The national forest estate is made up of permanent and non-permanent forest estates.
The permanent forest estate consists of land permanently allocated to forest and/or wildlife habitat.
The non-permanent forest estate is made up of forest land likely to be allocated to non-forest uses.
PERMANENT FOREST
Permanent forests or classified forests are those based on the permanent forest estate.
The following are considered as permanent forests;
– State forests;
– Communal forests.
Permanent forests must cover at least 30% of the total surface area of the national territory and represent the country’s ecological diversity. Each permanent forest must be the subject of a management plan by the competent administration.
For the purposes of the present law, the management of a permanent forest is defined as the implementation, on the basis of objectives and a pre-agreed plan, of a certain number of activities and measures, with a view to the sustained protection of forest products and services, without impairing the intrinsic value and future productivity of the forest, and without causing undesirable effects on the physical and social environment.
STATE-OWNED FORESTS
For the purposes of the law, the following are considered to be state forests:
– Protected wildlife areas such as:
– National parks;
– Wildlife reserves
– Areas of hunting interest;
– State-owned game-ranches;
– State-owned zoos;
– Wildlife sanctuaries;
– Buffer zones.
– Forest reserves such as:
– Integral ecological reserves;
– Production forests;
– Protection forests;
– Recreational forests;
– Teaching and research forests;
– Flora sanctuaries;
– Botanical gardens;
– Reforestation areas.
State-owned forests are part of the State’s private domain.
They are classified by a regulatory act which sets their geographical limits and their objectives which may include production, recreation, protection, or multiple objectives encompassing production, environmental protection and conservation of the diversity of the national biological heritage. This act gives the right to establish a land title in the name of the State.
State forest classification takes account of the land-use plan for the ecological zone concerned, where one exists.
Forests subject to classification or classified in accordance with previous regulations remain in the private domain of the State, except where the duly approved land-use plan for the area concerned provides otherwise.
The act of classifying a state forest takes account of the social environment of the indigenous populations, who retain their normal rights.
However, these rights may be restricted if they are contrary to the objectives assigned to the forest. In the latter case, the indigenous populations benefit from compensation in accordance with the terms laid down by decree.
Public access to state-owned forests may be regulated or prohibited.
The classification of a forest can only take place after compensation has been paid to those who have invested in the land, before the administrative classification procedure begins.
A state-owned forest may be subject to a classification procedure in accordance with terms and conditions laid down by decree.
The total or partial classification of a forest can only take place after the classification of a forest of the same category and equivalent area in the same ecological zone.
State-owned forests have a management plan defining, under conditions laid down by decree, the forest’s management objectives and rules, the means to be implemented to objectives, as well as the conditions for the exercise of use rights by local populations, in accordance with the indications of its classification deed.
The management plan, the duration of which depends on the objectives pursued, is revised periodically or as required.
All activities in a state-owned forest must comply with the management plan.
State forests may be subdivided by the forestry administration into forest management units.
forest management units. In this case, the administration draws up a management plan for each of these units.
For the purposes of the present law, a communal forest is any forest that has been classified on behalf of, or planted by, the commune concerned.
The act of classification sets the limits and management objectives of the said forest, which may be the same as those of a state forest, as well as the exercise of the right of use by indigenous populations. This classification gives rise to the right to establish a land title in the name of the commune concerned.
Communal forests come under the private domain of the commune concerned.
The procedure for classifying communal forests is laid down by decree.
Communal forests have a management plan approved by the forestry administration. This management plan is drawn up at the request of the commune authorities, in accordance with the provisions of Article 30 of the law.
Any activity in a communal forest must, in all cases, comply with its management plan.
The implementation of the management plan for a communal forest is the responsibility of the commune concerned, under the supervision of the administration in charge of forests, which may, without prejudice to the provisions of the law on communal organization, suspend the execution of acts contrary to the indications of the management plan.
In the event of default or negligence on the part of the commune, the forestry administration may take over to carry out, at the expense of the said commune, certain operations provided for in the management plan.
Forest products of all kinds resulting from the use of communal forests belong exclusively to the commune concerned.
Urban communes are required to maintain a minimum afforestation rate of up to 800 m2 of woodland per 1,000 inhabitants. These afforested areas may comprise one or more tenants.
Add comment