Regulation on the Implementation of the Forestry Law of the People s Republic of China (2018 Revision)

Regulation on the Implementation of the Forestry Law of the People's Republic of China (2018 Revision) Regulation on the Implementation of the Forestry Law of the People's Republic of China (Issued by the Order No. 278 of the State Council of the People's Republic of China on January 29, 2000; revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011 for the first time; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016 for the second time; and amended in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 19, 2018) Chapter I General Provisions Article 1 This Regulation is formulated according to the Forestry Law of the People's Republic of China (hereinafter referred to as the " Forestry law "). Article 2 The forest resources include forests, woods and forest lands, as well as wild animals, plants and microbes whose life and survival depends on the forest, wood and forest land. Forests include arbor forests and bamboo forests. Woods include trees and bamboos. Forest lands include arbor forest lands with a canopy density of 0.2 degrees or more as well as bamboo forest lands, bush shrub forest lands, open forest lands, stump lands, burned areas, non-mature forestation lands, nursery lands, and land appropriate to the forestation planned by the people's government at or above the county level. Article 3 The state adopts a registration system for forest, wood and forest land according to law. The ownership to and right to use legally registered forests, woods and forest lands shall be protected by law, which shall not be injured by any entity or individual. The pattern of the certificate of ownership to forest, wood and forest land shall be prescribed by the competent forestry authority of the State Council. Article 4 The state-owned forests, woods or forest lands to be used in a lawful manner shall be registered in accordance with the following provisions: (1) An entity which is to use any forest, wood or forest land within a key state-owned forest zone as determined by the State Council (hereinafter referred to as "key forest zone") shall submit a registration application to the competent forestry authority of the State Council, and the competent forestry authority of the State Council shall prepare a register, issue a certificate after making examinations, and confirm the right to use the forest, wood or forest land as well as the user's ownership to the woods therein; (2) An entity or individual who is to use any stated-owned forest, wood or forest land involving different administrative areas shall submit a registration application to the competent forestry authority of their common superior people's government, and the said people's government shall prepare a register, issue a certificate after making examinations, and confirm the right to use the forest, wood or forest land as well as the user's ownership to the woods therein; (3)An entity or individual who is to use any other state-owned forest, wood or forest land shall submit a registration application to the competent forestry authority of the local people's government at or above the county level, which shall prepare a register, issue a certificate after making examinations, and confirm the right to use the forest, wood or forest land as well as the user's ownership to the woods therein. The state-owned forests, woods or forest lands, right to use which has not been determined, shall be recorded, protected and managed by the people's government at or above the county level. Article 5 For any collectively owned forest, wood or forest land, the owner shall submit a registration application to the competent forestry authority of the local people's government at or above the county level, which shall prepare a register, issue a certificate after making examination, and confirm the ownership. For any wood owned by any entity or individual, the owner shall submit a registration application to the competent forestry authority of the local people's government at the county level, which shall prepare a register, examine and issue a certificate, and confirm the ownership to the wood. An entity or individual who is to use any collectively owned forest, wood or forest land shall submit a registration application to the competent forestry authority of the local people's government at or above the county level, and the people's government at or above the county level shall prepare a register, issue a certificate after making examinations, and confirm the ownership to the forest, wood or forest land. Article 6 Any change of the ownership to or the right to use any forest, wood or forest land shall, in accordance with the law, be subject to the formalities for the modification of the registration. Article 7 The competent forestry authority of the people's government at or above the county level shall establish files on the management of forest, wood and forest land. Article 8 For the state's key shelter forests and special-purpose forests, the competent forestry authority of State Council shall put forward opinions and report them to the State Council for approval and announcement. For the local key shelter forests and special-purpose forests, the competent forestry authority of the people's government of the province, autonomous region, or municipality directly under the Central Government shall give its opinions and report to the people's government at the same level for approval and announcement. For other shelter forests, timber forests or special-purpose forests as well as the economic forests or fuel forests, the competent forestry authority of the people's government at the county level shall delimit the boundaries thereof according to the state's relevant regulations on forest classification and the arrangement of the people's government at the same level, and report to the people's government at the same level for approval and announcement. The area of a key shelter forest or special-purpose forest within the administrative area of a province, autonomous region, or municipality directly under the Central Government shall not be less than 30% of the total forest area of the said administrative area. To change an approved and announced forest category into another forest category, it shall be subject to approval of the original approval and announcement authority. Article 9 The funds drawn according to the Item (5) of Paragraph 1 of Article 8 of the Forestry Law shall be exclusively used for planting timber forest used for pit prop, producing paper, etc., which shall not be appropriated for any other purpose. The audit authority and competent forestry authority shall strengthen their supervision. Article 10 The forest resources supervisory authority dispatched by the competent forestry authority of State Council to a key forest zone shall strengthen its supervision and inspection on the protection and management of the forest resources within this key forest zone. Chapter II Business Operations and Management of Forests Article 11 The competent forestry authority of the State Council shall regularly monitor the situation of extinction and growth of forest resources and the changes of the forest ecological environment. The forest resources investigations, file establishment, formulation of forest operation plans, and other tasks of a key forest zone shall be organized and implemented by the competent forestry authority of the State Council. Other forest resources investigations, file establishment, formulation of forest operation plans, etc. shall be organized and implemented by the competent forestry of the local people's government authority at or above the county level. Article 12 The following principles shall be observed in creating a long-term forestry plan: (1) Protecting ecological environment and promoting a sustainable economic development; (2) Basing on the existing forest resources; (3) Being in line with the overall plan on land utilization, water and soil conservation plan, municipal plan, village and town plan. Article 13 The long-term forestry plan shall include: (1) The forestry development target; (2) The ratio of forest categories; (3) The forest land protection and use plan; (4) The tree planting and forestation plan. Article 14 The national long-term forestry plan shall be formulated by the competent forestry authority of the State Council jointly with other relevant departments and execute the plan upon approval of the State Council. The long-term forestry plan at each level shall be formulated by the competent forestry authority of the people's governments at or above the county level jointly with other relevant departments and execute the plan upon approval of the State Council. The long-term forestry plan at a lower level shall be formulated based upon the long-term forestry plan of a superior level. Any adjustment or modification to the long-term forestry plan shall be reported to the original approval authority for approval. Article 15 The state protects the lawful rights and interests of the business operators of forests, woods and forest lands according to law. Any entity or individual is prohibited to illegally trespass upon the wood owned and the forest land used by any operator according to law. The business operators of timber forests, economic forests and fuel forests be entitled to enjoy the right to operation, benefits and other lawful rights and interests according to law. The business operator of a shelter forest or special-purpose forest shall be entitled to enjoy the right of compensation for forest ecological benefits. Article 16 If it needs to occupy or expropriation or requisition any forest land for a project of surveying or exploiting mineral resources, or constructing road, water conservancy, power, communication, the following provisions shall be observed: (1) The land user entity the shall submit a land use application to the competent forestry authority of the people's government at or above the county level, and, after examination and approval, prepay forest and vegetation restoratio......