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Title: The Forestry Act CH
Category: Ministry of Agriculture(農業部)
Chapter II Forestry Administration
Article 5
The administrative management of the forestry industry shall be predicated on the primary goal of preserving the long-term integrity of national lands.
Article 6
Whereof undeveloped mountains and lands suitable for forestry, the central government agency shall request that the central land administrative authority classify them as forestland, and promulgate accordingly.
Whereas land designated as forestland cannot be changed to other designations. However, forestland can be redesignated if approval is obtained from the direct municipal and county (city) governments, and this is then reported to the central government and central land management agency. If the land belongs to aboriginal people, it is also necessary to obtain approval from the aboriginal peoples’ central government.
Forestland designated as such by other acts cannot be redesignated, except as provided in the preceding paragraph.
Article 7
Should a public or private forest have any of the following, the central government agency may appropriate it to national ownership, and shall compensate the owner accordingly:
1. It is needed for reasons of national security or operation of national forest;
2. It includes a river, lake or other water source that provides important resources to the public.
Any and all acts relevant to land appropriation may be applied when appropriating land to national ownership. The procedure for appropriating public forest may follow the relevant rules of public property management.
Article 8
Should a national or public forest have any of the following, it may be leased, transferred or appropriated:
1. It is required for establishing a school, hospital, park or other public facilities;
2. It is required for national defense, transportation or water conservation
3. It is required for establishing public works;
4. It is required for establishing a duly approved national park, designated scenic area or forest recreation park.
Should the applications stipulated above be violated, or not used for the said purposes during the assigned period, the leased, sublet or appropriated forestland shall be seized.
Article 9
To carry out any of the following actions in a forest, an application shall be filed with the government agency who shall, together with the relevant local agency, examine the specified area for its suitability for the proposed action. After the application is approved, the action may be undertaken within the designated boundaries.
1. To build or repair a reservoir, roadway, power transmission system or to develop a source of electricity;
2. To mine or quarry;
3. To build or repair other engineering works.
These undertakings are limited to those not impairing geological stability, national security and forestry.
For number 1, above, if there are concerns the forest will be damaged, the government agency shall oversee that the party in question shall perform due water conservation measures or other necessary measures, and the party may not refuse.
Article 10
Should a forest have any of the following, the government agency shall bar logging:
1. The land is so steep or the soil so shallow that re-forestation is difficult;
2. After logging, the soil is likely to be eroded or affect public benefits;
3. The land is located in a water reservoir collection area, headwaters of a river, on an eroded riverbank, windward coastal area or sand dune area;
4. The forest is in other areas where logging prohibition is essential.
Article 11
The government agency may, according to where a forest is located, limit or prohibit the harvest or excavation of grass cover, tree roots and grass roots to a specific location and time period.