1. The Forestry Bureau is the statutory forestry authority and has statutory responsibilities.
2. 2000-08-10? Reply from the Secretary and Administrative Department of the Legislative Affairs Office of the State Council on the issue of the “responsibilities and authority” of the forestry authorities
The Central Editorial Office:
< p> ?Your Office's "Letter on the Interpretation of Laws and Regulations on the Protection and Management of Forest Resources in Key State-owned Forest Areas" (Zhongbianbanhan [2000] No. 121) has been received. After research, the reply is as follows for reference:Article 47 of the "Regulations on the Implementation of the Forest Law" "The division of responsibilities and powers of the forestry departments of the local people's governments at or above the county level in these regulations shall be determined by the forestry department of the State Council. The "responsibility and authority" in "Department Specific Provisions" refers to the responsibilities and authority granted to the forestry departments of local people's governments at or above the county level by the "Regulations on the Implementation of the Forest Law", which mainly include the issuance of logging licenses, timber transportation certificates, and enforcement of certain illegal acts. Penalties etc. ?
August 10, 2000
3. "Regulations on the Implementation of the Forest Law of the People's Republic of China"
(January 29, 2000 Order No. 278 of the State Council of the People's Republic of China shall come into effect on the date of promulgation)
Chapter 1 General Provisions
Article 1 According to the "People's Republic of China and the People's Republic of China" Forest Law (hereinafter referred to as the Forest Law), formulates these regulations.
Article 2 Forest resources include forests, trees, and woodlands as well as wild animals, plants, and microorganisms that rely on forests, trees, and woodlands to survive.
Forests, including arbor forests and bamboo forests.
Forest trees, including trees and bamboo.
Forest land, including arbor woodland with a canopy density of 0.2 or above, as well as bamboo woodland, shrub woodland, sparse woodland, logging land, burned land, unafforested afforestation land, nursery land and people's government plans at or above the county level of suitable forest land.
Article 3: The state implements a registration and certification system for forests, trees and forest lands in accordance with the law. The ownership and use rights of legally registered forests, trees and forest lands are protected by law and may not be infringed upon by any unit or individual.
The format of ownership certificates for forests, trees and woodland shall be prescribed by the forestry administrative department of the State Council.
Article 4 State-owned forests, trees and woodlands used in accordance with the law shall be registered in accordance with the following provisions:
(1) Use of state-owned key forest areas (hereinafter referred to as Units that own forests, trees and woodland in key forest areas shall submit a registration application to the forestry department of the State Council, which shall register and issue a certificate to confirm the right to use forests, trees and woodland as well as the forest trees owned by the users. Ownership;
(2) Units and individuals that use state-owned forests, trees and woodlands across administrative regions shall submit a registration application to the forestry department of the people's government at the corresponding higher level, which shall be approved by The people's government shall register and issue certificates to confirm the use rights of forests, woods and woodlands and the ownership of forests owned by users;
(3) Units and entities that use other forests, woods and woodlands owned by the state and Individuals shall submit a registration application to the forestry department of the local people's government at or above the county level, and the local people's government at or above the county level shall register and issue a certificate confirming the right to use forests, trees and forest land, as well as the ownership of forest trees owned by the user.
State-owned forests, trees and woodlands with undetermined use rights shall be registered and registered by the people's governments at or above the county level and shall be responsible for their protection and management.
Article 5 For collectively owned forests, trees and woodland, the owner shall submit a registration application to the forestry department of the people's government at the county level where the place is located, and the people's government at the county level shall register, issue a certificate and confirm the registration. ownership.
For forests owned by entities and individuals, the owner shall apply for registration to the forestry department of the people's government at the county level where they are located, and the county-level people's government will register and issue a certificate to confirm the ownership of the trees.
Units and individuals that use collectively owned forests, trees and woodland should submit a registration application to the forestry department of the people's government at the county level where they are located, and the people's government at the county level will register, issue a certificate and confirm the registration. Forests, timber and forest land use rights.
Article 6: To change the ownership and use rights of forests, trees and forest land, the change registration procedures must be completed in accordance with the law.
Article 7 The forestry administrative department of the people's government at or above the county level shall establish ownership management files for forests, trees and forest land.
Article 8 National key protective forests and special-purpose forests shall be submitted to the State Council for approval by the forestry administrative department of the State Council. Local key protective forests and special-purpose forests shall be designated by the forestry administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Put forward opinions and submit them to the people's government at the same level for approval and announcement; other protective forests, timber forests, special-purpose forests, economic forests, and firewood forests shall be organized and classified by the forestry department of the county-level people's government in accordance with the national regulations on the classification of forest types and the deployment of the people's government at the same level. The decision shall be submitted to the people's government at the same level for approval and announcement.
The area of ??key protective forests and special-purpose forests within the administrative regions of provinces, autonomous regions, and municipalities directly under the Central Government shall not be less than 30% of the total forest area of ??the administrative region.
If the approved and announced forest types are changed to other forest types, they must be reported to the original approval and announcement authority for approval.
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Chapter 2 Forest Management
Article 11 The forestry department under the State Council shall regularly monitor the growth and decline of forest resources and changes in the forest ecological environment across the country. Condition.
The survey of forest resources, establishment of archives and preparation of forest management plans in key forest areas shall be organized and implemented by the forestry department of the State Council; other tasks such as investigation of forest resources, establishment of archives and preparation of forest management plans shall be carried out by The forestry departments of local people's governments at or above the county level shall organize the implementation.
Article 12 The following principles should be followed when formulating long-term forestry plans:
(1) Protect the ecological environment and promote sustainable economic development;
( 2) Based on existing forest resources;
(3) Coordinated with overall land use planning, soil and water conservation planning, urban planning, village and market town planning.
Article 13 The long-term forestry plan shall include the following contents:
(1) Forestry development goals;
(2) Proportion of forest species;
(3) Forest land protection and utilization plan;
(4) Tree planting plan.
Article 14 The national long-term forestry plan shall be prepared by the forestry department of the State Council in conjunction with other relevant departments, and shall be implemented after being submitted to the State Council for approval.
Local long-term forestry plans at all levels shall be prepared by the forestry authorities of the local people's governments at or above the county level in conjunction with other relevant departments, and shall be implemented after approval by the people's government at the same level.
The long-term forestry plan at the lower level should be prepared based on the long-term forestry plan at the upper level.
Adjustments and modifications to long-term forestry plans must be submitted to the original approving authority for approval.
Article 16. Exploration and mining of mineral deposits and construction of roads, water conservancy, electricity, communications and other projects that need to occupy or expropriate forest land must comply with the following regulations:
(1) ) The land-using unit shall submit a land-use application to the forestry department of the people's government at or above the county level. After review and approval, it shall pay forest vegetation restoration fees in advance in accordance with the standards prescribed by the state and receive a forest land use approval letter. The land user shall handle the construction land approval procedures in accordance with the law based on the forest land use approval letter. If forest land is occupied or requisitioned without the approval of the forestry department, the land administration department shall not accept the application for construction land.
(2) Occupy, expropriate or requisition protective forest land or special-purpose forest land with an area of ??more than 10 hectares, timber forest, economic forest, firewood forest land and logging traces with an area of ??more than 35 hectares, and other forest land area of ??70 hectares If the forest land area is less than the above-mentioned amount, it shall be reviewed by the forestry department of the people's government of the province, autonomous region, or municipality directly under the Central Government. Any occupation, expropriation or expropriation of forest land in key forest areas shall be subject to review by the forestry department of the State Council.
(3) When a land user needs to log trees on forest land that has been approved for occupation or requisition, it shall apply to the forestry department of the local people's government at or above the county level where the forest land is located or the forestry department of the State Council to apply for tree felling. license.
(4) If the occupation or requisition of forest land has not been approved, the relevant forestry authorities shall refund the forest vegetation restoration fees collected within 7 days from the date of receiving the notice of disapproval.
Article 17 If it is necessary to temporarily occupy forest land, it must be approved by the forestry department of the people's government at or above the county level.
The period of temporary occupation of forest land shall not exceed two years, and permanent buildings shall not be built on the temporarily occupied forest land; after the occupation period expires, the land-using unit must restore forestry production conditions.
Article 18 If a forest management unit builds engineering facilities that directly serve forestry production within the forest land it manages and needs to occupy forest land, it must be approved by the forestry department of the people's government at or above the county level; other projects must be built. If the forest land needs to be converted into non-forest construction land, construction land approval procedures must be completed in accordance with the law.
The engineering facilities that directly serve forestry production as mentioned in the preceding paragraph refer to:
(1) Facilities for cultivating and producing seeds and seedlings;
(2) ) Facilities for storing seeds, seedlings, and timber;
(3) Timber collection roads and timber transport roads;
(4) Forestry scientific research, testing, and demonstration bases;
(5) Facilities for wildlife protection, forest protection, forest pest control, forest fire prevention, and timber quarantine;
(6) Water supply, power supply, heat supply, gas supply, and communication infrastructure.
Chapter 3 Forest Protection
Article 19 The forestry administrative department of the people's government at or above the county level shall conduct regular inspections based on the investigation and monitoring of forest pest and disease reporting centers and reporting points. Publish long-term, medium-term and short-term forecasts of forest diseases and insect pests, and propose prevention and control plans in a timely manner.
Forest managers should select improved species, create mixed forests, implement scientific afforestation, and improve their ability to defend against forest diseases and insect pests.
When forest diseases and insect pests occur, relevant departments and forest managers should take comprehensive prevention and control measures to eliminate and control them in a timely manner.
When serious forest pests and diseases occur, the local people's government should take emergency control measures to prevent their spread and eliminate hidden dangers.
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Chapter 4 Afforestation
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Chapter 5 Deforestation
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Article 30 When applying for a forest felling license, in addition to the ownership certificate or use right certificate of the forest trees being applied for, other relevant supporting documents must also be submitted in accordance with the following provisions:
(1) State-owned forestry enterprises and institutions shall also submit logging area survey and design documents and last year’s logging update acceptance certificate;
(2) Other units shall also submit documents including the purpose, location, and forest species of logging trees. , forest conditions, area, storage volume, method renewal measures, etc.;
(3) Individuals should also submit documents including the location, area, tree species, number of trees, storage volume, update time, etc. of harvested trees. document.
If it is necessary to cut down trees due to emergencies such as fighting forest fires, flood control and rescue operations, the unit or department organizing the rescue shall report the status of felling trees to the local people at or above the county level within 30 days from the end of the emergency. Government forestry authorities.
Article 32 Except for those expressly stipulated in the Forest Law, forest felling licenses shall be issued in accordance with the following provisions: (1) County state-owned forest farms shall be issued by the local government. Issued by the forestry administrative department of the people's government at the county level;
(2) State-owned forestry enterprises and institutions and other state-owned enterprises and institutions affiliated to provinces, autonomous regions, municipalities directly under the Central Government, cities with districts, and autonomous prefectures shall be issued by the province, autonomous region, and autonomous prefecture where they are located. The forestry administrative department of the people's government of the autonomous region or municipality directly under the Central Government shall issue the certificate;
(3) State-owned forestry enterprises and institutions in key forest areas shall issue the forestry administrative department of the State Council.
Article 34: The operation (including processing) of timber in forest areas must be approved by the forestry department of the people's government at or above the county level.
Timber purchase units and individuals are not allowed to purchase wood without a forest harvesting license or other legal source certificates.
The term wood as mentioned in the preceding paragraph refers to logs, sawn wood, bamboo, wood chips and other wood specified by provinces, autonomous regions and municipalities directly under the Central Government.
Article 35: To transport timber that is not uniformly allocated by the state from forest areas, you must hold a timber transportation certificate issued by the forestry department of the people's government at or above the county level.
Timber transportation certificates for key forest areas shall be issued by the forestry administrative department of the State Council; other timber transportation certificates shall be issued by the forestry administrative departments of local people's governments at or above the county level.
The timber transportation certificate is valid from the starting point to the end point of the timber and must accompany the cargo.
Without a timber transportation certificate, shipping units and individuals are not allowed to transport timber.
The format of the timber transportation certificate shall be stipulated by the forestry administrative department of the State Council.
Article 36 When applying for a timber transportation license, the following supporting documents must be submitted:
(1) Forest felling license or other legal source certificates;
(2) Quarantine certificate;
(3) Other documents specified by the forestry authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
If the conditions in the preceding paragraph are met, the forestry department of the people's government at or above the county level that accepts the application for a timber transport certificate shall issue a timber transport certificate within 3 days from the date of receipt of the application.
The total amount of timber allowed to be transported by the timber transportation certificate issued in accordance with the law shall not exceed the total amount of timber that can be transported and sold according to the local annual timber production plan.
Article 37 Timber inspection stations established in forest areas with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for inspecting timber transportation; if timber is transported without a license, the timber inspection station shall stop it and may temporarily Detain the timber transported without a license and immediately report it to the forestry department of the people's government at or above the county level for handling according to law.
Chapter 6 Legal Responsibilities
Article 38 If the forest or other forest trees are illegally cut down, and the standing timber volume is less than 0.5 cubic meters or the saplings are less than 20, the person shall be punished by The forestry department of the people's government at or above the county level shall order the replanting of 10 times the number of illegally logged trees, confiscate the illegally logged trees or the proceeds from the sale, and impose a fine of 3 to 5 times the value of the illegally logged trees.
If a forest or other forest trees are illegally logged, and the standing timber volume is more than 0.5 cubic meters or more than 20 saplings, the forestry department of the people's government at or above the county level shall order replanting 10 times the number of illegally logged trees. For illegally logged trees, the illegally logged trees or the proceeds from the sale will be confiscated, and a fine of 5 to 10 times the value of the illegally logged trees will be imposed.
Article 39 If a forest or other forest trees are felled indiscriminately, and the standing timber volume is less than 2 cubic meters or there are less than 50 saplings, the forestry department of the people's government at or above the county level shall order the forestry department to replant the number of trees that have been cut indiscriminately. 5 times the number of trees, and a fine of 2 to 3 times the value of deforestation trees will be imposed.
If a forest or other forest trees are felled indiscriminately, and the standing timber volume is more than 2 cubic meters or there are more than 50 saplings, the forestry department of the people's government at or above the county level shall order the replanting of trees with five times the number of trees that have been cut down indiscriminately. A fine of 3 to 5 times the value of deforestation will also be imposed.
Anyone who logs forest or other forest trees in excess of the timber production plan shall be punished in accordance with the provisions of the preceding two paragraphs.
Article 40 Anyone who violates the provisions of these regulations and operates (including processes) timber in forest areas without approval shall have the illegally operated timber and illegal income confiscated by the forestry department of the people's government at or above the county level. A fine of not more than twice the amount of illegal income shall be imposed.
Article 41 Anyone who violates the provisions of these Regulations by destroying forests to collect seeds or violating technical operating procedures to collect resin, dig bamboo shoots, dig roots, peel bark, or excessively prune trees, resulting in the destruction of forests and trees, shall be punished. To compensate losses in accordance with the law, the forestry department of the people's government at or above the county level shall order them to stop illegal activities and replant 1 to 3 times the number of trees destroyed, and may be fined 1 to 5 times the value of the trees destroyed; if they refuse to replant trees or replant trees, they may be fined 1 to 5 times the value of the trees destroyed. If the seeds do not comply with relevant national regulations, the forestry department of the people's government at or above the county level shall organize replanting on their behalf, and the necessary fees shall be paid by the offender.
Anyone who violates the provisions of the Forest Law and these Regulations and reclaims forest land without authorization, causing damage to forests and trees, shall be punished in accordance with the provisions of Article 44 of the Forest Law; If there are no forests or trees on the forest land, the forestry department of the people's government at or above the county level shall order it to stop illegal activities and restore it to its original state within a time limit. It may impose a fine of not more than 10 yuan per square meter of illegally reclaimed forest land.
Article 42: If any of the following circumstances occurs, the forestry department of the people's government at or above the county level shall order the afforestation task to be completed within a time limit; if it is not completed within the time limit, the necessary measures to complete the afforestation task but not to complete the afforestation task may be imposed A fine of less than twice the cost; the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law:
(1) Failure to complete the task of reforestation for two consecutive years;
(2) The reforestation area in the current year does not reach 50% of the area that should be reforested;
(3) Except for arid and semi-arid areas specially specified by the state, the survival rate of the reforestation in the current year does not reach 85% ;
(4) The responsible unit for afforestation fails to complete the afforestation tasks on time in accordance with the requirements of the local county-level people's government.
Article 43 If the forestry administrative department of the people's government at or above the county level changes the use of forest land without authorization, the forestry administrative department of the people's government at or above the county level shall order it to be restored to its original state within a time limit and shall be punished for illegal change of use. The fine is 10 yuan to 30 yuan per square meter of forest land.
Anyone who temporarily occupies forest land and fails to return it within the time limit shall be punished in accordance with the provisions of the preceding paragraph.
Article 44: If timber is transported without a timber transport certificate, the forestry department of the people's government at or above the county level shall confiscate the illegally transported timber, and may impose a fine of not more than 30% of the price of the illegally transported timber on the owner.
If the quantity of timber transported exceeds the quantity permitted by the timber transport certificate, the excess timber shall be confiscated by the forestry department of the people's government at or above the county level; If the certificate stipulations are not met without justifiable reasons, the non-compliant part of the wood will be confiscated.
If a forged or altered timber transport certificate is used to transport timber, the forestry department of the people's government at or above the county level shall confiscate the illegally transported timber and impose a fine of 10% to 50% of the confiscated timber price.
If you transport timber without a timber transportation certificate, the forestry department of the people's government at or above the county level will confiscate the freight and impose a fine of 1 to 3 times the freight.
Article 45 Anyone who moves or destroys a forestry service sign without authorization shall be ordered by the forestry department of the people's government at or above the county level to restore it to its original state within a time limit; if it fails to restore it within the time limit, the forestry department of the people's government at or above the county level shall order The offender shall pay the necessary costs for restoration.
Article 46 If, in violation of the provisions of these Regulations, any protective forest or special-purpose forest is changed into other forest types without approval, the forestry administrative department of the people's government at or above the county level shall take back the property obtained by the operator. Forest ecological benefit compensation, and a fine of not more than three times of forest ecological benefit compensation shall be imposed.
Chapter 7 Supplementary Provisions
Article 47 The division of responsibilities and powers of the forestry administrative departments of the local people's governments at or above the county level in these Regulations shall be specified by the forestry administrative department of the State Council.
Article 48 These Regulations shall come into effect on the date of promulgation. The "Details for the Implementation of the Forest Law of the People's Republic of China" approved by the State Council on April 28, 1986 and issued by the Ministry of Forestry on May 10, 1986 were abolished at the same time.