Redagavo: Ramun? L??ait? (1996 REPUBLIC OF LITHUANIA LAW ON FORESTRY 22 November 1994 No I-671 (As last amended on 6 November 2012 – No XI-2362) Vilnius CHAPTER I GENERAL PROVISIONS Article
- Purpose of the Law The purpose of the Law on Forestry shall be to regulate forest regeneration, protection and use and create legal preconditions for the management of forests of all forms of ownership on the basis of the uniform principles of sustainable and balanced forestry ensuring rational use of forest resources while supplying raw materials to the industry, the preservation of biodiversity, the enhancement of production in forests, the landscape stability and environmental quality, also the possibility of performing ecological, economic and social functions at present and in the future without causing damage to other ecosystems. Article
- Definitions
- Forest shall mean an area of land of no less than 0.1 ha covered by trees reaching a minimum height of 5 m at maturity in their natural habitat or other forest vegetation, as well as a sparse area of land or an area that has lost its vegetation as a result of human activities and natural factors (worksites, burnt or open areas). Copses found in fields, by roadsides or water bodies, within residential areas and in cemeteries, plantations created within central reservations or railway plantation protected areas, narrow tree strips of maximum 10 m in width, hedges, single trees and shrubs or parks landscaped by man in towns and rural areas shall not be considered a forest. Maintenance, protection and use of such plantations shall be governed by the Law on Green Plantations.
- Stand shall mean the part of a forest characterised by a uniform composition of woody vegetation of various storeys, prevalence of a certain type of trees and vegetation of a similar age and with a common habitat, which make it different from the adjacent parts of the forest.
- Forest land shall mean an area either covered by forest (stands) or not (worksites, perished stands, open areas, forest sapling and seedling nurseries, forest seed orchards and raw shrubs and plantations). Forest land shall also include forest roads, cleared tracts, technological strips and firebreaks, areas taken up by wood yards and forest related facilities, rest areas, wildlife feeding points, and land intended for afforestation.
- Forest class shall mean forest land areas with similar main management goals and management system.
- Urban forests shall mean forests growing within urban territories.
- Forest parks shall mean forests of no less than 3 ha area, including relevant recreational facilities and infrastructure, intensely used for recreational purposes.
- Forest resources shall mean standing timber, resin, stumps and resinous timber, bark, bast and birch bark, sap, Christmas trees, other decorative forest materials, twigs, osier, mushrooms, nuts, berries, fruit, herbs and medicinal raw materials, undergrowth cover, leaves and forest vegetation.
- Standing timber shall mean live trees, deadwood, shelterbelts, windbreaks and other standing woody forest plantation.
- Forest holding shall mean a parcel of land owned and used for forestry practices.
- Forest owners shall mean the state, natural and legal persons or organisations established in foreign countries without the status of a legal person, but having civil capacity according to the laws of the relevant countries, which have acquired forest ownership according to the procedure established by laws.
- Forest managers shall mean forest owners; state forest enterprises, state reserve administrations, national park administrations, municipalities, state enterprises and organisations managing in trust state-owned forest land transferred to them by the resolutions of the Government according to the procedure established by laws for the performance of public functions; other natural or legal persons; organisations established in foreign countries without the status of a legal person, but having civil capacity according to the laws of the relevant countries, which have legally acquired the right to manage private forest land.
- Forest users shall mean legal and natural persons who, according to the procedure established by this Law and other legal acts, have acquired the right to use forest and forest resources.
- State forest officers, including chief state forest officers, senior state forest officers and state forest officers, shall mean state officers of state forest management authorities, state forest control authorities or the Directorate General of State Forests at the Ministry of Environment and contract forest protection officers of state forest enterprises having powers defined by laws. The status of a chief state forest officer, senior state forest officer or state forest officer shall be granted by an order of the Minister of Environment.
- State forest enterprise shall mean a state enterprise, according to the procedure established by laws, managing, using and disposing in trust of state forests and engaged in integrated forestry activities and other types of activity defined in the articles of association of the enterprise.
- Directorate General of State Forests at the Ministry of Environment shall mean an authority for the management of state forests assigned to state forest enterprises, which organises and coordinates the regeneration, maintenance and protection of such forests and the use of forest resources.
- Integrated forestry activities shall mean the activities including regeneration, maintenance and protection of forests, rational use of forest resources and trading in timber and forest resources.
- Forest management shall mean a forestry planning system including forest stocktaking and registration, the analysis of the condition and use of forests and of economic activities and the preparation of forestry organisation and development projects. Article
- Forest Classes and Forest Management Goals and System According to Classes
- Forests are classified according to forest management goals and system and the main functional purpose.
- Class 1 includes forest reserves. These are on-reserve forests and small area reserve forests found in state reserves, national parks and biosphere monitoring areas. The goal of forest management is to let forests grow naturally. No forest harvesting shall be allowed, except as provided by the Law of the Republic of Lithuania on Protected Areas and the regulations of relevant reserves.
- Class 2 includes special-purpose forests. It is further subdivided as follows: 1) category A, including forests of ecosystem protection. Forests within landscape, swamp, pedological, botanical, forest genetic, zoological and botanical-zoological sanctuaries and sanctuaries of the same types established in national parks and biosphere monitoring areas, also forests on parcels of land with protected natural resources, anti-erosion forests and other types of forests. The goal of forest management shall be to preserve or restore forest ecosystems or their individual components. Stands damaged by natural disasters or biotic factors and those in poor sanitary condition shall be subject to sanitation harvesting or clear-cutting. Stands at maturity may be subject to major logging; 2) category B, including recreational forests. These are forest parks, urban forests, forests within recreational areas of national parks, recreational forest plots and other forests intended for recreational purposes. The goal of forest management is to create and preserve the recreational forest environment. Stands damaged by natural disasters or biotic factors and those in poor sanitary condition shall be subject to sanitation harvesting or clear-cutting. Stands at maturity may be subject to major logging. All types of harvesting shall be allowed for education, sanitation and landscape design purposes. Harvesting, except for stands damaged by natural disasters or biotic factors, shall take place other than during the holiday season.
- Class 3 includes protective forests. These are forests within geological, geomorphologic, hydrographic and cultural sanctuaries and sanctuaries of the same types established in national parks and biosphere monitoring areas, forests of protective areas and other forests. The goal of forest management is to form productive stands able to fulfil the functions of the soil, air, water and human living environment protection. Selective harvesting and small area (up to 5 ha) clear-cutting shall be allowed for education and sanitation purposes, except as provided for in paragraph 6 hereof.
- Class 4 includes commercial forests. These are all other types of forests not classified as forests of class 1 to
- The goal of forest management is the formation of productive stands in compliance with environmental requirements and the continuous supply of timber. All types of harvesting shall be allowed, except as provided for in paragraph 6 hereof. Clear-cut compartments must not be larger than 8 ha, except for the cases of clear-cutting for sanitation purposes.
- The area of sanitation clear-cutting shall not be restricted in forests of class 2, 3 and
- Main clear-cutting shall be prohibited in forests of class 3 and 4 within national parks, except for swamp stands, stands within swampy habitat and stands in poor sanitary condition which may not be improved by way of selective harvesting.
- Individual parts of sanctuary forests may be classified differently according to territorial planning documents.
- The forest classification procedure and standards shall be defined and forests shall be classified by the Government on the basis of the proposal of the Ministry of Environment. Article
- Ownership of Forests and Forests of National Importance
- A forest may be owned by the state, natural and legal persons and organisations established in foreign countries without the status of a legal person, but having civil capacity according to the laws of the relevant countries. Aliens, foreign legal persons and organisations established in foreign countries without the status of a legal person, but having civil capacity according to the laws of the relevant countries shall have the right to acquire a forest according to the procedure established by the Constitutional Law Implementing Article 47
(3)of the Constitution of the Republic of Lithuania. State-owned forests prevail in the Republic of Lithuania in terms of area.
- According to the procedure established by the Government, state-owned land may be rented for recreational or other purposes, except for the organisation of forestry practices.
- A private forest holding or forest land within a private parcel of land used other than for forestry purposes shall not be divided if the area of the private forest holding or forest land within a private parcel of land used other than for forestry purposes is or becomes less than 5 ha, except in the following cases: 1) division of a private co-owned forest holding or forest land within a private parcel of land used other than for forestry purposes, provided that the parcels have been created through the restitution of ownership in the form of co-ownership according to the laws regulating the restitution of citizens’ ownership of the existing real estate. In this case the number of portions of the divided private forest holding or forest land within a private parcel of land used other than for forestry purposes shall not be greater than the number of co-owners indicated in the decision on the restitution of ownership related to the relevant parcel; 2) division of a private forest holding including agricultural areas by dividing such agricultural areas. In this case, two parcels of land – intended for forestry and agricultural purposes – shall be created provided that the area of the parcel used for forestry purposes shall not be less than the area of the forest land before the division; 3) division of a private forest holding or forest land within a private parcel of land used other than for forestry purposes, including a legally built dwelling house or a dwelling house with accessories legally built on it and registered in the Register of Real Estate as an individual object of real estate (main property) by creating separate parcels of land – a parcel intended for forestry purposes and a parcel intended for other uses, which is created in order to utilise a dwelling house and its accessories registered in the Register of Real Estate as an individual object of real estate (main property); Paragraph 3 shall be supplemented with point 4 as of 1 January 2013: 4) division of a private forest holding for the purpose of the restoration of a former homestead.
- The Republic of Lithuania shall be an exclusive owner of forests of national importance. Forests of national importance shall mean the following: 1) forests within state reserves, reserves and small area reserves established in national parks, and the Curonian Spit National Park; 2) urban forests; 3) state forest sapling nurseries and seed orchards; 4) forests within the objects of forest research and training and selective seed farming, the areas and boundaries of which are approved by the Government; 5) state forests within the 7 km strip from the Baltic Sea and the Curonian Lagoon, which have not been subject to the restitution of ownership according to the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property; 6) other forests classified by the resolution of the Government as forests of national importance.
- The Government or the Ministry of Environment authorised by the Government shall exercise the rights and fulfil the duties of the owner of state forests.
- State-owned forest land shall be managed in trust by state forest enterprises, state reserve administrations, national park administrations, municipalities and other state enterprises and organisations. Parcels of the state-owned forest land shall be transferred in trust to the above entities by resolutions of the Government to perform public functions according to the procedure established by the Law on Land. Article
- State Forest Management and the Supervision of the Implementation of the Law on Forestry
- State forestry policies shall be defined by the Seimas through legislation.
- The state forestry strategy shall be formulated and state forestry programmes shall be developed by the Ministry of Environment. As part of the state forestry management functions, the Ministry of Environment shall: 1) organise the preparation of the forestry strategy and state forestry development programmes; 2) organise the preparation of and coordinate the implementation of draft programmes for the increase of forest areas, preservation of forest gene pool, landscape and biodiversity in forests, selection work and seed farming, use of forest resources and other draft programmes; 3) draft legal acts on forestry issues; 4) organise and coordinate the inventory of all forests of the country and preparation of forest management projects, also coordinate forest monitoring; 5) organise the national recording of state forests and building up of the state forest cadastre of the Republic of Lithuania; 6) draft annual forest logging norms for state forests; 7) organise international cooperation related to forestry.
- The State Forest Service is an authority organised under the Ministry of Environment to implement the national policy for natural resources, i.e. forest, management delegated to the Minister of Environment. As part of the supervision of the implementation of this Law, the State Forest Service shall perform the following main functions: 1) management of the forest cadastre of the Republic of Lithuania; 2) state forest inventory by way of sampling and recording of forests; 3) state control of the condition, use, reforestation, afforestation and protection of forests of all types of ownership; 4) issue of logging authorisations to forest managers and users according to the procedure established by the Ministry of Environment; Version of point 4 after 1 March 2013: 4) issue of logging authorisations, according to the procedure established by the Ministry of Environment, to forest managers and users, including easement holders, where logging is necessary for the exercise of easement according to documented territorial planning solutions; 5) control of the quality of forest management works; 6) control of the origin, quality, production, trade in and use of the forest reproductive material; 7) selection and approval of forest genetic resources, organisation of the development and maintenance of the basic forest material, also the assessment and control of its origin and quality; 8) control of the use of forest sanitary protection measures; 9) advising forest managers and users on the issues of the use, regeneration, maintenance and protection of forest; 10) other functions defined by other legal acts.
- Forest regeneration, maintenance and protection, also the use of forest resources delegated to state forest enterprises shall be organised and coordinated by the Directorate General of State Forests at the Ministry of Environment. As part of these functions, the Directorate General of State Forests at the Ministry of Environment shall: 1) perform the functions of the authority exercising the rights and fulfilling the duties of the owner of state forest enterprises and coordinating their activities; 2) determine the standards of forest regeneration, protection and management works, required of state forest enterprises; 3) organise the common national framework for fire prevention and sanitary forest protection; 4) organise and coordinate the implementation of advanced technologies for forest regeneration, protection and management and the use of forest resources.
- Private forest shall be restored, managed and used by private forest owners in accordance with this Law, private forest management and use regulations and other legal acts regulating forestry practices, approved by the Government or the Ministry of Environment authorised by the Government taking into account the proposals of private forest owners organisations. According to the procedure established by laws, private forest owners shall have the right of association, the right to form cooperatives or establish undertakings and organisations. The state shall promote and support the development of private forestry and self-management organisations of private forest owners that provide advisory and economic services to forest owners. Cooperatives of forest owners shall have the status of agricultural cooperatives. Article
- Duties, Rights and Social Security Benefits of State Forest Officers
- State forest officers shall perform the following functions: 1) state control of the condition, use, regeneration and protection of forests; 2) organisation and implementation of forest protection against illegal actions, including arbitrary logging, breach of the procedure for the use of forests, pillaging of timber and forest resources, poaching, forest pollution, littering, illegal access to forests, setting fire to a forest and damage caused to forests by cattle; 3) control of how forest managers, owners and users protect forests against fire, pests, diseases and other adverse factors, whether they restore a harvested forest in a timely and proper manner, use a forest in a way that enables them to reduce the adverse environmental impact, manage the forest land/forest in a rational manner, maintain the productive capacity of the soil, preserve biodiversity and observe the provisions of laws and other legal acts; 4) upon the receipt of a notice of breach of this Law and other legal acts governing the use of natural resources, taking of all measures in order to clarify the breach and determine the offenders or, if being unable to do so themselves, informing a competent authority so that it might take measures in order to clarify the breach and determine the offender; 5) advising private forest owners on forestry issues; 6) educational activities related to forestry issues.
- State forest officers shall have the following rights: 1) to have and wear a uniform and distinctive insignia corresponding to the approved model; 2) to stop and inspect transport and documents according to the procedure established by the Government or an institution authorised by the Government in the case of any suspicion that the transport carries timber or other forest resources acquired without any authorisation, issued according to the established procedure, where such authorisation is required according to valid legal acts, or wildlife hunted in breach of legal acts; 3) to request that legal and natural persons present certificates of acquisition and use of forest resources, or, if none available, to require oral and written explanations of actions related to the use of forest resources; 4) according to the procedure established by laws, to take illegally acquired timber, other forest resources or game and poaching tools from persons who have committed an administrative offence; 5) according to the procedure established by laws, to bring persons who have committed an administrative offence to a police station or municipal ward of a rural residential area for the purpose of identification; 6) to stop or prohibit illegal economic activities in a forest holding provided that such activities are carried out in breach of this Law and the provisions of other legal acts and cause damage to the forest; 7) according to the procedure established by laws, to draw up administrative offence reports, impose administrative penalties for violations of the requirements of this Law and other legal acts, as defined by the Code of Administrative Offences; 8) according to the procedure established by the Law on the Control of Arms and Ammunition, to safeguard, keep and carry a firearm, and, according to paragraphs 3 to 9 of this Article, to use a firearm, physical and mental coercion and special measures; 9) state forest officers shall also have other rights granted to them by laws.
- While on duty, a state forest officer shall have the right to use physical coercion (physical force, submission wrestling techniques) and mental coercion (warning of the intention to use physical coercion, special measures or a firearm), also special measures (measures allowed by laws, including truncheons, handcuffs and bonds, self-defence tear gas, measures of forced stopping of a vehicle, electroshock devices and tracker dogs) intended for self-defence, detention of persons or their restraining, where they pose or are likely to pose a threat to the state forest officer, or forced stopping of vehicles): 1) for the purpose of self-defence against life-threatening danger; 2) where a person avoids complying with a lawful request of a state forest officer; 3) in respect of a vehicle, where the driver has not complied with an explicit lawful request of a state forest officer to pull over.
- While on duty, a state forest officer shall have the right to use a firearm: 1) against a person for the purpose of self-defence against any criminal attempt on life, whether actually made or posing an immediate threat; 2) when detaining a person suspected of or having committed a criminal offence, who actively struggles against his detention or refuses to comply with a lawful order to put down the gun or another object that might cause a personal injury; 3) against an animal posing a threat to the officer’s life or health.
- A state forest officer shall have the right to resort to coercion measures only for exigencies of the service and only to the extent required for the performance of an official duty, provided that all possible means of persuasion proved to be ineffective or impossible. The state forest officer shall choose the type of a coercion measure and determine the extent of its use taking into account the specific situation, the type of the offence and individual characteristics of the offender. In the case of coercion, a state forest officer shall make all efforts in order to prevent substantial damage to people and property.
- Prior to resorting to coercion, a state forest officer shall warn of his intention, enabling a person to comply with his lawful instructions, except where a delay poses a threat to the life or health of the state forest officer or another person, or where such a warning is impossible.
- A prompt notice of any coercion used by a state forest officer that has led to the death or injury of a person shall be given to a prosecutor.
- The use of submission wrestling techniques, special measures and a firearm shall be prohibited in respect of women, where their pregnancy is evident, also against persons, where their disability is evident, or minors, where their age is known to an officer or their appearance corresponds to their age, except when they resist in a life-threatening way or in the event of an attack by a group of such persons that poses a threat to human life or health.
- A state forest officer shall have the right to fire from a firearm without jeopardising valuables protected by law, where it is necessary to give an alarm signal, to call for help or to warn of a possible use of the firearm.
- State forest officers and staff of state forest enterprises shall have no right to work under employment contracts, to be promoters or participants of a legal person (shareholders, members, stakeholders, etc.) in private undertakings engaged in logging, timber processing, timber trade or hunting services or engage in other activities prohibited by the laws.
- Compulsory life and health insurance of state forest officers contracted by state forest enterprises to protect forests shall additionally cover accidents related to the performance of defined duties in cases where the provisions of the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases do not apply. Benefit rates shall be defined in collective agreements or employment contracts and may not be less than the rates defined by the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases. Article
- Economic Regulation of the State Forestry
- State forest enterprises shall operate according to the Law on State and Municipal Enterprises, engage in integrated forestry activities in state forests, sell forest products and standing timber and supply services according to the procedure established by the Government or the Ministry of Environment authorised by the Government. For the purpose of the assessment of the capital of state forest enterprises, the value of the land and forest shall not be taken into account. According to the procedure established by the Civil Code and the Government or an institution authorised by the Government and subject to the approval of the management body – the Board – state forest enterprises may enter into a joint venture agreement in order to pool their funds for the acquisition of fixed assets necessary to protect forests against fire, other natural disasters, forest pests, diseases, other factors adversely affecting forests, forest wildlife and vegetation, and of integrated information systems specifically designed for forestry activities. The implementation of joint venture agreements shall be controlled by the Ministry of Environment according to the established procedure.
- According to the procedure established by the Government, state forest enterprises shall be required to pay to the state budget 5 per cent as compulsory deductions of income from the sale of raw timber and standing timber in order to meet general forestry needs. These deductions shall be accounted as state budget revenue and used to fund the Special Programme for Financing General Forestry Needs approved by the Government (forest inventory and recording, development of state forest management projects, organisation and maintaining of a common national framework for fire prevention in forests, regardless of the type of their ownership, response to natural disasters and elimination of massive disease and pest outbreaks, forest research and design, advising and training of private forest owners, creation of organisational private forest owners’ structures, organisation of forest promotion campaigns, funding of programmes implemented by organisations servicing forestry and of other general forestry needs).
- According to the procedure established by the Government, state forest enterprises shall be required to pay to the state budget 10 per cent as compulsory deductions of income from the sale of raw timber and standing timber in order to meet general needs of the state budget. Article
- Individuals’ Access to Forests
- Natural persons shall enjoy the right of free access to forests, except for on-reserve forests, forests within special purpose objects (borderland, military facilities, etc.) and forests of restricted access, as defined by other laws. Individuals may gather fruit, herbs and medicinal raw material, except for plant species included in the list approved by the Ministry of Environment, nuts, berries and mushrooms, also keep bees in hives and apiaries in state forests according to the requirements of this Law, the Law on Environmental Protection and other legal acts.
- On the basis of proposals from state forest enterprises and national park administrations or private forest owners, or in the absence of any proposal, where there are solid reasons (great danger of fire in forests, forest cutting, specialised management areas, protected facilities, necessity to preserve forest resources, forest businesses, etc.), municipal executive authorities may forbid or restrict access of individuals to all forests and their use of herbs, mushrooms, berries and other forest resources.
- Access to forests and the use of forest resources in protected areas is regulated by the Law on Protected Areas and regulations for protected areas approved by the Government or the Ministry of Environment authorised by the Government.
- Boundaries of forests, access to which is forbidden or restricted, shall be marked by information signs posted by forest managers, owners or users. CHAPTER II USE OF FORESTS Article
- Duties of Forest Managers, Owners and Users
- Forests shall be managed according to the principle of continued operation in order to ensure regular supply of timber and other forest resources, maintaining the annual or periodical balance between the increment of timber stock and the extent of its use.
- Forest managers, owners and users shall protect forests against fire, pests, diseases and other adverse factors, regenerate cut down forests in a timely and appropriate manner, use forests in such ways that would help to reduce the negative impact on the environment, rationally manage forest land/forest, maintain the productive capacity of the soil, preserve biodiversity, observe the requirements of the laws and other legal acts.
- Forest users shall put in order forest areas disturbed as a result of forest use in order to suit them for the intended purpose, preserve forest roads, drainage systems and other technological equipment and respect the rights and legal interests of forest managers, owners and other users.
- In state forests, forest managers and users shall observe the Rules for the Allocation and Sale of State-Owned Standing Timber. The rules shall be approved by the Government. In state forests, timber operators shall, within the periods indicated in the forest use permit, including their extension, clear the forest and remove the timber production. Subject to a request of a timber operator, the period of cutting and removal of the timber production shall be extended for up to 6 months. After the expiry of the defined period, including the extension, standing timber and remaining raw timber shall free of charge pass to the forest manager. The determination of periods of forest cutting and removal of timber production is regulated by the Rules for the Allocation and Sale of State-Owned Standing Timber.
- Forest owners shall observe this Law, the Regulations for Private Forest Management and Use, other legal acts and compulsory parts of the forest management plan, including the decadal norm of major logging, reforestation and environmental requirements.
- Cutting and use of other forest resources without a permit issued according to the established procedure shall be prohibited, where such a permit is required according to applicable legal acts.
- According to the procedure established by the Ministry of Environment and the Department of Statistics, private forest owners shall provide information and statistical data about forestry activities carried out in their holdings.
- The procedure for measuring, recording and marking of roundwood shall be established by the Ministry of Environment. Article
- The Right of Forest Managers, Owners and Users to Use Forests and Forest Resources
- Private forest owners shall acquire the right to use forests with the receipt of a document confirming the ownership of a parcel of land. Regulations for Private Forest Management and Use shall be approved by the Government taking into account the proposals of private forest owners' organisations.
- Forest managers and users shall have the right to use forests and forest resources (for the purposes of logging and preparation of other forest resources, research, training, apiculture, cattle grazing, protection of natural complexes and other purposes which are consistent with laws) according to the procedure established by the Government or the Ministry of Environment authorised by the Government. In cases provided for by this procedure, the right to engage in logging and preparation of other forest resources shall be acquired upon obtaining permits of the prescribed form. The right may be exercised until the death of the person who is issued a permit, expiry of a permit as a result of the reorganisation or winding-up of a legal person or recognition of a permit invalid according to the established procedure.
- The rights of forest managers, owners and users shall be protected by laws. Violated rights shall be restored and damages paid according to the procedure established by laws and other legal acts. The rights of forest managers, owners and users may be restricted according to the procedure established by laws in the interests of the public, environmental and forest protection. Article
- Conversion of Forest Land to Areas Used for Other Purposes
- The procedure for the conversion of forest land to the areas used for other purposes shall be established by the Government. Forest land may be converted to areas used for other purposes only in exclusive cases defined by this Law: 1) installation of facilities of national importance; 2) creation of engineering infrastructure areas covering communications passageways, engineering networks, transport communications and serve facilities; 3) creation of areas intended for public purposes and areas of common public use; 4) creation of areas of material extraction, where the extraction of such materials is not possible on non-forest land; 5) creation of national defence areas intended for state border control and special needs of national defence; 6) creation of areas for waste storage, sorting and handling, where the formation of such areas is not possible on non-forest land; Paragraph 1 shall be supplemented with point 7 as of 1 January 2013: 7) restoration of former homesteads on private forest land according to the procedure established by the Government. The right to restore a lost homestead, the fact of former presence of which is determined according to archival documents, or, if none available, by establishing a legal fact, shall only be granted to former homestead owners and/or their statutory first-degree, second-degree or third-degree heirs.
- The conversion of forest land to areas intended for other uses shall be prohibited in relation to the following: 1) forests of class 1; 2) forests of ecosystem protection, class 2; 3) forests within sanctuaries and forests within the areas of national reserve protection, class 3; Version of point 3 after 1 January 2013: 3) forests within sanctuaries and forests within the areas of national reserve protection, class 3, except as defined in point 7 of paragraph 1 of this Article; 4) other forests within the distance of one kilometre from the Baltic Sea and the Curonian Lagoon, recreational forests of class 2 and forests of class 3 within water body, field and national park protective areas, except as defined in points 1, 2 and 3 of paragraph 1 of this Article, where the construction or development of relevant facilities is planned according to general plans developed and approved according to the procedure established by the Law on Territorial Planning and the planned conversion of forest land to areas used for other purposes is not in conflict with the territorial planning documents of national parks or biosphere reserves and biosphere test ground regulations or if so determined in the planning documents of these protected areas. Version of point 4 after 1 January 2013: 4) other forests within the distance of one kilometre from the Baltic Sea and the Curonian Lagoon, recreational forests of class 2 and forests of class 3 within water body, field and national park protective areas, except as defined in points 1, 2 and 3 of paragraph 1 of this Article, where the construction or development of relevant facilities is planned according to general plans developed and approved according to the procedure established by the Law on Territorial Planning and the planned conversion of forest land to areas used for other purposes is not in conflict with the territorial planning documents of national parks or biosphere reserves and biosphere test ground regulations or if so determined in the planning documents of these protected areas. Prohibitions and restrictions set forth herein shall not apply in the case of the conversion of forest land to areas used for other purposes as defined in point 7 of paragraph 1 of this Article. Version of point 4 after 1 March 2013: 4) other forests within the distance of one kilometre from the Baltic Sea and the Curonian Lagoon, recreational forests of class 2 and forests of class 3 within water body, field and national park protective areas, except as defined in points 1, 2 and 3 of paragraph 1 of this Article, where the construction or development of relevant facilities is planned according to general plans developed and approved according to the procedure established by the Law on Territorial Planning or special plans for projects of special national importance and the planned conversion of forest land to areas used for other purposes is not in conflict with the territorial planning documents of national parks or biosphere reserves and biosphere test ground regulations or if so determined in the planning documents of these protected areas. Prohibitions and restrictions set forth herein shall not apply in the case of the conversion of forest land to areas used for other purposes as defined in point 7 of paragraph 1 of this Article.
- The conversion of forest land within national parks, biosphere reserves and biosphere test grounds to areas used for other purposes shall be allowed only for the needs related to the protection, management or adjustment of protected areas to the public needs and their use for recreation, if planned according to the planning documents of these protected areas and consistent with the regulations of national parks, biosphere reserves and biosphere test grounds. Version of paragraph 3 after 1 January 2013:
- The conversion of forest land within national parks, biosphere reserves and biosphere test grounds to areas used for other purposes shall be allowed only for the needs related to the protection, management or adjustment of protected areas to the public needs and their use for recreation, if planned according to the planning documents of these protected areas and consistent with the regulations of national parks, biosphere reserves and biosphere test grounds. These restrictions shall not apply in the case defined in point 7 of paragraph 1 of this Article.
- The conversion of forest land to areas used for other purposes shall be allowed within forests excluded from paragraphs 2 and 3 hereof if the cases defined in points 1 to 6 of paragraph 1 of this Article are provided for in general plans prepared and approved according to the procedure established by the Law on Territorial Planning. Version of paragraph 4 after 1 March 2013:
- The conversion of forest land to areas used for other purposes shall be allowed within forests excluded from paragraphs 2 and 3 hereof if the cases defined in points 1 to 6 of paragraph 1 of this Article are provided for in general plans prepared and approved according to the procedure established by the Law on Territorial Planning or special plans for projects of special national importance, and the planned conversion of forest land to areas used for other purposes is not in conflict with the territorial planning documents of national parks or biosphere reserves and biosphere test ground regulations.
- The conversion of forest land to areas used for other purposes in all cases shall be included in special or detailed plans.
- The conversion of forest land to areas used for other purposes shall be allowed in the forests of national importance only when the Government makes a decision concerning the cancellation of the status of forest areas of national importance for certain forest areas of national importance.
- Where forest land is planned to be converted to areas used for other purposes, the priority shall be given to forest land which is not wooded (worksites, perished stands and open areas), but is covered by stands with poor crown closure, disturbed by natural disasters or thinned otherwise. In all cases due regard shall be paid to the environmental importance of forests.
- Persons initiating the conversion of forest land to areas used for other purposes shall pay to the state budget pecuniary compensation covering the market value of the parcel of forest land converted to areas used for other purposes, costs of planting and growing of a stand on the parcel until the age reached at the moment of the conversion to areas used for other purposes and the value of the lost increment of timber stock, which the stand would accrue until the defined age of basic harvesting, based on the prices of standing timber. The conversion of forest land to areas used for other purposes within forests of class 3 and class 2 requires double and triple compensation respectively.
- Owners of private forest land organising the conversion of private forest land to areas used for other purposes shall, according to the procedure established by the Government, afforest the area of the land they own, which is not smaller than the area converted for other purposes or pay to the state budget pecuniary compensation referred to in paragraph 8 hereof. In the event of the conversion of private forest land to areas used for other purposes within forests of class III and class II, the afforested area should accordingly be at least twice or three times as big as the forest land converted to areas used for other purposes. Version of paragraph 9 after 1 March 2013:
- Owners of private forest land organising the conversion of private forest land to areas used for other purposes shall, according to the procedure established by the Government, afforest the area of the land they own, which is not smaller than the area converted for other purposes or pay to the state budget the pecuniary compensation referred to in paragraph 8 hereof. In the event of the conversion of private forest land to areas used for other purposes within forests of class III and class II, the afforested area should accordingly be at least twice or three times as big as the forest land converted to areas used for other purposes. Users of private forest land, including easement holders, organising the conversion of private forest land to areas used for other purposes shall pay to the state budget the pecuniary compensation referred to in paragraph
- Payments of pecuniary compensations are included in the state budget revenue, accounted under the special Programme for Funding General Forestry Needs and used to finance the acquisition of land planned to be afforested, afforestation and other measures related to forest maintenance, protection and management, as referred to in Article 7
(2)hereof. The procedure for calculation and payment of compensations shall be established by the Government.
- Forest cutting undertaken to meet technological and production needs of forestry (establishment of forest sapling nurseries, road building for forestry purposes, establishment of firebreaks, technological openings, rest areas and timber warehouses, gravel and sand digging in the established manner for other forestry purposes) shall not be considered the conversion of forest land. Article
- Forest Land Drainage and Fertilisation and Road Building on Forest Land
- Forest land drainage and fertilisation and the use of toxic chemicals on forest land may not contradict the Law on Environmental Protection and the appropriate legal acts.
- The maintenance and repairing of forest land drainage systems and forest roads extending over the holdings of a few forest owners and managers shall be done by the managers, owners or users of the relevant holdings according to the procedure established by legal acts.
- The maintenance of forest land drainage systems shall be done and forest roads built using the funds of forest managers, owners and users, the municipality or the Roads Fund. CHAPTER III STATE FOREST CADASTRE OF THE REPUBLIC OF LITHUANIA AND FOREST MANAGEMENT PLAN Article
- State Forest Inventory, Forest Recording and Forest Cadastre
- The purpose of the state forest inventory and forest recording is to determine forest resources and their quality and provide information concerning natural and economic condition of forests. State forest inventory shall be carried out in all forests. As regards the areas of state forest enterprises, national reserves and national parks, not only forest land, but also state-owned land used for other purposes, including agricultural areas, water, etc., shall be entered in an inventory and recorded.
- Non-forest land with self-growing trees of no less than 20 years of the average age shall be entered in an inventory and recorded as forest according to the procedure established by the Ministry of Environment and Ministry of Agriculture.
- State forest inventory specialists shall have the right to have access to all forests, make an inventory and obtain information necessary for inventory purposes.
- In the Republic of Lithuania, state forest inventory is made by way of sampling. It is intended for strategic planning of the forestry sector at the state level. A forest parcels inventory is made for the purpose of organisation of forestry on forest land and preparation of forest management plans.
- The procedure for the state forest inventory and forest recording, the content and periodicity are defined by the Ministry of Environment.
- Forests shall be recorded and the State Forest Cadastre of the Republic of Lithuania shall be build up on the basis of the state forest inventory data. This cadastre shall include the overall data about forests, type of their ownership, also the quantity, quality and economic value of forest resources. The content and the procedure of building up of the cadastre shall be established by the Government.
- State forest inventory and recording of both state-owned and private forests shall be financed by the state. Inventory data and records shall be provided to forest owners and managers free of charge according to the procedure established by the Ministry of Environment. The forest parcels inventory and the preparation of forest management plans shall be financed by the state, forest managers and owners. Article
- A Forest Management Plan
- A forest management plan shall mean a document used as a basis for the arrangement of forestry activities and performance of all forest regeneration and use and forest land management works.
- The types of forest management plans are as follows: 1) forest management schemes shall mean special territorial planning documents prepared in respect of the territories of state-owned forest managers and regional territories to determine a common policy for the use of forest land and develop a concept of forest land management. 2) internal forest management plans shall mean forestry activities plans developed in respect of holdings of state-owned forest managers and private forest holdings or forest land within the parcel of non-forest land to establish a specific system of management measures for these holdings.
- Forest management plans shall be developed according to the rules and methodology for the development of such plans, approved by the Ministry of Environment, and their criteria.
- The Ministry of Environment shall determine the content and other aspects of the forest management plan, also the logging age of stands in all forests, taking into account the area of a forest holding or the area of forest land within the parcel of non-forest land. Major logging shall be carried out in mature and overmature forests, also maturing stands in the cases defined in the Logging Regulations. Intermediate logging shall be carried out for the purposes of enhancement of production in stands, improvement of the sanitary forest condition, preservation of biodiversity, use of timber resources, stands reconstruction and other purposes defined by legal acts. The annual norm of major logging shall be established for each forest manager and owner on the basis of the methodology approved by the Ministry of Environment.
- The annual norm of major logging in state-owned forests shall be approved by the Government. The defined annual norm of major logging may not be exceeded, except in cases of natural disasters, where the volume of dry, windfallen, broken, burnt or otherwise disturbed stands at the state level is more than one fourth of the annual norm of harvesting. The overall annual norm of harvesting for all types of forests may not exceed the annual increment of timber stock.
- The extent of intermediate logging in state-owned forests shall be defined by the Ministry of Environment.
- Forest managers holding over 500 ha of forest shall not exceed the annual norm of major logging. The annual norm of major logging may be increased according to the procedure established by the Ministry of Environment in cases of natural disasters provided that it has not been achieved in the years following the year of its approval. Other forest managers and owners, without prejudice to the requirements of logging regulations, may deviate from the annual norm of logging if the decadal norm of logging is observed.
- Forest management plans and forest inventory shall be made by natural and legal persons according to the procedure established by the Ministry of Environment. This procedure shall apply to the centralised collection and processing of forest management data, also the development, coordination and approval of forest management plans. CHAPTER IV FOREST REGENERATION, GROWING AND LOGGING Article
- Reforestation and Afforestation
- The increase of wooded area shall be achieved on the territory of the Republic of Lithuania through the afforestation of non-forest land according to the procedure established by laws and other legal acts. Private non-forest land shall be afforested according to the procedure established by the Ministry of Environment and the Ministry of Agriculture. In the case of the afforestation of non-forest land, the Law on Forestry shall apply.
- Forest managers, owners and users shall, at their own expense, regenerate forests, also preserve and take care of cultivated or naturally growing plantations.
- Reforestation and afforestation shall be carried out using planting stock of the origin and quality that meet the requirements of the Forest Reproductive Material Regulations approved by the Ministry of Environment.
- Reforestation and afforestation shall be achieved through planting or natural growing of forest according to the requirements of Reforestation and Afforestation Regulations approved by the Ministry of Environment. In worksites and burnt areas that need to be reforested or are already regenerating, forest shall be regenerated no later than within three years after their occurrence, while lost cultivated or naturally grown plantations shall be regenerated no later than within two years of the establishment of the fact of their loss. Illegally harvested forest shall be regenerated not later than within one year of the establishment of the fact of illegal logging. A forest shall be deemed regenerated where the quality of cultivated or naturally growing plantations is in conformity with the Reforestation and Afforestation Regulations approved by the Ministry of Environment.
- Upon the completion of reforestation or afforestation, cultivated or naturally growing forest plantations shall be taken care of and protected according to Reforestation and Afforestation Regulations approved by the Ministry of Environment until a young stand is finally formed (up to six years in the case of cultivated or naturally growing deciduous softwood plantations, and up to eight years in the case of coniferous and deciduous hardwood plantations).
- Regeneration of private forests that have not been regenerated within five years shall be organised by the Ministry of Environment at the forest owners’ expense according to the procedure of the Government of the Republic of Lithuania.
- Major logging authorisations shall not be issued to forest managers, owners and users in the event of their failure to regenerate a forest harvested in their holding within the period defined in paragraph 4 hereof. Article
- Growing and Logging Stands
- Measures for growing and maintaining stands are aimed at forming productive forests that are adequate to natural habitat conditions, giving priority to the local species of trees and other plants, mixed forest plantations and mixed stands. Measures regulating growth and maintenance of stands and major or intermediate logging shall be implemented according to the standards and rules approved by the Ministry of Environment.
- Logging for forest cultivation purposes shall be carried out in immature stands in order to increase their productivity and stability and preserve biodiversity. Such logging is intended to control the density and specific composition of stands. Sanitation harvesting shall be carried out to support and improve forest health.
- Harvesting may also be carried out in order to form the landscape, implement biotechnical measures, arrange firebreaks, develop sites for technological installations or for other forestry purposes. CHAPTER V FOREST PROTECTION Article
- Objectives of Forest Protection The objectives of forest protection include the protection of forests and forest resources against illegal actions, such as arbitrary logging, breach of the procedure for the use of forests, pillaging of forest resources, forest pollution, littering, setting fire to a forest, damage caused by cattle; also the protection of forests against damage caused by wildlife, fire, diseases, pests, other natural disasters and mechanical disturbance of forest soil and trees. Article
- Forest Protection against Fire and Natural Disasters
- A common national system of fire prevention measures, including monitoring, preventive and fire safety measures, shall be developed and maintained in forests irrespective of the type of their ownership. This common national system of fire prevention measures shall be developed and its implementation organised by the Directorate General of State Forests at the Ministry of Environment, state forest enterprises and national park administrations in cooperation with municipalities. Forest managers, owners, users and visitors shall observe forest fire safety regulations approved by legal acts.
- State forest enterprises, national parks and municipalities shall allocate funds for the common national system of fire prevention monitoring and fire extinguishing in all forest holdings. Forest managers and owners shall, at their own expense, implement fire prevention measures, such as establishing of firebreaks and camp-fire places, cleaning of disturbed forest, etc.
- In cases of natural disasters, the Ministry of Environment shall have the right to determine special protection measures and measures for managing the consequences of such disasters, which are obligatory to all forest managers, owners and users. Article
- Forest Protection against Diseases and Pests
- Forest managers, owners and users shall comply with forest sanitary protection requirements approved by legal acts and remove from their forest coniferous timber within the defined period or, if left on the site, ensure adequate protection against pests. Forest managers, owners and users shall inform state forest enterprises and national park administrations of the outbreaks of tree diseases and pests.
- Significant pest and disease outbreaks shall be localised and eliminated using public funds and the funds of forest managers and owners. Article
- Forest Protection against Damage Caused by Cattle and Wildlife
- Pasture of cattle on the state-owned forest land shall be forbidden, except in cases defined by the Ministry of Environment. As regards pasture of cattle in private forests, it shall be prohibited on worksites and in young stands under 20 years.
- The number of game wildlife on forest land shall be maintained to ensure the stability of the ecosystem. The number of wildlife in a forest shall be controlled according to the Law on Environmental Protection and other legal acts. Article
- Forest Protection against Pollution Forest protection against pollution, permissible pollution level and payment of damages caused to a forest shall be regulated by the Law on Environmental Protection and other legal acts. Lost or disturbed forests shall be regenerated from the funds of persons responsible for such loss or disturbance, or, if none established, from public funds, the funds of forest managers and owners and other funds. CHAPTER VI RESPONSIBILITY FOR BREACH OF THE LAW ON FORESTRY Article
- Liability Natural and legal persons who have violated this Law shall be held liable according to the procedure established by laws. Article
- Payment of Damages Resulting from Illegal Activities
- Natural and legal persons who have caused damage to a forest, other property or lawful interests of forest managers, owners and users, or to a forest as an object of environmental protection shall fully pay damages or, if possible, restore the original condition. The procedure for calculation of losses shall be established by laws and other legal acts.
- The following shall have the right to lodge a claim for damages caused by illegal activities: 1) forest managers, owners and users whose forest, property or lawful interests suffered damage; and 2) state forest officers, where damage is caused to the forest as an object of environmental protection. CHAPTER VII INVOLVEMENT OF THE REPUBLIC OF LITHUANIA IN INTERNATIONAL COOPERATION ON FORESTRY Article
- Involvement of the Republic of Lithuania in International Cooperation on Forestry Issues Having regard to the principles of sustainable and balanced forestry, the Republic of Lithuania shall enter into treaties on forestry issues and engage in the activities of international forestry organisations. Article
- Application of Treaties Signed by the Republic of Lithuania Where the requirements of treaties signed by the Republic of Lithuania in relation to the use, regeneration and protection of forests differ from those laid down herein, the provisions of treaties shall prevail. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS ______________