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Chapter Law Content

Title: The Forestry Act CH
Category: Ministry of Agriculture(農業部)
Chapter IV Conservation Forestry
Article 22
Whereas forests held by the state, or a public or private entity, which meet any of the following requirements shall be classified as conservation forests by the central government agency:
1. Essential for preventing damage from floods, wind, tides, salt, and smoke;
2. Essential for the conservation of a water source or protection of a reservoir;
3. Essential for preventing damage from sand, soil erosion and blowing sand, falling rock, ice, or avalanches;
4. Essential to national defense;
5. Essential to public health;
6. Essential for navigation;
7. Essential for the fishing industry;
8. Essential to the preservation of landmarks, historic relics, and scenery;
9. Essential to nature conservation.
Article 23
Whereas hills or other lands conforming to any of the criteria in Article 22, Sections 1-5, shall be classified as conservation forest by the central government agency, and the conservation thereof shall be augmented.
Article 24
The management of conservation forests shall be predicated, regardless of ownership, on serving the public interest. All conservation forests shall be reasonably managed, cultivated, renewed and logged according to their individual characteristics.
Conservation forest management standards shall be decreed by the central government agency in conjunction with the local government agency.
Article 25
Should the subsistence of a conservation forest become unnecessary, subject to approval from the central government agency, it may be partially or wholly declassified.
The review standard for declassifying conservation forest will be decided by the central government agency.
Article 26
The classification or declassification of a conservation forest may be effected by submitting an application to the direct municipality or county (city) government agency by a legal entity or organization located in the vicinity of the forest or other parties having direct interests. The application then must be presented to the central government agency for approval. If the forest falls under the jurisdiction of the central government agency, the application shall be sent directly to the central government agency.
Article 27
In accepting the aforesaid application for classifying or declassifying a conservation forest, the government agency shall notify the relevant forest owner, landowner and parties holding other land rights, and promulgate accordingly.
Starting from the day of the said promulgation until the day of promulgation stipulated in Article 29, Section 2, forests classified as conservation forests may not be developed or logged, except with the approval of the government agency.
Article 28
Should any party with direct interests object to the specific classification or declassification of a forest, the party may present a statement of opinion to the local government agency within thirty (30) days of the day of promulgation stipulated in the first paragraph of the preceding article.
Article 29
The relevant direct municipality or county (city) government agency shall present all documents related to the classification or declassification of a conservation forest to the central government agency for approval. Where there are objections filed according to the preceding article, the statement of opinion shall be enclosed. The classification or declassification of a conservation forest, after approval by the central government agency, shall be promulgated by the relevant direct municipal or county (city) government agency, and the forest owner shall be duly notified.
The classification or declassification of a conservation forest, upon approval by the central government agency, shall be promulgated by the central, direct municipal or county (city) government agency, and the forest owner shall be duly notified.
Article 30
No logging, damage to wood or bamboo, development or livestock grazing, harvesting or excavating of earth, rocks, grass cover or tree roots may be carried out in a conservation forest, except with the approval or consent of the government agency.
In addition to the limitation clause herein, the government agency may limit or prohibit the use of revenues therefrom by the conservation forest owner, or dictate the method of operation and protection.
The government agency may order reforestation or other essential restoration procedures if these limitations are violated.
Article 31
Whereof conservation forests are protected against logging, the landowner or crop owner may file for compensation limited to the extent of direct damage.
For the owner of a conservation forest who undertakes reforestation, as stipulated in paragraph three of the preceding article, and thus incurs reforestation expenditures, the said expenditure shall be deemed damages, as defined above.
For the damages specified herein, the landowner shall be compensated by the central government, which may order the legal entity, organization or private individual that benefits from the conservation forest classification to bear part or all of the compensation.