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What are the major changes in the interpretation of the new Forest Law? What benefits do you bring?

Media: Xinhua News Agency Author: Hu Lu
2019/12/30 9:27:57 Professional number: follow the forest information2019 / 12/30 9:27:57

Let more green better decorate a better life

——Interpretation of the newly revised forest law

The 15th meeting of the Standing Committee of the 13th National People's Congress voted to pass the newly revised forest law on the 28th. The law will come into effect on July 1, 2020.

What impact will the new forest law bring to China's forestry development and ecological civilization? How to protect the legitimate rights and interests of forestry management entities and motivate them to protect and develop forest resources? At the press conference held by the General Office of the Standing Committee of the National People's Congress on the 28th, Wang Xiang, deputy director of the Economic and Law Office of the Standing Committee of the National People's Congress, Wang Guanfang, deputy director of the bills room of the Agricultural and Rural Committee of the National People's Congress, and the Office of the National Forestry and Grassland Bureau Inspector Li Shuxin and others made in-depth interpretation.

From productive forest to ecological forest

At present, China's forestry development has shifted from producing timber to ecological construction. From the provision of material products to the provision of high-quality ecological products for the whole society, it has transformed the diverse needs of the economy, society, ecology and culture. "The guiding ideology of this revision of the Forest Law is very clear, that is, to provide the guarantee of the rule of law for the construction of ecological civilization, and to promote the forest to meet the people's needs for good life in many aspects including material, cultural, and ecological," said Wang Guanfang.

The new forest law specifically increases the provisions of the Arbor Day, specifying March 12 every year as the Arbor Day. Wang Xiang said that on February 23, 1979, the Standing Committee of the National People's Congress passed a resolution on the tree planting festival, which designated March 12 every year as the tree planting festival to mobilize people of all ethnic groups throughout the country to plant trees and reforest, and to accelerate the greening of the motherland. For more than 40 years, China ’s forest area, forest coverage, and forest accumulation have each doubled, and its contribution to global vegetation growth ranks first in the world.

"The provisions of the Arbor Day are written into the law in order to further enhance the general public's awareness of love and forest protection, and promote the formation of a good atmosphere for all walks of life and nationwide participation in tree planting and building beautiful homes." He said that the Forest Law The amendment further strengthens the afforestation and greening responsibilities of people's governments at all levels, their relevant departments, relevant enterprises and institutions, and urban and rural residents. It is clear that people's governments at all levels organize afforestation and greening. They should scientifically plan and adapt to local conditions, optimize the structure of forest species and tree species, and encourage the use of them. Indigenous tree species and improved tree species, to create mixed forests and improve the quality of afforestation.

The new forest law also fully reflects the principle of "ecological priority, protection priority". In the "Forest Protection" chapter, we have strengthened the protection of natural forests, public welfare forests, precious trees, ancient and famous trees, and woodlands, and improved the systems for scientific prevention and suppression of forest fires and forest pest control. In view of the fact that in some enterprises and units, the mining and transplanting of forests and forests has damaged forest resources, the new forest law clearly defines the management of mining and transplantation of forests in accordance with the logging forests.

Transition from planned management to market-based management

Implementing forest classified management and management, protecting the legitimate rights and interests of various forestry management entities, and achieving sustainable development of forestry construction are important highlights of the revised forest law.

Wang Guanfang said that the forest classification management system is implemented, and forests are divided into public welfare forests and commercial forests. Public welfare forests are strictly protected, and commercial forests are independently managed by forestry operators according to law. Letting the two types of forests play their respective leading functions is conducive to the realization and play of the various functions of the forest as a whole.

"Forestry operators have both the obligation to protect forest resources and the right to obtain economic benefits from the management of forest resources. The relationship between protection and development must be handled well, and the public interest and the economic benefits of the operator must be handled well." Li Shuxin said .

A new chapter on "forest ownership" was added to the Forest Law to clarify forest ownership and strengthen property rights protection. She said that the newly amended forest law clarified the subjects of ownership, use rights, or contracted management rights of state-owned and collectively-owned forest resources, and clarified the rights boundaries, rights realization methods and conditions of these rights subjects.

The state has established a forest ecological benefit compensation system and increased support for the protection of public welfare forests. Under the premise of meeting the ecological location protection requirements of public welfare forests and not affecting the ecological functions of public welfare forests, scientific demonstrations can reasonably use the forest land resources and forest landscape resources of public welfare forests, and moderately develop forest economy and forest tourism. For commercial forests, it is clear that intensive management measures can be adopted to rationally use forests, forest trees, and forest land without increasing ecological damage, so as to improve the economic benefits of commercial forests.

Does the forest let me cut down? How to chop

Amending the forest law on the basis of ecological priority and protection priority, does it mean that the entire population has entered the "Farewell Axe" era? Under what conditions allow reasonable felling of trees? The new forest law abolished the timber transportation permit system and improved the forest harvesting system. It not only adheres to the effective protection and management of forest resources, but also fully protects the legitimate rights and interests of forestry operators.

According to the new forest law, the state strictly controls annual forest harvesting. Public welfare forests can only be harvested for tending, renewal, and low-quality and low-efficiency forest transformation. Commercial forests should adopt different harvesting methods according to different situations, strictly control the area of clear cutting, and implement synchronous planning for felling.

For logging on forest land, a logging permit shall be applied for and logging shall be performed in accordance with the provisions of the logging permit. It is not necessary to apply for a logging permit to harvest bamboo forests outside the nature reserve, but it shall comply with the technical regulations for tree harvesting. Rural residents do not need to apply for a logging permit for logging sporadic trees owned by their own land and in front of houses.

In addition, organizations and individuals who harvest trees should complete reforestation in accordance with relevant regulations. The area for reforestation shall not be less than the area harvested. The reforestation shall meet the standards stipulated in the relevant technical regulations.

Li Shuxin said that in response to problems in practice, the forestry bureau ’s application for forest harvesting applications is “complicated, slow, difficult, and difficult to run”, and the State Forestry Bureau has taken measures to actively resolve it. Recently, the "Notice on Further Promoting the Reform of Forest Logging" Release Management Service "has been issued, in order to facilitate forest farmers to apply for forestry logging permits and provide efficient and convenient services in accordance with the requirements of" maximum run once ". For individual forest farmers who apply for logging of planted forests with an accumulation of no more than 15 cubic meters, procedures such as pre-cutting inspections shall be streamlined or cancelled, and a system of notification and commitment for logging shall be implemented.

"This is a major change that can effectively improve the efficiency of permit application, innovate the management of forest harvesting, and strengthen measures for convenience." She said.

The long-awaited "Forest Law", after 10 years of extensive and repeated solicitation of opinions and suggestions, was passed by the 15th meeting of the Standing Committee of the 13th National People's Congress and finally met with you. A total of nine chapters and eighty-four articles, what exactly amended? Interested friends please take the time to study it. The first and first sentence of the general rule, I do not understand why instead of "for the practice of Xi Jinping's thoughts on ecological civilization" but "for the practice of green mountains and green mountains is the concept of Jinshan Yinshan"? Therefore, you have to study hard!

Forest Law of the People's Republic of China

(Adopted at the seventh meeting of the Standing Committee of the Sixth National People's Congress on September 20, 1984, according to the Second Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1998. "The decision" was amended for the first time in accordance with the "Decision on Amending Certain Laws" at the tenth meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009. The second amendment was made on the thirteenth of December 28, 2019. (Revised at the 15th meeting of the Standing Committee of the National People's Congress)

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 Business Management

Chapter VII Supervision and Inspection

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in order to implement the concept of green mountains, green mountains and golden mountains and silver mountains, protect, cultivate, and rationally use forest resources, accelerate land greening, ensure forest ecological security, build ecological civilization, and achieve harmonious coexistence between man and nature.

Article 2 This Law applies to the protection, cultivation, and utilization of forests and forest trees and the management and management of forests, forest trees, 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 a responsibility system for the development and protection of forest resources and an assessment and evaluation system. The people's government at a higher level evaluates the completion of the forest resources protection and development goals, forest fire prevention, and major forestry pest control by the people's government at a lower level, and publicly evaluates the results.

The local people's government may establish a forest grower system in accordance with the needs of the protection and development of forest resources in its own administrative region.

Article 5 The state adopts fiscal, taxation and financial measures to support the protection and development of forest resources. People's governments at all levels should guarantee investment in forest ecological protection and restoration and promote forestry development.

Article 6 The state aims to cultivate stable, healthy, high-quality, and efficient forest ecosystems. It implements classified management and management of non-profit forests and commercial forests, highlights leading functions, and exerts multiple functions to achieve sustainable use of forest resources.

Article 7 The State shall establish a compensation system for forest ecological benefits, increase support for the protection of non-profit forests, improve the transfer payment policy for key ecological function zones, and guide the people ’s governments in the beneficiary and forest ecological protection areas to compensate for ecological benefits through consultation and other methods.

Article 8 The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may implement more preferential policies for forest protection and forestry development in ethnic autonomous areas in accordance with the state ’s provisions on ethnic autonomous areas.

Article 9 The competent forestry authority under the State Council is in charge of national forestry work. The competent forestry authorities of the local people's governments at or above the county level are responsible for forestry work in their respective administrative areas.

The township people's government may determine relevant institutions or set up full-time and part-time personnel to undertake forestry related work.

Article 10 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.

Arbor Day is March 12th every year.

Article 11 The state adopts measures to encourage and support forestry scientific research, promote advanced and applicable forestry technologies, and improve the level of forestry science and technology.

Article 12: People's governments at all levels shall strengthen publicity, education, and knowledge dissemination of forest resource protection, and encourage and support grassroots mass autonomous organizations, the news media, forestry enterprises and institutions, and volunteers to carry out forest resource protection publicity activities.

Education administrative departments and schools shall educate students on forest resource protection.

Article 13 Organizations or individuals who have made outstanding achievements in afforestation, forest protection, forest management and forestry scientific research shall be commended and rewarded in accordance with relevant state regulations.

Chapter II Forest Tenure

Article 14 Forest resources belong to the state, except those that are collectively owned by law.

State ownership of forest resources is exercised by the State Council on behalf of the state. The State Council may authorize the competent department of natural resources of the State Council to perform the duties of state-owned forest resources owners in a unified manner.

Article 15 The ownership and use rights of forest land and forests and trees on forest land shall be uniformly registered and issued by the real estate registration agency, and certificates shall be issued. The forests, trees and woodlands of the State Key Forest Regions (hereinafter referred to as the key forest regions) determined by the State Council shall be registered by the competent department of natural resources of the State Council.

The legitimate rights and interests of the 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 16 State-owned forest lands and forests and trees on forest lands may be determined for use by forestry operators according to law. The right to use the state-owned forest land and the forest and forest trees on the forest land acquired by forestry operators in accordance with law can be transferred, leased, and paid as capital. Specific measures shall be formulated by the State Council.

Forestry operators shall fulfill their obligations to protect and cultivate forest resources, ensure the steady growth of state-owned forest resources, and improve forest ecological functions.

Article 17 Where collectively owned and state-owned forest land (collectively referred to as collective forest land) used by farmers collectively is contracted for management, the contractor shall have the right to manage the forest land and the ownership of the forest on the contracted forest land. . The contractor may transfer the forest land management right, forest ownership and use right by means of lease (subcontracting), stock ownership, transfer, etc. according to law.

Article 18 The collective forest land and the trees on the forest land that have not been contracted for management shall be managed by 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 two-thirds of the villagers' representatives, the right to operate forest land, forest ownership and use rights may be transferred according to law through bidding, auction, public consultation and other methods.

Article 19 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 transfer parties, the transfer period, the transfer price and payment method, the disposal of forest trees and fixed production facilities on the forest land at the expiry of the transfer period, and liability for breach of contract.

If the transferee violates the law or the contract stipulates that the forest, forest, or forest land is severely damaged, the contractor or contractor has the right to recover the forest land management right.

Article 20 The forests created by state-owned enterprises, institutions, organizations, groups, and troops shall be managed and protected by the construction unit and the proceeds of forests shall be controlled in accordance with state regulations.

The forest trees planted by rural residents in the front and rear of the house, on their own land, and on their own mountain are owned by the individual. The forest trees planted by urban residents in the courtyards of their own houses belong to individuals.

The collectively or individually contracted state-owned and collectively-owned forests of barren hills, wasteland and beaches shall be owned by the contracted collectives or individuals; otherwise agreed in the contract.

The forests created by other organizations or individuals shall be owned by the builders and enjoy the benefits of the forests according to law; otherwise agreed in the contract.

Article 21: For the needs of public interests such as ecological protection and infrastructure construction, where forest land and trees need to be requisitioned and requisitioned, approval procedures shall be completed in accordance with the laws and administrative regulations of the Land Management Law of the People's Republic of China Give fair and reasonable compensation.

Article 22 Disputes over ownership of forest trees and forest land and use rights between units shall be handled by the people's governments at or above the county level in accordance with law.

Disputes over forest ownership and forest land use rights between individuals or between individuals and units shall be handled by the township people ’s government or the people ’s government at or above the county level in accordance with law.

If the parties are not satisfied with the decision of the relevant people's government, they may bring a suit in a people's court within 30 days of receiving the notice of the decision.

Before the dispute over the ownership of forest trees and forest land is resolved, except for the needs of forest fire prevention, forest pest control, and major national infrastructure construction, neither party shall cut down the disputed forest or change the status of the forest land.

Chapter III Development Planning

Article 23 The people's governments at or above the county level shall incorporate the protection of forest resources and forestry development into their national economic and social development plans.

Article 24 The people's governments at or above the county level shall implement the requirements for land space development and protection, rationally plan the structure and layout of forest resource protection and utilization, formulate forest resource protection and development goals, increase forest coverage, forest accumulation, and improve the quality and stability.

Article 25 The competent forestry authorities of the people's governments at or above the county level shall formulate forestry development plans in accordance with the objectives for the development and protection of forest resources. The lower-level forestry development plan is based on the higher-level forestry development plan.

Article 26 The competent forestry authorities of the people's governments at or above the county level may compile relevant special plans for forest land protection and utilization, afforestation and greening, forest management, and natural forest protection in combination with local conditions.

Article 27 The State establishes a forest resource survey and monitoring system to investigate, monitor and evaluate the status and changes of forest resources across the country, and announce them regularly.

Chapter IV Forest Protection

Article 28 The State strengthens the protection of forest resources and exerts various functions such as forest water storage and soil conservation, climate regulation, environmental improvement, biodiversity protection, and provision of forest products.

Article 29 The central and local finances separately arrange funds for the construction, nurturing, protection, management of non-profit forests, and economic compensation for non-state-owned public welfare forest rights holders. The specific measures shall be formulated by the financial department of the State Council in conjunction with the competent forestry department.

Article 30 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 for key national ecological function areas in accordance with regulations.

Article 31 The country establishes nature protection with national parks as the main 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. Local systems and strengthen protection and management.

The state supports the protection and restoration of forest resources in 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 32 The State implements a comprehensive protection system for natural forests, strictly limits the logging of natural forests, strengthens the construction of natural forest management and protection capabilities, protects and restores natural forest resources, and gradually improves the ecological functions of natural forests. The specific measures by the State Council.

Article 33 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 rangers.

The people's government at the county level or township can hire forest guards, whose main duties are to patrol the forest, find fires, forestry harmful organisms, and acts that damage forest resources, and should promptly handle and report to the local forestry and other relevant departments.

Article 34 Local people's governments at various levels are responsible for forest fire prevention work in their own administrative regions and play a role of mass prevention; people's governments at or above the county level organize emergency management, forestry, public security and other departments to closely cooperate with each other in the science of forest fires in accordance with the division of responsibilities. Prevention, suppression and disposal:

(1) Organizing forest fire prevention publicity activities to popularize forest fire prevention knowledge;

(2) delimiting forest fire prevention zones and stipulating forest fire prevention periods;

(3) Setting up fire prevention facilities, equipped with fire prevention equipment and materials;

(4) establishing a forest fire monitoring and early warning system to eliminate hidden dangers in a timely manner;

(5) Formulate emergency plans for forest fires, and immediately organize fire fighting in case of forest fires;

(6) Guarantee the expenses required to prevent and extinguish forest fires.

The national comprehensive fire rescue team is responsible for the forest fire extinguishing tasks and prevention related work stipulated by the state.

Article 35 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.

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 local people's government is responsible for the prevention and control of major forestry harmful biological disasters. In the event of an outbreak, danger, or other major forestry pest disaster, the local people's government shall promptly organize the elimination.

Forestry operators, with the support and guidance of the government, control forestry pests within the scope of their management.

Article 36 The state protects forest land, strictly controls the conversion of forest land into non-forest land, and implements total forest land occupation control to ensure that the amount of forest land held does not decrease. The forest land occupied by various construction projects shall not exceed the total amount of forest land occupied by the administrative area.

Article 37. Mineral exploration, mining and other types of engineering construction 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.

Units occupying forest land shall pay forest vegetation restoration fees. Administrative measures for the collection and use of forest vegetation restoration fees shall be formulated by the financial department of the State Council in conjunction with the competent forestry department.

The competent forestry authorities of the people's governments at or above the county level shall arrange for afforestation and restoration of forest vegetation in accordance with regulations, and the area of afforestation shall not be less than the area of forest vegetation reduced due to occupation of forest land. The competent forestry authorities at a higher level shall regularly urge the competent forestry authorities at a lower level to organize afforestation, restore forest vegetation, and conduct inspections.

Article 38 Where temporary use of forest land is required, it shall be approved by the forestry department of the 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 may not be built on temporarily used forest land.

Within one year after the expiration of the temporary use of forest land, the land-using unit or individual shall restore vegetation and forestry production conditions.

Article 39 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 hazardous 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 40 The State protects ancient and famous trees and precious trees. It is forbidden to destroy ancient and precious trees and precious trees and their natural environment.

Article 41 People's governments at all levels shall strengthen the construction of forestry infrastructure, apply advanced and applicable scientific and technological means, and improve forest management and protection capabilities such as forest fire prevention and forest pest control.

All relevant units should strengthen forest management and protection. State-owned forestry enterprises and institutions shall increase investment, strengthen forest fire prevention, forestry pest control, and prevent and stop acts that damage forest resources.

Chapter 5 Afforestation and Greening

Article 42 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, promote rural rejuvenation, and build beautiful homes.

Article 43 People's governments at all levels shall organize afforestation and greening of all walks of life and urban and rural residents.

Yilin barren hills and barren beaches belong to the state, and the forestry authorities and other relevant authorities of the people's governments at or above the county level shall organize afforestation and greening; if they are collectively owned, collective economic organizations shall organize 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 authorities shall organize afforestation and greening according to local conditions; industrial and mining areas, industrial parks, government agencies, school land, army camps, farms, ranches, In the area where the fishery is operated, the units shall be responsible for afforestation and greening. Specific measures for organizing urban afforestation and greening shall be formulated by the State Council.

State-owned and collectively-owned barren hills and barren land can be contracted for afforestation and greening by units or individuals.

Article 44 The State encourages citizens to participate in afforestation and greening through methods such as tree planting, afforestation, management, protection, and adoption.

Article 45 People's governments at all levels in organizing afforestation and greening shall scientifically plan and adapt to local conditions, optimize the structure of forest species and tree species, encourage the use of native tree species and fine tree species, create mixed forests, and improve the quality of afforestation.

State-invested or afforestation projects mainly based on state investment shall use good tree species in accordance with state regulations.

Article 46 People's governments at all levels shall adopt measures focusing on natural restoration and combining natural restoration and artificial restoration 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 shall organize the implementation of returning farmland to forests or grasslands to cultivated land that requires ecological restoration, such as sloping cultivated land, severely desertified cultivated land, severe rocky desertified cultivated land, and severely polluted cultivated land determined by the State Council.

People's governments at all levels shall implement forest ecological restoration projects and restore vegetation to deserted and damaged mountain bodies, degraded forest land, and suitable forest and barren hills and wasteland caused by natural factors.

Chapter VI Business Management

Article 47 According to the needs of ecological protection, the state delimits forest land and forests on forest lands where the ecological position of the forest is important or the ecological status is fragile, and whose main purpose is to exert ecological benefits, as public welfare forests. Forest land not designated as public welfare forests and forests on forest land are commercial forests.

Article 48 Public welfare forests are designated and announced by the State Council and the people's governments of provinces, autonomous regions and municipalities.

Forest land and forests in the following areas shall be designated as public welfare forests:

(1) the catchment area of the source of important rivers;

(2) Protected areas on both sides of important rivers and tributaries, drinking water sources;

(3) Around important wetlands and important reservoirs;

(4) Nature reserves of forests 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.

In the case of non-state-owned forest land delineated by public welfare forests, a written agreement shall be signed with the right holder 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 national-level non-profit forests shall be formulated by the State Council; the measures for the delineation and management of local non-profit forests shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 49 The state implements strict protection for public welfare forests.

The forestry department of the people's government at or above the county level shall systematically organize public welfare forest managers to adopt low-quality and low-efficiency forests such as sparse forests and residual forests with low ecological functions in public welfare forests. Forest quality and ecological protection.

Under the premise of meeting the ecological location protection requirements of public welfare forests and not affecting the ecological functions of public welfare forests, scientific demonstrations can reasonably use the forest land resources and forest landscape resources of public welfare forests, and moderately develop forest economy and forest tourism. The use of public welfare forests to carry out the above activities shall strictly abide by relevant national regulations.

Article 50 The State encourages the development of the following commercial forests:

(1) Forests whose main purpose is to produce timber;

(2) Forests whose main purpose is to produce forest products such as fruits, oilseeds, beverages, spices, industrial raw materials and medicinal materials;

(3) Forests whose main purpose is to produce fuel and other biomass energy;

(4) Other forests whose main purpose is to give play to economic benefits.

Under the premise of ensuring ecological security, the state encourages the construction of fast-growing, high-yield, precious tree species and large-diameter timber forests, increasing forest reserves and ensuring the security of timber supply.

Article 51 Commercial forests shall be independently operated by forestry operators in accordance with law. Under the premise of not destroying the ecology, intensive management measures can be adopted to rationally use forests, forests and woodlands and improve the economic benefits of commercial forests.

Article 52 The construction of the following engineering facilities directly on the forest land for forestry production and operation that meets the standards set by the relevant state departments shall be approved by the forestry department of the people's government at or above the county level, and no construction land approval procedures are required; If forest land needs to be occupied, construction land approval procedures should be completed according to law:

(1) Facilities for cultivating and producing seeds and seedlings;

(2) Facilities for storing seeds, seedlings and timber;

(3) Skidding trail, material transport trail, fire patrol trail, forest trail;

(4) Forestry scientific research and popular science education facilities;

(5) Facilities for wild animal and plant protection, forest protection, forestry pest control, forest fire prevention, and timber quarantine;

(6) infrastructure for water supply, power supply, heat supply, gas supply, and communication;

(7) Other engineering facilities directly serving forestry production.

Article 53 State-owned forestry enterprises and institutions shall compile forest management plans, clarify management measures for forest cultivation and management, and apply them to the forestry authorities of the people's governments at or above the county level for approval. 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 operators to prepare forest management plans.

The specific measures for compiling the forest management plan shall be formulated by the competent forestry department of the State Council.

Article 54 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 compile the annual cutting quotas for their respective administrative areas based on the principle of lower consumption than growth and classified forest management and management. Implemented and reported to the State Council for the record. The annual cutting quotas for key forest areas shall be compiled by the competent forestry department of the State Council and announced for implementation after being submitted to the State Council for approval.

Article 55 The logging of forests and trees shall comply with the following provisions:

(1) Public welfare forests can only be harvested for tending, regeneration, and transformation of low-quality and low-efficiency forests. However, except those that need to be harvested due to scientific research or experiments, prevention and control of forestry harmful organisms, construction of forest protection fire prevention facilities, construction of biological fire separation zones, and natural disasters.

(2) Commercial forests shall adopt different cutting methods according to different situations, strictly control the area of clear cutting, and implement synchronous planning for cutting and breeding.

(3) Forests in nature reserves are prohibited from logging. However, bamboo forests that must be felled due to special circumstances such as the prevention and control of forestry pests, forest fire prevention, maintenance of the living environment of the main protected objects, and natural disasters are excluded.

The competent forestry authorities of the people's governments at or above the provincial level shall, in accordance with the provisions of the preceding paragraph, formulate corresponding forestry felling technical regulations in accordance with the principles of forest classification management, protection priority, and emphasis on efficiency and effectiveness.

Article 56 When logging on forest land, a forest permit shall be applied for and harvested in accordance with the provisions of the harvest permit. For bamboo forests outside of nature reserves, no application permit is required, but it shall comply with the technical regulations for forest harvesting.

Rural residents do not need to apply for a logging permit for logging sporadic trees owned by their own land and in front of houses.

Renewal felling of farmland protection forests, windbreak sand-fixing forests, road protection forests, bank revetment forests and urban forest trees on non-forest lands shall be managed by relevant authorities in accordance with relevant regulations.

The excavated and transplanted forests are managed according to the felled forests. The specific measures shall be formulated by the competent forestry department of the State Council.

It is forbidden to forge, alter, trade, or rent a logging permit.

Article 57 The logging permit shall be issued by the forestry department of the people's government at or above the county level.

The competent forestry authorities of the people's governments at or above the county level shall take measures to facilitate applicants in obtaining logging permits.

For the rural residents to harvest the trees on the self-retained mountain and individual contracted collective forest land, the forestry department of the county-level people's government or the township people's government entrusted by it shall issue a cutting permit.

Article 58 To apply for a logging permit, materials concerning the location, forest species, tree species, area, accumulation, method, renewal measures, and forest ownership should be submitted. Those who exceed the area or volume stipulated by the forestry department of the people's government at or above the provincial level shall also submit survey area design materials.

Article 59 If it is in compliance with the technical regulations for forest harvesting, the department that has reviewed and issued the harvesting permit shall promptly issue the harvesting permit. However, the department that audits and issues logging permits must not exceed the annual logging quota to issue logging permits.

Article 60 Under any of the following circumstances, no logging permit may be issued:

(1) Cutting down forests in the forest closure period and forest closure area;

(2) Failure to complete the renewal afforestation task in accordance with regulations after logging in the previous year;

(3) No major prevention and improvement measures have taken place in the previous year in cases of major indiscriminate logging, forest fires or forestry pests;

(4) Laws and regulations and other circumstances that prohibit logging as prescribed by the competent forestry authority under the State Council.

Article 61: Organizations and individuals who harvest trees shall complete reforestation in accordance with relevant regulations. The area for reforestation shall not be less than the area harvested. The reforestation shall meet the standards stipulated in the relevant technical regulations.

Article 62 The State encourages and guides financial institutions to conduct forestry-related mortgage loans, forest farmer credit loans, and other credit-based credit businesses through measures such as interest subsidies and forest right storage guarantee subsidies, and supports forest rights storage institutions to conduct market-based income Deposit guarantee.

Article 63 The State supports the development of forest insurance. The people's governments at or above the county level provide insurance subsidies for forest insurance in accordance with law.

Article 64 Forestry operators may voluntarily apply for forest certification to promote the improvement of forest management and sustainable management.

Article 65 Timber operating and processing enterprises shall establish entry and exit accounts for raw materials and products. No unit or individual may purchase, process, or transport forests that are illegal sources such as illegal logging or indiscriminate logging.

Chapter VII Supervision and Inspection

Article 66 The competent forestry authorities of the people's governments at or above the county level shall, in accordance with the provisions of this Law, supervise and inspect the protection, restoration, utilization, and renewal of forest resources, and investigate and punish illegal acts such as destruction of forest resources in accordance with the law.

Article 67 The competent forestry authorities of the people's governments at or above the county level perform the duties of supervision and inspection of forest resources protection and have the right to take the following measures:

(1) Entering the production and operation site for on-site inspection;

(2) consulting and copying relevant documents and materials, and sealing up those documents and materials that may be transferred, destroyed, concealed or tampered with;

(3) Sealing up or seizing forest trees with evidence of illegal sources and tools, equipment or property that engage in activities that destroy forest resources;

(4) Sealing up sites related to forest resource destruction activities.

The competent forestry authorities of the people's governments at or above the provincial level can talk to the main people in charge of the local people's governments at or above the county level and their relevant departments in areas where the protection and development of forest resources is inadequate, the problems are prominent, and the masses have strong reflections. . The interviews and rectifications should be made public.

Article 68 If the destruction of forest resources causes damage to the ecological environment, the competent department of natural resources and the competent forestry department of the people's government at or above the county level may file a lawsuit in a people's court in accordance with the law and request damages from the infringer.

Article 69 Auditing agencies shall conduct audit supervision on state-owned forest resources assets in accordance with relevant state regulations.

Chapter VIII Legal Liability

Article 70 If the competent forestry authority of the people's government at or above the county level or other relevant state organs fail to perform their duties in accordance with the provisions of this Law, the person in charge directly responsible and other persons directly responsible shall be punished according to law.

Where an administrative penalty decision should be made but not made in accordance with the provisions of this Law, the competent department at a higher level has the right to order the competent department at a lower level to make an administrative punishment decision or directly grant an administrative penalty.

Article 71 Anyone who, in violation of the provisions of this Law, infringes upon the lawful rights and interests of the owner or user of a forest, forest, or forest land, shall bear tort liability in accordance with the law.

Article 72 In violation of the provisions of this law, state-owned forestry enterprises and institutions fail to fulfill their obligations to protect and cultivate forest resources, fail to prepare a forest management plan, or conduct forest management activities in accordance with an approved forest management plan, the forestry supervisors of the people's governments at or above the county level The department ordered that corrections be made within a time limit, and the directly responsible supervisors and other directly responsible persons be punished according to law.

Article 73 In violation of the provisions of this law, if the use of forest land is changed without the approval of the forestry department of the people's government at or above the county level, the forestry department of the people's government at or above the county level shall order restoration of vegetation and forestry production conditions within a time limit and may be subject to restoration Fines less than three times the cost of vegetation and forestry production conditions.

Although the forestry authorities of the people's governments at or above the county level have reviewed and agreed, but those who have not taken up forest land without going through the approval procedures for construction land are punished in accordance with the relevant provisions of the Land Management Law of the People's Republic of China.

Construction of permanent buildings on temporarily-used forest land or failure to restore vegetation or forestry production conditions within one year after the expiration of the temporarily-used forest land shall be punished in accordance with the first paragraph of this article.

Article 74 If the reclamation, quarrying, sand mining, earth mining or other activities are carried out in violation of the provisions of this Law, causing forest destruction, the forestry department of the people's government at or above the county level shall order the illegal acts to be stopped, and shall be replenished in situ or off-site within a time limit. Planting trees with more than one to three times the number of damaged trees can be punished by a fine of five times or less the value of the forests; if the forest land is damaged, the forestry department of the people's government at or above the county level shall order to stop illegal acts and restore vegetation and forestry production conditions within the time limit , May be fined less than three times the cost of restoration of vegetation and forestry production conditions.

In violation of the provisions of this law, cutting wood, destroying seedlings and grazing caused by forest damage to young forest land shall be stopped by the forestry department of the people's government at or above the county level, and the number of damaged or replanted plants shall be doubled or tripled within the time limit. Trees.

Any discharge of heavy metals or other toxic and hazardous substances into the forest land, sewage, sludge, and dredging sediment, tailings, slag, etc. that may cause forest land pollution shall be punished in accordance with the relevant provisions of the Soil Pollution Control Law of the People's Republic of China.

Article 75 If the forest protection mark is moved or destroyed in violation of the provisions of this Law, the forestry department of the people's government at or above the county level shall restore the forest protection mark, and the expenses required shall be borne by the offender.

Article 76 In the case of illegal logging, the competent forestry authority of the people's government at or above the county level shall order to replant trees that are twice or more than five times the number of illegally cut plants in place or in a different place within a time limit, and punish the value of illegal logging by five times or more. Times fine.

In case of excessive logging, the forestry department of the people's government at or above the county level shall order to replant trees that are twice or more than three times the number of excessively cut trees in the same place or in a different place, and may be fined three to five times the value of excessively felled trees.

Article 77 In violation of the provisions of this law, forging, altering, buying, selling, or leasing a logging license, the forestry department of the people's government at or above the county level shall confiscate the certificate and illegal income, and impose a fine of more than one or three times the illegal income. ; If there is no illegal income, a fine of less than 20,000 yuan may be imposed.

Article 78 In violation of the provisions of this Law, if the acquisition, processing, and transportation of forests that are known to be illegal logging, illegal logging, or other illegal sources, shall be stopped by the forestry department of the people's government at or above the county level, and the illegal acquisition, processing, and transportation shall be confiscated May be fined up to three times the price of illegally acquired, processed, or transported forest trees.

Article 79 If the reforestation task is not completed in violation of the provisions of this law, the forestry department of the people's government at or above the county level shall order it to be completed within a time limit; if it is not completed within the time limit, it may be fined less than twice the cost of the uncompleted afforestation task; The person in charge directly responsible and other persons directly responsible shall be punished according to law.

Article 80 Anyone who, in violation of the provisions of this law, refuses or obstructs the forestry department of the people's government at or above the county level to supervise and inspect according to law, may be fined up to 50,000 yuan. In serious cases, he may be ordered to suspend production and business for rectification.

Article 81 In case of violation of the provisions of this law, in one of the following circumstances, the forestry department of the people's government at or above the county level shall organize the performance on behalf of the law enforcement, and the costs required for such performance shall be borne by the offender:

(1) Refusal to restore vegetation and forestry production conditions, or restoration of vegetation and forestry production conditions does not meet relevant state regulations;

(2) Refusing to replant trees, or replanting does not meet relevant state regulations.

The standards for restoring vegetation and forestry production conditions and replanting trees shall be formulated by the forestry authorities of the people's governments at or above the provincial level.

Article 82 Public security organs may, in accordance with the relevant provisions of the State, exercise the power of administrative punishment prescribed in Article 74, paragraph 1, Article 76, Article 77, and Article 78 of this Law.

Violation of the provisions of this law that constitutes a violation of public security management shall be punished according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter IX Supplementary Provisions

Article 83 The meanings of the following terms in this Law are:

(1) Forests, including arbor forests, bamboo forests, and shrub forests specified by the state. According to use, it can be divided into protective forest, special-purpose forest, timber forest, economic forest and energy forest.

(B) Forest trees, including trees and bamboo.

(3) Forest land refers to the land designated by the people's government at or above the county level for the development of forestry. Including arbor woodland with a canopy density of 0.2 or more, as well as bamboo woodland, shrubland, sparse woodland, logging land, fireland, unforested land, nursery land, etc.

Article 84 This Law shall enter into force on July 1, 2020.

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