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Law on the conservation of forests and the promotion of forestry

Original Language Title: Gesetz zur Erhaltung des Waldes und zur Förderung der Forstwirtschaft

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Law on the conservation of forests and the promotion of forestry (Bundeswaldgesetz)

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BWaldG

Date of completion: 02.05.1975

Full quote:

" Bundeswaldgesetz vom 2. Mai 1975 (BGBl. 1037), as last amended by Article 1 of the Law of 31 July 2010 (BGBl. I p. 1050).

Status: Last amended by Art. 1 G v. 31.7.2010 I 1050

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 3.8.1984 + + +) 

First chapter
General provisions

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§ 1 Legislative purpose

The purpose of this Act is in particular:
1.
the forest because of its economic benefits (utility function) and its importance for the environment, in particular for the permanent performance of the natural budget, the climate, the water balance, the clean air, the soil fertility, to preserve the landscape, the agricultural and infrastructure and the recovery of the population (protection and recovery function), if necessary, to increase and ensure the sustainable management of the landscape,
2.
promote forestry and
3.
to strike a balance between the interest of the general public and the interests of the forest owners.
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§ 2 Forest

(1) Forest within the meaning of this Act is any base area besto-planted with forest plants. The forest also includes clearcut or uncovered land, forest paths, forest cover and security strips, forest bless and clearings, forest meadows, wild roofs, wooden storage sites as well as other forest-related and serving for it. Areas. (2) No forest within the meaning of this law are
1.
base areas on which tree species are planted with the aim of holding a holding in a short time and whose stocks have a transfer time of no more than 20 years (short rotation plantations),
2.
Areas with trees that are at the same time the cultivation of agricultural products (agroforestry use),
3.
areas planted with forest plants on 6 August 2010 in the area referred to in § 3 sentence 1 of the InVeKoS Regulation of 3 December 2004 (BGBl. 3194), as last amended by Article 2 of the Regulation of 7 May 2010 (eBAnz AT51 2010 V1), the area identification system referred to as agricultural land is covered as long as its agricultural use continues. and
4.
smaller areas in the corridor or in the built-up area, which are stocked with individual groups of trees, rows of trees or with hedges or are used as tree nurseries.
(3) Countries may apply other land to the forest and take out Christmas tree and jewelry crops as well as parks belonging to the living area from the term forest concept. Unofficial table of contents

§ 3 Type of forest ownership

(1) State forest within the meaning of this law is forest, which is the sole property of the federal government, a country or an institution or foundation under public law, as well as forest in the co-ownership of a country, insofar as it is according to national law as (2) The forest within the meaning of this law is forest, which is the sole property of the municipalities, the municipal associations, the special purpose associations and other bodies of public law; except the forest of Religious communities and their institutions, as well as of real associations, Hauberggenossenschaften, Markgenossenschaften, Gehöferschaften und Similar Communities (Community forests), insofar as it is not considered according to national regulations as a forest forest. (3) Private forest in the sense of this law is forest, who is neither a state forest nor a body forest. Unofficial table of contents

§ 4 Forest Owner

Forest owners within the meaning of this law are the owner of the forest and the authorized user, provided that this is the direct owner of the forest.

Second chapter
Conservation of the forest

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§ 5 Rules applicable to national legislation

The provisions of this Chapter are framework provisions for national legislation. Countries shall, within two years of the entry into force of this Act, adopt the provisions of this Chapter, including appropriate compensation schemes, or adapt existing provisions.

Section I
Forestry framework planning and safeguarding of the functions of the forest in planning and measures of public projects

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§ § 6 and 7 (omitted)

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§ 8 Securing of the functions of the forest for planning and measures of public-project promoters

In the case of planning and measures which may involve the use of forest areas or which may affect forest areas, public projects shall be carried out by public undertakings,
1.
Take due account of the functions of the forest in accordance with § 1 no. 1;
2.
to inform and consult the authorities responsible for forestry in the preparation of the plans and measures, unless a different form of participation is required under this Act and other provisions.

Section II
Conservation and management of the forest, initial afforestation

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§ 9 Conservation of the forest

(1) Forest must be cleared and converted into another type of use only with the authorisation of the competent authority in accordance with national law (conversion). In deciding on a request for conversion, the rights, duties and economic interests of the forest owner, as well as the concerns of the general public, must be weighed against each other and among themselves. The authorisation should be denied if the conservation of the forest is predominantly in the public interest, in particular if the forest is responsible for the performance of the natural budget, forestry production or the recovery of the population. (2) A conversion of forest can also be authorised for a certain period of time, subject to conditions ensuring that the land is re-afforested properly within a reasonable period of time (3) The countries may decide that the conversion
1.
no authorisation under paragraph 1 is required if a different type of use has been established in respect of the forest area pursuant to other public-law provisions;
2.
may be subject to further restrictions or, in particular in the case of forest protection and recreational forest, shall be prohibited.
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§ 10 First-time afforestation

(1) The initial afforestation of areas shall be subject to the authorisation of the competent authority in accordance with national law. Authorisation may only be denied if the requirements of spatial planning and land planning are contrary to afforestation and cannot be complied with by conditions. Section 9 (1) sentence 2 shall apply mutas. (2) The Länder may determine that the initial afforestation shall be
1.
No authorisation shall be required if the afforestation has been fixed legally binding on an area under other public-law provisions or if the requirements of regional planning and regional planning are not affected;
2.
may be subject to further restrictions or to be prohibited.
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Section 11 Management of the forest

(1) The forest is to be managed properly and sustainably within the framework of its purpose. By country law, at least the obligation for all forest owners to regulate, crushed forest land or cleared forest holdings within a reasonable period of time
1.
reforestation or
2.
, in so far as the natural repleniation remains incomplete,
if the conversion is not authorised or is otherwise permitted in another type of use. (2) Management shall be
1.
the function of the forest as an archive of natural and cultural history as well as
2.
In the case of parks, gardens and cemeteries, the interests of the conservation sector
be appropriately taken into account. Unofficial table of contents

§ 12 Protection forest

(1) Forest can be declared a protected forest where it is necessary to carry out or refrain from certain forestry measures in order to prevent or prevent hazards, major drawbacks or major nuisances to the general public. The declaration on protective forest is particularly suitable for the protection against harmful environmental effects within the meaning of the Federal Immission Protection Act of 15 March 1974 (Bundesgesetzbl. 721), erosion by water and wind, desiccation, harmful draining of precipitation water and avalanches. § 10 of the Federal Road Traffic Act and § 51 (1), first sentence, point 3 of the Water Resources Act remain unaffected. (2) A declaration on the protection forest referred to in paragraph 1 does not require the protection of the property directly on the basis of the national law. (3) A first-class ballot or a light-building which is equivalent to that in effect shall require the authorisation of the competent authority according to the law of the country. The authorisation may be subject to conditions as far as this is necessary for the preservation of the functions of the forest. (4) The more detailed rules are laid down by the countries. They can oblige the owner of the forest to refrain from or carry out certain measures in the forest forest by passing on further regulations. Unofficial table of contents

§ 13 Recovery forest

(1) Forest can be declared a recreational forest if it requires the good of the general public to protect, maintain or shape forest areas for the purposes of recreation. (2) The more detailed rules are laid down by the countries. They may in particular lay down provisions on:
1.
the management of the forest by type and scope;
2.
the restriction of hunting exercise for the protection of forest visitors;
3.
the obligation of forest owners to tolerate the construction, construction and maintenance of paths, benches, shelters and similar installations or facilities and the disposal of disruptive installations or facilities;
4.
the behaviour of the forest visitors.
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Section 14 Entry into the forest

(1) Entering the forest for the purpose of recreation is permitted. Cycling, driving with nurseries and riding in the forest is only permitted on roads and roads. The use is at your own risk. This applies in particular to typical forest hazards. (2) The countries regulate the details. You can enter the forest for important reasons, in particular forest protection, forest or game management, protection of forest visitors or to avoid significant damage or to protect other legitimate interests of the forest. Forest owners, restrict and equate other types of use in whole or in part.

Third chapter
Forest economic groupings

Section I
General provision

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Section 15 Types of forestry confederations

Forestry groupings within the meaning of this Act are recognised Forestry Communities (Section II), Forestry Associations (Section III) and Recognised Forestry Associations (Section IV).

Section II
Forestry communities

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§ 16 Term

Forestry communities are private associations of landowners with a view to improving the management of the forest land and the land used for afforestation (land), in particular: to overcome the disadvantages of small area size, unfavourable surface area, the fragmentation of the ownership, the level of the congregation, the inadequate forest breakdown, or other structural defects. Unofficial table of contents

Section 17 Tasks of the Forestry Community

The forestry operating community must have at least one of the following measures:
1.
the coordination of operational plans or operational reports and of the economic plans and of the individual forestry projects;
2.
the coordination of projects and sales of timber or other forestry products which are essential for the production of forestry;
3.
Implementation of forest crops, soil improvements and existing work, including forest protection;
4.
Construction and maintenance of paths;
5.
Carrying out the logging, woodworking and woodworking;
6.
Procurement and use of machinery and equipment for several of the measures taken together under points 2 to 5.
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Section 18 Recognition

(1) A forest management community shall be recognised on application by the competent authority in accordance with the law of the country if it meets the following conditions:
1.
It must be a legal person of private law;
2.
it must make possible a substantial improvement in the management of the land by size, location and relationship of all the connected land;
3.
the articles of association or the social contract must contain provisions relating to:
a)
the task;
b)
the financing of the task;
c)
the right and duty of the Forestry Community to ensure the performance of the task;
d)
Administrative or contractual penalties in the event of culpable breach of essential membership obligations;
e)
the obligation on Members to provide for sale, in whole or in part, the timber intended for sale by the Forestry Community, provided that it is responsible for the sale of timber.
4.
If the legal form of the cooperative or of the legally competent association is chosen with an economic business operation, the statutes must also determine:
a)
the conditions for the acquisition and loss of membership, whereby the membership may be terminated at the earliest at the end of the third full financial year and the period of notice must be at least one year;
b)
the institutions, their tasks and the nature of the decision-making process. Whereas it must be determined that decisions on the nature and extent of the forestry measures to be carried out and on common rules of sale, unless the decision on the basis of the Statute is granted to the Management Board, by the General or the General Assembly and require a majority of two-thirds of the votes;
5.
if the legal form of a capital company is chosen, it must be ensured that the shareholders pursue the task jointly for at least three full financial years;
6.
it must include at least seven members;
7.
it must have a substantial competition on the timber market.
(2) The obligation referred to in paragraph 1 (3) (e) shall not apply to the quantity of wood for which members have concluded purchase contracts prior to their accession; they shall have the forestry operating community on the scale and duration of these contracts prior to accession. (3) Belonging to a community forestry community, it may be recognised if it comprises less than seven members. Unofficial table of contents

Section 19 conferment of legal capacity on clubs

If the forsteconomic concentration has chosen the legal form of the legal association with economic business operations, it can, at the same time, by the competent authority for the recognition of recognition, the legal capacity of the association according to § 22 of the Civil Code. Unofficial table of contents

Section 20 Revocation of recognition

The competent authority in accordance with the law of the country may revoke the recognition if a condition for recognition is no longer available or if the forest management community has not fulfilled its task during a longer period of time or if it has not fulfilled its task inadequately.

Section III
Forest management associations

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§ 21 Concept and Task

(1) Forestry associations are associations of property owners in the form of public law bodies pursuing the purpose referred to in § 16. (2) For the purpose of the task, § 17 shall apply mutagenously. It cannot be extended to the Community implementation of uniform operating plans. Unofficial table of contents

Section 22 Conditions for the formation of a forest management association

(1) A forest management association may be formed only for areas which are structurally particularly unfavourably structured. (2) Further conditions are that:
1.
the concentration by size, location and relationship of the relevant land makes it possible to achieve a substantial improvement in the management of the land;
2.
the concentration allows for a substantial competition on the timber market;
3.
at least two-thirds of the property owners, who represent at least two-thirds of the area, agree to education;
4.
a request addressed to all the property owners concerned to establish a forestry community (Section II) in accordance with the law of the country, without any success.
(3) In the case of the request referred to in paragraph 2, point 4, the Authority shall set a time limit. The period shall normally be one year and shall not exceed two years. (4) Land intended for or intended for special public purposes may be used only with the consent of the users of the land. Forest management association are included. Unofficial table of contents

Section 23 Formation of a forest management association

(1) In order to form a forest management association, the competent authority in accordance with the law of the country shall hold an introductory meeting, draw up a draft statutes and a preliminary list of the land concerned and their owners, and shall convene the (2) The statutes require the approval of the competent authority according to the law of the country. (3) The Forestry Association is established with the public announcement of the statutes. (4) The State Governments are authorized to provide details of the Foundation procedure, approval and publication of the statutes by Regulation of the law. The state governments can transfer this authorisation to the supreme state authorities. Unofficial table of contents

§ 24 Membership

(1) The members of a forest management association shall be the owners of the land concerned. If a person other than the owner is entitled to use it, he/she may, with the consent of the owner, assume the rights and obligations of the owner for the duration of his right of use. The acceptance of the rights and obligations is to be explained in writing to the Forestry Association as well as the agreement of the owner. (2) The Articles of Association may allow the accession of further members. Unofficial table of contents

Section 25 Statute

(1) The Articles of Association shall be adopted by the members with the majority referred to in Article 22 (2) (3). (2) The Statutes of the Forest Operations Association shall contain provisions on:
1.
its name and its seat;
2.
its task;
3.
the rights and obligations of Members;
4.
the voting rights of Members;
5.
its Constitution, its administration and its representation;
6.
the scale of the relocations and the basis for assessment of contributions;
7.
the budgetary, economic and treasury management and accounting;
8.
the use of the assets at the dissolution of the Forestry Service.
(3) The provisions of Section 18 (1) (3) (e) and (2) shall apply accordingly. Unofficial table of contents

Section 26 Institutions of the Forestry Association

The members of the Forestry Management Association are the Association Assembly, the Board of Directors and, if it provides for the Articles of Association, the Committee on the Association of Forestry. Unofficial table of contents

§ 27 Tasks of the Association Assembly

The association meeting elects the board of directors and its chairman. It shall decide on:
1.
the level of the lees and contributions;
2.
the budget, the annual accounts and the use of the proceeds;
3.
the discharge of the Executive Board;
4.
the amendment of the Statute;
5.
the acquisition, sale and loading of land by the Forestry Industry Association;
6.
the dissolution of the Forest Operations Association;
7.
the matters assigned to it in the Statute.
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Section 28 Presidency of the Association Assembly, convening and voting ratio

(1) The Chairman of the Executive Board shall be chaired by the Chairman of the Board of the Association. (2) The Chairman shall convene the Assembly of the Union at least once a year. It must be convened if it is requested in writing by at least two tenths of the members or by the supervisory authority, indicating the agenda. (3) The voting rights of the members shall be based on the size of their land in the statutes . Each member shall have at least one vote. No Member may have more than two-fifths of the total votes. The Assembly of the Union shall act by a majority of the votes cast, unless otherwise provided in this Act or in the Statute. Unofficial table of contents

§ 29 Board of Management

(1) The Management Board of the Forestry Management Association shall consist of the Chairman and at least two other members. (2) The Management Board shall carry out the operations of the Association. He represents him in court and out of court. Unofficial table of contents

Section 30 Committee on the Union

It may be determined in the statutes that a Committee of the Union shall be constituted. This may be attributed in the statutes of lesser importance to decision-making, without prejudice to § 27. In addition, it can be determined that the Committee on the Management of certain administrative tasks of the Executive Board is involved. Unofficial table of contents

Section 31 Amendment of the Articles of Association

(1) In the event of an amendment to the Articles of Association, the Assembly shall decide by a majority of at least two-thirds of the votes of all members. (2) The amendment of the statutes shall be subject to the authorisation of the competent authority of the State. The amendment shall take effect with its public notice. Unofficial table of contents

Section 32 Departure of land

(1) Land, whose forestry use or destination changes definitively on the basis of a piece of legislation or an administrative order or permission, shall leave the forest forest with the termination of the conversion. (2) In the other requirements for the withdrawal of a land from the forest of the forest of the authorisation of the competent authority in accordance with the law of the country. Authorisation may only be granted if there is an important reason. It is to be refused if the departure would jeopardie the implementation of the task of the Forest Operations Association. For the land referred to in Article 22 (4), the authorization shall be granted if the persons entitled to use it require it. Unofficial table of contents

§ 33 Reposition, Contributions

(1) The Forestry Management Association shall collect a levy from the members, provided that its other revenue is not sufficient to cover its financial needs. The transfer is to be calculated on a regular basis according to the size of the land belonging to the Forestry Association. Another benchmark may be used if this is appropriate. (2) The Forestry Management Association may make contributions from the members for specific purposes or services. Unofficial table of contents

§ 34 Supervision

(1) The Forestry Management Association shall be subject to the supervision of the competent authority under national law. It shall require the approval of the supervisory authority
1.
for the sale and loading of land and the same rights;
2.
on the taking-up of loans and on the taking-over of guarantees.
(2) In addition, the supervision of the Forestry Association is determined according to national law. The State Governments are empowered to regulate in detail the powers of the supervisory authority by means of a regulation; they may delegate these appropriations to the supreme state authorities. Unofficial table of contents

§ 35 Directory

The Forestry Association maintains a list of the land involved, the owners and their voting rights. The state governments are authorized to determine by means of a legal regulation more information about the installation and management of the directory of the association. The state governments can transfer this authorisation to the supreme state authorities. Unofficial table of contents

§ 36 Resolution of the Forestry Association

(1) The Association Assembly may decide by a majority of at least three quarters of the votes of all the members the dissolution of the Forest Operations Association. (2) The decision shall require the approval of the authority responsible under national law.

Section IV
Forestry associations

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§ 37 Concept and Task

(1) Forestry associations are private-sector associations of
recognised forest management communities,
Forest management associations or
Forestry cooperatives or similar associations, including the Community forests, formed in accordance with national law
(2) Forestry associations may have only the following measures to be taken:
1.
information and advice to Members and participation in the forestry framework;
2.
coordination of the paragraph;
3.
market-oriented processing and storage of the products;
4.
the marketing of the products of the members;
5.
Procurement and use of machines and equipment.
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§ 38 Recognition

(1) A forestry association shall be recognised on application by the competent authority in accordance with the law of the country, provided that it meets the following conditions:
1.
It must be a legal person of private law;
2.
it must be appropriate for the adjustment of forestry production and the marketing of forestry products in a sustainable way;
3.
their articles of association or their social contract must contain provisions on:
a)
their task;
b)
the financing of the task;
4.
it must have a substantial competition on the timber market.
(2) The competent authority under national law may authorise the accession of individual landowners who cannot be a member of a forest management association or a forestry service association to the forestry association. (3) § § 19 and 20 shall apply accordingly.

Section V
Supplementary provisions

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§ 39 Other concentrations in forestry

(1) The provisions of the Regulation on the formation of economic concentrations in the forestry sector of 7 May 1943 (Reichsgesetzbl. 298) Forestry associations formed are the same as those of forestry associations, unless their purpose is limited to the recruitment of personnel. (2) In so far as the forestry associations referred to in paragraph 1 do not comply with their statutes, the associations of forestry associations are not responsible for the Provisions of the Law on forestry mergers of 1 September 1969 (Federal Law Gazette). 1543), as last amended by the Introductory Act on the Penal Code of 2 March 1974 (Bundesgesetzbl. 469), the competent authority in accordance with the law of the country may adopt a statutes in accordance with § 25. (3) The forestry associations of private law, which have so far been recognized under national law, shall be subject to the shall be the same until they are expressly recognised in accordance with Section 18, but at the latest four years after the entry into force of this Act. The same shall apply to non-formally recognised associations of private law and to landowners who have concluded contracts with a forestry authority on Community support, provided that the competent authority of the country is established by the competent authority of the State, that they have hitherto fulfilled at least the requirements of § 17 and § 18 (1) Nos. 2, 6 and 7 and are worthy of support. (4) In addition, the national regulations concerning concentrations in forestry remain unaffected. Unofficial table of contents

§ 40 Liberation of provisions of the Act against restrictions on competition

(1) § 1 of the Act against restrictions on competition does not apply to decisions of associations of forestry-based producers, of recognised forestry associations, of forestry associations and of forestry Associations in so far as they relate to forestry production and the sale of forestry products. The same applies to the forestry cooperatives and similar associations in forestry, which are formed in accordance with national law, provided that they have a substantial competition on the timber market. (2) (3) In addition, the provisions of the Act shall remain applicable to the members of the Forestry Association, which is recognised as having regard to the provisions of this law. Competition restrictions. (4) As associations Forestry producers are to be regarded as forestry cooperatives, forestry cooperatives, forest associations, confederations of property and similar associations, the circle of which does not substantially cover the territory of a producer. (a) a joint or a municipality which has been or has been set up for the purposes of Community implementation of forestry measures.

Fourth chapter
Promotion of forestry, information to be provided

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Section 41 Promotion

(1) The forestry sector shall be publicly funded in accordance with § 1 on account of the utility, protection and recreational functions of the forest. (2) The promotion shall in particular be aimed at securing the general conditions for the economic viability of investments. on the conservation and sustainable management of the forest. To this end, the forestry sector, taking account of its specific natural and economic characteristics, must, above all, be able to use the resources of economic, transport, agricultural, social and fiscal policy to be able to set up the forest under the austerity of the forest. (3) The Federal Government shall report to the German Bundestag in the report according to § 4 of the Agricultural Law of 5 September 1955 (Federal Law Gazette). 565) on the basis of the economic results of the State Forest Administrations and the Forestry Statistics on the situation and development of forestry and the structure of the timber industry in the Federal territory, as well as on the Forestry measures. This report also covers the pressures arising from the protection and recovery function. (4) The Federation participates in the financial support of forestry under the Act on the Community Task " Improvement of the agricultural structure and coastal protection " of 3 September 1969 (Bundesgesetzbl. 1573), as amended by the Law amending the Laws on the Community Tasks of 23 December 1971 (Bundesgesetzbl. 2140). (5) State grants may be granted on the basis of the law referred to in paragraph 4:
1.
Forestry cooperatives within the meaning of this Act and other alliances in forestry equivalent to those referred to in § 39, as well as the public forestry cooperatives and similar bodies established in accordance with national law Concentrations, including Community forestry, provided that their purpose is to improve the production of forestry or to promote the marketing of forestry products, and that they have a significant competitive effect on the the timber market;
2.
Holders of agricultural or forestry holdings or landowners, in so far as their forestry projects are not supported by forestry cooperations.
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Section 41a Walderhebungen

(1) In order to fulfil the functions of this Act and to implement legal acts of the European Union or agreements binding under international law within the scope of this Act, and subject to the provisions of paragraph 3, every ten years shall be subject to: to carry out the entire Federal territory-related forestry large-scale inventory on a sample basis (Bundeswaldinventur). It is intended to provide an overall view of the large-scale forest conditions and forest production facilities. The measurements and descriptions of the forest condition (basic data) required for this purpose shall be carried out in accordance with a uniform procedure. In this connection, the use of the basic data is also to be taken into account in the context of the observation in accordance with § 6 of the Federal Nature Protection Act. (2) The Länder collect the basic data referred to in paragraph 1; the Federal Ministry of Food, Agriculture and Food The Federal Ministry of Food, Agriculture and Rural Development collects and evaluates consumer protection. (3) The Federal Ministry of Food, Agriculture and Consumer Protection is responsible for the fulfilment of reporting obligations that are based on binding international legal agreements to protect the climate. Consumer protection as far as necessary in the years between two federal forest inventories Data relating to the supply of carbon in the forest. (4) The persons responsible for the preparation and implementation of the forestry surveys referred to in paragraphs 1, 3 and in the legal regulations referred to in paragraph 6 shall be entitled to carry out their tasks (5) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to enter into this land by means of a legal regulation with the consent of the Federal Ministry of Food, Agriculture and Consumer Protection. Federal Council for more detailed rules on the Bundeswaldinventur (6) The Federal Ministry of Food, Agriculture and Consumer Protection may, with the consent of the Federal Council, provide for data to be provided by the Federal Ministry for Food, Agriculture and Consumer Protection
1.
on the supply of nutrients and pollution of the forest soils (ground state survey),
2.
on the vitality of forests,
3.
on impact links in forest ecosystems
, by laying down detailed rules on the date, the procedures to be followed and the basic data to be determined. In the case of a legal regulation referred to in the first sentence, paragraph 2 shall apply accordingly. Unofficial table of contents

§ 42 obligation to provide information

(1) Natural and legal persons and non-legal persons ' associations shall, on request, provide the competent authorities with the information necessary for the enforcement of the law by this law or by reason of this law. (2) The person responsible for providing the information may refuse to answer such questions, the answers to which he or she himself or one of the members of the danger referred to in § 383 (1) to (3) of the Civil Procedure Code criminal prosecution or proceedings under the law on administrative offences by default. Unofficial table of contents

Section 43 Violation of the obligation to provide information

(1) An administrative offence is, who intentionally or negligently does not give an information, not correct, not complete or not in good time, contrary to § 42 (1). (2) The administrative offence can be punished with a fine of up to ten thousand euros. .

Fifth chapter
Final provisions

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§ 44 General administrative provisions

With the consent of the Federal Council, the Federal Ministry of Food, Agriculture and Consumer Protection shall adopt the general administrative provisions necessary for the implementation of Sections 15 to 40 and 41a. Unofficial table of contents

Section 45 Application of the law in special cases

(1) On land for the purposes of:
1.
the defence, including the protection of the civilian population,
2.
the Federal Police, or
3.
of civil aviation
, the national provisions adopted pursuant to Articles 6, 7 and 9 to 13 of this Act shall apply only in so far as this does not adversely affect the intended use. (2) In the case of projects for the purposes referred to in paragraph 1 (1) and (2), the (§ 9), a surface area for the first time (§ 10), protection forest (§ 12) or recreational forest (§ 13) for the purposes referred to in paragraph 1 (1) and (2) shall be used, the higher forestry authority shall be listen. If it is necessary to depart from the opinion of this authority, the competent Federal Ministry shall, in agreement with the Federal Ministries involved and in consultation with the competent national authorities, decide on this matter. State authority. If a hearing procedure is carried out in accordance with § 1 of the German Land procurement law, § 1 of the German Protection Area Act or Section 30 (3) of the Aviation Act, the forestry requirements in this procedure are to be discussed in conclusion. (3) Federal authorities and the Federal Government Federal bodies, institutions and foundations of public law have the provisions of § 8 in the case of planning and measures which provide for the use of forest areas or which may affect forest areas in their effects. (4) The provisions of paragraphs 1 and 2 shall not apply in the Land of Berlin. Unofficial table of contents

Section 46 Amendment of provisions

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§ 47

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Section 48 Entry into force, repeal of provisions

(1) This Act shall enter into force on the day after the date of delivery. (2) At the same time, the following provisions shall not apply:
1.
the law on forestry mergers of 1 September 1969 (Federal Law Gazette I, p. 1543), as last amended by the Introduction Act of 2 March 1974 on the Penal Code (Bundesgesetzbl. 469);
2.
The regulation on the promotion of forestry and pastureland from 7 February 1924 (Reichsgesetzbl. 50);
3.
the law against forest ravages of 18 January 1934 (Reichsgesetzbl. 37), as amended by the Introductory Act on the Law on Administrative Offences of 24 May 1968 (Bundesgesetzbl. 503);
4.
The Regulation on the prevention and control of forest fires in the forests not owned by the Reich or the Länder of 18 June 1937 (Reichsgesetzbl. 721);
5.
The regulation on the promotion of timber production from 30 July 1937 (Reichsgesetzbl. 876).