What is Act No. 166 / 1960 Coll.?

Act No. 166 / 1960 Coll., on Forests and Forestry (Forest Act) — Act on Forests and Forestry (Forest Act).

When it became Act No. 166 / 1960 Coll. effectiveness?

Act No. 166 / 1960 Coll. became effective 01.01.1961.

Is Act No. 166 / 1960 Coll. still valid?

Yes, Act No. 166 / 1960 Coll. is still valid and effective.

Act No. 166 / 1960 Coll. - Act on Forests and Forestry (Forest Act)

166

THE LAW

of 17 November 1960

on forests and forestry (forest law)

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

§ 1

Preliminary provisions

Forests are one of the greatest riches of our country and serve a versatile socialist society. They are a major and permanent source of wood, they balance and improve climate and water conditions, they are a source of health and refreshment and they preserve natural beauty. For this importance of forests, this wealth must be protected as a forest fund, constantly and planning to take care of and manage forests according to the principles of advanced biology, technology and economics, thereby contributing to the development of the national economy and to increasing the material and cultural level of workers.

Část prvá

Forest Fund

§ 2

(1) The forestry fund shall include:

(a) land the economic exploitation of which, in accordance with the principles of sound forest management, creates a main and permanent source of wood or serves other tasks to be carried out by the forestry sector, including its crops;

(b) land grown with copperboard;

(c) land not forested serving forestry (e.g. forest roads, forest warehouses).

(2) Land may be declared as part of the forest fund,

(a) which can be used most economically by afforestation;

(b) which by afforestation are intended to protect the soil, buildings and other technical equipment against the effects of water, wind, avalanche and landslides, to act on the levelling of climatic conditions, to provide spring areas and healing deposits, to create appropriate health conditions especially around large settlements, to contribute to the aesthetic landscape framework or to preserve the landscape, a rare flower or animal;

(c) which serve predominantly forestry,

(d) if it requires a different general interest.

(3) Construction and technical equipment on land used for the operation of forestry may also be declared as part of the forestry fund.

§ 3

The district national committee shall decide in doubt that it is part of the forestry fund under Paragraph 2 (1); It is also for him to declare the land, buildings and technical installations referred to in Article 2 (2) and (3) as part of the forestry fund.

§ 4

Enlargement of the forest fund

The local and urban national committees and forest management organisations identify land in municipalities which should be declared as part of the forestry fund (§ 2 (2)) and notify them to the district national committee.

§ 5

Leadership of forest fund overview

(1) Regional national committees, in cooperation with local and urban national committees, are required to keep a proper overview of the forestry fund within the framework of the single land register.

(2) The owners (users) of land forming part of a forest fund are obliged to report any change in ownership and in the person of the user of the district national committee without delay.

(3) The detailed provisions will be adapted by the implementing rules (Paragraph 55 (1)).

(4) The provisions on single land records are without prejudice to the provisions on the management of the forest fund inventory.

§ 6

Protection of the forestry fund against its removal from forestry

(1) All parts of the forestry fund must be used as efficiently as possible for the forestry economy and no part of it must be removed from the forestry fund unless it has been excluded from the forestry fund (Section 10).

(2) In order to ensure the protection of the forestry fund in a timely manner, the prospective construction plans and the territorial plans must already be aligned with the prospective forestry plans and the protection of the forestry fund.

(3) If forest land needs to be removed from the forest farm, care should be taken to ensure that:

(a) the smallest possible area is removed from the forest fund;

(b) the location of the construction was, where possible, in accordance with the interests of the forestry sector;

(c) after the completion of the construction work, a terrain treatment has been carried out without delay so that the forest land concerned is again eligible for forestry.

(4) When discussing investment tasks, but no later than when territorial decisions are taken, a decision must be taken to exclude land from the forestry fund. Decisions shall be taken jointly if the set-aside from the forestry fund has not been decided in advance. In deciding on the location of the above and underground lines, account must be taken in particular of making it least difficult to manage the forestry fund.

Protection of the forestry fund in the operation of industrial enterprises, in particular mining, and in the construction of roads and water works

§ 7

In order to prevent damage to the forestry fund by the operation of industrial, in particular mining undertakings, or to minimise damage, undertakings shall:

(a) at the same time as the mining generel, develop generels to cover the effects of mining on the surface and reclamation by the extraction of the forest land concerned;

(b) to store waste materials in harvested areas of own or neighbouring plants and, unless technically possible or economically justified, to store them on areas infertile or on soils which have been excluded from the forestry fund or, where appropriate, from the agricultural land fund for that purpose;

(c) make appropriate land-use adjustments during the course of operations by the operations concerned to meet the needs of their future economic exploitation;

(d) to carry out a continuous reclamation of damaged land intended for re-use in such a way as to create a soil environment that would allow the land to be reclamated for afforestation;

(e) upon cessation of operation, the completion of land-use modifications for the purpose of reclamation without delay and the plan to submit such modifications for approval to the district national committee.

§ 8

When building roads, railways, overhead and underground lines, water works and installations, an investor must take measures to ensure that the network of forestry meliorations and other forestry installations continues to fulfil its purpose.

§ 9

Protection of the forest fund in geological and hydrological exploration and in the construction of overhead and underground lines

In geological and hydrological surveys and in the construction of overhead and underground lines on parts of the forestry fund, operators of the following works shall be required:

(a) to inform the local (urban) national committee of the intended implementation of the work in a timely manner;

(b) carry out work in such a way that the least possible damage is done to parts of the forestry fund, in particular on forest areas;

(c) upon completion of the work, to put the land in its original state.

§ 10

Exemptions of forest fund components

(1) The regional national committees decide on the authorisation for forest land to be excluded from the forestry fund. The Regional National Committees may reserve a decision if they agree on more serious interference with the forestry fund, which substantially adversely affects the forestry economy, or if they agree on the exclusion of more significant areas of forest land.

(2) The national committee, which shall decide in accordance with paragraph 1, shall take account in particular of the political and economic justification for the exemption, the estimation of losses on the forestry sector resulting from such exclusion. where appropriate, require the applicant for exemption to submit a justification for the intended exemption and an estimate of the losses on the forestry holding.

(3) The national committee, which shall decide in accordance with paragraph 1, may require the exemption applicant to implement measures to protect the forestry fund and the forestry economy, in particular to carry out a cover of the cultural layer of land on his own account; while ensuring the economy and effectiveness of such measures.

Část druhá

Use of forest fund, rights and obligations of forest owner (user)

§ 11

Forest users are obliged to manage them in such a way that the fertility of forest land and timber production increases and that other forest functions are not threatened.

§ 12

(1) Everyone may use uninitiated forest paths, pavements and enter unopened forest areas; it may also collect forest crops, medicinal plants, dry waste cages, empty cones and waste bark. The Ministry of Agriculture, Forestry and Water Management can also adjust the use of other benefits provided by the forest.

(2) The owner or, where applicable, the forest user (hereinafter referred to as "forest user") may, with the agreement of the district national committee, declare parts of the forest fund, such as certain roads, pavements and places in the forest as being open, either in whole or in part, for a certain period of time or for a certain use.

§ 13

The quarrying of stone, sand, clay and peat on parts of the forest fund shall be governed by the relevant rules; However, if it is not about conquest to a small extent, the forest user or, where appropriate, the third party who has authorised such conquest must seek the approval of the District National Committee.

§ 14

In order to ensure the safety of persons and property from damage caused by landslides, falling stones, falling trees, avalanches, etc., the District National Committee may impose the necessary measures and determine who bears the costs associated with them. Where such measures are not in the interest of the forest user or are not brought about by the behaviour of the forest user, they may be imposed only on the forestry method and, where appropriate, may also be imposed on them to permit free of charge the implementation of the measures necessary to protect neighbouring land, buildings and other facilities on such land.

§ 15

(1) A forest user is entitled to use in the strictly necessary extent of foreign land for forest transport if it is not possible to access the land which is part of the forest fund either at all or only with such costs which would be disproportionate to the damage caused by such use. If this causes property damage to the owner (s) of the property and not to a minor extent, it shall be compensated.

(2) The forest user is obliged to discuss with the owner (user) of the land the conditions of forest transport. If no agreement is reached, the District National Committee shall decide on the manner, extent and duration of forest transport on foreign land and, where appropriate, the amount of compensation.

§ 16

(1) The sustainable use of forests managed by state socialist sector organisations requires them to be managed in integrated forest areas. The organisation will therefore discuss with forest land users which interfere with the forests managed by it and are not grouped in a single agricultural cooperative, measures to create a coherent forest part. If no agreement is reached, the Regional National Committee may order the organisation to design such forest land in accordance with the rules on agricultural production measures.

(2) If forest land is disturbed in the forests managed by the state socialist sector organisation and grouped in a single agricultural cooperative, this organisation shall discuss measures with the single agricultural cooperative to create a coherent forest part. If no agreement is reached, the District National Committee may, by decision, put such forest land into use by the organisation of the state socialist sector and, on the other hand, put other forest land into use by the organisation of the state socialist sector; while ensuring that the use is about the same.

(3) The use set up pursuant to paragraph 2 by a decision of the District National Committee shall entitle the user to use the forest land to the same extent as it would be for the owner; However, the user cannot load or dispose of the land. In particular, the user is entitled to change the nature of the property and to draw from it and to carry out construction on it.

Část třetí

Forest management, forest management, forest management

§ 17

State forest management is carried out by the Ministry of Agriculture, Forestry and Water as a central body of state forest care and regional and regional national committees. Their role is to take care of the forestry fund, to preserve and enhance forests and to develop forestry as well as to supervise forest management and to supervise forest management. The Regional and Regional National Committees also monitor and control timber management.

§ 18

(1) Forestry national property, unless it is in the management of organisations in the field of the Ministry of National Defence, is managed by forest management organisations established by the Minister for Agriculture, Forestry and Water. Exemptions from this provision may be authorised by the Ministry of Agriculture, Forestry and Water.

(2) The legal situation, organisation, activity, management and management of forest management organisations shall be regulated by the Minister for Agriculture, Forestry and Water according to principles approved by the Government.

§ 19

(1) Good management in forests which are not managed by forest management organisations within the field of competence of the Ministry of Agriculture, Forestry and Water and the Ministry of National Defence is provided by the professional management of forests.

(2) The tasks of forest management include in particular:

(a) ensure that forest plans are drawn up and restored and, where appropriate, forest inventories;

(b) to ensure that the forest under professional management is managed in accordance with approved forest plans;

(c) to draw up supporting documents for forward-looking plans for forests under forest management and to draw up annual production plans (mining, afforestation, etc.),

(d) to mark the logging and organise forest work (afforestation, culture treatment, pruning, mining, handling, etc.),

(e) ensure that forest users under professional management carry out all measures necessary to maintain and improve the fertility of forest land, the capacity of forests to retain water, as well as for proper and timely restoration and rearing of forest crops.

§ 20

(1) Forest management is carried out by forest management organisations within the field of competence of the Ministry of Agriculture, Forestry and Water (Section 18). However, the Ministry of Agriculture, Forestry and Water may, on a case-by-case basis, entrust the performance of forest management to a whole or part of another organisation, limit the scope of forest management and, where appropriate, reserve its implementation.

(2) A forest management organisation may require a forest user to implement the measures necessary to ensure proper forest management.

(3) If the forest user has not carried out the necessary measures (paragraph 2), the district national committee may impose on it the implementation of the forest management organisation's proposal or, where appropriate, carry it out on its cargo.

(4) The cost of measures serving the forest economy in the forests by several users will be paid by these users according to the extent to which they benefit from the measure.

§ 21

The Ministry of Agriculture, Forestry and Water may, in agreement with the participating central authorities, provide that forest users are required to pay annual contributions to the costs associated with forest management, determine their amount and adjust the way in which such contributions are collected.

§ 22

If the forest user does not ensure compliance with the obligations laid down in this Act or the regulations issued for its implementation, the district national committee may order the forest to an organisation carrying out the professional management of forests to be used in accordance with the rules on measures to ensure agricultural production.

Část čtvrtá

Forest economic treatment

§ 23

(1) The economic treatment of forests consists of:

(a) in the long-term planning of the development of the forestry sector, in such a way as to achieve its purpose as perfect and economically as possible, consisting of ever increasing production of quality wood material and fulfilling all other useful forest functions for society;

(b) providing basic data and guidelines for operational planning and forest management;

(c) establishing consistency between forest planning and national development plans for the national economy;

(d) in the routine monitoring of the development of forest status and the impact of the tasks assigned to forest functions and in the consequences for further planning and management.

(2) The resulting elements of the economic treatment of forests are forest economic plans in which the results of the special surveys must be evaluated and applied.

Forest economic plans

§ 24

(1) Forestry plans are drawn up for a 10-year period for all forests within forest economic units which are formed regardless of ownership, taking into account production and other economic conditions.

(2) Forestry plans contain an overview of the natural and economic circumstances, the purpose and direction of economic activity in the forests, in particular in terms of their cultivation and protection, logging and transport, hunting and other forest uses, as well as data on the areas protected under the conservation rules.

(3) The economic measures provided for in the forestry plans must, in particular, monitor the permanent increase in production and the improvement of other forest functions when determining extractions.

(4) Only wood extraction, corresponding to forest and forestry status, provided for by approved forest management plans, is allowed in forest economic units. In order to determine the level of extractions, incremental ratios as well as the level and distribution of wood stocks are decisive.

(5) Where a State plan for the development of the national economy, exceptionally and for a transitional period, provides for an increase in the extraction provided for in paragraph 4, such changes in the forest economic plans shall be expressed by drawing up economic measures for the nearest economic period.

§ 25

Proposals for the creation of forestry units, forest plans and other works of forest economic treatment shall be drawn up by forest economic adjustment organisations established by the Minister for Agriculture, Forestry and Water. The legal situation, organisation, activity, management and management of these organisations shall be regulated by the Minister for Agriculture, Forestry and Water according to the principles approved by the Government.

§ 26

The proposals for the creation of forestry units are approved by the Regional National Committees, which also approve and control the implementation of forest economic plans and other works of forest economic adjustment.

§ 27

Forest users are obliged to manage according to approved forest management plans and to keep an overview of the results of the forest management plans.

Část pátá

Breakdown, formation and cultivation of forests

§ 28

According to its main mission, forests are divided into economic (yield) forests and forests of particular importance or destination ("special purpose forests').

§ 29

The main purpose of the farm forests is to produce timber; However, they must also be managed in such a way as not to interfere with other forest functions, in particular its beneficial effects on landscape water regime.

§ 30

The forest must be managed in such a way that the forest can perform its special mission in particular. A special method of management in special purpose forests is laid down in forest economic plans. The Ministry of Agriculture, Forestry and Water and, in the cases provided for in the Implementing Regulation, the Regional National Committees and, where appropriate, the Regional National Committees may declare that they are:

(a) forests in areas of water management of State importance;

(b) forests in the immediate vicinity of water sources, drinking water tanks and water works;

(c) forests in protection zones for natural medical resources;

(d) experimental forests of research institutes of forestry and forestry schools;

(e) recognised branches and pheasants,

(f) mountain-based forests on the crossing between mountain-based conservation and yield forests, if special reasons so require (conservation, etc.);

(g) spa and recreational forests, forests around treatment facilities and green belts around settlements,

(h) forests in particularly unfavourable habitats;

(ch) protective forest belts,

(i) protective forests above the growing limit of economic timber (cosodrin zone);

(j) protective forests below the growing limit of economic timber;

(k) avalanche protection forests;

(l) forests where the interests of nature protection, cultural monuments and other important general interest so require.

Forest seed and nurseries

§ 31

(1) Quality seeds, cuttings and seedlings of suitable local origin or from areas with similar habitat conditions shall be used for the establishment and restoration of forest areas.

(2) The Ministry of Agriculture, Forestry and Water may determine which trees may be grown from forest seeds, cuttings and seedlings, obtained only from forest parts recognised by the District National Committee.

§ 32

(1) A forest user is obliged to cover the need for forest wood seed for the purposes of his forest management to the extent appropriate to his planned tasks, provided that he can obtain seeds by collecting from his own recognised forest parts or from trees growing outside the forest.

(2) Otherwise, the harvesting of seeds for forestry is reserved for the organisations entrusted with the Ministry of Agriculture, Forestry and Water. For the harvesting of seeds carried out by these organisations, the forest user or the owner (s) of the timber growing outside the forest shall not be compensated. The cultivation, purchase and supply of forest seeds are also reserved for organisations entrusted with the Ministry of Agriculture, Forestry and Water.

(3) The collection of seeds from forest trees for non-forestry needs is permitted to the extent and under conditions laid down by the Ministry of Agriculture, Forestry and Water.

§ 33

(1) Forest users over 200 hectares are obliged to set up and maintain forest nurseries and grow seedlings in the necessary quantities, species and quality to ensure the planned tasks.

(2) In order to establish special (so-called main) nurseries, to multiply tree willows and poplars, as well as seed plantations of forest trees, the authorisation of the Ministry of Agriculture, Forestry and Water Management is required.

§ 34

Only organisations authorised by the Ministry of Agriculture, Forestry and Water shall be entitled to purchase and supply forest seedlings for forestry.

Cultivation interventions

§ 35

The basic economic shape of the forest is the high-tribal forest. The combined forests and the nurseries must be gradually converted into high-density forests, except for the exemptions provided for in the forestry plan.

§ 36

The basic economic way in the forests is the form of small-area grazing (undergrowth) with restoration of natural, artificial or mixed. In appropriate biological, technical and economic conditions, a selective farming method may be introduced gradually.

§ 37

(1) Wood mining is one of the educational and restoration means; The following types of mining are therefore not permitted unless a derogation is granted:

(a) bare whiting wider than the average height and longer than 10 times the average height of the harvested crop;

(b) the association of bare mows to forest areas with a whole surface area unsecured;

(c) a reduction in crop rotation below 0,7 per surface area if the lighting is not performed for the benefit of a secured nation corresponding to the crop target.

(2) Exemptions from the provisions of paragraph 1 may be authorised by the Regional National Committee, unless the Regional National Committee has made a decision on them.

§ 38

Restoration of forest areas

(1) Forestry must be continuously restored according to forest economic plans.

(2) If there is a holin on the forest, it must be started to afforestation within one year of its formation. All the holes must be wooded and the crops secured on them within 5 years of their formation.

(3) Exemptions from the provisions of paragraph 2 may be authorised by the Regional National Committee in special cases.

§ 39

Treatment and rearing of forest crops

Forestry must be permanently and continuously treated and nurtured in such a way as to improve its quality and composition, increase its growth rate, improve soil and climatic conditions and increase forest resistance to pests and other harmful effects.

§ 40

Transformations and transfers of forest crops

(1) Forestry which does not meet the requirements of forest production or whose composition results in significant deterioration of soil conditions must be converted or transformed into appropriate compositions prior to reaching tolling maturity.

(2) Appropriate meliorisation measures should be carried out in forest areas showing extremely low growth, as well as significant depletion or soil disease.

§ 41

Forestry of land for afforestation

(1) The procedure and extent of afforestation of land for afforestation are laid down in a state plan for the development of the national economy.

(2) The land intended for afforestation must be managed in such a way as to create suitable conditions for future afforestation before afforestation.

§ 42

Forestry meliorations

(1) The aim of forestry meliorations is to prevent, improve, prevent and eliminate the harmful effects of water and wind erosion by biological and building measures to deteriorate water, soil and climate conditions.

(2) In particular, forestry organisations are responsible for:

(a) the levying of byproducts and forestry melioration in the water catchment area;

(b) the provision of landslides and landslides, including measures to prevent avalanche and afforestation, in order to protect the soil from landslide;

(c) the establishment and care of forest protection belts;

(d) the management and supervision of forestry facilities.

(3) Owners (users) of coastal land are obliged to suffer that, without any claim for compensation, their land should be used to the extent necessary to carry out and maintain forestry and forestry meliorations, burial structures on flows and other forestry measures carried out in the river basin.

(4) In agreement with the central authorities involved, the Ministry of Agriculture, Forestry and Water may provide for an obligation on the owners (users) of the land to contribute to the implementation and maintenance of forest-technical meliorations, to the extent that they benefit from such facilities.

Citation	Act No. 166 / 1960 Coll., on Forests and Forestry (Forest Act)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	28.11.1960
Effective from	01.01.1961
Effective until	-
Status	Valid

Act No. 166 / 1960 Coll.

Act on Forests and Forestry (Forest Act)

Contents

§ 1