Regulations Governing Forest Registration
1.中華民國八十年四月三十日行政院農業委員會(80)農林字第 0104977 A 號令訂定發布全文 16 條 2.中華民國八十八年六月二十九日行政院農業委員會(88)農林字第 880 30531 號令修正發布第 9 條條文 3.中華民國八十九年十一月二十七日行政院農業委員會(89)農林字第 8 91710205 號令修正發布第 3、6、8、12 條條文
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These Regulations are enacted pursuant to the provisions of the second paragraph of Article 39 of the Forestry Act.
These Regulations apply to the registration of state-owned forests, public forests, and their collateral trees and bamboos.
1Where the forest has been registered pursuant to the Land Act and the Land Registration Regulation, such registration shall govern.
2Where the forest has not been registered pursuant to the Land Act and the Land Registration Regulation, the land descriptions of and the scope of rights in such forest as indicted in the maps and records kept by the competent forestry authority shall govern.
3The maps and records kept by the competent forest authority shall govern with respect to the registration of bamboos and/or trees of forests not used for forestry purposes.
The bamboos and/or trees of a state-owned forest, public forest or private forest shall be filed for registration with the relevant competent forestry authorities.
1The managing administration of the state-owned or public forest shall set up books, records, produce the geographic maps, and operation plan, and register the geographic name, area and the species and quantity of the bamboos and/or trees of such forest. If no objection is raised with authentic evidencing documents within one month after such registration is announced, the managing administration shall report the same to the superior forestry authority for approval and ratification. The same shall apply to changes of registration.
2The agency commissioned to administer and manage a state-owned or public forest shall act in accordance with the preceding paragraph with respect to the registration of the bamboos and/or trees thereof.
1The bamboos and/or trees of a private forest shall be filed for registration by the owner of such forest who shall fill out the application form and submit it with a photocopy of the forest land ownership title deed to the administration office of the hsiang (town, city, district) where such forest is located. Such administration office shall, after conducting the preliminary examination of the application, forward the same to the municipal, county (city) forestry authority for approval and issuance of the registration license. The same shall apply to changes of registration.
2Where the bamboos and/or trees to be registered are managed by a joint venture manager, the application for registration shall be submitted with a photocopy of the joint venture agreement.
The registrar agency of the registration of bamboos and/or trees provided in the two preceding articles shall, by the end of January each year, report the status of registrations entered in the previous year to the National Principal forestry authority("NPA") for record.
The hsiang (town, city, district) administration office shall, within two weeks after receiving the application provided in the first paragraph of Article 6, dispatch personnel to complete the on-site inspection for verification, and publish the application thereafter for a period of one month and, if no objection is raised within said publication period, forward such application to the municipal, county (city) forestry authority for approval.
NPA, and the municipal, county (city) forestry authority may dispatch personnel to provide guidance and/or assistance to hsiang (town, city, district) administration offices with respect to the handling of registrations of bamboos and/or trees.
The registrant of a registered forest shall set up permanent signs around such forest.
A registered forest will be eligible for receiving the relevant guidance and incentives.
The registrant of the bamboos and/or trees of a private forest shall report and submit an application to the original hsiang (town, city, district) administration office for registration of the termination of his/her management of such forest for such administration office to forward the same to the municipal, county (city) forestry authority for approval. In such case, the original registration license shall be returned and cancelled. Notwithstanding, no application for termination of management may be filed if the subject forest has been legally designated as a forest serving forestry purposes or suitable for serving forestry purposes.
1The forest which is deemed a forest managed by the owner of such forest in accordance with the provisions of Article 4 of the Forestry Act shall be filed for registration of bamboos and/or trees thereof as a private forest.
2The lessee of a state-owned forest or public forest shall apply to the lesser agency for registration of the bamboos and/or trees of such forest.
The tax agency concerned shall notify the competent forestry authority to register the forest provided to offset taxes payable.
1The forestry authority at all levels and the hsiang (town, city, district) administration offices shall each establish a forestry registration book for recording forestry registrations.
2The form of the forestry registration book provided in the preceding paragraph and the application form and registration license provided in the first paragraph of Article 6 shall be prescribed by the NPA.
These Regulations shall come into force on the day of promulgation.