Regulations of Shanxi Province on the Protection of Permanent Public Welfare Forests

Chapter I General Provisions Article 1 In order to protect the permanent ecological public welfare forest, improve the ecological environment and promote the sustainable development of economy and society, these Regulations are formulated in accordance with the provisions of the Forest Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province. Article 2 The term "permanent ecological public welfare forest" as mentioned in these Regulations refers to an important ecological location or fragile ecological situation that plays a particularly important role in national ecological security, human survival, biodiversity protection and sustainable economic and social development. In order to give full play to the function of forest ecological service, key shelterbelts and special-purpose forests that need long-term protection are demarcated according to law.

The permanent ecological public welfare forest consists of national public welfare forest and provincial public welfare forest. Article 3 These Regulations shall apply to the planning and demarcation, protection and compensation, cultivation and utilization, supervision and management of permanent ecological public welfare forests within the administrative area of this province. Article 4 The protection of permanent ecological public welfare forests shall follow the principles of government leading, unified management and strict protection. Fifth permanent ecological public welfare forest protection work by the people's governments at or above the county level unified organization and implementation.

The people's governments at or above the county level shall incorporate the protection of permanent ecological public welfare forests into the national economic and social development plan and coordinate major issues in the protection of permanent ecological public welfare forests. The competent forestry department of the sixth provincial people's government is responsible for the planning, management and supervision of the protection of permanent ecological public welfare forests in the province.

The management institution of permanent ecological public welfare forest under the competent forestry department of the provincial people's government and the competent forestry department of the municipal people's government with districts is responsible for the specific work such as business guidance, supervision and management of the protection of permanent ecological public welfare forest within its jurisdiction.

The competent forestry department of the people's government at the county level and the state-owned forest management institutions of the provinces and cities with districts are responsible for the protection, cultivation and utilization of permanent ecological public welfare forests within their respective jurisdictions.

Other relevant departments of the people's governments at or above the county level shall be responsible for the protection of permanent ecological public welfare forests in accordance with their respective responsibilities. Seventh no unit or individual may destroy the permanent ecological public welfare forest, and have the right to report and stop the illegal acts of destroying the permanent ecological public welfare forest. Eighth people's governments at or above the county level shall commend the units or individuals that have made remarkable achievements in the protection of permanent ecological public welfare forests. Chapter II Planning and Delineation Article 9 The provincial people's government shall determine the scale and layout of permanent ecological public welfare forests according to the needs of ecological construction and economic and social development.

The competent forestry department of the provincial people's government shall, according to the scale and layout of the permanent ecological public welfare forest, prepare the overall plan for the protection of the permanent ecological public welfare forest in the province, and report it to the provincial people's government for approval before promulgation and implementation. Tenth permanent ecological public welfare forests shall be designated in the following forest areas in order, and shall not overlap:

(a) Fenhe River, Sanggan River, Hutuo River, Zhangzhuo River, Qinhe River and its river source with a basin area of 1000 square kilometers or more, as well as forest land on both sides outside the scope of river management;

(two) forest land around medium-sized reservoirs and major karst spring key protection areas;

(three) concentrated contiguous forest land in areas with serious desertification, desertification and soil erosion;

(4) Forest, wetland and terrestrial wildlife nature reserves at or above the provincial level, as well as woodlands listed in the scope of world heritage protection;

(5) Forest parks, wetland parks and woodlands in desert park at or above the provincial level;

(six) ecological public welfare forest land within the state-owned forest farms of provinces, districts, cities and counties;

(seven) other concentrated contiguous natural forest land. Article 11 The delineation of permanent ecological public welfare forests shall be based on the overall plan for the protection of permanent ecological public welfare forests in the province, adhere to the principles of ecological priority, unified planning, state-owned priority and centralized contiguous, and be connected with other relevant plans such as the overall plan for land use. Article 12 If the collectively owned forests, trees and woodlands, and trees and woodlands used by individuals are planned to be classified as permanent ecological public welfare forests within the range of woodlands specified in Article 10 of these Regulations, the legitimate interests of forest right holders shall be protected according to law on the premise of adhering to ecological priority, and after the consent of forest right holders, the competent forestry department of the people's government at the county level shall sign an agreement with them, which shall include such contents as operation, management and income distribution. Article 13 The people's governments of cities and counties divided into districts and the state-owned forest management institutions directly under the province shall, in accordance with the technical regulations on the division of national public welfare forests and provincial public welfare forests, put forward opinions on the division of permanent ecological public welfare forests and submit them to the competent forestry department of the provincial people's government for approval. Fourteenth permanent ecological public welfare forests demarcated according to law shall be announced by the people's governments at or above the county level. Chapter III Protection and Compensation Article 15 People's governments at or above the county level shall set up boundary markers and signs for permanent ecological public welfare forests demarcated according to law, strictly control their use, and maintain long-term stability in the region. Article 16 The competent forestry department of the people's government at the county level and the state-owned forest management institutions of the cities directly under the provincial level and divided into districts shall, according to the overall planning and approved protection planning of the province, prepare an implementation plan for the protection of permanent ecological public welfare forests, and submit it to the competent forestry department of the provincial people's government for approval before implementation.

The approved implementation plan for permanent ecological public welfare forest protection shall not be changed by any unit or individual without authorization. If it is really necessary to change, it shall be approved by the original approval authority. Seventeenth any unit or individual shall not change the use of permanent ecological public welfare forest or occupy the permanent ecological public welfare forest; Except in the following cases:

(a) national key construction projects and provincial key infrastructure construction projects can not be avoided, it is really necessary to occupy permanent ecological public welfare forest land, it should be in accordance with the relevant laws and regulations for the use of forest land procedures;

(two) in line with the provincial nature reserves, forest parks, wetland parks, desert park overall planning of construction projects and the protection of permanent ecological public welfare forest engineering facilities, in accordance with the provisions of relevant laws and regulations for forest land use procedures;

(three) if other laws and regulations really need to occupy permanent ecological public welfare forest land, the procedures for the use of forest land shall be handled according to law.