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Chapter Law Content

Title: The Forestry Act CH
Category: Ministry of Agriculture(農業部)
Chapter III Forestry Management and Utilization
Article 12
Whereas national forests shall be classified and managed by the central government agency; public forests shall be managed by the owner authority or consigned to some other legal entity; private forests shall be managed by private individuals.
The central government agency may, according to the state of the forestry industry, regulate and implement the forest management plan.
Article 13
To reinforce the water retaining ability of the forest, forest management shall comply with the protection and management regulations for water collection areas; these regulations shall be mandated by the Executive Yuan.
Article 14
National forest management plans shall be regulated by the relevant administrative agency, and shall be submitted to the central government agency for approval.
Article 15
The annual plan for the yields of national forest products shall be based on the management plan for the relevant business area.
Harvesting of national forest yields shall be carried out according to the annual logging plan and national forest yields management code.
The category and handling of, and criteria pertaining to, national forest yields, and the harvest, transport, transfer, fee payment and other issues relevant to forest yields shall be regulated by the central government agency.
If the forest is located in the traditional territory of aboriginal people, the aboriginal people may take forest products for their traditional living needs. The harvesting area, variety, time, paid/unpaid, and other rules should be decided by the central government agency along with the central government of the aboriginal people.
After a natural disaster, the local government has one month to finish the cleanup and tally up all bamboo or trees carried outside the boundary of the National Forest by natural forces. After one month, local people may collect freely the remaining displaced wood and bamboo.
Article 16
Should a national park or scenic area be designated in a forest area, the responsible party shall meet with the government agency to conduct a field survey. The forest area within the demarcated boundaries shall be managed by the government agency according to this Act in conjunction with the relevant national park or scenic area development plan.
The regulations for the above shall be mandated by the Executive Yuan.
Article 17
Wherein a forest region, subject to approval of a relevant environment impact assessment, may be designated a forest recreation area; the establishment and regulation of this area shall be mandated by the central government agency.
A forest recreation area may collect fees for environmental improvement, and maintenance and cleaning; amusement facilities may collect a usage fee; such fees shall be regulated by the central government agency.
Article 17-1
To maintain forest ecology and preserve biodiversity, a Nature Reserve may be designated within a forest area. The number of people and the amount of traffic allowed into a Nature Reserve shall be regulated in accordance with the unique characteristics of the resources within the Reserve. The central government agency shall set the criteria for establishing and abolishing a Nature Reserve, its management plan, and relevant regulatory rules.
Article 18
Whereas public and private forests with a commercial forest area of more than five hundred (500) hectares shall have a licensed forestry technician.
Forest planters and loggers shall be assisted by forestry technicians or forestry technical staff.
Article 19
Should business collaboration among forestry practitioners become necessary, the said practitioners may organize a forestry cooperative association in accordance with the Cooperative Association Act; the association shall be counseled by the local government agency.
Article 20
Should a forest owner need to use another’s land to transport forest equipment and products, or use, alter or remove implements in a water course, which must be done without endangering the water supply or peoples’ lives, the owner shall negotiate with the landowner or other interest-holders. Where negotiation is discordant or impossible, the parties shall file with the government agency and the relevant local government agency for mediation; where mediation fails, the government agency shall resolve the issue.
Article 21
On the following forestlands the government agency may order the forest owner or stakeholder to undertake and complete reforestation and necessary water and soil conservation measures within an assigned period:
1. Eroded gorge, steep exposed land, collapsed land, landslide area, fragmented belt, severely eroded land and scattered sand dune;
2. Water source area, reservoir collection area, coastal area and riverbanks;
3. Old fire site, flood eroded land;
4. Logged site;
5. Other areas where conservation is essential.