Act No. 61 / 1977 Coll.
Forest Act
Valid
Effective from 01.01.1978
61
THE LAW
of 26 October 1977
on forests
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
Forests are one of the greatest wealth of our country, they are one of the basic elements of the environment and they provide a permanent source of wood for the national economy. Forests influence and improve climate, water and soil conditions, create a natural environment for many species of plants and animals and their communities, preserve natural beauties and also provide health and refreshment for the population. For all these forest functions (hereinafter referred to as "forest functions') it is necessary to protect the forest fund which constitutes land belonging to and on the forest land fund; At the same time, there is a constant and planned need to take care of and manage forests according to the principles of advanced biology, technology and socialist economy.
FOREIGN FUND AND ITS PROTECTION
Forest Soil Fund
Definition of forest land fund
(1) The Forest Land Fund consists of land which is permanently intended to fulfil the functions of forests (hereinafter referred to as forest land). Forest land is:
(a) land grown by forest trees which serve to perform the functions of forests (hereinafter referred to as forest crops) and land on which forest crops have been temporarily removed for the purpose of restoration or the establishment of forest nurseries and, where appropriate, forest seed plantations;
(b) land without forest areas which serve and are indispensable to the forestry economy (partitions, forest paths, upper forest warehouses, etc.),
(c) land above the upper limit of tree vegetation in high-mountain areas, with the exception of land built and their arrivals.
(2) The authority of the State Administration of Forestry may declare forest land:
(a) land which can be most economically used for afforestation;
(b) land to be afforested mainly for reasons of water, soil protection, health, recreation and aesthetic;
(c) non-wooded land within forests which serve or are intended to serve the functions of forests, in particular in the creation and protection of the natural environment.
(3) In doubts as to whether land belonging to the forestry fund referred to in paragraph 1 is a matter for the administration of the forestry sector.
(4) Forest land shall not be declared or declared as land if it is part of the agricultural land fund (1)
Forest fund registration
(1) The administrator, owner or user of forest land (hereinafter referred to as "the user of forest land") is obliged to notify any change in the management (ownership, use) of forest land to a public forest management authority, and to go for forest land in the professional administration, as well as to the organisation of forest management.
(2) Socialistic organisations that are users of forest land are required, in cooperation with the geodesy and cartography authorities, to keep their own (corporate) records of the land.
(3) In agreement with the competent central authorities of the Czech Socialist Republic, the central authority of the Slovak Socialist Republic and the central authority of the Slovak Socialist Republic (hereinafter referred to as the "central authority of the forestry sector"), in agreement with the competent central authorities of the Czech Socialist Republic, may provide for generally binding legislation details of the establishment and management of the forest land register by socialist organisations and details of the land belonging to the forest land fund.
Protection of forest land fund
Content and basic obligations
(1) Forest land users are obliged to protect forest land and forest crops and use them rationally to fulfil forest functions. To this end, the authorities of the forestry authorities may impose the necessary measures on the users of forest land on their own costs on forest land.
(2) Forest land may not be excluded from the forestry fund, nor may its use be restricted to the performance of forest functions, unless the authority of the state administration has decided to exempt or restrict its use. The exclusion of forest land from the forestry fund or the restriction on its use may take place only in unavoidable and justified cases, particularly if the tasks of economic and social development cannot be ensured otherwise.
(3) When the forest land is excluded from or restricted to the forest land fund:
(a) specifically protect forest land in forests declared as conservation and special destination forests;
(b) use primarily forest land on which only small timber production can be achieved due to natural conditions, unless such land provides other forest functions;
(c) to use only the strictly necessary area of forest land and not to allow the fragmentation of the forest land fund;
(d) ensure that the use of forest land minimises the interests of the forestry sector and makes forest management as difficult as possible;
(e) ensure that forest crops are protected consistently;
(f) to carry out, where appropriate and technically feasible, a cover of cultural layers of land and measures for its economic use, as decided by the forestry authority;
(g) after the end of the application of exempted forest land for other purposes, promptly perform soil treatment and reclamation so that the forest land concerned can be afforested; in cases of greater and long-term concentration of mineral mining, also perform biological reclamation by appropriate forest crops.
(4) The permanent exclusion of forest land from the forest land fund means a permanent change in the use of forest land. The land shall be temporarily removed from the forestry fund if it is intended to be used for other purposes for the period specified in the decision but for a maximum of 12 years. The restriction on the use of forest land is if the fulfilment of forest functions is limited for other important interests of the company.
(5) In the case of socially justified reciprocal exchanges between the forestry and the agricultural soils fund, the principles of protection of the forestry and protection of the agricultural soils fund should be respected. Only scattered forest land not relevant to forestry, the environment and the nature of the landscape can be excluded from the forestry fund, in particular in areas with low forestry.
(6) Forest land must not be excluded from the forestry fund for the individual construction of holiday huts and objects. The Central Authority of the State Administration of the Forest Economy of the Republic may, in accordance with the approved zoning plan, authorise the exclusion of forest land for the individual construction of holiday huts and objects exceptionally, if it is the unbuilt area of forest land in chat settlements (2) built before the date of the entry into force of this Act and, exceptionally, after the exclusion of forest land from the forestry forest fund for other purposes and only if the construction cannot be located on another land.
(7) The exclusion of land from the forestry fund for the construction of recreational buildings of socialist organisations may only be authorised by the Central Authority of the State Administration of the Forest Economy of the Republic in exceptional, social interest justified cases and where this is in accordance with the approved territorial plan.
Obligations in territorial planning
(1) In the case of land planning activities carried out under the Specific Regulations (3), the territorial planning authorities and processors of land planning documentation are required to ensure the protection of the forest fund and forest crops and comply with the provisions of Section 4. When processing land-use planning documents, processors shall propose and justify the most appropriate solution for the protection of the forest fund, forest crops and other social interests; the details are laid down in general binding legislation by the Federal Ministry of Technical and Investment Development, in agreement with the central authorities of the State Administration of the forestry of the Republic.
(2) Proposals for the territorial plans of large territorial units, local departments and, where appropriate, zones must already be discussed during the period of processing of the preliminary proposals and must be accompanied by the approval of the State Administration of Forestry before approval; general rules on administrative procedures shall not apply to the granting of such consent.
(3) A territorial decision, (3) which is to affect the forestry fund, cannot be given unless the approval of the State administration of the forestry sector has been given.
Obligations in the processing of proposals for the determination of conquest areas
(1) In the processing of proposals for the establishment of conquest areas under the Specific Regulations (4), mineral mining organisations are required to ensure that the forest fund and forest crops are protected and comply with the provisions of Section 4. They are also obliged to propose and justify a solution that protects the forest fund and forest crops to the highest extent when the bearing is taken rationally; assess the expected losses in the production of wood material and take into account other forest functions, the possibility of reclamation and the expected consequential damage compared to other possible solutions.
(2) Proposals for the establishment of conquest areas must be accompanied by the approval of the State Administration of Forestry before their approval; general rules on administrative procedures shall not apply to the granting of such consent.
(3) In cases where both the forestry and the agricultural land fund are concerned, the body of the State administration of the forestry sector shall indicate in agreement with the body of protection of the agricultural land fund the method of reclamation agreed upon in accordance with paragraph 2.
Obligations in the processing of building documentation
(1) In the processing of building documentation, investors are required to ensure that the forest fund and forest areas are protected, subject to the provisions of Section 4, and on the basis of the calculation of economic efficiency (5) to propose the location of the construction in such a way as to minimise disruption to the performance of forest functions; if the solution is not clear, they shall propose the location of the construction in alternatives.
(2) The proposal to discuss the project task of constructions where permanent or temporary exclusion of forest land from the forestry fund or restrictions on the use of forest land is envisaged must be supported by the agreement of the public administration; general rules on administrative procedures shall not apply to the granting of such consent.
Obligations in mining, construction and industrial activities, design and construction of directional and liner structures and geological and hydrogeological surveys
Organisations carrying out mining, construction and industrial activities, design and construction of directional and liner structures and geological and hydrogeological surveys are obliged to ensure the protection of forest and forest crops and to comply with the provisions of Section 4; they are obliged to:
(a) discuss the timely implementation of the work with the State Administration of Forestry Authority and the user of forest land;
(b) take measures to ensure that the forestry network, the forestry mellioration network, the drainage equipment and other forestry equipment are not damaged or otherwise disturbed and continue to fulfil its purpose; in the event of the irreversible disruption of such installations, ensure their effective recovery;
(c) to guide the implementation of work in time to take place outside the period of intensive work in the forests or outside the period of calmness needed to ensure the functions of the forests (spring afforestation, the period of laying of young animals, etc.);
(d) to carry out work in such a way as to minimise damage to forest land and forests, in particular to take effective technical measures to prevent or mitigate the leakage of solid, liquid and gaseous substances that damage forests;
(e) to store the recovered matter in the harvested areas and, if this is not possible or economically justified, to deposit it primarily on areas infertile or other areas intended for this purpose;
(f) lead through the forest so that the forest is least threatened by wind, in particular to secure wind walls of forest areas prior to wind quarries;
(g) to bring the forest land concerned to its original state after work, unless otherwise provided by the State Administration of Forestry.
The Central Authority of the State Administration of the Forestry of the Republic shall adapt the generally binding legislation in more detail:
(a) the conditions and procedure for exempting forest parcels from or restricting their use for the performance of forest functions;
(b) the protection of the forestry fund in the field of planning, in the processing of proposals for the establishment of mining areas, in the processing of documentation of buildings, in mining, construction and industrial activities, in the design and construction of directional and line structures and in geological and hydrogeological surveys.
REFUNDS ON FOREIGN INJURY
(1) Everyone is obliged to ensure that the forest fund is not damaged (Section 1), as well as objects and equipment on forest land serving the forestry economy.
(2) If damage occurs (paragraph 1), the person responsible is obliged to bring the sites concerned into their original state. If this is not the case, in particular if it is not possible or economically effective, it shall provide compensation to the injured party under the rules on compensation. The damage to forest areas is also covered by what the injured party would have achieved if the damage had not occurred.
(3) If, in the context of the implementation of investment construction, it has been obliged to pay for the damaged and increased operating costs incurred by the beneficiary, to break the link between the integrated forest parts, forest roads or other buildings and facilities serving the forestry economy.
(4) For forest land disposed of in connection with the implementation of investment construction, the investor is obliged to pay what would have been achieved in the proper management had the forest area not been washed early, minus the amount that the injured party may have obtained for the timber from the destroyed forest.
(5) Socialistic organisations from which gaseous and solid (exhalation) substances cause damage to forest crops are released are obliged to implement measures to prevent or mitigate exhalation losses, to participate in the call for state forest management organisations (§ 11) to detect the harmful effects of exhalation on forest crops, to cooperate with those organisations and to provide them with the necessary assistance to address the consequences of exhalation damage and to restore forest crops.
(6) The railway undertaking and the users of forest land are obliged to take the security measures necessary to protect forests from fires which may arise from the operation of the runway. The basic necessary measures are laid down in specific provisions. 6)
(7) The authority of the state administration of the forestry sector may require the damage to be removed by putting it in its original state; may also impose other measures in order to prevent and prevent further damage.
FOOD NATIONAL PROPERTY AND USE RELATIONS TO WOODS
Forest national property
Management and transfers of forest national property management
(1) The Forest Fund, which is state-owned (hereinafter referred to as "forest national assets"), is managed by state forest management organisations, managed by the Central Authority of the State Administration of the Forest Economy of the Republic.
(2) Forest national assets necessary for State defence purposes are managed by state forest management organisations managed by the Federal Ministry of Defence.
(3) Other state organisations may manage forest national property only exceptionally if they inevitably need it to carry out their tasks. Exemptions are authorised by the Central Authority of the State Administration of the Forestry of the Republic.
(4) Transfers of forest national property management may be carried out only with the agreement of the central authority of the state administration of the forestry sector.
(5) The authorisation of the exemption referred to in paragraph 3 and the consent referred to in paragraph 4 shall not be subject to general administrative rules.
Measures to ensure the safety of persons and property
(1) Investors of directional, liner and other buildings and installations are required to implement measures on the forest land concerned by the construction to ensure that the buildings and installations prevent damage which could be caused by landslides, stone falls, trees fall, avalanches etc. The scope and manner of such security measures shall be determined by the competent authority of the State administration in agreement with the State administration of the forestry sector under the Specific Regulation12.
(2) A forest land user shall be obliged to allow the implementation of the measures referred to in paragraph 1.
(3) Where, in addition to the measures referred to in paragraph 1, there is a need to ensure the safety of persons and property, in addition to the measures referred to in paragraph 1, to change the way in which forest land is used or to restrict the use of forest land, the authority of the forestry authorities shall decide on further measures and determine who shall bear the costs associated with it. The provisions of the legislation governing runway-surrounding relations remain unaffected. 13)
Use of foreign land
(1) A user of forest land shall be entitled to use, free of charge to the extent necessary, foreign land for forest transport, provided that it is not possible to access the forest land otherwise or only with such costs which would be disproportionate to the damage caused by such use. If damage is incurred by the administrator (owner, user) of a foreign land, it is liable for damages under the general legislation.
(2) The user of forest land is obliged to discuss with the manager (owner, user) of the foreign land the conditions of forest transport. If no agreement is reached, the body of the state administration of the forestry sector shall decide on the time, manner, extent and duration of forest transport on foreign land and, where appropriate, the amount of compensation.
SEND OF WOODS AND THEIR CATEGORISATION
Main principles for the development of forest functions
(1) Forest land users are obliged to plan to manage forest crops according to forest economic plans approved by the authorities of the forestry authorities in order to increase the fertility of forest land and timber production while ensuring other forest functions.
(2) Forestry plans are the basis for nationaleconomic planning and are binding on the indicators and data on forestry. The binding indicators and data of forest economic plans are the economic way, the amount of the extractions determined by the mining percentage in each age and the tasks of rebuilding and rearing forest crops. The amount of the mining activities thus determined shall not be exceeded.
Forest categorisation
(1) In view of the predominant functions of forests, forests are divided into economic, protective and special forest.
(2) Forests are forests whose main purpose is the production of quality wood material while ensuring other functions of forests.
(3) Forests protected are forests whose functional focus is based on the natural conditions. These forests must be managed in such a way as to improve their protective functions in particular.
(4) Forests of special destination are forests with a specific mission resulting from specific important social needs, which also govern the management method.
(5) The Central Authority of the State Administration of the Forestry of the Republic will adapt a more detailed specification of the different categories of forests by means of a generally binding legislation.
Forest areas
(1) According to the mission of forests, natural and economic conditions and social interests and needs, forest areas are defined.
(2) Forest areas are declared by the Government of the Republic by regulation; in so doing it may modify or prohibit, where appropriate, activities which jeopardise the mission of the forest area.
MILITARY WOODS
Performance of state administration in military forests
(1) The Federal Ministry of Defence shall, except in the cases referred to in paragraph 2, exercise the administrative management of the forestry sector in the forests which are necessary for the defence of the State under the special regulations (14) (hereinafter referred to as the "military forests") under the guidelines of the Central Authority of the State Administration of the forestry of the Republic.
(2) The Central Authority of the State Administration of the Forestry of the Republic gives binding comments on matters relating to military forests to ensure a uniform national forestry policy.
(a) proposals for forest economic plans drawn up by organisations managed by the Federal Ministry of Defence prior to their approval;
(b) before a decision is taken to exclude land from the forestry fund and to restrict its use if the area of land to be excluded or to be restricted exceeds 10 ha.
(3) The Central Authority of the State Administration of the Forestry of the Republic may reserve, for serious reasons, decisions under paragraph 2.
(4) The Federal Ministry of National Defence is required to keep a constant eye on the compliance of the provisions of this law, the laws of the National Councils governing forest management and the administration of the forestry sector and the regulations issued by them.
(5) Within its scope, the Federal Ministry of National Defence imposes measures to address the deficiencies identified and fines for the breach of the obligations laid down in this Act and the laws of the National Councils governing forest management and the administration of the forestry economy, where appropriate on the basis of them. These fines are the income of the Federation State Budget.
(6) The Central Authority of the State Administration of the Forest Economy of the Republic shall carry out the top supervision of the implementation by the authorities and organisations of the Federal Ministry of Defence of the provisions of this Act, the laws of the National Councils governing forest management and the administration of the forestry sector and the regulations issued pursuant to them. The Central Authority of the State Administration of the Forest Economy of the Republic may, after consulting the Federal Ministry of National Defence, impose measures on organisations managed by the Ministry to remedy the deficiencies identified and the fines for infringements of the obligations laid down by this Act and the laws of the National Councils governing forest management and the administration of the forestry economy, where appropriate on the basis of them.
FINES
(1) The authorities of the forestry government impose fines of up to 500 000 CZK to organisations which:
(a) without a decision to exclude forest land from the forestry fund or without a decision to restrict its use of forest land from it, remove or restrict its use;
(b) illegally use, use for other purposes or prevent its proper use;
(c) it causes damage to forest land, forests, buildings, roads, machinery and facilities serving forestry or otherwise complicates the operation of forestry, e.g. by the unauthorised cancellation of access roads to forests;
(d) fails to comply with other obligations laid down by this law or to comply with measures imposed by a decision of the State Administration of Forestry, issued under this law.
(2) If, within a period of one year from the date of the entry into force of the decision imposing a fine, the organisation infringes any obligation for which a fine is imposed under this law, a further fine shall be imposed up to twice the fine which would otherwise have been imposed.
(3) A fine for infringement under Paragraph 8 (d) may not be imposed if a fine has already been imposed under special rules. 15)
(4) The authorities of the state administration of the forestry sector also impose fines on workers of organisations who have caused infringement of the obligations of organisations in the absence of a criminal offence or offence. The amount of the fine may not exceed three times its average monthly earnings for an organisation worker. 16)
(5) The proceedings for the imposition of a fine may be initiated only within one year from the date on which the authority of the State administration of the forestry sector became aware of the infringement of the obligations referred to in paragraph 1, but no later than three years, and if the infringement is committed by the users of forest land no later than five years from the date on which the infringement occurred.
(6) The imposition of a fine on an organisation shall not affect the criminal liability of its workers as well as the liability of the organisation or, where applicable, the workers of the organisation under the rules on compensation. If a fine has been imposed pursuant to paragraph 4 of the staff member of the organisation, he may no longer be fined under other rules.
(7) The fine shall be payable within 15 days of the date on which the decision becomes final.
TRANSITIONAL AND FINAL PROVISIONS
(1) The management of forest national assets carried out by state organisations other than state forest management organisations shall, within one year of the entry into force of this Act, be transferred to state forest management organisations managed by a central authority of the state forestry management of the Republic; the management of forest national property is transferred free of charge.
(2) The provisions of paragraph 1 shall not apply to forest national property which, on the date of entry into force of this Act, is authorised for the administration of state forest management organisations managed by the Federal Ministry of Defence and to forest national property whose management, after the entry into force of this Act, has been granted an exemption pursuant to Article 11 (3).
In the case of land for which the right of use has been established pursuant to Article 12, the rights and obligations of those to whom the forest land has been transferred to temporary use shall remain unaffected.
Repeal
_
1. Act No. 166 / 1960 Coll., on Forests and Forestry (Forest Act),
2. Decree No. 17 / 1961 Coll., which issues implementing regulations for the Forest Act, as amended,
3rd Government Resolution No. 94 / 1962 Coll., implementing the Forest Act in the field of the Ministry of National Defence.
Efficacy
This Act shall take effect on 1 January 1978.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Act on the Protection of the Agricultural Soil Fund (full text published under No 124 / 1976 Coll.).
2) Decree No. 83 / 1976 Coll., on General Technical Requirements for Construction.
3) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
4) Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (upper law).
5) Decree No. 163 / 1973 Coll., on documentation of buildings.
6) Act No. 51 / 1964 Coll., on Railways, as amended by Act No. 104 / 1974 Coll., Decree No. 52 / 1964 Coll., implementing the Railway Act, as amended by Regulations No. 132 / 1969 Coll. and No. 122 / 1974 Coll.
7) Act No. 123 / 1975 Coll., on the use of land and other agricultural property to ensure production.
8) Act No. 22 / 1964 Coll., on the registration of real estate, Decree No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on the registration of real estate.
9) § 38 of Act No. 122 / 1975 Coll., on Agricultural Cooperative.
10) Paragraph 37 (2), (3) and (4) of Act No. 122 / 1975 Coll., on Agricultural Cooperatives.
11) § 70 of the Economic Code, Decree No. 156 / 1975 Coll., on the Administration of National Property.
12) For example Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
13) Section 12 of Act No. 51 / 1964 Coll., on Railways.
14) Act No. 169 / 1949 Coll., on Military Outages, Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic.
15) Act No. 35 / 1967 Coll., on measures against air pollution.
16) § 275 of the Labour Code (full text published under No 55 / 1975 Coll.).
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Regulation Information
| Citation | Act No. 61 / 1977 Coll., on Forests |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.10.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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