Fushun City Forest And Forest Protection Measures For Rights Management

Original Language Title: 抚顺市林权管理和林地保护办法

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(August 6, 2006, Fushun city people's Government, the 35th Executive meeting on August 16, 2006, Fushun municipal people's Government announced the 121th come into force on October 1, 2006) Chapter I General provisions article to enhance the right of forest management and forest protection, rational exploitation of forest resources, maintenance of forests, trees and forest land owners and users of the legitimate rights and interests, in accordance with the People's Republic of China Forestry Act and other laws and regulations, combined with the city's actual, these measures are formulated.
    Article working in the administrative area of the forest management, forest protection and development and utilization of forest resources units and individuals shall comply with these measures.
    Article forest mentioned in these measures refers to forests, trees and forest land ownership or right.
    Woodland in these measures, including the canopy above 0.2 trees forest, shrub, sparse woodland, deforested, burned, not into forest land, plant nurseries and forests of the people's Governments above the county-level planning.
    IV right to people's Governments at various levels shall strengthen forest management and forest protection, development of forest land-use planning, implementation of the responsibility system of forest management and forest protection goal. Fifth of municipal and County (area) of forestry administrative departments in charge of forest management and forest protection within their respective administrative areas. Its main duties is: (a) publicity, and implement, and implementation national about forest management and woodland protection of legal, and regulations, and regulations and policy; (ii) developed woodland protection and utilization planning, supervision check woodland protection, and management and using situation; (three) is responsible for forest, and forest, and woodland ownership registration, and change and cancellation; (four) law handle expropriation, and occupied woodland audit and temporary occupied woodland approval procedures; (five) is responsible for investigation illegal occupation, and damage woodland and illegal using woodland of administrative case,
    Stop the destruction of forest offences; (vi) forests, trees and forest land ownership dispute law mediation. Forests, trees and forest land ownership register chapter II article sixth forest, trees and forest land registration and certification system. Forestry property registration including the initial, modification and cancellation of registration. On forest, and forest and woodland of ownership and right, according to following provides registration sent card: (a) using national all of across County Administrative of forest, and forest and woodland, by forest right people to city forestry administrative competent sector proposed registration application, by city government registration register, issued certificate, confirmed ownership; (ii) using preceding paragraph yiwai of national all of forest, and forest and woodland, by forest right people to County forestry administrative competent sector proposed registration application, by County Government registration register, issued certificate, confirmed ownership
    And (iii) the collective ownership of forests, trees and woodlands as well as units and individuals all trees, the Department of forestry property rights to the County forestry administration made an application for registration, by county governments register and issue certificates to confirm ownership.
    Legally registered as forests, trees and forest land ownership, the right to protection by law, and no units or individuals may infringe upon it.
    Seventh forest registered by forestry property rights apply to the forestry property registration authority.
    Forestry property rights for individuals, by himself or his or her legal representative or authorized agent registration application proposes; forestry property right holder is a legal person or other organization, by their legal representative, the owner or authorized agent registration application proposes. Eighth article forest right people application forest registration should submitted following material: (a) forest registration application table; (ii) personal identity proved, and corporate or other organization of qualification proved, and statutory agent of ID ming, and statutory representative people or head of ID ming, and delegate agent of identity proved and Attorney; (three) has legal effectiveness of cooperation afforestation agreement or forest transfer contract, and levels Government made of forest dispute processing decided, and levels Court made of forest right disputes judgement, and
    Legitimate inheritance formalities and other forests, trees and forest land ownership documents; (d) the laws, regulations and other relevant documents.
    Nineth forestry property right person submitting application materials comply with the provisions of this approach, forestry property registration authority shall be admissible; application materials are not subject to this regulation, forestry property registration authority shall give reasons for inadmissibility; need additional application materials, forestry property registration office should be informed at once.
    Tenth Article forest registration organ should on accepted of application material for review and field audit, review and field audit content including: (a) forest, and forest and woodland location, and four to boundaries, and forest species, and species, and area or strains number accurate; (ii) forest proved material legal effective; (three) no ownership dispute; (four) drawings in the marked of boundaries, and obviously features logo and field match. 11th, upon examination and field audits in conformity with the provisions for registration, forestry property registration authority shall review, field audit results shall be announced, where forests, trees and forest land, notice period is 30 days.
    The notice period, challenging the relevant entities or individuals, reviewed by forestry property registration authority.
    Field audit review and does not meet the requirements of registration applications, forestry property registration authority registration and notify the reason for registration.
    Forestry property registration authority shall within 2 months from the date of receipt of application materials to grant registration or registration decisions.
    12th of municipal and County (area) of forestry administrative departments shall be registered to the public forest program on-site audit results and review, and accept the supervision of forestry property rights and community.
    13th right to utilize forests, trees and forest land ownership, change, shall be registered to the original forest organs in accordance with the registration formalities.
    14th under any of the following circumstances, forest rights shall be registered to the original forest authorities for the cancellation of registration: (a) the forests, trees and forest land was requisitioned, occupied; (b) is adjusted according to law for non-forestry uses of forest land and (iii) other law to be written off.
    Cancellation of registration, registered by the forest authorities recover the forest warrants, and archived for future reference.
    15th Lin e fill in error or loss, damage, forestry property right holder shall apply to the forestry property registration authority correction or replacement.
    16th forestry property registration authority shall establish a forest register files, and allows the public to query.
    Forests, trees and forest land ownership disputes article 17th, Liaoning province, in accordance with the implementation of People's Republic of China forestry measures on relevant regulations.
    Chapter forest land protection 18th of municipal and County (area) of forestry administrative departments shall, in accordance with the local land use planning and forestry development in the long-term planning of woodland protection and utilization planning and implementation reported to people's Governments at the same level for approval. Article 19th units and individuals shall enjoy the woodland, may destroy the forest and change its purpose.
    Really necessary change of forest use shall be agreed by the forestry administration departments at or above the county level, according to relevant procedures. State shall protect the lawful rights and interests of forests, trees and forest managers.
    No unit or individual may appropriate operator according to law all the forest and use of forest land.
    Article 20th woodland of the following is strictly prohibited: (a) arm to take in the woodland litter and humus, (ii) opened up wasteland for cultivation in the forest, (iii) in the city and county governments approved funeral forest, ash woodland burial graves outside of the forest.
    Prohibition of unauthorized mining, quarrying, in woodland soil.
    21st in the commercial forest land within the forest of Chinese herbal medicines and edible wild herbs plantations, forests below the slope of 25 degrees to the ground-breaking beds, and take the appropriate measures. Of forest in forest woodland plantation may not be ground-breaking.
    Special protection under the public forest land shall not be engaged in forest plantations.
    Fourth chapter occupied forest land requisition, 22nd exploration, mining and the construction works shall not be accounted for or less forest land must expropriate or occupy forest land shall be in accordance with the laws and regulations of examination and approval rights and procedures of escalation examination and approval.
    Article 23rd requisition and occupation of forest land unit shall apply to the County Administrative Department in charge of forestry lands, and provide related material.
    24th approved requisition and occupation of forest land unit shall pay the premium to the woodland, forest owners in accordance with the relevant provisions of woodland, forest compensation and resettlement, advances to the forestry administrative departments of forest vegetation restoration cost.
    25th requisition and occupation of forest land unit need to cut already approved requisition and occupation of forest land on the forest, shall be filed with the city and County (area) of forestry tree cutting license applications made by the Administrative Department.
    Cutting and tree to tree owners, requisition and occupation of forest land and pay cut.
    Article 26th temporary occupation in addition to forest and woodland other than special-use forests more than 2 ha in size of up to 10 hectares, approved by the Department of forestry administration; a temporary occupation in addition to shelter forest and special-use forest area under 2 ha of forest land other than the following, approved by the Administrative Department of forestry.
    Temporary occupation of forest land shall be paid in accordance with the relevant provisions of forest land, the compensation fee of forest and forest vegetation restoration cost.
    Temporary occupation of forest land not more than 2 years, and are not allowed on temporary occupation of forest land to build permanent structures and vegetation restoration in place to hinder growth and substance; occupied after the expiry of temporary occupation of forest land have to restore forestry production conditions.
    27th no unit or individual may relief requisition and occupation of forest land costs.
    Fifth chapter legal liability 28th violates the first provision of the first paragraph of this article 20th, by the competent administrative authority shall order to stop the illegal practice of forestry and destroying forest area 1 Yuan to 10 yuan per sq m in fines. Violate the provisions of paragraph one of this article 20th second, the Department of Forestry Administration ordered to make restitution, and illegal use of forest area per square metre of 1 Yuan to 10 Yuan in fines. Destroyed forest, ordered to pay damages, planted to destroy trees plant 1 time to 3 times the number of trees can damage fine 1 time to 5 times the value of trees.

    Violation of paragraph one of this article 20th second and third paragraph, the Department of Forestry Administration ordered to make restitution, and illegal use of forest area per square metre of 10 Yuan to 30 yuan fines; destroyed trees in serious cases, constitute a crime, criminal liability shall be investigated for their.
    Article 29th disobey article 21st, forest, trees are damaged, compensation according to law, the Department of forestry administration shall be ordered to desist from the illegal act, planted to destroy trees plant 1 time to 3 times the number of trees.
    Article 30th forestry administrative departments and relevant departments of personnel who abuse their powers, neglect their duties, engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                    Sixth chapter supplementary articles article 31st these measures shall take effect on October 1, 2006.

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