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深圳市生态公益林条例 Regulations of the Shenzhen Municipality on the Forests of Ecology and Commonweal

2009-03-24 法律英语 来源:互联网 作者:
of the forests of ecology and commonweal.

  The responsible person of administration may entrust the local collective economy organizations or the companies or individuals concerned to undertaking the routine conservation and other professional affairs of the forests of ecology and commonweal and shall sign a written trust contract.

  Article 15 The act in felling tree shall be prohibited. If felling tree is actually necessary to a basic installation construction or to a regeneration and reformation of tree and wood, it shall be submitted to the provincial administration department for forestry for approval according to the provisions after examination and verification by the Municipal Competent Department for Forestry and permission by the Municipal Government.

  Governments shall indemnify the operators or owners of the forests of ecology and commonweal for the economic damages caused by constructing, managing or protecting the forests of ecology and commonweal. The detailed measures on indemnification shall be promulgated separately by the Municipal Government.

  Units and individuals which have been proved to fell the forests of ecology and commonweal must complete the task of reforestation in terms of the area, number of trees, types of trees, quality and time limit as provided for, and the area of reforestation and the number of trees required to be planted shall be no smaller than the original area and the number of trees felled.

  Article 15 Such acts in the forests of ecology and commonweal as reclaiming land, quarrying stone, digging sand or earth, exploiting mine, cutting firewood, grazing animals, hunting, building graveyard and other deforestation acts shall be prohibited.

  Article 16 All units and individuals shall not illegally occupy the land of ecological and public forests and shall not change the land of ecological and public forests into the land of commodity forests or other uses.

  If requisitioning or occupying the land for forests of ecology and commonweal is actually necessary to a basic construction, it shall be approved by th

e provincial administration department for forestry after permission by the Municipal Government and examination by the Municipal Competent Department for Forestry, and then the examination formalities for using land shall be gone through by the municipal department for plan and land according to law and the unit using land shall pay in advance the cost of forest vegetation restoration according to the standards prescribed by the State. If the forest land which is requisitioned or occupied exceeds the areas provided by the State, it shall be submitted to the relevant department of the State for examination and approval according the provisions.

  The cost of forest vegetation restoration shall be embarked for specified purpose only and the municipal competent department for forestry is responsible to make an unified arrangement according to the requirements of the plan to plant the forests of ecology and commonweal, whose area, quantity and quality are equal to those of the requisitioned and occupied land for forests of ecology and commonweal, at other places.

  Article 17 The Municipal Competent Department for Forestry and the district or township people‘s governments shall make the arrangements for the relevant departments and local collective economic organizations to establish the organizations for protecting forest, and appoint full-time or part-time forest guards.

  Forest guards shall be appointed by the district or township people‘s governments and shall implement their duties according to law.

  Article 18 People‘s governments at all levels shall install the fire prevention facilities in the areas of the forests of ecology and commonweal and shall plant the forest belts of biological fire prevention according to terrain and landform. If necessary, an isolation belt of prevention fire may be built in the forest areas.

  Article 19 The headquarters of forest fire prevention of the municipal or district governments shall be responsible for organizing, harmonizing and supervising the task to prevent and put out a forest fire within their administrative areas, shall immediately organize strength to fight fire after receiving a forest fire alarm or a fire report, and shall, according to the provisions of the State, report to a higher body level by level; the departments such as in public security, fire control, traffic, sanitation and civil administration, etc. and the units such as in post, communication, food and medicine, etc. shall, according to the unified arrangement of the headquarters of forest fire prevention, do their best of material supply, medical aid, cases investigation, consolation and comfort. The municipal climate department is responsible for monitoring climate for forest fire-danger and to establishing a forecast system of forest fire-danger.

  Article 20 Within the scope of the forests of ecology and commonweal, the provisions of safety using fire shall be strictly complied with so as to prevent forest fire.

  The term from August 1 to April 15 in each year is a special one for forest fire prevention. Within the special term for forest fire prevention, the following provisions shall be complied with:

  (1) Using fire within the forests of ecology and commonweal shall be prohibited. Where using fire is necessary under special circumstances, it shall be subject to approval by the headquarter of forest fire prevention at or above the district level or by the authorized organs thereof, and the provisions of the State or province regarding safety using fire shall be strictly complied with.

  (2) Headquarters of forest fire prevention, forest public security organs and local public security organs at all levels shall organize personnel to keep a close surveillance and control on the hilltops and sections that are regarded as the focal points of fire prevention in the areas of the forests of ecology and commonweal, shall inspect the person

s and automobiles entering into forest areas and shall closely prevent the kindling materials being brought into forest areas.

  (3) News medium such as broadcast, television and newspaper, etc. shall in time publish and broadcast the climate forecast of forest fire which has been released by the municipal climate department.

  Legal festivals and holidays and traditional folk festivals are regarded as the special fire prevention terms for forest.

  Article 21 Municipal competent forestry department and people‘s governments at the district and township levels shall be responsible for organizing and harmonizing the prevention and elimination of forest plant diseases and insect pests within their administrative areas of the forests of ecology and commonweal and shall be responsible for establishing a system of investigation, calculation and forecast of forest plant diseases and insect pests. State-owned forest farms, collective economic organizations, forest work stations and operating units concerned shall positively cooperate with the organs of prevention and elimination of forest plant diseases and insect pests to develop the task of investigation, prevention and elimination of forest plant diseases and insect pests.

  Article 22 For building and reforming the forests of ecology and commonweal, good-quality seeds shall be selected, different seeds shall be reasonably arranged in pairs or groups according to the standards of mixed-forests, and the act that the seedlings with dangerous plant diseases and insect pests are used to grow seedlings or afforest forests shall be prohibited; the design program of afforestation must include the measures for prevention and elimination of forest plant diseases and insect pests; for the new afforestaion of young growth and middle-age growth and other areas which must be closed to facilitate afforestation, the implementation task shall be organized by local district or township governments.

  Article 23 The departments of entry and exit inspect and quarantine shall strengthen quarantine on plant seeds, woods and bamboo products entrancing into the frontier and prevent forest diseases and inspect pests outside the frontier from spreading into country; the departments of prevention and control on forest diseases and inspect pests shall make a quarantine at place of origin and during allocation and transportation, and must take measures in time to blockade and exterminate dangerous diseases and inspect pests newly entered into country as soon as find them.

  Article 24 Where forest diseases and inspect pests epidemic occurs, people‘s governments at all levels and departments of prevention and control on forest diseased and inspect pests shall, according to the serious degree of epidemic, organize in time the relevant units and individuals to take extermination measures so as to prevent the epidemic from spread out, and shall, according to the provisions of the State, report to higher organs level by level; while using pesticide or other medicaments the relevant provisions shall be complied with so as to prevent from environmental pollution, ensure safety of people and animals and reduce injury to beneficial living things.

  Article 25 The municipal and district competent departments for forestry shall, according to the provisions of laws and regulations, protect and manage the resource of terrestrial wild animals and plants; their subordinate administrative departments for wild animals and plants shall, based on the function provided, do their best to assist the competent departments to protect and manage terrestrial wild animals and plants and shall accept trust from the competent departmen

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