中华人民共和国森林法(修正) Forest Law of the Peoples Republic of China
2009-03-24 法律英语 来源:互联网 作者: ℃(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)
颁布日期:19980429 实施日期:19980701 颁布单位:全国人大常委会
Contents
Chapter I General Provisions
Chapter II Forest Management and Administration
Chapter III Forest Protection
Chapter IV Tree Planting and Afforestation
Chapter V Forest Felling
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
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 legiti
mate 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 d
┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/
- 相关阅读
- 二十四节气 The 24 Solar Terms04/23
- On the understanding that:如果,以……为条件04/23
- Pull off:努力实现04/23
- Head off:阻止,拦截04/23
- 走后门怎么说?through the back door04/23
- What are the Leonids?狮子座流星群04/23
- 买一送一 two-for-one offer04/23
- the lions share-最大的份额04/23
- See the light 理解明白04/23
- Add fuel to the fire04/23
