中华人民共和国森林法实施条例 Regulations for the Implementation of Forestry Law of the Peoples Republic of China

land in construction with the approval document according to law. Without examination and approval by the competent forestry authority for the occupancy or confiscation of forest land, the competent land administration authority shall not process application for use of land in construction. (2) For occupation or confiscation of forest land of shelter forest land or special-use forest land with an area over 10 hectares, or timber forest, economic forest or fuel forest as well as cutting blank over 35 hectares, or other forest land over 70 hectares, it shall be examined by the competent forestry authority of the State Council; for occupation or confiscation of forest land with an area below the above regulated amount, it shall be examined by the competent forestry authority of the people's government of a province, autonomous region or municipality directly under the central authority. Occupation or confiscation of forest land of key forest zone shall be examined by the competent forestry authority of the State Council. (3) When the unit using land needs to cut the forest wood on the forest land occupied or confiscated with approval, it shall apply for forest wood felling permit from the competent forestry authority of the people's government at or above county level where the forest land is located or from the competent forestry authority of State Council. (4) If the occupation or confiscation of forest land is not approved, the relevant competent forestry authority shall refund the forest cover restoration fees charged within 7 days as from the date of receipt of notice of non-approval.

　　Article 17 Where ones need to occupy and use forest land temporarily, they shall obtain the approval of the competent departments of the people's governments at or above county level. The period of temporary usage of forest land shall not exceed 2 years, and it's prohibited to construct permanent structure on the temporarily used forest land; after such period expires, unit using land must restore forestry production conditions.

　　Article 18 Temporary occupancy of forest land requi

red for building engineering facility directly used for serving forestry production by forest operation unit within the range of the forest land it operated, shall be approved by the competent forestry authority of the people's government at or above county level; for building other engineering facilities and requiring forest land to be changed to non-forestry land for use in construction, procedures of examination and approval for use of land in construction must be conducted according to law. The engineering facility directly used for serving forestry production in aforesaid section refers to: (1) Facility for cultivation or production of seed or nursery stock; (2) Facility for storage of seeds, nursery stock, timber; (3) Logger road or carriage way; (4) Forestry scientific research, test or model base; (5) Facility for wild life and plant protection, forest protection, forest disease and pest damage prevention, forest fire prevention, timber quarantine; (6) Infrastructure for water supply, power supply, heat supply, gas supply or communication.

　　Chapter Three Forest Protection

　　Article 19 The competent forestry authority of the people's government at or above county level shall, according to the investigation and monitoring of the targeted object by forest disease and pest damage monitor and forecast center, periodically release long-term, mid-term and short-term forest disease and pest damage forecast, and give preventive suggestions timely. The forest operator shall use fine variety, construct mixed forest, carry out scientific afforestation and improve the ability to prevent forest disease and pest damages. When forest disease and pest damage occurs, relevant departments and forest operators shall take integrated control measures to timely eliminate and treat the damages. When serious forest disease and pest damage occurs, the local people's government shall take emergency eliminate-and-treat measures to prevent spreading and eliminate hidden damages.

　　Article 20 The competent forestry authority of the State Council is responsible for determination of the national germ chit quarantine objects of forest wood. The competent forestry authority of people's government of province, autonomous region, or municipality directly under the central authority may, according to need of the region, determine supplementary germ chit quarantine objects of forest wood of the said province, autonomous region or municipality directly under the central authority, and report the same to the competent forestry authority of the State Council for the record.

　　Article 21 It is prohibited to destroy forest for bringing under cultivation or collecting seed, or violate rules of operation technique to tap resin, dig bamboo shoot, extract stumps, debark or over lop.

　　Article 22 Slopes of 25 degrees or above shall be used for tree or grass planting. Hillside cultivated of 25 degrees or above shall give up cultivation gradually for tree or grass planting according to the plan formulated by the local people's government.

　　Article 23 When forest fires occurs, local people's government must immediately organize army-civilian forces to put it down; relevant authority shall actively prepare for fire rescue material supply, transportation and communication, medical and etc. work.

　　Chapter Four Tree Planting and Afforestation

　　Article 24 The "forest acreage" in Forestry Law, refers to the percentage of forest area to land area as per administrative domain. Forest area includes arbor forest land area and bamboo forest land area with canopy density over 0.2, shrub forest land area stipulated specially by the state, and the coverage area of farmland forest net and village-side, roadside, waterside, house-side forest wood. The local people's government at or above county level shall, according to the striving target of forest acreage determined by the State Council, determine the striving targ

et of forest acreage of the administrative domain, and organize implementation.

　　Article 25 Tree planting and afforestation shall comply with rules of afforestation technique, and execute scientific afforestation, and enhance survival rate. The people's government at county level shall organize inspection and acceptance of the afforestation of the year within the said administrative domain, and except the arid or semiarid areas stipulated specially by the state, those with less than 85% survival rate shall not be calculated into the completed annual forestation area.

　　Article 26 The state adopts department and unit responsibility system in afforestation and greening. The relevant unit in charge of the sides of railway or road, the banks of river or the around of lake or reservoir, shall be the responsible unit for afforestation and greening. For industrial or mining area, undertaking or school land, troop camp as well as farm, grazing land, fishery operation area, such unit shall be the responsible unit for afforestation and greening. The afforestation and greening task of the responsible unit shall be confirmed by the local people's government at county level by issuing a notice of responsibility.

　　Article 27 The state protects the title of forest wood and other lawful rights and interests owned by the contracted forest grower. Without both the employer and the contractor' unanimous agreement, modification to or revocation of the afforestation contract is prohibited.

　　Chapter Five Forest Felling

　　Article 28 The annual forest felling limit shall be formulated as per state-owned forestry enterprise or undertaking unit, farms, or plant or mining unit in respect of state owned forest or forest wood, and as per county in respect of collective-owned forest or forest wood and individual-owned forest wood, and then the competent forestry authority of people's government of province, autonomous region or municipality directly under central authority shall generalize and balance the same, and after being reviewed by the people's government at the same level, the same shall be reported to the State Council for approval; among others, the annual forest felling limit of key forest zone shall be reviewed by the competent forestry authority of State Council, and then be reported to the State Council for approval. The annual forest felling limit approved by the State Council shall be reviewed and determined once every 5 years.

　　Article 29 The logging of forest or forest wood used for commercial sales must be put them in the state's annual timber production plan; notwithstanding, except the felling by rural resident of the individual-owned fuel forest on hill retained for private needs and the individual-owned odd forest wood on plot for private use or around house.

　　Article 30 In application for forest wood felling permit, besides submission of the certificate of title or certificate of right of use in respect of the forest wood intended, other relevant proving documents shall also be submitted in accordance with following provisions: (1) State-owned forestry enterprise or undertaking unit shall also submit cutting area survey design document and previous year's cutting reforestation acceptance certificate; (2) Other units shall also submit documents comprising the purpose of cutting, location, forest category, forest condition, area, amount of growing stock, method, reforestation measures and etc. of the forest wood. (3) Individual shall also submit documents comprising the location, area, tree category, number of trees, amount of growing stock, time of reforestation and etc. of the forest wood. In the event of forest wood cutting required by forest fire rescue, flood pr

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