Decree of the Ministry of Agriculture, Forestry and Water Management No. 17 / 1961 Coll.

Q: Is Decree of the Ministry of Agriculture, Forestry and Water Management No. 17 / 1961 Coll. still valid?

Yes, Decree of the Ministry of Agriculture, Forestry and Water Management No. 17 / 1961 Coll. is still valid and effective.

17

DECLARATION

Ministry of Agriculture, Forestry and Water Management

of 9 February 1961

laying down implementing rules for the Forest Law

The Ministry of Agriculture, Forestry and Water Management, in agreement with the participating central authorities, provides, pursuant to Article 55 (1) of Act No. 166 / 1960 Coll., on Forests and Forestry (Forestry Act), hereinafter referred to as "the Act ':

Část prvá

Forest Fund

Článek 1

(k § 2 of the Act)

(1) The permanent identification of the land is crucial in deciding whether the land is a forest-free land. Land designated for permanent forestry (e.g. forest path, forest warehouse area, land reserved for afforestation) is part of the forest fund. On the other hand, land for permanent agricultural production is not part of the forest fund as a role, meadows, even though they are managed by forest plants.

(2) In particular, the Regional National Committee may declare operating buildings (hajjenky, forestry), stables for its own covers, garages, storerooms, protective dams, melioration facilities and ponds in forests as part of the forestry fund.

Článek 2

Leadership of forest fund overview

(k § 5 of the Act)

(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. In order to establish and maintain this summary, the district national committees shall use as a basis data the single land register, records and data on the forest fund components managed by forest management organisations in the field of responsibility of the Ministry of Agriculture, Forestry and Water and the Ministry of National Defence. When establishing and keeping an overview of the forest fund, the geodesy centres provide technical assistance to district national committees.

(2) An overview of the forestry fund shall be established according to the municipalities with the following information: the total area of land, separately land in the management of forest management organisations in the field of agriculture, forestry and water management and land in the management of organisations in the field of the Ministry of National Defence, the total area of land under the professional management of forests in the management of other socialist organisations (of which, in particular, land in cooperative use), land owned by individual persons. The forest fund overview shall also include structures and technical installations which have been declared as part of the forest fund.

(3) In order to ensure the proper management and maintenance of an overview of the forestry fund and to ensure its compliance with the actual situation, owners or users of the forest fund shall be required to report to the district national committee any change in ownership, management or use of the forest fund components (transfer, lease, assignment to use, association of land for joint management in the single agricultural cooperative) and any change in the area of land forming part of the forestry fund without delay, but not later than the end of the calendar quarter.

(4) The Regional National Committees shall maintain the forest fund reviews in line with the actual situation and complement them on the basis of the changes reported or, where appropriate, those authorised by the Regional National Committee. The Regional National Committee shall inform the local National Committee and the Geodesy Centre of any change in the ownership, management or use of a forest fund component and of any change in the area of land forming part of the forest fund.

Článek 3

Protection of the forestry fund against its removal from forestry

(k § 6 of the Act)

(1) In order to ensure the protection of the forestry fund and the possibility of carrying out timely measures in the organisation of forest production, the preparation of all types of land plans and the processing of building documentation must be ensured by the consistency of those plans and documentation with the forward forestry plan. Territorial plans and documentation of buildings must always be discussed in advance in terms of the protection of the forest fund with the relevant district or regional national committee.

(2) The Regional and, where appropriate, District National Committee is required to take account of the scope of the solution of the zoning plan or of the intended investment construction on the forestry economy, in particular the loss of forestry land, the impact of factory exhalations, the volume of the reduction of forest production and its economic reach in terms of the fulfilment of the tasks of the national development plan and the impact on the organisation of work in the forestry sector. The Regional and, where appropriate, Regional National Committee shall also take into account whether the principles of forest fund protection (efficient use of areas suitable for construction) have been examined on a case-by-case basis and whether the effective concentration of buildings has been carried out; shall also take into account whether the width of the safety belts is unjustifiably exceeded. In the event of a wider exclusion from the forestry fund (dams, airports, surface mines), the district or regional national committee, in cooperation with the competent authority or organisation, shall define the areas strictly necessary for the required purposes so that other areas can be used for forestry.

(3) If the land is to be removed from the forestry fund, it must ensure that the land is used only to the extent necessary and particularly of poor quality for construction.

(4) In order to ensure smooth forest management, the construction organisation shall, after the construction works have been completed, adjust the terrain to its cargo without delay so that the area released is capable of further forest management. In the construction of new buildings or in the cancellation of existing buildings, the organisation that carries out the construction or the object is obliged to remove abandoned objects on its load, unless they can otherwise be used appropriately (e.g. old road bodies for local and special purpose communication) and to surrender the released land for forestry purposes.

(5) Investors are required to notify the implementation of the preparatory work or planned construction of the district and local (urban) national committee by the end of September of the year preceding the start of the work in order to avoid disrupting forest production and the implementation of the national economic development plan.

(6) In order to ensure the protection of the forestry fund and forestry, as well as to carry out the reclamation of forest land, damaged or destroyed by investment construction, etc., investors, operators and organisations processing documentation are required to include in the relevant documentation a plan for the reclamation (relocation or storage of land, landscaping, etc.). Investment, operational and financial plans shall provide financial and material resources for the execution of reclamations.

Článek 4

Protection of the forestry fund in the operation of industrial enterprises and mineral mining

(Section 7 of the Act)

(1) The operation of industrial enterprises and the extraction of mineral materials (in particular coal) creates extensive and often irreparable damage to the forestry fund and thus to the forestry economy, in particular in areas of concentrated industrial and mining activity. Operators are therefore obliged to comply with the following basic measures:

(a) develop, at the same time as mining or industrial activities plans at all stages (both in general and in implementation projects), a plan to cover the consequences of mining or industrial activities and a plan to reclamate damaged parcels. The reclamation plan shall ensure the landscaping of the parcels concerned, the method of reclamation and the correction of the water ratios of areas previously destroyed and newly damaged, in such a way as to ensure, at the same time, the prospect of forest management in the area of mining or concentrated industrial activity. The extraction plans or industrial activities on the basis of which the recovery plans are processed shall include soil classification according to their suitability for reclamation, method and organisation of their movements and uses in accordance with the reclamation plan. The draft rehabilitation plan must be discussed in advance with and approved by the District National Committee. The district national committee shall decide on the type of reclamation to be determined (afforestation or other use) on a proposal from the industrial or mining operator,

(b) to make appropriate land-use arrangements during the extraction or industrial activity and to take all economically justified measures to avoid unnecessary damage to land and facilitate soil treatment for the purpose of reclamation;

(c) adjust the side slopes of the droplets so that the angle of inclination ensures their stability according to the type of soil; the height of the droplets shall not interfere with the balance of the stored soil in order to prevent them from sliding,

(d) in agreement with the water authorities, adjust the overall water regime on mineral-mineral-mining areas so as to eliminate the adverse effects of the drop in groundwater and allow for harmless surface water discharge;

(e) to adjust the soil declines resulting from deep-water mining in such a way that the land concerned is capable of further economic recovery;

(f) carry out a continuous biological reclamation of land previously disturbed by mining or industrial activities, possibly damaged by mining or industrial activity by creating land humus stocks, improving the physical, chemical and biological properties of the soil, in order to create an environment which would allow the land to be reclamated to be reforested by a fertilisation process;

(g) ensure, for the period of construction and operation of industrial enterprises, as far as possible, uninterrupted forest operations;

(h) adapt its own forest communication costs to its operations so that the operation of the forest plant is not disrupted;

(i) to restore for the forest plant the necessary routes which have been disrupted by the operator's activities or to establish alternative communications.

Článek 5

Protection of the forestry fund in the construction of roads and water works

(k § 8 of the Act)

In the construction of roads and railways, above ground and underground lines, there is interference with the forestry fund and interference with facilities and measures (e.g. water and forestry) which have been set up to increase soil fertility. Such facilities and measures must be consistently protected from damage and deterioration in the performance of the said work, or, failing that, to the extent necessary. Care should be taken to ensure that the route of electrical lines and other lines is designed in such a way that it does not, as far as possible, disturb the normal operation of the forestry sector and ensure protection against erosion and wind calamities.

Článek 6

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

(k § 9 of the Act)

When carrying out exploratory work and building aerial and underground lines, and adjusting water conditions, there is significant and, as a result, often and unnecessary damage to the forestry fund, by not being aware of the implementation of such work by owners or users of the forest fund in due time. Operators of these works are therefore obliged to:

(a) to notify the intended implementation of the work to the district and local (urban) national committee 6 months in advance;

(b) to carry out work on the land in such a way as to minimise damage to parts of the forestry fund (in particular the forestry sector);

(c) to remove immediately after work any remnants of the operating equipment and adjust the area concerned to its original state.

Článek 7

Procedure for the exclusion of forest fund components and the implementation of cultural changes

(k § 10 of the Act)

The application for exemption from the forestry fund shall be made by the investor or, where appropriate, by the person interested in the exemption. The exemption from the forestry fund shall also include a permit for deforestation.

Část druhá

Forest management and forest management

Článek 8

State care of forests

(to Article 17 of the Law)

(1) In particular, the following tasks shall be carried out by the State Forest Care Authorities:

(a) oversee the implementation of forest management, guide it and decide on issues related to its implementation;

(b) manage the economic adjustment of forests methodically and approve forest economic plans and other works of economic adjustment of forests in the framework of this management;

(c) assess the production and other indicators of forest production and, on the basis of economic analyses, examine the effectiveness of the existing measures on the forestry sector and, where appropriate, propose, or provide, new, economically more efficient measures to preserve and enhance forests and forestry;

(d) ensure coordination and cooperation between forest management organisations and timber processing industry organisations;

(e) ensure implementation, continuous development and compliance with the strictest economy in the management of raw and processed wood and products of which wood is an essential part;

(f) take care to increase the production of timber, in particular by monitoring this activity and proposing appropriate measures, overseeing the cultivation of rapidly growing timber;

(g) monitor the political and professional education and qualifications of forestry workers;

(h) carry out the other tasks assigned to them under the provisions of the Forest Act and those laid down for its implementation.

(2) In carrying out their tasks, the authorities of the State care of forests ensure a broad participation of workers in the management and control of the forestry sector and use the incentives of workers to improve their work.

Článek 9

Forest management services

(k § 19 of the Act)

(1) The scope of forest management is determined according to whether the owner or, where appropriate, the forest user (hereinafter referred to as "forest user") provides forest management by its professional forest managers.

(2) The tasks of professional management bodies in forests in which a forest user does not manage by its professional forestry operators include in particular:

(a) to draw up forest economic plans, to reconstruct them and, where appropriate, to inventory the forest;

(b) to ensure that forests are managed in accordance with approved forest plans;

(c) to draw up and, where appropriate, approve supporting documents for forward-looking plans for forests and to draw up annual production plans (mining, afforestation, etc.),

(d) indicate all logging;

(e) organise forest work and supervise its proper implementation (afforestation, culture treatment, pruning, broaching and other mining, handling and wood delivery);

(f) ensure that forest users carry out all the measures necessary to maintain and improve the fertility of forest land, the capacity of forests to retain water and perform other useful functions, and to implement the measures necessary for proper and timely recovery and rearing of forest areas;

(g) ensure the afforestation of soils not yet afforested, the treatment and rearing of crops and forest tree groups on such soils, unless such tasks are provided by forest-technical melioration organisations;

(h) to ensure that the forest is properly protected in accordance with the principles of good forestry, in particular that grazing of cattle, rake or other destruction of forest and forest land is not carried out in the forests, or that other destruction of forest and forest land is suffered (the implementation of illegal logging and associated logging); while monitoring the condition of harmful insects and other pests and giving forest users instructions on how to destroy them and how to prevent them from spreading (early processing of land, quarries, etc.),

(i) maintain operational technical and forest economic records of the results of performance and investment plans and report to the competent authorities on the implementation of the plan;

(j) express and provide explanations to forest users and public authorities on all issues relating to forest management and management;

(k) to assist in particular the single agricultural cooperatives in drawing up the forward and year-round financial plans for the forestry sector;

(l) to provide and conduct professional training for workers - members of single agricultural cooperatives responsible for forest production management, in particular in racing schools.

(3) The professional management of forests in which a forest user does not manage by its professional forestry operators consists in particular in the care of the development and renewal of forest plans and the performance of other forest economic adjustment tasks, the supervision of the management according to approved forest plans and planning activities.

(4) The development of forest economic plans and other tasks of forest economic treatment in the professional administration are provided by forest economic treatment organisations.

(5) The tasks of forest management bodies do not include the carrying out of forest work and accounting.

(k § 20 of the Act)

Článek 10

Obligations of forest users under professional management

In particular, forest users under professional management shall:

(a) carry out, in a timely and correct manner, all planned tasks, keep initial records and submit the required reports,

(b) to provide forest management authorities with information on the forest property used, to notify them of any changes in the holding and use of forest and to communicate to them the decisions of the State authorities concerning their forest property;

(c) to take care of its costs of carrying out the necessary ancillary outdoor work related to the development of forest economic plans and other forest economic treatment works and to borrow the necessary background material (extracts from the single land register, maps, forest plans, etc.),

(d) establish, in accordance with the guidelines or proposals of forest management bodies, workers for forest protection services;

(e) in the case of forests managed by single agricultural cooperatives, establish, as appropriate, a member of the cooperative as head of forest production after the submission of the forest management authorities.

Článek 11

Method of carrying out forest management

(1) Forest management bodies shall exercise their own measures or guidelines to forest users. The focus of forest management lies in the performance of outdoor professional work and in direct personal contact with forest users.

(2) However, the tasks arising from the national development plan shall be communicated in writing to forest users. If the forest user does not agree with the tasks planned, they shall be decided by the district national committee.

(to Section 21 of the Act)

Článek 12

Contributions for the implementation of forest management

(1) In order to cover the costs associated with forest management, forest users, except for the exception provided for in Article 13 (5), are required to pay annual contributions including compensation for the development of forest plans and forest inventories.

(2) The person who is the user of the forest on 1 January of the current year is obliged to pay the contributions, even if there is a change in the person of the user after that date.

(3) The contributions of the single agricultural cooperative shall be paid from the forests involved in the joint management of the single agricultural cooperative or, where appropriate, from the forests used by that cooperative for other legal reasons.

Článek 13

Allocation of contributions

(1) The contributions shall be assessed annually by the forest management authorities on 1 January.

(2) From 1 January 1968, annual contributions shall be charged as follows:

a) jednotným zemědělským družstvům a jiným socialistickým organizacím s výjimkou státních - z jednoho hektaru obhospodařované lesní půdy

Kčs 40,-

b) soukromým uživatelům lesa o výměře nad 0,50 ha - z jednoho hektaru lesní půdy

Kčs 80,-

c) soukromým uživatelům lesa o celkové výměře od 0,10 ha do 0,50 ha lesní půdy

Kčs 40,-

d) soukromým uživatelům lesa o celkové výměře do 0,10 ha lesní půdy

Kčs 25,-

(3) For the purposes of the assessment of the contributions referred to in paragraph 2 (a), the area of forest land per hectare and per hectare per hectare per hectare per hectare per hectare and per paragraph 2 (b) shall be considered as a whole hectare; at a higher level, the area shall be rounded downwards to 0,50 ha and the area above 0,50 ha upwards.

(6) If the forest user does not agree with the contribution assessed, he may object to the district national committee within 15 days from the date on which it was notified. The amount of the contribution shall then be decided by the District National Committee.

Článek 14

Collection of contributions

(1) The contributions are collected by the forest management authorities; are due within 30 days of the date on which the amount of the contribution was communicated to the forest user.

(2) Repayment of contributions (including interest) is enforced by administrative or judicial execution on the basis of a statement of arrears, the enforceability of which has been confirmed by the District National Committee.

Část třetí

Forest economic treatment

Článek 15

Tasks of forest management

(to Article 23 of the Law)

(1) The management of forests provides reliable documentation for forest planning within the national economy and for operational planning and targeted forest management. In order to ensure these objectives, in particular:

(a) to determine the state of the forest and its production possibilities on a regular basis after 10 years and to derive from it sustainable mining (mining) as a basis for forward planning of wood production and consumption;

(b) plan, on the basis of the established state of the forest and the results of special surveys, using the current results of forestry science and technology as well as practical experience, the economic measures resulting from the development plans of the national economy for 10 years in order to ensure to the widest extent the mission of the forestry economy;

(c) monitor normally the development of forest status and the impact of the tasks provided for on forest functions and derive from the facts identified the consequences for further planning and management.

(2) The following surveys shall be carried out as part of the economic treatment of forests: natural ratios, including the conditions of water, transport, mining and economic conditions, organisational, conservation and, where appropriate, other surveys.

Článek 16

Forest economic units, their breakdown

(to Article 24 (1) of the Law)

(1) The size of forestry units is generally not to exceed 10 000 ha. Forestry units are of a permanent nature; the changes to their circuits may be authorised by the authorising authority, which is the Regional National Committee (Section 26 of the Law), in particular justified cases. Administrative units (forest plants, etc.) may be made up of one or more forestry operators. In doing so, it is necessary to ensure that operating units, in particular to climb, do not interfere with multiple forestry units.

(2) Forestry units are divided into economic groups, in terms of natural and economic conditions, which are the basic units for assessing the economic situation of the forest and for the production arrangements. The amendments shall be subject to the approval of the approval authority.

(3) The economic group is divided into permanent units of the economy (subdivisions, sections), which are basic units for economic activity planning and economic records. they are defined by species of forest users.

(4) Permanent units may be grouped into higher units (separation). In order to allow for a more precise identification of the forest status and to specify the planned economic measures, lower units (crops) may be defined within a permanent unit.

Článek 17

Forestry plans, their breakdown and formalities

(Paragraph 24 (1) and (2) of the Act)

(1) Forest management organisations which are to manage forests and, where appropriate, forest management organisations are required, in cooperation with the forest economic management organisation, to ensure that forest management plans and their sections for all forests directly managed or under professional management are drawn up.

(2) A single forest economic plan shall be drawn up for all forests of the forestry sector for a period of 10 years.

(3) Special sections (partial forest economic plans) shall be drawn up for forest under professional management in the forestry sector, separately for forests:

(a) State (according to the organisations managing them),

(b) managed by single agricultural cooperatives (by single agricultural cooperatives) and other socialist organisations than the State;

(c) individual operators.

(4) When drawing up a state plan for the development of the national economy, forest plans are an objective means of identifying and monitoring forest production.

(5) Forest economic plans are generally subdivided into:

(a) the general part of the forest economic plan;

(b) a statement and, where appropriate, an extract of the land holding and a table of the areas;

(c) description of the crops, operational plan and economic records (economic book);

(d) final tables and numerical summaries;

(e) forest maps;

(f) a memorial book.

Článek 18

Derivatives of mining etates

(Paragraph 24 (3) and (4) of the Act)

(1) Only tolerable mining (mining), provided for in the forestry plan and corresponding forest and forest status, is allowed in the forestry sector. The mining plan is divided into a toll mining plan (renewal) and a pre-mining plan (educational plan). In determining the level of mining etates in economic groups, the ratio of incremental and the size and distribution of wood stocks are mainly decisive.

(2) For the economic and special purpose forests referred to in § 30 (a) to (e) of the Act, uniform principles apply for the derivation and determination of mining etates, in particular tolls.

(3) In the forest of high-density grazing, for the derivation and determination of the mining ethate, the basic mining indicator in the economic group is the average toll increase, which is replaced by 1 / 20 of the last age class and older material in case of a larger shortage or excess of toll crops. In doing so, account should be taken of the representation of age classes, health status, deficiencies in recovery and education, inappropriate spatial layout, excess toll stocks and other biological, technical and economic assumptions. If the design of the toll mining etat is to deviate by more than ± 10% from the mining indicator used, the approval of the Ministry of Agriculture, Forestry and Water must be requested for this derogation before the approval of the forestry plan.

(4) A larger deficiency or surplus shall be considered as such an area of tolls, converted into full linkages which are below 90%, or which exceeds 110% of the area of the average age class, calculated from the reduced area of the economic group.

Článek 19

Adaptation of forest economic plans to the National Economy Development Plan

(to Article 24 (5) of the Law)

(1) The mining over the ethic resulting from the provisions of Paragraph 24 (5) of the Act is divided into economic groups of the high-tribal economic forest in proportion to the tolls, separately for coniferous and leafy timber. Similarly, higher economic units (forestry units, forest plants, etc.) are also progressed. In forests under professional management, there is usually no provision for the production of etate.

(2) Under the economic groups of the High-Tribal Forest, crops managed in a selective manner and crops recognised for the collection of forest seed may be excluded in whole or in part from the location of the production over the ethate.

Článek 20

Cooperation between forest and forestry management organisations

(to Section 25 of the Act)

Forest management plans and other work on forest management shall be drawn up by forest management organisations, in cooperation with forest management organisations, which shall in particular be responsible for the proper preparation of the economic measures plan.

Článek 21

Management and approval of forest plans

(to Section 26 of the Act)

(1) At the start of its own outdoor work on the development of the forestry plan, forest management organisations shall submit a preliminary report to the Regional National Committee on a basic errand, drawn up together with organisations for the economic treatment of forests, with an application for a basic run.

(2) No later than one month after the submission of the preliminary report, the Regional National Committee shall carry out a basic mission involving representatives of the Organisation for the Economic Adjustment of Forests, the Forest Management Organisation and a representative of the Organisation for the Management of Forests. Common agricultural cooperatives managing forests and other participating organisations, as appropriate, will also be invited to the basic tour.

(3) Within 60 days of the submission of the draft (concept) of the forestry plan, the Regional National Committee shall carry out a final errand involving representatives of the organisations referred to in paragraph 2.

(4) Forestry plans must be drawn up and approved in such a way that their main provisions (in particular on mining and afforestation tasks) can be used by forest management organisations in the first year of their validity.

(5) The authorising authority may, in duly justified cases, authorise or order derogations from the provisions of approved forest plans or, where appropriate, order their early renewal or revision of certain parts thereof.

(to Article 27 of the Act)

Článek 22

Control of implementation of forest economic plans

(1) The authorities of the State of Forestry care control at random the performance of the tasks set out in the forest economic plans and the management of forest economic records. In addition, they shall carry out, with the participation of forest economic adjustment organisations and forest management organisations, systematic checks to assess how they are implemented and how the provisions of forest management plans are proven and, where necessary, propose measures to remedy them.

Článek 23

The Ministry of Agriculture, Forestry and Water shall issue binding directives to further regulate the drawing up of forest economic plans and other works of forest economic treatment and the management of forest economic records.

Část čtvrtá

Forest formation and cultivation

Článek 24

Special purpose forests

(to Article 30 of the Law)

(1) The Ministry of Agriculture, Forestry and Water Management declares that special-purpose forests of national importance, forests referred to in § 30 (a), (d) and (g) of the Act, forests in the administration of organisations within the area of competence of the Ministry of National Defence and other forests exceeding 100 ha in each case. The 100 ha area forests are declared by the Regional National Committee and the 10 ha district National Committee.

(2) Forests shall be declared useful as a rule when approving forest economic plans. If during the period of validity of the forest economic plan there is a change in the economic mission of the forest and the amount of mining is affected by this change, an amendment to the forest economic plan must be made.

(to Section 31 of the Act)

Citation	Decree of the Ministry of Agriculture, Forestry and Water Management No. 17 / 1961 Coll., which issues implementing regulations for the Forest Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	23.02.1961
Effective from	01.03.1961
Effective until	-
Status	Valid

Decree of the Ministry of Agriculture, Forestry and Water, which is issued by implementing regulations for the Forest Act

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