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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(April 20, 2004, Jiangxi provincial people's Government, the 17th Executive meeting on April 28, 2004, Jiangxi provincial people's Government released, 129th come into force on July 1, 2004) Chapter I General provisions article for the protection and rational use of forest resources, maintenance of timber circulation order, strengthening the management of timber transportation oversight, promotion of forestry ecological construction, according to the People's Republic of China forest and the People's Republic of China regulations for the implementation of the forestry law and other relevant provisions of laws and regulations,
    Combined with the facts of the province, these measures are formulated. Second wood in these measures refers to various types of wood, bamboo and semi-finished products and bulk products.
    Specific Directory determined and published by the provincial forestry authorities.
    Article where in the province engaged in timber transport and management activities in the administrative area of units and individuals, must comply with these measures.
    Any unit and individual is prohibited illegal lumber transport activities.
    Fourth forestry authority of the people's Governments above the county level shall be responsible for the supervision and management of timber transportation in their administrative areas.
    Approved by the provincial people's Government setting up wood checkpoints, is responsible for the inspection of timber transport, inspection of timber transport certificate (hereinafter transport permit) and of forest plant quarantine certificate and other relevant documents, stop illegal transport of wood. Chapter II transport document processing article fifth transport timber, must have transport permits issued by the competent forestry authorities above the county level.
    Laws, regulations, and except as otherwise provided in this way.
    Sixth application for certification for timber transport, shall submit relevant materials according to the following provisions: (a) producers of wood wood, wood cutting permits, of forest plant quarantine certificate, forestry fees are paid vouchers (hereinafter referred to as the fees certificate), is a raw material must provide the inspection of measurement list.
    (B) operations, wood processing, timber management, processing license and purchase of material of wood cutting permits or transportation voucher certificate, of forest plant quarantine certificate and fees.
    (C) non-key protected species in the forest (including from digging into the nursery planting trees on the Hill), with wood cutting permits, of forest plant quarantine certificates and fees.
    (D) the State first-and provincial-level key protective wild plants and their products, with wild plants of forest plant quarantine certificates and cards.
    (E) nursery propagation of greening seedlings bred, with forest plant quarantine certificates, tree seed production (operating) permits, forest tree seed testing and labeling.
    (F) the old House by the local forestry authorities verified proofs.
    (G) infrastructure remaining wood by local forestry authorities verified proofs.
    (H) the units or individuals to move their own wood bamboo product, equivalent to 3 logs of up to 300 cubic metres, the former bamboo root, with moving certificates, migration or other valid certificates; equivalent to log 3 cubic meters, more than 300 pieces of original bamboo, should also be verified by the local forestry administration departments to prove.
    (I) rural residential plots and houses all non-focusing on sporadic forest protection and forestry station, where proof of that.
    (J) the imports of timber, the inspection certificate issued by the entry-exit inspection and quarantine authorities.
    (11) the auction or sale of confiscated timber in accordance with law, fees on forest plant quarantine certificate, voucher and written decision of administrative penalty or judicial organs of legal instruments. Seventh forestry authority of the people's Governments above the county level shall examine documentation submitted by the applicant.
    To comply with the provisions of the preceding article, transport permits issued on the spot; do not meet the provisions of the preceding article shall not be issued, by notice in writing to the applicant and informed reason. Article eighth transport permits calculation of a variety of wood and bamboo products, semi-finished goods volume, volume of non-wood substitutes shall be deducted.
    Volume conversion and the specific measures formulated by the provincial forestry authorities and made public.
    Nineth due to special circumstances need change transport permits, the owner shall, before shipment of wood apply to the issuing authority, after verification a redraw.
    Article tenth individual to carry or LTL, parcel shipping, equivalent to bamboo 10 logs 0.2 cubic meters, following their own wood and bamboo products, exemption from certification for transport.
    11th transport permits issued by grading.
    Province within transport wood of, by shipment to of County above Government forestry competent sector issued, using Province Government forestry competent sector unified printed of Jiangxi province wood transport card; transport wood out province of, by Province Government forestry competent sector or its delegate of set district city government forestry competent sector issued, using state forestry competent sector unified printed of out province wood transport card.
    Chapter III inspection and supervision article 12th transport certificate from the wood point to the end point of departure within the time stipulated in the one-way full force.
    Contained in the owner of the goods shall be in accordance with the transport permit tree species, wood species, size, quantity, mode of transport, receiving the goods, starting and ending location, duration, transporting wood.
    In highway and waterway transportation, due to exceptional circumstances not within the time stipulated in the reach their destination, shall during the term of transport permits by the local forestry authorities on the way of verification for new transport permits.
    13th transport permits must walk with the goods in accordance with the following provisions: (a) the road a vehicle permit; (b) waterway boats (row) certificates; (c) railway rolling stock certificates, less-than-truckload a certificate, a box of a container document.
    Rail transport permits second and forest plant quarantine certificate waybill by the carrier should be archived for future reference.
    14th transport timber through the timber checkpoints must be checked; wood checkpoint staff should be qualified through safety training, and in accordance with the timber transport inspection procedures for inspection and does not impede the safe and smooth transport of roads, waterways.
    Waterway and rail transport of wood, before the owner of the goods shall be shipped to the local forestry department or timber checkpoint inspection, acceptance inspection of forestry authorities or timber inspection stations shall, upon receiving the completed within 2 business days from the date of inspection and quarantine checks.
    15th people's Governments above the county level forestry authorities into carrying timber station, dock, yard, as well as supervise and inspect the forest roads for timber transport, the relevant units and individuals shall cooperate actively.
    When the forestry law enforcement personnel to supervise the transport of wood, should take the initiative to produce certificates issued by city, State or province, perform his duties of supervision and inspection. 16th section timber checkpoints check passing wood, it shall examine the transport certificate or plant quarantine certificate and other relevant documents. On goods card match of, should in transport card Shang stamped wood checkpoints inspection chapter, and immediately release; on has following case one of of, can temporarily buckle illegal transport of wood: (a) no transport card of; (ii) using forged, and altered of transport card of; (three) transport card not stamped after of wood checkpoints inspection chapter of; (four) wood number beyond transport card by approved of transport number of; (five) wood species, and material species, and specifications and transport card provides of inconsistent and no due reason of; (six) shipping units, and shipping locations, and
    Modes of transport and transport requirement is not without good reason, and (VII) refusing to accept checks forced transport; (VIII) other not complying with the relevant provisions of national and provincial transport. Article 17th timber checkpoints by law withhold timber shall be issued to individuals withholding documents, and to report to the forestry authorities make a decision according to law.
    Suspension period not later than 15th.
    18th timber checkpoints to legally withhold the wood should be kept properly, shall not use, replacement or damage, and damage to wood during the suspension period shall bear the liability for damages.
    Temporarily expired, administrative punishment decision has been executed or lift the suspension provided for in laws and regulations, wood posts should immediately lift the suspension notice issued by the parties.
    19th timber checkpoints lifted 30th after the day of service of notice of suspension, the party does not claim to be temporarily suspended wood, or cannot be found by the parties according to law after the 30th announcement, unclaimed, approved by the people's Governments above the county level forestry authorities in charge, the wood can be legally sold or auctioned, sold or auctioned after the purchase price must be paid financial. Article 20th forestry authorities should establish a reporting system set up telephone hotlines and confidentiality for whistleblowers, to give awards to workers to report illegal transport of wood.
    Specific measures shall be formulated by the provincial forestry authorities.
    Article 21st forestry authorities and timber checkpoints in timber transport performed supervisory and administrative duties required by law to check and civilized check system of public inspection shall not make things difficult for the parties. Fourth chapter penalty is 22nd article has this approach 16th article by column behavior one of of, by following provides law for punishment: (a) has first items behavior of, confiscated illegal transport of wood, on owner can and at illegal transport wood price 30% following of fine; (ii) has second items behavior of, collection invalid documents, confiscated by shipped wood, on owner and at confiscated wood price 10% to 50% of fine; (three) has third items behavior of, on owner sentenced by shipped wood price equivalent of fine,
    But highest shall not over 30,000 yuan; (four) has fourth items behavior of, confiscated beyond part of wood; (five) has fifth items behavior of, confiscated its not match part of wood; (six) has sixth items behavior of, on owner sentenced by shipped wood price equivalent of fine, but highest shall not over 30,000 yuan; (seven) has seventh items behavior of, give warning, can on carrier and at 2000 Yuan following of fine; violation security management provides of, by police organ law punishment; caused loss of, law bear compensation responsibility.
    Article 23rd carriage of timber without transport permits, confiscated the freight to the carrier, and subject to a shipping 1 time to 3 times.
    Article 24th after the decision to confiscate the illegal transport of wood, the owner considers that there are difficulties, moved by the owner, be forfeited and the wood equivalent in price.
    25th other acts in violation of these rules, laws and regulations on penalties from its provisions. 26th article of the rules of administrative punishment by the people's Governments above the county level forestry departments decision.

    27th forestry administrative dereliction of duty, abuse of authority or engages in law enforcement officials, those responsible shall be given administrative sanctions; losses caused to a party shall bear liability.
    28th article violates this Act constitute a crime, criminal responsibility shall be investigated according to law.
    The fifth chapter by-laws 29th the following terms shall have the meanings herein: (a) forest roads, refers to the forestry sector to invest in the construction of rural roads for use by skidding.
    (B) the original material, refers to wood, original, original bamboo. (C) the owner is the owner of timber.
    Transportation of wood has been delivered, receiver for the owner; is not delivered, the shipper for the owner.
    (D) the wood origin, refers to the timber scaling leave after completion of the loading of the shipment or delivery location.
    30th timber price standard, according to the market average price of wood; wood freight standards, in accordance with the provisions of the provincial Department in charge of price.
    31st after administrative region of this province of timber transportation in the provinces, according to the relevant provisions in the province for the dispatch.
                                              32nd article this way come into force on July 1, 2004, February 10, 1998 issued by the provincial people's Government, the management of timber transportation in Jiangxi province (Jiangxi provincial people's Government, the 65th) repealed simultaneously.