Act No. 65 / 1950 Coll.
Law on the management of forest seeds and seedlings
Valid
Effective from 09.07.1950
65.
Law
of 18 May 1950
the management of forest seeds and seedlings.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Forest seedling and planting of forest seedlings, as well as trade therein, is regulated by this law in order to ensure sufficient quality forest seeds and seedlings for crop restocking in forest soils, afforestation in non-forest soils, the establishment of protective forest belts (windmills) and water management.
(1) The Regional National Committees, acting on a proposal from the forest owner (forest plant) or the seed plant of the Czechoslovak State Forests, a national enterprise (hereinafter referred to as "enterprise"), recognise suitable forest parts (crops, tree groups, individual trees) as well as suitable tree groups and individuals standing outside the forest as eligible for seeds of forest trees (trees and bushes), cuttings and non-cultivated seedlings (hereinafter referred to as "recognised unit"). The Regional National Committees shall follow the directives issued by the Ministry of Agriculture by the Order in the Official Journal.
(2) The application for recognition must be submitted to the relevant district national committee, which shall discuss it and submit its observations to the Regional National Committee for a decision. The Regional National Committee shall decide after the hearing of the undertaking and, where necessary, the state research institutes of forestry.
(3) State research institutes of forestry maintain recognised units in accordance with the guidelines of the Ministry of Agriculture.
The Ministry of Agriculture shall designate a decree in the Official Gazette which shall only be grown from forest seeds, cuttings or non-cultivated seedlings obtained from recognised units, as well as the species of wood which shall only be propagated vegetative (cuttings, branches) and who shall carry out such propagation.
Wood production in recognised units is permitted only to promote the natural restoration of the forest and its growth, as well as in natural disasters; to benefit for other purposes, such as single recognised trees, may only be authorised by the District National Committee.
The owner of the forest is also entitled to cover his own needs of forest wood seeds for the purposes of forestry (hereinafter referred to as "forest beet '), separately for each forest plant and to an extent consistent with his planned tasks, harvesting from his own recognised units, and unless there is an obligation to grow them only from seeds, cuttings or non-cultivated seedlings obtained from recognised units (§ 3), also from other suitable trees and bushes for the species of forest.
(1) Only an undertaking is authorised to harvest forest seeds for forestry use subject to the provisions of Section 5. The owner of the forest, as well as the owner of the forest trees and bushes growing outside the forest, is obliged to suffer the harvest. The undertaking is entitled only to compensation for the damage caused to it during the harvest.
(2) The undertaking may also authorise another person to harvest. It may also request that the owner of the forest or forest trees and shrubs grown outside the forest itself carry out the harvest for him and assess the conditions of collection. If no agreement is reached between the undertaking and the owner of the forest or forest trees and bushes growing outside the forest, the district national committee may, on a proposal from the undertaking, impose on the owner such a harvest to carry out the harvest and determine the conditions for the harvest.
The forest owner is obliged to report to the firm on his invitation and according to his instructions on the facts relating to the harvest of seeds, in particular the flowering of forest trees and the likely crop of seeds.
The collection of seeds of forest trees for non-forestry use is permitted only if the national forestry need is covered for the relevant timber; The Ministry of Agriculture shall, on a proposal from the undertaking, declare this circumstance in due time in the Official Journal.
The plant is exclusively entitled to supply forest seeds and to purchase and supply forest wood seedlings for forestry use.
(1) The undertaking may ask forest nurseries owners to grow forest seedlings for it. If no agreement is reached between the undertaking and the owners of forest nurseries, the last sentence of Paragraph 6 (2) shall apply mutatis mutandis.
(2) The provisions of paragraph 1 shall not apply to forest nurseries of forestry, water and climate protection services, forest nurseries and training nurseries of forestry schools.
The occasional exchange of seeds of forest trees by harvest and forest seedlings from its own plant between neighbouring forest plants of the same owner or various owners for immediate use for forestry use is permitted.
Within the scope of the authorisation provided for in § 9, the undertaking is obliged to carry out the distribution of seeds of forest trees and their seedlings in such a way as to adequately cover the need for crop renewal on forest soils, if it cannot be ensured under the provisions of § 5 of this Act or under the provisions of § 4 of Act No. 206 / 1948 Coll., on afforestation, setting up forest protection belts and setting up (restoration) ponds, and the need for afforestation on non-forest soils, setting up of windmills and the implementation of water reforestation.
The Ministry of Agriculture may allow exemptions from the provisions of Sections 5, 8, 9, 11 and 12.
The management of forest seeds and seedlings in respect of land in military administration as well as synergies between the enterprise and military administration will be regulated by the Ministry of Agriculture in agreement with the Ministry of National Defence.
The action or omission of the provisions of this law or of the regulations issued under it punishes - if not by a criminal court - the District National Committee with a fine of up to 100.000 CZK or a prison (lockdown) within three months or both. In the event of non-availability of the fine, either a replacement prison sentence (lock-down) shall be imposed at the same time in accordance with the rate of guilt within three months. If both sentences are imposed at the same time, the punishment on the free side, along with the prison detention penalty, must not be more than three months.
The existing recognised units shall pay for the recognised ones also under this Act.
The provisions which contravene the provisions of this Law shall be repealed, where applicable; in particular, Government Regulation No 174 / 1939 Coll. on the selection of forest seed and seedlings, and the applicability of Government Regulation No 350 / 1940 Coll., on the conservation and cultivation of heritable trees in the forest, as well as the validity (usability) of decrees issued for their implementation, is hereby repealed.
This Act shall take effect on the 30th day following its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 65 / 1950 Coll., on the Management of Forest Seeds and Seed |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.1950 |
|---|---|
| Effective from | 09.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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