Regulations of Hebei Province on Deforestation

Article 1 These Measures are formulated in accordance with the Forest Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Forest Law of People's Republic of China (PRC), combined with the actual situation of this province. Second in the administrative area of this province engaged in the cultivation, planting, cutting and utilization and management of forests, trees and woodlands, must abide by these measures. Article 3 People's governments at all levels shall, according to the requirements of ecological environment construction and sustainable development of national economy, increase investment in forestry construction, improve the level of forestry science and technology, organize social forces to plant trees, strengthen forest protection and management, and ensure the steady growth of forest resources. Article 4 The area of key shelterbelts and special-purpose forests within the administrative area of this province shall not be less than 40% of the total forest area of the province. The people's governments at the county level shall determine the proportion of non-key shelterbelts and special-purpose forests in the total forest area within their respective administrative areas according to the laws and regulations of adjacent forests and the provisions of the state on forest variety zoning, combined with the local economic development level and ecological environment. Fifth people's governments at or above the county level shall establish a forestry fund system according to law, strengthen the collection and management of afforestation fees, and use them exclusively for afforestation and greening. Article 6 The construction and management expenses of shelterbelts and special-purpose forests shall be mainly invested by people's governments at all levels, and the compensation system for forest ecological benefits shall be implemented in accordance with the relevant provisions of the state and this province. The construction and management expenses of timber forest, economic forest and firewood forest are mainly invested by operators, and people's governments at all levels shall give support and guidance in terms of capital, technology and information. Article 7 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. The people's governments at the township level shall be responsible for the forestry work within their respective administrative areas. Full-time or part-time personnel arranged by forestry workstations or township people's governments are responsible for guiding rural collectives and individuals to develop forestry production. Chapter II Forest Management Article 8 The competent forestry department of the provincial people's government shall organize the monitoring of forest resources in the whole province every five years; The competent forestry authorities of the people's governments at or above the county level shall be responsible for regularly organizing forest resources surveys within their respective administrative areas and establishing forest resources archives. The funds needed for forest resources monitoring and investigation shall be included in the fiscal budget at the same level. Ninth forest land to implement total control and use control. People's governments at all levels should reserve enough forestry land according to the requirements of national economic development for ecological environment construction when compiling the overall land use planning. Tenth trees, forest land ownership and use rights disputes, in accordance with the "People's Republic of China (PRC) Forest Law" and other relevant laws and regulations. Before the dispute over the ownership and use right of trees and forest land is resolved, the disputed trees shall not be cut down or the status quo of disputed forest land shall not be changed. Eleventh engineering construction should not occupy or occupy less forest land. If it is really necessary to occupy or requisition forest land, the examination and approval procedures for occupation and requisition of forest land must be handled according to law, and the land-using unit shall pay the forest vegetation restoration fee in advance. Measures for the collection, use and management of forest vegetation restoration fees shall be formulated by the competent forestry department of the provincial people's government in conjunction with the finance and price departments in accordance with the relevant provisions of the state and implemented after being submitted to the provincial people's government for approval. Forest vegetation restoration fees shall be earmarked, and the competent forestry authorities of the people's governments at or above the county level shall uniformly arrange afforestation and restore forest vegetation. No unit or individual may misappropriate the forest vegetation restoration fee. Audit institutions shall audit and supervise the use and management of forest vegetation restoration fees. Twelfth approved occupation and requisition of forest land, forest land compensation fees and resettlement subsidies shall be paid in accordance with the standards stipulated in the Regulations on Land Management in Hebei Province; The standard of forest tree compensation fee that should be paid shall be formulated by the competent forestry department of the provincial people's government in conjunction with the competent departments of finance, price and land resources, and shall be implemented after being submitted to the provincial people's government for approval. Thirteenth temporary occupation of forest land due to engineering construction, before reporting to the competent forestry department of the people's government at or above the county level for approval, the land unit shall sign an agreement with the owner or user of forest land for temporary occupation of forest land. After the expiration of the temporary occupation of forest land, the land unit must return the forest land on schedule. If the forest vegetation is damaged, the land-using unit must restore the forest vegetation, or the land-using unit shall pay the forest vegetation restoration fee to the competent forestry department that approved the occupation of forest land, and the competent forestry department shall organize the restoration of the damaged forest vegetation. Fourteenth it is forbidden to develop the subordinate relationship of state-owned forestry enterprises and institutions without authorization. If it is really necessary to change, it must be approved by the competent forestry department of the provincial people's government and submitted to the provincial people's government for approval. Where laws and regulations provide otherwise, such provisions shall prevail. Fifteenth strictly control the use of forest resources to carry out tourism activities. The use of forest resources to carry out tourism activities or establish forest parks must be reported to the competent forestry authorities of the people's governments at or above the provincial level for approval. To establish a forest park and develop forest tourism projects, it is necessary to prepare a feasibility study report and a master plan for the forest park and implement protective measures, so as not to cause damage to forest resources. Chapter III Forest Protection Article 16 People's governments at all levels and competent forestry authorities shall, in accordance with the relevant provisions of the state, strengthen the construction of forest public security organs, forestry inspection teams and grass-roots forest protection organizations, urge grass-roots units with forests and rural collective economic organizations to conclude forest protection conventions and organize the masses to protect forests. Seventeenth forest fire prevention to implement the responsibility system of the chief executive of the people's governments at all levels and the responsibility system of departments and units. The people's governments of provinces, cities divided into districts and key forestry counties (cities, districts) shall organize relevant departments to set up forest fire prevention headquarters according to actual needs. The office of forest fire prevention headquarters is located in the competent forestry department. Counties (cities, districts) without forest fire prevention headquarters may perform the duties of forest fire prevention headquarters by the local people's government or its designated departments. Eighteenth state-owned forestry enterprises and institutions, farms, pastures, forest and wildlife nature reserves, key forestry counties (cities, districts) of the township (town) and village shall establish forest fire prevention organizations, formulate forest fire prevention responsibility system. Article 19 The forest fire prevention period in this province is 10/month/day to May 3 1 day of the following year. The people's governments at or above the county level may, according to the needs of forest fire prevention, extend the forest fire prevention period within their respective administrative areas, stipulate the martial law period for forest fire prevention, and delimit the martial law area for forest fire prevention. Twentieth people's governments at all levels shall, in accordance with the principle of prevention first and comprehensive management, take technical and biological measures to organize the implementation of forest pest control. The responsibility system of who manages and who controls forest pests and diseases shall be implemented. Article 21 The competent forestry authorities of the people's governments at or above the county level shall strengthen the forecasting of forest diseases and insect pests and the quarantine of forest plants. When a large-scale epidemic situation or dangerous forest diseases and insect pests occur, the local people's government shall take emergency prevention and control measures. With the approval of the provincial people's government, forest plant epidemic checkpoints can be set up in areas where forest diseases and insect pests occur to block and control the spread of the epidemic. Twenty-second people's governments at or above the county level shall, according to the distribution of natural forest resources within their respective administrative areas, formulate natural forest protection plans, and delimit prohibited logging areas and restricted logging areas. Typical zonal forest ecological areas and natural forest areas with special protection value can be designated as nature reserves in accordance with relevant state regulations, and protection and management can be strengthened. Precious trees and ancient and famous trees outside nature reserves, prohibited logging areas and restricted logging areas are listed as protected objects by the people's governments at or above the county level. Chapter IV Afforestation Article 23 The minimum target of forest coverage rate in the whole province is 30%. The time limit, measures and sub-regional forest coverage target to achieve the goal are determined by the provincial people's government. Article 24 The competent forestry authorities of the people's governments at or above the county level shall, according to the long-term forestry planning and forest coverage target, and in combination with regional characteristics, formulate afforestation plans and annual plans according to local conditions, and organize their implementation after being approved by the people's governments at the same level. In northern and western Hebei, Bashang area and coastal areas, we will focus on building windbreak and sand-fixing forests, water conservation forests and soil and water conservation forests to highlight the ecological and social benefits of forests. Afforestation plans and annual plans compiled by departments such as railways, highways, urban construction, water conservancy, mines and land reclamation shall be incorporated into the afforestation plans and annual plan management of local people's governments at or above the county level. Twenty-fifth departments and units of afforestation must complete the afforestation task in accordance with the quantity, quality and time limit stipulated in the annual afforestation plan issued by the local people's government at the county level. The competent forestry authorities of the people's governments at or above the county level shall inspect the completion of afforestation tasks by responsible departments and responsible units. Twenty-sixth people's governments at all levels should encourage the use of foreign capital and social funds for afforestation; Encourage citizens, legal persons and other economic organizations to take the form of contracting, leasing, purchasing, joint-stock cooperation and joint venture to plant trees on state-owned and collective-owned suitable forests, and whoever makes them owns them. Twenty-seventh people's governments at all levels shall mobilize and organize citizens of school age to participate in voluntary tree planting, and formulate specific objectives and measures. The Greening Committee of the people's government at or above the county level shall lead the voluntary tree planting work within its administrative area in a unified way, and provide necessary guarantee conditions for voluntary tree planting activities. Twenty-eighth people's governments at or above the county level shall increase investment in deep mountain areas suitable for afforestation by plane and carry out afforestation by plane in a planned way. The local people's government shall set up signs and fences for aircraft afforestation areas, closing hillsides to facilitate afforestation areas and newly-built young forest areas. Twenty-ninth sloping farmland above 25 degrees should be converted into farmland, and trees and grass should be planted within a time limit according to law; Others that need to return farmland to forests and grasslands shall be implemented in accordance with the plans formulated by the people's governments at or above the county level. The local people's government should give support to areas where returning farmland to forests and planting trees and grass, and arrange the production and life of the masses in accordance with the relevant provisions of the state. Thirtieth afforestation shall abide by the technical regulations for afforestation, carry out scientific afforestation and ensure the quality. If the survival rate of artificial afforestation is less than 85%, replanting should be carried out; If the survival rate of artificial afforestation is less than 40%, reforestation should be carried out. Chapter V Forest Logging Article 31 People's governments at all levels shall strictly control forest logging in accordance with the principle that the consumption of timber forests is lower than the growth, and shelter forests and special-purpose forests are managed reasonably. The cutting of forests and trees shall not exceed the annual forest cutting quota approved by the State Council and the annual timber production plan issued by the competent forestry department of the State Council. Thirty-second cutting forests and trees should be determined according to the purpose of cultivation. National and provincial key shelterbelts and shelterbelts on slopes above 25 degrees are only allowed for tending and cutting. Economic forests can be cut according to their growth and management needs. Railway road protection forest, highway road protection forest, water conservancy project protection forest and urban forest are only allowed to carry out renewable logging. Thirty-third state-owned forest farms cut trees in pieces, as well as timber forests and national and provincial key shelterbelts created by foreign capital, and the competent forestry department of the provincial people's government shall issue forest cutting licenses. The competent forestry department of the provincial people's government may entrust the competent forestry department of the municipal people's government with districts to issue forest cutting licenses. Thirty-fourth cutting railway road protection forest, the competent department of railways issued a forest cutting license; Cutting highway shelterbelts shall be issued by the transportation departments of the people's governments of provinces or districts; To cut down urban trees, the competent department of gardens of the people's government at or above the county level shall issue a tree cutting license. The competent departments of railways, transportation and gardens shall prepare the annual timber production plan in accordance with the provisions, and report the issuance and management of annual forest cutting licenses to the competent forestry departments of the people's governments at or above the county level for the record. The water conservancy project of the waterlogging administrative department must obtain the consent of the water administrative department of the municipal people's government divided into districts, and the competent forestry department of the people's government at or above the county level shall issue the forest cutting license. Thirty-fifth cutting trees must use the forest cutting license printed by the competent forestry department of the provincial people's government. The competent forestry authorities of the people's governments at or above the county level shall supervise and inspect the issuance of forest cutting licenses and the implementation of annual forest cutting quotas within their respective administrative areas according to law. Article 36. When cutting trees, the forest owner or manager shall apply to the department that issued the forest cutting license for cutting, and cut trees in accordance with the provisions of the forest cutting license. Rural residents cut down private plots in front of and behind their houses and scattered trees owned by individuals. The department issuing the forest cutting license shall verify the documents submitted by the units and individuals applying for forest cutting, supervise and inspect the cutting operation, and organize the acceptance after the cutting operation is over. Thirty-seventh management or processing of timber must be reported to the competent forestry department of the people's government at or above the county level for approval, and a license for timber management and processing must be obtained. No unit or individual engaged in timber business or processing may purchase, operate and process timber without a tree cutting license or other legal source certificate. Thirty-eighth transportation of timber under the management of timber transportation license must hold a timber transportation license issued by the competent forestry department of the people's government at or above the county level. The catalogue of timber varieties subject to the management of timber transport license shall be formulated and promulgated by the competent forestry department of the provincial people's government in accordance with the relevant provisions of the state. Article 39 The establishment, adjustment and cancellation of timber inspection stations and the measures for supervision and inspection of timber transportation, management and processing shall be proposed by the competent forestry department of the provincial people's government and submitted to the provincial people's government for approval. Chapter VI Legal Liability Article 40 Anyone who, in violation of the provisions of these measures, arbitrarily changes the affiliation of state-owned forestry enterprises and institutions shall be ordered by the competent forestry department of the provincial people's government to make corrections within a time limit. The directly responsible personnel in charge and the directly responsible personnel shall be given administrative sanctions by their units or the competent authorities at higher levels. Forty-first in violation of the provisions of these measures, without the approval of the use of forest resources to carry out tourism activities or the establishment of forest parks, the competent forestry department of the people's government at or above the county level shall be ordered to stop illegal activities, restore the original state within a time limit, and confiscate the illegal income. And can claim compensation for losses according to law. Damage to forests and trees shall be dealt with in accordance with Article 44 of the Forest Law of People's Republic of China (PRC). Article 42 Whoever, in violation of the provisions of these measures, commits any of the following acts shall be dealt with in accordance with the Forest Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Forest Law of People's Republic of China (PRC): (1) occupying or requisitioning forest land or changing the use of forest land without the approval of the competent forestry department of the people's government at or above the county level; (two) the temporary occupation of forest land is not returned within the time limit; (three) the responsible afforestation unit fails to complete the afforestation task in accordance with the quantity, quality and time limit stipulated in the annual afforestation plan issued by the local people's government at the county level; (four) illegal felling of forests and trees; (5) Deforestation of forests and trees; (six) illegal logging and destruction of precious trees; (seven) illegal acquisition, management and processing of timber; (8) transporting timber without a timber transport license; (9) Man-made forest fires; (ten) other acts that need to be punished in violation of the provisions of these measures. Article 43 If anyone, in violation of the provisions of these measures, issues a forest cutting license in excess of the approved annual forest cutting quota or issues a forest cutting license beyond his authority, the competent forestry department of the people's government at a higher level shall order him to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 44 If the staff of the competent forestry authorities engaged in forest resources protection, forestry supervision and management and other relevant state organs abuse their powers, neglect their duties or engage in malpractices for selfish ends, which does not constitute a crime, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.