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

evention and other emergency situations, the units or departments organizing the same shall, within 30 days as from the ending date of such emergency, report the forest wood cutting condition to the local compete

nt forestry authority of people's government at or above county level.

　　Article 31 Where a unit or individual has committed any of the following conditions, the department in charge shall not issue a permit for felling of forest trees: (1) Non-tending or non-reforestation cutting of shelter forest or special-use forest, or cutting forest wood during period of "closing of hillsides to facilitate afforestation" or within area thereof; (2) Failing to complete reforestation task after previous year's cutting; (3) Failing to take preventive or improving measures provided that material denudation case, forest fire or serious forest disease and pest damages with large affected areas occurs. The pattern of forest wood felling permit shall be stipulated by the competent forestry authority of State Council, and be printed by the competent forestry authority of people's government of province, autonomous region, municipality directly under central authority.

　　Article 32 Except expressly provided in Forestry Law, the forest wood felling permit shall be issued after examination in accordance with following purview: (1) For state-owned forestry center subject to county, the permit shall be issued after examination by the competent forestry authority of people's government at county level where it is located. (2) For state-owned forestry enterprise or undertaking unit or other state-owned enterprise or undertaking unit subject to province, autonomous region, municipality directly under central authority as well as city with districts or autonomous prefecture, the permit shall be issued after examination by the competent forestry authority of people's government of province, autonomous region or municipality directly under central authority where it is located; (3) For state-owned forestry enterprise or undertaking unit within key forest zone, the permit shall be issued after examination by the competent forestry authority of State Council.

　　Article 33 The cutting of timber forest constructed by using foreign investment up to certain scale, shall be approved by the competent forestry authority of the people's government of a province, autonomous region or municipality directly under central authority within the annual forest felling limit approved by the State Council, and shall be listed separately in respect of cutting limit.

　　Article 34 The timber operation (including processing) in forest zone must be approved by the competent forestry authority of the people's governments at or above county level. Timber procurement unit or individual shall not procure timber without forest tree felling permit or other lawful origin certificates. The timber in the immediate section above refers to log, saw timber, bamboo wood, wood chip and other timbers stipulated by province, autonomous region or municipality directly under central authority.

　　Article 35 In order to carry timber that is not generally appropriated by the state out of forest zone, the carrier must have timber transportation permit issued by the competent forestry authority of the people's government at or above county level. The timber transportation permit for key forest zone shall be issued after examination by the competent forestry authority of the State Council; other timber transportation permits shall be issued after examination by the competent forestry authority of local people's government at county or above level. Timber transportation permit is valid during the whole journey from the place of dispatch of timber to the destination, and must be with the cargo all along. Without timber transportation permit, any unit or individual carrier shall not carry. The pattern of the timber transportation permit shall be stipulated by the competent forestry authority of State Council.

　　Article 36 In application for timber transportation permit, the following proving documents shall be submitted: (1) Forest tree felling permit or other

lawful origin certificates; (2) Quarantine certificate; (3) Other documents stipulated by province, autonomous region or municipality directly under central authority. If the conditions in the immediate section above are satisfied, the competent forestry authority of people's government at or above county level having accepted such application shall issue the timber transportation permit within 3 days as from the date of receiving such application. The total volume of transported timber allowed by the legally issued timber transportation permit shall not exceed the total volume of timber allowed to be carried out for sales stipulated by the local annual timber production plan.

　　Article 37 The timber prosecution center set in forest zone approved by the people's government of a province, autonomous region or municipality directly under central authority shall be responsible for the inspection of timber transportation; for timber transportation without permit, the timber inspection station shall prevent it from happening, and may seize the timber without permit temporarily, and immediately report to the competent forestry authority of people's government at county or above level for legal disposition.

　　Chapter Six Legal Liabilities

　　Article 38 Where ones fell forest or other forest wood unlawful and results in less than 0.5 cube meters calculated by standing wood areas or more than 50 young trees felled, the competent forestry departments under the people's governments at or above county level order them to plant trees as many as 10 times amount of the unlawful felled trees, confiscate the unlawfully felled timber or sales proceeds, and impose a fine of not less than 3 times but not more than 5 times the value of the unlawfully felled timber. For unlawful felling of forest or other forest wood with standing volume more than 0.5 cube meters or saplings more than 20 stems, the competent forestry authority of people's government at county or above level shall order replanting of 10 times the amount of unlawfully felled trees, confiscate the unlawfully felled timber or sales proceeds, and impose a fine of not less than 5 times but not more than10 times the value of the unlawfully felled timber.

　　Article 39 For denudation of forest or other forest wood with standing volume less than 2 cube meters or saplings less than 50 stems, the competent forestry authority of people's government at county or above level shall order replanting of 5 times the amount of denudated trees, and impose a fine of not less than 2 times but not more than 3 times the value of the denudated timber. For denudation of forest or other forest wood with standing volume more than 2 cube meters or saplings more than 50 stems, the competent forestry authority of people's government at county or above level shall order replanting of 5 times the amount of denudated trees, and impose a fine of not less than 3 times but not more than 5 times the value of the denudated timber. For felling of forest or other forest wood exceeding timber production plan, the punishment shall be imposes in accordance with the provisions of the two sections herein above.

　　Article 40 For timber operation (including processing) in forest zone without approval in violation of these Provisions, the competent forestry authority of people's government at county or above level shall confiscate the timber operated unlawfully and illegal gains, and impose a fine of not more than 2 times the illegal gains.

　　Article 41 For damages to forest or forest wood resulting from destroying forest to collect seeds or violating rules of operation technique to tap resin, dig bamboo shoot, extract stumps, debark or over lop in violation of these Provisions, destruction planting or violation of technique operation, to cause destruction of forest, forest wood, the losses shall be compensated according to law, and the competent forestry authority of people's governm

ent at or above county level shall order cessation of the illegal conduct, replant trees of not lees than 1 but not more than 3 times the amount of destroyed stems, and may impose a fine of not less than 1 but not more than 5 times the value of destroyed forest wood; for refusing to replant trees or the replanting not conforming to relevant state regulations, the competent forestry authority of people's government at county or above level shall organize replanting instead at the violator' expenses. For damages to forest or forest wood resulting from bringing barren land under cultivation without authorization in violation of Forest Law and these Provisions, the punishment shall be imposed in accordance with provisions of Article 44 of Forest Law; in case of no damage done to the forest or forest wood or no forest or forest wood on the forest land brought under cultivation, the competent forestry authority of the people's government at or above county level shall order cessation of the illegal conduct and restoration to its original condition within certain time limit, and may impose a fine less than RMB 10 Yuan per square meter of the illegally forest land brought under cultivation.

　　Article 42 If either of the following conditions exists, the competent forestry authority of people's government at county or above level shall order completion of forestation task within certain time limit; if not completed upon the expiry of such time limit, may impose a fine less than 2 times the expenses necessary for the uncompleted afforestation task that should have been completed; for directly responsible officer and other directly liable persons,

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