Laws Information

法規資訊
Title: Regulations Governing Disposition Of Forest Products Of State-owned Forests
Am Date: 2013-12-06
Legislative History: Articles 14, 15 amended, promulgated on December 6, 2013 by the Council of Agriculture, Executive Yuan Order (102) Nong-Lin-Wu-Zi No. 1021742932

Transaction

Amendment

Article 14
Forest products falling into any of the following may be approved for cutting and harvesting by way of special approval:
1. Forest products which are to be used to serve the purposes of management by the relevant managing administration.
2. Forest products which are to be used for forestry experiment/research purposes.
3. Forest products which are required by the government for performing disaster-resulted emergency repair work.
4. Bamboos, trees and bamboos shoots which are to be harvested for purposes of reforestation on leased forest land or conservation of the bamboo forest.
5. Additional materials which must be cut and harvested in the course of the lumbering operation and such fact is verified.
6. Bamboos and trees which must be removed to facilitate the lumbering operation, reforestation, mining survey, mining, quarrying and public construction work and such fact is verified.
7. Bamboos and trees which must be removed to facilitate the reforestation and cultivation work to be performed by the aborigines and such fact is verified.
8. Forest products which are required by the aborigines to meet the needs of their production activities or for building dwelling and/or making furniture and/or farming utensil for private use (hereinafter "materials for aborigines’ private use").
9. Forest products which must be removed on site by the public business institution to facilitate the public construction work.
10. Forest products which are by-products or to be used for medical purposes.
11. Forest products which are required by the relevant government agency for repairing or building an office or public facilities in the mountainous region (hereinafter "materials used for public facilities in mountainous region").
12. Forest products which are salvaged bamboos and/or trees.
The object of the special approval provided by reason of subparagraphs 7, 8 or 11 of the preceding paragraph shall be such and only such bamboos and/or trees within the aboriginal reservation land and the harvester must obtain the relevant certificate issued by the administration office of the hsiang (township, city, district) concerned.
The special approval provided in the first paragraph shall not be governed by the restriction set out in the annual cutting/harvesting plan provided in the first paragraph of Article 5. Notwithstanding, the restriction set out in the relevant annual cutting/harvesting plan provided in the first paragraph of Article 5 shall govern where the bamboos in the bamboo forest provided in subparagraph 4 exceed 20,000 in number, and where the timber volume of such blocking wood to be removed to facilitate reforestation as provided in subparagraphs 6 and 7 exceeds 30M3 per hectare or the blocking bamboos exceed 20,000 in number.
The managing administration shall grant the special approval provided in subparagraph 10 of the first paragraph according to the production season. Each approval shall be for up to ten and only ten compartments. Where there are two or more applicants for the same special approval, the disposition shall be conducted by way of bidding or price comparison.Indigenous persons, tribes or registered aboriginal groups in the compartments have the priority of price competition or price negotiation.
In subparagraph 12 of the first paragraph, the applicants of indigenous persons, tribes /registered aboriginal groups or indigenous people, who registered and reside in the township (city, district) where driftwood located, must provide relevant identification and documents required for the use of traditional culture, rituals or personal use issued by the administration office of the township (city, district). The qualified applicants have the priority ,by special approval, to gather driftwood of a certain percentage of particular timber species.
The particular timber species and quantity shall be announced by the management authorities.

Article 15
The special approval provided by reasons of subparagraphs 1, 2, 3, 8 or 11 of the preceding paragraph may be granted free of charge, provided that the cutting and harvesting to be conducted under subparagraph 1 of the foregoing artical is to serve educational or exhibition purposes only.
The special approval according to subparagraphs 12 of the first paragraph of the foregoing article, the indigenous persons, tribes or registered aboriginal groups shall gather driftwood free of charge and only for the purpose of traditional culture/rituals or personal use.The managing administration may by special approve sell to the harvester the blocking bamboos/wood cut by such harvester in accordance with subparagraph 6 of the first paragraph. Notwithstanding, where the price for such forest products as determined by the managing administration is a negative amount or less than one tenth of total market price, the harvester shall be required to pay the reimbursement of an amount equal to one tenth of the market price with respect to natural bamboos/trees and equal to the reforestation cost with respect to reforested bamboos/trees. In such case, none of such forest products may be moved for utilization.
The blocking bamboos/trees within the aboriginal reservation land shall be provided free of charge to the aborigines as materials for aborigines’ private use. The harvester shall transport the remainder, if any, to the designated place and hand over to the managing administration for handling. The receiving agency shall assess and reimburse the gathering-up and transportation expenses.Above rule apply to driftwood provided to indigenous people for traditional cultural/rituals or personal use that announced according to the fifth paragraph of the preceding article.
No materials provided free of charge as materials for aborigines’ private use or materials used for public facilities in mountainous region or driftwood used for aborigines’ traditional cultural / rituals may be assigned or used for other purposes. A report on the use of such materials,incluuding driftwood, shall be submitted to the local administration office of the hsiang (city, district) for inspection.