This is a comprehensive statute of forest management aiming to extend forests by reforestation, to produce good quality and competitive forest products; to contribute to soil conservation, water management and other useful purposes; to integrate hunting and wildlife management with the national economy. The Law differentiates between forests (for timber extraction, research purposes, protection forests and recreational forests, protected forests and for wildlife management purposes) and other woodlands whose surface area is less than half a hectare. The latter are destined for protection or agro-forestry purposes. Detailed provisions regarding forest redistribution, subdivision, administration and use are contained in section III. State-owned forests may be administered by State forestry organizations, by ministries or national authorities (provided this is done for specific purposes) or by municipal bodies if the forest does not serve prevalently felling purposes. Agricultural and fishing production cooperatives, specialized agricultural cooperatives and their associations, as proprietors or users, may carry out their activities in forests. Forest owners' associations are established by this Law as proprietors of their forests and as legal persons. Forest management shall be performed within the framework of State forestry structures. The creation of contiguous woodlands suitable for large-scale forestry is encouraged. New administrators (users) may be nominated directly. To avoid one proprietor having several small pieces of woodland in different areas, voluntary exchange between owners os provided for. If direct nomination or voluntary exchange is not possible, forest redistribution between administrators (users) or owners should be organized. Redistribution procedures are elaborated by municipal commissions and carried out by county land offices and the process is directed and supervised by the Minister. Changes occurring during redistribution should be registered in the land register. Protection forests and protected forests may not be exploited by production cooperatives. Forest owners' associations are supervised directly by county level special administrative organs. Members are entitled to proportional shares in profits. By-laws of such associations shall conform with requisites of the Ministry. Changes in crops cultivated and in users, as well as the subdivision of forests require authorization. Activities which can be performed by administrators (users) are listed in article 10 of the Law. Basic principles of forestry are set forth in section IV. These are: species suitable for the habitat of the area in question should be planted; clear-felling is allowed only in flat and slightly hilly land so as to avoid soil erosion; protection forests are those forests having special purposes such as soil conservation, water management, health care, military purposes etc. General rules of forestry and special provisions regarding protection forests are provided in this section. A ten-year forestry plan should be prepared by each forestry organization by an expert and authorized by the Minister. Annual plans are also to be prepared by administrators (users). Provisions relating to State forestry management and forest works are set forth in section V. State forestry authorities manage the forests of forest owners' associations within the framework of State forestry organization. The number of professional staff to be employed is determined on the basis of the size of the forest. Detailed rules of afforestation and tree planting are provided for in Section VI, with special regard to afforestation and tree planting for public interest. Section VII lays down provisions for the safeguard and protection of forests and other smaller woodlands. Safeguarding is the duty of the administrator (user) and he has to mark out clearly the boundaries. There are special provisions regarding forestry officers and forest guards, damages caused to woodlands, interference with proper use of forests, traffic on forest roads, protection against forest fires and sylvo-pastoralism (prohibited in protection forests). Section VIII deals with the transport of forest products and processing of timber. Sawing and panel industry are regulated in details in special provisions of law. Section IX, in particular, provides for wildlife management and hunting. The State has exclusive hunting rights over the entire national territory. Hunting rights can be given in concession or surrendered to individual hunters' associations or to the national federation of hunters' associations. These organs which are entitled to hunt can not convey hunting rights to others but can stipulate hunting contracts. They are obliged to safeguard hunting grounds and game stock. Damages caused by wild animals and indemnities are regulated in this section as well. Forestry management is regulated in Section X. The Ministry keeps a register of forests and other woodlands. Technical development is provided for in section XI. It includes yield increase and utilization of advanced working methods and procedures. Dissolution of forest owners' association is regulated in Section XII.
Repealed by: Law No. LIV of 1996 on forests and their protection. (1997-12-09)
Repealed by: Law No. LV. of 1996 on the protection, management and hunting of wildlife. (2015-04-27)
Repealed by: Decree No. 29 of 1997 of the Ministry of Agriculture on forests and their protection. (2002-01-15)
Proveedor de datos
The FAO Legal Office provides in-house counsel in accordance with the Basic Texts of the Organization, gives legal advisory services to FAO members, assists in the formulation of