This Decree Law represents the basic legal framework in matter of forestry. Since it was enacted in 1923, it must be coordinated with the Constitution, which entrusts particular legislative and administrative competences to the Regions in matter of forestry as well (art. 117). The Decree consists of seven Titles. Title I makes provision for the protection of the public interests. To this end, certain restrictions shall be applied to private lands, so as to guarantee the public safety and protect the water regime.

This Act provides for various matters relating to wildlife and forestry including: functions of the Minister for Arts, Heritage, Gaeltacht and the Islands, acquisition of land and rights, natural heritage areas, nature reserves and refuges, protection of flora, wild birds and wild animals, and regulation and control of wildlife dealing.

Chapter one of this Law contains definitions of terms therein employed, such as: forest, forest bushes, desert shrubs, forest cover and regions, range, planted rangeland, logs and saplings. Chapter two sets out rules for exploitation and protection of the above mentioned areas. Forestry Organization, established within the Ministry of Agriculture, shall supervise and issue permits for each applicant regarding exploitation of these areas. Licence shall be valid up to one year.

Note7: This note indicates that Ministry of Jihad-e-Agriculture shall issue permits for any exploitation of natural dense forests and rangelands. Priority, on the basis of technical guidelines, shall be granted to those individuals in possession of livestock grazing permits and those using Forests and Rangelands in each region. The Ministry of Jihad-e-Agriculture shall fix yearly the basic price for forests and rangeland derived products.

This Act regulates the definition, granting, transfer and registration of forestry rights in land, i.e.: (a) an interest in the land pursuant to which a person having the benefit of the interest is entitled to enter the land and do all or any of the following: (i) to establish, maintain, and harvest a crop of trees on the land; (ii) to maintain and harvest a crop of trees on the land; (iii) to construct and use such buildings, works and facilities as required for crop management; or (b) a carbon sequestration right in respect of the land; or (c) a combination of such rights, and provides fo

Part I, Management of forests and forested lands: provisions are made on social and community forestry in order to preserve, manage, maintain, rehabilitate forests and forested lands by maen of strategic planning, appointing Directors of Forestry to organize, supervise and implement the plans, encouraging investments in forestry industrial production.

All regional interventions aimed at soil conservation, protection of environmental balance and nature preservation shall be implemented in conformity with the general plan referred to in article 1 of Regional Act No. 36 of 16 August 1974. The plan shall be composed of basin plans corresponding to every single hydrographic unit of the regional territory.

The Regional Counsel for Agriculture and Forestry shall be in charge of the drafting of a general plan concerning the interventions to be undertaken in the field of soil conservation, protection of the environmental balance in forests as well as nature preservation. The Act describes the approval procedure, which involves Mountain Communities. Particular provisions deal with expropriation of lands to be included in the forest domain and hence subjected to the interventions envisaged in the plan.

The newly instituted Survey and Demarcation Division shall conduct the survey and definiton of boundaries of the so called reserved Forests of Bhutan and shall widely spread information about the forest areas included under this provision, in order to ascertain eventual claims of rights on forests and their products, land and water courses or grazing and pasture rights. The involved land shall be excluded from the reserved forest areas or expropriated or acquired.

The Governor may constitute Forest Reserves under section 4.A Notice in this respect shall be published in the Official Gazette. For each Reserve a Reserve Settlement Commissioner shall be appointed. Restrictions are placed on acquisition of rights during an interim period between publication and an Order constituting a Reserve under section 17. The Settlement Commission shall be considered a Court. The Commissioner may exclude land from a Reserve. Section 13 concerns compensation and section 14 concerns extinction of rights.

The is established the North New Georgia Timber Corporation the principal object of which shall be to promote the utilisation of the timber resources of North New Georgia for the public benefit. There shall be a Board of Directors of the Corporation. For purposes of this Act, all ownership of timber standing on customary lands within North New Georgia shall be transferred to the Corporation (sect. 4). Compensation for the acquisition of rights shall be effected in accordance with section 5. The Functions of the North New Georgia Timber Corporation are set out in section 6.

The amendments of the principal Act change the definition of “extract”, make provision for the creation of a Reserve Fund for purposes set out in section 6, and amend the Schedule relative to internal organization and other matters regarding the North New Georgia Timber Corporation. “Extract” now includes rights to quarry and to move and use sand, etc., and to take and use water, subject to the provisions of the Rivers Water Act.

Amends: North New Georgia Timber Corporation Act 1979 (No. 9 of 1979). (1979)