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Chapter Law Content

Title: The Forestry Act CH
Category: Ministry of Agriculture(農業部)
Chapter V-I Protection of Trees
Article 38-2
The local government agency shall conduct general inspections of the trees located in its jurisdiction. Trees, bamboo groves, street trees and individual tree that are important with respect to ecology, biology, geography, landscape, culture, history, education, research, and community, as well as other important meanings recognized by a local government agency as trees subject to protection measures shall be recorded and announced.
For the announced protected trees mentioned in the preceding Paragraph, the local government agency shall make it a priority to increase protection measures, maintain the natural growth of tree crown and trees’ quality, provide regular care and health examinations, and protect the growth habitat of the trees. The current status of the trees shall be regularly announced on the website of the local government agency.
The measures of general inspection and standards of tree protection mentioned in Paragraph 1 shall be formulated by the central government agency.
Article 38-3
As a principle, trees that are located within the scope of lands for development but are subject to protection shall remain in an “as-is” condition. The aforesaid trees may not be logged, transplanted, trimmed, or sabotaged by any other means unless permission is granted by the local government agency. Furthermore, the growth habitat of the trees shall be well-maintained.
To transplant the trees promulgated to be protected, the developer mentioned in the preceding Paragraph shall submit a transplantation and restoration plan for review and approval by the local government agency before such transplantation may proceed.
All measures for matters related to the plan mentioned in the preceding Paragraph, including its content, application, review procedures, calculations of tree-crown area, and implementation regulations for trimming and transplantation of trees, digging tree holes, administration of pests control agents, health examination and care, and habitat management, are formulated by the central government agency. The local government agency shall formulate the enforcement rules according to the local environment.
Article 38-4
After receiving an application for transplantation of protected trees by the local government agency, the developer shall hold a public explanation meeting to gather opinions from the public. Relevant organizations, agencies, and local residents may, within 15 days after the public explanation meeting, submit an opinion in writing to the developer and a copy to the local government agency.
The local government agency shall convene a public hearing after the developer's public explanation meeting and publish the date and venue of the said hearing in newspaper(s) and website(s) or publicize the information through another appropriate means. Any member of the public may submit an opinion to the local government agency for reference. In the case of a transplantation of protected trees approved by the local government agency, the local government agency shall docket the trees for future tracking and publish their status on its website on a regular basis.
Article 38-5
For the transplantation of protected trees reviewed and approved by the local government agency, the local government agency shall require the developer to provide land and funds for the local government agency's replacement planting of trees as compensation to the ecological environment.
With regard to the ecological compensation mentioned in the preceding Paragraph, relevant measures for the choice of location of land, species, and quality of replanted trees, evaluation of ecological functions, management of habitats, or compensating funds, shall be formulated by the local government agency.
Article 38-6
For the management and protection of trees that is beyond the scale designated by the central government agency, works of planning, designing, and supervision shall be completed by legally registered technicians who are professionals in the area of forestry, horticulture, and have relevant skills, or the technical consulting institutes which hire said technicians. In the event that a work is handled by government agencies of all levels, public corporations, and public institutions, the works may be completed by persons who are accredited as corresponding technicians in said agencies, corporations, and institutions.
The central government agency shall establish a training, recruiting, and certification system of the professionals for tree protection. The relevant measures shall be formulated by the central government agency in consultation with the Examination Yuan and the Ministry of Labor.