How to adjust the national public welfare forest, can the provincial ecological public welfare fores

The competent authorities of forestry at or above the county level shall, in accordance with the plan for ecological public welfare forests, in accordance with the relevant national technical standards and technical regulations, organize personnel to delineate ecological public welfare forests to the hilltop plots, and sign on-site definitions with forest rights owners. The original ownership of the demarcated ecological public welfare forest remains unchanged.

Business content: the management of existing forests and qualified new forests until the regeneration of forests and trees, which is mainly divided into management, tending, transformation and renewal. The use of public welfare forests and the construction of public welfare forest areas must be accompanied by environmental impact assessment when conducting feasibility studies.

How to use:

1. Actively encourage the use of the dominant functions of ecological public welfare forests, such as scientific investigation, positioning observation, experimental research, popular science education, germplasm specimen collection, eco-tourism, species and genetic preservation and natural heritage preservation.

2. Conditionally allow the use of a variety of understory resources for the development of non-wood resources.

3. Strictly control the felling and renewal of public welfare forests, and strictly prohibit felling, tending and transformation activities with the main purpose of producing timber.

Legal analysis: No, according to the provisions of the Forest Law, if the forest land for special purposes is changed to other land, the competent forestry department of the people's ** at or above the county level shall recover the compensation for the forest ecological benefits obtained by the operator, and impose a fine of less than 3 times the compensation for the forest ecological benefits obtained.

Legal basis: Article 46 of the Regulations on the Implementation of the Forest Law of the People's Republic of China Who, in violation of the provisions of these Regulations, without approval, changes shelter forests and special-purpose forests to other forest species without authorization, shall be recovered by the competent forestry authorities of the people's ** at or above the county level from the forest ecological benefits obtained by the operator, and shall be fined less than 3 times the compensation for the forest ecological benefits obtained.

Legal analysis: Yes, but it is necessary for the people's forestry authorities at or above the county level to organize personnel to delineate the ecological public welfare forest to the hilltop plot in accordance with the relevant national technical standards and technical regulations according to the ecological public welfare forest plan, and sign the on-site definition with the forest right owner. The original ownership of the demarcated ecological public welfare forest remains unchanged.

Legal basis: "Guangdong Provincial Forestry Bureau on Guangdong Province Ecological Public Welfare Forest Adjustment Management Measures (Trial)" Article 3 All localities should effectively strengthen the management and protection of ecological public welfare forests, maintain the stability of ecological public welfare forests, and if they really need to adjust (including internal adjustment, reduction, increase, hereinafter referred to as adjustment) of ecological public welfare forests due to planning adjustments, requisition and occupation of forest land, etc., they may submit an application for adjustment.

1) Planning adjustments. Due to the adjustment of the overall land use plan at or above the county level, or the forest land planning adjustment approved by the people at or above the county level or approved by the development and reform department, it is necessary to appropriately adjust the ecological public welfare forest to make the structure and layout of the ecological public welfare forest in the region more reasonable.

2) Requisition and occupation of forest land. If the ecological public welfare forest needs to be adjusted due to the expropriation and occupation of forest land for project construction, it shall be submitted for approval at the same time as the acquisition and occupation of forest land, and the adjustment shall be handled after obtaining the "Approval for the Use of Forest Land".

3) Other situations where it is really necessary to adjust the ecological public welfare forest.

Legal analysis: 1. The forestry administration and ecological public welfare forest management institutions of the forestry administrative departments at the county level send professionals to the site for on-site inspection, submit a written report (explaining the status of the forest and the reasons for felling), formulate the design of felling operations and update afforestation operations, and report to the forestry administrative departments of prefecture-level cities to sign the opinions and report to the provincial forestry bureau.

2. The application materials shall be delivered to the acceptance window, and a notice of acceptance, non-acceptance or supplementation of materials shall be issued and submitted to the applicant for future reference.

3. The Provincial Forest Resources Management Station shall conduct a preliminary review of the felling application materials (such as the felling ecological public welfare forest area is larger and the ecological location is more important, and the Provincial Forestry Bureau shall organize an investigation team to go to the site for investigation and verification), and put forward the undertaking opinions of the Forestry Department.

Fourth, after the Forestry Department signs the opinion, it shall be handed over to the Forestry Administration Department in accordance with the procedures stipulated in the "Guangdong Provincial Forest Felling Management Measures".

5. Report to the person in charge of the bureau for approval. If the felling is approved, a "Harvesting Permit" will be issued; A written reply of disagreement shall inform the reasons for disagreement.

Legal basis: Civil Code of the People's Republic of China

Article 543: The parties may modify the contract by consensus.

Article 544:Where the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed.

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.