Zhejiang Provincial Forest Management Practices

Original Language Title: 浙江省林地管理办法

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(November 16, 2005, Zhejiang Province people's Government promulgated as of January 1, 2006, No. 204) Chapter I General provisions article to strengthen forest land management and the protection, rational use of woodland, according to the People's Republic of China forestry law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article forest in these measures, including canopy density 0.2 above tree forest and bamboo forest, shrub, sparse woodland, deforested and burned, pest control land, immature forest plantation, nursery and the forests of the people's Governments above the county-level planning. Article forest land owners and users of the legitimate rights and interests protected by law.
    No units or individuals may infringe upon it.
    Fourth forest management practises the forest land register certification systems, forest land use control system.
    People's Governments at all levels must cherish forest, strengthen forest land management and suppression of offences of embezzlement and abuse of forest lands.
    The fifth forestry administration departments at or above the county level shall be responsible for the administrative area of woodland management and supervision.
    Sixth building, development and reform, the people's Governments above the county level land and natural resources, environmental protection, water conservancy, transportation, finance, public security, civil affairs, price and other relevant departments shall be according to their respective functions to assist the competent administrative departments of forestry forest land protection, management and use of the work.
    Chapter II administration of forest land ownership article seventh forest land belongs to the State or collectively-owned, be lawfully assigned for use by units or individuals. Article eighth forest land owners or users (including forest contractor, the same below) shall, in accordance with the People's Republic of China stipulated in the regulations for the implementation of the forestry law to the forestry administration departments at or above the county level shall submit a registration application, the people's Governments above the county level shall register, issue ownership certificate, confirm the ownership or use of woodland.
    Specific registration certification of work undertaken by the forestry administration departments at or above the county level.
    Nineth primary registration of application for forest land ownership, shall submit the following materials: (a) forest management authority in the registration application form, (ii) proof of identity or qualifications of the applicant; (c) forest land ownership documents; (d) the laws, regulations, rules and regulations of the other materials. Article tenth forestry administrative departments in receipt of an application submitted by the applicant within 5 working days from the date of the application for review.
    Application materials submitted by the applicant in accordance with the provisions of article Nineth shall be admissible; not in conformity with the provisions requiring the applicant to provide supplementary material. 11th registration in the forest has been accepted by the Administrative Department shall, within 10 working days from the date of acceptance, in the context of the administrative public newspaper or place designated by the Government shall be published.
    Period of notice for the 30th. During the notice period, units and individuals objected to the registration application, Department of forestry administration its objection should be verified.
    Appeal units or individuals advocating legal and effective forestry administrative departments shall not be registered, registration and inform in writing the applicant reasons.
    12th article that meets the following conditions, the forestry administrative departments shall be registered within 3 months from the date of acceptance of the application: (a) application for registration of woodland location, four to the boundary clear, (ii) complete forest land ownership documents, legally valid and (iii) no dispute over the ownership of forest land and (iv) boundary markers shown in photo, features signs consistent with field.
    Does not meet the conditions prescribed in the preceding paragraph, is not registered by the Administrative Department of forestry, and inform the applicant in writing reasons for registration.
    13th forest land is imposed by law, occupying or due to other causes loss of forest land ownership or the right to change, should be to the initial registration procedures for modification and cancellation of the registration authority.
    Apply for change of registration or cancellation of registration, the following documents shall be submitted: (a) forest management authority in the registration application form, (ii) forest land ownership certificates, (iii) loss of forest land ownership shall be altered or related proof materials.
    Wrong forest warrants, missing registrations or the loss, destruction, shall apply to the registration authority correction or replacement. Chapter forest protection and development and utilization of forestry administration departments at or above the county level shall, in accordance with article 14th national economic and social development planning and ecological environment protection requirements, is responsible for the preparation of the administrative area of woodland protection and utilization planning, development and reform, coordinated by the Administrative Department at the same level after, reported to the people's Government at the same level.
    Woodland protection and utilization planning, without consent of the original organ, shall not be changed. 15th strict forest land use control system. Prohibit the following acts of destroying forest lands: (a) will be changed to non-forest land forest land without permission, (ii) unauthorized in quarrying, mining, and forest floor soils, take sand, building and construction, for his grave and other activities, (iii) unauthorized reclamation forest planted crops.
    Slope of 25 degrees above the mountain have cultivated crops, it shall within returning farmland to forest.
    Need to change the nature and use of forest land, must be approved according to relevant procedures.
    16th due to special needs to change its State-owned forestry unit affiliation or change their business woodland area, shall be submitted to the provincial Department of Forestry Administration approval, which belongs to the provincial nature reserve, shall be submitted to the provincial people's Government belonging to national nature reserves, must be reported to the State Council for approval.
    17th forest land-use units and individuals have the obligation to protect forest resources. Approved by the law, temporary occupation of forest land of units and individuals engaged in production and business activities, should take effective measures to protect the forest, shall not cause landslides, subsidence and serious soil erosion, shall not be approved for use outside the scope of damage woodland and its attachments.
    Vegetation destruction and deterioration of the ecological environment and caused serious soil erosion, should be responsible for governance.
    18th forestry production units on the premise of forest, can take advantage of the integrated forest resources management, improve operational efficiency, increase forest investment. 19th woodlands development, can be carried out individually by the forest owners or users, can also be used by the forest owner or with other units and individual joint venture, cooperation, or in any other way.
    Joint development of forest land, should be based on the contract shall be determined in the form of forest land protection and exploitation of rights and obligations.
    20th on exploitation and utilization of woodlands to create water conservation forest, soil and water conservation forest, wind breaking, environmental protection and other public welfare forest and shall be given financial compensation for forest ecological benefits.
    21st encouraged intensive farming methods, development of artificial commercial forest, timber and other raw materials forest bases.
    Artificial commercial forest bases in forest felling licenses in felling, cutting quota implementation of separate management.
    22nd forestry administration departments at or above the county level shall be in accordance with strict protection and scientific management, reasonable and orderly approach, strengthening the guidance, supervision and services of forest exploitation. Fourth chapter woodland using of program 23rd article this approach by said woodland using is divided into following three class: (a) levy, and occupied woodland, is refers to for engineering construction (containing farmers since built housing) need, change woodland nature, will woodland to construction with to of; (ii) temporary occupied woodland, is refers to not change woodland nature, occupied woodland for survey, and built facilities, and quarrying, and mining, and take sand, activities, occupied term not over 2 years.
    Occupied shall not during the construction of permanent buildings, forestry production conditions must be restored after the expiration of (iii) forestry production and occupation of forest land, refers to the forest management unit in the management of woodland built directly within the scope of construction work for the forest service facilities, need to occupy forest land.
    24th expropriation and occupation of forest land for construction, the applicant shall apply to the forestry administrative departments at the county level, Department of forestry administration in accordance with statutory authority and procedures for examination and approval, in accordance with the land administration laws and regulations approval of construction land. 25th article levy, and occupied woodland of, application Shi should to County forestry administrative competent sector submitted following material: (a) levy, and occupied woodland application table; (ii) applicants is units of, provides established file or proved, and statutory representative people identity proved, is personal of provides I ID Ming; (three) was levy or occupied woodland of ownership proved material; (four) construction project law must by about administrative competent sector batch (nuclear) associate of, must submitted project batch (nuclear) associate file, in city planning district range within of,
    Should also be submitted to the Planning Department issue a project site submissions (e) report of the feasibility study on expropriation and occupation of forest land, (vi) and was signed by expropriation or occupation of forest land forest land, forest compensation and resettlement agreement or certificate; (VII) laws, regulations, rules and regulations of the other materials. 26th article temporary occupied woodland of, application Shi should to County forestry administrative competent sector submitted following material: (a) temporary occupied woodland application table; (ii) applicants is units of, provides established file or proved, and statutory representative people identity proved, is personal of provides I ID Ming; (three) was occupied woodland of ownership proved material; (four) woodland status survey report; (five) project law must by about administrative competent sector batch (nuclear) associate of, must submitted project batch (nuclear) associate file; (six) legal, and regulations
    , The rules and regulations of the other material.
    27th article forestry production occupied woodland of, application Shi should to County forestry administrative competent sector submitted following material: (a) occupied woodland application table; (ii) applicants is units of, provides established file or proved, and statutory representative people identity proved, is personal of provides I ID Ming; (three) was occupied woodland of ownership proved material; (four) project law must by about administrative competent sector batch (nuclear) associate of, must submitted project batch (nuclear) associate file; (five) legal, and regulations, and regulations provides of other material.
    28th article levy, and occupied woodland reached following number of, according to People's Republic of China forest implementation Ordinance 16th article of provides, should reported State forestry administrative competent sector audit agreed: (a) levy, and occupied shelterbelt woodland or special uses forest woodland area 10 hectares above of; (ii) timber, and forest, and forest woodland and logging track to area 35 hectares above of; (three) other woodland area 70 hectares above of.
    Expropriation or occupation of forest land area is less than the amount prescribed in the preceding paragraph, by the provincial Department of Forestry Administration approval.
    29th article temporary occupied woodland of, according to following approved permission handle approval procedures: (a) temporary occupied shelterbelt or special uses forest woodland area 5 hectares above, other woodland area 20 hectares above of, by State forestry administrative competent sector approved; (ii) temporary occupied shelterbelt or special uses forest woodland area 5 hectares following, other woodland area 10 hectares above 20 hectares following of, by province forestry administrative competent sector approved;
    (C) temporary occupation in addition to shelter forest and special-use forests more than 2 hectares of woodland outside of up to 10 hectares, approved by the District Department of Forestry Administration; (d) a temporary occupation in addition to shelter forest and special-use forests outside of up to 2 hectares of woodland, approved by the forestry administrative departments at the county level.
    30th forestry production and occupation of forest land, which belongs to the State-owned forest management unit, approved by the provincial forestry administrative departments; other forest management units and individuals, approved by the forestry administrative departments at the county level. 31st Department of forestry administration shall, within 20 working days from the date of acceptance of the application review is completed, to report or take a decision in accordance with the approval authority.
    Not to approve a decision, it shall state the reasons in writing and inform the applicant. Department of forestry administration in considering applications for temporary occupation of forest land, of applications for the proposed, should the situation in woodland Township (town) people specified a fixed place to make an announcement, announcement on 7th. During the notice period, units or individuals, such as objections, forestry administrative departments to verify its objections.
    Appeal relevant entities or individuals claims there is legal basis, shall not be approved by the Administrative Department of forestry, the reasons and inform in writing the applicant rejection.
    Notice of expropriation and occupation of forest land approval procedures, the Department of land and resources administration in accordance with the land administration law, regulations of regulations. 32nd temporary occupation of forest land expires, without special reasons shall not be renewed.
    Renewal of special circumstances so require, the occupier shall, on the expiry of 30th to apply to the Department of Forestry Administration again for the temporary occupation of forest land and approval procedures. The 33rd provincial forestry administrative departments may appoint subordinate administrative departments of forestry for the forest land use approval procedures.
    Delegated departments shall not delegate. 34th project should be based on the overall design of one application in expropriation and occupation of forest land, shall not be dismembered.
    Phased construction project staging shall be applied for and approved, shall not be prior to use or not use. 35th approved using specific delineation of the scope of forest land, must have the forestry administration departments at or above the county level to the scene supervising.
    Units and individuals must follow the approved amount, extent of forest land-use. 36th approved uses of forest land needed to cut trees, by the employer, the individual units according to law or its delegate to the forestry administration departments at or above the county level, where the tree obtain the tree cutting license, and include cutting quotas that year.
    Harvesting of the forest belongs to the original forest owners.
    The 37th for violation of these rules to use forest lands or otherwise illegal occupation of forest land, units and individuals have the right to refuse and occupation of forest land.
    The fifth chapter, forest land use fees section 38th units or individuals, occupies woodland, forest vegetation recovery fee shall be paid in accordance with the regulations, and is levied, occupied by units or individuals to pay compensation of forest land, forest and other land, resettlement compensation.
    Units or individuals of the temporary occupation of forest land, forest vegetation recovery fee shall be paid in accordance with the regulations, and to be occupied by units or individuals pay the compensation fee of forest and other fixtures on the ground. 39th compensation fee of forest land, in accordance with their collection, occupying the former 3 year local arable land with an average annual output value of 4 to 7 times multiplier.
    Calculation method of average output value of Zhejiang Province, in accordance with the implementation of People's Republic of China land management law 27th of the regulations.
    The 40th tree and other fixtures on the ground compensation established by the provincial forestry administrative departments, submitted to the provincial people's Government for approval before implementation.
    Zhejiang Province, 41st resettlement criteria in accordance with the implementation of People's Republic of China Law of land management measures provisions of article 24th.
    42nd according to level of economic development and regional differences, the city and County (city, district) people's Government can improve the local compensation fee of forest land, forest and other fixtures on the ground pay standards for compensation, resettlement, but standard, shall not be reduced.
    43rd forest vegetation recovery charges in accordance with national forest restoration fee is imposed by the criteria set out in, the use of interim measures for the administration of pay.
    44th forest vegetation recovery fees shall be in accordance with national provisions earmarking, for use in reforestation and restoration of forest vegetation, including the forest resource inventory, planning and design, site preparation, planting, raising, forest fire, pest control, maintenance expenditure of resources, not flat, hold back or diverted to any other use. Article 45th expropriation and occupation of forest land and compensation for temporary occupation of forest land on both sides of the (rental) standards as well as the required cutting of trees in recognition of forest species, age, material yield, annual output value have disputes and negotiation fails, one or both may apply to the forestry administration departments at or above the county level decisions.
    Award of specific measures by the provincial Department of forestry administration in place, submitted to the provincial people's Government for approval.
    46th sixth chapter legal liability for breach of paragraph one of this article 15th (a) and (b), of article 24th, in accordance with the People's Republic of China of the 43rd of the regulations for the implementation of the forestry law shall be punished.
    47th in violation of paragraph one of this article 15th paragraph (c) provides that reclaimed forest lands without permission, cause damage to forests, trees, and in accordance with the People's Republic of China 41st article provisions of the regulations for the implementation of the forestry law will be punished.
    48th article violates this article 17th paragraph, caused landslides, subsidence and serious erosion of forest land, the local Department of Forestry Administration ordered to take effective protective measures and fined 5000 Yuan and 50,000 yuan fine.
    49th article violates this way to the 16th article, without changing the State-owned forestry unit affiliation or change their business woodland area, rectification by the provincial forestry administration departments, causing losses of State-owned assets, related persons shall be investigated for criminal responsibility.
    50th or move or destroy forest land ownership boundary markers, marker, the local Department of Forestry Administration ordered recovery; within the prescribed period cannot be restored, back to the actual cost of damages on behalf of the Department of forestry administration restored according to each pillar site marker, and impose a fine of less than 100 Yuan and 500 Yuan.
    51st forging, altering forest warrants, as well as other information related to forest land ownership chart, forestry administration departments at or above the county level shall be ordered to correct within a collection of forged, altered forest warrants and related information, and a fine of less than 2000 Yuan and 10,000 yuan.
    Rules for breach of the 52nd, overcharged, reduce, waive, slow delivery, or conceal, withhold or misappropriate, collected forest vegetation restoration cost of units and individuals, by a higher or similar financial authorities and the relevant Department in charge shall command a correction, and in accordance with the relevant provisions of the financial regulations on penalties for offences. 53rd article County above forestry administrative competent sector and about sector staff has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, by where units, and superior competent sector or administrative monitored organ law give administrative sanctions: (a) not law handle woodland ownership registration or registration improper and not corrected of; (ii) unauthorized change woodland category and nature of; (three) fraud approval woodland using of; (four) beyond statutory permission, and statutory program and term approval woodland using of
    (V) for forest violations should be given administrative punishments according to law without punishment or administrative punishment obviously unfair, (vi) other acts of dereliction of duty, abuse of authority or engages in.
    The 54th in violation of these rules constitutes a crime, shall be investigated for criminal responsibility by judicial organs. The seventh chapter VIII supplementary provisions 55th article of the rules implemented on January 1, 2006.
                                                                                        Zhejiang Provincial people's Government on April 8, 1994, issued by the management of woodland in Zhejiang Province (provincial governments, 43rd) repealed simultaneously.

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