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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

2009-03-24 法律英语 来源:互联网 作者:
administrative punishment shall be imposed according to law: (1) Failing to complete reforestation task in 2 consecutive years; (2) Area of reforestation of the year less than 50% of the area of reforestation required; (3) Except the arid or semiarid areas stipulated specially by the state, reforestation survival rate of the year less than 85%; (4) Unit responsible for tree planting and afforestation failing to complete afforestation task on time in accordance with the requirements of the people's government at county level where it is located.

  Article 43 Where ones alter the uses of forestry land without authorization based on no approval according to examination by the competent forestry departments of the people's governments at or above county level, the competent forestry authority of people's government at or above county level shall order restoration to its original condition within certain time limit, and impose a fine of not less than RMB 10 Yuan but not more than RMB 30 Yuan per square meter for the forest land with illegal change of purpose. For non-return of temporary occupied forest land exceeding time limit, punishment shall be imposed in accordance with provisions in the immediate section above.

  Article 44 For transportation of timber without timber transportation permit, the competent forestry authority of people's government at or above county level shall confiscate the illegally transported timber, and may impose on the consignor a fine of less than 30% of the prices of illegally transported timber. For the timber volume transported exceeding the transportation volume allowed by the timber transportation permit, the competent forestry authority of people's government at or above county level shall confiscate the exceeding portion of the timber; for the transported tree species, wood assortment or specification not conforming to the contents of the timber transport permit and without reasonable grounds, shall confiscate the portion of timber not in conformity. For limber transportation using forged or altered timber transportation permit, the competent forestry authority of people's government at county or above level shall confiscate the illegally transported timber, and impose a fine of not lees than 10% but not more than 50 % of the prices of the c

onfiscated timber. For transportation of timber without timber transportation permit, the competent forestry authority of people's government at county or above level shall confiscate the carriage, and impose a fine of not less than 1 but not more than 3 times the carriage.

  Article 45 Where ones move service labels without authorization or damage them, the competent forestry authority of people's government at county or above level shall order restoration to its original condition within certain time limit; for non-restoration exceeding such time limit, the competent forestry authority of people's government at or above county level shall restore instead at the expenses of the violator.

  Article 46 For change of shelter forest or special-use forest to other forest category without approval in violation of these Provisions, the competent forestry authority of people's government at county or above level shall retrieve the forest ecological benefit compensation received by the operator, and impose a fine less than 3 times the received forest ecological benefit compensation.

  Chapter Seven Supplementary Provisions

  Article 47 The division of duties and powers of the competent forestry authorities of people's governments at or above county level in these Provisions shall be stipulated in detail by the competent forestry authority of the State Council.

  Article 48 These Provisions shall take effect as from the date of promulgation. The ( Regulation for Implementation of Forestry Law of the People's Republic of China ) approved by the State Council on April 28th 1986 and promulgated by the Ministry of Forestry on May 10, 1986 shall be invalidated simultaneously

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