Decision Of The State Forestry Administration To Amend Some Rules

Original Language Title: 国家林业局关于修改部分部门规章的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
  According to State on cleanup not conducive to stability growth, and promoting reform, and adjustable structure, and improve people's livelihood, and anti-risk of regulations of requirements, on following sector regulations for modified: a, and forest park management approach (January 22, 1994 Forestry Department makes 3rd,, January 25, 2011 national forestry Council makes 26th, modified) (a) will VIII article modified for: "County above place Government forestry competent sector should in superior forestry competent sector of guide and sibling Government of led Xia, Strengthening of provincial-level forest parks and city and county-level forest park construction and management.

Provincial-level forest parks and municipal and county-level forest park establishment, dissolution, change of scope of approval or changes affiliation, carried out in accordance with local regulations. "Provincial forest parks, and municipal and county-level forest park can be promoted to national forest park in accordance with the relevant provisions.

"(B) delete article Nineth.

In addition, the provisions of order adjusted accordingly.

Second, the universal introduction and planting of foreign accreditation of plant nursery qualifications regulations (September 23, 2005 17th, the State Forestry Administration) the fifth article is changed to: "the conduct of main forest tree seed production and seed management shall provide a copy of the tree seed production and operation license", and delete the article fifth fourth.

Three, the pine wood nematode infected wood processing of administrative measures on approval plate fixed processing enterprises (September 23, 2005 the State Forestry Bureau, 18th) delete the fifth the fourth.

And the introduction of terrestrial wildlife species number and type approval regulations (September 23, 2005 19th, the State Forestry Administration on April 30, 2015, national forestry Board modified the 37th) delete the fifth the fourth.

Five, the home of Giant Panda loan regulations (28th July 25, 2011 the State Forestry Bureau, November 24, 2015 the State Forestry Administration, 38th) delete seventh eighth. Six, the construction project on the use of forest land management of approval (March 30, 2015 the State Forestry Administration, 35th) seventh fourth amended as: "project feasibility report or woodland forest land-use survey tables.

"This decision come into force on the date of promulgation.



According to this decision, corresponding changes to these regulations promulgated anew.

Forest park management practices (January 22, 1994 the Ministry of forestry to 3rd, January 25, 2011, national forestry Board modified the 26th, September 22, 2016, national forestry Board modified the 42nd) first in order to strengthen the management of forest park, the rational use of forest landscape resources, developing forest tourism, according to the People's Republic of China Forestry Act and the relevant regulations of the State, these measures are formulated.

Article forest park mentioned in these measures refers to beautiful forest landscapes, natural landscape and cultural landscape set a certain size, available for people to visit, rest and engage in scientific, cultural and educational activities of the place. Third national forest park, head of forestry work.

Local people's Governments at or above the county level forestry departments of forest park within their respective administrative areas.

Fourth in State-owned Forestry Bureau, State-owned, State-owned forest farm nursery, collective farm and other units within the forest park, it shall establish a Management Office; but within the scope of State-owned nursery management in State-owned forest farms, forest parks, the State-owned forest farm, a State-owned nursery management agencies Forest Park Management Office, still within the institution. Fifth article forest park, forest park management office is responsible for planning, construction, operation and management.

Forest park management body according to law its management of forests, trees, woodland, flora and fauna, water scenery, attractions, facilities and so on, have the right of management whose legal rights and interests are protected by law and no unit or individuals may infringe upon it. Sixth article forest park is divided into following three level: (a) national forest park: forest landscape special beautiful, humanities scene compared concentrated, ornamental, and science, and culture value high, location special, has must of regional representative, tourism service facilities complete, has high of visibility; (ii) provincial forest park: forest landscape beautiful, humanities scene relative concentrated, ornamental, and science, and culture value high, in this administrative within has representative, has necessary of tourism service facilities, has must of visibility; (three) city

, County-level forest park: forest landscape features, attractions landscape ornamental, science, cultural value, high visibility on the ground. Seventh National Forest Park, by the provincial forestry authority a written application, feasibility study reports, and charts, photographs and other information reported to the Forestry Department for approval. State-level forest park master plan design, planning and design of forest park management office organization has qualified units responsible for the preparation, the provincial forestry authorities, and report to the Ministry of forestry.

Modify the overall planning and design must be approved by the original approval unit. Article eighth local people's Governments at or above the county level forestry departments in higher forestry authorities guidance and under the leadership of the people's Governments at the same level, strengthening of provincial-level forest parks and city and county-level forest park construction and management. Provincial-level forest parks and municipal and county-level forest park establishment, dissolution, change of scope of approval or changes affiliation, carried out in accordance with local regulations.

Provincial-level forest parks and municipal and county-level forest park can be promoted to national forest park in accordance with the relevant provisions.

Nineth forest park development and construction, can be carried out individually by the forest park management office; by forest park management with other units or individuals to joint ventures, cooperation, such as joint shall not change the affiliation of forest park management office. Tenth forest construction of the facilities and attractions of the Park, must be carried out in accordance with the overall planning and design.

On precious scenes, sights, and core area, in addition to the necessary protection and subsidiary facilities, shall be built hotels, guest houses, nursing homes and other facilities. 11th prohibits reclamation and deforestation deforestation of forest park in gravel, sand, soil, and other activities.

Harvesting of forest trees in the Park, must comply with the regulation, forestry management programmes and the provisions of the technical regulations. Occupies the 12th article, collection, acquisition or transfer of forest park within the woodland, requires the consent of the forest park management agreed, and according to the People's Republic of China Forestry Act and its implementing rules and other relevant provisions, handling occupied, expropriation and requisition or transfer procedures, according to the statutory approving authority approval of the people's Government, and pay the relevant fee.

Occupied according to the provisions of the preceding paragraph, collection, acquisition or transfer of State-owned forest land, must be approved by the Provincial Forestry Department approval. 13th forest park management agency approved by the relevant departments can charge tickets and related costs.

Establishment of commercial network in forest park, must be agreed by the forest park management office, and according to countries and relevant departments of forest park management office to pay the costs.

14th forest park within the units, residents and visitors into forest park, should protect the forest park facilities, compliance management systems.

15th article forest park management institutions shall, according to prescribed fire, health, environmental protection, safety establishments and signs, maintaining the order of travel.

16th Forest Park Management Office shall in accordance with the regulations of the forestry, afforestation, forest fire prevention and forest pest management, tree forest and wildlife protection, and so on.

Article 17th public security administration of forest park, the local forestry police agencies.

18th at the forest park construction and management work units and individuals who have made outstanding achievements, by the Department of forestry or forest park management agency awards.

19th destruction of the forest park of forest and wildlife resources, in accordance with the provisions of relevant laws and regulations.

20th article of the approach by the Ministry of forestry is responsible for the interpretation.  



21st article this way as of the date of promulgation. Universal type abroad introduction species planting nursery qualification finds management approach (September 23, 2005 national forestry Council makes 17th,, September 22, 2016 national forestry Council makes 42nd, modified) first article to prevent foreign forestry harmful biological incoming border, specification universal type abroad introduction species planting nursery qualification finds activities, according to People's Republic of China administrative license method, and State on does needed retained of administrative approval project set administrative license of decided (State makes No. 412,) and national about provides,

These measures are formulated.

Article implementation of the popular introduction and planting of foreign accreditation of plant nursery qualifications for administrative licensing shall abide by these measures.

Third tree seeds, seedlings and other propagating material production, operating units or individuals can apply for the universal introduction and planting of foreign accreditation of plant nursery qualifications.

Fourth article application universal type abroad introduction species planting nursery qualification finds, should has following conditions: (a) nursery around must distance within no and by introduction species planting plant cousin, and with is of plant; (ii) has wall, and epidemic prevention ditch, introduction species planting isolation conditions; (three) has quarantine and except rule pest of facilities, and equipment; (four) introduction species planting of management measures and system sound; (five) equipped with forestry harmful biological control professional technicians; (six) nursery to right term not less than 3 years.

Article fifth universal introduction and planting of foreign accreditation of plant nursery qualifications, the following documents shall be submitted: (a) universal introduction and planting of plant nursery qualifications abroad application form, (ii) engaged in the main forest tree seed production and seed management shall provide a copy of the tree seed production and operation license, (iii) meet the provisions of this article fourth condition of proof. Sixth article national forestry Council should in received universal type abroad introduction species planting nursery qualification finds application Hou, on application material complete, and meet statutory form of, rates issued national forestry Council administrative license accepted notice; on not accepted of, should rates told applicants and description reason, issued national forestry Council administrative license not accepted notice; on application material not align or not meet statutory form of, should in 5th within issued national forestry Council administrative license correction material notice, And at once inform all applicants need to supplement the content.

Article seventh State Forestry Office a popular introduction and planting of foreign applications for accreditation of plant nursery qualifications, need to verify the substance of the application materials should be assigned more staff to investigate and inform the applicant.
Time required to investigate, before making a decision on the administrative license within the time limit is not evaluated.

Article eighth SFA shall from the date of acceptance of the application the decision whether or not to grant an administrative license in the 20th, written decision on approving an administrative license is issued by the National Forestry Bureau or the State Forestry Administration to reject the licensing book and inform the applicant.

Nineth cannot make a decision on the administrative license within the statutory time limit in section, approved by the head of the State Forestry Bureau, state forestry administration shall before the expiry of the statutory period 5th handle State Bureau of forestry administrative permit extension notice, and inform the applicant.

Article tenth universal introduction and trial planting of plant nursery qualifications of foreign licensing, publicity, announcement in an appropriate manner, the public right of access.

11th National Bureau of forestry administrative licensing items shall be in accordance with the licensee's activities supervision and inspection.

12th licensee violates the provisions of laws and regulations, resulting in foreign forestry pest from spreading, should be punished in accordance with relevant laws and regulations. 13th licensee to fraud, bribery or other improper means to achieve universal introduction and planting of plant nursery qualifications abroad, State Forestry Administration should be cancelled, and public announcement, announcement.

To repeal the decision on the administrative license, the State forestry administration shall inform the licensee in writing and inform their right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

14th National Board of forestry-related staff in implementing the universal introduction and planting of foreign accreditation of plant nursery qualifications in administrative permission, abuse of power, favoritism, and shall be given administrative sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law.



15th these measures shall come into force on November 1, 2005. Pine material nematode epidemic wood processing plate Sentinel processing enterprise approval management approach (September 23, 2005 national forestry Council makes 18th,, September 22, 2016 national forestry Council makes 42nd, modified) first article to prevention and except rule pine material nematode, specification pine material nematode epidemic wood processing plate Sentinel processing enterprise approval behavior, according to People's Republic of China administrative license method, and State on does needed retained of administrative approval project set administrative license of decided

(State Council Decree No. 412) and relevant regulations of the State, these measures are formulated. Article implementation of the pine wood nematode infected wood processing approval plate fixed processing enterprises of administrative licensing shall abide by these measures. Pine wood nematode infected wood, means Bursaphelenchus xylophilus infected area in the pine trees.

Bursaphelenchus xylophilus infected area by provinces, autonomous regions, municipalities or the State Forestry Administration defined according to law.

Article engaged in timber processing enterprises can apply for the pine wood nematode infected wood plate fixed-point processing enterprise qualification.

Article fourth of pine wood nematode infected wood processing sheet metal fixed point processing enterprises eligible, subject to the following conditions: (a) has infected wood sheet processing requirements and standards-compliant production facilities; (b) the infected wood plate processing line with the infected wood treatment requirements; (c) the infected wood sheet metal sound management practices and systems.

Section fifth for pine wood nematode infected wood plate fixed-point processing enterprise qualification, shall submit the following materials: (a) the application; (b) copy of license, timber processing eligibility approval files; (c) meet the provisions of this article fourth condition of proof. Sixth article national forestry Council should in received pine material nematode epidemic wood processing plate Sentinel processing enterprise qualification application Hou, on application material complete, and meet statutory form of, rates issued national forestry Council administrative license accepted notice; on not accepted of, should rates told applicants and description reason, issued national forestry Council administrative license not accepted notice; on application material not align or not meet statutory form of, should in 5th within issued national forestry Council administrative license correction material notice,

And at once inform all applicants need to supplement the content.

Seventh National Bureau of forestry administrative licensing decisions are made, and organization expert verification, shall be effective as of the date of acceptance in the 10th, issued by the State Bureau of forestry administrative permit required hearings, bidding, auction, testing, inspection, and quarantine, identification and advice of specialists, expert verification time inform the applicant.

Time required for verification of experts before making a decision on the administrative license within the time limit is not evaluated.

Article eighth SFA shall from the date of acceptance of the application the decision whether or not to grant an administrative license in the 20th, written decision on approving an administrative license is issued by the National Forestry Bureau or the State Forestry Administration to reject administrative license and inform the applicant of the decision.

Nineth cannot make a decision on the administrative license within the statutory time limit in section, approved by the head of the State Forestry Bureau, state forestry administration shall before the expiry of the statutory period 5th handle State Bureau of forestry administrative permit extension notice, and inform the applicant.

Article tenth of pine wood nematode infected wood processing sheet metal fixed point processing enterprises qualified decision on the administrative license shall be public in an appropriate manner, notices, public right of access.

11th State Forestry Administration should be in accordance with the licensee's pine wood nematode infected wood processing for supervision and inspection.

12th licensee is not in accordance with the laws and regulations of related standards or processing of pine wood nematode infected wood should be administrative penalties in accordance with the provisions of relevant laws and regulations. 13th licensee to fraud, bribery or other improper means to pine wood nematode infected wood processing sheet metal fixed point processing enterprises qualified, State Bureau of forestry should be cancelled, and public announcement, announcement.

To repeal the decision on the administrative license, the State forestry administration shall inform the licensee in writing and inform their right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

14th National Board of forestry-related staff in the implementation of the pine wood nematode infected wood processing approval plate fixed processing enterprises in administrative permission, abuse of power, favoritism, and shall be given administrative sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law.



15th these measures shall come into force on November 1, 2005. Introduced land health wildlife foreign species type and the number approval management approach (September 27, 2005 national forestry Council makes 19th,, April 30, 2015 national forestry Council makes 37th, modified, September 22, 2016 national forestry Council makes 42nd, modified) first article to strengthening land health wildlife foreign species management, prevent land health wildlife foreign species invasion, protection biological diversity, maintenance land ecological security, according to People's Republic of China administrative license method, and

On administrative examination and approval items really necessary to be retained by the State Council to set administrative licensing decision (State Council Decree No. 412) and relevant regulations of the State, these measures are formulated.

Article implementation of the introduction of terrestrial wildlife species number and type approval of administrative licensing items shall abide by these measures.

Article terrestrial wildlife species mentioned in these measures refers to natural distribution in terrestrial wildlife living and breeding material abroad.

Fourth article introducing exotic species of terrestrial wild animals, safety precautions should be taken to prevent their escape, diffusion, avoiding natural hazards.

Fifth article need from outside introduced land health wildlife foreign species of, applicants should submitted following material: (a) application report, and import and export application table and the imports purpose of description; (ii) party signed of contract or agreement, belongs to delegate introduced of, also should provides delegate agent contract or agreement; (three) proved has and introduced land health wildlife foreign species type and the number phase adapted of personnel and technology of effective file or material, and security of description.

Application was first introduced outside of terrestrial wildlife species, the applicant should also be submitted to prove the identity of the applicant the effective documents and proposed implementation plan on introduction of isolation.  

Sixth article application material complete and meet following conditions of, national forestry Council should made granted administrative license of decided: (a) has and introduced land health wildlife foreign species type and the number phase adapted of personnel and technology; (ii) has suitable commercial business using and scientific research foreign species of fixed places and necessary facilities; (three) has security reliable of anti-escape management measures; (four) has corresponding of emergency event disposal measures. Seventh article national forestry Council in received introduced land health wildlife foreign species type and the number approval of application Hou, on application material complete, and meet statutory form of, rates issued national forestry Council administrative license accepted notice; on not accepted of, should rates told applicants and description reason, issued national forestry Council administrative license not accepted notice; on application material not align or not meet statutory form of, should in 5th within issued national forestry Council administrative license correction material notice,  

And at once inform all applicants need to supplement the content.  

Eighth National Bureau of forestry administrative licensing decisions are made, needs to hold hearings or expert assessment shall be effective as of the date of acceptance in the 10th, issued by the State Bureau of forestry administrative permit required hearing, tender, auction, testing, inspection, and quarantine, evaluation and expert review notice and hearings or expert review time required to inform the applicant.  

Hearings and expert review the time required before making a decision on the administrative license within the time limit is not evaluated.  

Nineth SFA shall from the date of acceptance of the decision whether or not to grant an administrative license in the 20th, written decision on approving an administrative license is issued by the National Forestry Bureau or the State Forestry Administration to reject the licensing book and inform the applicant.  

Cannot make a decision on the administrative license within the statutory time limits, approved by the head of the State Forestry Bureau, state forestry administration shall before the expiry of the statutory period 5th handle State Bureau of forestry administrative permit extension notice, and inform the applicant.  

Section tenth was first introduced outside of terrestrial wildlife species for domestication and breeding, introduction experiment of isolation should be carried out.  

Introduction experiment of isolation by provinces, autonomous regions and municipalities designated by the forestry authorities and research bodies or expert assessment, assessment by before they can continue to introduce and promote. Introduction experiment of isolation test should be included.  

Pilot has not been successful, assessments shall be passed.  
Community nature reserves, nature conservation, forest parks, scenic spots and natural eco-environment of special or fragile areas, shall develop introduction experiment of isolation.

11th prohibits release activities in the field of terrestrial wildlife species.  

For scientific research, biological control, wildlife population structure adjustment and other exceptional circumstances, need to release exotic species of terrestrial wild animals, in accordance with the People's Republic of China terrestrial wildlife protection regulations for the implementation of the relevant provisions.  

12th approved terrestrial wildlife species introduced from abroad and its offspring, the product shall be marked in accordance with the relevant provisions of the State. 13th escape terrestrial wildlife species occur, the licensee shall immediately report to the local forestry department, by the local forestry authorities shall order its deadline to catch or take other remedial measures.  

Being ordered back to catcher or take other remedial measures and refused to implement, the local forestry authority or its delegate unit can catch or take other remedial measures, and borne by licensee full catch of requirements or take other remedial measures; damage, liability in accordance with the relevant laws and regulations.  

14th confiscated according to law of terrestrial wildlife species should be determined by the local forestry authorities above the county level in accordance with the relevant provisions of the State.  

15th state forestry administration established the terrestrial wildlife species Advisory Scientific Committee, is responsible for the management of terrestrial wildlife species scientific feasibility studies, assessment and advice.  

16th forestry authorities at all levels should be established to prevent invasive alien species of terrestrial wild animals early warning and emergency mechanism.  

Terrestrial wildlife species found in the wild, local forestry authorities should immediately to the people's Government at the forestry authorities and superior reporting, monitoring and prevention measures and, in conjunction with the relevant departments.  

17th of provinces, autonomous regions and municipalities introduce within their respective administrative areas between terrestrial wildlife species with no natural distribution, in accordance with national and provincial, autonomous region, municipality directly under the relevant regulations.  

18th the introduction of terrestrial wildlife belongs to China to participate in international conventions restrict the import and export of endangered species, must apply to the national endangered species import and export management to handle import and export permit certificate.



19th article this way come into force on November 1, 2005. Panda domestic take exhibition management provides (July 25, 2011 national forestry Council makes 28th,, November 24, 2015 national forestry Council makes 38th, modified, September 22, 2016 national forestry Council makes 42nd, modified) first article to strengthening Panda protection, specification Panda domestic take exhibition management, guarantees Panda captive population health development, improve public protection wildlife consciousness, promote ecological civilization construction, according to People's Republic of China wildlife protection method, about legal regulations

, These provisions are formulated.

Second exhibition in these rules refers to the cultural exchange, science advocacy or public education purposes, lend or borrow the Panda exhibition.

Third exhibition giant pandas should be guided by science, principles of moderate should not endanger the development of populations of giant pandas bred in captivity, not simply for the purpose of profit.

Fourth exhibition of giant pandas borrowed should be commensurate with the domestication and breeding of giant pandas in funds, facilities, and personnel and other conditions, achieved with the domestication and breeding of wildlife under special State protection of the giant panda species license. Fifth artificial breeding of giant pandas should be used for exhibition of healthy individuals over 2 years of age under 25 years of age.

Non-breeding and rescue giant pandas in the wild is prohibited for loan bans over 2 years of age and 25 years of giant pandas for exhibition. Sixth exhibition shall sign a written agreement between the parties, giant pandas living conditions, medical care, emergency condition and contingency plans, loan term, fees, loan exhibition after the giant panda returned to liability for breach of contract.

Loan periods of not less than 1 year of giant pandas, but due to force majeure, except in exceptional circumstances.

Seventh article application take exhibition Panda, should submitted following written material: (a) wildlife protection management administrative license matters application table; (ii) take exhibition both of units proved material; (three) take exhibition both has Panda species of national focus protection wildlife domesticated breeding license; (four) take exhibition both signed of take exhibition agreement; (five) take out party Panda captive population status description material; (six) take exhibition Panda individual pedigree,, and mark, identity proved material;

(VII) borrowed through outreach activities and the giant panda breeding and management, science education programmes.

Article eighth loaned pandas in accordance with the following procedures shall be followed: (a) loaned the State Forestry Administration to apply. (B) according to law after accepting the State Forestry Administration, application materials should be reviewed. Review compliance with these requirements, State Forestry Administration decision on approving an administrative license is made within 20 working days.

If necessary, the State Forestry Bureau may appoint an expert to borrow in the 30th through outreach activities, Panda breeding and management programmes and facilities to demonstrate or field tests.

(C) National Bureau of forestry administrative permit decision, lend, borrow the local provincial forestry administrative departments of the people's Governments respectively in the exhibition before the start and end according to the State Forestry Administration issued administrative licensing instruments after giant pandas leave lending, borrowed transport documents. Nineth loaned during the borrowing party should meet the giant pandas live, physical health, feeding and medical conditions. During the exhibition, borrowed case files and keeping logs of giant pandas should be established, containing the giant panda breeding and management, health and so on. During the exhibition, prohibit collection loaned pandas samples such as blood, semen, but except for the giant panda physical examinations. Otherwise provided for by laws and regulations, from its provisions.

During the exhibition, borrowing shall not be loaned pandas lent to third parties.

During the tenth exhibition, lending should be borrowing loan giant panda breeding management and disease control, guidance, and should the loaned pandas were once a year of the health check. 11th the State Forestry Administration and exhibition from each local government departments of wildlife administration shall pair through outreach activities, supervise and inspect the situation, urging exhibition improve emergency mechanisms on both sides.

Exhibition from both sides shall cooperate with supervision and inspection, and truthfully provide relevant material. 12th article take exhibition during, take exhibition Panda occurred injured, and sick, burst event of, take into party should notification take out party, timely take ambulance measures, and report location County above place Government wildlife administrative competent sector; take exhibition Panda occurred disability, and death, major burst event of, take into party should immediately notification take out party and report location provincial government forestry administrative competent sector and national forestry Council.

Related government departments of wildlife administration shall supervise loan shows both sides properly in accordance with emergency plans in case of emergencies. 13th article in take exhibition during, take out party or take into party violation this provides of, by County above Government wildlife administrative competent sector in accordance with wildlife protection legal regulations give punishment; wildlife protection legal regulations no provides of, can according to plot weight made following processing: (a) give warning, and ordered deadline corrected; (ii) has illegal proceeds of, sentenced illegal proceeds 1 time times above three times times following and not over 30,000 yuan of fine; no illegal proceeds of, sentenced 10,000 yuan following of fine. After correction still refuses, can be ordered to stop by the State Forestry Administration outreach activities, deadlines to send the pandas return to lending.

During the exhibition, lending or borrowing of illegal acts constitute a crime, criminal responsibility shall be investigated according to law. 14th article take out party or take into party exists following case one of of, national forestry Council 1 years within not approved carried out Panda take exhibition activities: (a) application administrative license process in the hide about situation or provides false material of; (ii) unauthorized take out or lent Panda of; (three) major fault caused Panda death of; (four) refused to tie levels Government wildlife administrative competent sector supervision check or refused to implementation wildlife administrative competent sector punishment decided of.

Lending or borrowing by fraud, bribery or other improper means an administrative license, the State Forestry Administration Panda exhibition activities carried out within 3 years shall not be approved.

15th staff of the competent departments of wildlife administration under the people's Governments at various levels in the giant panda on loan management process, abuse of power, favoritism, given administrative sanctions according to law; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Mentioned in the 16th article of the provisions "above" include the number, "the following" not including the number itself.



17th these provisions come into force on September 1, 2011.

Construction project using woodland audit approval management approach (March 30, 2015 national forestry Council makes 35th,, September 22, 2016 national forestry Council makes 42nd, modified) first article to specification construction project using woodland audit and approval, strictly protection and reasonable using woodland, promote ecological forestry and livelihood forestry development, according to People's Republic of China forest, and People's Republic of China administrative license method, and People's Republic of China forest implementation Ordinance, developed this approach. Second construction project using forest land in these measures refers to in the woodlands of permanent and temporary buildings and structures have been built on, as well as other changes in forest land use of construction behavior.

Include: (a) the exploration and mining of mineral deposits and the construction and occupation of forest land.

(B) the provisional occupation of forest land for the project.

(C) forest management unit within the operating range of woodland built directly to the engineering facilities of the forestry service and occupation of forest land. Third construction project should not or less accounted for woodland, woodland must be used, must conform to the forest protection and utilization planning, reasonable and economical and intensive use of woodland. Using control of total amount of forest land and quota management of construction projects.

Construction project limits using ecological location of important and ecologically fragile areas of woodland, restrictions on the use of natural and high volume per unit area of forest land, limiting commercial construction projects using forest land.

Article fourth occupying construction projects and temporary occupation of forest land shall comply with provisions of the forest classification management: (a) all types of construction projects shall use class I protection forest.

(B) approval, consent of the construction project of the State Council, provincial-level people's Governments and their relevant departments and approved by the relevant departments of the State Council's infrastructure, public utilities, construction projects, you can use the class ⅱ and protected woodlands.
(C) the defence and Foreign Affairs construction projects, you can use the class ⅱ and protected woodlands.

(D) the County (city, district) and city divided into districts, autonomous prefectures and their approved infrastructure, public utilities, construction projects, you can use the class ⅱ and protected woodlands. (E) the emerging industries of strategic projects, exploration projects, large and medium mines, in accordance with the relevant tourism planning of eco-tourism development project, you can use the class ⅱ and protected woodlands.

Other industrial, warehousing and in accordance with the plan of construction project management of projects, you can use the grade III and protected woodlands.

(F) in accordance with the construction projects of urban planning and rural planning of construction projects, you can use the class ⅱ and protected woodlands.

(G) consistent with nature reserves, forest park, Wetland Park, scenic spots, such as planning and construction projects, you can use nature reserve, forest park, Wetland Park, within the scenic area ⅱ level and below to protect forest land. (H) the roads, railways, telecommunications, electricity, oil and gas pipelines, linear projects and Water Conservancy and hydropower, waterways engineering, quarrying of construction project (sediment), soil use forest land-use forest land in accordance with the main construction project scope, but shall use class II protected woodlands in the woodlands.

Among them, all major forest areas in countries designated by the State Council (hereinafter referred to as the key State-owned forest region), above grade shall not be used to protect forest land forest land.

(IX) other construction projects other than this project can use the IV protected woodlands. Second and third in the first paragraph of this article, the seventh construction projects other than forest land-use, you may not use a-level national public welfare forest.

Under special circumstances the State Forestry Administration on specific construction projects using provisions of woodland from its provisions. Article fifth audit rights of the construction and occupation of forest land, according to the People's Republic of China implementation of the forestry law enforcement of the relevant provisions of the Ordinance.

Construction and occupation of forest land, the forestry authorities for examination and approval, the construction units and individuals shall be handled in accordance with the laws and regulations of construction land approval procedures. Sixth construction projects temporary occupation of forest land and forest management units in the business built directly within the woodland to forestry production facilities at the project approval of the occupation of forest land, local people's Governments at or above the county level forestry departments in accordance with the provinces, autonomous regions and municipalities directly under the relevant regulations.

Among them, the construction of key State-owned forest region in the project approved by the Provincial Forestry Department.

Article seventh and occupation of forest land and the temporary occupation of forest land forest land-use applications or individual shall fill in the application form for the forest land-use, while providing the following documentation: (a) land certificate or identity certificate of qualification. (B) documents relating to approved construction project.

Includes: reply reply, approved the feasibility study report, for the record confirmation document, exploration permits and mining permits, preliminary design approval documents belonging to batch item, provided by the relevant people's Government agreed to the batch specifications and plans. (C) intends to use forest-related material. Including: woodland ownership certificate, and woodland ownership certificate schedule or woodland proved; belongs to temporary occupied woodland of, provides with to units and was using woodland of units, and rural collective organization or personal signed of using woodland compensation agreement or other compensation proved material; involved using state-owned forest, State-owned forestry enterprises business of State-owned woodland, provides its belongs competent sector of views material and the with to units with signed of using woodland compensation agreement; belongs to meet nature reserve, and forest park, and Wetland Park, and

Planning of scenic spots such as construction projects, provide relevant plans or materials related to the certificate of accordance issued by the Administrative Department of planning, which relates to the woodland nature reserves and forest parks, provide to the competent authorities or bodies of material.

(D) construction project feasibility report or woodland forest land-use survey tables.

Article eighth built directly for the forest service's forest land-use applications engineering facilities of the forest management unit, should fill out the application form for using forest land, provide relevant approval document or description of the necessity of building engineering facilities, and engineering facilities, use of forest area information description.

Nineth construction projects require the use of forest land, land units or individuals should apply to the woodlands County forestry authorities of the location of; cross-county, respectively, the woodlands is located the County forestry authorities to apply.

Tenth County forestry authorities to complete materials, in line with conditions of forest land-use application shall, within 10 working days of receipt of the application, assign 2 or more staff to conduct on-site inspection, and fill out the forest site identification form. 11th County forestry authorities for construction projects to be used in woodland, in the village of woodland is located (groups), or intending to use the forest land within the forest uses, scope, area, and more publicity, publicity period of 5 working days.

However, in accordance with the provisions of relevant laws and regulations do not require publicity otherwise. 12th forestry authorities in accordance with the provisions of article need to be submitted to the next higher people's Governments review and approval of the construction project, lower-level people's Government forestry departments will preliminary review comments and all the materials submitted to the next higher people's Government forestry authorities.

Reviews should include the following: basic situation of project, intending to use the forest and tree cutting, in line with the situation of woodland protection and utilization planning, forest land-use quotas, as well as on-site inspection, publicity, and so on.

13th article of forestry audit approval authority the application materials are incomplete or do not comply with the statutory format, shall inform the land units or individuals within a one-time written corrections; overdue for the correction is not made, return the application materials. Article 14th present measures stipulated in the third and fourth conditions and in line with State policy, will not have a significant impact on the ecological environment, has the right to audit approval the competent forestry authorities shall make a decision on forest land-use licensing, in accordance with national standards in advance of the forest vegetation recovery after the written decision on approving an administrative license is issued by units or individuals. Does not meet the above criteria, the competent forestry authorities shall make no use of woodland administrative licensing decision, refusing to issue permits to the unit or individual decisions, informed the reason for disapproval.

Has the right to audit approval the competent forestry authorities on land and individual forest land-use applications, should be in the People's Republic of China administrative license law of administrative licensing decisions are made within the stipulated period. 15th construction projects require the use of forest land, land units or individuals should apply for. Breaking up, avoiding forest land use review and approval is strictly prohibited.

Construction has made clear in the project approval document stage or piecewise construction project, under subparagraph or implementing arrangements, in accordance with the provisions of permission to apply for forest land-use procedures.

Mine covers the whole scope of the project determined, rolling development, can develop in stages in accordance with the provisions of permission to apply for forest land-use procedures.

Road, railway, water conservancy and hydropower construction projects supporting resettlement and special facilities construction, respectively the specific construction projects, permission to apply for forest land-use procedures according to regulations. Need State or State about sector approved of highway, and railway, and oil and gas pipeline, and water hydropower, construction project in the of bridge, and tunnel, and cofferdam, and diversion (Canal) hole, and entry road and transmission facilities, control sex monomer engineering and supporting engineering, according to about carried out early work of approval, can by provincial forestry competent sector handle control sex monomer engineering and supporting engineering first using woodland audit procedures.

Overall project applications shall be attached with the single projects and supporting projects of forest land-use permits and applications, permission to apply for forest land-use procedures according to regulations.

16th national or provincial roads, railway across multiple cities (counties), has completed the materials and start conditions for approval, units of prefecture-level cities, by a Government Forestry Department segment of the overall project audit privilege auditing.

Large and medium hydropower project dam site, area, respectively, by the local forestry authorities with overall program review permissions departments audited.

17th roads, railways, power transmission lines, oil and gas pipeline construction project of water conservancy and hydropower, waterways and temporary occupation of forest land, based on construction progress, once or in batches by the competent forestry authorities with overall project approval authority approving the provisional occupation of forest land. 18th, emergency rescue and disaster relief, much-needed forest land-use and construction projects, according to the relevant provisions of laws and regulations on land administration may initially use forestland. Land unit or individual shall, within 6 months following the disaster made use woodlands audit procedures.

Belonging to temporary sites, post-disaster recovery of forestry production conditions, compensation according to law after the restore forest users, not for land approval procedures.

19th construction project due to design changes and other reasons for increased use of forest area, according to rules rights for land audit approval; use the woodland location needs to change or reduce the use of forest area, to the former auditing and approval authorities apply the change. 20th road, railway, water conservancy and hydropower, channel construction project, such as a temporary occupation of forest land remains to be used after the expiry of the approval period shall be 3 months before the date of expiry, by land units apply to the approval authority to extend temporary occupation and providing this seventh article provides material on compensation.

Original examination and approval organs shall be reviewed in accordance with the conditions laid down in this way, making the continuation of administrative licensing decision. 21st the State shall protect the lawful rights and interests of forest property rights. Construction project of forest land-use, units and individuals should be forests, trees and forest land shall be subject to compensation.  

22nd construction projects after the expiry of the temporary occupation of forest land, land should be restored to be used within one year of woodland forest conditions.

The County forestry authorities should strengthen supervision of land use forest lands, urged the land recovery forest conditions.

Article 23rd superior competent forestry authorities may authorize subordinate competent forestry authorities use the forest for construction projects the implementation of administrative licensing.
24th by the examination and approval of construction projects that use forest, after approval in accordance with the relevant provisions, forestry authority of the people's Governments above the county level shall timely change management archives of forest land.

25th upon approval of forest land-use projects, written decision on approving an administrative license is valid for two years. Construction projects during the term without obtaining the approval of construction land, land should be submitted to the original examination and approval authority before the expiry of 3 months extension of the application, the original examination and approval authorities shall, on the written decision on approving an administrative license is made before the expiry of the decision whether or not to grant an extension.

Construction projects during the term without obtaining the approval of construction land without applying for an extension, written decision on approving an administrative license is invalid.

26th article of the forest land-use application form, of the forest land-use check list form, prescribed by the State Forestry Bureau.

27th article this way called ⅰ, ⅱ, ⅲ, ⅳ protected woodlands, refers to the basis of woodland protection and utilization planning of the people's Government above the county level to determine woodland.

National public welfare forest in these measures refers to according to the State Forestry Bureau, established by the relevant provisions of the Ministry of public welfare forest.

28th article of the referred to "above" contains the number "below" is not included in this number. 29th these measures come into force May 1, 2015. State Forestry Administration on January 4, 2001, January 25, 2011, to modify the expropriation and requisition of forest land occupied and approval of regulations repealed simultaneously.

Related Laws