Forest Act No. 289/1995.

Subject

Forestry

Keyword

Framework law Forest management/forest conservation Forestry protection measures Classification/declassification Policy/planning Timber extraction/logging Protection forest Forest service/forest officers Institution Afforestation/reforestation Offences/penalties Authorization/permit Planting material/seeds

Geographical area

Eastern Europe, Europe, Europe and Central Asia, European Union Countries

Entry into force notes

This Act entered into force on 1 January 1996.

Abstract

This Act is composed of the following Sections: Introductory provisions (Sec. 1); Forest preservation (Sec. 2); General use of forests (Sec. 3); Assumptions of sustainable forest management (Sec. 4); Forest management (Sec. 5); Licenses (Sec. 6); Support of forest management (Sec. 7); Management of state forests (Sec. 8); Sanctions (Sec. 9); Common and transitional provisions (Sec. 10). The purpose of this Act is to determine conditions for the preservation, tending and regeneration of forests as national riches, to enable the fulfilment off all their functions and to support sustainable forest management. In case of state forests, the rights and duties of the owner of the forest under this Act shall apply to the legal entity which has been entrusted with the management of such forests, unless provided otherwise by this Act. Legal acts required for the management of forests shall be valid only with the previous consent of the Ministry of Agriculture. Forests shall be divided into three classes according their prevailing functions, in particular into protection forests, special purpose forests and commercial forests. Section Two provides for forest preservation, in particular record-keeping and allotment of plots, protection of land assigned for the fulfilment of forest functions, withdrawal of plots of land from forestry and withdrawal fees. Section three deals with the general use of the forest, namely with the prohibition of certain activities in the forests, compensation for damages to forests, safety of persons and property. Preconditions of sustainable forest management are provided for in Section Four. Regional plans of forest development are tools of the state forest policy and recommend the principles of forest management. Forest management plans are instruments of the owner of the forest and are prepared, as a rule, for a period of 10 years. To enable the establishment of the state of the forests and the execution of state administration, forest management guidelines shall be prepared for forests of an area under 50 hectares in the ownership of individuals or legal entities if no plans are prepares for such forests. Guidelines are prepared, as a rule, for a period of ten years. Plans ad guidelines may be prepared only by legal entities or individuals who hold a licence for such activities. Article 28 provides for forest survey to be executed on declaration by the government by way of an order which specifies the extent and method of forest survey. Section Five deals with forestry activities, in particular with reforestation using certified seeds and planting materials, felling and clear cutting, forest protection, timber harvesting, reclamation and torrent control in forests, management in protection forests and special purpose forests. Part Two of Section Five lays down provisions regarding forest managers who may be an individual or a legal entity holding a licence for such activities issued by the relevant state forest administration body in accordance with Section Six of this Act. Section Five provides also for forest wardens and forest management records. Forest owners shall be obliged to keep forest management records to show the compliance with the binding provisions of the plan, and records of forest regeneration carried out in individual stands. Section Six provides for licensing. Promotion of forest management is dealt with in Section Seven. Promotion shall be made by the state through the provision of services or funds. Section Eight regulates state forest administration. It shall be carried out by district offices and the Ministry. The Ministry of Environment shall supervise the compliance by state administration bodies, individuals and legal entities with the provisions of this Act, regulations adopted thereof and decisions adopted on the basis thereof. It shall be entitled to impose measures to eliminate any revealed deficiencies. Section Nine provides for sanctions in case of an offence.

Full text

Czech

Website

www.zakonyprolidi.cz

References - Legislation

Implemented by

Decree on forest economic planning.

Legislation | Czechia | 1996

Keyword: Forest management/forest conservation, Public forest, Policy/planning

Source: FAO, FAOLEX

Decree on the application for and issue of forest farm licences.

Legislation | Czechia | 1996

Keyword: Authorization/permit, Registration

Source: FAO, FAOLEX

Decree on way of calculating expenses of forest farmers in cases in which the activities are financed by the State.

Legislation | Czechia | 1998

Keyword: Subsidy/incentive, Agro-forestry, Forest management/forest conservation

Source: FAO, FAOLEX

Decree amending the Decree on the application for and issue of forest farm licences.

Legislation | Czechia | 2003

Keyword: Authorization/permit, Registration

Source: FAO, FAOLEX

Decree no. 55/1999 on assessment of level of damages caused to forests.

Legislation | Czechia | 1999 (2023)

Keyword: Forest management/forest conservation

Source: FAO, FAOLEX

Decree on the elaboration of territorial plans for the development of forests.

Legislation | Czechia | 1996

Keyword: Forest management/forest conservation, Public forest, Policy/planning

Source: FAO, FAOLEX

Decree on the classification of seeds and seedlings of forest species and laying down provisions on afforestation and reforestation of lands.

Legislation | Czechia | 1996

Keyword: Forest management/forest conservation, Afforestation/reforestation, Forest species, Classification/declassification, Registration

Source: FAO, FAOLEX

Decree laying down details on the protection of lands assigned to function as forests.

Legislation | Czechia | 1996

Keyword: Forest management/forest conservation, Protection forest, Afforestation/reforestation, Forestry protection measures, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX

Decree on the delimitation of forest areas according to levels of pollution.

Legislation | Czechia | 1996

Keyword: Forest management/forest conservation, Zoning

Source: FAO, FAOLEX

Decree on transfer of seeds and seedlings of forest species and records on reproductive material origin, and laying down rules on reforestation and afforestation of forest lands.

Legislation | Czechia | 2004

Keyword: Afforestation/reforestation, Forest species, Registration, Planting material/seeds, Forest management/forest conservation

Source: FAO, FAOLEX

Regulation on forest inventory.

Legislation | Czechia | 2009

Keyword: Inventory, Data collection/reporting

Source: FAO, FAOLEX

Decree on forest management records.

Legislation | Czechia | 2021

Keyword: Forest management/forest conservation, Policy/planning, Afforestation/reforestation, Environmental planning, Data collection/reporting

Source: FAO, FAOLEX

Decree on details of the transfer of forest reproductive material, on records of the origin of reproductive material and details on the restoration of forest stands and on the afforestation of land.

Legislation | Czechia | 2021

Keyword: Afforestation/reforestation, Forest species, Registration, Planting material/seeds, Forest management/forest conservation

Source: FAO, FAOLEX

Decree on the elaboration of regional plans for the development of forests.

Legislation | Czechia | 2018

Keyword: Forest management/forest conservation, Public forest, Policy/planning

Source: FAO, FAOLEX

Amended by

Act amending the Act on integrated prevention and some other acts.

Legislation | Czechia | 2006

Keyword: Environmental planning, Access-to-information, Legal proceedings/administrative proceedings, Policy/planning

Source: FAO, FAOLEX

Act amending the Forest Act.

Legislation | Czechia | 2000

Keyword: Forest management/forest conservation, Timber extraction/logging, Offences/penalties

Source: FAO, FAOLEX

Act no. 76/2002 on integrated prevention.

Legislation | Czechia | 2002

Keyword: Pollution control, EIA, Basic legislation, Access-to-information, Authorization/permit, Data collection/reporting, Ecofriendly products/ecofriendly processes, Effluent waste water/discharge, Environmental fees/charges, Freshwater pollution, Hazardous substances, Hazardous waste, Inspection, Institution, Monitoring, Registration, Soil pollution/quality, Standards, Waste management, Waste prevention, Enforcement/compliance, Offences/penalties, Protection of environment

Source: FAO, FAOLEX

Act no. 167/2008 on the prevention of ecological damage.

Legislation | Czechia | 2008 (2019)

Keyword: Basic legislation, Liability/compensation, Polluter pays principle, Protection of habitats, Data collection/reporting, Soil pollution/quality, Freshwater pollution, Groundwater, Surface water, Pollution control, Ecosystem preservation, Wild fauna, Wild flora

Source: FAO, FAOLEX