中华人民共和国森林法（修正） Forest Law of the Peoples Republic of China

epartment at the next higher level for approval and implementation thereupon.

　　The competent departments of forestry should guide rural collective economic organizations and state-owned farms, cattle farms and industrial and mining enterprises in the compilation of forest management schemes.

　　Article 17 Disputes arising between units over timber and forest land ownership and the right of use shall be handled by people's governments at or above the county level according to law.

　　Disputes arising between individuals and between an individual and a unit over woods ownership and the right of use of forest lands shall be handled by local people's governments at the county level or at the village level according to law.

　　When a party refuses to accept the decision of the people's government, he/she may bring a suit at a people's court within one month from the date of receipt of the notice.

　　Pending a settlement of the dispute over woods and forest land ownership, neither of the parties shall fell the woods in dispute.

　　Article 18 No forest land or less forest land should be occupied in exploration and mining of mineral resources and all construction projects; where occupation or requisition of forest land is necessitated, formalities of examination and approval for land use for construction shall be completed pursuant to laws and administrative regulations on land administration upon the examination, verification and consent of the competent department of forestry of the people's government at or above the county level and the land use unit shall pay the forest vegetation restoration fee pursuant to the relevant provisions of the State Council. The forest vegetation restoration fee shall be used for the specified purpose. Competent departments of forestry shall make unified arrangement for tree planting and afforestation pursuant to relevant provisions and restore forest vegetation. The area of tree planting and afforestation shall not be less than the area of forest vegetation reduced as a result of occupation and requisition of forest land. The competent department of forestry at the next

higher level should supervise, urge and inspect the competent department of forestry at the next lower level at regular intervals in the organization of tree planting and afforestation and restoration of forest vegetation.

　　No unit or individual shall use the forest vegetation restoration fee for other purposes. Audit organs of people's governments at or above the county level should step up supervision over the use of the forest vegetation restoration fee.

　　Chapter III Forest Protection

　　Article 19 Local people's governments at all levels should organize the departments concerned in the establishment of forest protection organizations to be responsible for the work of forest protection; step up forest protection in the light of actual requirements in large-area forest regions by building additional forest protection facilities; supervise and urge grass-roots units with forests and those in forest regions to make a forest protection pledge, organize mass forest protection, delimit forest protection responsibility areas and assign full-time or part-time forest guards.

　　Forest guards may be appointed by people's governments at the county level or at the village level. Main responsibilities of a forest guard are: to patrol and protect forest, and stop acts of destroying forest resources. A forest guard has the power to ask the local department concerned to deal with whoever that has caused destruction of forest resources.

　　Article 20 Forest public security organs established in forest regions pursuant to relevant state provisions shall be responsible for the maintenance of the social order under jurisdiction and for the protection of forest resources under jurisdiction and may, pursuant to the provisions of this Law and within the authorized scope of the competent department of forestry under the State Council, exercise on its behalf the power of administrative penalties specified in Articles 39, 42, 43 and 44 of this Law.

　　The Armed Forest Police Force performs the missions of prevention, extinguishment of forest fires and rescue operations assigned by the state.

　　Article 21 Local people's governments at all levels should earnestly carry out the work of prevention and extinguishment of forest fires and rescue operations:

　　(1) specifying forest fire prevention periods and banning field use of fire in a forest region during forest fire prevention periods; in case of necessity of use of fire owing to extraordinary circumstances, it must be subjected to the approval of the people's government at the county level or the authorized organ of the people's government at the county level;

　　(2) installing fire prevention facilities in forest regions;

　　(3) immediately organizing local army units, civilians and the departments concerned in fire extinguishment and rescue operations in the event of a forest fire; and

　　(4) with respect to those injured, disabled or deceased in extinguishment of a forest fire and rescue operations, workers and staff members of the state shall be given medical treatment or pension for the deceased by the units wherein they are employed; non-state workers and staff members shall be given medical treatment or pension for the deceased by the unit where the fire broke out pursuant to the provisions of the competent department concerned under the State Council; where the unit where the fire broke out bears no responsibility for the outbreak of the fire or has no actual ability to bear the burden, the local people's government shall provide the medical treatment and pension for the deceased.

　　Article 22 The competent departments of forestry at all levels shall be responsible for the organization of the work of prevention and control of forest plant diseases and insect pests.

　　The competent departments of forestry shall be responsible for determining the objects of quarantine among nursery stocks of woods

, delimiting quarantine areas and protective areas and carrying out quarantine of nursery stocks of woods.

　　Article 23 Destruction of forest for reclamation and destruction of forest for quarrying, sand gathering and earth gathering as well as other acts of forest destruction are prohibited.

　　Cutting of firewood and grazing in young forest lands and special-purpose forests are prohibited.

　　Personnel entering forests and the fringe areas of forests must not shift or damage marks set up in the service of forestry without authorization.

　　Article 24 The competent department of forestry under the State Council and people's governments of the provinces, autonomous regions and municipalities directly under the Central Government should delimit nature reserves and step up protection and administration in typical forest ecological regions, forest regions wherein rare and precious animals and plants grow and breed (multiply), natural tropical rain forest regions and other natural forest regions with special value of protection in different natural belts.

　　Measures for the administration of nature reserves shall be worked out by the competent department of forestry under the State Council which shall come into force upon submission to the State Council for approval.

　　Serious protection should be given to rare and precious trees outside nature reserves and plant resources with special value in forest regions; no felling or gathering thereof shall be made without the approval of the competent departments of forestry of the provinces, autonomous regions and municipalities directly under the Central Government.

　　Article 25 Hunting and catching of wild animals under state protection in forest regions are prohibited; where hunting and catching are necessitated for special requirements, they shall be handled pursuant to relevant state provisions.

　　Chapter IV Tree Planting and Afforestation

　　Article 26 People's governments at all levels should work out planning for tree planting and afforestation and determine the goals to be striven for in raising forest coverage of the respective areas in the light of local conditions.

　　People's governments at all levels should organize all trades and professions and rural and urban inhabitants in the fulfillment of tasks set in the planning for tree planting and afforestation.

　　On barren hills and waste lands suitable for afforestation that belong to the state, afforestation shall be organized by the competent departments of forestry and other competent departments; on those belonging to collectives, afforestation shall be organized by collective economic organizations.

　　Afforestation shall be organized by the competent departments concerned in the light of local conditions on either side of railways, highways, on either banks of rivers and on the rim of lakes and reservoirs; on land under use by industrial and mining areas, organs and schools, armed forces barracks as well as areas managed by farms, cattle farms and fish farms, afforestation shall be the responsibility of the said units.

　　State-owned and collective-owned barren hills and waste lands suitable for afforestation may be contracted out to collectives or individuals for afforestation.

　　Article 27 Woods planted by state-owned enterprises and institutions, organs, societies and armed forces shall be managed by the units that have planted them and gains from the woods shall be budgeted pursuant to state provisions.

　　Woods planted by a unit of collective ownership shall belong to the said unit.

　　Trees plante

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