logging license provides of accumulation volume,

    It should be local this year or next year in forest cutting quota deduction. 22nd forestry administrative departments of the people's Governments above the county level should establish sound forest harvesting supervision and inspection system, strengthen the guidance and supervision of forest harvesting.

The township (town) people affected by tree cutting permits issued by the delegate implementation to be checked.

    The people's Government above the county level forestry, housing and urban-rural construction Administrative Department of non-forest felling licenses or volume and species of tree cutting license violations, methods, scope, size and time of illegal logging and deforestation, should investigate and punish, no replacement of forest felling licenses.

    23rd transport harvested timber or exploiting the trees out of the County (city, district), shall handle the timber transport permit.

    Article 24th acts in violation of these rules, the laws and regulations we have legal liability provisions, from its provisions constitute a crime, criminal responsibility shall be investigated according to law.

    25th applicant with fraud, bribery or other improper means of forest felling licenses, certification authorities shall withdraw the tree cutting license, more than 500 Yuan for parties of less than 2000 Yuan fines; tree-felling, handled by the unlicensed logging.

    26th article violation this approach 31st article of provides, forest logging units and personal actual logging accumulation volume beyond part is greater than forest logging license approved accumulation volume 10% of, and by area implementation are cutting of actual logging accumulation volume beyond part in forest logging license approved accumulation volume of 25% within, but not in forest logging license validity within application additional logging accumulation volume of, are according to deforestation forest processing.

    27th article violates these rules, no timber transport permit or exploiting the trees of timber transport requirement for violators, according to the People's Republic of China article 44th of the regulations for the implementation of the provisions of forestry law.

28th people's Governments above the county level forestry, housing and urban-rural development, transport and railway sectors, has been entrusted by the Administrative Department of township (town) people violating these rules, any of the following circumstances, by the authority directly responsible for the charge and other direct liable persons shall be given administrative sanctions:

(A) issued in violation of laws and regulations and these rules of forest felling licenses;

(B) cutting units and individuals in violation of laws and regulations and these rules of behavior are not investigated according to law;

(C) the lack of supervision and inspection, causing serious deforestation within their respective administrative areas;

(D) other acts of dereliction of duty, abuse of power, favoritism.

    The preceding paragraph (c), should also be investigated for responsibility about the forestry administrative departments in charge.

29th the following terms shall have the meanings herein:

Precious trees, refers to the people's Governments above provincial forestry administrative department or other relevant departments to determine significance historically meaningful or scientific value or age of valuable and old trees, and prohibit, restrict the export of precious trees and the trees included in the list of national key protected wild plants.

    National special protection forest belt along the coast, means approved by the Forestry Administration Department of the State Council of province, construction of coastal protection forest system in the overall planning of all coast forest based on forest and island coast. 30th article this way come into force April 1, 2014.