Article 2 The cultivation, protection, utilization and management activities of forests, trees and woodlands within the administrative area of this province shall abide by these regulations.
Article 3 Forestry construction shall follow the principles of universal forest protection, vigorous afforestation, combination of cutting and planting, scientific management and sustainable utilization, strengthen forestry construction in hilly and mountainous areas, develop plain forestry, and establish forest ecological system and forestry industrial system.
Article 4 People's governments at all levels shall organize the formulation of long-term forestry plans in their respective administrative areas and incorporate them into the plans for national economic and social development.
People's governments at all levels should gradually increase the funds for forestry development, and include the funds for public welfare forest compensation, forest fire prevention, forest pest control, forest land and wildlife protection, forest seed selection, forestry scientific research and promotion into the fiscal budget at the same level.
People's governments at all levels should strengthen their leadership over forestry work, implement the term target responsibility system for forestry construction, and implement term target management for the main indicators of forestry construction, such as forest coverage, forest stock, afforestation, forest fire prevention, forest pest control, forest land protection and wildlife protection.
Article 5 The competent forestry authorities of the people's governments at or above the county level shall be in charge of forestry work within their respective administrative areas.
Forestry workstations perform forestry management duties in accordance with the authority prescribed by the state.
The administrative funds of the competent forestry departments of the people's governments at or above the county level and their institutions shall be included in the fiscal budget at the same level in accordance with the relevant provisions of the state.
Township people's governments shall designate full-time or part-time personnel to be responsible for forestry work.
Article 6 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, carry out afforestation activities, and strengthen the protection of forest resources and ecological construction.
Encourage the use of foreign capital and other channels to raise funds to develop forestry and carry out forestry foreign cooperation and exchanges. Article 7 The competent forestry authorities of the people's governments at or above the county level shall manage and supervise the protection, utilization and renewal of forest resources in accordance with the relevant laws and regulations and the long-term forestry planning of their administrative areas, organize regular forest resources investigation and monitoring, establish forest resources archives, forest resources management information systems and forest resources statistics and announcement systems, and report the changes of forest resources and forest ecological environment step by step.
Eighth state-owned forest farms, forest parks and nature reserves and other units shall, according to the long-term forestry planning, formulate forest management plans, and organize the implementation after being reported to the higher authorities for approval according to the affiliation.
The competent forestry authorities of the people's governments at or above the county level shall guide rural collective economic organizations and relevant units engaged in forest and forest management to formulate forest management plans.
Ninth the use of forest resources to build forest parks, scenic spots or engage in forest tourism shall not exceed the carrying capacity of forest resources and ecological environment, and do a good job in forest resources protection.
The establishment, alteration and cancellation of forest parks shall go through the relevant examination and approval procedures according to law.
Newly established nature reserves, forest parks and scenic spots shall not overlap or cross; Where the established scenic spots overlap or cross with nature reserves and forest parks, the planning of scenic spots shall be coordinated with the planning of nature reserves and forest parks.
Tenth forest resources to implement public welfare forest and commercial forest classification management system. Public welfare forests include shelter forests and special-purpose forests; Commercial forests include timber forests, economic forests and firewood forests.
The competent forestry authorities of the people's governments at or above the county level shall, according to the long-term forestry planning, put forward a plan for delineating public welfare forests and commercial forests, which shall be published after approval by the people's governments at the corresponding levels.
The approved public welfare forest shall not be adjusted or changed without authorization. If it is really necessary to adjust or change, it shall be approved by the original approval authority and reported to the people's government at the next higher level for the record.
Eleventh public welfare forest to implement forest ecological benefit compensation system. According to the principle of division of powers, the compensation funds for forest ecological benefits are shared by people's governments at all levels. Units that directly benefit from forest ecological benefits shall extract a certain proportion of funds from operating income for the protection and construction of public welfare forests and compensation for owners of public welfare forests.
The specific measures for raising and compensating forest ecological benefit compensation funds shall be formulated by the provincial people's government.
Twelfth the establishment of forestry property rights trading center, wood and bamboo and forest products trading market, should follow the principle of reasonable layout and convenient circulation. Forestry property rights trading center and wood, bamboo and forest products trading market shall timely release relevant information, provide services for forestry property rights trading, wood, bamboo and forest products trading, and realize open, fair and just trading.
Forestry, industry and commerce administration, taxation and other departments should cooperate closely to do a good job in the supervision and management of forestry property rights transactions, wood and bamboo and forest products transactions.
Monopoly and blockade of the timber market are prohibited, and local protection and price control of wood, bamboo and forest products are prohibited.
Article 13 The competent forestry authorities of the people's governments at or above the county level shall establish a socialized forestry service system, cultivate forestry social intermediary organizations such as wood and bamboo inspection, cutting operation design and forest resource assets evaluation, and help forest farmers develop forestry.
Establish forestry guarantee system according to law, carry out forest right mortgage loan business, and provide financial support for forestry development.
Fourteenth people's governments at or above the county level shall strengthen the management of forest land, strictly control the use of forest land, implement quota management and total control on the occupation or requisition of forest land, and take measures to stabilize the area of forest land.
The competent forestry department of the people's government at or above the county level shall, jointly with the relevant departments such as land and resources, formulate a plan for the protection and utilization of forest land, which shall be implemented after being approved by the people's government at the same level and reported to the competent forestry department of the people's government at the next higher level for the record.
Units and individuals using forest land shall use forest land in accordance with the forest land protection and utilization plan approved by the people's governments at or above the county level. Without approval, no unit or individual may change the use of forest land without authorization.
Fifteenth exploration and exploitation of mineral resources or other engineering construction, should not occupy or occupy less forest land; If it is necessary to occupy or requisition forest land, the land-using unit shall apply, and after being approved by the competent forestry department of the people's government at or above the county level in accordance with the relevant provisions of the forest law and the regulations for the implementation of the forest law, the forest vegetation restoration fee shall be paid in advance in accordance with the standards stipulated by the state, and the consent for the use of forest land shall be obtained. Construction land examination and approval procedures, should be handled in accordance with the law of forest land use consent. Without the consent of the competent forestry department, the competent department of land and resources shall not go through the formalities for examination and approval of construction land.
To apply for occupation or requisition of forest land in accordance with the provisions of the preceding paragraph, the following materials shall be submitted to the competent forestry department of the people's government at or above the county level:
(a) a copy of the qualification certificate of a legal person or other organization without legal person status and a copy of a citizen's personal identity card;
(two) the approval or approval documents of the construction project;
(3) A compensation agreement signed with the owner or user of the occupied or requisitioned forest land;
(four) the ownership certificate of the forest land to be occupied or requisitioned;
(five) the feasibility report on the use of forest land for construction projects;
(six) other relevant materials as prescribed by laws and regulations.
The competent forestry department of the people's government at or above the county level shall go through the examination procedures within 15 working days from the date of accepting the application and related materials.
Sixteenth the establishment of occupation and requisition of forest land compensation system. Specific compensation standards shall be formulated by the competent departments of forestry, land, finance and price of the provincial people's government, and shall be implemented after being approved by the provincial people's government.
Seventeenth people's governments at or above the county level and their competent forestry departments shall, according to the resource conditions, market demand and industrial base, formulate the development plan of forestry industry. Encourage the comprehensive utilization of forest resources, improve the comprehensive utilization rate of forest resources, and guide the healthy development of forestry industry.
People's governments at all levels should guide the masses to create firewood forests, change stoves to save firewood, use biogas and other energy sources, and improve the rural fuel structure. Eighteenth people's governments at all levels shall organize relevant departments and units to establish forest protection organizations to be responsible for forest protection work; Urge grass-roots units with forests and forest areas to conclude forest protection conventions, organize the masses to protect forests, and delimit forest protection responsibility areas.
In the forest areas at the junction of administrative regions, the relevant people's governments and villagers' committees shall establish forest fire prevention joint defense organizations to be responsible for forest fire prevention, fire fighting and forest protection.
Township people's governments and state-owned forest farms should be equipped with full-time or part-time rangers according to needs, responsible for patrolling forests, checking forest fire hazards and forest pests and diseases, maintaining the order of forestry management, and stopping acts of destroying forest resources.
Article 19 People's governments at all levels shall prepare emergency plans for forest fire prevention, organize the delineation of forest fire prevention responsibility areas in accordance with the relevant provisions of the state and the province, implement the responsibility system for forest fire prevention administrative leadership, and ensure the funds for forest fire prevention and fighting. Forest counties should establish professional forest fire brigade. The forest fire alarm telephone shall be announced to the public.
The key period of forest fire prevention in the whole province is from June 10 to April 30th of the following year. The people's government at the county level may, according to the local actual situation, designate key fire prevention areas, decide to advance or extend the key period of forest fire prevention in this area, and make an announcement.
Strengthen the management of field fire use in forest areas. During the forest fire prevention period, it is forbidden to use fire in the wild in the forest area. Where fire is needed due to special circumstances, it shall be approved by the people's government at the county level or its authorized organ, and fire prevention measures shall be implemented.
Twentieth people's governments at or above the county level shall formulate emergency plans for the prevention and control of major exotic forestry pests, delimit general prevention areas and key prevention areas, and implement the responsibility for the prevention and control of major exotic forestry pests.
The competent forestry authorities of the people's governments at or above the county level shall be responsible for organizing the prevention and control of forest diseases and insect pests and the construction of forest diseases and insect pests forecasting system, strictly quarantine forest plants and prevent the invasion of harmful organisms. When serious forest diseases and insect pests occur, the local people's government shall take emergency measures to eliminate hidden dangers and prevent their spread.
The list of forest plant quarantine objects and plants and plant products subject to quarantine shall be implemented in accordance with the provisions of the competent forestry department of the State Council; The competent forestry department of the provincial people's government may formulate a supplementary list of this province according to the actual situation of this province, and report it to the competent forestry department of the State Council for the record.
Delineation and revocation of epidemic areas and protected areas of forest plant quarantine objects shall be proposed by the competent forestry department of the provincial people's government and implemented after being approved by the provincial people's government. When a major epidemic occurs, with the approval of the provincial people's government, temporary forest plant quarantine checkpoints can be set up to prevent the spread of the epidemic.
Twenty-first business units with forest landscape are responsible for forest fire prevention, forest pest control and forest management and protection within their respective jurisdictions.
The competent forestry authorities of the people's governments at or above the county level shall strengthen the guidance, inspection and supervision of forest fire prevention, forest pest control and forest management and protection in scenic spots and tourist attractions.
Article 22 A forest insurance system shall be established according to law, and related insurance businesses such as forest fires shall be carried out to improve the ability of forest operators to resist the risks of natural disasters such as forest fires and forest diseases and insect pests.
Twenty-third people's governments at or above the county level shall strengthen the management of nature reserves dominated by forest resources and protect the natural environment and natural resources.
Nature reserves can be established according to law in the following areas:
(1) Typical forest ecological zones in different natural zones;
(2) Distribution areas of rare and endangered wild animals and plants;
(3) Natural forest areas with special protection value;
(4) Ganjiang River, Fuhe River, Xinjiang River, Raohe River, Xiushui River and their main tributaries;
(5) Other fields as prescribed by laws and regulations.
Twenty-fourth without the approval of the competent forestry department of the provincial people's government or the competent forestry department of the municipal people's government with districts entrusted by it, it is not allowed to cut and collect plant resources with special value in precious trees and forest areas outside the nature reserve. The identification of plant resources with special value in precious trees and forest areas shall be carried out in accordance with the relevant provisions of the state and the province.
Article 25 The competent forestry authorities of the people's governments at or above the county level shall, in accordance with the provisions on the management of forest harvesting and timber transportation, strengthen the supervision and management of the excavation, transplantation and transportation of standing trees, and deal with illegal excavation, transplantation and transportation of standing trees according to law.
Article 26 No unit or individual may engage in the following activities:
(a) cutting natural broad-leaved forest in the public welfare forest area in violation of regulations;
(two) in violation of the provisions of the use of natural broad-leaved forest charcoal;
(3) Cutting turpentine in violation of technical regulations;
(four) deforestation, quarrying, sand mining, soil, fruit planting and other acts of deforestation.
Twenty-seventh forest public security organs at all levels shall perform their duties according to law, strengthen the protection of forest resources, crack down on illegal and criminal acts of destroying forest resources according to law, and maintain public order in forest areas. Twenty-eighth people's governments at all levels should formulate afforestation plans, determine the target of forest coverage, and organize all walks of life and urban and rural residents to complete the tasks set by afforestation plans.
Units or individuals are encouraged to use state-owned or collective-owned barren hills, ditches, beaches and hills suitable for forest through contracting, leasing, transfer, bidding and auction. Trees planted are owned by foresters and can be inherited and circulated according to law.
Encourage the construction of artificial broad-leaved forests and mixed coniferous and broad-leaved forests, gradually increase the proportion of broad-leaved forests, continuously improve forest quality and improve forest benefits.
Twenty-ninth afforestation departments and units to implement the responsibility system. Departments and units that are legally obliged to plant trees shall complete the task of planting trees assigned by the Greening Committee of the local people's government at the county level. Departments and units that fail to fulfill their obligations to plant trees shall pay greening fees in accordance with regulations for tree planting and greening.
Thirtieth on both sides of railways and highways, on both sides of rivers, around reservoirs and lakes, all relevant units shall build shelterbelts according to local conditions.
New, expanded roads, water conservancy and other construction projects should be included in the project planning, included in the project budget, and synchronized with the existing projects in design, construction and acceptance. After acceptance, it is necessary to clarify the responsibility for management and protection according to law.
Thirty-first forest land with mother forest or sufficient tree species and other natural regeneration conditions, newly-built young forest land and aerial seeding forest land should be closed for afforestation. Closing hillsides for afforestation can take the form of comprehensive closing hillsides and rotating closing hillsides.
Signs should be set up in closing hillsides to facilitate afforestation. During the enclosure period, it is forbidden to cut wood, collect medicinal materials, dig trees and other activities that are not conducive to restoring forest vegetation in the enclosure area.
Closing hillsides for afforestation is designed by the competent forestry department of the people's government at the county level, and the Township People's Government is responsible for the promulgation and implementation; Cross-township administrative regions shall be promulgated and implemented by the people's government at the county level.
Thirty-second forest land owners should complete reforestation in the same year or the following year, and take effective measures to strengthen the management and protection of deforested land, burned land and forest pests and diseases.
Thirty-third units and individuals are encouraged to plant trees and establish artificial commercial forest bases.
Units that invest in artificial commercial forests with an area of 1 000 hectares or more and individuals that invest in artificial commercial forests with an area of 50 hectares or more need to be cut, they may separately prepare the annual forest cutting quota plan. The competent forestry authorities of the people's governments at or above the county level shall make separate plans for their forest harvesting.
The artificial commercial forest base is recognized by the competent forestry department of the provincial people's government in accordance with the relevant provisions of the state.
Thirty-fourth afforestation design, construction and supervision, should abide by the technical regulations of afforestation, the use of improved varieties and strong seedlings, improve the survival rate of trees.
If the survival rate of afforestation is less than 85%, it will not be included in the annual afforestation area, and it will be replanted in the current year or the following year. Thirty-fifth forest harvesting quota system. The people's governments at or above the county level shall, according to the principle that the consumption of timber forest is lower than the growth, verify the forest cutting quota and strictly control the forest cutting amount in this area.
The provincial people's government shall issue the annual forest cutting quota of this province to counties (cities, districts) and quota compilation units.
The competent forestry department of the provincial people's government shall formulate the annual timber production plan according to the annual forest cutting quota and submit it to the competent forestry department of the people's government at the county level. The competent forestry department of the people's government at the county level or the township people's government entrusted by it shall allocate the timber production plan to the forest right owner. The allocation of timber production plan shall be publicized in its place, and the publicity time shall not be less than 7 working days.
Thirty-sixth annual forest cutting quota shall be approved every five years. During the implementation of the cutting quota, if there is a balance of the cutting quota in the previous year, it can be carried forward to the next year after being identified by the competent forestry department of the provincial people's government.
The cutting quota reserved by the competent forestry department of the provincial people's government shall not exceed 10% of the annual forest cutting quota.
If the cutting quota of industrial raw material forest in artificial short rotation period is insufficient, it shall be solved from the provincial retention quota or applied to the state for solution.
Article 37 Commercial logging of public welfare forests is prohibited. Due to the influence of natural disasters such as tending, regeneration or forest fires, it is necessary to cut Phyllostachys pubescens or non-natural broad-leaved forests in national key public welfare forests and provincial public welfare forests, which shall be submitted to the competent forestry department of the provincial people's government for examination and approval; If it is necessary to cut bamboo forests or non-natural broad-leaved forests in other public welfare forests, it shall be reported to the competent forestry department of the people's government at the city or county level with districts for examination and approval.
Article 38 In addition to cutting firewood forests owned by individuals in hilly land and scattered trees in front of and behind houses owned by individuals, farmers shall apply for forest cutting licenses in accordance with the provisions of the Forest Law and the Regulations for the Implementation of the Forest Law.
Article 39 The departments responsible for issuing forest cutting licenses and the entrusted township people's governments shall, in accordance with the relevant provisions of the Forest Law and the regulations for the implementation of the Forest Law, make a decision on whether to approve or not within 10 working days from the date of accepting the application for forest cutting. If logging is approved, a tree cutting license shall be issued; If logging is not approved, the reasons shall be explained and the applicant shall be notified in writing.
The competent forestry department of the people's government at or above the county level shall approve the application for cutting thinning timber, mature artificial timber forest and directional cultivation industrial raw material forest with DBH below 10 cm within the annual cutting quota.
Commercial forests built on non-forest land shall be registered by the competent forestry department of the people's government at the county level, and forest right holders may cut them independently. Where a forest right holder needs to issue a forest cutting license, he shall apply to the competent forestry department of the people's government at the county level, and the competent forestry department of the people's government at the county level shall issue a forest cutting license within 7 working days.
Fortieth approved occupation or requisition of forest land needs to be cut, the land unit or individual shall apply to the competent forestry department of the local people's government at or above the county level for a forest cutting license, which shall be included in the forest cutting quota of the year.
If it is necessary to cut down trees for laying and erecting pipelines such as water transmission, power transmission, communication and broadcasting, it shall be subject to the consent of the owner of forest right, and the forest cutting license shall be handled according to law.
If it is necessary to cut trees in response to natural disasters and other public emergencies, it may be cut ahead of time, but the tree cutting license shall be reissued within 30 days from the end of the emergency response.
Article 41 Commercial Phyllostachys pubescens forests shall be harvested independently by producers and operators, but shall not exceed the approved annual cutting quota, and Phyllostachys pubescens under four years shall not be harvested. After logging, the number of standing bamboos per hectare shall not be less than 1500.
Forty-second units or individuals operating in forest areas (including processing, the same below) shall submit the following materials to the competent forestry department of the people's government at the county level:
(1) an application;
(2) Certificates of qualifications of legal persons or unincorporated persons of other organizations and copies of personal identity cards of citizens;
(3) Certificate of timber business scale and relevant credit certificates;
(four) a feasibility report on the utilization of forest resources issued by a unit with corresponding qualifications;
(five) project approval or filing documents.
If the annual consumption of wood is 5,000 cubic meters and bamboo is more than 654.38+10,000 yuan, the certificate of self-built industrial raw material forest base suitable for its scale shall also be provided.
Article 43 After accepting the application for timber business license, the competent forestry department of the people's government at the county level shall handle it in accordance with the following provisions:
(1) If the annual processing consumption of Phyllostachys pubescens is less than 654.38+10,000 yuan, an administrative licensing decision shall be made directly according to law, and the applicant shall be notified in writing;
(2) If the annual processing and consumption of Phyllostachys pubescens is more than 65,438+10,000 plants but less than 300,000 plants, the competent forestry department of the Municipal People's Government with districts shall directly make an administrative licensing decision according to law, and notify the applicant in writing;
(3) If the annual processing consumes more than 300,000 non-Phyllostachys pubescens wood and Phyllostachys pubescens, it shall be reported to the competent forestry department of the provincial people's government step by step to make an administrative licensing decision according to law and notify the applicant in writing.
The competent forestry authorities of the people's governments at all levels shall make a decision on administrative license within 15 working days from the date of acceptance.
Article 44 It is forbidden to alter, resell, lease or lend the timber business license or illegally transfer the timber business license in other forms.
Forty-fifth transportation of timber shall go through the formalities according to law.
Apply for timber transportation license, cutting license or other legal source certificate, quarantine certificate and other documents stipulated by the competent forestry department of the provincial people's government. The competent forestry department of the people's government at or above the county level shall make a decision on administrative license according to law within 3 working days from the date of accepting the application.
Article 46 No unit or individual may purchase, sell or process wood without a tree cutting license or other legal source certificate. A timber trading enterprise shall establish a raw material purchase ledger, a timber transportation certificate registration ledger and a finished product sales ledger.
Forty-seventh wood inspection can take a combination of fixed inspection and mobile inspection. The timber inspection station approved by the provincial people's government is responsible for timber transportation inspection; If timber is transported without a license, the timber inspection station shall stop it, and the timber transported without a license may be temporarily detained, and the competent forestry department of the people's government at or above the county level or its entrusted timber inspection station shall handle it according to law.
The provincial people's government shall, according to the road changes, timely adjust the location of timber inspection stations.
It is forbidden to evade inspection or refuse to accept inspection by disguising or concealing, and forcibly transport timber. Forty-eighth forests and woodlands are owned by the state and the collective according to law; Trees belong to the state, collectives and individuals according to law.
State-owned and collective-owned forests, trees and woodlands, trees owned by individuals and woodlands used by individuals shall apply to the competent forestry authorities of the people's governments at or above the county level for registration according to law, and the people's governments at or above the county level shall register them, and issue a unified ownership certificate to the competent forestry authorities in the State Council to confirm the ownership or use right.
The ownership and use right of legally registered forests, trees and woodlands are protected by law, and no unit or individual may infringe upon them.
Article 49 Forests and trees naturally growing on state-owned forest land, forests and trees managed by state-owned forest farms and forest parks, and trees owned by the state according to laws or contracts, are owned by the state, and the business units shall control the profits according to the relevant provisions of the state. The ownership of the trees planted by state-owned enterprises, institutions, organs, organizations and military units on the land they manage and use, as well as the trees owned by the above-mentioned units according to the law or the contract, belongs to the unit.
Fiftieth collectively owned forests, trees and woodlands shall be determined in accordance with the following provisions:
(a) hilly land designated according to law belongs to farmers for long-term free use, the trees on the mountain belong to them, and hilly land can be inherited according to law.
(two) the family contract mountain determined according to law, the contract period is 30 to 70 years, which can be inherited according to law, and the trees on the mountain are owned by the family contract households.
(3) If the privately-owned hilly land is left uncultivated for more than 3 years, the rural collective economic organizations shall carry out afforestation, but the ownership of the right to use it shall not be changed, and the income from planting trees can be divided into proportions through consultation between the rural collective economic organizations and the forest land owners; The proportion of rural collective economic organizations is not less than 70%. After the forest is cut down, the woodland will be returned to the owner for management.
(four) the forests, trees and woodlands managed by rural collective economic organizations can be contracted according to the per capita area converted by the population, or they can be distributed to the members of the collective to hold them equally; If the operation is contracted by other means, the transfer shall be evaluated according to law. 70% of the share conversion income and more than 70% of the transfer fee are evenly distributed by the internal members of rural collective economic organizations, and the rest are used for forestry development and public welfare undertakings. Before the implementation of these regulations, the management right and forest ownership of collective forests, trees and woodlands contracted by other means according to law shall be agreed by the parties at that time.
When determining the ownership of collective forests, trees and woodlands, it shall be agreed by more than two thirds of the members of the villagers' meeting or more than two thirds of the representatives of the villagers' representative meeting of the collective economic organization, and a contract (circulation) shall be signed according to law, and the forest right certificate shall be issued according to law.
Article 51 The transfer of the ownership or use right of forests and trees and the right to use forest land shall be implemented in accordance with the Regulations of Jiangxi Province on the Transfer of Forest Resources.
The competent forestry authorities of the people's governments at or above the county level shall strengthen the management of forest rights, and guide and support the circulation of household contracted mountains in the forestry property rights trading center according to law.
Fifty-second mediation of forest rights disputes, in accordance with the provisions of relevant laws, regulations and rules.
In the process of mediation in dealing with forest right disputes, it is found that one of the following circumstances is verified, and the original issuing authority shall revoke the issued forest right certificate and re-determine the forest right according to law:
(1) One party falsifies the basis for issuing certificates or conceals or destroys relevant evidence;
(two) the staff of the issuing authority engages in malpractices for personal gain when issuing certificates;
(three) there is sufficient evidence to prove that the card is wrong;
(4) Issuing certificates in violation of legal procedures;
(five) other circumstances in violation of laws and regulations. Article 53 If the staff of the competent forestry department of the people's government at or above the county level and the staff of other state organs abuse their powers, neglect their duties or engage in malpractices for selfish ends, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law; If losses are caused, it shall be liable for compensation according to law.
Article 54 Anyone who, in violation of the provisions of this Ordinance, goes through the formalities for examination and approval of construction land without the approval of the competent forestry department of the people's government at or above the county level, the examination and approval shall be invalid, and the directly responsible person in charge and the directly responsible personnel of the examination and approval unit shall be given administrative sanctions according to law; If losses are caused, it shall be liable for compensation according to law.
Fifty-fifth in violation of the provisions of this Ordinance, the use of natural broad-leaved forest to burn charcoal, the competent forestry department of the people's government at or above the county level shall order it to make corrections, and confiscate the illegal charcoal burning and illegal income; If the circumstances are serious, a fine of more than/kloc-0 and less than 3 times the value of illegally burned charcoal shall be imposed.
Article 56 Anyone who, in violation of the provisions of this Ordinance, destroys forests for land reclamation, quarries, sand mining, earth borrowing, fruit planting, firewood cutting, herb collecting, stump digging, or other acts that destroy forests or are not conducive to the restoration of forest vegetation, resulting in the destruction of forests and trees, shall compensate for the losses according to law; The competent forestry department of the people's government at or above the county level shall order it to stop the illegal act, replant trees whose number of damaged trees is more than 3 times that of/kloc-0, and may impose a fine of more than 5 times that of damaged trees.
Article 57 Whoever, in violation of the provisions of these Regulations, obtains a timber business license without approval and engages in timber business in forest areas without authorization, the competent forestry authorities of the people's governments at or above the county level shall confiscate the illegally operated timber and illegal income, and impose a fine of more than 2 times the illegal income/kloc-0.
Article 58 Whoever, in violation of the provisions of these Regulations, illegally purchases, sells or processes wood without a tree cutting license or other legal source certificate shall be confiscated by the competent forestry department of the people's government at or above the county level, and shall be fined not less than 3 times the value of wood 1 times; If the circumstances are serious, its business license may be revoked.
Article 59 Anyone who, in violation of the provisions of these Regulations, alters, resells, rents or lends a timber business license or illegally transfers it in other forms shall be ordered by the competent forestry department of the people's government at or above the county level to stop the illegal act, confiscate the certificates and illegal income, and be fined more than 2,000 yuan/kloc-0,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 60 In violation of the provisions of these regulations, timber trading enterprises have not established raw material purchase ledger, timber transportation voucher registration ledger and finished product sales ledger, and the competent forestry department of the people's government at or above the county level shall order them to make corrections; Refuses to correct, can be more than 2000 yuan 10000 yuan fine.
Article 61 Whoever, in violation of the provisions of these Regulations, evades inspection or refuses to accept inspection by disguising or concealing, forcibly transports timber, the competent forestry department of the people's government at or above the county level shall confiscate the freight and impose a fine of more than 3 times the freight/kloc-0. Article 62 These Regulations shall come into force as of May 6, 2007.