Zhejiang Province, Forest Cutting Management

Original Language Title: 浙江省林木采伐管理办法

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(April 30, 2004 175th promulgated by the people's Government of Zhejiang Province as of July 1, 2004) Chapter I General provisions article in order to strengthen the management of forest cutting, effective protection and rational utilization of forest resources, in accordance with the People's Republic of China forest and the People's Republic of China regulations for the implementation of the forestry law and the People's Republic of China wild plant protection regulations and other provisions of laws and regulations, combined with the facts of the province, these measures are formulated.
    Article in within the administrative area of the province engaged in forest (including the young trees, the same below) harvesting, forest activities such as excavation units and individuals, must comply with these measures.
    Otherwise provided by laws and regulations, from its provisions. Third people's Governments at various levels shall strengthen the forest cutting quota management and timber production plan.
    Implementation of responsibility system of forest cutting quota management, Governments at all levels in charge of forest logging quota management responsibility, Chief of forestry administrative departments at the same level for the primary responsibility of forest logging quota management.
    Article fourth of township (town) people's Governments shall establish and improve the township (town) or village forest protection organization, in accordance with the People's Republic of China Forestry Act (hereinafter referred to as the Forestry Act) article 19th of defined forest area of responsibility, establishment of forest protection conventions, staffed with full-time or part-time Ranger Ranger responsibilities, implement. Second chapter logging limit developed and management fifth article forest logging limit each five years prepared once, by following units respectively is responsible for prepared: (a) State-owned forestry enterprise institutions (including State-owned farm, and State-owned large factories, with) of forest and forest by this units is responsible for prepared; (ii) rural collective all and personal all of forest and forest and County, and Xiang Road Highway of watch forest by County (city, and district, with) forestry administrative competent sector is responsible for prepared; (three) railway and country, and province Road Highway of watch forest,
    Urban forests and trees from the Hangzhou railway station, the provincial traffic administrative departments, provincial administrative authorities are responsible for the preparation of the building.
    Units prepared by the departments of forest cutting quota by the provincial forestry administration summary, balance, after examination by the provincial people's Government to the State Council for examination and approval.
    Sixth unit of the forest cutting quota should be in accordance with the "consumption is lower than the growth, strictly control the amount of annual forest cutting" principle, as well as State regulations, establishment of forest cutting quota.
    Preparation of forest cutting quota and required to undertake one or two types of forest resource investigation funds included in the budget at the same level.
    Article seventh County (city, district, the same below) people's Government shall be based on the districts of township (town) amount of forest resources, forest, mature forest stock volume and forest stock volume based on the decomposition order cutting quota targets.
    County Governments can separate a portion cut indicators for forest land requisition and occupation, natural disasters, and to investigate and punish cases of forest loss caused by the forest. Article eighth commercial implementation of production plan management. Where tree cutting, as the sale of goods, must be incorporated in the annual timber production plans.
    But on tending felling of artificial commercial forest, logging and tree diameter at breast height of up to 10 cm, does not include timber production plan.
    Provincial forestry administrative departments in accordance with State issued the annual timber production plan, allocating each of commercial traffic in the County.
    Ban Ultra plans to produce the commercial.
    Chapter cutting management Nineth forest harvesting modes are: cutting, harvesting and transformation of low-yielding forest tending felling, update.
    Final cutting of timber are: optional logging, clear-cutting and Shelterwood cutting.
    Tenth article logging should meet following requirements: (a) tending logging, logging strength not is greater than cutting Qian forest points accumulation of 40%, cutting Hou forest points closed degrees not is less than 0.5; (ii) main cutting in the of optional cutting, logging strength not is greater than cutting Qian forest points accumulation of 40%; (three) are cutting, once logging area should in 5 hectares within; slope in 35 degrees following of forest points, once logging area can expanded to 20 hectares.
    Due to forest fires, pests and diseases and other natural disasters cause damage to forest harvesting does not limit under the preceding paragraph. 11th rural collective economic organizations and individuals to cut trees, should be in accordance with 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) 30th article apply in writing, and submit the relevant documents, signed by the village Committee, after County forestry administration authorities or commissioned by the township (town) people's Government for approval. Subject to approval of the submitted to the next higher administrative Department of forestry, the County forestry administration authorities or commissioned by the township (town) people's Governments shall within 10 working days from the date of receipt of the application, to decide whether the issuance of forest felling licenses.
    But rural residents cutting plots and houses owned by individuals except for scattered trees.
    Rural collective economic organizations and individuals to submit relevant documents should include: the purpose of forest cutting, place, forest type, forest condition, area, volume, mode and updates, and so on.
    12th cutting units and individuals shall cut trees, the County (town) people make cutting planting update protocol.
    Implementation of clear cutting system, harvest units and individuals shall be approved by the cutting license logging area of reforestation. 13th State-owned forestry enterprises and institutions to cut trees, should be according to the Forestry Administration Department of forest cutting quota and wood production planning, organizational and technical personnel for forest harvesting operations design, applied to the forestry administration departments at or above County issuance of forest felling licenses.
    Forestry administrative departments according to the regulations of the rights, procedures and requirements for licensing issuance of forest felling licenses. By rail, transportation, urban construction department management needs to cut more than 10 cubic meters of trees, harvest units should be organized and technical personnel or commissioned by the forestry investigation and design units harvesting design. Forest felling licenses in accordance with the regulations issued by the relevant administrative departments.
    Licensing authority shall harvesting designs and licenses submitted to the forestry administration departments at the same level.
    First to second paragraph of this article other than the State-owned forest harvesting, forest felling licenses issued by the County forestry administration departments at or above the seat.
    14th on the artificial construction of fast-growing and high-yield forest oriented cultivation and plantation, its principal felling age determined by the provincial forestry administrative departments. 15th tree cutting units and individuals should be harvested and immigration.
    Any of the following circumstances shall be suspended logging: (a) did not reach the area or number of forest felling licenses approved, but has reached its authorized stock, (ii) did not achieve the volume of forest felling licenses approved, but has reached its authorized size or number.
    16th section except for the following cases, no harvesting of natural broad-leaved forests: (a) sanitary felling and tending felling, cutting intensity does not exceed 15%; (b) the construction of forest land requisition and occupation, and (iii) building opened fire belt of forest fire prevention and (iv) other circumstances as prescribed by the provincial forestry administration departments.
    Prohibit the use of natural hardwood charcoal.
    Article 17th House nursery and the rural population, and on the reservation all the scattered trees outside, exploiting the forest by forest harvesting in these measures shall apply.
    Transport exploiting the forest, should go through the timber transport permit. 18th according to law to protect wild plant resources.
    Acquisition of national key protected wild plants, according to the People's Republic of China implementation of the regulations on the protection of wild plants. Article 19th protected precious trees.
    In addition to natural disaster damaged or withered to clean, as well as special cases, and banned logging of precious trees.
    Destroyed or have died due to natural disasters need to clean up logging, as well as special situations need to be migrated, logging of precious trees, reviewed by the County Forestry Administration Department, the people's Governments at the same level after the audit, submitted to the provincial Department of forestry administration for approval.
    Precious seeds of trees to create artificial timber forest harvesting regulations.
    20th of ecological public welfare forest in the trees for tending and update needs to be harvested, according to relevant regulations approved by the forestry administration departments at or above the County.
    National special protection forest belt of forest logging by the provincial forestry administration departments for approval.
    Nature reserve of trees harvested according to the relevant State provisions.
    Article 21st prohibited from exploiting trees following forest types or areas: (a) soil gravel content, or likely to result in debris flow zone, (ii) slopes of more than 35 degrees (c) barren soil, excavation of vegetation recovery after class (iv) shrub; (e) forest, special-use forests. 22nd strictly control the transfer of forest harvesting.
    For special case does needed transfer logging of, must meet following conditions: (a) forest logging transfer of area, and forest species, and logging type, and logging way, and logging strength meet legal, and regulations and regulations of provides, and with this approach 11th article provides of related file and track to update measures; (ii) transfer logging of forest accumulation no over local years forest logging limit; (three) has signed forest logging transfer written agreement.
    Transfer of cutting right may not be transferred. Article 23rd transfer of forest harvesting, forest felling licenses by the forest owner to apply for. Transferee is not implemented as wood cutting permit harvested shall bear the corresponding legal responsibility.
    Transfer of forestry administrative departments at the county level should be cutting review compliance with the provisions of this article 22nd.
    To update the licensor is responsible for cutting. Article 24th of forestry administrative departments should strengthen the supervision and inspection of forest cutting.
    To accumulate more than 50 cubic metres of cutting must be carried out in the site supervision and examination. The cutting unit or individual shall, after the 3rd of the forest is located within Township (town) people applied for after the inspection. The township (town) people's Governments shall, from the date of receipt of the application within the 3rd organizational acceptance, filled in by the approval list and test measurement.
    Forest wood shall be affixed to the consumption structure in the District of origin inspection and printing, have been examined and India shall not issue a timber transport permit.
    Rail, transportation, urban construction departments should strengthen the system of forest cutting management, above the County forestry administration departments should strengthen supervision and inspection of forest cutting. The fourth chapter cutting license management

    25th felling licensing unit should improve the tree cutting license management system, establish the tree cutting license issued account and gather on a regular basis.
    Units entrusted with the issuance of forest felling licenses may not delegate. Article 26th forest felling licenses issued to implement a small class (block) a certificate system.
    State-owned and collective forests harvested according to class certification, implementation of a household personal logging permits.
    27th article has following case one of of, shall not issued forest logging license: (a) Shang annual logging Hou not completed update afforestation task of; (ii) shelterbelt, and special uses forest and other forest species of young within for non-tending or non-update nature forest logging of, or logging closing off district within forest of; (three) not by this approach provides submitted related file or submitted of related file not real of; (four) for levy occupied woodland logging, not made using woodland audit agreed book of;
    (E) forest ownership is unclear or whose ownership is in dispute; (f) the annual index index or wood production forest cutting quota scheme has been exhausted; (VII) other circumstances as stipulated by laws, rules and regulations.
    28th forestry administrative departments at all levels shall strengthen the management of forest felling licenses, no tree cutting license or not wood cutting permit tree cutting Act shall be investigated and dealt with according to law, no replacement of forest felling licenses.
    29th forge, alter, buy the tree cutting license is prohibited.
    The fifth chapter legal responsibility of 30th of felling trees unlawfully, in accordance with the regulations for the implementation of the forestry law be dealt with under article 38th.
    For the purpose of illegal possession, without exploiting others of all trees, according to the rules of felling trees unlawfully processed.
    Deforestation of 31st, 39th section, be in accordance with the regulations for the implementation of the forestry law.
    Any of the following circumstances, deforestation process: (a) no tree cutting license or not according to the tree cutting license require excavation of all trees, (ii) violation of these measures article 15th, should be harvested without aborts, (iii) use of forged, altered, purchased the tree cutting license harvesting all the trees.
    Article 32nd by silt than cutting deductions allowable error in the number approved, approved for the tree cutting license allows error number 10%. Exceed the number of forest felling licenses approved logging, but beyond the insufficient number of 10%, should pay the excess charges and offsetting local logging quota of this year or the next year, impose excess wood 1 time times the value of the fines.
    If the penalty exceeds 50000 Yuan, 50000 Yuan fines. 33rd article violates these rules with natural hardwood charcoal, forestry administrative departments shall be ordered to dismantle charcoal kiln, and a fine of 1000 Yuan more than 20000.
    Fails to dismantle the, up to the dismantling of Administrative Department of forestry removal, the cost paid by the person penalized.
    Article 34th of forest felling licenses fraudulently issuing authority shall write off the tree cutting license, for felling trees by cutting without a license, and a fine of less than 500 Yuan more than 1000 Yuan.
    35th article violates these rules, using an invalid timber transport documentation or a timber transport permit excavation of trees for transport, in accordance with the regulations for the implementation of the forestry law provisions in respect of transport permits the transport of timber in the 44th.
    36th article violates these rules, without cutting or destroying national special protection forest belts, coastal protection forest, natural forest, according to the Forestry Act, the Forestry Act implementing regulations relating to the unauthorized harvesting, destruction of forest of penalties, a heavier punishment.
    37th national key protected wild plants in violation of precious trees, regulations, in accordance with the provisions of relevant laws and regulations.
    Relating other administrative penalties stipulated in violation of these regulations, in accordance with the relevant laws and regulations shall apply.
    Article 38th of the specific administrative act undertaken by the forestry administrative departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 39th forest cutting quota execution units more than years of forest cutting quota logging forests, trees, and corresponding reduction therefrom of the forest cutting quota for next year.
    Primary responsibility for first person and who, according to the cadre management authority, by the duly empowered authorities, impose administrative sanctions.
    40th article forestry administrative competent sector has following case one of of, by forestry administrative competent sector or administrative monitored organ on directly responsibility personnel and directly competent personnel give administrative sanctions: (a) over limit issued logging license of; (ii) not by about legal, and regulations, and regulations provides of program issued logging license of; (three) on without approved or violation provides logging forest, replacement forest logging license of; (four) not by this approach provides on forest logging for cutting in the supervision check and cutting Hou acceptance of;
    (E) poor supervision and management, contributing to the deforestation in the administrative area the situation is serious and (f) other acts of negligence, malpractice.
    The preceding paragraph (e), mainly responsible for the sanctions.
    41st in violation of this regulation, serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 42nd this way is the meaning of the following terms: tree saplings: diameter 5 cm and age in young trees, or diameter at breast height 5 cm artificial planting of other species.
    Valuable trees: includes more than by the provincial forestry administrative departments or other sectors with significant historical monumental or scientific value or age of the ancient tree and famous tree States prohibit, restrict the export of precious trees and the trees included in the list of national key protected wild plants. 43rd article of the rules take effect on July 1, 2004.
                                      Office of the Zhejiang Provincial people's Government on the issuance of the notice of the forest cutting management measures in Zhejiang Province (Zhejiang Government [1985]39) repealed simultaneously.