|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1998-04-29 | Effective Date | 1998-04-29 |
|
Forest Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Forest Management and Administration
Chapter III Forest Protection
Chapter IV Tree Planting and Afforestation
Chapter V Forest Felling
Chapter VI Legal Liability
Chapter VII Supplementary Provisions Article 1 This Law is enacted with a view to protecting, cultivating Article 2 Engagement in activities of growing of saplings and planting, Article 3 Forest resources belong to state ownership, excluding those State-owned and collective-owned forests, woods and forest lands, Legitimate rights and interests of owners and users of forests, woods Article 4 Forests are classified into the following five categories: (1) Shelter forests: forests, woods and clusters of bushes with protection (2) Timber forests: forests and woods with timber production as the main (3) Economic forests: woods with the production of fruits, edible oils, (4) Fuel forests: woods with the production of fuel as the main aim; and (5) Special-purpose forests: forests and woods with national defence, Article 5 Forestry construction pursues the policy of universal forest Article 6 The State encourages scientific research in forestry, Article 7 The State protects the legitimate rights and interests of The State protects the legitimate rights and interests of collectives Article 8 The State carries out the following protective measures (1) practising quota forest felling, encouraging afforestation and closing (2) providing financial support or long-term loans to collectives and (3) encouraging comprehensive utilization of timber and economy in timber (4) levying and collecting the sapling growing fee for the special purpose (5) departments of coal and paper making drawing a certain amount of fund (6) establishing the system of forestry funds. The State establishes the forest ecological benefit compensation fund Article 9 The state and people's governments of provinces and Article 10 The competent department of forestry under the State Council Article 11 Tree planting, afforestation and forest protection are the Article 12 Units or individuals that have scored remarkable achievements Article 13 The competent departments of forestry at all levels carry out Article 14 The competent departments of forestry at all levels shall be Article 15 The right of use of the following forests, woods and forest (1) timber forests, economic forests and fuel forests; (2) the right of use of forest lands in timber forests, economic forests (3) the right of use of forest lands in slashes of felling and burnt (4) the right of use of other forests, woods and other forest lands Where there is transfer and equity participation in terms of evaluation or Except for the circumstances specified in the first paragraph of this Specific measures shall be formulated by the State Council. Article 16 People's governments at all levels should work out long-term The competent departments of forestry should guide rural collective Article 17 Disputes arising between units over timber and forest land Disputes arising between individuals and between an individual and a unit When a party refuses to accept the decision of the people's government, Pending a settlement of the dispute over woods and forest land ownership, Article 18 No forest land or less forest land should be occupied in No unit or individual shall use the forest vegetation restoration fee Article 19 Local people's governments at all levels should organize Forest guards may be appointed by people's governments at the county Article 20 Forest public security organs established in forest regions The Armed Forest Police Force performs the missions of prevention, Article 21 Local people's governments at all levels should earnestly (1) specifying forest fire prevention periods and banning field use of (2) installing fire prevention facilities in forest regions; (3) immediately organizing local army units, civilians and the departments (4) with respect to those injured, disabled or deceased in extinguishment Article 22 The competent departments of forestry at all levels shall The competent departments of forestry shall be responsible for determining Article 23 Destruction of forest for reclamation and destruction of Cutting of firewood and grazing in young forest lands and special-purpose Personnel entering forests and the fringe areas of forests must not Article 24 The competent department of forestry under the State Council Measures for the administration of nature reserves shall be worked out Serious protection should be given to rare and precious trees outside Article 25 Hunting and catching of wild animals under state protection Article 26 People's governments at all levels should work out planning People's governments at all levels should organize all trades and On barren hills and waste lands suitable for afforestation that belong to Afforestation shall be organized by the competent departments concerned State-owned and collective-owned barren hills and waste lands suitable Article 27 Woods planted by state-owned enterprises and institutions, Woods planted by a unit of collective ownership shall belong to the said Trees planted by rural inhabitants at the front and back of their farm For state-owned and collective-owned barren hills and waste lands suitable Article 28 Local people's governments shall organize closure of Article 29 The State strictly controls the annual rate of forest felling Article 30 The State formulates a unified annual timber production plan. Article 31 The following provisions must be abided by in the felling of (1) For mature timber forests the modes of selective felling, total (2) Only felling in the nature of tending and renewal is permitted in (3) Felling is strictly prohibited in such special-purpose forests as Article 32 Anyone who intends to fell timber must apply for a felling For timber felling by state-owned forestry enterprises and institutions, For renewal felling of railway and highway protection forests and urban For timber felling by rural collective economic organizations, the felling For the felling of trees on plots of hills or mountains for personal needs Provisions of the afore-said paragraphs apply to the felling of bamboo Article 33 Departments in charge of examination, verification and Article 34 State-owned forestry enterprises and institutions must, A felling permit issuing department has the power to withdraw the Article 35 Timber felling units or individuals must, pursuant to the Article 36 Control measures for the management and supervision of Article 37 A transport permit issued by the competent departments of The competent departments of forestry should issue transport permits With the approval of the people's governments of the provinces, autonomous Article 38 The State prohibits and restricts the export of rare and Whoever intends to export rare and precious trees or their products and Article 39 Whoever engages in pirate felling of forest or other trees Whoever engages in indiscriminate felling of forest or other trees If the offender refuses to plant trees or fails to conform to relevant Whoever piratically fells or indiscriminately fells forest or other trees Article 40 Whoever illegally fells or destroys rare and precious trees Article 41 Whoever issues timber felling permits beyond the approved Article 42 Whoever engages in buying and selling of timber felling Whoever forges timber felling permits, timber transport permits, export Article 43 Whoever illegally purchases timber that he/she clearly knows Article 44 Whoever, in violation of the provisions of this Law, engages Whoever, in violation of the provisions of this Law, cuts firewood or If the offender refuses to plant trees or fails to conform to relevant Article 45 If any timber felling unit or individual fails to fulfil the Article 46 Functionaries of the competent departments of forestry Article 47 The competent department of forestry under the State Council Article 48 In nationality autonomous localities where provisions of this Article 49 This Law enters into force as of January 1, 1985.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Chapter I General Provisions
and rationally exploiting forest resources, accelerating territorial
afforestation and making use of forests in water storage and soil
conservation, climate regulation, environmental improvement and supply
of forest products to meet the requirements of socialist construction
and people's livelihood.
felling and exploitation of woods and forests, forests, woods and forest land
management and administration within the territory of the People's Republic
of China must abide by this Law.
specified under law belonging to collective ownership.
individual-owned woods and individual-used forest lands shall be registered
by local people's governments at or above the county level and rosters
compiled and certificates issued confirming the ownership or right to
use. The State Council may authorize the competent department of forestry
under the State Council to register and compile rosters of forests, woods
and forest lands of the key state-owned forest regions determined by the
State Council, issue certificates and notify the local people's governments
concerned.
and forest lands are protected by law upon which no unit or individual shall
infringe.
as the main aim including water source conservation forests, water and soil
conservation forests, shelter forests against wind and for fixing sand,
farmland and cattle farm shelter forests, embankment protection forests
and highway/railway protection forests;
aim including bamboo groves with production of bamboo materials as the main
aim;
drinks, flavorings, industrial raw materials and medicinal materials
as the main aim;
environmental protection and scientific experiments as the main aim
including national defence forests, experimental forests, mother tree
forests, environmental protection forests, ornamental forests, woods at
ancient and historical sites and revolutionary memorial places and forests
in nature reserves.
protection, afforestation in a big way, combination of felling and cultivation
and sustainable exploitation with afforestation as the basis.
popularizes advanced forestry technology in upgrading the scientific and
technical level of forestry.
forest farmers, lightens forest farmers' burden in accordance with law,
prohibits illegal collection of fees and fines from forest farmers and
prohibits apportionment and compulsory fund-raising from forest farmers.
and individuals in contractual afforestation. No unit or individual shall
infringe on the ownership over woods and other legitimate rights and interests
the collectives and individuals have in contractual afforestation in
accordance with law.
with respect to forest resources:
hills and mountains to facilitate afforestation and expanding forest coverage;
individuals for afforestation and facilitation of afforestation in accordance
with the relevant regulations of the state and local people's governments;
use, encouraging development and utilization of substitutes for timber;
of afforestation and facilitation of afforestation;
on the basis of the production of coal, pulp paper and other products for
the special purpose of planting timber forests that will be used for mine
timber and paper making; and
to be used for the planting, tending, protection and management of the forest
resources and woods for shelter forests and special-purpose forests either of
which generate ecological benefit. The forest ecological benefit compensation
fund must be used for the said special purpose and must not be used for other
purposes. Specific measures shall be formulated by the State Council.
autonomous regions give more independent power and economic benefits to
forestry production and construction of nationality autonomous localities
than to other general areas in forest development, timber allocation and
use of forest funds in accordance with the state provisions on autonomous
power of nationality autonomous localities.
takes charge of the forestry work nationwide. The competent departments of
forestry of local people's governments at or above the county level take
charge of the forestry work within their respective areas. People's
governments at the village level assign full-time or part-time personnel to be
responsible for forestry work.
obligation that citizens should fulfil. People's governments at all levels
should organize voluntary tree planting and afforestation by all citizens
and carry out activities of tree planting and afforestation.
in tree planting and afforestation, forest protection, forest administration
and forestry scientific research shall be rewarded by people's governments
at all levels.
Chapter II Forest Management and Administration
administration and supervision over protection, utilization and renewal of
forest resources pursuant to the provisions of this Law.
responsible for the organization of forest resources survey and establishment
of resources archive system to monitor change in resources.
lands may be transferred in accordance with law. There can also be equity
participation in terms of evaluation or be treated as conditions of
contribution and cooperation for joint venture, cooperative afforestation
and timber management. However, forest lands must not be turned into
non-forest lands:
and fuel forests;
slashes of timber forests, economic forests and fuel forests; and
specified by the State Council.
those treated as conditions of contribution and cooperation of joint venture,
cooperative afforestation and timber management pursuant to the provisions of
the preceding paragraph, the timber felling permits obtained may be
simultaneously transferred, meanwhile parties to the transfer must abide by
the provisions of this Law concerning forests, timber felling and renewal of
afforestation.
Article, the right of use of other forests, woods and other forest lands
must not be transferred.
forestry planning. State-owned forestry enterprises, institutions and nature
reserves should compile forest management schemes in accordance with the
long-term forestry planning and submit them to the competent department at
the next higher level for approval and implementation thereupon.
economic organizations and state-owned farms, cattle farms and industrial
and mining enterprises in the compilation of forest management schemes.
ownership and the right of use shall be handled by people's governments at or
above the county level according to law.
over woods ownership and the right of use of forest lands shall be handled by
local people's governments at the county level or at the village level
according to law.
he/she may bring a suit at a people's court within one month from the date
of receipt of the notice.
neither of the parties shall fell the woods in dispute.
exploration and mining of mineral resources and all construction projects;
where occupation or requisition of forest land is necessitated, formalities
of examination and approval for land use for construction shall be completed
pursuant to laws and administrative regulations on land administration upon
the examination, verification and consent of the competent department of
forestry of the people's government at or above the county level and the land
use unit shall pay the forest vegetation restoration fee pursuant to the
relevant provisions of the State Council. The forest vegetation restoration
fee shall be used for the specified purpose. Competent departments of forestry
shall make unified arrangement for tree planting and afforestation pursuant to
relevant provisions and restore forest vegetation. The area of tree planting
and afforestation shall not be less than the area of forest vegetation
reduced as a result of occupation and requisition of forest land. The
competent department of forestry at the next higher level should supervise,
urge and inspect the competent department of forestry at the next lower level
at regular intervals in the organization of tree planting and afforestation
and restoration of forest vegetation.
for other purposes. Audit organs of people's governments at or above the
county level should step up supervision over the use of the forest vegetation
restoration fee.
Chapter III Forest Protection
the departments concerned in the establishment of forest protection
organizations to be responsible for the work of forest protection; step up
forest protection in the light of actual requirements in large-area forest
regions by building additional forest protection facilities; supervise and
urge grass-roots units with forests and those in forest regions to make a
forest protection pledge, organize mass forest protection, delimit forest
protection responsibility areas and assign full-time or part-time forest
guards.
level or at the village level. Main responsibilities of a forest guard
are: to patrol and protect forest, and stop acts of destroying forest
resources. A forest guard has the power to ask the local department concerned
to deal with whoever that has caused destruction of forest resources.
pursuant to relevant state provisions shall be responsible for the maintenance
of the social order under jurisdiction and for the protection of forest
resources under jurisdiction and may, pursuant to the provisions of this Law
and within the authorized scope of the competent department of forestry under
the State Council, exercise on its behalf the power of administrative
penalties specified in Articles 39, 42, 43 and 44 of this Law.
extinguishment of forest fires and rescue operations assigned by the state.
carry out the work of prevention and extinguishment of forest fires and
rescue operations:
fire in a forest region during forest fire prevention periods; in case of
necessity of use of fire owing to extraordinary circumstances, it must be
subjected to the approval of the people's government at the county level or
the authorized organ of the people's government at the county level;
concerned in fire extinguishment and rescue operations in the event of a
forest fire; and
of a forest fire and rescue operations, workers and staff members of the
state shall be given medical treatment or pension for the deceased by the
units wherein they are employed; non-state workers and staff members shall
be given medical treatment or pension for the deceased by the unit where
the fire broke out pursuant to the provisions of the competent department
concerned under the State Council; where the unit where the fire broke out
bears no responsibility for the outbreak of the fire or has no actual
ability to bear the burden, the local people's government shall provide
the medical treatment and pension for the deceased.
be responsible for the organization of the work of prevention and control of
forest plant diseases and insect pests.
the objects of quarantine among nursery stocks of woods, delimiting quarantine
areas and protective areas and carrying out quarantine of nursery stocks of
woods.
forest for quarrying, sand gathering and earth gathering as well as other
acts of forest destruction are prohibited.
forests are prohibited.
shift or damage marks set up in the service of forestry without authorization.
and people's governments of the provinces, autonomous regions and
municipalities directly under the Central Government should delimit nature
reserves and step up protection and administration in typical forest
ecological regions, forest regions wherein rare and precious animals and
plants grow and breed (multiply), natural tropical rain forest regions and
other natural forest regions with special value of protection in different
natural belts.
by the competent department of forestry under the State Council which shall
come into force upon submission to the State Council for approval.
nature reserves and plant resources with special value in forest regions;
no felling or gathering thereof shall be made without the approval of the
competent departments of forestry of the provinces, autonomous regions and
municipalities directly under the Central Government.
in forest regions are prohibited; where hunting and catching are necessitated
for special requirements, they shall be handled pursuant to relevant state
provisions.
Chapter IV Tree Planting and Afforestation
for tree planting and afforestation and determine the goals to be striven for
in raising forest coverage of the respective areas in the light of local
conditions.
professions and rural and urban inhabitants in the fulfillment of tasks
set in the planning for tree planting and afforestation.
the state, afforestation shall be organized by the competent departments of
forestry and other competent departments; on those belonging to collectives,
afforestation shall be organized by collective economic organizations.
in the light of local conditions on either side of railways, highways, on
either banks of rivers and on the rim of lakes and reservoirs; on land under
use by industrial and mining areas, organs and schools, armed forces barracks
as well as areas managed by farms, cattle farms and fish farms, afforestation
shall be the responsibility of the said units.
for afforestation may be contracted out to collectives or individuals for
afforestation.
organs, societies and armed forces shall be managed by the units that have
planted them and gains from the woods shall be budgeted pursuant to state
provisions.
unit.
houses, on plots of land for personal needs and plots on hills for personal
needs belong to the said individuals. Trees planted by urban and township
inhabitants, workers and staff members in the courtyards of their own
houses belong to the said individuals.
for afforestation contracted out to collectives or individuals for
afforestation, the trees planted after contracting belong to the contracting
collectives or individuals; provisions of the contract shall be adhered to
in case of separate provisions in the contract.
mountains and hills for afforestation in newly-planted young forest lands
and other places that necessitate the closure of mountains and hills for
afforestation.
Chapter V Forest Felling
in accordance with the principle that the rate of consumption is lower than
the rate of growth. Annual quotas for felling shall be worked out by
state-owned forestry enterprises and institutions, farms, factories and mines
as units with respect to the state-owned forests and woods and by counties as
units with respect to collective-owned forests and woods and
individually-owned woods which shall be collected and consolidated by the
competent departments of forestry of the provinces, autonomous regions and
municipalities directly under the Central Government and submitted to
the State Council for approval upon examination and verification by
people's governments at the corresponding level.
The annual timber production plan must not exceed the approved annual quota
for felling. The scope of plan control shall be specified by the State
Council.
forests and woods:
felling or gradual felling should be employed in the light of different
conditions. Total felling shall be strictly controlled and renewed
afforestation shall be completed within the same year of felling or the
following year.
shelter forests and such special-purpose forests as national defence forests,
mother tree forests, environmental protection forests and ornamental forests.
woods at ancient and historic sites and revolutionary memorial places and
forests in nature reserves.
permit and the felling must be carried out pursuant to the provisions of the
permit; but rural inhabitants who intend to fell scattered trees owned
individually by themselves and growing on plots of land for their personal
needs or at the front and back of their farm houses are excluded.
organs, societies, armed units, schools and other state-owned enterprises and
institutions, the felling permits shall be issued, upon examination and
verification, by the competent departments of forestry at or above the county
level of the locality where they are located pursuant to relevant provisions.
and township trees, the felling permits shall be issued, upon examination and
verification, by the competent departments concerned pursuant to relevant
provisions.
permits shall be issued, upon examination and verification, by the competent
departments of forestry at the county level pursuant to relevant provisions.
by rural inhabitants and collective woods contracted out to individuals, the
felling permits shall be issued, upon examination and verification, by the
competent departments of forestry at the county level or the village or
township people's governments entrusted by them pursuant to relevant
provisions.
groves with production of bamboo materials as the main aim.
issuance of felling permits must not issue felling permits beyond the
approved annual felling quotas.
in applying for felling permits, present documents on survey and design
of the felling area. Other units must, in applying for felling permits,
present documents on the purpose, location, forest type, forest status,
area, retained area, mode of felling and renewal measures relating to the
felling.
felling permit from a unit that fails to conform to provisions in felling
operations and suspend its felling operations until a rectification has been
made.
area, number of trees, species of trees and time period specified in the
felling permits, complete the tasks of renewal and afforestation. The area
of renewal and afforestation and number of trees to be planted anew must not
be less than the felling area and number of trees already felled.
timber in forest regions shall be formulated separately by the State Council.
forestry shall be required for transporting timber out of a forest region,
except for the timber unifiedly allocated by the state.
for the transportation out of the forest regions of the timber felled
pursuant to the provisions of the felling permits obtained in accordance with
law.
regions and municipalities directly under the Central Government, timber
inspection stations may be set up in forest regions to be responsible for the
inspection of timber transportation. Timber inspection stations have the power
to stop the timber transportation without obtainment of transport permits or
allocation notices issued by the competent departments of materials.
precious trees and their products and derivatives. The catalogue and annual
restricted export volume of rare and precious trees and their products and
derivatives, the export of which is prohibited or restricted, shall be worked
out by the competent department of forestry under the State Council in
conjunction with the departments concerned under the State Council and
submitted to the State Council for approval.
derivatives, the export of which is restricted as specified in the preceding
paragraph, must go through the examination and verification of the competent
departments of forestry under the people's governments of the provinces,
autonomous regions and municipalities directly under the Central Government
wherein the exporter is located, and then report to the competent department
of forestry under the State Council for approval. The customs gives clearance
on the strength of the approval document of the competent department of
forestry under the State Council. For the import and export of those trees or
their products and derivatives, which are among the endangered species and the
import and export of which is restricted by an international convention to
which China has acceded, an application for an import or export permit must
be filed at the state import-export control agency for endangered species
and the customs gives clearance on the strength of the import or export
permit.
Chapter VI Legal Liability
shall compensate for the losses incurred in accordance with law; the offender
shall be ordered by the competent department of forestry to plant ten times
the number of trees piratically felled, confiscated of the trees piratically
felled or the gains from the sales of trees piratically felled, and
concurrently imposed a fine of more than three times and less than ten times
the value of the trees piratically felled.
shall be ordered by the competent department of forestry to plant five times
the number of trees indiscriminately felled and concurrently imposed a fine
of more than twice and less than five times the value of the trees
indiscriminately felled.
state provisions in planting trees, the competent department of forestry shall
do it on his/her behalf and the expenses required be paid by him/her.
shall, if a crime has been constituted, be investigated of the criminal
liability according to law.
in violation of the provisions of this Law shall be investigated of criminal
liability according to law.
annual felling quotas, or issues timber felling permits, timber transport
permits, export approval documents or import or export permits beyond
authority in violation of the provisions of this Law shall be ordered by the
competent department of forestry of the people's government at the next higher
level to make a rectification; the person-in-charge held directly responsible
and other personnel directly responsible shall be imposed administrative
sanctions according to law; in case of failure in enforcing rectification by
the competent department of forestry of the people's government concerned, the
competent department of forestry under the State Council may handle the case
directly; where a crime has been constituted, criminal liability shall be
investigated according to law.
permits, timber transport permits, export approval documents and import or
export permits in violation of the provisions of this Law shall be confiscated
of the permits or documents illegally bought or sold and the illegal gains,
and concurrently imposed a fine of more than 100% and less than three times
the amount of price of the permits or documents illegally bought or sold;
where a crime has been constituted, criminal liability shall be investigated
according to law.
approval documents and import or export permits shall be investigated of
criminal liability according to law.
was piratically felled or indiscriminately felled in forest regions shall be
ordered by the competent department of forestry to stop the illegal acts,
confiscated of the timber piratically felled or indiscriminately felled and
illegally purchased or the gains from the sales thereof, and may be
concurrently imposed a fine of more than 100% and less than three times the
amount of the price of the timber illegally purchased; where a crime has been
constituted, criminal liability shall be investigated according to law.
in reclamation, quarrying, sand gathering, earth gathering, seed collection,
resin collection and other activities resulting in the destruction of forests
and woods shall compensate for the losses incurred according to law; the
offender shall be ordered by the competent department of forestry to stop the
illegal acts, to plant more than 100% and less than three times the number of
the trees destroyed, and may be imposed a fine of more than 100% and less than
five times the value of the trees destroyed.
grazes cattle in young forest lands or special-purpose forests resulting in
the destruction of forests and woods shall compensate for the losses incurred
according to law; the offender shall be ordered by the competent department of
forestry to stop the illegal acts and plant more than 100% and less than
three times the number of the trees destroyed.
state provisions in planting trees, the competent department of forestry shall
do it on his/her behalf, and the expenses required shall be paid by the
offender.
renewal afforestation tasks pursuant to provisions, the felling permit issuing
department has the power to stop issuing felling permits to it or him/her
until it or he/she has completed the renewal afforestation tasks; where the
circumstances are serious, the competent department of forestry may impose a
fine and the employer unit or the competent organ at the next higher level may
impose administrative sanctions on the personnel directly responsible.
engaging in forest resources protection and forestry supervision and
administration and functionaries concerned of other state organs who abuse
power, neglect duty and indulge in self-seeking misconduct constituting a
crime shall be investigated of criminal liability according to law; where a
crime has not been constituted, administrative sanctions shall be imposed
according to law.
Chapter VII Supplementary Provisions
shall, in pursuance of this Law, formulate measures for its implementation,
which shall be submitted to the State Council for approval and put into force
thereupon.
Law may not be applicable in full, autonomous organs may, pursuant to the
principles of this Law and in the light of the characteristics of nationality
autonomous localities, formulate flexible or supplementary provisions and
submit them to the standing committee of the provincial or autonomous regional
people's congress or the Standing Committee of the National People's Congress
according to legal procedures for approval before putting them into force.
URL: http://www.asianlii.org/cn/legis/cen/laws/fl110