Chapter I General Principles
Article 1 This Law is formulated for the purpose of protecting, cultivating and rationally utilizing forest resources, speeding up land greening, giving full play to the functions of forests in conserving water and soil, regulating climate, improving environment and providing forest products, and meeting the needs of socialist construction and people's life.
Article 2 The logging, utilization, cultivation, operation and management of forests within the territory of People's Republic of China (PRC) must abide by this Law.
Article 3 Forest resources shall be owned by the whole people, except those that are collectively owned by law.
Forests, trees and woodlands owned by the whole people and collectively, as well as trees and woodlands owned by individuals, shall be registered by the local people's governments at or above the county level, and certificates shall be issued to confirm the ownership or use right.
The legitimate rights and interests of owners and users of forests, trees and woodlands are protected by law, and no unit or individual may infringe upon them.
Article 4 Forests are divided into the following five categories:
(1) Shelterbelt: Forests, trees and bushes whose main purpose is protection. Including water conservation forest, soil and water conservation forest, windbreak and sand fixation forest, farmland and pasture protection forest, bank protection forest and road protection forest.
(2) Timber forests: forests and trees whose main purpose is to produce wood, including bamboo forests whose main purpose is to produce bamboo.
(3) Economic forests: trees whose main purpose is to produce fruits, edible oils, beverages, condiments, industrial raw materials and medicinal materials.
(4) Fuelwood forest: a forest whose main purpose is to produce fuel.
(5) Special-purpose forests: forests and trees whose main purposes are national defense, environmental protection and scientific experiments. Including national defense forest, experimental forest, mother forest, environmental protection forest, scenic forest, trees in historical sites and revolutionary memorial sites, and forests in nature reserves.
Fifth forestry construction should be based on forest management, universal forest protection, vigorous afforestation, combination of harvesting and cultivation, and sustainable utilization.
The state encourages scientific research in forestry and improves the level of forestry science and technology.
Article 6 The State shall take the following measures to protect forest resources:
(a) the implementation of quota harvesting of forests, encourage afforestation, closing hillsides to facilitate afforestation, and expand forest coverage. (two) according to the relevant provisions of the state and local people's governments, give economic support or long-term loans to collective and individual afforestation.
(three) the collection of afforestation fees, earmarked for afforestation.
(4) The coal and paper making departments shall draw certain funds according to the output of coal, wood pulp and paper products, and use them exclusively for the construction of timber forests such as pit wood and paper making.
(5) Establishing forestry fund system.
Article 7 The state and the people's governments of provinces and autonomous regions, in accordance with the provisions of the state on the autonomy of ethnic autonomous areas, give ethnic autonomous areas more autonomy and economic benefits in forestry production and construction than ordinary areas.
Eighth the State Council forestry authorities in charge of the national forestry work. The competent forestry authorities of the local people's governments at or above the county level shall be in charge of forestry work in their respective regions. The people's governments at the township level shall set up full-time or part-time personnel to be responsible for forestry work.
Article 9 It is the duty of citizens to plant trees and protect forests. People's governments at all levels shall organize the whole people to plant trees voluntarily and carry out afforestation activities.
Tenth units or individuals that have made outstanding achievements in afforestation, forest protection and forest management shall be given spiritual or material rewards by the people's governments at all levels.
Chapter II Forest Management
Article 11 The competent forestry authorities at all levels shall, in accordance with the provisions of this Law, manage and supervise the protection, utilization and renewal of forest resources.
Twelfth forestry authorities at all levels are responsible for organizing the inventory of forest resources, establishing a resource file system, and mastering the changes of resources.
Thirteenth people's governments at all levels shall formulate long-term forestry planning. State-owned forestry enterprises and institutions and nature reserves shall, according to the long-term forestry planning, formulate forest management plans and report them to the higher authorities for approval before implementation.
The competent forestry authorities shall guide rural collective economic organizations and state-owned farms, pastures, industrial and mining enterprises and other units to formulate forest management plans.
Fourteenth disputes between units under ownership by the whole people, between units under collective ownership, and between units under ownership by the whole people and units under collective ownership shall be handled by the people's governments at or above the county level.
Disputes between individuals or between individuals and units under ownership by the whole people or units under collective ownership over ownership of trees and woodlands shall be handled by local people's governments at the county or township level.
If a party refuses to accept the decision of the people's government, he may bring a lawsuit to the people's court within one month from the date of receiving the notice.
Before the dispute over the ownership of trees and forest land is resolved, no party may cut down the disputed trees.
Fifteenth survey and design, construction of engineering facilities and exploitation of mineral resources shall not occupy or occupy less forest land; If forest land must be occupied or requisitioned, it shall be handled in accordance with relevant laws and regulations. Occupation and requisition of forest land area of more than 2000 mu shall be reported to the State Council for approval.
Chapter III Forest Protection
Sixteenth local people's governments at all levels shall organize relevant departments to establish forest protection organizations to be responsible for forest protection work; According to the actual needs, increase forest protection facilities in large-scale forest areas and strengthen forest protection; Urge grass-roots units with forests and forest areas to conclude forest protection conventions, organize the masses to protect forests, delimit forest protection responsibility areas, and equip full-time or part-time forest guards.
Rangers may be appointed by people's governments at the county or township level. The main duty of a ranger is to patrol the forest and stop the destruction of forest resources. Rangers have the right to ask local authorities to deal with acts that destroy forest resources.
Seventeenth local people's governments at all levels should earnestly do a good job in the prevention and fighting of forest fires:
(a) the provisions of forest fire prevention period. During the forest fire prevention period, it is forbidden to use fire in the wild in the forest area; If it is necessary to use fire because of special circumstances, it must be approved by the people's government at the county level or the organ authorized by the people's government at the county level.
(two) set up fire prevention facilities in forest areas.
(three) the occurrence of forest fires, must immediately organize local military and civilian and relevant departments to put out the fire.
(four) due to forest fire fighting injuries, disability, sacrifice, state workers by the unit to give medical care, pension; Non-state employees shall be given medical treatment and pension by the fire unit in accordance with the provisions of the relevant competent departments of the State Council. The local people's government shall provide medical treatment and pension if the fire unit has no responsibility for the fire or is really unable to afford it.
Eighteenth forestry authorities at all levels are responsible for organizing the prevention and control of forest diseases and insect pests.
The competent forestry authorities shall be responsible for stipulating the quarantine objects of tree seedlings, delineating epidemic areas and protected areas, and conducting quarantine on tree seedlings.
Nineteenth prohibit deforestation, quarrying, sand mining, soil and other acts of deforestation.
Cutting wood and grazing in young forest land and special-purpose forest are prohibited.
Personnel entering the forest and forest edge areas shall not move or damage forestry signs without authorization.
Article 20 The competent forestry authorities in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall delimit nature reserves in typical forest ecological zones in different natural zones, forest areas where rare animals and plants grow and breed, natural tropical rain forests and other forest areas with special protection value, and strengthen protection and management.
Measures for the administration of nature reserves shall be formulated by the competent forestry authorities in the State Council and reported to the State Council for approval and implementation.
Plant resources with special value in precious trees and forest areas outside nature reserves should be carefully protected; Without the approval of the competent forestry authorities of provinces, autonomous regions and municipalities directly under the Central Government, logging and collection shall not be allowed.
Twenty-first wild animals listed as national protection in forest areas are prohibited from hunting; Hunting for special needs shall be handled in accordance with relevant state laws and regulations.
Chapter IV Afforestation
Twenty-second people's governments at all levels should formulate afforestation plans according to local conditions and determine the goal of improving the forest coverage rate in this area.
People's governments at all levels shall organize all walks of life and urban and rural residents to complete the tasks set by the greening plan.
The barren hills and wasteland suitable for afforestation owned by the whole people shall be organized by the competent forestry department and other competent departments for afforestation; Belonging to the collective, the collective economic organizations shall organize afforestation.
On both sides of railways and highways, on both sides of rivers and around lakes and reservoirs, relevant competent units shall organize afforestation according to local conditions; Industrial and mining areas, government offices, schools, military camps and areas where farms, pastures and fishing grounds operate shall be afforested by all units.
The barren hills and wasteland suitable for afforestation owned by the whole people and collectively may be contracted by collectives or individuals for afforestation.
Twenty-third trees planted by units under ownership by the whole people shall be managed by the construction unit, and their income shall be controlled in accordance with state regulations.
Trees planted by units under collective ownership shall be owned by the units.
Trees planted by rural residents in front of the house, on private plots and on private hills are owned by individuals. Trees planted by urban residents and workers in the courtyard of their houses are owned by individuals.
If a collective or individual contracts for afforestation in barren hills and wasteland suitable for afforestation owned by the whole people and collectively, the trees planted after contracting shall be owned by the contracted collective or individual; Unless otherwise stipulated in the contract, the contract shall prevail.
Twenty-fourth newly built young forest land and other places that must be closed for afforestation shall be organized by the local people's government to close for afforestation.
Chapter V Forest Cutting
Article 25 The State strictly controls the annual cutting amount of forests according to the principle that the consumption of timber forests is lower than the growth. Forests and trees owned by the whole people, with state-owned forestry enterprises and institutions, farms, factories and mines as units, and collectively owned forests and trees as units. The annual cutting quota shall be summarized by the competent forestry authorities of provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for approval after being audited by the people's government at the same level.
Article 26 The State shall formulate a unified annual timber production plan. The annual timber production plan shall not exceed the approved annual cutting quota. The scope of plan management shall be stipulated by the State Council.
Twenty-seventh cutting forests and trees must comply with the following provisions:
(1) Mature timber forests should adopt selective cutting, clear cutting and shelter forest cutting methods according to different situations. Clear cutting should be strictly controlled, and reforestation should be completed in the same year or the following year.
(two) the national defense forest, the mother forest, the environmental protection forest and the scenic forest in the shelter forest and the special purpose forest are only allowed to be cut for tending and regeneration.
(three) it is strictly prohibited to cut the trees in special-purpose forests, historical sites, revolutionary memorial sites and nature reserves.
Twenty-eighth cutting trees must apply for a cutting license, according to the provisions of the license for cutting; Rural residents cut down private plots in front of and behind their houses and scattered trees owned by individuals.
State-owned forestry enterprises and institutions, organs, organizations, military units, schools and other state-owned enterprises and institutions shall be issued with cutting licenses by local forestry authorities at or above the county level.
Renewed cutting of railway and highway shelterbelts and urban trees shall be examined and approved by the relevant competent departments, and cutting licenses shall be issued.
When the rural collective economic organizations cut trees, the competent forestry authorities at the county level shall examine and issue cutting licenses.
When rural residents cut trees contracted by individuals in hilly land, the competent forestry authorities at the county level or the people's governments of townships and towns entrusted by them shall examine and issue cutting licenses.
The provisions of the preceding paragraph shall apply to the cutting of bamboo forests with bamboo production as the main purpose.
Twenty-ninth departments that examine and approve the issuance of cutting licenses shall not issue cutting licenses beyond the approved annual cutting quota.
Thirtieth state-owned forestry enterprises and institutions must submit cutting area survey and design documents when applying for cutting licenses. When applying for a cutting license, other units must submit documents such as the purpose, location, forest species, forest condition, area, accumulation, mode and renewal measures of cutting.
The cutting operation does not meet the requirements of the unit, the department that issued the cutting license has the right to collect the cutting license and suspend its cutting until it is corrected.
Article 31. Units or individuals that cut trees must complete reforestation tasks according to the area, number of trees, tree species and time limit specified in the cutting license, and the area and number of trees for reforestation must be greater than the area and number of trees cut.
Thirty-second forest timber management, supervision and management measures shall be formulated separately by the State Council.
Thirty-third out of the forest timber, must hold a transport certificate issued by the competent forestry authorities, except for wood allocated by the state.
With the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, timber inspection stations can be set up in forest areas to check timber transportation. The timber inspection station has the right to stop the timber transportation without obtaining the transportation certificate or the allocation notice issued by the competent department of materials.
Chapter VI Legal Liability
Thirty-fourth illegal felling of forests or other trees, if the circumstances are minor, shall be ordered by the competent forestry authorities to compensate for the losses, replant dozens of illegal trees, and impose a fine of three to ten times the illegal income. Deforestation of forests or other trees, if the circumstances are minor, shall be ordered by the competent forestry authorities to replant trees five times the number of trees that have been deforested, and a fine of two to five times the illegal income shall be imposed.
Illegal logging and deforestation of forests or other trees, if the circumstances are serious, shall be investigated for criminal responsibility in accordance with the provisions of Article 128 of the Criminal Law.
Illegal felling of trees, involving a huge amount, shall be investigated for criminal responsibility in accordance with the provisions of Article 152 of the Criminal Law.
Article 35 Whoever, in violation of the provisions of this Law, issues a forest cutting license in excess of the approved annual cutting quota or issues a forest cutting license beyond his authority shall be given administrative sanctions; If the circumstances are serious enough to cause serious damage to the forest, the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 187 of the Criminal Law.
Article 36 Whoever forges or resells a tree cutting license shall be confiscated by the competent forestry authorities and fined; If the circumstances are serious, criminal responsibility shall be investigated by applying mutatis mutandis the provisions of Article 120 of the Criminal Law.
Article 37 Whoever, in violation of the provisions of this Law, engages in activities such as reclamation, quarrying, sand mining, earth collection, seed collection, resin extraction and firewood cutting, thus causing damage to forests and trees, shall be ordered by the competent forestry authorities to compensate for the losses and replant trees with one to three times the number of damaged trees.
Thirty-eighth units or individuals that cut trees have not completed the reforestation task in accordance with the provisions, and the departments that issue cutting licenses have the right to stop issuing cutting licenses until the reforestation task is completed; If the circumstances are serious, the competent forestry authorities may impose a fine, and the person directly responsible shall be given administrative sanctions by his unit or the competent authorities at a higher level.
Article 39 If a party refuses to accept the punishment decision of the competent forestry department, he may bring a suit in a people's court within one month from the date of receiving the notice of punishment; If neither prosecution nor performance is made at the expiration of the time limit, the competent forestry department may apply to the people's court for compulsory execution.
Chapter VII Supplementary Provisions
Article 40 The competent forestry authorities in the State Council shall formulate implementation measures according to this Law and submit them to the State Council for approval and implementation.
Article 41 Where the provisions of this Law cannot be fully applied in ethnic autonomous areas, the organs of self-government may formulate flexible or supplementary provisions according to the principles of this Law and the characteristics of ethnic autonomous areas, and report them to the provinces, autonomous regions or NPC Standing Committees for approval and implementation in accordance with legal procedures.
Article 42 This Law shall come into force as of 1985 1 month 1 day.