Green Space Expansion and Tree Cutting Prohibition Law

Article 1) Cutting of trees is prohibited in the boundaries of cities without the permission of municipalities and in rural areas without the permission of ministry of agriculture and natural resources based on the government announcements, in order to conserve   and develop green space expansion and control illegal tree cuttings.

The regulations of this article for rural areas will be prepared by the Ministry of Agriculture & Natural Resources and the Ministry of Cooperatives & Rural Development.

Note) Tree is defined in this article as any type of trees with the diameter of 50 centimeters.

 Article 2) Municipalities should prepare within 1 year identification papers containing numbers, types and locations of trees subject this law in the boundaries of cities. The above mentioned papers, that will be renewed every five years, shall be the basis for the implementation of this law. The identification papers for designated locations will be formulated as follows:

A)    Municipalities should submit identification papers in 2 copies to the residents of designated locations to fill in the forms.

B)    Municipalities should refer to the residents of designated locations within 3 months and check and verify the forms and submit 1 copy of the forms to the residents.

C)    In case the identification papers were not filled out by the residents the municipalities should, in line with article 3, embark to complete the forms and submit 1 copy to the residents. Municipalities should, upon the receipt of the forms, announce the same to the residents. If the residents/owners do not file a claim within 1 month against the municipalities the identification papers will be approved. Any claim will be dealt with on the basis of article 12 of this law.

Article 3) Ministry of Agriculture & Natural Resources and Municipalities may refer to designated locations randomly to check the locations.

Article 4) Cutting of trees is prohibited in designated locations after the serving of this law, except the owners obtain permit on the basis of the article 12 of this law.

Note1) As of the date of enforcement of this law up to official notice the cutting of trees is prohibited without the permit on the basis of article 12 of this law.

 Note 2) Wooded lands and residential and commercial areas not exceeding 500 square meters are not subject of this law.

Note 3) The number of trees cut will be recorded in the construction permits issued in the framework of mater plan by the municipalities. If the owners do not embark on construction activities after the cutting of trees as specified in the construction permits, he/she will be subject to penalties for stipulated in this law.

Note4) Municipalities are entitled to pay cash prizes to the owners annually for trees planted within cutting prohibition periods in collaboration with Ministry of Agriculture & Natural Resources and Ministry of the Interior after the approval of the cabinet.

Note5) The government will allocate competitive and low interest loans to the relevant individuals to encourage and promote green space expansion in rural and urban areas.

 Article 5) Cutting of trees located in streets, parks .squares as well as roads and highways is prohibited, except on the basis of this law.

Note) Municipalities are held responsible for plantation, conservation and irrigation of trees located in squares, streets and parks.

 Article 6) Ministry of Agriculture & Natural Resources may invest its duties and powers of this law to other ministries, institutions or rural, urban and provincial councils.

Article 7) As for the forest trees and trees located in natural resources, the relevant laws and regulations shall prevail.

Note) Separation of forest lands in the north that has been transferred to the real persons or legal entities based on management plans is totally prohibited. Breach in implementation of the management plans even after the final transfer is not permitted whatsoever and any change in the content of it aimed at improving harvesting methods is dependent upon submitting new management plans and approval of Ministry of Agriculture & Natural Resources.

Any breach of this article leads to the cancellation of the contract and transfer of lands to the government.

Article 8) The rules pertaining to activities of nurseries as well as cuttings and plantations that require cooperation with other nurseries and orchards will appear in the regulations of this law.

Article 9) Individuals that purposely and illegally embark to cut or destroy trees subject to this law as well as the owners of orchards that purposely destroy the trees subject to this law shall be sentenced to imprisonment up to 3 years and cash penalties as follows:

In rural areas: 1000 Rls per tree

In areas mentioned in article 2: 10000 Rls per tree

In areas mentioned in article 5 based on type and diameter of tree: between 1000 up to 100,000 Rls.

Note) The above penalties will not be suspended or changed whatsoever

Article 10) The reports of Ministry of Agriculture & Natural Resources and Municipalities and other state organizations that have been trained as judiciary officers will be considered as the reports of judiciary officers.

 Article 11) Individuals including government agents or otherwise who purposely attribute unreal crimes to someone or produce false reports, shall be sentenced to imprisonment up to 3 years.

Article 12) Ministry of Agriculture & Natural Resources and Ministry of the Interior will be responsible to prepare the regulations and approval of this law in the cabinet.

 
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