Proposal of the Agriculture and Rural Committee of the National People's Congress on Requesting Review of the Forest Law of the People's Republic of China ( Revised Draft)
Standing Committee of the National People's Congress:
According to the legislative plan of the 13th NPC Standing Committee and the 2019 legislative work plan, the NPC Agriculture and Rural Committee, in conjunction with relevant parties, has drawn up on the basis of conscientiously summing up practical experience, conducting in-depth investigations, listening to opinions, and demonstrating repeatedly. Forest Law of the People's Republic of China (Revised Draft). The revised draft has been deliberated and approved by the Fifth Plenary Session of the Agriculture and Rural Committee of the National People's Congress, and is now being submitted for deliberation.
Agriculture and Rural Committee of the National People's Congress
June 3, 2019
Notes on the Forest Law of the People's Republic of China ( Revised Draft)
------ At the 11th meeting of the Standing Committee of the 13th National People's Congress on June 25, 2019
Wang Xiankui, Deputy Chairman of the Agriculture and Rural Committee of the National People's Congress
Chairman, deputy chairmen, secretary general, members:
I was entrusted by the Agriculture and Rural Committee of the National People's Congress to explain the relevant issues of the Forest Law of the People's Republic of China (Revised Draft).
I. The necessity of amending the forest law
The current forest law was deliberated and adopted at the seventh meeting of the Standing Committee of the Sixth National People's Congress in 1984 and was amended in 1998. The promulgation and implementation of the Forest Law has played a very important role in protecting and rationally using forest resources, accelerating land greening, and promoting forestry development. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has taken the construction of ecological civilization as an important part of the overall promotion of the overall layout of the "Five in One" and the coordinated advancement of the "Four Comprehensive" strategic layout. It is the main body and important resource of terrestrial ecosystem, and an important ecological barrier for human survival and development. Forestry construction is a fundamental issue related to the sustainable development of economy and society. Forestry must create better ecological conditions for the construction of ecological civilization and beautiful China. Implementing Xi Jinping's thought of ecological civilization is the guiding principle and fundamental observance of forestry reform and development.
At present, the situation, tasks and functional positioning of forestry have undergone fundamental changes, and there is an urgent need to make corresponding amendments and improvements to the existing forest law to provide legal guarantee for forestry reform and development.
The first is to promote the construction of a modern forestry governance system. To build modern forestry, we should mobilize the enthusiasm of various business entities, protect their legitimate rights and interests, strengthen the protection of property rights, change the administrative management mode that emphasizes approval and not supervision, and cancel the management system with a planned economy, and differentiate different types of forests. Management measures to establish and improve the modern forestry management system and mechanism that are constantly strengthening to meet the requirements of forest ecological functions.
The second is to promote forestry transformation and sustainable development. In recent years, the reform of state-owned forest farms and state-owned forest areas has been in full swing, and the reform of the collective forest tenure system has gradually deepened.In 2016, measures such as the complete cessation of commercial logging of natural forests have been continuously promoted.Forestry development has shifted from producing timber to ecological construction. From the main supply of material products to the provision of high-quality ecological products for the whole society, to meet the diverse needs of economic society and ecological culture. Adapting to the fundamental changes in the positioning of forest functions and timely transforming effective reform measures that have been tested in practice into legal norms can further ensure and lead the sustainable development of forestry.
The third is to accelerate land greening and improve forest quality. After unremitting efforts, China's forest resources protection and ecological restoration have made significant achievements, but in general there are still problems such as lack of forests, little green, and low forest quality. The government's responsibility for protecting forest resources should be strengthened more scientifically, the whole society should be effectively mobilized to promote land greening, and the quantity and quality of forest resources should be steadily improved.
The process, guiding ideology and main principles of revising the forest law
The amendment to the Forest Law is a project determined by the legislative plan of the 13th NPC Standing Committee and drafted by the NPC Agriculture and Rural Committee. The Agriculture and Rural Committee attaches great importance to it, and organizes relevant units to set up a leading group and working group for the revision of the forest law. During the revision process, in-depth investigations and studies were conducted, and the opinions of people's congress deputies, grassroots cadres, forest farmers and state-owned and non-public forestry enterprises were carefully listened to.They have successively solicited the agricultural committees of 31 provinces (autonomous regions, municipalities directly under the Central Government), the Central Committee, and the State Council. Opinions of relevant departments and scientific research institutions. Based on repeated research and demonstration, the Forest Law (Revised Draft) (hereinafter referred to as the draft) has been formed. Revise the guiding ideology of the Forest Law: fully implement the spirit of the 19th National Congress of the CPC and the 2nd and 3rd Plenary Sessions of the 19th Central Committee of the Communist Party of China, and take Xi Jinping's thoughts of socialism with Chinese characteristics in the new era as a guide, conscientiously implement the practice of eco-civilization in Jinping and practice green water Qingshan is the concept of Jinshan and Yinshan. It adheres to the harmonious coexistence of man and nature, regulates and promotes the sustainable use and development of forest resources with legislation, maintains forest ecological security, and promotes the construction of forest ecological civilization and the development of modern forestry. The principles followed in the amendment of the Forest Law are: first, adhere to the priority of ecology, and unify the ecological, economic and social benefits; second, adhere to the priority of protection and achieve sustainable use and development of forest resources; third, adhere to the decisive role of market allocation of resources and Government
Combined with the necessary macro-control of the government, forest classified management is implemented; the fourth is to adhere to respecting the laws of nature and economic laws, and to protect the legitimate rights and interests of various forestry management entities.
Third, modify the main content of the forest law
(1) About forest ownership
Defining forest tenure and strengthening forest tenure protection are the focus of this law amendment. According to the practical experience of forest ecological construction and collective forest tenure reform, the draft adds a chapter on "forest tenure" to address the reality of China's forest tenure, that is, forest land includes the state, collective ownership, and forest trees include the state, collective, and individual ownership. Differentiating subjects separately stipulates that "mounting power, setting roots, setting people's hearts, and government's responsibilities".
First, it is clear that the State Council exercises state ownership of state-owned forest resources on behalf of the state. The State Council can authorize the relevant departments to exercise or entrust the people's governments of provinces, autonomous regions, and municipalities directly under the central government to perform the owner's duties. According to the state-owned forest reform and management situation, the draft stipulates that state-owned forests, forests and woodlands can be determined for use by forestry management entities of multiple ownerships according to law; forestry management entities have obtained the right to use state-owned forests, forests and forest land according to law. It can be transferred, leased out, and made capital contribution upon approval, and specific measures shall be formulated by the State Council. (Articles 12 and 13 of the draft)
The second is to clarify that collectively owned and state-owned forest lands collectively used by farmers are contracted according to law.The contractor enjoys the right to manage the forest land and the ownership of the forest on the contracted forest land. If the contract otherwise agrees, the contractor may independently decide to take Lease (subcontract), shareholding, mortgage, transfer and other methods to transfer forest land management rights, forest ownership and use rights. At the same time, the draft also clarifies that uncontracted collective forest land and forest trees are managed by rural collective economic organizations; the forest land and forest trees managed by collective economic organizations can transfer forest land management rights, forest ownership and use rights according to law through democratic procedures. (Articles 14 and 15 of the draft)
The third is to clarify that the state encourages, supports and guides forestry business entities with multiple ownerships to develop various forms of forestry industries on state-owned or collectively-owned forest land obtained in accordance with the law, and protects the legitimate rights and interests of forest land management rights and forest ownership rights . (Draft article 19)
(II) Classified Forest Management
Classified management is the focus of this amendment. In order to give full play to the multiple functions of forests and meet the diverse needs of society, we must consider not only ecological benefits and forestry development, but also forest farmers' rights and interests and forest area stability. According to different forest ecological locations and leading functions, forests are divided into public welfare forests and commercial forests in practice, and differentiated policy management measures are adopted. This legal amendment will upgrade this mature and feasible practical experience into legal norms, while reducing the concept of overlap and crossover.
About public welfare forest . The draft stipulates that forests with important ecological locations or fragile ecological conditions, with the main purpose of exerting ecological benefits, are designated as public welfare forests and strictly protected; eight types of areas, such as the watershed area at the source of rivers, the main rivers and tributaries, should be designated Public welfare forests; public welfare forests shall be designated and announced by the State Council or the people ’s governments of provinces, autonomous regions and municipalities. Public welfare forests are strictly protected and can only be harvested for tending and regeneration purposes. The management of public welfare forests can make reasonable use of forest land resources and forest landscape resources, but it shall meet the requirements of ecological location protection and shall not damage the ecological functions of public welfare forests. (Articles 23, 24, 46 and 50 of the draft)
Aiming at the ecological function attributes of public welfare forests, summarize the experience of central and local implementation of forest ecological benefit compensation since 2001. The draft stipulates that the state establishes a forest ecological benefit compensation system, and the central and local governments allocate funds separately, mainly for economic compensation of public welfare forests. , Management and protection expenditures and leases, redemptions, and replacements of non-state-owned public welfare forests shall be used for special purposes and shall not be withheld or embezzled. (Articles 5 and 26 of the draft)
Thing about commercial forest . The draft stipulates that the forests that are not designated as public welfare forests are commercial forests, which mainly exert economic benefits. The state encourages the development of commercial forests. Commercial forests are independently operated by forestry operators in accordance with the law. Under the premise of not destroying the ecology, intensive management measures can be adopted to give full play to the potential of forest land production and management to achieve the optimal value of commercial forest management. Commercial forests must also take into account ecological benefits. The draft stipulates that logging commercial forests should be processed in accordance with the law to obtain a cutting permit, comply with technical regulations, control cleared area, and implement synchronous planning for cutting and breeding. (Articles 23, 47, 50, 51)
( 3) About logging
The forest cutting quota and logging permit system are the main systems of logging regulation regulated by the current forest law, which have played an important role in protecting and developing forest resources. With the change of forest management concepts and management methods, there are two different opinions on whether to keep the logging quota and logging permit system. Whether the tree felling is alive or dead is the focus of this law amendment. Some people believe that individual contracted forests and non-public forests should be fully liberalized, which is conducive to mobilizing the afforestation enthusiasm. Some people think that forest trees are living things with ecological value. Even if they are owned by individuals, they must not violate the laws of nature and be cleared all at once. After repeated research and extensive listening to opinions, it is generally believed that logging quotas and logging permit systems are macro-control measures to protect forest resources. At present, forest logging is completely liberalized, and there is a risk of uncontrolled logging and destruction of forest resources. Therefore, the draft has improved the spirit of
Forest logging quotas and logging permit systems, with appropriate decentralization of approval rights and narrowing of permits, not only adhere to the effective management of forest resources, but also help to fully protect the legitimate rights and interests of individuals and non-public ownership forestry operating entities.
The first is to delegate the authority to approve logging quotas. The current law stipulates that after the cutting quota is reviewed by the provincial people's government, it is reported to the State Council for approval. The draft was amended so that the logging quota was approved by the provincial people's government and implemented after being reported to the State Council. Decentralization of examination and approval authority is conducive to the local scientific compilation of logging quotas in accordance with local actual conditions, and it is also conducive to compacting local responsibilities. (Draft article 49)
The second is to reduce the scope of issuance of logging permits . The current law stipulates that a logging permit must be applied for logging. The draft narrowed the issuance of logging permits to logging on forest land. The harvesting of windbreaks, sand-fixing forests, road protection forests, bank revetments and urban forests on non-forest land shall be managed by relevant competent authorities in accordance with relevant state regulations. (Draft Article 51)
The third is to strengthen the status and role of forest management programs . The draft stipulates that state-owned forestry enterprises and institutions should prepare forest management plans, and the state supports and guides other forestry management entities in preparing forest management plans through measures such as forestry projects. It is clear that the forest management plan can be used as a basis for compiling logging quotas and issuing logging licenses, creating conditions for future reform of the logging system. (Articles 48, 49, 54 of the draft)
In addition, the draft also deleted the contents of the planned economy, such as the timber production plan and timber transport certificate.
( 4) Concerning the improvement of forest land protection and forestry development quality Forest land is the carrier of forest resources and the most important production factor of forestry. In order to strengthen the protection of forest land, the draft clarifies the concept of forest land, establishes a total forest land occupation control system, and stipulates that forest land occupied by various construction projects must not exceed the total volume control indicators within its administrative area to ensure that the area of forest land is not reduced. The draft also perfects the examination and approval system for occupation of forest land, and promotes the system of temporary use of forest land stipulated in the implementation regulations of the Forest Law into law. (Articles 34, 35, 36, and 79 of the draft)
Further improving forest quality is the focus of current and future forestry development. The draft stipulates that people's governments at or above the county level should rationally plan the structure and layout of forest resource protection and utilization, formulate forest resource protection and development goals, and improve forest coverage, forest quality, and forest accumulation. To ensure that the amount of forest land does not decrease. (Draft Article 22)
In addition, the draft makes relevant principled provisions for the regional differences and characteristics of forestry development, and leaves room for local governments to make further regulations based on the characteristics of the region. (Article 32 of the draft)
( V) About supervision and inspection
To strengthen the protection and development of forest resources, it is important to clarify responsibilities and strengthen supervision. The draft stipulates that the state implements the responsibility system for the development and protection of forest resources of local people's governments and the system of assessment and evaluation. A new chapter on "Supervision and Inspection" was added to the draft to standardize the evaluation system for the protection and development of forest resources. A draft “Supervision and Inspection” chapter was added to standardize the research on the protection and development of forest resources
The nuclear evaluation system, strengthening the supervision and inspection measures for the protection of forest resources, and clarifying the content of public interest litigation concerning compensation for ecological and environmental damage. (Article 4 of the draft, Chapter VII of the draft) In addition, the draft also makes relevant provisions and written texts on dispute resolution of forest ownership, resource investigation and monitoring, scientific fire prevention and forestry pest control, infrastructure construction, and legal liability. Modified and improved.
The "Law of the People's Republic of China on Forestry (Revised Draft)" and the above are appropriate, please consider.
Forest Law of the People's Republic of China ( Revised Draft)
table of Contents
Chapter I General Provisions
Chapter II Forest Tenure
Chapter III Development Planning
Chapter IV Forest Protection
Chapter 5 Afforestation and Greening
Chapter VI Forest Management
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 In order to protect, cultivate and rationally use forest resources, accelerate land greening, play a variety of functions such as forest water storage and soil conservation, climate adjustment, environmental improvement, maintenance of biodiversity, and provision of forest products, etc. Civilization, the practice of green mountains and green mountains is the Golden Mountain and the Silver Mountain concept, to achieve harmonious coexistence between man and nature, and to formulate this law.
Article 2 This Law shall apply to the protection, cultivation, utilization and management of forests, forests and woodlands within the territory of the People's Republic of China.
Article 3 The protection, cultivation and utilization of forest resources shall respect nature, comply with nature, and adhere to the principles of ecological priority, protection priority, conservation and conservation, and sustainable development.
Article 4 The state implements the responsibility system for the development and protection of forest resources of local people's governments and the system of assessment and evaluation. Local people's governments at various levels are responsible for the protection and development of forest resources in their respective administrative regions, and may establish a forest grower system in accordance with the needs of the protection and development of forest resources in their respective administrative regions.
Article 5 The state adopts fiscal, taxation, and financial measures to promote the protection and development of forest resources. People's governments at all levels should guarantee investment in ecological protection and restoration and forestry development.
The state establishes a forest ecological benefit compensation system, and adjusts the forest ecological benefit compensation standard according to the level of economic and social development.
Article 6 The competent forestry authority under the State Council is in charge of national forestry work. The competent forestry authorities of local people's governments at or above the county level shall be responsible for forestry work in their respective administrative areas. The institutions responsible for forestry work in townships and towns are responsible for related work within their jurisdiction. Townships and towns without relevant institutions have full-time or part-time personnel responsible for forestry work.
Article 7 Afforestation and protection of forests are the obligations of citizens. People's governments at all levels shall organize and implement voluntary tree planting activities for all the people.
Article 8 The State strengthens scientific research in forestry, promotes advanced forestry technology, and raises the level of forestry science and technology.
The state supports the publicity and education of forest resources protection and the popularization of scientific knowledge, raises the whole society's awareness of the ecological value of forests, and advocates forest protection and forest protection.
Article 9 Organizations or individuals with outstanding achievements in afforestation, forest protection, forest management and forestry scientific research shall be rewarded by people's governments at all levels.
Chapter II Forest Tenure
Article 10 Forest resources belong to the state, except those that are collectively owned by law.
The state-owned and collectively-owned forests, forest trees, forest lands, individual-owned forests and forest lands used shall be uniformly registered and issued by registration agencies, and certificates shall be issued. The State Council's department of natural resources is responsible for registering the forests, trees and woodlands of the state-owned key forest areas (hereinafter referred to as key forest areas) determined by the State Council.
Article 11 The legitimate rights and interests of owners and users of forests, trees and woodlands are protected by law, and no organization or individual may violate them.
Owners and users of forests, trees and woodlands shall protect and rationally use forests, trees and woodlands in accordance with law, and shall not illegally change the use of forest land or destroy forests, trees or woodlands.
Article 12 The State Council exercises ownership of state-owned forest resources on behalf of the state. The State Council may authorize the relevant departments to exercise the duties of owners, or the relevant departments shall entrust the people's governments of provinces, autonomous regions and municipalities to perform the duties of owners on their behalf.
Article 13 State-owned forests, trees and woodlands may be determined for use by forestry entities with multiple ownerships in accordance with law. The right to use state-owned forests, trees and woodlands obtained by forestry operators in accordance with law can be transferred, leased, and paid for as capital. Specific measures shall be formulated by the State Council.
The forest management entities that have obtained the right to use state-owned forests, forests and woodlands should fulfill their obligations to protect and cultivate forest resources, ensure the steady growth of state-owned forest resources, and improve public service capabilities.
Article 14 The collective-owned and state-owned forest lands used collectively by farmers are subject to contract management. The contractor enjoys the right to manage the forest land and the ownership of the forest on the contracted forest land. If otherwise agreed in the contract, such agreement shall prevail. The contractor can independently decide to transfer the forest land management right, forest ownership and use right by means of lease (subcontracting), stock purchase, mortgage, transfer, etc. according to law.
Article 15 The uncontracted collective forest land and the trees on the forest land shall be managed by the rural collective economic organizations in a unified manner.
With the consent and publicity of more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or representatives of more than two-thirds of the villagers, the forest land and trees managed by the rural collective economic organization can be transferred to the forest land according to law through bidding, auction, public consultation, etc. Management rights, forest ownership and use rights.
Article 16 A written contract shall be signed for the circulation of collective forest land management rights. The forest land management right transfer contract generally includes the rights and obligations of the transferees, the transfer period, the transfer price and payment method, the disposal of the forest trees and fixed production facilities on the forest land when the transfer period expires.
If the transferee causes severe damage to the forest, trees, or forest land, the contractor or contractor has the right to recover the forest land management right.
Article 17 The forests created by state-owned enterprises, institutions, organizations, groups, and troops shall be managed by the construction unit and the proceeds of forests shall be controlled according to state regulations. The forests created by other organizations or individuals shall be owned by the builders and enjoy the benefits of the forests according to the law. If otherwise agreed in the contract, the agreement shall prevail.
Article 18 The State supports the transformation and development of key forest areas and the protection and restoration of forest resources, improves production and living conditions, and promotes economic and social development in the areas where they are located. Key forest areas enjoy policies such as transfer payments to key ecological function areas in accordance with regulations.
Article 19 The State encourages, supports and guides forestry management entities of multiple ownerships to develop various forms of forestry industries on state-owned or collectively-owned forest land obtained in accordance with the law, and protects the legality of forest land management rights and forest ownership rights enjoyed by non-public forestry management entities rights and interests.
Article 20 People's governments at all levels shall make reasonable compensation in accordance with relevant regulations if decisions made by public interests such as ecological protection cause the loss of the legitimate rights and interests of forest, forest, and forest land owners or users.
Article 21 Disputes over the ownership of forest land and the ownership of forests and woodlands that have not yet been determined shall be handled by the people's governments at or above the county level in accordance with law. If the parties are not satisfied with the decision, they may apply for administrative reconsideration in accordance with the law or file an administrative lawsuit in a people's court in accordance with the law.
Other disputes over the ownership of forest trees and forest land may be handled by the people's government at or above the township level in accordance with law, and the parties may also sue in a people's court in accordance with the law.
Until the dispute over the ownership of forest trees and forest land is resolved, neither party shall cut down the disputed forest trees or change the status of the forest land. Except for forest fire prevention, forestry pest control, major national public infrastructure construction, etc. that require logging.
Chapter III Development Planning
Article 22 The people's governments at or above the county level shall reasonably plan the structure and layout of the protection and utilization of forest resources, formulate development goals for the protection and development of forest resources, increase forest coverage, forest quality, and forest accumulation, and ensure that forest land reserves do not decrease.
The competent forestry authorities of the people's governments at or above the county level shall formulate forestry development plans in accordance with the forest resource protection and development goals at the corresponding level. The lower-level forestry development plan shall be formulated in accordance with the higher-level forestry development plan.
The competent forestry authorities of the people's governments at or above the county level may, in light of local conditions, formulate relevant special plans for the protection and utilization of forest land, afforestation and greening, forest management, and natural forest protection in accordance with local forestry development plans.
The forestry development plan and related special plans are implemented after approval according to relevant regulations.
Article 23 In accordance with the needs of forest management and ecological protection, the state shall designate forests with important ecological locations or fragile ecological conditions and the main purpose of exerting ecological benefits as public welfare forests, and implement strict protection. Forests not designated as public welfare forests are commercial forests.
Article 24 Public welfare forests shall be designated and announced by the State Council or the people's governments of provinces, autonomous regions and municipalities.
Forests in the following areas shall be designated as public welfare forests:
(1) the catchment area at the source of the river;
(2) both sides of important rivers and tributaries;
(3) Protected areas of important wetlands and drinking water sources and surrounding reservoirs;
(4) nature reserves of forest and terrestrial wildlife types;
(5) Windbreaks and sand-fixing forest bases in areas with severe desertification and soil erosion;
(6) dry forest belts along the coast;
(7) undeveloped primary forest areas;
(8) Other areas that need to be demarcated.
Where non-state forests are delineated as a public welfare forest, the rights holder's opinion shall be solicited, a written agreement shall be signed, and reasonable compensation shall be given. The adjustment of public welfare forests shall be approved by the original designating authority and announced.
The measures for the delimitation and management of state-level non-profit forests shall be formulated by the competent forestry department and the financial department of the State Council;
Article 25 The State encourages the development of the following commercial forests:
(1) forests and forest trees whose main purpose is to produce timber;
(2) Production of fruits, oils, beverages, spices, industrial raw materials and medicinal materials, etc.
Forest products and forests whose main purpose is forest products;
(3) forests and trees whose main purpose is to produce fuel and other biomass energy;
(4) Other forests and trees whose main purpose is to bring economic benefits into play.
Article 26 The State implements forest ecological benefit compensation for public welfare forests.
The central and local governments arrange funds separately, which are mainly used for economic compensation of public welfare forests, management and protection expenditures, and leasing, redemption and replacement of non-state-owned public welfare forests. If it is really necessary to levy non-state-owned forests because of public interest, they shall be examined and approved in accordance with the law and compensation shall be paid in full. The specific measures shall be formulated by the competent financial department of the State Council together with the competent forestry department.
No organization or individual may withhold or misappropriate compensation funds in violation of state regulations, and may not withdraw any form of expenses from compensation funds.
Article 27 The State establishes a forest resources survey and monitoring system to investigate, monitor and evaluate the status and changes of forest resources nationwide.
Chapter IV Forest Protection
Article 28 The State implements comprehensive, all-regional and whole-process protection of forest resources to improve the quality and stability of forest ecosystems.
Article 29 Local people's governments at all levels shall organize relevant departments to establish forest protection organizations and be responsible for forest protection work; construct forest protection facilities according to actual needs and strengthen protection of forest resources; urge relevant organizations to conclude forest protection conventions, organize mass forest protection, and delineate forest protection responsibility zones Equipped with full-time or part-time forest rangers.
Rangers can be hired by the county or township people's governments. The main role of a ranger is to patrol the forest. Forest guards who discover fires, forestry harmful organisms, and acts of damaging forest resources shall promptly handle and report to local forestry and other relevant departments.
Article 30 Local people's governments at various levels are responsible for forest fire prevention work in their respective administrative areas:
(1) delimiting forest fire prevention zones and stipulating forest fire prevention periods;
(2) setting up fire prevention facilities, equipped with fire prevention equipment and materials;
(3) Establishing a forest fire monitoring and early warning system to eliminate hidden dangers in a timely manner;
(4) Formulate a forest fire emergency plan, and if a forest fire occurs, immediately organize a firefighting operation;
(5) Guarantee the expenses required for forest fire prevention and extinguishment.
The national comprehensive fire rescue team fulfills the duties of forest fire prevention and suppression assigned by the state.
Article 31 The competent forestry authorities of the people's governments at or above the provincial level are responsible for determining quarantine pests of forestry plants and their products, and delineating epidemic and protected areas. The competent forestry authorities of the people's governments at or above the county level are responsible for the monitoring, quarantine and control of forestry pests in their respective administrative regions. Under the guidance and support of the government, the forestry management entities are responsible for the prevention and control of forestry pests within their management scope.
The local people's government is responsible for the prevention and control of major forestry harmful biological disasters. The local people's government is responsible for organizing the elimination of major forestry pest hazards such as outbreaks and dangers.
Article 32 The state shall establish natural parks with national parks as the main body in typical forest ecological areas in different natural zones, forest areas where precious animals and plants grow and reproduce, natural tropical rain forest areas, and other natural forest areas with special protection values. Protected land system and strengthen protection management.
The state supports the protection and restoration of forest resources in arid and ecologically fragile areas.
The people's governments at or above the county level shall take measures to protect wild plant resources with special values.
Article 33 The State implements a comprehensive protection system for natural forests. Strictly restrict the logging of natural forests, protect and restore natural forest resources, and gradually improve the ecological functions of natural forests. Specific measures shall be formulated by the State Council.
Article 34 The state protects forest land, strictly controls the conversion of forest land to non-forest land, implements total forest land occupation control, and incorporates land and space planning and land use planning under unified control. The forest land occupied by various construction projects shall not exceed the total volume control index of the administrative area.
Article 35 The implementation of surveys, mining deposits and other types of construction projects shall not occupy or occupy forest land; if it is really necessary to occupy forest land, it shall be examined and approved by the forestry department of the people's government at or above the county level, and the construction land approval procedures shall be completed according to law . The land-use unit shall pay the forest vegetation restoration fee.
No organization or individual may misappropriate forest vegetation restoration fees. The auditing organs of the people's governments at or above the county level shall strengthen supervision over the use of forest vegetation restoration fees.
Administrative measures for the collection and use of forest vegetation restoration fees shall be formulated by the competent financial department of the State Council in conjunction with the competent forestry department.
Article 36 Where temporary use of forest land is required, it should be approved by the forestry authority of the local people's government at or above the county level; the period of temporary use of forest land generally does not exceed two years, and permanent buildings cannot be built on temporarily used forest land.
Within one year after the temporary use of forest land expires, the land-using unit or individual shall restore vegetation and forestry production conditions.
Article 37 Deforestation, reclamation, quarrying, sand mining, soil mining and other acts that destroy forests and woodlands are prohibited. It is forbidden to discharge heavy metals or other toxic and harmful substances into the forest land, sewage, sludge, and dredging sediment, tailings, slag, etc. that may cause forest land pollution.
It is forbidden to chop firewood, destroy seedlings and graze in young forest land.
It is forbidden to move or damage the forest protection signs without authorization.
Article 38 The State protects ancient and famous trees and precious trees. The destruction of ancient and famous trees and precious trees and their natural habitats is prohibited.
Article 39 The people's governments at all levels shall strengthen the construction of forestry infrastructure, apply advanced scientific and technological methods, and improve forest management and protection capabilities such as forest fire prevention and forest pest control.
Chapter 5 Afforestation and Greening
Article 40 The State shall coordinate urban and rural afforestation and greening, carry out large-scale land greening operations, green and beautify urban and rural areas, promote the construction of forest cities, develop green industries, promote rural rejuvenation, and build beautiful homes.
Article 41 People's governments at all levels shall organize residents of all walks of life and urban and rural residents to complete the tasks identified in the afforestation and greening plan. All relevant units shall strengthen the protection of forest trees.
The suitable forests, barren hills, and wasteland beaches are owned by the state, and the forestry authorities and other relevant authorities shall organize the afforestation and greening; if they are collectively owned, the collective economic organizations shall organize the afforestation and greening. In the urban planning area, on both sides of railway roads, on both sides of rivers and rivers, and around lakes and reservoirs, the relevant competent units shall organize afforestation and greening according to local regulations; industrial and mining areas, industrial parks, institutions, school land, army camps, farms, ranches, In the area where the fishery is operated, the units shall be responsible for afforestation and greening.
State-owned and collectively-owned barren hills and barren land can be contracted for afforestation and greening by units or individuals. If the afforestation and greening is not carried out in accordance with the contract after the contract or the contract has not agreed on the time limit but has not been afforested for three consecutive years, the contractor shall have the right to take it back.
Article 42 Citizens of working age who have the ability to work shall perform tree planting obligations through a variety of methods, such as planting trees, afforestation, management, and advocacy.
Article 43 State-invested or afforestation projects mainly based on state investment shall abide by the afforestation technical regulations and use good tree species in accordance with regulations.
The state encourages the use of native tree species and the creation of mixed forests according to local conditions.
Article 44: People's governments at all levels shall adopt measures that combine natural and artificial restoration, and combine arbor irrigation with grass to scientifically protect and restore forest ecosystems. The newly planted young forest land and other places that should be closed for forestation shall be closed by the local people's government.
People's governments at all levels should treat sloping arable land above 25 degrees, sloping arable land between 15 and 25 degrees of important water sources, severely desertified arable land, severe rocky desertified arable land, severely polluted arable land, and other areas identified by the State Council as requiring ecological restoration Cultivated land, planned implementation of the return of farmland to forests and grasslands.
People's governments at all levels shall implement forest ecological restoration projects and restore vegetation to abandoned and damaged mountain bodies, degraded forest land, and suitable forest and barren hills and wasteland caused by natural factors. The destruction of forests, trees and woodlands caused by man-made activities such as deforestation and reclamation, mining, etc. shall be repaired by the destroyers.
Chapter VI Forest Management
Article 45 Forest management shall respect the laws of nature, comply with relevant technical regulations, and in accordance with the principles of sustainable management, aim to cultivate stable, healthy, high-quality, and efficient forest ecosystems, and implement different management measures for public welfare forests and commercial forests. Highlight the leading function, take into account other functions, give play to the multiple functions of the forest, and achieve sustainable forest use.
Article 46 The management of public welfare forests can make reasonable use of forest land resources and forest landscape resources, moderately carry out production of forest by-products, and develop the use of non-wood resources such as forest tourism, recreation, and cultural industries. Forest ecological function.
The forestry department of the people's government at or above the county level shall systematically organize the public welfare forest management entities to adopt low-quality and low-efficiency forests such as sparse forests and residual forests with low ecological functions in the public welfare forests, and adopt measures such as stand transformation and forest care to improve public welfare Forest quality and ecological protection.
Article 47 The commercial forest shall be independently managed by the forestry management entity according to law. Under the premise of not destroying the ecology, intensive management measures can be adopted to give full play to the potential of production and management of forest land and achieve the optimal value of commercial forest management.
The state encourages the construction of fast-growing, high-yield, precious and large-diameter timber forests, increasing forest reserves and ensuring the security of timber supply.
Article 48 The forest management plan is the basis for scientifically carrying out forest management activities.
State-owned forestry enterprises and institutions shall prepare forest management plans and implement them after approval by the forestry authorities of the people's governments at or above the county level. The forest management plan in key forest areas shall be implemented after approval by the forestry department of the State Council.
The State supports and guides other forestry management entities in preparing forest management plans through measures such as forestry projects.
The formulation of forest management plans shall be based on the results of forest resource surveys, forest management plans and technical standards for forest classification management. The specific measures shall be formulated by the competent forestry department of the State Council.
Article 49 The state strictly controls the annual forest harvest. The competent forestry authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, based on the principle that the consumption of logging is lower than the growth of forest trees and the management of classified forests, compile the annual cutting quotas for this administrative region, which shall be approved by the people's government at the same level and reported to the State Council for implementation. The annual cutting quotas for key forest areas shall be prepared by the competent forestry department of the State Council and implemented after being approved by the State Council.
The forest management plan approved by the forestry department of the people's government at or above the county level can be used as the basis for compiling the annual logging quota.
Article 50 The logging of forests shall comply with the following provisions:
(1) Public welfare forests can only be harvested for tending and regeneration purposes. Except for scientific research or experiments, prevention and control of forestry harmful organisms, construction of forest fire prevention facilities, construction of biological fire isolation zones, and severe natural disasters, etc.
第九章 附 则
|I also say a few words|
| Copyright Notice: |
1. According to the " Terms of Service ", the original works published on this webpage are copyrighted by the publisher (ie registered users); the reprinted works published on this webpage are shared by the publisher in accordance with the spirit of the Internet and comply with relevant laws and regulations. Profitable actions, no copyright disputes.
2. This webpage is a third-party information storage space. Acool is a network service provider and the service target is registered users. This service is free, and Acool does not charge any fees to registered users.
Name: Acool (Beijing) Technology Development Co., Ltd.
Contact: Ms. Li, QQ468780427
Web address: www.arkoo.com
3. All actions of all parties involved in this webpage are in full compliance with the " Regulations on the Protection of the Right to Propagate Information Networks ." If there is any infringement, please ask the right holder to inform AKU, and AKU will delete the infringing works in accordance with Article 22 of these regulations.