What is Timber Management?
In order to protect and rationally use forest resources and strengthen timber management and management, these Measures have been formulated in accordance with the Forest Law of the People's Republic of China and relevant laws and regulations, taking into account the actual conditions of the province.
Guizhou Province Timber Management Regulations
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- In order to protect and rationally use forest resources and strengthen timber management, according to the Forest Law of the People's Republic of China and relevant laws,
- First
- Article 2 Units and individuals engaged in timber management within the administrative region of this province shall abide by these Measures.
- Article 3 The term "timber management" as mentioned in these Measures includes activities in timber processing and transportation.
- The term "timber" in these measures refers to logs, sawn timber, bamboo, wood chips, tree shrews, charcoal, and living trees with a DBH of 5 cm or more.
- Article 4 The forestry administrative department of the people's government at or above the county level is responsible for the management and supervision of timber management within its administrative area.
- Other relevant administrative departments of the people's governments at or above the county level shall do a good job in the supervision and management of timber operations in accordance with their respective duties.
- Article 5 Units and individuals engaged in the operation and processing of timber shall submit an application to the forestry administrative department of the people's government at or above the county level to obtain a timber processing and processing permit. Villagers use wood from legal sources to process a small amount of farm tools, furniture, and build houses.
- The timber operation and processing license shall be uniformly printed by the forestry administrative department of the Provincial People's Government.
- Article 6 Units and individuals applying for a wood processing license shall have sites and equipment appropriate to the scale of their business and processing, and personnel capable of correctly identifying and inspecting wood.
- Article 7 The forestry administrative department of the people's government at or above the county level shall conduct an examination within 20 days from the date of receipt of the application; if it meets the requirements and meets the local timber business processing and planning layout, a timber business processing license shall be issued; If yes, make a written decision not to grant administrative permission and explain the reasons, and inform the applicant that it has the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.
- Article 8 Villagers who need to enter the market for logging sporadic forests owned by individuals and behind their houses and in front of houses should obtain certificates issued by township (town) forestry stations or villagers' committees.
- The industrial and commercial administrative department and the forestry administrative department shall supervise and manage the timber trading market.
- Article 9 No unit or individual may deal in the processing of timber without legal certificates.
- Article 10 Units and individuals who transport timber shall apply for the timber transport certificate to the forestry administrative department of the people's government at or above the county level to provide the following materials:
- (1) Forest logging permits or other documents that prove the legal origin of the timber;
- (2) Plant quarantine certificate;
- (3) a wood check size list or a wood transport list;
- (4) Wood business processing license;
- (5) receipts of forestry fees and tax-paid bills;
- (6) Other certificates required by laws and regulations.
- Article 11 The forestry administrative department of the people's government at or above the county level shall conduct an examination within 3 days from the date of receipt of the application materials, and issue a timber transport certificate to those who meet the requirements; Decide and explain the reason, and inform the applicant of the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
- Article 12 Units and individuals who transport timber shall hold timber transport permits. Units and individuals that carry timber shall check the timber transport certificate.
- Units and individuals transporting state-level or second-level protected tree species of wood shall hold a timber transport certificate stamped with the special seal for rare tree species by the forestry administrative department of the Provincial People's Government.
- Article 13 Forestry administrative law enforcement personnel may enter freight stations, wharfs, timber processing sites, and vehicles and ships to implement supervision and inspection of the following matters, but they shall produce administrative law enforcement certificates and Guizhou timber inspection certificates:
- (1) Whether the timber for transport is in the possession of a timber transport certificate and whether the certificates are consistent;
- (2) Whether the processed timber holds a timber business processing license;
- (3) Whether the source of the processed timber is legal.
- Article 14 Any unit or individual who transports timber, which causes the timber transport license to expire due to special reasons during transport, shall hold the original timber transport license within 5 days after the expiry, and go to the nearest forestry administrative department of the people's government at or above the county level for effective timber transportation certificate. If it is not exchanged within 5 days after the expiry date, it shall be handled as unlicensed timber.
- Article 15 If the wood seized by the forestry administrative department of the people's government at or above the county level is indeed illegal after verification, the storage, loading, and other expenses incurred during the seizure shall be borne by the owner and the carrier; due to the fault of the forestry administrative law enforcement personnel Any loss caused shall be borne by the unit where the forestry administrative law enforcement officer is located.
- Article 16 Whoever leaks or defaults on the afforestation fund shall be ordered by the forestry administrative department of the people's government at or above the county level to make additional payments within a time limit, and may be fined 1 to 2 times the amount, but the maximum shall not exceed 30,000 yuan.
- Article 17 In case of violation of the provisions of these Measures, if there are provisions in laws and regulations, those provisions shall prevail.
- Article 18 If the staff of the forestry administrative department of the people's government at or above the county level or staff of other state organs violates the provisions of these Measures, abuses their powers, neglects their duties, or engages in malpractices for personal gains, and does not constitute a crime, administrative sanctions shall be imposed according to law.
- Article 19 These Measures shall be implemented as of October 1, 2006. The Guizhou Provincial Government's Timber Circulation Management Measures amended and approved at the Executive Meeting of the Guizhou Provincial People's Government on December 16, 1997 was abolished at the same time.
- 7. Delete Article 5 of the "Administrative Measures for the Management of Timber in Guizhou Province".
- Article 6 is changed to Article 5 and amended to read: "Units and individuals engaged in the processing and processing of timber shall have places and equipment appropriate to the scale of their processing and processing."
- Delete Article 7.
- Article 9 is changed to Article 7 and amended as: "No unit or individual may deal in timber without a forestry logging permit or other legal source certification."
- Article 10 was changed to Article 8 and was amended to read as follows: "Units and individuals who transport timber shall, when applying for a timber transport certificate, provide the following materials to the forestry administrative department of the people's government at or above the county level:
- "(1) a forest harvesting permit or other document that proves the legal origin of the timber;
- "(2) Phytosanitary certificates;
- "(3) Other documents required by laws and regulations."
- Article 12 was changed to Article 10 and paragraph 2 was deleted.
- Article 13 is changed to Article 11 and amended to read as follows: "Forestry administrative law enforcement personnel may enter freight stations, wharves, timber business and processing sites, and vehicles and ships, and implement supervision and inspection of the following matters, but they shall produce administrative law enforcement certificates:
- "(1) Whether the timber for transport is in the possession of a timber transport certificate and whether the certificates are consistent;
- "(2) Whether the source of the processed timber is legal." [1]