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Timber Transportation In Jiangxi Province Supervision And Administration

Original Language Title: 江西省木材运输监督管理办法

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(Adopted at the 17th ordinary meeting of the People's Government of Southern West Province on 20 April 2004 No. 129 of 28 April 2004 by the People's Government Order No. 129 of 28 April 2004, effective 1 July 2004)

Chapter I General
Article 1 provides for the protection and rationalization of the use of forest resources, the maintenance of the timber circulation order, the strengthening of the regulatory management of timber transport, the promotion of forest eco-building, and the development of this approach in line with the provisions of relevant laws, regulations, such as the People's Republic of China Forest Law, the People's Republic of China Forest Law Enforcement Regulations.
Article 2 refers to all types of trees, bamboes and their semi-continents and bulk products. The specific directory is determined and published by the Ministry's Government's forestry authorities.
Article 3 units and individuals involved in timber transport and its management activities in the administration of the province must be respected.
Any unit and person are prohibited from engaging in timber transport activities in violation of the law.
Article 4
The timber checkpoint, which was approved by the Government of the Provincial People, is responsible for inspecting the transport of timber, identifying relevant documents such as the timber transport certificate (hereinafter referred to as the transport certificate) and the forest plant and phytosanitary certificate, and for the suppression of illegal transport of timber.
Chapter II
Article 5 Transport of timber must be held in possession of transport certificates issued by the Government forestry authorities at the district level. Except as otherwise provided by law, legislation and this approach.
Article 6 shall apply for the processing of the timber transport certificate and shall submit the relevant material in accordance with the following provisions:
(i) Timber produced by timber producers, logging licences for harvesting, forest plant and phytosanitary certificates, forestry awards (hereinafter referred to as a fiduciary certificate), and quantification of raw materials.
(ii) To operate, process wood, license or transport certificates, forest plant and phytosanitary certificates and fee vouchers for forest logging in the course of timber operation, processing licences and acquisitions.
(iii) Non-focused protection of tree species (including the extraction of droves from mountains to nursery gardens), vetting licences for logging, forest plant and phytosanitary certificates and fee vouchers.
(iv) Wildlife and their products, which fall under the national, secondary and provincial focus, are derived from forest plant and phytosanitary and wildlife.
(v) Tourine nurseries have grown from a range of green nutrients, from forest phytosanitary certificates, forest seed production (operational) licences, forest wood quality tests and labels.
(vi) Evidence verified by the forest authorities at the sites.
(vii) The construction of the remaining wood, which is certified by the forest authorities at the location.
(viii) Removal of biomass used by a unit or by a person for self-appropriation, as follows: three cubic metres, original bamboo 300-gange, vetting, sloganing or other effective certificates; and a demonstration of three cubic metres, original bamboo 300-gange, should also be verified by the territorial administrative authorities.
(ix) The sporadic forests protected by all non-focused protections of the rural population from the location's forestry work stations.
(x) The import of timber by means of a test sanitary certificate issued by the NPS.
(xi) The post-appropriation auction, the sale of the wood, voucher and administrative sanctions decisions or legal instruments of the judiciary.
Article 7 In accordance with the provisions of the previous article, a transport certificate was issued at the time; a written notice of the applicant and the reasons for not being issued for the purposes of the former provision.
Article 8 shall deduct the accumulation of non-wood substitutes when transport documents are processed for the calculation of the materials of various bamboo and semi-continents. The specific approach to the calculation of the material is developed and made public by the Provincial Government's forestry authorities.
Article 9 reissued as a result of the need for a change in the transport certificate in exceptional circumstances, the owner shall apply to the licensee prior to the arrival of the wood.
Article 10. Individuals are carrying out or carrying out their bags, and are transported to the self-ustained bamboo, which is 0.2 m, and Mambo 10-gen.
Article 11 provides for a sub-nuclear launch.
In the province, the transport of timber is carried out by the forest authorities of the communes of more than communes, using the Southern West Province timber transport certificate, which has been compiled by the National Forestry authorities of the province; the transport of timber originating from the province, by the provincial authorities of the people's forestry authorities or by the local forest authorities of the communes entrusted by them; and the use of the provincial timber transport certificate, which has been compiled by the State Forestry authorities.
Chapter III Inspection and oversight
Article 12 Transport evidence is effective throughout the period from the point of arrival to the terminal.
The shipment owner shall be transported timber in accordance with the tree species, materials, specifications, quantity, transport modalities, receipt units, terminals, time limits, etc. of the transport certificate.
In road and water transport routes, new transport cards should be carried out after verification by the forest authorities at the location of the transport certificate during the effective period of time owing to the fact that special circumstances cannot reach their destination within the specified period.
Article 13 Transport evidence must be accompanied by the following provisions:
(i) A road vehicle;
(ii) A waterway vessel (ranking);
(iii) A railway pouch, a piece of evidence, a container box.
The transport certificate II and the forest plant and phytosanitary certificate should be archived by the shipment station.
Article 14. When the road is transported through the timber checkpoint, it must be inspected; the personnel of the timber checkpoint should be trained in safety operations and inspected in accordance with the wood transport inspection schedule, without prejudice to the safety and accessibility of roads, routes.
Waterways and rail transport timber should be inspected by the shipment to the location's forestry authorities or the timber checkpoint and the inspectorate shall complete the inspection within two working days from the date of receipt of the report.
Article 15 Government forestry authorities at the district level are able to monitor the transport of timber at vehicle stations, terminals, cargo sites and the forest area roads, and the units and individuals should cooperate actively.
When forest law enforcement officials monitor the transport of timber, they should be offered to produce law enforcement documents issued by the State or the province to perform their oversight duties under the law.
Article 16, when the timber checkpoint has been inspected to the wood, the relevant documents, such as the transport certificate and the forest plant and phytosanitary certificate, should be determined by law. In order to be consistent with the delivery certificate, a chapter on the inspection of the Guétien checkpoint should be added to the transport certificate and immediately released; in one of the following cases, timber transporting the conflict may be temporarily seized:
(i) No transport certificate;
(ii) The use of forged and modified transport documents;
(iii) The procedures for the inspection of timber checkpoints that have not been added to the transport certificate;
(iv) The quantity of timber exceeds the quantity of transport authorized by the transport certificate;
(v) Timber tree species, materials, specifications that are not justified in accordance with the provisions of transport cards;
(vi) The delivery unit, the place of delivery, the manner in which the transport is not in accordance with the provisions of the transport certificate;
(vii) No inspection of forced transport;
(viii) Other provisions are not transported in accordance with national and provincial provisions.
Article 17 Timber checkpoints shall be provisionally seized by the parties by law and shall be submitted to the forest authorities to take decisions in accordance with the law. The time limit shall not exceed 15 days.
Article 18 Timber checkpoints should be kept in good custody, without the use, mediation or destruction, and liability for the destruction of the wood during the suspension period.
In the event of expires, administrative sanctions decisions have been implemented or have laws, regulations and regulations for the lifting of the suspension, the timber checkpoint should immediately give the parties the notice of removal.
Article 19 Timber checkpoint was removed by 30 days from the date of the transfer of the notice of the suspension, the parties did not accept the licensed wood or were unable to find that the parties were still unconfirmed after the issuance of the declaration by law of less than 30 days, with the approval of the principal holder of the Government's forestry authorities at the district level that the timber could be sold in accordance with the law or the auction or that the price of the sale or the auction must be donated.
Article 20 should establish a reporting system, set up a telephone, and provide incentives for the reportingers to report violations of the transport of timber. Specific approaches have been developed by the Ministry's Government's forest authorities.
Article 21, Forestry authorities and timber checkpoints must be inspected by law, civilized inspections, public inspection systems and not harassing the parties when they perform the responsibility for the management of the timber transport.
Chapter IV Corporal punishment
Article 22 states that:
(i) There is a first act for the confiscation of the timber transport in conflict with the law and a fine of up to 30 per cent of the price for the transport of timber in violation;
(ii) A second act, the collection of invalid documents, the confiscation of the wood delivered, a fine of 10 to 50 per cent for the shipment owner and the confiscation of timber prices;
(iii) The third act imposes a fine on the owner of the value of the price of the timber delivered, but shall not exceed $30,000;
(iv) There are four acts for the confiscation of the wood that goes beyond part;
(v) There are five acts for the confiscation of parts of the wood incompatible with them;
(vi) There are six acts which impose a fine on the owner of the value of the price of the wood, but not more than 30,000 dollars;
(vii) There are seven acts of war, which may be fined to the carrier and to the extent that the security management provisions are punishable by law by the public security authorities; and the loss is borne by law.
Article 23 provides for the delivery of non-transportable timber, forfeiture costs for the carrier and for a fine of one to three times the freight charges.
Article 24, after the decision to forfeiture the transport of timber in conflict with the law, the producer considered that it was difficult to perform, and the owner suggested that the price of the wood could be confiscated.
Article 25, in violation of other acts under this scheme, provides for penalties under the law, legislation and regulations.
Administrative penalties under this approach are determined by the authorities of the Government of Forestry at the district level.
Article 27 of the Forestry Administration protects negligence, abuse of authority, provocative fraud, and imposes administrative treatment on the responsible person in accordance with the law, and bears liability in accordance with the law.
The violation of this approach constitutes an offence under article 28 and is criminalized by law.
Chapter V
The following wording of this approach is meaning:
(i) Roads in the forest area refer to the rural roads used by the forestry sector for investment.
(ii) raw materials refer to original wood, original articles, bamboo.
(iii) The owner is the owner of the wood. The transported timber has been delivered and the recipient is the producer; it is not delivered and the shipment owner.
(iv) The wood area is transported by a shipment unit or place where the wood has been removed after the load.
The criteria for the price of the timber price are applied at the average price of the market for the same types of timber; the criteria for the freight of timber are implemented in accordance with the provisions of the provincial price authorities.
Article 31 states are executed in accordance with the relevant provisions of the Länder through the transport of timber in the province's administrative area.
Article 32, which was implemented effective 1 July 2004, was repealed at the same time by the Government of the People's Republic of the Province on 10 February 1998 on the management of timber transport in the Province of the Province (No. 65 of the Order of the People's Government of the Southern Province).