Lhasa Forest Management Practices

Original Language Title: 拉萨市林地管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346696.shtml

Lhasa forest management practices

    (November 15, 2010, Lhasa city people's Government, the 13th Executive meeting on November 17, 2010, Lhasa city people's Government promulgated as of January 1, 2011, 29th) first to strengthen forest land protection and management and the rational use of woodland, according to the People's Republic of China forest and the People's Republic of China regulations for the implementation of the forestry law, the Tibet Autonomous Region forest land management and related laws and regulations, combined with the city's actual, these measures are formulated.

    Article forest in these measures, including the canopy above 0.2 trees woodland and scrubland and open forest, logging slash, burned, not into forest land, plant nurseries and forests of the people's Governments above the county-level planning.

    Third article this regulation is applicable within the administrative area of the city of woodland protection and management. Article fourth practises the system of registration and certification of forest land, forest land use control system.

    City, County (district) people's Governments shall strengthen the management of forest land, and suppression of offences of embezzlement and abuse of forest lands.

    Fifth, forest green, woodland, administrative departments are responsible for the management and supervision of work.

    City development and reform, housing and urban-rural development, land and resource planning, environmental protection, water conservancy, transportation, agriculture, finance, public security, civil affairs and other relevant departments shall, in accordance with their respective duties to assist the competent administrative departments of forest green forest protection and management.

    Sixth forest land belongs to the State or collectively-owned, clear property rights, maintain the premise of collective forest ownership does not change, forest land contractual management rights and forest ownership should be put to the home, the farmers ' main operating position.

    Article seventh woodland owner or user shall be in accordance with the relevant provisions, forest green, to the management authority in the registration application to the administrative authorities, by the municipal register, issuance of certificate of ownership, confirmed forest land ownership or use rights.

    Section eighth for 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) the laws, regulations and other materials.

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

    (A) the expropriation and occupation of forest land was due to construction projects are required, change the nature forest and forest land to construction land; (B) the temporary occupation of forest land is not changed woodland nature, and occupation of forest land surveying, construction of facilities, take sand quarrying, mining, and other activities, occupation period not exceeding 2 years.

    Occupied shall not during the construction of permanent buildings, forestry production conditions must be restored after the expiry;

    (C) the forestry production and occupation of forest land is forest management unit within the operating range of woodland built directly to the engineering facilities of the forestry service, need to occupy forest land. Article tenth exploration, mining and road building, water conservancy, electric power, telecommunications and other projects that requires or is imposed by the forest, the applicant shall apply to the greening of forestry administrative departments, the greening of forestry administrative departments for examination and approval before they can apply for approval of construction land.

    Without the greening of forestry administrative examination and approval by the competent Department, land and resources Administrative Department of planning shall not go through the relevant formalities.

    11th expropriation and occupation of forest land unit or individual, to woodland forest green, where administrative authorities should submit the following documents:

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

    (B) the applicant is to provide unit certificates and proof of identity of the legal representative; individual provides proof of identity;

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

    (D) construction project approval documents;

    (V) the feasibility study report of expropriation and occupation of forest land and site survey report;

    (F) with expropriation and occupation of forest land owners of woodlands, trees compensation and resettlement agreement or certificate;

    (VII) other materials stipulated by laws and regulations. 12th green forestry administrative departments shall within 5 working days from the day of acceptance of the application review is completed.

    Upon review, in line with the provisions of laws and regulations and these rules shall be admissible; need to fill, are materials shall at once inform the applicant corrected; not to the approval decision, it shall state the reasons in writing and inform the applicant.

    13th temporary occupation of forest land and approval formalities ratification in accordance with the following permissions:

    (A) temporary occupation in addition to shelter forest and special-use forests other than the area of 2 hectares or more of up to 10 hectares of forest land, by the municipal greening of forestry administrative authorities;

    (B) temporary occupation in addition to shelter forest and special-use forests outside of up to 2 hectares of woodland, by the County (district) the greening of forestry administrative departments for examination and approval.

    14th Green by the competent administrative Department of forestry audit agreed with applicant collection, appropriation or temporary occupation of forest land, within 10 working days from the day of acceptance of the application, it shall notify the applicant advances forest vegetation restoration cost. 15th construction projects should be based on the overall design of a one-time application for expropriation and occupation of forest land, shall not split applications.

    Phased construction project staging shall be applied for and approved, shall not be prior to use or not use.

    16th approved construction projects needed to cut trees, land for construction units shall apply to the competent administrative Department of forestry, where the forest green tree cutting license, and include cutting quotas that year.

    17th clause approved by law, temporary occupation of forest land of units and individuals engaged in production and business activities, and should take effective measures to protect forests, preventing soil erosion, may not change the uses of forest land. Article 18th 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) without authorization, quarrying, mining in the forest floor, take up, take sand, such as building and construction activity; (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 go through examination and approval procedures.

    19th expropriation and occupation of forest land unit or individual, shall be paid in accordance with the regulations to the greening of forestry administrative departments of forest vegetation restoration cost, and expropriated, 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.

    Construction of small towns, farmers and herdsmen housing project, rural road construction acquisition, occupation or temporary occupation of forest land, exemption from forest vegetation restoration cost, unless otherwise provided.

    Article 20th compensation fee of forest land, in accordance with their collection, occupying first 3 years 3 to 6 times times the local average annual output value of cultivated land compensation.

    Article 21st forest and other fixtures on the ground standard of compensation in accordance with the relevant provisions of the State.

    22nd resettlement criteria according to the previous three-year average value of land expropriation compensation of 3 times.

    23rd forest vegetation recovery fee in accordance with the relevant provisions of the State.

    24th forest vegetation restoration cost should carry out earmarks, for use in reforestation and restoration of forest vegetation, including the forest resource inventory, planning and design, soil preparation, planting, raising, forest fire, pest control, maintenance expenditure of resources, not flat, hold back or diverted to any other use.

    25th of any change of forest land use by the municipal greening of forestry reinstated as ordered by the Administrative Department, and unauthorized change of use of forest land fines of 10 Yuan to 30 yuan per square meter.

    Article 26th greening Administrative Department of forestry staff and the staff of the departments concerned of any of the following circumstances, principals and persons shall be given administrative sanctions; a suspected crime, handed over to judicial organs for handling.

    (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;

    (D) beyond the statutory mandate, 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. 27th article this way come into force on January 1, 2011.