Administrative Measures Of Guangdong Province, Timber Processing And Transport

Original Language Title: 广东省木材经营加工运输管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351939.shtml

Administrative measures of Guangdong Province, timber processing and transport

    (May 5, 2011 11th people's Government of Guangdong province for the 72nd General session on June 14, 2011 159th promulgated by the people's Government of Guangdong Province as of September 1, 2011) Chapter I General provisions

    First in order to strengthen the management of timber management, processing and transportation, the rational use of forest resources, protection of the ecological environment, according to the People's Republic of China forest and the People's Republic of China regulations for the implementation of the forestry law and the Guangdong province's forest protection and management and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Article this regulation is applicable in the province within the administrative area of timber management, processing, transport and management of its activities.

    Development and utilization of forestry biomass energy involving the transport of timber management, processing, and in accordance with the relevant provisions of the State.

    Article wood in these measures, including logs, sawn timber, bamboo, veneer, wood chips, wood materials, branches (including charcoal), tree root, diameter 5 cm above the transplantation of trees and wooden (bamboo) semi-finished products.

Fourth forestry authority of the people's Governments above the county level shall be responsible for the administrative area timber management, processing, and transportation management.

    Industry and commerce, taxation, public security, traffic, railway, shipping and customs authorities in accordance with their respective responsibilities, good management of timber management, processing and transportation.

    Chapter II, timber management and processing

    Fifth people's Governments above the county level forestry departments should adhere to the scientific planning and rational distribution, ecological principles of priorities, resource conservation, preparation of the wood processing industry, reported to the people's Governments at the same level for approval.

Planning the sixth compilation of wood processing industry should be based on the following conditions:

(A) the local social and economic development planning;

(B) the market demand;

(C) existing local and foreign timber utilization of forest resources;

(D) the raw materials forest bases construction plan;

(E) the local wood processing in traditional techniques. Wood processing industry planning should include planning period, type of processing enterprises and processing plants (dot) quantity, size, layout, material security, and so on.

    Limited primary processing of native broadleaf trees as raw material and processing projects. Article seventh units and individuals engaged in the lumber business, processing, timber processing, shall apply for the Guangdong Province license (hereinafter licences for timber processing).

    However, the villagers use timber from legal sources and processing small amounts of farm implements, except such as furniture and building. Eighth timber processing licences produced centrally by the provincial forestry authorities, issued by the people's Governments above the county level forestry authorities.

One plant (branch) certificate.

    Management, processing of timber processing license should be approved and the product type, size, location, duration of specific projects.

Nineth apply for a timber permit shall meet the following conditions:

(A) legal, sources of wood that match the scale of its business;

(B) its business to adapt to the size of the fixed place of business;

(C) the operating logs, inspectors shall be equipped with wood;

    (D) other conditions stipulated by laws, rules and regulations.

Tenth timber license the applicant shall submit the following materials:

(A) the application form;

(B) the identification of individuals or legal representative;

(C) timber sources of proof;

(D) fixed premises certificate;

    (V) the operating logs, wood from timber inspection certificate shall be submitted and hired inspectors contract.

    Section 11th timber license, by the people's Governments above the county level forestry authorities.

Article 12th woodworking license shall meet the following conditions:

(A) meet the requirements of local planning of urban and rural planning, wood processing industry;

(B) legitimate, and processing of scale that matches the wood sources;

(C) its processing of scale stationary processing sites;

(D) its processing of scale of equipment, technical personnel;

(V) the process comply with environmental protection requirements;

(Vi) other conditions stipulated by laws, rules and regulations. Application for annual processing capacity of 10,000 cubic meters of wood timber primary processing of the above license, construction projects should be designed by has a qualification of forestry survey and planning units for the design and supply of raw materials to make a feasibility study.

    Application for annual processing capacity of 30,000 cubic metres of wood timber primary processing of the above license, more than 50% should also be established to supply raw materials forest bases.

13th wood processing permits the applicant shall submit the following materials:

(A) the application form;

(B) the identification of individuals or legal representative;

(C) timber sources of proof;

(D) fixed premises certificate;

(V) and its processing to adapt to the size of the equipment, staff directory and Inspector of timber permits, employing timber Inspector contracts;

(F) with appropriate qualification of environmental impact assessment of woodworking project environmental impact statement prepared by the institution (table). Application for annual processing capacity of 10,000 cubic meters of wood timber primary processing of the above license, shall also submit the qualification issued by the forest survey, planning and design of project design document report on the feasibility and the supply of raw materials.

    Application for annual processing capacity of 30,000 cubic metres of wood timber primary processing of the above license, should also be submitted to the establishment of a more than 50% can supply raw material forest base certificate.

14th timber processing permit grading examination and approval system:

(A) the annual processing capacity of 10,000 cubic meters of wood timber primary processing of the above license, approved by the provincial forestry authorities.

(B) the annual processing capacity of 5000 cubic metres more than 10,000 cubic metres of wood (not including 10,000 cubic metres) timber primary processing of license, by the prefecture-level city government forestry authorities for approval.

(C) the secondary processing of wood permits and annual processing capacity of 5000 cubic metres of wood (not including 5000 cubic metres) timber primary processing permits, by the people's Governments at the county level forestry authorities.

Prefecture-level municipality directly under the State-owned forest farms to apply for secondary processing of wood permits and annual processing capacity of 10,000 cubic meters of wood (not including 10,000 cubic meters) of wood primary processing permits, by the prefecture-level city government forestry authorities for approval.

    Directly under the province's State-owned forest farms to apply for permits for wood processing, by the provincial forestry authorities. 15th forestry authorities shall accept timber processing within 20 working days from the date of the application for leave to make a decision on the administrative license.

    Qualify and issue licences for timber processing; does not meet the criteria, no administrative license is made by written decision with reasons. 16th section timber processing licences are valid for 3 years.

    Temporary acquisition of wood, valid for not more than 2 years. 17th timber operation, processing units and individual changes its registered items, an application shall be submitted to the original examination and approval organ.

    Eligible, the original examination and approval organ shall issue licences for timber processing.

18th timber operation, processing unit and individual needs to extend validity of licences for timber processing, should be submitted to the original examination and approval organ expires 30th application.

    Forestry authorities of the Parties shall apply for, prior to the expiry date of the licences for timber processing to make decision on whether to approve the extension; fails to make a decision, considered to approve the extension. Article 19th timber management, processing units and individuals shall establish the acquisition and sale of account.

    Purchase ledger period is 3 years.

20th prohibits timber operation, processing units and individuals engaged in the following activities:

(A) the operation, processing of timber without a license;

(B) beyond the approved scope of licences for timber processing, management, processing of scale timber;

(C) the management, processing, without lawful sources of wood;

(D) unauthorized entry into buying timber in forest areas;

(E) unauthorized operation, processing infected wood and other acts in violation of phytosanitary regulations;

    (F) the purchase and sale of forged, altered wood ledger.

    21st people's Governments above the county level forestry authorities by way of bidding, on the property of wood as raw material for timber primary processing of applications for licensing.

    22nd forestry authority of the people's Governments above the county level shall strengthen the timber processing units, individual supervision and management, guidance system of raw material forest base construction, establish the purchase and sale of account, to carry out inspection of law enforcement, promoting policies, laws and regulations.

    Chapter III timber transport

23rd transport timber and wood-processing unit in a lump out of us log volume more than 0.5 cubic metres of wood (bamboo) products shall apply to the Guangdong Province, timber transport certificate (hereinafter referred to as timber transport certificate). From the cutting area to transport timber skidding, felling licenses transport.

    Consumers to buy wooden (bamboo) products, with sales invoice for transport.

24th consignor applying for timber transport permit shall submit the following materials:

(A) the application form;

(B) forest harvesting (mining) permits or other documents prove legitimate sources of wood;

(C) the quarantine certificate (non-quarantine pests);

(D) test measurement list or inventory of wood;

(E) Forestry Fund receipts and payment receipt;

    (F) the laws, regulations and other documents prescribed by regulation. 25th forestry authority of the people's Governments above the county level shall receive a timber transport permit application materials within 3 business days from the date of review.

    Eligible, timber transport permit issued; does not meet the criteria, no administrative license is made by written decision with reasons.

26th article approved by the provincial people's Government, the people's Government above the county level can be setting up wood checkpoints on roads or waterways.

According to wood transport inspection needs, approved by the provincial people's Government, the people's Government above the county level may be provided for in the administrative area of the road, implementing timber transport on waterways flow inspection.

    Set up wood checkpoints should be in accordance with the relevant provisions of the administrative regulations of Guangdong Province, administrative law-enforcement team.

    The fourth chapter legal liability

27th disobey article 20th, any of the following circumstances, the people's Governments above the county level forestry authorities punished; are required by law to revoke its business license, notify the competent administrative departments for industry and Commerce at the same level:
(A) the operation, processing of timber without a licence, confiscation of illegal business operations, processing of timber and illegal income, and fined not more than twice the illegal proceeds, shall be banned;

(B) beyond the approved scope of licences for timber processing, management, processing of scale wood, or does not implement the relevant machine account system, rectification, and a fine of 1000 more than 5000 Yuan fines;

(C) acquisition without lawful sources of wood, confiscate the illegal acquisition of timber or illegal income, and may be illegal to buy wood 1 time times 3 times the price of a fine;

(D) unauthorized entry into acquisition of wood in cutting area, confiscate timber and fined 1000 Yuan penalty of more than 5000;

    (V) unauthorized operation, processing of infected wood, confiscation of illegal business operations, processing of timber and illegal income, and fined not more than twice the illegal proceeds; other acts in violation of phytosanitary regulations, according to the plant quarantine regulations will be punished.

28th disobey article 23rd, any of the following circumstances, the people's Governments above the county level forestry authorities to seize vehicles and treated in accordance with the following provisions, return transport:

(A) no timber transport permit (reuse the timber transport certificate or with an expired timber transport permit illegal transport of timber), confiscation of illicit transport of wood, and a fine 30% of the illegal transportation of timber price;

(B) the transport of wood than the wood transportation quantity by transport permits, confiscation of excess wood; transporting wood, wood species, size and timber transport certificate does not match the records without a proper reason, confiscate the inconsistent part of wood; timber transport certificate does not match the records of shipment, confiscated the transportation of wood;

(C) use altered or forged timber transport permit the transport of timber, confiscating illegally transport timber, 50% 10% to the price of a fine and confiscation of wood; (D) concealment, disguise, broke cards to avoid detection, the transportation of wood processed timber transport permit is punishable by more than 1000 10000 Yuan fine.

Broke party card, by the public security organs in accordance with the People's Republic of China provisions of the law on administrative penalties for public security, punishable by the law and order;

(E) no timber transport permit timber carrier, confiscation of freight and shipping more than 1 time fined not more than 3 times.

    Other provinces (districts) into (the) province of timber, according to the origin province (district) shall be determined within the scope transport of documents and is a breach of transport in accordance with the provisions of the preceding paragraph.

    29th wood detained during handling, storage, such as costs incurred, an illegal operation, processing, transporting, and borne by the parties; caused by law enforcement officials who abuse their powers, neglect their duties, borne by the law enforcement agencies, and to compensate the economic losses of the parties. Article 30th confiscated wood, followed by the forestry authorities agreed to the financial sector, selling timber management, processing units and individuals. Conditions shall conduct public auctions.

Paid in full financial proceeds from sale and auction.

    Unable to sell, auction timber in accordance with law, in accordance with the relevant regulations of the State.

    31st checkpoint staff of forestry authorities and timber, timber management, processing and transportation regulatory activities in the abuse of power, negligence, malpractice, disciplined by his appointment and removal or the supervisory organs constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws 32nd article this way come into force September 1, 2011. September 22, 1994 with Guangdong, the provincial Government House [1994]113 published by the Guangdong Province wood measures for the supervision and inspection of transport repealed simultaneously.