China intends to amend forest law to promote sustainable use and development of forest resources
The eleventh meeting of the Standing Committee of the 13th National People's Congress first reviewed the revised draft of the Forest Law on the 25th. It intends to adopt legislation to regulate and promote the sustainable use and development of forest resources, maintain forest ecological security, and promote the development of forest ecological civilization and modern forestry.
It is reported that the current situation, tasks and functional orientation of forestry have undergone fundamental changes. It is urgent to make corresponding amendments to the current forest law and provide legal protection for forestry reform and development.
Wang Xiankui, deputy director of the NPC Agriculture and Rural Committee, explained at the meeting that the draft added a chapter on “forest tenure”. In view of the reality of China’s forest tenure, it is clear that the State Council exercises state ownership of state-owned forest resources on behalf of the state. The relevant departments exercise or the relevant departments entrust the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to act as the owners; the collectively owned and state-owned forest land collectively used by the peasants shall be contracted and operated according to law, and the contractor shall enjoy the forestry contractual management rights and the forest ownership on the contracted forest land. The contractually agreed forest land and forest trees on the forest land shall be uniformly operated by the rural collective economic organization. The state encourages, supports and guides forestry management entities of multiple ownerships to develop various forms of forestry industries on state-owned or collectively forested land acquired according to law, and protects the legitimate rights and interests enjoyed by non-public ownership forestry management entities.
In order to strengthen the protection of forest land, the draft clarifies the concept of forest land, sets the system for controlling the total amount of forest land occupied, and stipulates that the forest land occupied by various construction projects shall not exceed the total amount control index within the administrative region to ensure that the forest land area is not reduced. It also improved the forestry land review and approval system and raised the temporary use of forest land system as stipulated in the Forest Law Implementation Regulations into law.
In addition, the draft will also divide the forest into public welfare forests and commercial forests according to the different forest ecological locations and dominant functions in practice. The mature and feasible experience of adopting differentiated policy management measures will be raised into legal norms, which stipulates the delineation of public welfare forests. The standards, the delineation of the main body and the requirements for the use of public welfare forests.
Wang Xiankui said that with the transformation of forest management concepts and management methods, there are two different opinions on whether to retain the cutting quota and the logging permit system. In accordance with the spirit of the “distribution service” reform, the draft improved the forest harvesting quota and the logging permit system, appropriately decentralized the examination and approval authority, narrowed the scope of the permit, adhered to the effective management of forest resources, and helped to fully protect the individual and non-public ownership forestry management entities. Legal rights.