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| Forestry Law of the People's Republic of China |
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Forestry Law of the People's Republic of China (Adopted at the Seventh Meeting of the Standing Committee of the Sixth National People's Congress on September 20, 1984 and amended in accordance with the Decision on the Revision of the Forest Law of the People's Republic of China of the Second Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1998) Chapter I General Provisions Article 1 This Law is enacted with a view to protecting, cultivating and rationally exploiting forest resources, accelerating territorial afforestation and making use of forests in water storage and soil conservation, climate regulation, environmental improvement and supply of forest products to meet the requirements of socialist construction and people's livelihood. Article 2 Engagement in activities of growing of saplings and planting, felling and exploitation of woods and forests, forests, woods and forest land management and administration within the territory of the People's Republic of China must abide by this Law. Article 3 Forest resources belong to state ownership, excluding those specified under law belonging to collective ownership. State-owned and collective-owned forests, woods and forest lands, individual-owned woods and individual-used forest lands shall be registered by local people's governments at or above the county level and rosters compiled and certificates issued confirming the ownership or right to use. The State Council may authorize the competent department of forestry under the State Council to register and compile rosters of forests, woods and forest lands of the key state-owned forest regions determined by the State Council, issue certificates and notify the local people's governments concerned. Legitimate rights and interests of owners and users of forests, woods and forest lands are protected by law upon which no unit or individual shall infringe. Article 4 Forests are classified into the following five categories: (1) Shelter forests: forests, woods and clusters of bushes with protection as the main aim including water source conservation forests, water and soil conservation forests, shelter forests against wind and for fixing sand, farmland and cattle farm shelter forests, embankment protection forests and highway/railway protection forests; (2) Timber forests: forests and woods with timber production as the main aim including bamboo groves with production of bamboo materials as the main aim; (3) Economic forests: woods with the production of fruits, edible oils, drinks, flavorings, industrial raw materials and medicinal materials as the main aim; (4) Fuel forests: woods with the production of fuel as the main aim; and (5) Special-purpose forests: forests and woods with national defence, environmental protection and scientific experiments as the main aim including national defence forests, experimental forests, mother tree forests, environmental protection forests, ornamental forests, woods at ancient and historical sites and revolutionary memorial places and forests in nature reserves. Article 5 Forestry construction pursues the policy of universal forest protection, afforestation in a big way, combination of felling and cultivation and sustainable exploitation with afforestation as the basis. Article 6 The State encourages scientific research in forestry, popularizes advanced forestry technology in upgrading the scientific and technical level of forestry. Article 7 The State protects the legitimate rights and interests of forest farmers, lightens forest farmers' burden in accordance with law, prohibits illegal collection of fees and fines from forest farmers and prohibits apportionment and compulsory fund-raising from forest farmers. The State protects the legitimate rights and interests of collectives and individuals in contractual afforestation. No unit or individual shall infringe on the ownership over woods and other legitimate rights and interests the collectives and individuals have in contractual afforestation in accordance with law. Article 8 The State carries out the following protective measures with respect to forest resources: (1) practising quota forest felling, encouraging afforestation and closing hills and mountains to facilitate afforestation and expanding forest coverage; (2) providing financial support or long-term loans to collectives and individuals for afforestation and facilitation of afforestation in accordance with the relevant regulations of the state and local people's governments; (3) encouraging comprehensive utilization of timber and economy in timber use, encouraging development and utilization of substitutes for timber; (4) levying and collecting the sapling growing fee for the special purpose of afforestation and facilitation of afforestation; (5) departments of coal and paper making drawing a certain amount of fund on the basis of the production of coal, pulp paper and other products for the special purpose of planting timber forests that will be used for mine timber and paper making; and (6) establishing the system of forestry funds. The State establishes the forest ecological benefit compensation fund to be used for the planting, tending, protection and management of the forest resources and woods for shelter forests and special-purpose forests either of which generate ecological benefit. The forest ecological benefit compensation fund must be used for the said special purpose and must not be used for other purposes. Specific measures shall be formulated by the State Council. Article 9 The state and people's governments of provinces and autonomous regions give more independent power and economic benefits to forestry production and construction of nationality autonomous localities than to other general areas in forest development, timber allocation and use of forest funds in accordance with the state provisions on autonomous power of nationality autonomous localities. Article 10 The competent department of forestry under the State Council takes charge of the forestry work nationwide. The competent departments of forestry of local people's governments at or above the county level take charge of the forestry work within their respective areas. People's governments at the village level assign full-time or part-time personnel to be responsible for forestry work. Article 11 Tree planting, afforestation and forest protection are the obligation that citizens should fulfil. People's governments at all levels should organize voluntary tree planting and afforestation by all citizens and carry out activities of tree planting and afforestation. Article 12 Units or individuals that have scored remarkable achievements in tree planting and afforestation, forest protection, forest administration and forestry scientific research shall be rewarded by people's governments at all levels. Chapter II Forest Management and Administration Article 13 The competent departments of forestry at all levels carry out administration and supervision over protection, utilization and renewal of forest resources pursuant to the provisions of this Law. Article 14 The competent departments of forestry at all levels shall be responsible for the organization of forest resources survey and establishment of resources archive system to monitor change in resources. Article 15 The right of use of the following forests, woods and forest lands may be transferred in accordance with law. There can also be equity participation in terms of evaluation or be treated as conditions of contribution and cooperation for joint venture, cooperative afforestation and timber management. However, forest lands must not be turned into non-forest lands: (1) timber forests, economic forests and fuel forests; (2) the right of use of forest lands in timber forests, economic forests and fuel forests; (3) the right of use of forest lands in slashes of felling and burnt slashes of timber forests, economic forests and fuel forests; and (4) the right of use of other forests, woods and other forest lands specified by the State Council. Where there is transfer and equity participation in terms of evaluation or those treated as conditions of contribution and cooperation of joint venture, cooperative afforestation and timber management pursuant to the provisions of the preceding paragraph, the timber felling permits obtained may be simultaneously transferred, meanwhile parties to the transfer must abide by the provisions of this Law concerning forests, timber felling and renewal of afforestation. Except for the circumstances specified in the first paragraph of this Article, the right of use of other forests, woods and other forest lands must not be transferred. Specific measures shall be formulated by the State Council. Article 16 People's governments at all levels should work out long-term forestry planning. State-owned forestry enterprises, institutions and nature reserves should compile forest management schemes in accordance with the long-term forestry planning and submit them to the competent department at the next higher level for approval and implementation thereupon. The competent departments of forestry should guide rural collective economic organizations and state-owned farms, cattle farms and industrial and mining enterprises in the compilation of forest management schemes. Article 17 Disputes arising between units over timber and forest land ownership and the right of use shall be handled by people's governments at or above the county level according to law. Disputes arising between individuals and between an individual and a unit over woods ownership and the right of use of forest lands shall be handled by local people's governments at the county level or at the village level according to law. When a party refuses to accept the decision of the people's government, he/she may bring a suit at a people's court within one month from the date of receipt of the notice. Pending a settlement of the dispute over woods and forest land ownership, neither of the parties shall fell the woods in dispute. Article 18 No forest land or less forest land should be occupied in exploration and mining of mineral resources and all construction projects; where occupation or requisition of forest land is necessitated, formalities of examination and approval for land use for construction shall be completed pursuant to laws and administrative regulations on land administration upon the examination, verification and consent of the competent department of forestry of the people's government at or above the county level and the land use unit shall pay the forest vegetation restoration fee pursuant to the relevant provisions of the State Council. The forest vegetation restoration fee shall be used for the specified purpose. Competent departments of forestry shall make unified arrangement for tree planting and afforestation pursuant to relevant provisions and restore forest vegetation. The area of tree planting and afforestation shall not be less than the area of forest vegetation reduced as a result of occupation and requisition of forest land. The competent department of forestry at the next higher level should supervise, urge and inspect the competent department of forestry at the next lower level at regular intervals in the organization of tree planting and afforestation and restoration of forest vegetation. No unit or individual shall use the forest vegetation restoration fee for other purposes. Audit organs of people's governments at or above the county level should step up supervision over the use of the forest vegetation restoration fee. Chapter III Forest Protection Article 19 Local people's governments at all levels should organize the departments concerned in the establishment of forest protection organizations to be responsible for the work of forest protection; step up forest protection in the light of actual requirements in large-area forest regions by building additional forest protection facilities; supervise and urge grass-roots units with forests and those in forest regions to make a forest protection pledge, organize mass forest protection, delimit forest protection responsibility areas and assign full-time or part-time forest guards. Forest guards may be appointed by people's governments at the county level or at the village level. Main responsibilities of a forest guard are: to patrol and protect forest, and stop acts of destroying forest resources. A forest guard has the power to ask the local department concerned to deal with whoever that has caused destruction of forest resources. Article 20 Forest public security organs established in forest regions pursuant to relevant state provisions shall be responsible for the maintenance of the social order under jurisdiction and for the protection of forest resources under jurisdiction and may, pursuant to the provisions of this Law and within the authorized scope of the competent department of forestry under the State Council, exercise on its behalf the power of administrative penalties specified in Articles 39, 42, 43 and 44 of this Law. The Armed Forest Police Force performs the missions of prevention, extinguishment of forest fires and rescue operations assigned by the state. Article 21 Local people's governments at all levels should earnestly carry out the work of prevention and extinguishment of forest fires and rescue operations: (1) specifying forest fire prevention periods and banning field use of fire in a forest region during forest fire prevention periods; in case of necessity of use of fire owing to extraordinary circumstances, it must be subjected to the approval of the people's government at the county level or the authorized organ of the people's government at the county level; (2) installing fire prevention facilities in forest regions; (3) immediately organizing local army units, civilians and the departments concerned in fire extinguishment and rescue operations in the event of a forest fire; and (4) with respect to those injured, disabled or deceased in extinguishment of a forest fire and rescue operations, workers and staff members of the state shall be given medical treatment or pension for the deceased by the units wherein they are employed; non-state workers and staff members shall be given medical treatment or pension for the deceased by the unit where the fire broke out pursuant to the provisions of the competent department concerned under the State Council; where the unit where the fire broke out bears no responsibility for the outbreak of the fire or has no actual ability to bear the burden, the local people's government shall provide the medical treatment and pension for the deceased. Article 22 The competent departments of forestry at all levels shall be responsible for the organization of the work of prevention and control of forest plant diseases and insect pests. The competent departments of forestry shall be responsible for determining the objects of quarantine among nursery stocks of woods, delimiting quarantine areas and protective areas and carrying out quarantine of nursery stocks of woods. Article 23 Destruction of forest for reclamation and destruction of forest for quarrying, sand gathering and earth gathering as well as other acts of forest destruction are prohibited. Cutting of firewood and grazing in young forest lands and special-purpose forests are prohibited. Personnel entering forests and the fringe areas of forests must not shift or damage marks set up in the service of forestry without authorization. Article 24 The competent department of forestry under the State Council and people's governments of the provinces, autonomous regions and municipalities directly under the Central Government should delimit nature reserves and step up protection and administration in typical forest ecological regions, forest regions wherein rare and precious animals and plants grow and breed (multiply), natural tropical rain forest regions and other natural forest regions with special value of protection in different natural belts. Measures for the administration of nature reserves shall be worked out by the competent department of forestry under the State Council which shall come into force upon submission to the State Council for approval. Serious protection should be given to rare and precious trees outside nature reserves and plant resources with special value in forest regions; no felling or gathering thereof shall be made without the approval of the competent departments of forestry of the provinces, autonomous regions and municipalities directly under the Central Government. Article 25 Hunting and catching of wild animals under state protection in forest regions are prohibited; where hunting and catching are necessitated for special requirements, they shall be handled pursuant to relevant state provisions. Chapter IV Tree Planting and Afforestation Article 26 People's governments at all levels should work out planning for tree planting and afforestation and determine the goals to be striven for in raising forest coverage of the respective areas in the light of local conditions. People's governments at all levels should organize all trades and professions and rural and urban inhabitants in the fulfillment of tasks set in the planning for tree planting and afforestation. On barren hills and waste lands suitable for afforestation that belong to the state, afforestation shall be organized by the competent departments of forestry and other competent departments; on those belonging to collectives, afforestation shall be organized by collective economic organizations. Afforestation shall be organized by the competent departments concerned in the light of local conditions on either side of railways, highways, on either banks of rivers and on the rim of lakes and reservoirs; on land under use by industrial and mining areas, organs and schools, armed forces barracks as well as areas managed by farms, cattle farms and fish farms, afforestation shall be the responsibility of the said units. State-owned and collective-owned barren hills and waste lands suitable for afforestation may be contracted out to collectives or individuals for afforestation. Article 27 Woods planted by state-owned enterprises and institutions, organs, societies and armed forces shall be managed by the units that have planted them and gains from the woods shall be budgeted pursuant to state provisions. Woods planted by a unit of collective ownership shall belong to the said unit. Trees planted by rural inhabitants at the front and back of their farm houses, on plots of land for personal needs and plots on hills for personal needs belong to the said individuals. Trees planted by urban and township inhabitants, workers and staff members in the courtyards of their own houses belong to the said individuals. For state-owned and collective-owned barren hills and waste lands suitable for afforestation contracted out to collectives or individuals for afforestation, the trees planted after contracting belong to the contracting collectives or individuals; provisions of the contract shall be adhered to in case of separate provisions in the contract. Article 28 Local people's governments shall organize closure of mountains and hills for afforestation in newly-planted young forest lands and other places that necessitate the closure of mountains and hills for afforestation. Chapter V Forest Felling Article 29 The State strictly controls the annual rate of forest felling in accordance with the principle that the rate of consumption is lower than the rate of growth. Annual quotas for felling shall be worked out by state-owned forestry enterprises and institutions, farms, factories and mines as units with respect to the state-owned forests and woods and by counties as units with respect to collective-owned forests and woods and individually-owned woods which shall be collected and consolidated by the competent departments of forestry of the provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval upon examination and verification by people's governments at the corresponding level. Article 30 The State formulates a unified annual timber production plan. The annual timber production plan must not exceed the approved annual quota for felling. The scope of plan control shall be specified by the State Council. Article 31 The following provisions must be abided by in the felling of forests and woods: (1) For mature timber forests the modes of selective felling, total felling or gradual felling should be employed in the light of different conditions. Total felling shall be strictly controlled and renewed afforestation shall be completed within the same year of felling or the following year. (2) Only felling in the nature of tending and renewal is permitted in shelter forests and such special-purpose forests as national defence forests, mother tree forests, environmental protection forests and ornamental forests. (3) Felling is strictly prohibited in such special-purpose forests as woods at ancient and historic sites and revolutionary memorial places and forests in nature reserves. Article 32 Anyone who intends to fell timber must apply for a felling permit and the felling must be carried out pursuant to the provisions of the permit; but rural inhabitants who intend to fell scattered trees owned individually by themselves and growing on plots of land for their personal needs or at the front and back of their farm houses are excluded. For timber felling by state-owned forestry enterprises and institutions, organs, societies, armed units, schools and other state-owned enterprises and institutions, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry at or above the county level of the locality where they are located pursuant to relevant provisions. For renewal felling of railway and highway protection forests and urban and township trees, the felling permits shall be issued, upon examination and verification, by the competent departments concerned pursuant to relevant provisions. For timber felling by rural collective economic organizations, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry at the county level pursuant to relevant provisions. For the felling of trees on plots of hills or mountains for personal needs by rural inhabitants and collective woods contracted out to individuals, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry at the county level or the village or township people's governments entrusted by them pursuant to relevant provisions. Provisions of the afore-said paragraphs apply to the felling of bamboo groves with production of bamboo materials as the main aim. Article 33 Departments in charge of examination, verification and issuance of felling permits must not issue felling permits beyond the approved annual felling quotas. Article 34 State-owned forestry enterprises and institutions must, in applying for felling permits, present documents on survey and design of the felling area. Other units must, in applying for felling permits, present documents on the purpose, location, forest type, forest status, area, retained area, mode of felling and renewal measures relating to the felling. A felling permit issuing department has the power to withdraw the felling permit from a unit that fails to conform to provisions in felling operations and suspend its felling operations until a rectification has been made. Article 35 Timber felling units or individuals must, pursuant to the area, number of trees, species of trees and time period specified in the felling permits, complete the tasks of renewal and afforestation. The area of renewal and afforestation and number of trees to be planted anew must not be less than the felling area and number of trees already felled. Article 36 Control measures for the management and supervision of timber in forest regions shall be formulated separately by the State Council. Article 37 A transport permit issued by the competent departments of forestry shall be required for transporting timber out of a forest region, except for the timber unifiedly allocated by the state. The competent departments of forestry should issue transport permits for the transportation out of the forest regions of the timber felled pursuant to the provisions of the felling permits obtained in accordance with law. With the approval of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, timber inspection stations may be set up in forest regions to be responsible for the inspection of timber transportation. Timber inspection stations have the power to stop the timber transportation without obtainment of transport permits or allocation notices issued by the competent departments of materials. Article 38 The State prohibits and restricts the export of rare and precious trees and their products and derivatives. The catalogue and annual restricted export volume of rare and precious trees and their products and derivatives, the export of which is prohibited or restricted, shall be worked out by the competent department of forestry under the State Council in conjunction with the departments concerned under the State Council and submitted to the State Council for approval. Whoever intends to export rare and precious trees or their products and derivatives, the export of which is restricted as specified in the preceding paragraph, must go through the examination and verification of the competent departments of forestry under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government wherein the exporter is located, and then report to the competent department of forestry under the State Council for approval. The customs gives clearance on the strength of the approval document of the competent department of forestry under the State Council. For the import and export of those trees or their products and derivatives, which are among the endangered species and the import and export of which is restricted by an international convention to which China has acceded, an application for an import or export permit must be filed at the state import-export control agency for endangered species and the customs gives clearance on the strength of the import or export permit. Chapter VI Legal Liability Article 39 Whoever engages in pirate felling of forest or other trees shall compensate for the losses incurred in accordance with law; the offender shall be ordered by the competent department of forestry to plant ten times the number of trees piratica lly felled, confiscated of the trees piratically felled or the gains from the sales of trees piratically felled, and concurrently imposed a fine of more than three times and less than ten times the value of the trees piratically felled. Whoever engages in indiscriminate felling of forest or other trees shall be ordered by the competent department of forestry to plant five times the number of trees indiscriminately felled and concurrently imposed a fine of more than twice and less than five times the value of the trees indiscriminately felled. If the offender refuses to plant trees or fails to conform to relevant state provisions in planting trees, the competent department of forestry shall do it on his/her behalf and the expenses required be paid by him/her. Whoever piratically fells or indiscriminately fells forest or other trees shall, if a crime has been constituted, be investigated of the criminal liability according to law. Article 40 Whoever illegally fells or destroys rare and precious trees in violation of the provisions of this Law shall be investigated of criminal liability according to law. Article 41 Whoever issues timber felling permits beyond the approved annual felling quotas, or issues timber felling permits, timber transport permits, export approval documents or import or export permits beyond authority in violation of the provisions of this Law shall be ordered by the competent department of forestry of the people's government at the next higher level to make a rectification; the person-in-charge held directly responsible and other personnel directly responsible shall be imposed administrative sanctions according to law; in case of failure in enforcing rectification by the competent department of forestry of the people's government concerned, the competent department of forestry under the State Council may handle the case directly; where a crime has been constituted, criminal liability shall be investigated according to law. Article 42 Whoever engages in buying and selling of timber felling permits, timber transport permits, export approval documents and import or export permits in violation of the provisions of this Law shall be confiscated of the permits or documents illegally bought or sold and the illegal gains, and concurrently imposed a fine of more than 100% and less than three times the amount of price of the permits or documents illegally bought or sold; where a crime has been constituted, criminal liability shall be investigated according to law. Whoever forges timber felling permits, timber transport permits, export approval documents and import or export permits shall be investigated of criminal liability according to law. Article 43 Whoever illegally purchases timber that he/she clearly knows was piratically felled or indiscriminately felled in forest regions shall be ordered by the competent department of forestry to stop the illegal acts, confiscated of the timber piratically felled or indiscriminately felled and illegally purchased or the gains from the sales thereof, and may be concurrently imposed a fine of more than 100% and less than three times the amount of the price of the timber illegally purchased; where a crime has been constituted, criminal liability shall be investigated according to law. Article 44 Whoever, in violation of the provisions of this Law, engages in reclamation, quarrying, sand gathering, earth gathering, seed collection, resin collection and other activities resulting in the destruction of forests and woods shall compensate for the losses incurred according to law; the offender shall be ordered by the competent department of forestry to stop the illegal acts, to plant more than 100% and less than three times the number of the trees destroyed, and may be imposed a fine of more than 100% and less than five times the value of the trees destroyed. Whoever, in violation of the provisions of this Law, cuts firewood or grazes cattle in young forest lands or special-purpose forests resulting in the destruction of forests and woods shall compensate for the losses incurred according to law; the offender shall be ordered by the competent department of forestry to stop the illegal acts and plant more than 100% and less than three times the number of the trees destroyed. If the offender refuses to plant trees or fails to conform to relevant state provisions in planting trees, the competent department of forestry shall do it on his/her behalf, and the expenses required shall be paid by the offender. Article 45 If any timber felling unit or individual fails to fulfil the renewal afforestation tasks pursuant to provisions, the felling permit issuing department has the power to stop issuing felling permits to it or him/her until it or he/she has completed the renewal afforestation tasks; where the circumstances are serious, the competent department of forestry may impose a fine and the employer unit or the competent organ at the next higher level may impose administrative sanctions on the personnel directly responsible. Article 46 Functionaries of the competent departments of forestry engaging in forest resources protection and forestry supervision and administration and functionaries concerned of other state organs who abuse power, neglect duty and indulge in self-seeking misconduct constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law. Chapter VII Supplementary Provisions Article 47 The competent department of forestry under the State Council shall, in pursuance of this Law, formulate measures for its implementation, which shall be submitted to the State Council for approval and put into force thereupon. Article 48 In nationality autonomous localities where provisions of this Law may not be applicable in full, autonomous organs may, pursuant to the principles of this Law and in the light of the characteristics of nationality autonomous localities, formulate flexible or supplementary provisions and submit them to the standing committee of the provincial or autonomous regional people's congress or the Standing Committee of the National People's Congress according to legal procedures for approval before putting them into force. Article 49 This Law enters into force as of January 1, 1985. |
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