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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 15:14
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Chapter Law Content

Chapter III Inspection
Article 12
The inspection of harvested forest products of state-owned, public and private forests shall be handled in accordance with the Regulations.
The inspection of harvested forest products under the Regulations include:
1.Forest products release inspection
2.Forest products moving inspections
3.Cutover forest inspection
Article 13
The division of labor for the inspection of harvested forest products shall be as below :
1.The release inspection and the cutover forest inspection shall be conducted by the original competent authority issuing the cutting and harvesting permit.
2.The forest products moving inspection shall be conducted by the relevant checkpoint; the competent authority may organize mobile inspection teams to conduct inspections.
Article 14
The stamp certifying the relevant forest products inspection shall be prepared by the central competent authority and handed over to the agency conducting such inspection for custody and use. Such stamps include:
1.The investigation stamp: used during the harvest volume check to certify the per-tree check of the coniferous trees, broadleaf trees, precious trees, and trees subject to selection cutting or alternate cutting. However, during per-tree checks in simple sampling areas for artificial forest, investigators shall replace the investigation stamps with spray paint, ropes or other simple marking methods.
2.The blocking wood inspection stamp: used to certify the investigation of blocking wood, subsidiary materials or trees omitted from previous inspections.
3.The demarcation stamp: used to mark the boundaries of the forest products cutting areas.
4.The release stamp: used to certify the release inspection.
5.The attachment stamp: used to certify an investigation of the harvest and the root plants thereof from theft, unauthorized cutting or mistaken cutting.
6.The cutover forest inspection stamp: used to certify the cutover forest inspection following the completion of the cutting and harvesting operation.
Article 15
The harvester shall apply to the original competent authority issuing the cutting and harvesting permit for the competent authority to conduct the release inspection of the forest products trimmed and gathered up in the cutting area or at the relevant plain ground. Such forest products may not be moved and transported until after being branded with the release stamp
Article 16
The forest products release inspection shall be in accordance with the following:
1.In the case of a state-owned forest, excluding reforestation concessions:
(1)The release inspection shall be conducted in the cutting area or at the designated plain ground where cutting and harvesting is permitted. The harvester may apply for the release inspection on a batch-by-batch basis.
(2)Where the end of the main product has a diameter of 20cm or more, or the end of a naturally-occurring precious broadleaf or coniferous tree cut has a diameter of 12cm or more, the harvester shall number each of such timbers and brand the same with the stamp chosen in accordance with Article 44, Paragraph 2 of the Act for such purposes. Such timbers shall be inspected and branded with the release stamp before being released for moving and transportation.
(3)The competent authority shall make out a Detailed List for Forest Product Release Inspection (as per Supplemental Forms 2 and 3) and issue a copy thereof to the relevant forest product checkpoint and the harvester respectively.
2.In the case of a reforestation concession in a state-owned forest, public forest, or private forest:
(1)The harvester shall fill out an application for moving the forest products and file the same to the relevant inspection agency to conduct the release inspection in the cutting area or at the designated plain ground. The harvester of forest products from a public forest shall handle the matter in accordance with Item 2 of the preceding paragraph.
(2)The inspecting personnel shall stamp the release stamp onto the timber and fill in the amount released on the reverse side of the Permit for Cutting, Harvesting and Transporting and impress his/her seal thereon and returned the same to the harvester for holding as the evidence of approval for moving.
3.By-products, bamboos, branches, tips of twigs, thinning logs with ends that have a diameter of 20cm or less, waste materials, raw materials for industrial purposes and products not suitable for numbering or branding stamps may be categorized for purposes of the release inspection, provided that the result of the weight measurement conducted at the relevant checkpoint shall prevail with respect to the amount released.
4.The by-products shall be measured according to the applicable unit and specification.
Article 17
The standards for the timber types and specification of forest products with respect to forest products release inspection shall be in accordance with the National Standards of the Republic of China (CNS) Wood Industry category.
Article 18
The forest products moving inspection shall be in accordance with the following:
1.In case of a state-owned forest, excluding reforestation concessions, the harvester shall make a list of forest products to be moved in accordance with to the types of forest products (Supplemental Forms 4 and 5), stop at and produce the same list to the relevant checkpoint for inspection. The personnel at such checkpoint shall check to confirm such forest products being moved conform to those described in the list before stamping the list for release. The list as stamped shall be made in three counterparts with the checkpoint, the central competent authority, and the harvester each holding one copy thereof.
2.In case of a reforestation concession in a state-owned forest, public forest, or private forest, the evidence issued by the release inspection agency approving the moving and transportation of the forest products shall be presented to the checkpoint. The personnel at such checkpoint will stamp such evidence to release the products after confirming that such products conform to those described in the evidence.
3.Where the forest products being moved and transported need to pass more than one checkpoints, the procedure provided in the preceding subparagraph shall be conducted by the first checkpoint. The other checkpoints or inspection teams will stamp the moving list to release the forest products after confirming that such forest products conform to those described in the moving list.
4.The forest products or wood products sold on the market shall be inspected based on uniform invoices.
5.Forest products subject to direct management by the relevant forestry managing administration shall bear the moving stamp and a moving list (as per Supplemental Form 6) thereof shall be made out for ready inspection. Such forest products shall be branded the release stamp upon sale.
Article 19
The harvester of forest products of a state-owned or public forest shall, within ten days of completing the transportation of the forest products, apply to the original competent authority issuing the cutting and harvesting permit for cutover forest inspection. The cutover forest inspection shall be conducted to confirm the following:
1.In cases of clear cutting, whether the demarcation trees are intact and whether cutting and harvesting has been conducted outside the designated boundaries.
2.In cases of selection cutting, whether there are trees which are not approved for cutting and harvested have been cut.
3.Whether the harvester has acted in breach of the contract.
The inspection group conducting the inspection provided in the preceding paragraph shall be headed by technical personnel who did not participate in the inspection stipulated in Article 6.
Where the cutover forest inspection results show that no cutting outside the boundaries, theft or any other activity was conducted in breach of the laws and regulations or contract, the certificate of completion of operation is issued by the original competent authority issuing the cutting and harvesting permit.
Article 20
Any activity in violation of the Act or the Regulations as is discovered by supervision or inspection personnel shall be promptly reported to the competent authorities. Where such violation involves criminal liability, the local police agency shall be engaged to duly conduct the relevant investigation. In such case, the relevant tangible evidence shall be properly kept.
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