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Chapter Law Content

Chapter II Cutting and harvesting
Article 4
A permit must be obtained before cutting and harvesting forest products.
Permits for cutting and harvesting forest products shall be approved as below:
1.In case of a state-owned forest: In accordance with the Regulations Governing Disposition of Forest Products of State-owned Forests.
2.In case of a public or private forest: By the municipal/county (city) competent authority.
Article 5
The harvester of forest products of a public or private forest shall submit an application form along with the following documents to apply to the municipal/county (city) competent authority for the permit for cutting, harvesting and transporting such forest products:
1.The location map of the cutting and harvesting area.
2.The document certifying the rights in the subject forest products.
3.The road plan and the soil and water conservation plan.
4.The reforestation (utilization) plan for the cutover forest.
The applicant may present good cause and relevant certifying document instead of the plan provided in subparagraphs 3 or 4 of the preceding paragraph.
Article 6
The municipal/county (city) competent authority shall, after receiving the application provided in the preceding article, dispatch personnel to conduct an on-site inspection of the following matters and produce a written report on such inspection:
1.Compliance with the restrictions and conditions provided in Article 10 of the Act and the Regulations Governing Management of Protection Forests.
2.Conformity of such particulars as specified in the application form with the actual conditions.
3.Ground conditions: Including the rock mass, the depth of the top soil, the quality of the soil, and the gradient of the mountain.
4.Status of the forest: Including the area and the species, age, average height, diameter of the trees and the quantity of trees and timber volume per hectare.
5.Feasibility of the proposed reforestation (utilization) plan for the cutover forest.
The municipal/county (city) competent authority may entrust a forestry technologist, who is legally registered to practice, to handle the on-site inspections provided in the preceding paragraph.
If the result of the inspection is determined to be one of the following, a portion or the whole of the cutting and harvesting shall not be permitted:
1.Harvester is prohibited or restricted from cutting and harvesting by Article 10 of the Act and the Regulations Governing Management of Protection Forests, or other conditions that require prohibiting or restricting cutting and harvesting.
2.Harvester had not received approval from competent authority for the cutting and harvesting of forest products that belong to a national park, designated scenic area or as required by other laws and regulations.
Article 7
Where the subject cutting area of the public or private forest as designated in the application is adjacent to a state-owned forestry business area, a protection forest, a national park or a designated scenic area, the municipal/county (city) competent authority shall, before approving such application, conduct a second on-site inspection in conjunction with the managing administration of the state-owned forest, protection forest, the national park or the designated scenic area concerned and the applicant, and set up demarcation trees, boundary markers, or other markers around the cutting area and note the same in the relevant location map.
Article 8
The municipal/county (city) competent authority shall, when issuing the Permit for Cutting, Harvesting and Transporting Forest Products of a Public or Private Forest, distribute a copy of such permit and the cutting area location map to the local forestry managing administration, police agency and administration office of the hsiang (township) concerned respectively, and shall, on a monthly basis, prepare the statistics of the cutting/harvesting permits issued and submit the same to the central competent authority for reference purposes.
The Permit for Cutting, Harvesting and Transporting Forest Products of a Public or Private Forest in the preceding paragraph is as per Supplemental Form 1.
Article 9
No harvester shall engage in any of the following activities in the course of cutting and harvesting forest products of a public or private forest:
1.Destroying the soil or water conservation.
2.Damaging bamboos, trees or work products of another person.
3.Destroying or removing the demarcation trees, boundary markers, or other markers within the cutting and harvesting area;
4.Cutting bamboos or trees to be reserved which are designated or marked so by the government.
5.Theft, unauthorized cutting or mistaken cutting of forest products.
The municipal/county (city) competent authority shall revoke permits and act in accordance with relevant laws and regulations if the harvester meets any of the conditions stipulated in the subparagraphs of the preceding paragraph.
Article 10
The municipal/county (city) competent authority may dispatch personnel to conduct guidance and supervision from time to time during the validity term of the cutting and harvesting permit and the harvester shall not avoid, obstruct or refuse such guidance and supervision.
Article 11
The harvester of forest products of a public or private forest shall, at any time after discovering an absence of the investigation stamp, blocking wood inspection stamp, or the demarcation stamp, apply to the original agency issuing the cutting and harvesting permit for investigation and branding the relevant stamp mark subject to no breach of laws and regulations or contract.