Qingdao Forest Protection Regulations

Original Language Title: 青岛市林地保护管理规定

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(March 29, 2004, people's Government of Qingdao City 10th Executive session on April 12, 2004, Qingdao City people's Government, the 165th announced as of May 1, 2004) Chapter I General provisions article to strengthen forest land protection and management, maintenance of ecological safety, improve forest resources utilization, consolidation and development of forestation virescence to ensure steady growth of forest cover, 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 other laws and regulations, combined with the city's actual, these provisions are formulated.
    Article forest in these rules refers to land used for forestry, including tree forest and bamboo forest canopy density 0.2 above, shrub, sparse woodland, deforested, burned, not into forest land, plant nurseries and forests of the people's Governments above the county-level planning.
    Article working in the administrative area of the city of woodland conservation, management and utilization activities, shall comply with this regulation.
    Conservation, management and utilization of urban green space in accordance with the relevant laws, regulations and management measures of the Qingdao City regulations.
    Fourth municipal, district (City) forestry administrative authorities in accordance with their terms of reference on the area of forest land protection, management, and supervision.
    Fifth Plan, urban construction, planning, land and resources, financial, pricing, environmental protection, public security, traffic, railway, agriculture, water conservancy, the State-owned assets management departments shall, in accordance with their respective responsibilities, such as collaborative forestry administrative departments to implement the protection of forest management. The sixth city, district (City) Government practises the forest land ownership registration system, issued forest warrants, confirm the ownership and use of forest land.
    Legally registered the ownership of or the right protected by law, and no units or individuals may infringe upon it.
    Forest land ownership registration of specific work by the administrative departments in charge of forestry.
    Need to change the ownership or access rights, it shall register the change, replacing Lin e.
    Chapter II protection and occupation of expropriation of the seventh municipal, district (City) people's Governments shall organize the Department of forestry administration and planning, planning, land and resources, agriculture, water conservancy departments, preparation of woodland protection and utilization planning and incorporated into land use planning.
    Eighth article ban following behavior: (a) illegal destroyed forest reclamation and destroyed forest quarrying, and mining sand, and mining soil; (ii) in young to and special uses woodland wood, and grazing; (three) violation technology procedures seed, and dig root, and stripping bark and the pruning; (four) forest field with fire, and discharge firecrackers, and limited, and set Cemetery; (five) destroyed and unauthorized Mobile for forestry service of logo; (six) other destroyed woodland, and forest of behavior.
    Nineth with special conservation value forest areas, types of forest and wildlife nature reserves can be established.
    The establishment of nature reserves, by the Administrative Department in charge of forestry, has approval authority for approval.
    Approved the establishment of nature reserves, by the district (municipal) people's Government setting up boundary markers, marker. Woodland nature reserve banned for other purposes. Are strictly prohibited in the production of cutting trees in the nature reserve.
    Thinning and rechange, must be approved by the Department of forestry administration. Forest land-use units of the tenth article must fulfill the obligation to protect the forest and its resources.
    Department of forestry administration and forest land use signed forest protection agreements and a clear responsibility to protect. 11th exploration, mining and construction activities shall not be accounted for or less forest land must be taken or forestland, land unit shall submit an application to the local administrative Department of forestry, examination and approval, in accordance with the standards set by the State taxation and forest vegetation restoration cost, obtain consent to uses of forest land. Land use consent to forest land according to construction land use approval procedures.
    Or occupied forestland without examination and approval by the Administrative Department of forestry, land and resources administrative departments shall not accept an application for construction land. 12th article need temporary occupied woodland of, should comply with following provides: (a) temporary occupied except shelterbelt and special uses forest yiwai of other woodland area 2 hectares following of, by where district (City) forestry administrative competent sector approval; (ii) temporary occupied except shelterbelt and special uses forest yiwai of other woodland area 2 hectares above 10 hectares following of, by city forestry administrative competent sector approval; (three) temporary occupied shelterbelt or special uses forest woodland and temporary occupied 10 hectares above other woodland of,
    The municipal and district (municipal) Administrative Department for forestry under review, according to prescribed procedures for approval.
    Temporary occupation of forest land may not exceed 2 years, not built permanent structures on the ground in the forest; occupied after the expiration of land required to restore forestry production conditions.
    Temporary occupation of forest land access to forestry administrative departments after a temporary occupation of forest land consent, in accordance with the provisions of relevant laws and regulations needed to land and resources and relevant departments of temporary land use approval procedures should be in accordance with the law.
    13th 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 by the municipal, district (City) Government departments of forestry administration in accordance with the permission and approval; building other facilities, you will need to use of forest land to non-forest land, must be in accordance with the law of forest land requisition and occupation and use of land for construction.
    14th article occupied, and expropriation woodland or temporary occupied woodland, with to units should fill in using woodland application table, while provides following material: (a) occupied expropriation woodland of units corporate proved; (ii) project approved file; (three) was occupied or was expropriation woodland of forest warrants book, ownership proved material; (four) has corresponding qualification of design units made of project using woodland feasibility report; (five) and was occupied or was expropriation woodland units signed of woodland, and forest compensation fee and placed subventions agreement. Forestry land application made by the Administrative Department shall be made within 15 working days to approve or approve comments.
    Need reported Shang a level forestry administrative competent sector audit or approval of, should step by step in using woodland application table Shang signed review views Hou, will all material reported Shang a level forestry administrative competent sector audit or approval; by audit not agreed or approved of, should in using woodland application table Shang clear records not agreed of reason, and in 10th within will application material returned application with to units.
    15th for the following special protection and management of forest land, in addition to national, provincial and municipal key projects and public construction projects, shall occupy or use; in addition to the trees in the woodland thinning, transformation and regeneration cutting in the forest outside, against graft and other harvesting.
    (A) special uses woodland; (ii) District (City) above ecological public woodland; (three) focus water conservation woodland; (four) railway, and highway, and tourism along sides visual range within of woodland; (five) city level above forest park and landscape places district of woodland; (six) 25 degrees slope above returning also woodland; (seven) precious wildlife breeding live woodland and other nature reserve woodland.
    16th harvesting has been approved when you occupying forestland or forest on should consent to use of forest land, apply to the Administrative Department of forestry tree cutting license before they can harvest.
    Chapter 17th approved by the Forestry Administration Department of forest land, forest management unit can be planned without damaging trees, under the premise of no damage to tree growth and forest land use, improve social, ecological and economic benefits of forest resources.
    Forest land use, rental, transfer, inheritance, mortgage, sale, stock management, collective management, contract management, recognition at home and abroad in the form of the proliferation of forest resources development.
    Forest land use, must go through feasibility studies and valuation of forestry resources.
    18th forest land use, by the forest management units or individuals carried out in collaboration with other units or individuals, partners must sign a cooperation contract, provides for the protection of forest land and resources allocation of responsibilities, obligations, and benefits and other matters.
    19th units and individuals engaged in forest management, utilization, and arrangements from the income obtained by the use of forest land each year a certain percentage for afforestation, forest management and forest land.
    Fourth chapter Award and punishment 20th article has following results one of of units and personal, by Government or forestry administrative competent sector be recognition, and award: (a) stop or report damage woodland and resources behavior active of; (ii) woodland resources proliferation sex development effectiveness significantly of; (three) in woodland and resources protection, and using aspects has major scientific research results of; (four) protection woodland and resources has other highlight contribution of.
    21st illegal deforestation in reclamation and deforestation, quarrying, sand, soil or violation of technical specifications for seed collecting, digging, peeling bark and root pruning, by the competent administrative authority shall order to stop the illegal practice of forestry; losses, reseeding 1 time to 3 times the number of trees can damage fine 1 time to 3 times the value of trees.
    Reclaimed forest lands without authorization, destruction of trees caused no or no trees on cleared forest land, the forestry administration authorities shall order to stop the illegal practice, deadline to restore the status quo ante, by illegal use of forest land per square meter of less than 10 Yuan fine.
    22nd in seedling forests and special-purpose forest firewood cutting, grazing, forest, trees are damaged, the Department of forestry administration shall be ordered to desist from the illegal act, compensation according to law, reseeding 1 time to 3 times times the number of trees.
    23rd refuses to replant trees or replanting is not in line with relevant regulations of the State, by the competent administrative Department of forestry replanting costs paid by the offender.
    24th destroyed or forestry service mark or move, ordered by the Administrative Department of the people's Governments above the county level forestry restoration; fails to restore the status quo ante, on behalf of the competent administrative Department of the people's Governments above the county level forestry recovery, the cost paid by the offender.
    25th without consent of the forestry administrative departments shall examine, without altering the use of forest land, by District (municipal) or more Department of Forestry Administration ordered restitution and change of use of forest land sentenced to fines of 10 Yuan to 30 yuan per square meter. 26th article to rental, and transfer, and mortgage, and auction, and joint-stock business, and contracting management, way for woodland using, its forestry resources assets not for assessment of, belongs to state-owned of, by State-owned assets administration sector with forestry administrative competent sector ordered deadline corrected, and can sentenced 30,000 yuan following fine; belongs to collective of, by forestry administrative competent sector ordered deadline corrected, and can sentenced 30,000 yuan following fine; caused woodland resources assets damaged, and loss of,
    Heads of the relevant government departments are directly responsible for the personnel and other persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. The 27th party refuses to accept the decision on administrative penalty of forestry administrative departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Party fails to perform the penalty decision, by making the decision authority shall apply to the people's Court for compulsory execution.
    28th in woodland conservation, the Department of forestry administration staff, abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 29th national defense and military activities require, use non-woodland real estate range, according to the relevant regulations of the State; non-military activities require, use non-military forces real estate woodland the scope of, the implementation of this provision.
                                                                                                              30th article of the regulations come into force on May 1, 2004.

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