Guizhou Province, Guizhou Provincial People's Government On The Revision Of The Decisions Of The Management Of Compensation For Forest Land Requisition And Occupation

Original Language Title: 贵州省人民政府关于修改《贵州省征占用林地补偿费用管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346525.shtml

Guizhou province, Guizhou Provincial people's Government on the revision of the decisions of the management of compensation for forest land requisition and occupation

    (January 31, 2011 the 39th Executive meeting of Guizhou province on February 17, 2011, 124th promulgated by the people's Government of Guizhou province as of April 1, 2011) province, Guizhou province people's Government decision on the regulation on compensation for forest land requisition and occupation as follows:

    First, the title is changed to "expropriation and compensation for forest land management in Guizhou province".

    Second, the provisions in the "sign, use", "use or expropriation" amended to "expropriation and requisition."

    Three, the fourth paragraph is amended as: "the temporary requisition of forest land shall pay a fee for forest restoration, ownership of the forestland by temporary or provisional forestland of the holder in accordance with the age and annual output value of cultivated land in the local compensation and damage to the trees, was pressed on the forest trees should be the owner of or right to pay compensation fee of forest".

    Article seventh four, be modified to: "forest land compensation and resettlement fees, as approved by the provincial government, the municipal (State, land) Government (Administrative Office) released the unified annual production criteria and integrated land section price of land expropriation of land expropriation compensation."

    Five, and will eighth article subsection (five) items single into second paragraph, modified for: "nursery to seedlings compensation standard: using forest planting material or breeding material production of dbh 5 cm following of seedlings, according to local Shang a annual with species with specifications seedlings market average sales price multiplied by strains number of total value be compensation; dbh 5 cm above of trees reference assessment value be compensation".

    Six, deletes Article Nineth.

    Section seven, article tenth adjustment for the Nineth, and be amended as: "expropriation and requisition of cities and urban planning area of woodland, forest vegetation recovery fees charged according to the prescribed standards twice; forest compensation shall be higher than that of the first paragraph of this article eighth standard, specific measures with that standard multiplied by 2".

    Eight, the 12th article is changed to: "the collection of forest vegetation restoration cost, prescribed by the provincial financial departments charge bills."

    Article nine, the 13th is amended as: "the provincial forestry authorities charge forest vegetation restoration cost, according to the province, city (State, land), counties (cities and districts) forestry authorities, two or six proportion, by the provincial financial Department in accordance with the relevant provisions of budget management allocated to the expropriation and requisition of forest land where financial sector."

    In addition, individual by modifying the text of the provisions, the provisions in the order was adjusted accordingly.

    This decision shall enter into force on April 1, 2011.

    The Guizhou Provincial compensation for forest land requisition and occupation regulations published under this decision be revised accordingly.

    Report: Guizhou province, expropriation and compensation for forest land management 2011 (revised)

    (March 20, 2000 provincial people's Government, the 47th, released on July 1, 2004, Guizhou province, the Guizhou Provincial people's Government on the revision of administrative measures on compensation for forest land requisition and occupation, the first amendment of the decision on February 17, 2011 modification of Guizhou province, the Guizhou Provincial people's Government on compensation for forest land requisition and occupation Administration decided to approach the second amendment)

    First in order to strengthen the management of forest land, protecting forest resources, maintenance of woodlands, the legitimate rights and interests of forest owners and operators, conducive to the rational use and development of the construction of forest resources, in accordance with the People's Republic of China Forestry Act and the provisions of relevant laws and regulations, combined with the province, these measures are formulated. Article exploring and mining minerals and various construction projects shall not be accounted for or less forest land.

    Really necessary expropriation and requisition of forest land, it shall be for the forest land use procedures.

    Article III compensation for expropriation and requisition of forest land includes forest restoration, forest land compensation and resettlement fees, compensation fee of forest.

    Fourth law of expropriation and requisition of forest land units and individuals shall pay a fee for forest restoration, pay compensation and resettlement costs, Woods compensated costs of forest land.

    Woodland forest compensation paid in compensation fees, been expropriation and requisition of forest land ownership or the right of people.

    Temporary requisition of forest land shall pay a fee for forest restoration, ownership of the forestland by temporary or provisional forestland of the holder in accordance with the age and annual output value of cultivated land in the local compensation and damage to the trees, was pressed on the forest trees should be the owner of or the right to pay compensation for forest charge.

    In accordance with the provisions of standard construction of rural houses, homestead of the lawful use of collective forest land, forest restoration fee levied in accordance with the relevant provisions of the State.

    Article fifth expropriation and requisition of forest land, forest vegetation restoration cost by the provincial forestry departments in charge in advance. Temporary expropriation shelterbelt and special uses woodland, temporary expropriation other woodland area 10 hectares above of, forest vegetation recovery fee by Province Government forestry competent sector is responsible for received in advance; temporary expropriation except shelterbelt and special uses woodland yiwai of other woodland area 2 hectares above 10 hectares following of, forest vegetation recovery fee by city (State, and to) Government (area) forestry competent sector is responsible for received in advance; temporary expropriation except shelterbelt and special uses forest yiwai of other woodland area 2 hectares following of,

    Forest vegetation restoration cost by the people's Governments at the county level forestry departments in charge in advance. Sixth forest fee collection standards in accordance with the recovery of vegetation restoration in expropriation and requisition of forest land area needed investigation and planning of forest vegetation of design and planting cultivation charges, for final approval.

    Specific standard is as follows:

    (A) the timber woodland, forest woodlands, forest forest, bamboo forest, nursery, charge 6 Yuan per square meter;

    (B) the immature forest woodlands, charged 4 Yuan per square meter;

    (C) the shelter forest and special-purpose forest, charged 8 RMB per square metre; national key shelter forest and special-purpose forest, charges 10 yuan per square meter;

    (D) open woodland, shrub, charge 3 Yuan per square meter;

    (E) appropriate forest land, deforested land, burned, charge 2 Yuan per square meter.

    All kinds of forest land designated as national forests should be in accordance with the criteria set out in national key protective Cup charge; designated a local forest shall be charged in accordance with the criteria set out in forest.

    Article seventh forest land compensation and resettlement fees, as approved by the provincial government, the municipal (State, land) Government (Administrative Office) published the unified annual production of land expropriation compensation standards and integrated land section price of land expropriation.

    Eighth forest compensation standard:

    (A) the timber forests:

    1. young forest (including immature seedlings of forest land), for afforestation per unit area the previous year cost and tending and maintenance of all investment twice; 2. in the old forest, near-mature, for expropriation and requisition of forest land on the production of wood 1 time; mature forest, for expropriation and requisition of forest land wood on the value of 0.5 times.

    Local wood production value according to the annual average sales price multiplied by the forest stock volume of similar wood.

    (B) special-use forests, shelter, for the purposes of subsection (a) in the 2nd middle age, near-mature forest compensation standard twice;

    (C) forest:

    1. There are no proceeds of non-timber forest, to actual planting, tending and maintenance of all investment twice;

    2. earnings and decline of economic forest in the early, local bloom on a yearly output value of Nontimber forest crops in the same income twice;

    3. high income of non-timber forest, on a yearly output value of 4 times.

    (D) forest, shrub, for the purposes of subsection (a) investment 1th young;

    (E) the bamboo, bamboo shoot, bamboo, bamboo shoots on by expropriation and requisition of forest land value twice times, bamboo forests on the output value of the local annual average sales price multiplied by the total number per plant, bamboo shoots on the output value of the local annual average yield multiplied by the sales price;

    (F) the scattered trees, actual sales prices for local the previous year;

    (VII) other attachment, compensation in accordance with relevant laws and regulations.

    Compensation standard of nursery seedlings: tree planting material production or propagation material of diameter at breast height of up to 5 cm seedlings, according to the previous year, with a number of local tree species seedlings of the same specification market average selling price multiplied by the number of total compensation value; diameter 5 cm above the reference value of trees is compensated.

    Expropriation and requisition city before Nineth and urban planning area of woodland, forest vegetation recovery fees charged according to the prescribed standards twice; forest compensation shall be higher than that of the first paragraph of this article eighth standard, specific measures with that standard multiplied by 2. Tenth article needs to cut trees, by expropriation and requisition of forest land should be in accordance with the law, the tree cutting license, certificate logging.

    Logging of trees in the forest by expropriation and requisition of forest land owners. 11th forest vegetation restoration cost belonging to Government funds, included in the financial management of Fund budget, introduction of earmarking, for use in reforestation and restoration of forest vegetation in the forest departments, year-end balances go next year.

    Specific measures for use by provincial finance, forestry authorities separately.

    Collection of forest vegetation restoration cost, using provincial fiscal authorities the fees payable under the notes.

    12th provincial forestry authorities charge forest vegetation restoration cost, according to the province, city (State, land), counties (cities and districts) forestry authorities, two or six proportion, by the provincial financial Department in accordance with the relevant provisions of budget management allocated to the expropriation and requisition of forest land where financial sector.

    13th forestry authorities and functionaries of abuse of power, ultra vires audit approval, accept, reduce, waive, slow delivery, or conceal, withhold or misappropriate, stood to collect forest vegetation restoration cost as well as negligence, malpractice, and does not constitute a crime, the managers directly responsible and other persons directly responsible shall be given administrative sanctions. 14th article of the rules as of April 1, 2000.