The Norwegian Forest and Forest Protection Act
Historical archive
Published under: Stoltenberg's 1st Government
Publisher: Ministry of Agriculture
of May 21, 1965 with amendments, latest by L 10.01.1997 from March 1, 1997.
Rules | Date: 11/07/2000
This document is a translation of the Norwegian Forest and Forest protection Act. The translation has been made for informational purposes only.
The Norwegian Government is for the time being preparing a new forestry act, Cf. the latest report on forestry to the Storting (the Norwegian Parliament) St. meld. nr 17 (1998-99) Verdiskaping og miljø - muligheter i skogsektoren (Skogmeldingen).
The Norwegian Forest and Forest Protection Act
of May 21, 1965 with amendments, latest by L 10.01.1997 from March 1, 1997.Date: May 21, 1965
Ministry: The Royal Ministry of Agriculture
Published: ISBN 82-504-1175-7 ( Only published in Norwegian)
Last change: L10.01.1997 no. 7, from March 1, 1997
Contents
Chapter I. Introductory provisions.
Chapter II. The forest Authority.
- Section 4. Supervisory authorities and authority assignments etc. under the Act.
- Sections 5-6. (Repealed by Act no. 41 of June 13, 1980.)
- Section 7. (Repealed by Act no. 77 of June 11, 1976.)
- Sections 8-10. (Repealed by Act no. 41 of June 13, 1980.)
- Section 11. The central administration.
- Section 12. Statements from parties affected by decisions.
- Section 13. Decisions taken by the Forest Service Authority.
- Section 14. Concerning the right to appeal.
Chapter III. Harvesting, afforestation and silviculture and roads and other constructions.
- Section 15. Right of the forest owner to mark trees etc.
- Section 16. Harvesting and Scaling.
- Section 17. Concerning natural regeneration, silviculture and afforestation.
- Section 17a. Concerning roads and other construction etc. in relation to forestry.
- Section 17b. Forest areas of particular value to outdoor recreation and nature protection.
- Section 18. Advance decision.
- Section 19. Notice of harvesting and certain other measures.
- Section 20. Marking of trees.
Chapter IV. Prohibition against and terms of harvesting. Compulsory silviculture. Certain measures etc.
- Section 21. Prohibition against harvesting, terms of harvesting.
- Section 22. Measures when forest is damaged by fire etc.
- Section 23. Remedial measures of inappropriate forest management etc.
- Section 24. Execution of orders.
- Section 25. Amicable agreement.
- Section 26. Relation to the future owner.
- Section 27. Responsibility for execution of silvicultural measures. Security demands.
- Section 28. Measures against insect-, fungus etc.
Chapter V. Forest management plan etc.
- Section 29. Forest Management Plan and Forest Survey.
- Section 30. Mandatory preparation of forest management plan.
- Section 31. Voluntary preparation of forest management plan.
Chapter VI. Protection forest.
- Section 32. The understanding of protection forest and its limitation in reference to this Act.
- Section 33. Harvesting Rules.
Chapter VII. Special rules for certain forests.
- Section 34.
- Section 35. Forest owned by municipalities and counties.
- Section 36. (Repealed by Act no. 25 of June 5, 1987.)
- Section 37. Forest Manager of forests owned by municipalities and counties.
- Section 38. Forest Management Plan for forests owned by municipalities and counties.
- Section 39. Domestic use forest and joint ownership forest as referred to in the Land Act.
- Section 40. Exceptions for small forest.
Chapter VIII. The forest trust fund.
- Section 41. Regarding the obligation to pay into the Forest Trust Fund.
- Section 42. Collection of Trust Funds.
- Section 43. Modifications of the fund payment obligation.
- Section 44. Interest, distrain etc.
- Section 45. The opportunity of the Forest Service Authority to establish fund payment by assessment.
- Section 46. Use and disbursement of the Forest Trust Fund.
- Section 47. Deposited Forest Trust Fund in relation to the concerning forest property.
- Section 48. Forest Trust Fund interests.
- Section 49. Extraordinary Forest Trust Fund contributions.
Chapter IX. Exception clauses.
- Section 50. Conversion of forest land to other purposes.
- Section 51. Time limit for conversion of land.
Chapter X. Penalties
Chapter XI. Miscellaneous provisions.
- Section 53. Payment for marking of trees.
- Section 54. Obligation to submit to inspections and surveys.
- Section 55. (Repealed by Act no. 21 of May 16, 1986.)
- Section 56. Provisions for the implementation of the Act.
- Section 57. Entry into force.
- Section 58. Transitional provisions.
The Norwegian Forest and Forest Protection Act
of May 21, 1965 with amendments, latest by L 10.01.1997 from March 1, 1997.The title of the Act was amended by Act no. 77 of June 11, 1976. - Cf. the Act of June 22, 1863, Sections 11 ff. of the Act of November 29, 1968, - Cf. earlier Act of February 12, 1932, temporary Act no. 12 of December 19, 1952, temporary Act no. 65 of June 16, 1978.
[ Top of page]
Chapter I. Introductory provisions.
Section 1. 1) Objectives of the Act.
The objective of this Act is to promote forest production, afforestation and forest protection. The overall view is that the forestry trade through rational management procedures should secure a satisfactory result for those engaged in forestry and secure an efficient and regular raw material supply for the industry. Emphasis shall also be given to the important values of the forest as a source of recreation for the public, as a major element of the natural scenery, as a living environment for plants and animals, and as areas for hunting and fishing.1) Amended by Act no. 77 of June 11,1976.
Section 2. 1) Definitions.
For the purpose of this Act, «forest land» means land which produces forest 2) or which on an overall farming- and forestry assessment is considered to be most suitable for forest production and is not being used for any other purpose.For the purpose of this Act, «unsatisfactory forest» means forest which, due to damage, unskilled management, or other causes, will give a significantly lower yield than the productive capacity of the land indicates. Unsatisfactory forest also includes forest containing obvious unsuitable species or mixtures of species. Other forest is «satisfactory forest».
«Younger forest» means forest of a significantly lower age than stands which yield the highest average volume. Forest of varying ages within an area shall be counted as younger forest when trees with more than half of its volume are covered by the definition in the preceding period.
The Ministry 3) issues more detailed rules concerning what shall be counted as «significantly lower» according to the second and third paragraphs. 4)
1) Cf.
Section 18
2) Cf.
Section 17
3) The Ministry of Agriculture.
4) See regulation no. 1 of March 14, 1966
established by The Ministry of Agriculture.
Section 3. 1) Scope of the Act.
This Act applies to all forest and forest land. 2) The provisions in Section 50, however, does not apply to areas which according to the Planning and Building Act: 3)a) | Have according to zoning regulation or building plans been designated for other purposes than agriculture or as danger areas. |
b) | Have been allocated in committed areas in municipal development plans, to |
|
Injunction, measures and regulations in reference to Section 28 may be applied also in areas defined as forest or forest land 2) in this Act.
The King may decide that a municipality or part of a municipality may be fully or partially excepted from the provisions of the Act.
The provisions of the Act shall not apply insofar as they may infringe the Sami rights. 4)
1) Amended by Acts no. 76 of December 21, 1979, no.
17 of April 21, 1989- Cf.
Chapter VII.
2) See
Section 2.
3) See Act no. 77 of June 14, 1985.
4) Cf. Acts no. 31 of June 9, 1972, and Section 13
of Act no. 49 of June 9, 1978.
[ Top of page]
Chapter II. The Forest Authority.
Section 4. 1) Supervisory authorities and authority assignments etc. under the Act.
According to this Act, the Forest Authority shall consist of:- The Municipal Authority.
- The County Agricultural Board, being superior to the Municipal Authority, and
- The Ministry 2) under whose jurisdiction this Act belongs, as the highest supervisory authority.
The Administration in each municipality shall hold necessary professional skill in forestry. The Ministry shall issue further regulations in this regard, and may make an exception from the requirement of professional skill.
The Ministry may issue further regulations regarding the assignment between the Forest Service Authorities and the Administration to make decisions and make statements pursuant to the Act, Cf. the Land Act, Section 3, after which agricultural matters also fall under the County Governor.
1) Amended by Acts no. 41 of June 13, 1980,
no. 96 of June 11, 1993. and no. 23 of May 12, 1995
2) The Ministry of Agriculture according to Royal
Decree of June 25, 1965.
5) Cf.
Section 14.
Sections 5-6. (Repealed by Act no. 41 of June 13, 1980.)
Section 7. (Repealed by Act no. 77 of June 11, 1976.)
Sections 8-10. (Repealed by Act no. 41 of June 13, 1980.)
Section 11. The central administration.
The Ministry under whose jurisdiction this Act belongs, 1) is ultimately responsible for supervising the implementation of and compliance with the Act. It shall as such exercise the necessary control of subordinate forest supervision authorities 2) and issue the instructions and orders it finds necessary to ensure the best possible results of their activities.The Ministry 1) may impose on the subordinate supervisory authorities other duties relating to forestry than those mentioned in this Act.
1) The Ministry of Agriculture.
2) See
Section 4.
Section 12. Statements from parties affected by decisions.
Before the Forest Service Authority 1) takes a decision, persons affected by the decision shall be given the opportunity to state their views, if they have a known domicile in the realm or an authorised representative with such a domicile. In other cases, too, persons concerned shall be given the opportunity to state their views if this may be done without any substantial delay or inconvenience. The statement must be made within a reasonable deadline set by the Forest Service Authority.If the Authority finds it necessary to take immediate action, it may irrespective of the preceding paragraph take a provisional decision at once, in which case, however, a final decision must be taken as soon as circumstances permit.
1) See Section 4.
Section 13. 1) Decisions taken by the Forest Service Authority.
The person concerned shall be notified in writing of a decision taken by the Forest Service Authority. 2) If the decision is not delivered in person, it shall be sent to him by registered mail.If the decision made by the Forest Service Authority 2) involves specific measures to be implemented, a time limit shall be set for such implementation. 3)
1) Amended by Act no. 54 of June 19, 1969.
2) See
section 4.
3) Cf. sections
17 and
24.
Section 14. 1) Concerning the right to appeal.
Decisions made by the Municipal Authority 2) may be appealed to the County Agricultural Board 3) unless the Ministry 4) decides that the County Governor 5) shall be the court of the appealing instance. Public environmental protection- and outdoor recreation authorities have the right to appeal against decisions affecting interests in their sphere of authority.1) Amended by Acts no. 54 of June 19, 1969, no. 77
of June 11, 1976, no. 41 of June 13, 1980, no. 26 of May 11, 1984
and no. 96 of June 11, 1993.
2) See
section 4.
3) See section 4
4) The Ministry of Agriculture.
5) See section 4.
[ Top of page]
Chapter III. Harvesting, afforestation and silviculture and roads and other construction. 1)
1) Heading amended by Act no. 77 of June 11, 1976.Section 15. 1) Right of the forest owner to mark trees etc.
Provided that a forest owner in the opinion of the Forest Service Authority 2) manage his forest in accordance with the forest management principles in this Act and complies with the relevant provisions issued in pursuance of the Act, he himself shall have the right to mark the trees and manage his forest.1) Amended by the Act no. 77 of June 11,
1976.
2) See
Chapter II.
Section 16. 1) Harvesting and Scaling.
In younger 2) satisfactory forest, 3) harvesting must only be such as is conducive to the further favourable development of the forest with regards to production and quality. Other harvesting- for instance felling for regeneration purposes- must only be carried out with the permission of the Forest Service Authority.In other forest, thinning or felling for regeneration purposes shall be done in such a way as to promote the future production or revegetation of the forest. Trees to be retained or adjacent forest must not be unnecessarily exposed to damage or destruction during felling and extraction.
Harvesting shall be planned and performed with due regard to the natural environment and outdoor recreation (cf. the third period of Section 1.) It shall be arranged for that the continued public use of foot paths, cross country skiing tracks and other rights of way are not unduly interfered with after the harvesting has been completed.
Should the Forest Service Authority 4) discover that a forest owner has planned, initiated or carried out any felling for regeneration purposes, including clear cuts, in such a way or to such an extent that it must be assumed to have a distinct negative effect on the future harvest in the district or on the future management of the property, or that it may be assumed to cause an essential harm on the recreational use or to the natural environment (cf. the third period of section 1) the Ministry 5) may on recommendation of the County Agricultural Board 6) prohibit or restrict felling for regeneration purposes on that property for a specific period of time 7 )
Harvesting accomplished in accordance with a marking of trees by the Forest Service Authority 4) shall in any case be regarded as legal in relation to the provisions in this Section.
If nothing else has been decided by the Ministry, buyer or seller shall attend to that all forest products harvested for processing, sale or export are scaled. The Ministry 5) may issue further regulations regarding registration and obligatory report related to such a scaling.
1) Amended by Acts no. 77 of June 11, 1976, no. 41
of June 13, 1980 and no. 94 of June 11, 1993.
2) See
Section 2 third paragraph.
3) See Section 2 second paragraph.
4) See
Chapter II.
5) The Ministry of Agriculture.
6) See
Section 4 note
3).
7) Cf. Sections
26 and
52.
Section 17. 1) Concerning natural regeneration, silviculture and afforestation.
Forest land, cf. the first paragraph of Section 2, that presently is not producing forest, but has been producing forest during the last 20 years shall, by means of silvicultural methods or other efforts that secure the regeneration, be attempted to be restored into productive condition within a reasonable time limit as conditions permit.If the owner of forest land as mentioned in the first paragraph, has not after 2 years complied with a written request from the Forest Service Authorities 2) about steps to be taken in accordance to the first paragraph, the Forest Service Authority may order 3) that measures shall be accomplished for a certain amount from the available Forest Trust Fund 4) plus any national grants that may be added, and furthermore decide that an amount shall be reserved from the available Forest Trust Fund 4) to cover expenses related to the measures. Should the owner fail to meet the deadline set (cf. the second paragraph of Section 13) for carrying out the measures ordered, and the Ministry 5) after consulting the Forest Service Authority 2) finds no reason to extend the deadline, the Ministry 5) may decide that the Forest Service Authority 2) shall arrange for the measures to be carried out. Reimbursements may be required deducted from the Funds that according to the rules above are available for this purpose.
If a district contains larger areas of forest land (cf. the first paragraph of Section 2) that has not been producing forest during the last 20 years and is currently still not producing forest, or if there are larger areas where change of tree species is clearly desirable, the Forest Service Authority 2) shall endeavour to prepare an afforestation plan for the district. In this connection co-operation should be established between the agricultural authorities and the landowners to ensure that the land as far as possible is utilised either for farming purposes or forest production.
By recommendation from the County Agricultural Board 6) the Ministry 5) may refuse or issue conditional permission for afforestation of non forested land, alternating species, constructing drainage, and applying fertilisers or pesticides to the extent it finds necessary to prevent substantial damage or inconvenience to outdoor recreation or to the natural environment (cf. the third period of Section 1), including pollution of important water resources.
The Ministry may issue further regulations governing the regulation of seed and seedlings in the forestry sector, and issue supplementary provisions on what is to be understood as forest producing land in relation to this Act.
1) Amended by Acts no. 77 of June 11, 1976, no. 41
of June 13, 1980, no. 26 of May 11, 1984 - Cf. Section 18, and no.
96 of June 11, 1993. - Cf. Section 18.
2) See
Chapter II.
3) Cf.
Section 52.
4) Cf.
Section 46.
5) The Ministry of Agriculture.
6) See
Section 4, note
3)
Section 17 a. 1)Concerning roads and other construction etc. in forestry.
The Ministry 2) may establish regulations governing road planning and road construction and other permanent works and technical encroachments in relation to forestry, including a provision deciding that plans for such construction and encroachments may not be accomplished unless the plan previously has been submitted to and approved by the Forest Service Authority. 3) The regulations may also contain a provision deciding that the Forest Service Authority 3) may refuse to approve such a plan if it detects that its realisation will reduce the possibility of arriving at other more appropriate overall solutions or seriously impair outdoor recreation or the natural environment (cf. the third period of Section 1).1) Added by Act no. 77 of June 11, 1976.
2) The Ministry of Agriculture.
3) See
Chapter II.
Section 17b. 1) Forest areas of particular value to outdoor recreation and nature protection.
Regarding forest areas of particular value for outdoor recreation and nature protection, the King may due to these interests establish further regulations that, in addition to such restrictions that otherwise are justified by the Act, may include other and more extreme forestry restrictions. The King stipulates the boundaries of the areas where the regulations may apply. The regulations may include bans or restrictions against clear-cuts, felling of certain species or types of trees, harvesting of wooden vegetation in certain areas, the use of larger off-road harvesting machinery, forest road construction and other projects, measures and operations related to the logging and management of the forest that may cause significant damage or inconvenience to outdoor recreation activities or significant harm to the natural environment (cf. the third period of Section 1). Similarly, the regulations may include an obligation on forest owners in the relevant area to report without further request to the Forest Service Authority 2) about any plans and operations included by the regulations.The Ministry 3) may establish temporary regulations as referred to in paragraph one. The regulations applies until the case has been settled by the King, however not exceeding 3 years.
Regulations and area delimitation pursuant to this Section shall be published in Norsk Lovtidend 4) and in one or more newspapers which are generally read in the district.
1) Added by Act no. 77 of June 11, 1976.
2) See
Chapter II.
3) The Ministry of Agriculture.
4) Cf. Act no. 53 of June 19, 1969.
Section 18. Advance decision.
A forest owner who has planned or already started harvesting may obtain the Forest Service Authority's 1) decision on which category a particular stand or a particular area shall be considered according to Section 2 or Section 17.1) See Chapter II.
Section 19. 1) Notice of harvesting and certain other measures.
If the Forest Service Authority 2) finds it necessary to monitor the compliance of this Act, it may - in areas where the measure is not subject to compulsory notice in pursuance of Section 17 b - instruct 3) forest owners to furnish a written notice within a time limit as specified of;a. | planned 4) harvesting, including information about harvesting area, harvesting system and estimated volume to be harvested and the size of the clear-cut area(s) if clear cutting is planned. |
b. | planned drainage construction, afforestation on non-forested land and change of species, fertilisation or use of pesticides and herbicides including information concerning the location and the extent of the measure. |
Notice as mentioned in the first paragraph may be omitted when the measure is accomplished in accordance with a forest management plan approved by the Forest Service Authority 2) unless decided otherwise by the Forest Service Authority. 2)
The Ministry 5) may issue regulations related to compulsory notices for cutting of Christmas trees.
The Ministry 5) may issue regulations related to compulsory notices for the application of harvesting machines and regulations for their use.
1) Amended by Acts no. 77 of June 11, 1976, no. 40
of June 13, 1980 and no. 96 of June 11,1993.
2) See
Chapter II.
3) Cf.
Section 52.
4) Cf.
Chapter V.
5) The Ministry of Agriculture.
Section 20. Marking of trees.
Marking of the trees or other distinct methods of selection of the trees shall be accomplished prior to felling.The Ministry 1) issues more detailed regulations on how marking or other forms for selection shall be accomplished and on the duty of the Forest Service Authority 2) to supervise marking.
1) The Ministry of Agriculture.
2) See
Chapter II.
Chapter IV. Prohibition against and terms of harvesting. Compulsory silviculture. Certain measures etc.
Section 21. 1) Prohibition against harvesting, terms of harvesting.
If the Forest Service Authority 2) detects that harvesting has been carried out in conflict with this Act or with regulations issued pursuant to the Act, or that such harvesting has been initiated, the Forest Service Authority 2) may prohibit 3) marking 4) or harvesting prior to marking by the Forest Service Authority 2). The Forest Service Authority 2) may, in lieu of such prohibition as mentioned, issue terms 3) of harvesting that require specific silvicultural activities to be made within a given time limit.If this in the opinion of the Forest Service Authority is essential, further harvesting may be partially or completely prohibited for a certain period.
1) Cf. Sections
26 and
52.
2) See
Chapter II.
3) See
Section 52.
4) Cf.
Section 20.
Section 22. 1) Measures when forest is damaged by fire etc.
When forest is damaged by fire, wind felling, landslides, attacks by rodents or insects, the following rules shall apply:- An insurance company or another that is liable to compensate for the damage, is obliged to pay the Forest Service Authority 3) compensation for replanting and up to 30 % of the remaining compensation in accordance with more detailed guidelines established by the Ministry 2). The Forest Service Authority may to ensure regeneration order that the amount, or part of it, shall be used on silvicultural tasks following more detailed instructions made by the Authority. If such order only refers to part of the amount, the surplus is paid to the policy holder. The part of the compensation to be used on silvicultural tasks shall be deposited in a separate bank account. The amount including interest may at the permission of the Forest Service Authority 3) be withdrawn as the prescribed silvicultural tasks are accomplished.
- Where it otherwise may not be expected that satisfactory regeneration may be reached by other methods within a reasonable time, the County Agricultural Board 4) may order that silvicultural measures shall be accomplished by utilising a certain portion of the amount on deposit in the Forest Trust Fund 5) plus any possible public grant.
2) Ministry of Agriculture.
3) See Chapter II.
4) See Section 4, note 3).
5) Cf. Section 46.
Section 23. 1) Remedial measures of inappropriate forest management etc.
- If forest as a result of harvesting or other reasons is in such condition that the circumstances for the forest productivity and for germination or growth, either by natural or artificial regeneration, evidently is unsatisfactory, 2) the County Agricultural Board 3) may:
a) order silvicultural measures to be accomplished, including the clearing of regeneration areas, using a portion of the deposited Forest Trust Fund 4) plus any possible public grant, and further decide that a certain portion of the Forest Trust 4) fund shall be retained to cover the expenses of the work to be done. b) order felling to be accomplished to promote the revegetation and the growth of the young forest if the local harvesting conditions permits financially viable operations. - If the forest is badly damaged by decay that obviously significantly reduces its value, 2) the County Agricultural Board may, where the local operating conditions are financially viable, order the felling of damaged trees to the extent considered necessary to prevent further deterioration. Equal consideration applies where the forest has such great age that there is an evident risk of a larger amount of trees dying if felling is not accomplished.
- If the drainage system is not maintained in forest where it is previously issued public grants for proper establishment of a drainage system on bogs where this establishment is feasible or on swampy forest land, and if it may be assumed that the area in the future once more may turn into wetland if the drainage system is not maintained, the County Agricultural Board 3) may order the forest owner to execute needed maintenance corresponding to the amount issued as public grant for the establishment of the drainage system, plus a certain amount on deposit in the Forest Trust Fund. 3)
2) Cf. Section 2.
3) See Section 4 with note 3) .
4) Cf. Section 46.
Section 24. 1) Execution of orders.
If the forest owner exceed the appointed time limit (Cf. the second paragraph of Section 13) for the execution of the measures ordered pursuant to Sections 22 and 23, and the Ministry 2) after opinion from the County Agricultural Board 3) finds no reason to extend the time limit, the Ministry 2) may decide that the Forest Service Authority 4) shall have the measures carried out. The expenses may be claimed from the funds that according to Section 22 or Section 23 are available for the purpose.1) Amended by Act no. 41 of June 13, 1980. - Cf.
Section 26.
2) The Ministry of Agriculture.
3) See
Section 4 with note
3).
4) See
Chapter II.
Section 25. 1) Amicable agreement.
Prior to issuing orders to fell, execute silvicultural tasks etc. according to Sections 22 and 23, the Forest Service Authority 2) shall attempt to reach an amicable agreement with the forest owner concerned regarding the work to be done and the time limit established. Such an agreement must be entered into in writing to be valid.If the forest owner fails to comply with the amicable agreement, Section 24 shall apply correspondingly.
1) Cf.
Section 26.
2) See
Section 4 with note
3).
Section 26. 1) Relation to the future owner.
Decision pursuant to the fourth paragraph of Section 16, Sections 21- 24 and 27- 28 ( cf. the second paragraph of Section 17 ) is even without registration mandatory for the future owner of the forest. Decision as referred to in the first paragraph may however be forwarded for registration in the register of deeds relating to this property. 2) Equal consideration applies to amicable agreements as mentioned in Section 25. When such registration is made, the agreement is mandatory for the future owner as well.1) Amended by Act no. 26 of May 11, 1984.
2) Cf. Act no. 2 of June 7, 1935, Chapter 2 and
3.
Section 27. 1) Responsibility for execution of silvicultural measures. Security demands.
The forest owner is responsible for executing silvicultural measures according to this Act. If a second person is entitled to harvest in the forest when the decision about silvicultural measures are decided, the Forest Service Authority 2) decides who is responsible. The owner is liable to the Forest Service Authority 2) for the expenses related to the silvicultural work. If harvesting is done by a second part or at the expense of a second part, this second part is liable to the Authority for the expense related to silvicultural measures needed as a result of his harvesting. If the Forest Service Authority 2) has made the silvicultural measures mandatory to harvesting, it may in certain circumstances if regarded needed, demand that adequate security for the expenses is placed in advance. The Forest Service Authority may in such case prohibit harvesting until the security as demanded has been furnished.1) Cf. Sections
26 and
52.
2) See
Chapter II.
Section 28. 1) Measures against insect-, fungus etc.
When there is due to fire, wind felling, landslide or other causes, fear of extensive damage to forest by insect- or fungus attack, the Ministry 2) may initiate the public measures needed for combating the attacks irrespective of the forest ownership.On the terms mentioned in the first paragraph, the Ministry 2) may decide that a forest owner shall 3) execute such felling and removal of wood from his forest which is considered necessary to combat the attack. The forest owner may demand that the Forest Service Authority 4) free of charge marks the trees that are ordered felled of this reason. If voluntary arrangements are not made or if especially rapid action is needed, the Ministry 2) may order 3) forest owners jointly to construct roads for removal of such wood. Further regulations about the execution of the measure and the obligation of each individual to participate in the measure in proportion to the individual advantage may be included in the order made.
The Ministry 2) may through regulations decide that forest owners by order shall 3) initiate other relevant measures to combat insect attacks and prevent damages by insects, including placing wood for collecting and traps for catching harmful insects.
If the measures ordered are not executed within the time limit appointed, the Forest Service Authority 4) may execute the measure at the expense of the forest owner.
The Ministry 2) may through regulation issue decisions governing cleaning- and thinning, treatment of wood residues from felling and treatment, extraction and storage of un-barked wood and other measures that may prevent insect- or fungus attacks, including the duties of the owner and buyer, possibly buyer of standing timber, in this respect.
Prior to the Ministry making the decision referred to in the second paragraph, the economical forest owner associations with members who will be affected by the regulations shall have the opportunity to express their views. 5) The Ministry 2) may however initiate preliminary steps immediately if considered needed to prevent extensive damages.
The expenses related to measures referred to in the first paragraph are covered by the authorities, and may be funded by the accrued interest from the Forest Trust Fund. 6) The Ministry 2) may order the forest owner to cover the expenses through measures referred to in the second and third paragraph. Expense that is not voluntary paid and nor as referred to in the fourth sentence of the fourth paragraph of Section 46, is basis for distraint. 7)
Forest owners are entitled to compensation for possible losses following measures referred to in paragraph one or orders referred to in the second and third paragraph. In this connection, the benefits gained by the forest owner through measures executed by the public authorities or by measures that he himself has been ordered to execute shall be considered. In default of an amicable agreement, the compensation amount is determined by legal official assessment. 8)
Regulations referred to in this paragraph may be issued separately for certain limited areas.
1) Amended by Acts no. 77 of June 11, 1976, no. 12
of April 27, 1979, no. 41 of June 13, 1976 and no. 86 of June 26,
1992 and no. 96 of June 11, 1993 - Cf. Sections
3,
26 and
52.
2) The Ministry of Agriculture.
3) See
Section 52.
4) See
Chapter II.
5) Cf.
Section 12.
6) Cf.
Section 48.
7) Cf. Act of «tvangsfullbyrdelse», Chapter
7.
8) Cf. Act no. 1 of June 1, 1917.
[ Top of page]
Chapter V. 1) Forest Management Plan etc.
Section 29. 1) Forest Management Plan and Forest Survey.
For the purpose of this Act, a forest management plan means a plan for the management and the operation of a forest property or part of such a property.For the purpose of this Act, a forest survey means those registrations which are necessary to prepare forest management plans and regional summaries.
A forest survey may be made including all forest within an area even if forest management plans are not ordered by each individual prior to the survey.
1) Amended by Act no. 96 of June 11, 1993.
Section 30. 1) Mandatory preparation of forest management plan. 2)
The County Agricultural Board 3) may order 4) that a forest management plan shall be made for a forest or part of a forest when:a. | a violation of Section 16 of this Act exists. |
b. | an order on felling or silvicultural measures is issued pursuant to Section 22 or Section 23. |
c. | the Forest Service Authority 5) under the terms of legislation or decision by the Ministry 6) shall execute marking of the trees in the relevant forest for at least 10 years. |
The forest management plan shall be submitted to the County Agricultural Board 7) for approval within a time limit decided by the Board. 7) The forest owner is obliged to adhere to the provisions in the approved forest management plan in the period decided by the County Agricultural Board. 3)
1) Amended by Acts no. 41 of June 13, 1980 and no.
96 of June 11, 1993. - Cf.
Section 52.
2) See
Section 29.
3) See
Section 4 with note 3).
4) See
Section 52.
5) See
Chapter II.
6) The Ministry of Agriculture.
Section 31. 1) Voluntary preparation of forest management plan. 2)
The Forest Service Authority 3) may in the following instances demand that an extract of a voluntary established forest management plan shall be submitted to the Authority within a time limit specified:- When there is good reason to believe that the management of the relevant forest not is in accordance with the rules in Section 16, or it is good reason to believe that orders referred to in Sections 21, 22 or 23 may be needed.
- When a forest owner pursuant to the regulations established in Section 20 has demanded or requested that the Forest Service Authority shall do the marking of the trees.
2) See Section 29.
3) See Chapter II.
[ Top of page]
Chapter VI. Protection Forest.
Section 32. 1) The understanding of protection forest and its limitation in reference to this Act.
The Ministry 2) may decide that forest - or certain types of forest - shall be considered as protection forest when it may serve as protection against avalanches and landslides, flooding rivers, flood damage, sand drift or similar or as special protection for other forest, cultivated land or settlement. Equal terms applies to forest that due to its location near the mountains, near the ocean or far up north has such difficult regeneration conditions or such slow growth that it may be destroyed by mismanagement or wrong harvesting procedures.The Ministry 2) prepares boundary proposals following the express of opinion from the Forest Service Authority 3) and the County Agricultural Board 4) on how the boundaries should be established. The proposal from the Ministry 2) is to be sent to the Municipal Council itself for opinion. If the proposed boundaries involves several municipalities, the matter shall be submitted to the Municipal Council in all municipalities involved. The relevant Municipal Council(s) shall make the proposal available for the public at least 4 weeks after being published according to normal procedures for municipal matters.
The proposal, together with the opinion of the Municipal Board, is then forwarded to the Ministry 2) which makes the final decision on the boundaries.
The boundaries shall - if needed - be marked in the field. The expenses related to marking that has been ordered by the Ministry 2) shall be refunded with 3/4 by the State and 1/4 by the relevant municipality.
Certified copy of the at any time existing provisions on protection forest boundaries shall be available at the relevant office of the lensmann* or the Chairman of the Municipal Council.
1) Amended by Act no. 41 of June 13, 1980 and Act
no. 96 of June 11, 1993.
2) The Ministry of Agriculture.
3) See
Section 4 with note
2).
4) See
Section 4 with note
3).
* An official person with police and other
responsibilities in rural districts.
Section 33. 1) Harvesting Rules.
Unless the Forest Service Authority 2) has decided otherwise, all felling in protection forest 3), with the exception of the felling of firewood for domestic use, 4) shall be reported in advance to the Forest Service Authority 2) within a time limit established. Any trees to be felled must be marked by the Forest Service Authority 2) or by a person authorised by the Forest Service Authority. 2)It is the duty of the forest owner to utilise dry (dead), wind felled or trees damaged by other means including tops and residues useable prior to requesting healthy trees to be marked for domestic use. Equal duties are imposed on the person that has the right of using wood for domestic purposes.
Cutting of branches from coniferous and broad-leaved trees must only be applied on trees to be felled within one year. The Forest Service Authority 2) may make exceptions to this rule.
In other respect the rules as referred to in Chapter III apply to protection forest as far as they may correspond.
1) Cf.
Section 52.
2) See
Chapter II.
3) See
Section 32.
4) Cf.
Section 39.
[ Top of page]
Chapter VII. Special Rules for Certain Forests.
Section 34. 1)
To the extent that the Ministry 2) does not make any other decision, this Act also apply to state common lands 3) and other public forests under the administration of civil servants, and to rural common lands 4) which are administered by rules approved by the Ministry 2) or the person authorised by the Ministry.The Ministry may issue special rules about contributions to and payments from the Forest Trust Fund 5) regarding wood to be sold, assessed or delivered from forests as mentioned in the first paragraph.
1) Cf.
Section 3.
2) The Ministry of Agriculture.
3) See Chapter 4 of Act of June 22, 1863.
4) See Chapter 2 of the same Act.
5) See
Chapter VIII.
Section 35. 1) Forest owned by municipalities and counties.
The provisions in Section 34 apply to forest owned by municipalities and counties correspondingly. Such forest shall, however, be supervised by the relevant County Agricultural Board 2) and the Ministry. 3)The Municipal Council may decide that municipal forest shall be administered by a board, and that a position as a Forest Manager 4) shall be established in the municipality. The County Council may adopt equal decisions relevant to the county forests.
1) Amended by Acts no. 41 of June 13, 1980 and no.
25 of June 5, 1987.- Cf.
Section 3.
2) See
Section 4 with note
3)
3) The Ministry of Agriculture.
4) Cf.
Section 37.
Section 36. (Repealed by Act no. 25 of June 5, 1987.)
Section 37. 1) Forest Manager of forests owned by municipalities and counties.
The Forest Manager 2) shall in co-operation with the forest board manage the silvicultural and operational aspect of the forest based on sound forestry and economical principles in accordance with the forest management plan 3) of the forest. The Forest Manager shall in addition keep the operational account for the forest unless otherwise decided. More specific arrangements concerning the duties of the Forest Manager are established by the Municipal Council, or the County Council respectively.1) Amended by Acts no. 25 of June 5, 1987,
no. 96 of June 11, 1993, no. 7 of January 10, 1997
2) See
Section 35, second paragraph.
3) See
Section 29.
Section 38. 1) Forest Management Plan 2) for forests owned by municipalities and counties.
Forest Management Plan shall be prepared for forests owned by municipalities or counties. The Ministry 3) provides further regulations for the preparation of such plans, including the smallest size areas exempted from Forest Management Plan preparation.1) Amended by Act no. 96 of June 11, 1993.
2) See
Section 29.
3) The Ministry of Agriculture.
Section 39. Domestic use forest 1) and joint ownership forest as referred to in the Land Act.
The Ministry 2) may make exceptions to the provisions in this Act on domestic use forest established pursuant to the Act of June 9, 1939 on domestic use forest and joint ownership forest established pursuant to Section 29 of the Act of March 18, 1955 on farming establishment.1) Cf.
Section 33.
2) The Ministry of Agriculture.
Section 40. Exceptions for small forest.
The Ministry 1) may in relation to a county or part of a county decide that forest properties within a certain size shall be excepted from this Act or from some of its provisions.1) The Ministry of Agriculture.
[ Top of page]
Chapter VIII. The Forest Trust Fund. 1)
1) Cf. subsections 1 of Section 34 and 58 and Act no. 4 of Nov. 9, 1956.Section 41. Regarding the obligation to pay into the Forest Trust Fund.
Payment into the Forest Trust Fund shall be made on sales or other transfers of ownership and on expropriation of felled or extracted wood or standing trees, and on the use of wood by the forest owner for other purposes than meeting his own needs for farming- and forestry purposes.The rate of the Forest Trust Fund payment is decided each operating year by the King 1) after the economic forestry organisations have expressed their views. The rate shall in this respect be no less than 2 per cent of the gross value of the wood.
The King 1) may decide:
a. | that the fund payment shall be collected following separate rates in certain districts for certain types of wood and for wood use as further specified. |
b. | that the fund payment within one or more operating years shall not be collected in certain districts; |
c. | that forest owners in certain districts shall make fund payments only if the annual increment of their total forest ownership in the district exceeds a further specified figure. |
The King 1) may decide that payment into the Forest Trust Fund shall be made for wood that is assessed or delivered to the Right-to-use persons on state- or rural common land 2), and decide on the rate of the fund payment.
1) The Ministry of Agriculture, according to Royal
Decree no. 1808 of Nov. 2, 1984.
2) See Chapters 2 and 4 of Act of June 22,
1863.
Section 42. 1) Collection of Trust Funds.
The Ministry 2) issues further rules on calculation and collection of Forest Trust Fund payments, and may in this respect decide that anybody that sell, buy, export, scale, deliver or receive wood liable to duty are obliged 3) to supply such statements and other information considered relevant for the trust fund payment calculation. Buyer, expropriator or selling organisation may be ordered to retain fund payment from the settlement.Buyer, expropriator or selling organisation that contrary to the provisions in force, fail to retain fund payment in settlements with seller or expropriator, are responsible for the fund payment including interest and expenses.
When the Forest Service Authority 4) decides that it is needed, it may demand satisfactory security for in time payment. Harvesting may in this case not take place until the security as demanded is furnished.
1) Amended by Act no. 94 of June 11,1993.
2) The Ministry of Agriculture.
3) Cf. Sections
45 and
52.
4) See
Chapter II.
Section 43. Modifications of the fund payment obligation.
If it appears unreasonable, due to certain circumstances, that fund payments are made, the Ministry 1) may exempt fund payment totally or partially. In addition the Ministry 1) may issue rules to the effect that the fund payment shall no longer apply to a forest owner when his fund payment is less than a further decided amount.The Ministry 1) may excuse a forest owner from payment of due Forest Fund payment when the forest owner - following the terms set by the Ministry - proves that he at his own expense has made silvicultural- or investment work in his forest as approved and corresponding to an amount that at least equals the due fund payment during a time period decided by the Ministry.
Should the Forest Service Authority 2) realise that the current need for such work in the forest where the fund payment is to be used, and future needs may be met by anticipated future fund payments, the fund on deposit may be repaid to the forest owner in accordance with rules established by the Ministry. 3)
1) The Ministry of Agriculture.
2) See
Chapter II.
3) See subsection 1 of
Section 58 .
Section 44. 1) Interest, distrain etc.
The Ministry 2) may decide that interest shall be charged on overdue fund payment. The fund payment is the basis of enforcing distrain 3) against any person liable. 10 years after the due date, the fund payment is considered as a barred claim and does no longer apply.1) Amended by Acts no. 86 of June 26, 1992, no. 83
of June 11, 1993.
2) The Ministry of Agriculture.
3) Cf. Chapter 7 of the Penal Act.
Section 45. The opportunity of the Forest Service Authority to establish fund payment by assessment.
If any person liable for fund payment has failed to provide the information as required by the current provisions, 1) the Forest Service Authority 2) may establish the extent of the fund payment by assessment.1) Cf.
Section 42.
2) See
Chapter II.
Section 46. 1) Use and disbursement 2) of the Forest Trust Fund.
The Forest Trust Fund shall be used to promote silviculture, forest production and forest operation to the advantage of the forest from where the wood is supplied, or to the advantage of other forest owned by the forest owner in the same municipality. On approval from the municipality 3) the Fund may be transferred to forest belonging to the forest owner in other municipalities. If the municipality denies approval of such a transfer, the decision may be appealed to the County Agricultural Board 4) if the transfer is related to forest within the county, and to the Ministry 5) when the transfer is related to forest in another county.On felling ordered by the Land Reallocation Tribunal 6), the Tribunal decides which forest to be benefited.
The Forest Authority 7) inform the forest owner on the amounts to be transferred from the Fund revenues on work he proves accomplished etc. and which the Forest Authority has approved.
The Ministry 5) issues further regulations on the use and disbursement of Forest Trust Revenues and on the obligation to submit statement on work accomplished. In this connection the Forest Authority 7) may be authorised to decide that a certain amount of the available Forest Trust Fund of the forest in question, however not exceeding 2 per cent of the gross value of the round wood on which contributions have been levied the past 3 operating years, shall be used on silvicultural work as decided by the Forest Authority in the said forest. The Forest Authority 7) may further be authorised to determine that in the current and the following two operating years, 2 per cent of the future gross value of the round wood on which contributions will be levied, shall be used on silvicultural work in the forest in question. Furthermore, the Forest Authority 7) may be authorised to directly cover expenses on measures which a forest owner has been ordered to do in relevance to Section 28, out of this forest owners Forest Trust Fund account, unless the forest owner at his own initiative has covered the expenses through other arrangements. These provisions shall not prevent the implementation of measures in accordance with subsection 2 of Section 22 and subsection 1 and 3 of Section 23 (cf. the second paragraph of Section 17).
The Ministry 5) may decide that the expenses involved in collection and disbursement of the Forest Trust Fund payments shall be covered by the trust funds.
1) Amended by Acts no. 12 of April 27, 1979, no. 41
of June 13, 1980 and no. 96 of June 11, 1993. - Cf. subsection 1 of
Section 58.
2) See Act of taxes, subsection 2 of Section
48.
3) See note
2) of
Section 4.
4) See note
3) of Section 4.
5) The Ministry of Agriculture.
6) See Section 55 of Act no. 77 of December 21,
1979.
7) See
Chapter II.
Section 47. 1) Deposited Forest Trust Fund in relation to the concerning forest property.
Claims on the deposited Forest Trust Fund shall be a right following the forest concerned and may not be separated from the forest through transfer of ownership, mortgage, claim enforcement or in other ways.The Ministry may issue provisions on distribution of deposited trust funds on transfer of part of the forest property and on other subdivision of such property.
1) Cf. subsection 1 of Section 58.
Section 48. 1) Forest Trust Fund interests.
A forest owner has no rights to the interest of the Forest Trust Fund.Accrued interests shall be used to administer the Forest Trust Fund system and to reimburse possible losses related to the collection of the trust fund payments. To the extent that the interests are not needed for these purposes, they may be used on joint measures and other purposes to the benefit of forestry, primarily within the municipality and county.
The Ministry 2) may issue further regulations on the use and management of the interests.
1) Cf. subsections 1 and 2 of
Section 58.
2) The Ministry of Agriculture.
Section 49. 1) Extraordinary Forest Trust Fund contributions.
In certain operating years the King 2) may decide - after that the economic forestry organisations have been allowed to make their views known - that the forest owners upon application settled by the County Agricultural Board 3) shall have the opportunity to make an extraordinary Forest Trust Fund contribution.The County Agricultural Board 3) may consent to this if realising that the applicant is in need of investments in his forest exceeding what may be accomplished by using the ordinary Forest Trust Fund.
The Ministry 4) may issue further regulations on application procedures.
The King 2) stipulates the size of the extraordinary Forest Trust Fund contributions as a specific fraction - however not exceeding 50 per cent - of the ordinary contribution in force in the operating year in accordance with Section 41.
Forest owners wishing to utilise the accessibility stipulated in the first paragraph, must submit application to the municipality by October 1 following the operating year.
Payment of extraordinary Forest Trust Fund contributions must be made within 14 days after the applicant has received advise on permission.
Equal provisions as being applied to the ordinary Forest Trust Fund payments apply to the payments of the extraordinary Forest Trust Fund and the interests 6).
1) Amended by Act no. 41 of June 13, 1980.
2) The Ministry of Agriculture, in accordance with
Royal Decree no. 1808 of November 2, 1984.
3) See note
2) of
Section 4.
4) The Ministry of Agriculture.
6) Cf. Sections
46-
48.
[ Top of page]
Chapter IX. Exception clauses.
Section 50. 1) Conversion of forest land to other purposes.
Subject to the limitations following decisions pursuant to Sections 17a or 17b, this Act shall not prevent clearing of forest and the land cultivated for farming purposes, or used as housing site, road, gravel pit, industrial site, storage-, loading- or landing site.In coniferous forest however, the permission is needed 2) from the Forest Authority 3) if:
a. | younger satisfactory forest 4) is established on the forest land |
b. | it is the duty of the forest owner, due to injunction or agreement, to perform silvicultural work 5) on the area to secure the reforestation. |
Following permission from the Forest Authority 3) forest land 7) may also be used for other purposes than mentioned in the first paragraph provided that the Authority detects that this purpose has priority to the use of the land as forest land.
Plans to clear forest for purposes as mentioned in the first paragraph shall be submitted in writing to the Forest Authority 3) which shall confirm the receipt of the notification soonest possible. The work may commence after 2 weeks from the dispatch date of the notification, unless the relevant person has received a written notice within this period that the Forest Authority 3) decision must be awaited.
The provision in Section 18 relating to opportunity to request advanced decision applies correspondingly.
1) Amended by Acts no. 77 of June 11, 1976, 26 of
May 11, 1984 and 96 of June 11,1993.
2) Cf.
Section 52.
3) See
Chapter II.
4) See second and third paragraph of
Section 2.
5) See
Chapter V.
6) Cf.
Section 32.
7) See first paragraph of
Section 2.
Section 51. Time limit for conversion of land.
Where the Forest Authority 1) permission is needed to convert land in accordance with the preceding Section, the Forest Authority shall, if it decides to grant permission, stipulate a specific time limit for the work to be done as required by the Authority as a condition of the conversion 2). If this work has not been accomplished within the deadline specified, and the Authority finds no reason for any extension, the Authority may order 2) that the land is restored to forest producing condition and decide what work has to be done, including silvicultural work as mentioned in small letter b of Section 50. The provisions in Sections 25- 27 apply correspondingly.The provision in the first paragraph applies correspondingly where the Forestry Authority 1) permission for conversion is not needed, provided the Forest Authority see any reason for that the conversion will not be accomplished within a reasonable time.
1) See
Chapter II
2) Cf.
Section 52.
Chapter X. Penalties. 1)
1) Heading amended by Act no. 26 of May 11, 1984.Section 52. 1)
Whoever deliberately or negligently violates or participate in violation of the provisions in this Act or any prohibition, order or other provision or regulation issued pursuant to or confirmed by this Act, shall be liable to penalties so far as the violation is not subject to a more severe penalty provision. Complain of violations are not made except on demand from the Forest Authority 3).1) Amended by Act no. 2 of January 26, 1973.
2) Cf. Section 27 of the Penal Act.
3) See
Chapter II.
[ Top of page]
Chapter XI. Miscellaneous provisions.
Section 53. Payment for marking of trees.
It is the duty 1) of the forest owner or other entitled to forest harvesting to pay for marking of the trees, assessments or other similar work accomplished by the Forest Authority 2) for him in the forest unless the Ministry 3) has decided otherwise for the district in question.Further regulations are issued by the Ministry. 3)
1) Cf.
Section 52.
2) See
Chapter II.
3) The Ministry of Agriculture.
Section 54. Obligation to submit to inspections and surveys. 1)
Any forest owner is obliged to submit to such inspection and surveys of property by the Forest Authority 2) as the Forest Authority see necessary to enforce this Act or provisions issued pursuant to or confirmed by the Act. The Forest owner or his representative shall if possible be notified in advance.1) Cf. Section 52 and Section 326 of the Penal
Act.
2) See
Chapter II.
Section 55. (Repealed by Act no. 21 of May 16, 1986.)
Section 56. Provisions for the implementation of the Act.
The Ministry 1) may issue provisions as needed for the implementation of this Act, including the necessary transitional provisions.1) The Ministry of Agriculture.
[ Top of page]
Section 57. Entry into force.
1. | This Act entries into force from such date as the King shall
decide.
1) --- |
3. | From the date the Act entries into force, the Act of Forest Protection of February 12, 1932 and the temporary Act of December 19, 1952 on Forestry Investment Fund are repealed. Provisions issued pursuant to those Acts shall nevertheless remain in force until they are repealed or replaced by new provisions pursuant to this Act. |
4. | From the date the Act entries into force, to the Act of June 9, 1939 on forest for domestic use shall be added - - - |
[ Top of page]
Section 58. Transitional provisions.
- Provisions which according to this Act apply to Forest Trust Fund revenues shall apply correspondingly to silvicultural funds available, which payments are authorised through Section 34 of the Forestry Act of February 12, 1932. The Forestry Investment Trust Fund, with payments pursuant to provisions issued authorised through the temporary Act of December 19, 1952 relating to the Forestry Investment Trust Fund and the temporary Act of June 30, 1947 relating to price regulation and other commercial activities, shall similarly be subject to the provisions which according to this Act apply to Forest Trust Fund revenues.
The provisions in the last paragraph of Section 43 shall nevertheless not apply to Forestry Investment Trust Fund contributions levied for the operating years of 1947- 48 and 1948-49.
Interests on such contributions mentioned in the first paragraph shall be subject to the provisions in this Act relating to interests on the Forest Trust Fund.
- Silvicultural funds established pursuant to the last paragraph of Section 40 of the Act of February 12, 1932 shall be transferred to the Forest Trust Fund interests account and be subject to the provisions in this Act relating to interests on the Forest Trust Fund.
- - -
[ Top of page]