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Provisions Of Shanghai Municipal Forest Management

Original Language Title: 上海市森林管理规定

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Forest management provisions in the sea

(The 56th ordinary meeting of the Government of the Shanghai City, held on 14 September 2009, considered the adoption of Decree No. 17 of 21 September 2009 by the Government of the Shanghai City, which came into force on 1 November 2009)

Chapter I General

Article 1

To enhance forest management and improve the ecological environment, this provision has been developed in the light of the laws, regulations, such as the People's Republic of China Forest Act, the People's Republic of China Forest Law Enforcement Regulations.

Article 2

This provision applies to forest, forest wood, forestland construction, protection and related management activities within the city's administration.

Article 3 (Management)

The forest administration authorities of the Shanghai City (hereinafter referred to as the municipal forestry authorities) are responsible for the construction, protection and supervision of forest, forested, forested land within the city's administration.

The sectors of forest management (hereinafter referred to as zones, district forest authorities) are responsible for the construction, protection and monitoring of forest areas within the Territory, and are governed by the municipal forestry authorities.

Urban, district, town and town forestry sites (PAS) contribute to the development, protection and related management of forest, forested wood, forested land, and zonal forest authorities.

The relevant administrative services in the city are in line with their respective responsibilities.

Article IV

The forest eco-efficiency compensation system is established in this city. The municipal and district, district financial administration sector should include forest eco-efficiency compensation funds in the range of financial transfers.

The use and management of forest eco-efficiency compensation funds are provided by the municipal development reform administration, together with the relevant administrations, such as the city's finance, forestry and agriculture, to report on implementation by the municipal government.

Article 5

The municipal and district financial administration sectors should incorporate public good forest construction and conservation, forestry insurance, forest fire prevention, harmful biological control into the same fiscal budget.

Article 6

The city encourages forestry scientific research, protects plant diversity, selects and introduces forests adapted to the natural conditions of the city, and promotes advanced forest technologies.

Chapter II Planning and construction

Article 7 (Planning and planning)

The municipal forestry authorities should prepare municipal forestry development planning in accordance with the state of economic and social development of the city, in conjunction with the administrations such as urban development reform, planning of land resources. Urban forestry development planning should clarify the direction, objectives, planning principles, functional positioning and industrial development.

Districts, zonal forestry authorities should be implemented with the approval of the zones and the zones, in line with municipal forestry development planning. Sectors, zonal forestry development plans should identify the development goals of the Territory's forestry development goals, identify functional subsectors and requirements for the establishment of forestry infrastructure such as forest fire prevention, harmful biological control, etc., and identify elements such as the medium-term construction plan and classification management measures.

Article 8

The municipal and district- and district-planning territorial resource management sector should delineate the public good forest control line with municipal forestry development planning.

The public good forest control line shall not be adjusted arbitrarily. The views of the municipal forestry authorities should be sought due to the need for adaptation in planning and building.

Adjustments to the public good forest control line shall not reduce the total number of public goods. New public good forest planning sites should be implemented as a result of the adjustment of the public good forest control line to reduce the use of public goods.

Article 9

The scope of planning controls for public goods such as coastal protection forests, water content forests, escort forests, coastal forests, pollution-free forests is implemented in accordance with the relevant provisions of the State and the city. Within the framework of public good forest planning, permanent buildings other than forest management and conservation facilities, ambulances and other emergency shelters are prohibited.

Article 10

Protection forests within railways, highway sites are constructed by the railway, road administration sector; protected forests within sea ponds, rivers, etc. are constructed by the water administration sector; and other public works are organized by municipal or district, district forestry authorities.

The construction of public goods should be in line with the technical standards for the construction of public goods in the country and in the city.

The design, construction and treasury of public works should be in line with the technical standards of the State and the city for the design, construction, treasury, and be assumed by units with corresponding qualifications.

Article 11

Commodity forest construction should be in line with regional industrial development planning and relevant technical standards in the country and the city.

The municipal forestry authorities should develop appropriate policy measures with the municipal development reform and financial administrations, establish a financial subsidy system for economic forest production insurance, leading economic forest construction to scale, standardization, industrialization.

Technical guidance and services such as screening, diffusion of applications and planting technology training should be strengthened at the municipal, district, town and town forestry sites.

Chapter III Protection management

Article 12

The responsibility unit for the conservation of public goods is determined in accordance with the following provisions:

(i) Protection forests in the context of railways, highway sites, which are to be conserved by the railway, road administration;

(ii) Safeguarded forests, such as ponds, rivers, are to be conserved by the water administration;

(iii) Crops such as the rural village, the roads, the waterside and the rest of the house, which are to be conserved by the forest owners;

(iv) Other public interest forests, which are responsible for the implementation of conservation units by district, district forestry authorities.

The responsibility for conservation should be preserved in accordance with national and municipal public good forest conservation technical standards.

Without disrupting ecological functions, the Responsible Unit may make use of forestland resources in accordance with the law, develop forest-dependent industries and use forest landscapes for forest tourism.

Article 13 (Commer forest conservation)

Commodity forests are protected by the profiters.

The responsibility for conservation should be conserved in accordance with the national and present market-related technical norms for commodity forest conservation.

Article 14.

Municipal and district, district forestry authorities should prepare forest fire response scenarios and improve forest fire monitoring early warning systems.

The Responsible for Conservation units should implement the corresponding forest fire liability and measures in accordance with emergency disposal scenarios, and identify forest fires should take measures to control fires and report immediately to public safety fire agencies or forest authorities.

Any unit and individual found forest fires should report immediately to the public safety fire agencies or forest authorities.

After reports of forest fires from public safety fire agencies or forest authorities, fires should be organized immediately. The forest authorities should assist the public safety fire firefighting agencies in carrying out fire-saving, investigation, etc.

Article 15

The municipal and district, district forestry authorities should establish a network of hazardous biosanitary monitoring forecasts, the sound biological early warning systems, the strengthening of plant and quarantine, the preparation of emergency scenarios for hazardous biological disasters, and the implementation of hazardous biomass control reserves.

The Responsible Unit has found that it appears to be harmful to the event, and reports should be made promptly to the local, district and forestry authorities. Districts, zonal forestry authorities should promptly investigate the verification that is recognized as a precipitation of harmful biomass, and emergency presupposes should be launched immediately. The responsibilities for conservation should be carried out in accordance with emergency pre-empts to implement harmful biological control measures and to protect harmful biological beings.

Technical guidance and services for hazardous biological control should be strengthened at the municipal, district, town and town forestry sites (the Agency) and responsible for organizing the implementation of hazardous biological control.

Article 16

For the first time, forests, graces and other breeding materials have been introduced from abroad, triggering units or individuals should conduct risk assessments in accordance with the provisions of national forest authorities prior to the introduction.

Article 17

In the forest and forest areas, the following acts are prohibited:

(i) Removal and logging;

(ii) Absorption of foams, foams;

(iii) Deforestation;

(iv) unauthorized or temporary use of forested land;

(v) Other damage to forests, forests and their facilities.

Article 18

In addition to the economic forests planted by farmers on contracted land, as well as the sporadic forests planted in the pre-households of farmers, the relocation of forests should be allowed for the relocation of forest wood.

The relocation of public interest forests should be submitted to the municipal forestry authorities; the relocation of other commodity forests other than economic forests planted by farmers in contracted areas should be submitted to district, district forestry authorities.

The relocation of forests other than coastal protection forests and protective forests in the water-related areas is authorized by the railways, the water administrations, in accordance with the provisions, and will be informed by the municipal forestry authorities in writing of the granting of forest fires.

The forest authorities and the administrations, such as railways, water services, should be subject to review decisions within 10 working days of the date of receipt of the application; the reasons should be given in writing.

Article 19

The following submissions should be submitted to the following:

(i) Materials, quantities, specifications, place and rights of persons to be relocated to forests. Among them, construction projects need to migrate forests and should also be submitted to the relevant landing approval documents; the need for the relocation of forests should also be provided with road trajectory maps, an integrated slogan.

(ii) Forest wood transport programmes and technical measures.

Article 20

In addition to the economic forests that have been planted on the land of the harvested farmers and the sporadic trees planted in the pre-households of the farmers' homes, the city is governed by quotas for forest harvesting, in accordance with the State's relevant forest harvest limits.

Location of protective forests within railways, highway sites should be made available to the urban railways, the road administration sector, and other public goods harvesting or the use of materials forests, which should be submitted to the municipal forestry authorities.

The municipal forestry authorities, as well as the railway, highway administration, should make a decision for review within 20 working days of the date of receipt of the application; and the reasons for non-approval should be given in writing. The municipal forestry authorities, as well as the railway, the road administration sector, shall not be subject to strict approval.

The harvesting of economic forests, the harvesting units or individuals shall communicate the origins, quantity of the harvested wood in writing, and the district forestry authorities by 30 days of harvesting.

Location units or individuals shall not be overtaken in accordance with the number, location, forest species.

Article 21

The following submissions should be submitted to the following:

(i) Location sites, forest species, area and harvesting;

(ii) Authorization of harvested wood;

(iii) Programmes such as updating or revegetation.

Article 2 (Provisional use of forested land licences)

In the event that construction is required for the temporary use of forest land, applications should be made to the forest authorities. Of these, the temporary use of public interest forests should be made available to the municipal forestry authorities; the use of temporary-use wooded land should be submitted to district, district forestry authorities.

The municipal or district or district forest authorities shall be subject to review decisions within 10 working days of the date of receipt of the application; the reasons shall be given in writing.

In the interim use of economic forests, units or individuals should communicate temporary use of specific sites, area of written notification, and district forestry authorities by 30 June.

The temporary use of forest areas is generally not more than two years, and it is true that the duration of use is required for construction and should be approved by the former authorities by 30 days of the use.

The use of land units or individuals shall not be allowed to construct permanent buildings on temporaryly used forests and, after the expiry of their use, the forest area shall be restored.

Article 23

The following materials should be submitted for the temporary use of the forest area:

(i) To complete the provisional application form for forest use, which involves the relocation and harvesting of forests and shall be made available at the request time;

(ii) Accreditation, approval of the project by a legal person of the local unit;

(iii) The rights of the forested land being used;

(iv) Measures such as the forest compensation agreement and the rehabilitation of vegetation, signed by the territorial units with the licensee of the forested area.

Article 24

The municipal forestry authorities should prepare forest land tenures based on the State's requirements for the management of forest land tenure, and be implemented by the municipal government after the approval of the national forestry authorities. The municipal forestry authorities shall approve applications for forest use within the annual targeted indicators.

Article 25

In addition to urban infrastructure construction, other projects must not take possession of public goods. Due to the fact that urban infrastructure is required to take possession of public goods, local units should apply to the municipal forestry authorities and, with the consent of the municipal forestry authorities, the land administration process is governed by the law.

The occupation of public interest forests involves the relocation and harvesting of forests, and the use of land units should be made available to the municipal forestry authorities for application.

The municipal forestry authorities shall make a decision for review within 20 working days from the date of receipt of the application; the reasons for non-approval shall be given in writing.

The territorial units should be installed in the forest area and in the district, where they are approved for the use of public goods. The restoration of forest vegetation should be paid in accordance with the law. Forest revegetation costs should be earmarked.

Due to the fact that construction is required to take over commodity forested areas, the land administration sector should seek the views of the municipal forestry authorities in writing when it conducts clearance procedures.

Article 26

The following materials should be submitted to the territorial units for the use of forested land:

(i) To complete the application form for forest use;

(ii) Accreditation of legal persons using local units;

(iii) Project approval documents;

(iv) Authorization of the forested area;

(v) The feasibility report on the use of forested land for projects undertaken by a qualified design unit;

(vi) The forest compensation agreement with the owner of the occupied forest area.

Article 27

The following matters should be established by the construction unit on the ground to make a presentation to society:

(i) The use of forest land;

(ii) Interim use of forest land;

(iii) Location and relocation of forests.

Article 28

The forest authorities should regularly organize surveys and monitoring of forest resources, establish forest resource files and capture forest resources.

Relevant administrations such as land, agriculture, water, roads, railways should assist the municipalities and district, district forestry authorities in conducting forest resource surveys and provide relevant information and data.

Chapter IV Legal responsibility

Article 29

In violation of article 12, paragraph 2, of the present provision, the responsibility for conservation is not conservable by the standards of national and local public good forest conservation technologies, which are being responsibly corrected by the municipal or district, district forestry authorities; and is fined by over 2,000 dollars.

Article 33 (Contradition of the provisions of the forest relocation)

In violation of article 18, paragraph 1, of the present provision, the relocation of trees without the approval of the relocation is made by the municipal or district, district forestry authorities, and is subject to a fine of up to five times the threshold of the relocation indemnity.

Article 31 (Criminal punishment of notification)

In violation of article 20, paragraph 4, article 22, paragraph 3, provides that the harvesting of economic forests or the temporary use of economic forests shall not be communicated in advance, as prescribed, to the district, district forestry authorities for the period of time to change; that the period of time has not been changed and that the individual has been warned against him and that the unit is fined up to 5,000 dollars.

Article 32 (Contraject to other relevant provisions)

In violation of other provisions of this provision, the municipal or district forestry authorities are governed by the relevant laws, regulations and regulations.

Chapter V

Article 33 (Limation of the terms concerned)

Forests referred to in this provision, including public goods forests and commodity forests.

This provision refers to public goods, including protection forests and special-purpose forests.

The commodities forests referred to in this provision, including economic forests and materials.

Article 34 (Actual date of application)

This provision has been implemented effective 1 November 2009.