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Title: The Forestry Act CH
Category: Ministry of Agriculture(農業部)
Chapter V Forest Protection
Article 32
To protect the forest, forest police may be instituted; where forest police are not instituted, the local police shall assume the duties of forest police.
The administrations and district heads of villages (towns, cities) are responsible for assisting in forest protection.
Article 33
The forest periphery may be designated a forest protection area. The area shall be delineated by the government agency, presented to the central government agency for approval, and promulgated by the local government agency.
Article 34
Prescribed burns shall not be started in forest areas and forest protection areas. Parties that have a burning permit from a relevant fire prevention institution, and which report to the relevant government agency, are not bound by this limitation. The permitted party must notify the owner or manager of adjacent forests prior to conducting a sanctioned burn.
In carrying out a sanctioned burn, the permitted party must have fire-extinguishing equipment on hand.
Article 35
The government agency shall institute a forest fire squad based on forest conditions and organize a volunteer forest fire squad as needed.
Article 36
Where a railway passes through a forest area or forest protection area, fire and smoke prevention equipment shall be implemented; the same is required of a factory situated near a forest protection area.
Where electrical wires pass through a forest area or forest protection area, equipment that prevents electrical shorts shall be implemented.
Article 37
Where there are biological hazards or disturbances in the forest, the forest owner shall be responsible for their elimination or prevention. Where hazards or disturbances are present, the forest owner, when necessary and subject to permission by the government agency, may enter another’s land to eliminate or prevent hazards to forest biology. In the event of damages, the forest owner shall be liable for compensation.
Article 38
Should a forest be threatened or afflicted by biological organisms and their spread or protraction, the government agency may order the forest owner and other parties with interests in the forest to perform actions required for the elimination or prevention of said organisms.
The cost of said elimination or prevention will be based on the area and value of the land, and shall be borne by the forest owner. However, if a prior agreement has been made among those sharing such costs, the terms of the agreement shall preside.
Article 38-1
The central government agency shall determine the methods used to protect and manage forests, prevent disasters and carry out rescues; the equipment used in forest protection; all aspects of forest propagation; and the rewards for forest fire prevention.
For National Forest located within the traditional territory of aboriginal peoples, the central government agency shall make it a priority to advise aboriginal peoples community development associations, legal entities or individuals with reforestation and forest protection.