Ningxia Hui Autonomous Region, Forest Management Practices

Original Language Title: 宁夏回族自治区林地管理办法

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(May 23, 2005 the people's Government of Ningxia Hui autonomous region at the 58th Executive meeting on June 17, 2005, the people's Government of Ningxia Hui autonomous region, the 78th announced as of August 1, 2005) Chapter I General provisions article in order to strengthen the protection and management of forest and improving the ecological environment, promoting the development of forestry, in accordance with the People's Republic of China Forestry Act (hereinafter referred to as the Forestry Act), the People's Republic of China land management law, the
    People's Republic of China regulations for the implementation of the forestry law (hereinafter referred to as the regulation on the implementation of the forestry law) and other provisions of laws and regulations, combined with this practice, these measures are formulated.
    Article forest in these measures refers to land used for forestry, including canopy 0.2 per cent of the trees and scrubland, open woodland, not into forest land, deforested land, burned, nursery and the forests of the people's Governments above the county-level planning.
    Article in this autonomous region within the administrative area of forest land protection, management and development, activities, application of this approach.
    Management of urban green space, according to the State and the autonomous communities on the management of urban green space laws, rules, and regulations shall apply.
    Fourth forestry administrative departments of the people's Governments above the county level shall be responsible for the forest land within the administrative area of planning, construction and protection and utilization.
    Land and natural resources, agriculture and animal husbandry, farming, construction, water conservancy, public security, traffic, environmental protection and other sectors within the scope of their respective duties in cooperative forestry administrative departments good management of woodlands.
    Fifth it is forbidden to use and destruction of forest lands, acts of embezzlement, destruction of forest land should be investigated in a timely manner, and protects and rewards the reporting of active personnel.
    Sixth Department of forestry administration supervision system should be established through verification of forest management and the related material and inspection ways, in discharging its oversight responsibilities.
    Seventh article Department of forestry administration staff conducting supervision and inspection, shall be without prejudice to the woodland operator's normal business activities shall not solicit or accept a property shall not seek other benefits.
    Chapter II eighth people's Governments above the county level in accordance with the law for the registration administration of forest land forest land, forest tree of the initial registration or change of registration, issued by the national model forest warrants, confirming ownership or right. Is woodland, forest ownership forest warrants as legal evidence.
    Woodland, the legitimate rights and interests of forest owners and users, and are protected by law, and no units or individuals may infringe upon it. Nineth application for initial registration or change of forest land ownership registration, the following documents shall be submitted: (a) forest application form for registration, (ii) personal identification, qualification of legal persons or other organizations.
    Application of principal-agent and agent shall be submitted valid proof of identity and set forth the matters entrusted and the power of Attorney for delegating permissions; (c) forest land contract, assignment, contract and Government transfer forest land documents can prove to the woodland or forest ownership or the right to proof.
    Article tenth primary registration of forest land ownership of forest land, subject to the following conditions: (a) obtaining the documentation of forest land or forest ownership or the right to complete, legitimate, (ii) woodland location, four related to boundary and area chart is accurate, four to the range and field line; (c) boundary markers or signs clear of objects and (iv) no dispute over the ownership of forest land. 11th forestry administrative departments should bid for the forest of e basis, conditions, procedures, deadlines, and need all the materials submitted directories and applications for public notice in a prominent position of the model in taking place.
    Complex, you can print notes for applicants, provided free of charge to the applicants.
    12th article forestry administrative competent sector accepted applicants application Shi, should seriously review, found application material exists can spot corrections of errors of, should allows application people spot corrections; found application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted. 13th forestry administrative departments to present measures article tenth of the conditions of application shall be announced in Woodland sites, notice period 30th.
    During the notice period, interested parties raised objections, shall verify and inform interested parties will handle the results. 14th forestry administrative departments to meet the conditions of forest land ownership registration application, should be reported to people's Governments approval issued forest warrants.
    For registration, shall make a decision within 7th day of inform the applicant in writing and state the reasons. 15th change of forest land ownership, the parties should be the original issuing institution belongs to the forestry administrative departments submit a registration application.
    Forestry administrative departments shall from the date of receipt of the application in the 15th, in accordance with the tenth, 12th and 14th of these measures apply. 16th section land use permit other land into forest land, should go through the forest of e.
    After a forest of e, land use permit back to the land management verification.
    17th ownership or use right disputes shall, according to the forestry law and related laws, rules and regulations shall be dealt with.
    Forest land ownership disputes resolved, no party shall cut down the disputed trees in the woodland, destroying disputed forest land and its attachments.
    18th woodland is imposed by law, expropriation, occupation or other causes of forest loss and forest holders of warrants should be to the original registration organ to handle registration and return Lin e, registration authority to cancel the registration or by the original forest land, forest recovery warrants.
    Article 19th forestry administrative departments of the people's Governments above the county level should establish ownership of forest land management files, and equipped with the necessary facilities (and) staff management.
    Chapter III of woodland protection and utilization of 20th forestry administrative departments of the people's Governments above the county level should be based on the long-term planning of forest Division and forestry, preparation of woodland protection and utilization planning within their respective administrative areas, reported to people's Governments at the same level for approval before implementation.
    Woodland protection and utilization planning should be dovetailed with the overall land-use planning.
    Urban planning area of woodland protection and utilization planning, should also be in line with the overall urban planning.
    21st people's Governments above the county level forestry administrative departments in the preparation of forest protection and utilization planning, about the need to protect forest land, emphasis should be designated forest reserves and protected. 22nd forest landowners and users, should ensure the implementation of woodland protection and utilization planning, prevention of forest land degradation and soil erosion.
    Woodland wildlife and plant resources, and the natural landscape, as well as for the forest service's engineering facilities, signs shall be protected.
    23rd prohibits the destruction of forest land has been reclaimed, it shall be returning farmland to forest.
    Forestry administrative departments on cropland to woodland, according to the inspection, do not meet the criteria of afforestation, deadline should be replanted.
    24th prohibits the implementation in the forest soil, digging ponds, built graves, dumping of wastes or other acts of destroying forest land. 25th approved the temporary use of forest land units and individuals, should take effective measures to protect the forest, causing landslides, collapse of forest land and soil erosion.
    Use expires, should land reclamation in accordance with the relevant provisions of standards for the use of forest land for reclamation and afforestation. Article 26th management and use of forest land units and individuals, without changing the uses of forest land.
    Really necessary to change, people's Governments above the county level shall be subject to approval by the Administrative Department of forestry.
    27th use rights of forest lands in accordance with the relevant provisions of the forest Act, by way of contracting, subcontracting, joint ventures, joint-stock management of woodland, private woodland and cooperation in forestry, can also transfer of barren hills, unreclaimed lands suitable for forest use.
    Transformation of forest management, the transfer of use rights of forest lands, they shall sign the contract and shall not change ownership and change of forest land use.
    28th using the woodlands, scenic parks and forests, according to the State Council promulgated the interim regulations on the administration of scenic and the Department of forestry has developed the implementation provisions of the forest park management practices. Strict control in scenic spots, forest parks and other woodland expansion, construction of the man-made landscape and other building facilities.
    Is really necessary to build, should be original and non-forests. 29th to encourage units and individuals using land suitable for tree planting.
    Where the use of land suitable for tree planting trees, in addition to implementing national and interested parties of the provisions of the autonomous region, Department of forestry administration in surveying, design, technology and seedlings to give support or reward.
    The fourth chapter forest land expropriation and requisition and occupation article 30th is forbidden to abuse accounts for forest, strict control of all types of construction projects using woodlands to ensure that does not reduce the total forest area. 31st really necessary requisition, expropriation or occupation of forest land shall be in accordance with the approval authority, the Department of forestry administration for examination and approval, in accordance with the standards prescribed by the State forest vegetation restoration cost in advance, consent to receive the use of forest land. Land use consent to forest land according to construction land use approval procedures.
    Without examination and approval by the Administrative Department of forestry, land management departments shall not accept an application for construction land.
    32nd article application levy, and expropriation or occupied woodland, or need temporary occupied woodland of units and personal, should to woodland location County above Government forestry administrative competent sector submitted following material: (a) levy, and expropriation or occupied woodland applications and the units or personal identity proved; (ii) project approved file; (three) was levy, and expropriation or occupied woodland of forest warrants book; (four) paid about compensation costs of agreement. Exploration and mining of minerals and various construction projects require or forestland, design units should also be submitted to the qualified projects made use woodlands feasibility report.

    33rd in nature reserves, forest parks and State-owned tree farm, growth and reproduction of rare animals and plants as well as protection forest, forest, forest seed orchards, forestry research and teaching areas of forest land shall not requisition, expropriation or occupation; really necessary requisition, expropriation or occupation, must be with the consent of the original agreement with the establishment of the forest Department.
    Article 34th rural, urban residents to use forest land to build housing, shall be approved by the County forestry administration authorities or commissioned by the Township Forestry Department approval and approval formalities according to law.
    35th unit needs harvesting has approved requisition, expropriation and occupation of forest land when the trees on, shall handle the tree cutting license. Article 36th temporary occupation of woodlands and forestry administrative departments of the people's Governments above the county level shall be subject to examination and approval.
    Occupation of forest land shall not exceed a period of two years, and are not allowed on temporary occupation of forest land to build permanent structures and placed with characters of the corrosion, pollution items. 37th expropriation and requisitioning or occupying forest land units and individuals shall be in accordance with the criteria set forth in national and State withholding forest vegetation recovery, and recruited, and occupation of forest land units and individuals to pay compensation of forest land, forest and ground fixtures compensation and resettlement.
    Temporary occupation of forest land or land reclamation shall, in accordance with the relevant provisions of the forest land used for reclamation or pay a fee for reclamation.
    Article 38th of forest vegetation recovery payments earmarked by the forestry administrative departments of the people's Governments above the county level for use in reforestation, restoration of forest vegetation, including planning and design, site preparation, planting, tending, forest fire, pest control, maintenance expenditure of resources, not flat, hold back or diverted to any other use.
    Chapter fifth penalty set forth in the 39th disobey 15th, altering forest land ownership, forestry administrative departments of the people's Governments above the county level shall give a warning and ordered a replacement register the change.
    40th in violation of provisions of this article 22nd, moving or destroying without authorization for production services and facilities of the forestry, ordered by the Administrative Department of the people's Governments above the county level forestry restoration; fails to restore the status quo ante, on behalf of the competent administrative Department of the people's Governments above the county level forestry recovery, the cost borne by the offender.
    41st article violation this approach 23rd article first paragraph, and 24th article provides, unauthorized implementation destroyed forest reclamation, and mining, and dug Tang, and pollution, damage woodland behavior caused forest, and forest destroyed of, by forestry administrative competent sector ordered stop violations, replant destroyed forest strains number 1 time times above three times times following of trees, can at destroyed forest value 1 time times above five times times following of fine, and law compensation by caused of other loss.
    42nd article violates this approach set forth in 26th, 36th, arbitrarily change fails to return the use or temporary occupation of forest land forest land, ordered by the Administrative Department of the people's Governments above the county level forestry rehabilitation or period return, and 43rd in accordance with the regulations for the implementation of the forestry law stipulates that illegal change of use forest land or temporary occupation of forest land fines of 10 Yuan to 30 yuan per square meter.
    Article 43rd on the specific administrative act undertaken by the forestry administrative departments, people's Court may apply for administrative reconsideration or bring an administrative action.
    44th article Department of forestry administration staff in violation of these regulations article 11th, 12th, 13th, 14th article, should carry out publicity and failing to perform the duty of disclosure, by the superior administrative departments or the supervisory organs shall be ordered to correct, if the circumstances are serious, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    45th forestry administrative departments and other departments concerned neglects his duty, favoritism and abuse of power, by their work units or higher administrative authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles article 46th these measures shall take effect on August 1, 2005.
                                                        1993 issued by the autonomous regional people's Government of the Ningxia Hui autonomous region, forest management practices be abrogated.

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