Law For The Conservation Of The Forest And To 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 issue: 02.05.1975

Full quote:

" Bundeswaldgesetz vom 2. May 1975 (BGBl. 1037), as last amended by Article 1 of the Law of 31 December 1991. July 2010 (BGBl. I p. 1050) "

:Last modified by Art. 1 G v. 31.7.2010 I 1050

For details, see the Notes

Footnote

(+ + + text evidence application: 3.8.1984 + + +) menu

First chapter
General rules

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§ 1 Purpose of law

Purpose of this law is, in particular,
1.
the forest because of its economic Use (utility function) and its importance for the environment, in particular for the permanent performance of the natural environment, the climate, the water balance, the clean air, the soil fertility, the landscape, the agricultural and infrastructure and the recovery of the population (protection and recovery function), if necessary, to increase and ensure its proper management sustainably,
2.
promoting forestry and
3.
balancing the interest of the general public and the To bring about the concerns of forest owners.
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§ 2 forest

(1) Forest in the sense of this law is each with forest plants the size of the floor. The forest also applies to clearcut or congested land, forest paths, forest cover and security strips, forest bless and clearings, forest meadows, wild roofs, wooden storage sites as well as other areas connected to the forest and serving it.(2) No forest within the meaning of this law are
1.
Basic areas on which tree species with the aim of baling For example, if the collection is planted and the stock of which is not longer than 20 years old (short rotation plantations),
2.
Surfaces with trees that are at the same time serve the cultivation of agricultural products (agroforestry use),
3.
with forest planted areas, which are on the 6th floor. August 2010 in the third sentence of the InVeKoS Regulation of 3 June 2010. December 2004 (BGBl. 3194), as last amended by Article 2 of the Regulation of 7 June 1994. May 2010 (eBAnz AT51 2010 V1) has been amended, designated area identification system as agricultural land, as long as its agricultural use continues and
4.
in the corridor or in the built-up area, smaller areas that are bricked with individual tree groups, rows of trees or with hedges or are used as nurseries.
(3) The countries can add 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. Non-official table of contents

§ 3 forest ownership type

(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 a forest in the co-ownership of a country, insofar as it is considered to be a state forest under national law.(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 for the forest of religious communities and whose institutions, as well as of real associations, Hauberggenossenschaften, Markgenossenschaften, Gehöferschaften and similar Communities (Community forests), insofar as it is not considered to be a national law in accordance with national law.(3) Private forest within the meaning of this law is forest, which is neither a state forest nor a forest. Non-official table of contents

§ 4 forest owners

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

Second chapter
Conservation of the forest

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§ 5 Rules for State Legislation

The provisions of this chapter are framework provisions for national legislation. Within two years from the date of entry into force of this Act, the Länder shall adopt the provisions of this Chapter, including appropriate compensation schemes, or adapt existing rules. name="BJNR010370975BJNG000300319 " />

Section I
Forestry framework planning and safeguarding of the functions of the forest for planning and actions of public projects

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§ § 6 and 7 (omitted)

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§ 8 Safeguarding of the functions of the forest for planning and actions of public-sector projects.

The public projects are subject to planning and measures which provide for the use of forest areas or which have an impact on the use of forest areas.
1.
appropriate to the functions of the forest according to § 1 Nr. 1.
2.
to inform and consult the authorities responsible for forestry in the preparation of the plans and measures, unless: in accordance with this law and other rules, a different form of participation is required.

Section II
Preservation and management of the forest, initial afforestation

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§ 9 Preservation of the forest

(1) Forest must be cleared only with the permission of the authority responsible under national law and into a other mode of use (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. is essential.(2) A conversion of forest may also be authorised for a certain period of time, subject to conditions ensuring that the property is re-afforested properly within a reasonable period of time.(3) Countries may determine that the transformation
1.
does not require approval pursuant to paragraph 1, if: the forest area has been found to be legally binding on the basis of other public-law provisions;
2.
other restrictions , or, in particular in the case of protection and recovery forest, shall be prohibited.
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§ 10 Initial afforestation

(1) Initial afforestation of land requires the approval of the authority responsible under 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), second sentence, shall apply accordingly.(2) Countries may determine that the initial afforestation
1.
does not require approval if a area under other rules of public law the afforestation has been legally binding or is not affected by requirements of regional planning and regional planning;
2.
Subject to further restrictions or forbidden.
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§ 11 Management of the forest

(1) The forest is to be managed properly and sustainably within the framework of its intended purpose. By country law, at least the obligation for all forest owners to regulate, crushed forest land or exposed forest holdings within a reasonable period of time
1.
reforst or
2.
to the extent that the natural replenisher is incomplete
if the conversion has not been approved or is otherwise permitted in another type of use.(2) In the case of management,
1.
the function of the forest as an archive of the history of nature and culture as well as
2.
in the case of parks, gardens and cemeteries, the interests of the preservation of monuments
are taken into account appropriately. Non-official table of contents

§ 12 protection forest

(1) forest can be declared a protected forest when it is designed to prevent or prevent hazards, significant Disadvantages or major annoyances for the general public are necessary to carry out or refrain from certain forestry measures. 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 shall not be required if the guardian's forest property is given directly on the basis of national legislation.(3) A first-class ballot or a light-building equivalent in effect shall be required in the protective forest for the approval of the authority responsible under national law. 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. Non-official table of contents

§ 13 Recreation forest

(1) Forest can be declared a recovery forest if it requires the good of the general public, Protect, maintain or design forest areas for purposes of recreation.(2) The more detailed rules are laid down by the countries. In particular, they may adopt rules on
1.
the management of the forest by type and Scope;
2.
restriction of hunting exercise to protect forest visitors;
3.
the Obligation of forest owners to tolerate the construction, construction and maintenance of paths, benches, shelters and similar facilities or facilities and the disposal of disruptive installations or facilities;
4.
the behavior of the forest visitors.
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§ 14 Enter the Waldes

(1) Access to the forest for recreation purposes 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) Countries shall determine the details. You can enter the forest for important reasons, in particular forest protection, forest or game management, protection of the forest visitors or to avoid significant damage or to protect other legitimate interests of the forest

chapter
Forestry Federations

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Section I
General Procedure

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§ 15 Types of Forestry groupings

the meaning of this Act are recognised forestry associations (Section II), Forestry Associations (Section III) and Recognised Forestry Associations (Section IV).

Section II
Forestry Communities

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§ 16 Term

Forest farming communities are private associations of landowners who pursue the purpose, the management of the connected forest areas and the purpose of afforestation. To improve the properties of the land (land), in particular to overcome the disadvantages of small area size, unfavourable surface form, the fragmentation of the property, the scale of the walls, the inadequate forest closure, or other structural defects. Non-official table of contents

§ 17 Tasks of the Forestry Management Community

The forest management community must take at least one of the following measures: Task:
1.
Voting of the operational plans or operational reports and the economic plans, and the each forestry project;
2.
Voting of the projects and sales of timber or other products for the production of forestry Forestry products;
3.
Execution of forest crops, soil improvements and existing work, including forest protection;
4.
Construction and maintenance of paths;
5.
Forestry, woodworking, and woodworking, Wood delivery;
6.
Procurement and use of machines and equipment for several of the measures summarized under numbers 2 to 5.
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§ 18 Recognition

(1) A forest management community is recognized by the competent authority of the country on request, if it meets the following requirements:
1.
You must have a legal person in private law
2.
It must allow for a significant improvement in management by size, location and relationship of all the connected land;
3.
the articles of association or the social contract must contain provisions on
a)
the task;
b)
the financing of the task;
c)
the right and duty of the forest management community to watch over the task;
d)
disciplinary or contractual penalties in case of culpable violation of essential membership obligations;
e)
the obligation of the members to offer the sale of certain wood for sale, in whole or in part, by the forestry community for sale, provided that the sales of the timber Wood for the task
4.
If the legal form of the cooperative or of the legally competent association is chosen with economic business operations, then the The statutes also determine:
a)
the requirements for acquisition and loss of membership, with the (b)
the institutions, their membership of the institution at the end of the third full financial year, and the period of notice having to 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 of 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 to be grasped and require a majority of two thirds of the votes;
5.
the legal form of a capital company shall be elected, ensure that the shareholders pursue the task together for at least three full financial years;
6.
it must have at least seven members
(
)
obligation under 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 inform the Forestry Community of the extent and duration of such contracts before accession.(3) If a forest management community is part of Community forestry, it may be recognised if it comprises less than seven members. Non-official table of contents

§ 19 conferral of legal capacity on associations

The forsteconomic merger has the legal form of the In the case of a legally competent association with an economic business operation, the competent authority for the recognition may at the same time award him the legal capacity in accordance with Section 22 of the Civil Code. Unofficial table of contents

§ 20 Revocation of recognition

The competent authority of the country may revoke the recognition if a No longer exists, or if the forest management community has not fulfilled its task during an extended period of time.

Section III
Forestry federations

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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 task, § 17 shall apply accordingly. It cannot be extended to the Community implementation of uniform operating plans. Non-official table of contents

§ 22 Conditions for the formation of a forest management association

(1) A forest management association can only be used for Most economically unfavourably structured areas are formed.(2) Further requirements are that
1.
the concentration according to size, location, and relationship of the in Possible plots allow a substantial improvement in management;
2.
the concentration will have a significant competition on the timber market.
3.
At least two-thirds of the property owners, who represent at the same time at least two-thirds of the area, agree to education;
4.
a request addressed to all property owners affected by the country's right to establish a forestry community (Section II), without success
(3) In the case of the request referred to in paragraph 2 (4), the Authority shall have a time limit. The deadline shall normally be one year and shall not exceed two years.(4) Land used for special public purposes or intended to be used may only be included in a Forestry Association with the consent of the authorized users. Non-official table of contents

§ 23 Education of a forest management association

(1) To form a forest management association, the competent authority in accordance with national law The Authority shall issue an introductory meeting, draw up a draft statutes and a preliminary list of the relevant land and its owners, and convene the Founding Assembly.(2) The statutes shall be subject to the authorisation of the competent authority according to the law of the country.(3) The forest management association shall be established with the public announcement of the Articles of Association.(4) The State Governments shall be authorized to regulate the details of the Founding Procedure, the authorisation and the publication of the Articles of Association by means of a regulation. The state governments can transfer this authorisation to the supreme state authorities. Non-official table of contents

§ 24 Membership

(1) The members of a forest management association are the owners of the land involved. 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 Statute may allow the accession of further members. Non-official table of contents

§ 25 Statutes

(1) The Articles of Association shall be adopted by the members with the majority referred to in Section 22 (2) (3).(2) The Statutes of the Forestry Association must contain provisions relating to:
1.
its name and its name Seat;
2.
its task;
3.
the rights and duties of the members;
4.
the members ' voting rights;
5.
its constitution, its administration and its Representation;
6.
The scale for the contributions and the basis of assessment for contributions;
7.
the household, economic and cash management, as well as the accounts;
8.
the use of the Assets at the dissolution of the Forestry Service.
(3) The provisions of § 18 (1) (3) (e) and (2) shall apply accordingly. Non-official table of contents

§ 26 Organs of the Forestry Management Association

The members of the Forestry Management Association are the Association Assembly, the Board of Directors and, as provided for by the Articles of Association, the Committee of the Union. Non-official table of contents

§ 27 Tasks of the Association Assembly

The association meeting elects the board of directors and its chairman. It decides on
1.
the level of the moves and contributions;
2.
the budget, the annual accounts, and the use of revenues;
3.
the discharge of the Board;
4.
The amendment of the Articles of Association;
5.
the acquisition, sale and loading of land by the Forestry Industry Association;
6.
Resolution of the Forest Operations Association;
7.
the matters assigned to it in the Statutes.
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§ 28 Presidency of the Association Assembly, convening and voting ratio

(1) The Chairman of the Board of Management will be chaired by the Association Assembly.(2) The Chairperson 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 determined in accordance with 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. Non-official table of contents

§ 29 Board of Directors

(1) The Management Board of the Forestry Management Association consists of the Chairman and at least two other members of the Management Board. Members.(2) The Management Board shall conduct the operations of the Association. He represents him in court and out of court. Non-official table of contents

§ 30 Association Committee

In the articles of association, it can be determined that a Committee on the Association is formed. 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. Non-official table of contents

§ 31 Amendment of the Articles of Association

(1) The association's assembly shall decide by a majority of the statutes on an amendment to the statutes. at least two-thirds of the votes of all the members.(2) The change in the statutes shall be subject to the authorisation of the competent authority according to the law of the country. The amendment shall take effect with its public notice. Non-official table of contents

§ 32 Departure of land plots

(1) Land plots, their forestry use or determination is based on a Law or an administrative order or permission permanently changes, divorce from the association forest with the termination of the conversion.(2) In addition, the departure of a property from the Forest Forest requires the approval of the authority responsible under national law. 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. Non-official table of contents

§ 33 Levy, contributions

(1) The forest management association collects from the members a levy, as far as 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. A different scale may be used if appropriate.(2) The Forestry Management Association may make contributions from the members for specific purposes or services. Non-official table of contents

§ 34 Supervision

(1) The Forestry Management Association is subject to the authority of the competent authority of the country. It requires the approval of the supervisory authority
1.
for the sale and loading of land, and land-like rights;
2.
for the purpose of receiving loans and taking over guarantees.
(2) The supervision of the loan and the guarantee of the Forest management association 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. Non-official table of contents

§ 35 List of associations

The forest management association lists the properties involved, the owner, and of 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. Non-official table of contents

§ 36 Resolution of the Forestry Company Association

(1) The Assembly can be held by a majority of at least three quarters of the association's resolution. the votes of all the members decide on the dissolution of the Forest Operations Association.(2) The decision shall require the approval of the competent authority in accordance with the law of the country.

Section IV
Forestry Associations

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§ 37 term and task

(1) Forestry associations are private-sector associations of
recognized forest management communities,
Forestry associations or
forest management cooperatives or similar associations, including the Community foresters
formed by national law, for the sole purpose of adapting the forestry sector To encourage the production and marketing of forestry products to meet the needs of the market.(2) Forestry associations may have only the following measures:
1.
Information and counseling of the members, as well as participation in the forestry framework;
2.
Coordination of the paragraph;
3.
market-oriented preparation and storage of the products;
4.
Marketing of the products of the Members;
5.
Procurement and deployment of machines and devices.
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§ 38 Recognition

(1) A forestry association is recognized on request by the competent authority of the country, if the following Prerequisites are satisfied:
1.
You must be a private-law legal person;
2.
it must be suitable for sustainable adaptation of forestry production and forester sales;
3.
its articles of association or social contract must contain provisions on
a)
their task;
b)
the financing of the task;
4.
it must have a significant competition on the timber market.
(2) The competent authority in accordance with the law of the country can accede to individual landowners who are not members of the a forest management association or a forest management association, to which forestry association may be permitted.(3) § § 19 and 20 apply accordingly.

Section V
Supplementary provisions

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§ 39 Other federations in forestry

(1) The provisions of the Regulation on the formation of economic groupings in the forestry sector of the 7th May 1943 (Reichsgesetzbl. 298) Forestry associations formed are the same as those in the forestry industry, insofar as their purpose is not entirely or primarily limited to the recruitment of personnel.(2) In so far as the forestry associations referred to in paragraph 1 thereof do not comply with the provisions of the law on forestry confederations of 1. September 1969 (Bundesgesetzbl. 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 Section 25.(3) The forestry associations of private law which have been recognised under national law to date are equal to the recognised forestry associations until they are expressly recognised in accordance with § 18, but at the latest four years after the entry into force of the law. of this law. 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 so far fulfilled at least the requirements of § 17 and § 18 (1) Nos. 2, 6 and 7 and are worthy of promotion.(4) In other respects, the national legislation on concentrations in forestry shall remain unaffected. Non-official table of contents

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

(1) § 1 of the law against Restrictions on competition shall not apply to decisions taken by associations of forest-based producers, approved forestry associations, forestry associations and forestry associations, in so far as they Forestry production and the disposal 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) A recognised forestry association within the meaning of this Act may advise its members on the formation of prices and, to that end, shall issue price recommendations to its members.(3) In other respects, the provisions of the Act against restrictions on competition remain unaffected.(4) As associations of forestry producers, forest communities, forestry cooperatives, forest associations, confederations of confederations and similar associations are to be considered, the circle of which is not significantly higher than that of the associations of forestry producers. The area of a single market or community shall be established or formed for the purpose of Community implementation of forestry measures.

Fourth Chapter
Promotion of the Forestry, duty of information

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§ 41 Promotion

(1) Forestry is to be used for the purpose of use, Protection and recreational functions of the forest according to § 1 shall be publicly funded.(2) The promotion should be aimed in particular at securing the general conditions for the economic viability of investments for 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 in a position to contribute to the forestry sector. to use and maintain economically reasonable conditions.(3) The Federal Government shall report to the German Bundestag in the report in accordance with § 4 of the Agriculture Act of 5 December 2009. September 1955 (Bundesgesetzbl. 565) on the basis of the economic results of the State Forest Administrations and the Forestry Farm Statistics on the situation and development of forestry and the structure of the timber industry in the Federal territory and on the Forestry measures. This report also covers the pressures arising from the protection and recovery function.(4) The Confederation shall participate in the financial support for forestry under the Law on the Community Task "Improvement of 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 contributions under the law referred to in paragraph 4 may be granted:
1.
forestry associations within the meaning of this law and other alliances in the forestry industry as well as those established according to national law public-law forestry cooperatives and similar associations, including Community forests, provided that their task is to improve the production of forestry or to promote the sale of
2.
2.
Land-or forestry-related holdings, or Landowners, in so far as their forestry projects are not supported by forestry cooperations.
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§ 41a Forest Surveys

(1) In order to carry out the tasks of this Act and to implement legal acts of the European Union or agreements binding under international law within the scope of this Act, subject to paragraph 3 to carry out every ten years a forest-based large-scale tobacco product on a sample basis (Bundeswaldinventur), which is related to the entire federal territory. 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 respected in the context of the observation according to § 6 of the Federal Nature Protection Act.(2) The Länder shall collect the basic data referred to in paragraph 1; the Federal Ministry of Food, Agriculture and Consumer Protection shall put them together and evaluate them.(3) The Federal Ministry of Food, Agriculture and Consumer Protection shall collect, as far as is necessary, in the years to comply with reporting obligations which are due to binding international legal agreements to protect the climate. between two Bundeswaldinventuren data on the carbon supply 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 enter land for the performance of their order, and shall be entitled to: to carry out the necessary data collection and sampling on these land.(5) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to lay down detailed rules on the sampling procedures applicable to the Federal Forest Inventory by means of a legal regulation with the consent of the Federal Council and the Federal Government. to enact basic data.(6) The Federal Ministry of Food, Agriculture and Consumer Protection may, with the consent of the Federal Council, provide for data
1.
for the supply of nutrients and the pollution of the forest soils (ground state survey),
2.
for vitality of the forests,
3.
on impact related to forest ecosystems
, and 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. Non-official table of contents

§ 42 obligation to provide information

(1) Natural and legal persons and non-legal persons ' associations have the shall, on request, provide the competent authorities with the information necessary for the performance of the tasks conferred on the authorities by this law or by reason of this Act.(2) The party responsible for providing information may refuse to provide information on such questions, the answers to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) to (3) of the risk of criminal prosecution or proceedings in accordance with the law on administrative offences. Non-official table of contents

§ 43 Violation of the obligation to provide information

(1) Contrary to the law, who intentionally or negligently violates § 42 para. 1 Information not provided, not correct, not complete or not given in time.(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

The Federal Ministry of Food, Agriculture and Consumer Protection, with the consent of the Federal Council, provides the Implementation of the general administrative provisions required by § § 15 to 40 and 41a. Non-official table of contents

§ 45 Application of the law in special cases

(1) On land for the purposes of
1.
the defense including the protection of the civilian population,
2.
of the Federal Police or
3.
civil aviation
, are the ones according to § § 6, 7 and 9 bis 13 of this Act shall apply only to the extent that it does not affect the intended use of the legislation.(2) In the case of projects which serve the purposes referred to in paragraph 1 (1) and (2), forests are to be transformed into another type of use (§ 9), for the first time (§ 10), protection forest (§ 12) or recreational forest (§ 13) for those referred to in paragraph 1 (1) and (2) of the Regulation (§ 13). shall be used, the higher forestry authority shall be consulted. 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 must be finally discussed.(3) Authorities of the Federal Government and of the Federal Authorities, institutions and foundations of public law have in the case of planning and measures providing for the use of forest areas or which affect forest areas in their effects. , the provisions of Section 8 may be observed.(4) Paragraphs 1 and 2 shall not apply in the Land of Berlin. Non-official table of contents

§ 46 Change of Rules

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§ 47

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§ 48 Entry into force, repeal of provisions

(1) This Act shall enter into force on the day after the announcement.(2) At the same time, the following provisions are repeal:
1.
the law on forest-based forestry Mergers of 1. September 1969 (Bundesgesetzblatt I, p. 1543), as last amended by the Introduction Act to the Penal Code of 2. March 1974 (Bundesgesetzbl. 469);
2.
the regulation on the promotion of forestry and pastureland from 7. February 1924 (Reichsgesetzbl. I p. 50);
3.
the Law against Forest Devastation 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 countries of the European Union (18). June 1937 (Reichsgesetzbl. 721);
5.
the Regulation on the promotion of timber extraction from 30 years of age. July 1937 (Reichsgesetzbl. I p. 876).