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Zhejiang Provincial Forest Management Practices

Original Language Title: 浙江省林地管理办法

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(Act No. 204 of 16 November 2005 People's Government Order No. 204 of 16 November 2005 on 1 January 2006)

Chapter I General
Article 1. To strengthen the management and protection of forestland and to rationalize the use of forest land, to develop this approach in line with the People's Republic of China's Forests Act and relevant laws, regulations and regulations.
Article II of this approach refers to forest areas, including more than 2,02 hectares of depression and bamboforestry, indicted woodland, vetting sites, firewood sites, pests, unforested land, ventilation sites, nurses and land-based governments.
The legitimate rights and interests of all persons and users in the forest area are protected by law. No unit or person shall be violated.
Article IV forest land management is governed by law by the forested land registration system, the forest-use control system.
Governments at all levels must be cherished to strengthen forest land management and to put an end to the abuse of forest land.
Article 5
Article 6
Chapter II
Article 7.
Article 8. All persons or users of the forested land (inforested land, with the same) shall, in accordance with the provisions of the National People's Republic of China's Forest Law Implementation Regulations, make a claim for registration to the administrative authorities of more than the district level, by registering the fascicles by the Government of more than the people of the district, by granting a certificate of title or use of the forest land. The specific registration certificate is assumed by more than minus forestry administrative authorities.
Article 9. The application of the right to forest land shall be registered at the outset and shall be submitted to:
(i) The right to forest land is a registration application;
(ii) The applicant's identification or qualifications certificate;
(iii) The right to forest land is a certificate;
(iv) Other material provided by law, regulations and regulations.
Article 10 Applications submitted to the applicant shall be admissible in accordance with article 9 of this scheme; they are not in accordance with the provisions and require the applicant to supplement the material.
Article 11. The forest administration authorities shall, within 10 working days of the date of receipt, make public releases within the scope of this administrative region or the fixed place designated by the Government. The announcement was 30 days.
During the notice period, the relevant units or individuals, if questioned the registration application, shall be verified by the forest administration authorities. The objection claims made by the relevant units or individuals are indeed lawful and the forest administration should not be registered and inform the applicant in writing of the reasons for non-registration.
Article 12 shall be registered by the forest administration within three months of the date of receipt of the application:
(i) The location of the forest area for which registration is made clear;
(ii) The right to forest land is proved to be complete and legitimate;
(iii) The right to forest land is not disputed;
(iv) The boundaries identified in the accompanying figure are consistent with the field.
The forest administration authorities are not registered and are informed in writing of the reasons for the applicant's non-registration.
Article 13 Reforested land is charged by law, occupied or caused by changes in land ownership or the use of power for other reasons, and the loss of the initial registration authority shall be subject to changes, write-offs.
The following material shall be submitted for the processing of a change registration or cancellation of registration:
(i) The right to forest land is a registration application;
(ii) The right to forest land certificate;
(iii) The right to forest land is a change of law or the loss of the relevant material.
The right to forest is wrong, unregistered or lost or damaged, and should be submitted to the original registry authorities for corrections or for remission.
Chapter III Protection and development of forests
Article 14. The above-ranking forest administrative authorities shall be responsible for the preparation of the protection and development of the current administrative regional forested land, in accordance with the requirements of national economic and social development planning and the ecological protection of the environment, with the approval of the Government of the same people following a balance between the same development reform administrative authorities. The protection and development of the forest area shall not be changed without the consent of the original approval authority.
Article 15. Strict forest-use control regime. The following acts of destruction of forest areas are prohibited:
(i) Redirecting forest land into non-forest land;
(ii) Actively carrying out activities such as logs, mining, extraction, sand, construction, construction works and graves on forest land;
(iii) The cultivation of agricultural crops by landowners. More than twenty-five ancestral lands have reclaimed crop crops, which should be dragged down by law.
There is a need to change the nature and purpose of the forested land and must be governed by the law.
Article 16 is subject to approval by the provincial forestry administrative authorities for the purpose of changing the reporting relationship of national forest units or changing the area of the area under which they operate, which is a natural protected area in the province, subject to approval by the Government of the people of the province, and which is a natural protected area at the national level, subject to approval by the Department of State.
Article 17 has the obligation to protect forest resources by using units and individuals from forest land.
As approved by the law, units and individuals temporarily occupied forest land should take effective measures to protect the forest land without causing downturns, landslides and severe water loss, without prejudice to the approval of forest areas beyond the scope of the land. Governance should be responsible for the destruction of vegetation, degradation of the ecological environment and severe loss of water.
Article 18
Article 19 Developments in forested areas may be carried out separately by all or users of the forest area or by joint ventures, cooperation or other joint ventures with other units and individuals. The joint development of forest land should determine, in the form of a contract, the rights and obligations of forestland to protect and develop.
Article 20 provides forest eco-efficiency economic compensation in accordance with the law for the development of public works such as the development of forest-use forests, water conservation forests, wind sand forests and environmental conservation forests.
Article 21 encourages the development of artificial commodity forest bases, such as raw materials forests, materials forests, etc., through a pool of operations.
Location permits for logging within the artificial commodity forest base are subject to single-point management.
Article 2
Chapter IV
Article 23 uses the forested land referred to in this approach are divided into three categories:
(i) To collect and take advantage of forest land, reference is to the conversion of forest land to building land due to the need for construction (including farmer self-building);
(ii) The temporary use of forest areas means activities that do not alter the nature of the forest area, which take over forest land to conduct surveys, construction facilities, quantification, mining and sand, with a deadline not exceeding 2 years. No permanent building shall be constructed during the occupation period and the conditions for forest production must be restored upon expiration;
(iii) Forestry production of forest occupiers, which means that the forest operation units build engineering facilities for forest production directly within the area of forests operated by the forest area and need to take advantage of the forest area.
Article 24 collects and uses forested land for construction, and the applicant shall submit an application to the district-level forestry administrative authorities for approval by the forest administration authorities in accordance with the legislative authority and procedures, and the construction of the land management legislation, regulations and regulations.
Article 25, leaching and occupiering forest areas, shall, at the time of application, submit the following materials to the district-level forest administration authorities:
(i) An application form for leasing and taking advantage of forested land;
(ii) The applicant is the unit, providing documents or proof, legal representative status certificates that are personal testimony;
(iii) The right to be levied or occupied in forest areas is certified;
(iv) The construction project is subject to the approval by the relevant administrative authorities (nuclear) quasi-fiduced documents for the project, within the area of urban planning, and should also be submitted to the planning authorities for the project selection of the project site;
(v) A study on the feasibility of leasing forests;
(vi) The forest area, the forest compensation rate and the settlement grant agreement or proof of the forested land signed with or occupied foresters;
(vii) Other material provided by law, regulations and regulations.
Article 26
(i) To apply on a provisional basis for forest use;
(ii) The applicant is the unit, providing documents or proof, legal representative status certificates that are personal testimony;
(iii) The right to be vested in forested areas is certified;
(iv) The status survey report on forests;
(v) The project shall be subject to the approval by the relevant administrative authorities (nuclear) and shall be submitted to the project quantify (nuclear) documents;
(vi) Other material provided by law, regulations and regulations.
Article 27
(i) The application form for the use of forests;
(ii) The applicant is the unit, providing documents or proof, legal representative status certificates that are personal testimony;
(iii) The right to be vested in forested areas is certified;
(iv) The project shall be subject to the approval by the relevant administrative authorities (nuclear) quasi-document(nuclear) of the project;
(v) Other material provided by law, regulations and regulations.
In accordance with article XVIII, the following amounts were collected and occupied by forest land, and in accordance with article 16 of the People's Republic of China Forest Law Implementation Regulations, the State's executive authority for forestry should be reported to:
(i) More than 10 hectares of area of protected forests or special-purpose forests;
(ii) More than 35 hectares of area of material forests, economic forests, salin forests and their logic;
(iii) More than 70 hectares in other forest areas.
The area covered or occupied by forests is less than the previous paragraph and is subject to approval by the provincial forest administration authorities.
Article 29 temporarily occupied forestland and is governed by the following authorization authority:
(i) The area of temporary occupancy of protected forests or of special-purpose forest forests over five hectares, and the area of other forested land area is more than 20 hectares, with the approval of the Department of State Forestry Administration;
(ii) The area of temporary occupancy of protected forests or special-purpose forest forests below five hectares, with the exception of more than 20 hectares in other forest areas, approved by the provincial forest administration authorities;
(iii) The temporary use of forest areas other than protected forests and special-purpose forests for more than 10 hectares, with the approval of municipal forestry administrative authorities in the area;
(iv) The temporary use of forest areas other than protected forests and special-purpose forests is 2 hectares, approved by district-level forest administration authorities.
Article 31 Forestry production of forest-occupied land, which is owned by national forest operators, is approved by provincial forest administration authorities; other forest operators and individuals are approved by district-level forest administration authorities.
Article 31 shall be reviewed by the forest administration authorities within 20 working days of the date of receipt of the application and shall be reported or decided in accordance with the authorization authority. The reasons should be given in writing and communicated to the applicant.
In approving the application for the temporary occupation of forested areas, the forest administration authorities shall make a notice of the application to be approved in the case of a fixed place designated by the Government of the People's Government in the forest area, 7 days. During the notice period, the relevant units or individuals, if questioned, shall be verified by the forest administration authorities. The objections made by the relevant units or individuals argue that there is a statutory basis for the forest administration authorities to be not approved and to inform the applicant in writing of the reasons for not being approved.
The announcement procedure for the collection, occupation of forest land approval is governed by the Land Resources Administration authorities in accordance with the provisions of land management laws, regulations and regulations.
Article 32 expires on the temporary occupancy of the forest area without any special reason. Special circumstances need to be extended and the occupants shall apply to the forest administration authorities by 30 days of the expiry of the effective period to re-exploit the provisional forest-use clearance process.
Article 33 The provincial forest administration authorities may entrust the lower-level forestry administrative authorities with procedures for the use of approval in forested land. The mandated sectors shall not be transferred to the commission.
A third article XIV project should not be configured in accordance with the overall design of an application for leasing and taking advantage of the forest area. Medium-term construction projects should be applied and approved on a roll-out basis and no pre-exploitation.
Article XV, which has been approved for the specific demarcation of the area of use of forests, must be subject to the presence of more than communal administrators at the district level. The units and individuals concerned must use forest land in the quantity and scope of the approval.
The forest area, which is approved by Article 36, requires the harvesting of the wood, by construction units, individuals or units entrusted by them, shall, in accordance with the law, be licensed by the executive authorities of the forestry industry at the district level in the forest area and include the harvesting limit for the year. The harvested wood is owned by the forest owners.
Article 37 has the right to reject units and individuals who have been occupied in forest areas in violation of the provisions of this approach or illegally occupied forest lands in other ways.
Costs used in forestland
Article 33 Eighteen, units or individuals in forested areas shall pay for the restoration of forest vegetation in accordance with the provisions and pay for forested land payments, forest wood and other land-based premiums, resettlement benefits.
The units or individuals temporarily occupied forest areas shall be paid for the rehabilitation of forest vegetation, as prescribed, and shall be paid to the occupants or individuals who are occupied by the forest and other land.
Article 39 Reimbursement for the forest area is calculated on the basis of the 4 to 7 times the average annual value of local cropland in the previous three years. The average annual product calculation method is carried out in accordance with article 27 of the Zangangi Approach to the Implementation of the Law on Land Management of the People's Republic of China.
Article 40
Article 40 of the eligibility rate is implemented in accordance with article 24 of the Zangi Act on the Implementation of the People's Republic of China Land Management Act.
In accordance with the level of economic development and regional differences, the Government of the People of the city, the district (communes, districts) may increase the payment rate for local forestland compensation, the forest wood and other land-based attaching to the payment of the royalties, settlement subsidies, without reducing the provincial standard.
Article 43 thirteenth Revegetation payments are made in accordance with the criteria set out in the National Forest Devegetation Recover and the use of the provisional management approach.
Article 44 Recovery of forest vegetation should be earmarked in accordance with national provisions for afforestation, rehabilitation of forest vegetation, including forest resource surveys, planning, re-engineering, afforestation, inglingering, fire protection, pest control, and resource escorts.
Article 42 quarants, occupies of forestland and temporary occupiers for compensation (help) standards and for forested woods subject to logging are controversial in the areas of recognition of forest species, forest age, production, annual product value, and in consultation with non-conformation, either party or both parties may apply to the district-level executive authorities for decisions. The specific approach to the decision was developed by the provincial forest administration authorities and approved by the Government of the province.
Chapter VI Legal responsibility
Article 46, in violation of article 15, paragraph 1, subparagraphs (i) and (ii), and article 24 of this approach, punishes them in accordance with article 43 of the Regulations on the Implementation of the People's Republic of China Forest Law.
Article 47, in violation of article 15, paragraph 1 (c), of this approach, provides that forests, forests are destroyed and punished in accordance with the provisions of article 41, paragraph 2, of the People's Republic of China Regulations on the Application of Forest Law.
Article 48, in violation of article 17, paragraph 2, of the present approach, provides for the loss of forest lands, landslides and severe water, to be subject to effective protection orders by the forest administration authorities at the location and to fines up to 50,000 yen.
Article 49, in violation of article 16 of this approach, provides for the unauthorized alteration of the State's forestry unit's affiliation or change of its area of forested land, to be converted by the provincial forestry administrative authorities; and for the loss of State assets to be held accountable under the law.
Article 50 of the Convention on the Rights of the Land of the Land of the Land of the Land of the Land shall be returned by a time limit of responsibility of the forest administrative authorities at the location; the loss of the actual costs required for reactivation shall be compensated by the forest administration authorities for recovery and fines of up to 100 million dollars at each boundary, boundary mark.
Article 50 provides for the forfeiture, reforestation and other information on forest land titles, to be converted by the administrative authorities of more than veteran at the district level, to collect coercials and relevant information, and to fines up to 1 million yen.
Article 52 reproduces, distributes, recuperations, or conceals, interceptions, misappropriation, coordinates of units and individuals whose forest vegetation rates are restored, either at the upper or the same level of finance will be converted to the relevant sectoral order and be treated in accordance with the relevant provisions of the Financial Offences Punishment Regulations.
Article 53 above is one of the following cases at the district level of the executive authorities of the forestry sector and the staff of the relevant departments, which are subject to administrative disposition by their units, superior authorities or administrative inspection bodies, in accordance with the law:
(i) The right to forest land is not registered or registered in accordance with law without redress;
(ii) Removal of forest type and nature by unauthorized means;
(iii) Removal of the use of vouchers;
(iv) To transcend the use of forested land, statutory procedures and time frames;
(v) The failure to impose administrative penalties or administrative sanctions on forest-land offences is impartial;
(vi) Other acts of negligence, abuse of authority, favouring private fraud.
Article 54, in violation of this approach, constitutes an offence and is criminalized by the judiciary.
Chapter VII
Article 55 of this approach is implemented effective 1 January 2006. The Zangi Lands Management Approach (Public Government Order No. 43) was also repealed by the People's Government of Zangangang on 8 April 1994.