Act of the Slovak National Council No. 100 / 1977 Coll.
Law of the Slovak National Council on Forestry Management and Government Administration of Forestry
Valid
Effective from 01.01.1978
Contents
ČÁST PRVNÍ
Oddíl první
§ 1
Oddíl druhý
§ 2
§ 3
§ 4
§ 5
Oddíl třetí
§ 6
§ 7
Oddíl čtvrtý
§ 8
§ 9
Oddíl pátý
§ 10
§ 11
Oddíl šestý
§ 12
ČÁST DRUHÁ
§ 13
§ 14
§ 15
§ 16
ČÁST TŘETÍ
§ 17
§ 18
§ 19
ČÁST ČTVRTÁ
§ 20
§ 21
§ 22
§ 23
§ 24
ČÁST PÁTÁ
§ 25
§ 26
§ 27
§ 28
§ 29
ČÁST ŠESTÁ
§ 30
§ 31
§ 32
ČÁST SEDMÁ
§ 33
ČÁST OSMÁ
§ 34
ČÁST DEVÁTÁ
§ 35
§ 36
§ 37
§ 38
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100
THE LAW
Slovak National Council
of 20 December 1977
on forestry and forestry governance
The Slovak National Council decided on this law:
_
Preliminary provisions
All forests, regardless of size and administration (ownership, use) must be planned to be managed as a forest fund in such a way as to ensure the highest possible production of quality wood material, to ensure and improve other forest functions while maintaining the continuous effects of forests and to create conditions for the rationalisation of forestry. For these purposes, the economic adjustment of forests, which primarily results in forest economic plans, is used.
Forest economic treatment and forest economic plans
Mission and content of economic adjustment of forests and forestry plans
(1) The management of forests includes measures aimed at identifying the state of forests and the natural, social, technical and economic conditions of their management. In the context of the economic adjustment of forests, documentation shall be provided for the setting of long-term objectives, prospects and planned integrated forest management tasks in terms of increasing productivity, ensuring rational use and forest protection; the implementation of these objectives and the performance of tasks shall also be monitored.
(2) Forestry plans are the basis for the nation's economic planning1) and the instrument for the targeted management of forests to monitor the improvement of forest functions; establish, on the basis of the latest knowledge of science and technology, the objectives and tasks of forest management, in particular in terms of forest cultivation and conservation, environmental protection and production, logging and other forest functions.
(3) Forest economic plans include:
(a) binding indicators and economic data, the amount of wood extraction, determined as a percentage by age, and the tasks of restocking and rearing forests; in determining the level of the extractions, the achievement of continuous extended reproduction and the uniform age composition of forests shall be monitored;
(b) indicative indicators and data, which are in particular the economic shape of the forest, the form of the economic method, the location and the process of extraction, the process of conversion and transfer and the melioration of forest land;
(c) indicative indicators such as the nature, economic and technical characteristics of forest management.
(4) In determining the amount of wood extraction referred to in paragraph 3 (a), account shall also be taken in the economic forests of the distribution of wood stocks, incremental ratios and flow of production; the protective forests and the special destination forests shall take account of the forms of economic methods determined in relation to the predominant function of those forests.
Production and approval of forest economic plans
(1) The forest economic plans shall be drawn up by the Slovak Socialist Republic (hereinafter referred to as "the Ministry") in accordance with the guidelines of the Ministry of Forestry (hereinafter referred to as "the Ministry") for a period of usually ten years by organisations entrusted with the Ministry of Forestry or, where appropriate, by organisations entrusted with the Federal Ministry of National Defence (hereinafter referred to as "the Ministry"). These organisations are obliged to ensure that forest economic plans are consistent with the long-term outlook of the national economy, the perspective of the forestry sector and the protection and creation of the environment.
(2) Forestry plans shall be drawn up for forestry operators designated by the Ministry; These units shall be managed by professional forest managers whose qualifications are determined by the Ministry.
(3) Forestry plans are approved by the authorities of the state management of the forestry sector, which control their compliance and may, where justified, authorise their amendments.
(4) State forest management organisations managed by the Ministry or the Federal Ministry of National Defence and administrators, owners or users of the forest fund (hereinafter referred to as "forest users'), where the scope of forest management has been limited (Section 14), are required to keep an overview of the results of the management under forest economic plans.
Comprehensive forest economic plans
(1) The organisations responsible for the development of forest economic plans shall draw up the comprehensive forest economic plans of the Slovak Socialist Republic and, if the Ministry so provides, the summary forest economic plans of forest areas.
(2) Comprehensive forest economic plans are approved by the Ministry.
(3) State authorities, forest users and organisations which may influence their activities in the performance of forest functions shall, upon request, communicate to the Ministry or, where appropriate, to the organisations entrusted with it, the data necessary for the preparation and addition of comprehensive forest plans; The Ministry or, where appropriate, the organisations entrusted with it may, if necessary, examine these data themselves.
(1) The method of implementing the economic adjustment of forests, the production, approval and control of forest plans, the summary forest plans and their amendments, as well as the identification of the indicators and data of those plans, are laid down by the Ministry by a generally binding legislation.
(2) General rules on administrative procedures shall not apply to the procedure for the approval of forest plans and general forest plans and the authorisation of their amendments.
Differentiated forest management
Notification of forest conservation and forest specific destination
(1) Forests of protection and special purpose forests are declared by the Ministry on its own initiative or on a proposal from the public authorities. General rules on administrative procedures shall not apply to procedures for the declaration of forest conservation and forest specific destination.
(2) (3) the publication of forest conservation and forest specific destination, as well as the approval of forest economic plans for such forests of interest protected by specific regulations, shall be subject to consideration by the authority of the state administration of the forestry sector of such measures with the authorities concerned or, where specific rules so provide, to their consent; such consent may be subject to compliance with the conditions laid down in those provisions. The right of such authorities to take decisions on conditions of protection of the interests pursued by them under specific rules shall remain unaffected; where the decision concerns forests, they shall be issued by those authorities after consultation with the Ministry.
The economic shape of the forest and the economic method
(1) The basic economic shape of the forest in the economic forests is the high forest, ensuring the highest production of quality wood material as well as the fulfilment of other forest functions. In the woods of conservation and in the woods of special destination, the economic shape of the forest shall be determined taking account of their mission.
(2) In the economic forests, the predominant economic form is the low-surface form. The conservation forests shall determine the economic method taking into account natural conditions. In the special destination forests, the economic method shall be determined taking into account their specific mission, taking into account the production and other functions of the forests.
(3) The Ministry may lay down, in general, binding legislation, details of the economic shape of the forest and its forms.
Forest cultivation
Restoration and rearing of forest areas
(1) Forest users are required
(a) to restore forest crops in a timely and continuous manner so as to continuously increase their biological value;
(b) to raise forest crops consistently in order to improve their woodland composition, quality or growth, to increase resistance to harmful effects and to improve forest functions.
(2) Forests whose health status, growth or quality does not allow them to fulfil the functions of forests are obliged to convert forest users to suitable economic shape or to convert suitable woody compositions into forest crops before reaching their toll maturity.
(3) The size of the bare mower in mining under Article 10 (1) (a) must not exceed 3 hectares; in forest areas damaged, in pine forests on sandy soils, in forest areas of clover and willow and in case of transfers and conversion of forest areas, the size of the bare mower shall not exceed 5 hectares.
(4) Holins on forest land must be afforested within 2 years of their formation and forest crops secured on them within the next 5 years unless, in justified cases, the administration of the forestry sector provides for a longer period. General rules on administrative procedures shall not apply to the procedure for setting this longer deadline.
(5) When the forest is restored, another bare cleavage must not be assigned to areas with a young forest area unsecured throughout the area. It shall also not be reduced by intervention over the entire forest area under seven-tenths of full linkage if the lightening does not take place for the benefit of a young forest area corresponding to the planned forest representation.
Seed and forest seedlings
(1) State forest management organisations managed by the Ministry of National Defence or by the Federal Ministry of National Defence and users of forests where the scope of forest management has been limited (Section 14) are required to ensure a sufficient quantity of species and genetically suitable seed and seedlings needed for the restoration of forest soils and for the afforestation of land for this purpose. 4)
(2) The Ministry may provide for generally binding legislation which types of forest trees may be grown only from seeds, cuttings and seedlings from recognised forest crops and trees, and details of the establishment and renewal of forest crops.
Mining and transport of wood
Wood production
(1) Wood production is carried out
(a) in the education and restoration of forest areas to the extent and to the extent specified by forest economic plans (intentional logging);
(b) the exclusion of forest land from the forest land fund (exceptional mining);
(c) in the removal of the consequences of exceptional natural effects or other harmful activities (accidental mining).
(2) Forest users may only carry out the logging of timber referred to in paragraph 1 (a) to the extent and to the extent specified by forest economic plans; where there is a need to carry out the extraction referred to in paragraph 1 (c), they shall be required to ensure its preferential treatment.
Obligations for wood transport
(1) The transport and storage of timber must be carried out in such a way that damage is not caused to the minimum on its own and in the neighbouring forests, forest land, forest roads and harvested timber, or that the damage is limited to the minimum.
(2) When establishing and maintaining roads, bundles, approach lines and other facilities on the forest land fund, the forest user shall ensure that there is no erosion or contamination.
(3) The extraction of harvested wood shall be ensured in such a way that its quality is not jeopardised.
Forestry meliorations
(1) Forestry users are obliged to carry out forest-technical meliorations and other measures to improve the fertility of forest land and to improve forest functions.
(2) Forestry melodies are in particular biological, technical and water management measures to improve soil, water and climate conditions, to prevent erosion and soil contamination, to increase production and other forest functions and to ensure their protection.
(3) Forestry meliorations on forest land above the upper limit of tree vegetation are carried out by state forest management organisations managed by the Ministry or the Federal Ministry of National Defence.
TRAINING OF WOODS
Performance of forest management
(1) The professional management of forests is ensured by professional assistance and supervision of forest management which are not in the administration or use of state forest management organisations managed by the Ministry or the Federal Ministry of National Defence.
(2) The tasks of forest management are in particular:
(a) provide documentation for the development of forest economic plans;
(b) to draw up, in accordance with approved forest plans, annual forest production plans, timber supplies and determine measures to improve forest functions;
(c) to require the performance of forest production, the provision and improvement of forest functions and the protection of forests, as well as the performance of those tasks,
(d) provide seed and seedling for forest renewal;
(e) indicate the logging and purchase of timber;
(f) to instruct forest users to manage and protect forests;
(g) maintain forest economic records and forest performance reports;
(h) keep records of forest users in the professional administration.
(3) The professional management of forests is carried out by state forest management organisations managed by the Ministry, provided that the Ministry does not entrust it to another organisation or, where appropriate, to such management. General rules on administrative procedures shall not apply to procedures for entrustment and reserve of forest management.
(4) Socialist organisations may supply harvested timber directly to customers, provided that they agree to do so with a forest management organisation; other forest users in professional management may only supply harvested timber to organisations carrying out professional forest management.
(5) The tasks referred to in paragraph 2 (b) shall be communicated in writing to forest users by organisations carrying out forest management; if the forest user notifies within 15 days of the date of receipt of the written communication from the forestry authority that he does not agree with them, that authority shall determine the tasks by decision.
(6) Forest management organisations are required to report to the State Administration of Forestry on the performance of the tasks of forest management and to report to it the findings of infringements of the provisions of the Forest Act and this Act, as well as the rules and decisions issued on their basis.
Limitation of the scope of forest management
The Ministry may limit the scope of forest management for forest users who carry out forest tasks by their own professional forest managers pursuant to Article 3 (2). The general rules on administrative procedures shall not apply to procedures for limiting the scope of forest management.
Contributions for forest management
Forest users are obliged to pay contributions for the performance of forest management.
The Ministry shall adapt in more detail the tasks of forest management organisations and the manner in which they are implemented by the generally enacted legislation; it shall also determine the amount of contributions for the performance of such administration and other details of their payment.
ACCESS TO THE WOODS AND ADAPTATION OF CERTAIN ACTIVITIES IN THEM
Use of forests by citizens
(1) Everyone may enter forest land and forest areas, collect forest crops and cages; He is obliged to protect the forest, maintain the necessary caution in the forest and not disturb the forest environment.
(2 general rules on administrative procedures shall not apply to procedures for issuing and withdrawing such prohibitions and restrictions. The prohibitions on entry into, or declared under, forest land or other restrictions on the use of forests laid down in specific regulations (5) shall remain unaffected.
Use of forests by organisations under specific regulations
(1) In activities carried out in the forest under special regulations, (6) for which no authorisation is required under the Forest Act or this Act, organisations shall be required to notify the scope and purpose of such activities at least 15 days prior to the initiation of such activities by the administration of the forestry authority and forest users.
(2
Prohibition of certain activities in forests
(1) The following shall be prohibited in the forests:
(a) to build fire and to camp outside designated places and to smoke at an increased risk of fire formation;
(b) to enter and stand with motor vehicles;
(c) grazing livestock and allowing livestock to reach forest areas;
(d) start landfills, pollute forest waste and waste;
(e) to make landscaping, to build fences and to build sidewalks;
f) disturb peace and quiet,
(g) disturb the soil cover;
h) enter forest nurseries and fenced places;
(i) mine trees and shrubs.
(2) The prohibitions referred to in paragraph 1 (a), (b), (e) to (i) do not apply to activities carried out by forest users in the performance of their forest management and conservation tasks or where activities are authorised by specific provisions. 7)
(3) The State Administration of Forestry may, after the expression of forest users, authorise exemptions from the prohibitions referred to in paragraph 1. General rules on administrative procedures shall not apply to the exemption authorisation procedure.
FOREIGN PROTECTION
Obligations in the protection of forests and measures to prevent damage in forests
(1) State authorities, organisations and citizens are obliged to ensure forest protection in their activities. The protection of forests must be ensured primarily by preventing damage resulting from construction, operational, economic and cultural, recreational, sport and other activities.
(2) Forest users are required to:
(a) identify and register the occurrence of and the damage caused by such factors;
(b) to implement measures to prevent the development and spread of plant and animal pests, in particular, to remove, as a priority, logs, rivets, land and trees of the sick and damaged,
(c) implement preventive measures to protect forests from fires;
(d) to carry out restoration and rearing of forest areas in such a way that, while maintaining and improving production capacity and other forest functions, the potential effects of harmful factors are prevented and the resilience of forest areas to those factors;
(e) to create conditions for the prevention of damage, in particular by selecting an appropriate method of afforestation and woodwork, in order to establish forest areas on land for afforestation;
(f) to take immediate action, in the event of damage, to eliminate or mitigate any consequences thereof.
(3) If one of the plant or animal pests in excessive quantities is present in and around the forests or in the stores of wood, the state administration of the forestry sector may impose measures against the spread of such pests and to eradicate them, as well as organisations that store timber and other users of land around the forests.
(4) In order to take a decision on the location of the construction and use of the land (8) at a distance of up to 50 metres from the region of forest land, the approval of the State administration of the forestry sector is required. General administrative provisions shall not apply to the procedure for granting such consent.
(5) In operational, economic and other activities, the use of technological methods in and near forests which damage forest crops shall not be permitted; the public administration of the forestry sector may, on a case-by-case basis, lay down the conditions under which the technological method may be used in the forests and within a certain distance from the edge of the forest.
Measures in the event of exceptional circumstances and unforeseen damage
(1) In the event of exceptional circumstances and unforeseen damage to forests (wind and snow calamities, pest infestation, risk of forest fires in the dry season, etc.), forest users are required to take immediate action to avert them and eliminate the consequences of damage.
(2) The authority of the State Administration of Forestry may, for a transitional period, prohibit or otherwise regulate the use of forests in the cases referred to in Articles 17 (2), 18 (2), 19 (3) and 20 (3); it may also require forest users to implement the necessary measures to manage the emergency situation in the forests. The general rules on administrative procedures shall not apply to proceedings imposing such measures.
Protection against animal damage
(1) Forest users are bound to protect forest crops consistently against animal damage. Forest users and public authorities of forest management are required to ensure that the status and breeding of game in forest hunting is consistent with the principles of good forest management.
(2) Forest users and, where appropriate, forest management organisations are required to detect annually, and by 30 June at the latest, the amount of damage caused by game on forest land during the previous 12 months; In order to determine the damage, they are obliged to invite the user to the hunt.
(3) If the damage caused by game on forest areas cannot be reduced in a technically adequate and economically viable manner so as not to aggravate the state of forest areas, the forest user is obliged to:
(a) request, in accordance with specific regulations, 9) that a decision be taken to reduce the status of game in the chase;
(b) to monitor whether the user of the hunt has made a allowed or stored decrease in the animal condition;
(c) claim compensation under special regulations, 10)
(d) not to extend the validity of the contract for the exercise of hunting rights if the user of the hunt violates seriously or again obligations to reduce the damage caused by game on the forest.
Obligations and authorisations of staff of institutions and organisations in the protection of forests
State forest management organisations managed by the Ministry, which provide tasks for the development, management, operation and protection of forests, as well as for the professional management of forests, as well as for the civil management of forests under the Forest Act and this Act, are required to assist and ensure the security and improvement of forest protection. Such workers shall be entitled to wear a forest uniform with a national emblem and a service designation in the performance of their duties arising from the employment relationship. Details of forest uniforms shall be adapted by the Ministry.
Forest Guard
(1) State forest management organisations managed by the Ministry of National Defence or by the Federal Ministry of Defence and users of forests where the scope of forest management has been limited (§ 14) are required to ensure the proper performance of protective services in forests. The authorities of the State Administration of the Forestry shall establish and appeal on their proposal, on their own initiative or on the proposal of the Ministry of Forestry Guard; the general rules on administrative procedures shall not apply to proceedings concerning the provision and removal of forest guards. The forest guard shall perform his duties in all the forests of the designated area of competence, regardless of the ownership and exploitation of the forest.
(2) In the performance of his duties, a member of the forest guard shall be shown with a special pass. A forest guard is entitled
(a) establish the identity of persons who violate the provisions of the Act on Forests, of that Act and of the Regulations issued on their basis for the protection of forests;
(b) impose fines in block proceedings for offences on the forestry sector to the extent and under conditions laid down in specific regulations; 11)
(c) to present to the national security authority the person caught in the offence, offence or offence on the forestry sector, if necessary to establish its identity, to prevent escape or to provide evidence.
(3) If a member of the forest guard finds that damage has been caused by violation of forest protection regulations, he shall inform the forest user.
(4) A member of a forest guard shall be entitled to carry a weapon in the performance of his duties and to use that weapon only for:
(a) necessary defence to avert an attack against or imminent attack on the life of another person;
(b) the disposal of animals that endanger the life or health of persons;
(c) a warning shot in the air to avert large-scale damage that directly threatens the existence of forests, the safety of forest management operations or other important interests of society;
(d) a warning shot in the air at the escape of a person who is authorised by a forest guard pursuant to paragraph 2 to present to the national security authority.
(5) Prior to the use of the weapon, a member of the forest guard shall, if the circumstances permit, use more moderate means such as agreement, warning and warning.
(6) When using a weapon, a forest guard shall:
(a) maintain the necessary caution, in particular in order not to endanger the lives of other persons;
(b) to save as much as possible the life of the person against whom the intervention is directed;
(c) identify the direct consequences of the use of the weapon as soon as this can happen without endangering himself or any other person, and provide first aid to the injured person.
(7) A member of the forest guard shall immediately inform the National Security Corps authority of the use of the weapon against the person as well as the organisation (s) which proposed it to this function.
(8) The provisions of paragraphs 4 to 7 are without prejudice to specific provisions governing the carrying and use of arms. 12)
(9) The Ministry shall lay down, by means of a generally binding law, details of the setting and removal of forest guards, the determination of their respective areas of competence, the number of forest guards, their duties, their privileges, their identification documents and their promises; in agreement with the Federal Ministry of the Interior, lay down the conditions under which a forest guard member is entitled to carry a weapon and, where appropriate, further details.
AUTHORITIES OF THE STATE GOVERNMENT OF THE FOREIGN ECONOMY AND THEIR SCOPE
Authorities of forest management
State management of forestry under the Forestry Act and this Act, as well as the tasks laid down by the regulations issued thereunder, are carried out by the authorities of the Forestry Administration, which are:
(a) regional national committees, regional national committees and national committees equal to them;
(b) the Ministry as the central body of the state administration of forestry.
Regional National Committees
(1) The Regional National Committees shall decide:
(a) the declaration of land for forest land pursuant to Article 2 (2) of the Forest Act and Article 2 (3) of the Forest Act in doubt whether it is land belonging to the Forest Fund;
(b) imposing the measures necessary for the protection and rational use of forest land and forest areas pursuant to Article 4 (1) of the Forest Act;
Contents
ČÁST PRVNÍ
Oddíl první
§ 1
Oddíl druhý
§ 2
§ 3
§ 4
§ 5
Oddíl třetí
§ 6
§ 7
Oddíl čtvrtý
§ 8
§ 9
Oddíl pátý
§ 10
§ 11
Oddíl šestý
§ 12
ČÁST DRUHÁ
§ 13
§ 14
§ 15
§ 16
ČÁST TŘETÍ
§ 17
§ 18
§ 19
ČÁST ČTVRTÁ
§ 20
§ 21
§ 22
§ 23
§ 24
ČÁST PÁTÁ
§ 25
§ 26
§ 27
§ 28
§ 29
ČÁST ŠESTÁ
§ 30
§ 31
§ 32
ČÁST SEDMÁ
§ 33
ČÁST OSMÁ
§ 34
ČÁST DEVÁTÁ
§ 35
§ 36
§ 37
§ 38
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Regulation Information
| Citation | Act of the Slovak National Council No. 100 / 1977 Coll., on Forestry Management and State Administration of Forestry |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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