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Return back | The Forest Code of Georgia | |
|---|---|
| Document number | 2124 |
| Document issuer | Parliament of Georgia |
| Date of issuing | 22/06/1999 |
| Document type | Law of Georgia |
| Source and date of publishing | LHG, 28(35), 08/07/1999 |
| Expiration Date | 01/01/2021 |
| Registration code | 390.000.000.05.001.000.599 |
| Consolidated publications | |
Consolidated versions (22/02/2019 - 22/05/2020)
LAW OF GEORGIA
THE FOREST CODE OF GEORGIA
Forest is a major element of global ecological importance of the natural environment. It takes a special place in the regulation of the stability of biosphere, as well as in the provision of welfare of states and their populations.
PART I. GENERAL PROVISIONS
Chapter I – General provisions
Article 1 – Scope of the Forest Code of Georgia
The Forest Code of Georgia regulates legal relations associated with tending, protection, restoration and use of the forest fund of Georgia and its resources.
Article 2 – The legislation of Georgia on tending, protection, restoration and use of the forest fund of Georgia
The legislation of Georgia on tending, protection, restoration and use of the forest fund of Georgia is comprised of the Constitution of Georgia, treaties and international agreements of Georgia, as well as Laws of Georgia on Environmental Protection, on the System of Protected Areas, on Fauna, and on Water, and the legislation on Land, this Code and other normative acts of Georgia.
Article 3 – Goals of the Forest Code of Georgia
The goals of the Forest Code of Georgia are following:
a) protecting of fundamental human rights and law enforcement in the field of forest relations;
b) conducting tending, protection and restoration of forests in order to maintain and improve climatic, water regulating, protective, cultural, recreational and other natural useful properties;
c) conducting tending and protection for future generations and regulating harmonized interrelations between unique natural and cultural environment and its specific components thereof including vegetation and wildlife, biodiversity, landscape, cultural and natural monuments located in forest, and the rare endangered plant species of plants, etc.
d) establishing the rights and obligations of forest users in the field of forest relations;
e) meeting environmental, economic, social and cultural needs of Georgia and its population through targeted, comprehensive and rational utilisation of the forest resources, on the basis of their scientifically substantiated potential;
f) establishing the main principles of forest management.
Article 4 – Principles of protection, sustainable development and management of the forests of Georgia
Principles of protection, sustainable development and management of forests of Georgia are based on the Constitution of Georgia, and Declaration on Principles of Sustainable Development of Forest and principles laid down in the Article 5 of the Law of Georgia on Environmental Protection.
Article 5 – Definition of terms used in this Code
Terms used in this Code shall have the following meaning:
a) forest – a part of geographical landscape comprising a set of trees attributed to forest by the legislation of Georgia, and land within their propagation area, as well as shrubs, grasses, animals and other components, which are biologically linked in the process of their development and affecting each other and the environment;
b) the state forest – forest owned by the State;
c) forest fund of Georgia – integrity of forests and their resources owned by state forest fund and forests under different forms of ownership in Georgia;
d) the state forest fund – integrity of state forest of Georgia, as well as lands and resources attributed to these forests by the legislation of Georgia;
e) the state commercial forest fund – the state forest fund, except protected areas of the state forest fund;
f) local forest fund – a part of the state commercial forest fund the legally regulated by local self-governing and governing bodies in accordance with this Code and the legislation of Georgia;
g) secondary wood materials – roots, bark, phloem, woody forage, stump, brushwood, seed and branches;
h) forest relations – relations arising during implementation of forestry measures and forest use;
i) forest user – a person who is authorised by the legislation of Georgia and is using forest;
j) forest management planning – an integral part of the state forest fund inventory system;
k) felling area – a particular area of forest of the forest fund of Georgia with the number of trees determined for felling and with the trees marked for felling;
l) improvement felling – a forestry measure implemented for improving species composition, structure and sanitary condition of forest;
m) illegal felling – cutting trees without permission;
n) forest stand – a part of the forest distinctly differing from the adjacent territory with its composition and structure;
o) forest cultures – forest plants of wood species cultivated by means of seeding or planting;
p) free-growing cultures – free-growing forest cultures cultivated for the afforestation purposes with branches not grown together yet;
q) protective plant – woody plants cultivated for the purpose of soil protection;
r) forest district – territory of the state forest fund allocated for the purposes of optimal organisation of forestry measures;
s) timber harvesting – felling, dragging to the driveway and sorting trees;
t) deleted;
u) subalpine stripe of forest – forest propagation area of 300 meters in width adjacent to the subalpine zone of forest;
v) riparian forest – forests in river basins on a flat relief;
w) undergrowth – integrity of woody and shrubby plant species not in the condition to form canopy of a stand;
x) certification – the verification of conformity of ecological condition of the forest, its resources, forest protection measures, etc. with the international standards by a competent natural or legal person;
y) timber – wood resources on the territory of forest fund of Georgia;
z) social felling – implementation of measures in order to provide population, budgetary organisations, legal entities under public law (including legal entities under public law recognised by the Constitutional Agreement of Georgia) and other persons determined by the Government of Georgia with the forest products for non-commercial purposes in the cases provided for by the legislation of Georgia.
z1) round timber (logs) – wood resources with a diameter over 12 cm (from narrow end) obtained from timber harvesting (including broken and uprooted timber);
z2) timber marking – making inventory of round timber (logs) by putting a special sign in accordance with the rule established by the Minister of Environment Protection and Agriculture of Georgia;
z3) special sign – a sign which certifies a legal origin of round timber (logs) in the cases provided for by the legislation of Georgia and which is registered in a unified database in accordance with the established rule;
z4) sawmill – primary processing facility of round timber (logs);
z5) control sign – an integral part of the special sign which after primary processing of round timber (logs) in a sawmill must be submitted, in accordance with the established procedure, to a state subordinate agency called the Environmental Supervision Department (the Department) of the Ministry of Environment Protection and Agriculture of Georgia (the Ministry) for the purposes of recording and reporting.
Law of Georgia No2919-LHG I, No21, 22. 4.2010, Art. 119
Law of Georgia No 4677 of 17 May 2011 – website, 1.6.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 1672 of 7 December 2017 – website, 14.12.2017
Chapter II – Objects and Subjects of Forest Relationships
Article 6 – Objects of forest relations
Objects of forest relations are the forest fund of Georgia and its resources.
Article 7 – The State as a subject of forest relations
1. In accordance with the legislation of Georgia, the State of Georgia shall be represented by the Ministry, the Department, legal entity under public law – National Forest Agency (National Forest Agency) within jurisdiction of the Ministry, legal entities under public law – the Agency of Protected Areas (the Agency of Protected Areas) within jurisdiction of the Ministry, legal entities under public law – the National Environmental Agency (the National Environmental Agency) within jurisdiction of the Ministry, legal entities under public law – the National Agency of Public Registry (the National Agency of Public Registry) within jurisdiction of the Ministry of Justice, and in the territories of Abkhazia and Ajara Autonomous Republics, appropriate bodies of autonomous republics in legal affairs concerning the state forest fund of Georgia.
2. Authority of the entities representing the State of Georgia in legal affairs related to the state forest fund of Georgia, shall be determined by this Code and other legal acts of Georgia.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 4949 of 24 June 2011 – website, 13.7.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Article 8 – Other Subjects of forest relations
Other subjects of forest relations are the owners of the forest fund of Georgia, the Patriarchate of Georgia and natural and legal persons using the forest fund of Georgia and its resources or implementing forestry measures.
Chapter III – Right of Ownership of Forests of Georgia
Article 9 – Right of ownership of forests of Georgia
1. The forest fund of Georgia may be owned by the State, by the Patriarchate of Georgia, as well as by a natural person or legal entity under private law.
2. The forest fund of Georgia is the state property and the rule of its denationalisation shall be established by the Law of Georgia on the Denationalisation of Forests of Georgia.
3. The state forest fund of Georgia and its resources (except forests privatised in accordance with the legislation of Georgia) shall be transferred for ownership and use in accordance with the rule established by the legislation of Georgia.
Article 10 – General rights and obligations of natural persons and legal entities under private law owning forests
1. General rights and obligations of natural persons and legal entities under private law as the owners of forests shall be:
a) using the forest owned by them in accordance with the rule established by the legislation of Georgia;
b) suppressing illegal ownership or use of the forest or areas of the forest owned by them in accordance with the rule established by the legislation of Georgia and in the case of inflicted damage, claiming for compensation;
c) hiring specialists, consultants and other personnel including forest guards, for managing the forestry , in the minimal quantity determined by the legislation of Georgia;
d) taking measures provided for in the legislation of Georgia in order to prevent or liquidate pests, diseases, fires and all other factors which have adverse effect on forest;
e) disposing of the forest owned by them in accordance with this Code and the rule established by the legislation of Georgia;
f) submitting the information on general condition of forests owned by them and other necessary statistical data to the authorised state bodies in accordance with the established rule;
g) ensuring the provision of rational forestry in the forests;
h) providing necessary working conditions for the workers duly authorised by the State to perform their official duties and submitting them all necessary documents on the forestry and complying with their lawful directions and requests.
2. The powers of the Patriarchate of Georgia on the territory of the forest fund owned by the Patriarchate of Georgia shall be determined by the agreement signed between the State and the Patriarchate of Georgia in accordance with this Code and the legislation of Georgia.
PART II. MANAGEMENT OF THE STATE FOREST FUND
Chapter IV – General Grounds for Management of the State Forest Fund
Article 11 – Competence of the executive bodies of Georgia in the management of the state forest fund
Competence of the executive bodies of Georgia in the field of management of the state forest fund shall include the following:
a) determining and implementing the state policy for management of the state forest fund;
b) coordinating activities in the field of management of the state forest fund;
c) organising and regulating tending, protection, restoration and use of forests and forest resources of Georgia, and providing state control and delegating special authority, and establishing rules for issuing permits for using forest resources;
d) establishing rules for tending, protection and restoration of forests, as well as for importing and exporting forest resources into and from Georgia;
e) implementing of a unified scientific and technical policy in the field of management of the state forest fund, elaborating and approving normative and methodological documents, organising and financing fundamental and applied scientific research;
f) restoring forests damaged by environmental disasters, epidemics and other causes;
g) maintaining the Red Book of Georgia;
h) organising a system for the national registration of the forest fund of Georgia and for the registration of the state forest fund, and establishing rules for forest monitoring and maintenance of cadastre of the state forest fund;
i) signing international agreements and treaties on tending , protection and restoration of forest and the use of forest resources;
j) controlling use of biological and chemical means in order to protect forests;
k) establishment of rules for forest use;
l) financing forest tending, protection and restoration of forests and monitoring expenditures on these activities;
m) establishing rules for restricting, suspending and terminating rights for forest use.
Law of Georgia No 2325 of 04 May 2018 – website, 11.5.2018
Article 12 – Competence of the executive bodies of the Autonomous Republics of Abkhazia and Ajara in the field of management of the state forest fund.
Competence of the executive bodies of the Autonomous Republics of Abkhazia and Ajara in the field of management of the state forest fund shall include following:
a) participating in elaboration of state programmes for tending, protection and restoration of forests and the use of forest resources of Georgia;
b) planning and implementing local measures in the field of tending, protection and restoration of forests and the use of forest resources of Georgia, on the basis of state programmes in agreement with the appropriate bodies of the executive authority of Georgia;
c) participating in financing of tending, protection and restoration of forests and monitoring expenditures for these activities;
d) issuing licences for forest use and signing contracts in accordance with this Code;
e) submitting proposals to appropriate bodies of the executive authority of Georgia for restricting, suspending or terminating rights for forest use;
f) participating in emergency measures against the natural disaster;
g) submitting proposal to an authorised state bodies for changing the borders of the state forest fund.
Article 13 – Competence of local self-government and government bodies in the field of management of local forest fund
Competence of local self-governments and government bodies in the field of management of local forest fund shall include the following:
a) supporting forest tending, protection and restoration and forest fire fighting activities;
b) developing of local programmes for tending, protection and restoration of forests in agreement with the authorised state bodies and facilitating implementation thereof.
c) participating in financing of programs for tending, protection and restoration of forests and monitoring expenditures for these activities;
d) issuing tickets for using local forest fund;
e) submitting proposals to authorised state bodies for restricting, suspending or terminating rights for forest use;
f) participating in emergency measures against the natural disaster;
g) ensuring public environmental education;
h) submitting proposal for changing the borders of the state forest fund land to the authorised state bodies;
i) executing other powers granted by the legislation of Georgia.
Chapter V – Institutional Governance of the State Forest Fund
Article 14 – Division of the state forest fund by the types of institutional governance
By the institutional governance, the state forest fund shall divide into:
a) the protected areas of the state forest fund which cover areas within the state forest fund and areas determined in accordance with the Law of Georgia on the System of Protected Areas;
b) the state commercial forest fund which covers local forest fund as well.
Article 15 – Management of protected areas and their resources of the state forest fund
Protected territories and their resources of the state forest fund shall be managed by the Agency for Protected Areas.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 16 – Management of the state forest fund
1. The state forest fund (except for forests of local importance, protected areas of the state forest fund and forest fund in the territory of the Autonomous Republics of Abkhazia and Ajara) shall be managed by the National Forest Agency within the authority determined by this Code and other legislative acts.
2. Forests of local importance shall be managed by self-governing units through appropriate agencies within the scope of the authority granted by the legislation of Georgia and in compliance with the requirements defined by this Code.
3. Forest fund in the territories of the Autonomous Republics Abkhazia and Ajara shall be managed by appropriate agencies of the Autonomous Republics Abkhazia and Ajara.
Law of Georgia No 1465 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 99
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 4147 of 26 December 2018 – website, 31.12.2018
Article 17 – Management of assigned areas of the state forest fund
1. An area of the state forest fund shall be considered assigned if, in the case of exceptional state necessity, it is managed by the Patriarchate of Georgia or a state institution jointly with appropriate authorised body determined by Article 15 or 16 of this Code in accordance with the legislation of Georgia.
2. An assigned area of the state forest fund shall be allocated and appropriate powers of the Patriarchate of Georgia or a state institution interested in the management of this area shall be defined by the Government of Georgia on the basis of a reasoned proposal of the interested state institution and/or an appropriate body authorised by Article 15 or 16 of this Code.
3. The forest use and the public access may be restricted or fully prohibited in the territory of an assigned area of the state forest fund if this is incompatible with the purpose of allocating an assigned area.
4. Forestry activities in an assigned area shall be managed by an appropriate authorised body determined by Article 15 or 16 of this Code in compliance with the requirements of the legislation of Georgia and taking into account the fifth paragraph of this article.
5. The use of an assigned area by a person holding the right to this area shall be permitted only for caring out activities of restoring and protecting the state forest fund.
6. Deleted.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 1031 of 6 September 2013 – website, 23.9.2013
Chapter VI – Establishing Borders and Division of the State Forest Fund
Article 18 – Establishing borders of the state forest fund
1. Deleted.
2. Deleted.
3. Borders of protected areas of the state forest fund shall be established by the law of Georgia.
4. The rule for establishing borders shall be determined by an ordinance of the Government of Georgia.
Law of Georgia No 1465 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 99
Law of Georgia No 2919 of 8 April 2010 – LHG I, No 21, 22.4.2010, Art. 119
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Article 19 – Division of the state forest fund
1. The state forest fund divides into:
a) area covered with forest;
b) area not covered with forest.
2. Areas referred to in the first part of this article shall be defined by the rule of forest inventory, planning and monitoring which shall be approved by the Government of Georgia.
Law of Georgia No 1412 of 22 April 2005 – LHG I, No 22, 18.5.2005, Art. 156
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter VII – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 20 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 21 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 22 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter VII – Forest Registration, Planning and Monitoring System
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 23 – The state forest fund registration system
1. The of the state forest fund registration shall comprise:
a) identification of conditions, species composition and age structure of forests, and quantitative and qualitative evaluation of resources;
b) identification of endangered, rare, deleted and endemic plants and plants with limited propagation area registered in the Red Book of Georgia;
c) biological, pathological and other kinds of examination of the state forest fund.
2. The registration of the state forest fund shall be carried out by the authorised bodies determined by Articles 15 and 16 of this Code within their jurisdiction. Funds of natural or legal persons may be used to register the state forest fund, on the basis of agreements with them.
3. The rule of registration of the state forest fund shall be established in accordance with the Rule for the Forest Registration, Planning and Monitoring.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No 39, 19.7.2010, Art. 236
Article 231 – The national registration of the forest fund of Georgia
1. The goal of the national registration of the forest fund of Georgia shall be the collection of statistical information on forests of Georgia and their resources, the continuous monitoring of the state of forests and the international reporting on the forest-related data.
2. The national registration of the forest fund of Georgia throughout the territory of the country, irrespective of the territory ownership, including on the territories owned by a municipality and on those in private ownership, may be performed by the Ministry in agreement with the territory owner.
3. The national registration of the forest fund of Georgia based on the agreement with the Ministry may be performed with the funds of a natural person or a legal entity.
4. The rule for the national registration of the forest fund of Georgia shall be defined under the Rule for the Forest Registration, Planning and Monitoring.
Law of Georgia No 2325 of 04 May 2018 – website, 11.5.2018
Article 24 – Planning of the use of the state forest fund
1. The use of the state forest fund shall be planned on the basis of forest registration and forest monitoring.
2. Planning of the use of the state forest fund shall comprise:
a) determining of requirements necessary for using forests on slopes of 30 to 35 degrees;
b) identifying areas of the state forest fund where it is possible to perform final, special, social and improvement felling;
c) implementing measures of forest tending, restoration and afforestation;
d) determining of types, extent and methods of measures to be implemented;
e) identifying forest use areas and quantitative and qualitative evaluation of potential obtainable resources.
3. As a result of planning the use of the state forest fund, a 10-year plan shall be developed for the management and use of forest.
4. Forest management plans shall be developed by the authorised bodies determined by Article 16 of this Code within their jurisdiction, and forest use plans shall be developed by persons who hold a general licence for forest use or a special licence for timber harvesting.
5. The rule for developing forest management and forest use plans shall be established by the rule on forest registration, planning and monitoring.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 25 – Monitoring of the state forest fund
1. Monitoring of the state forest fund is a system of assessment of the state forest fund, and continuous observation analysis and forecast of the dynamics of the condition of state forest fund.
2. Materials of monitoring of the state forest fund shall be reflected in the forest management and forest use plans.
3. Information obtained on the basis of monitoring of the state forest fund shall be delivered to the National Statistics Office of Georgia (Sakstat).
4. Monitoring of the state forest fund shall be carried out by the authorised bodies determined by Article 16 of this Code within their jurisdiction, and by persons who hold a general licence for forest use or a special licence for timber harvesting.
5. The rule of monitoring the state forest fund shall be established by the rule of forest registration, planning and monitoring.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 26 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 27 – (Deleted)
Law of Georgia No 2374 of 6 June 2003 – LHG I, No 19, 1.7.2003, Art. 130
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 28 – (Deleted)
Law of Georgia No 14122295 of 11 December 2009 – LHG I, No 45, 21.12.2009, Art. 326
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 29 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 30 – (Deleted)
Law of Georgia No 14122295 of 11 December 2009 – LHG I, No 45, 21.12.2009, Art. 326
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter IX – Management of the State Forest Fund
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 31 – Special requirements for the management of the state forest fund
Any changes resulting in reduction of the state forest fund shall be substantiated.
Law of Georgia No 1465 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 99
Law of Georgia No 1939 of 3 November 2009 – LGH I, No35, 19.11.2009, Art. 244
Law of Georgia No 2919 of 8 April 2010 – LHG I, No 21, 22.4.2010, Art. 119
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 32 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 33 – Special-purpose use of the state forest fund
1. If necessary or with the purposes of obtaining significant economic benefit, the special-purpose use of the state forest fund may be allowed in accordance with environmental legislation of Georgia.
2. The right to special-purpose use in the state forest fund and protected areas where it is permitted to use forest with special purpose, shall be granted by the Ministry in agreement with parties concerned in compliance with the legislation of Georgia and the requirements of Article 31 of this Code.
3. In the cases provided for in the fifth paragraph of Article 68 and the third paragraph of Article 69, the decision on permitting the special-purpose use of the state forest fund and to carry out special felling in this area shall be made by the Government of Georgia in compliance with the requirements of Article 31 of the same Code.
4. On special-purpose land of the state forest fund, forestry shall be carried out by an appropriate authorised body determined by Article 15 or 16 of this Code, and for special purposes, forestry shall be carried out by forest users in compliance with the requirements of the legislation of Georgia.
5. Legal requirements on special-purpose use of the state forest fund shall be determined by the rule for forest use.
Law of Georgia No 1465 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 99
Law of Georgia No 1939 of 3 November 2009 – LGH I, No35, 19.11.2009, Art. 244
Law of Georgia No 2919 of 8 April 2010 – LHG I, No 21, 22.4.2010, Art. 119
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Article 34 – Allocating lands under the state forests and state forest fund for commercial purposes
1. Creation of nurseries, cultivation of forest cultures, creation of orchards and plantations, construction of forestry roads and allocation of state forest and state forest fund lands for other commercial purposes shall be provided by a body authorised by Article 15 or 16 of this Code.
2. Deleted.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter X – Participation of Representatives of Population and Public Organisations in the Management of the State Forest Fund
Article 35 – Participation of representatives of population and public organisation in the management of the state forest fund
1. Representatives of population and public associations shall be entitled to:
a) receive comprehensive, objective and timely information on the current condition of the state forest fund;
b) participate in all measures of planning the management of the state forest fund at any stage.
2. Participation of the public during management of the state forest fund in the decision-making process determined by the Environmental Assessment Code shall be regulated by the same Code.
3. The State authority entitled to manage the state forest fund shall start public administrative proceedings for determining locations of the state forest fund areas selected in advance and the quantity of wood resources to be cut for a long-term use of forest; The said information shall be published on the website of the state authority entitled to manage the state forest fund.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 900 of 1 June 2017 – website, 21.6.2017
Article 36 – Responsibility of bodies authorised for managing the state forest fund
1. In the cases provided for by Article 35 of this Code, bodies authorised for managing the state forest fund shall consider comments and proposals made by representatives of population and public associations prior to making appropriate decisions.
2. Besides publishing information referred to in the third paragraph of Article 35 of this Code, authorised bodies determined by Articles 15 and 16 of this Code shall also provide the following:
a) accessibility of other information on the condition of the state forest fund, except the cases determined by the legislation of Georgia;
b) elaboration of scientific and educational programmes in order to inform population about the significance of forests and their resources.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
PART III. FOREST PROTECTION
Chapter XI – General Grounds for the Protection of the Forest Fund of Georgia
Article 37 – Physical protection of the territory of the state forest fund
1. Physical protection of the state forest fund includes the physical protection of the territory of the state forest fund (except for the territory within the jurisdiction of the management body determined by Article 16(1) of this Code) from the illegal use and from recourse theft.
2. Measures of physical protection of the territory of the state forest fund shall be planned on the basis of the registration and monitoring of the state forest fund.
3. Measures of physical protection of the territory of the state forest fund shall be planned and implemented respectively by the authorised bodies determined by Article 15 and paragraphs 2 and 3 of Article 16 of this Code or by natural and legal persons under the supervision of the said bodies.
4. Primary processing of timber shall be prohibited in the territory of the state forest fund.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4147 of 26 December 2018 – website, 31.12.2018
Article 371 – (Deleted)
Law of Georgia No 3518 of 25 July 2006 – LHG I, No 36, 4.8.2006, Art. 263
Law of Georgia No 4147 of 26 December 2018 – website, 31.12.2018
Article 38 – Forest protection regime of the state forest fund
1. For the purposes of maintaining the condition of the state forest fund, its biodiversity and conserving originality of intact forests, and protecting deleted, endemic and other valuable species of plants, a common or special protection regime of the state commercial forest fund shall be established on the basis of priority functions, and historic, cultural and other values of forests.
2. A protection regime for protected areas of Georgia shall be established by the Law of Georgia on the System of Protected Areas.
Article 39 – Special protection regime
1. Final felling shall be prohibited in the territory of the state forest fund where a special protection regime exists.
2. A special protection regime in the territory of the state forest fund shall be established by the authorised bodies determined by Articles 15 and 16 of this Code.
3. In the territory within jurisdiction of the National Forest Agency, the rule for establishing a special protection regime and implementing measures in this regime shall be established by the rule of forest use which shall be approved by the ordinance of the Government of Georgia.
Law of Georgia No 749 of 2 March 2001 – LHG I, No 6, 20.3.2001, Art. 11
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Article 40 – General protection regime
Rules established by this Code and the legislation of Georgia shall apply to state commercial forests and land governed by the common protection regime.
Article 41 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 42 – (Deleted)
Law of Georgia No 2374 of 6 June 2003 – LHG I, No 19, 1.7.2003, Art. 130
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 43 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XII – Protection of the Forest
Article 44 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 45 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 46 – Protection of forest biodiversity
Forest biodiversity shall be protected on the basis of the Constitution of Georgia, the international convention on Biological Diversity and the principles of the environmental legislation of Georgia. The purpose of protecting biodiversity is to maintain and improve necessary conditions for the existence of the biosphere.
Article 47 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 48 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 49 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
PART IV. FOREST USE
Chapter XIII – System of Forest Use
Article 50 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 51 – Types of forest use
1. In the territory of the forest fund of Georgia, the following types of forest use shall be permitted:
a) timber harvesting;
b) running forest plantation management;
c) manufacturing products of woody plants and wood secondary materials (seed, fruit, stump, brushwood, woody forage, etc.);
d) using non-wood resources (mushrooms, curative and technical raw materials, other herbs, shrubby plants and their products) of forest;
e) using forest for agricultural purposes;
f) using for special and assigning purposes;
g) using for scientific research and educational purposes;
h) using for resort, recreational, sports and other cultural and health improving purposes;
i) providing hunting industry;
j) providing fish farming;
k) hunting;
l) removing a fertile layer of soil in the state forest fund;
m) using for non-agricultural purposes;
n) creating animal and plant nurseries;
o) other activities determined by the rule of forest use.
2. Several types of forest use determined by the first paragraph of this article shall be permitted to be applied at the same time.
3. It shall be inadmissible to grant the right of forest use for the same territory of the state forest fund and for the same content and/or for such forest use that essentially prevents exercising of the right of forest use granted by a licence.
4. In the cases provided for in Article 17 of this Code, the Patriarchate of Georgia shall have the right to use the territory of the state forest fund for religious, ceremonial or other purposes provided for in the agreement, on the basis of the agreement signed with the State.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 52 – Terms of forest use
The forest fund of Georgia shall be transferred for short-term (up to one year including seasonal) and long-term (up to 49 years) use. In the case of a long-term use, the decision on the term for each specific case shall be made by the Government of Georgia. With the consent of the Government of Georgia, the term of forest fund use may be extended.
Law of Georgia No 4677 of 17 May 2011 – website, 1.6.2011
Article 53 – The right to forest use and its implementation
1. The forest use shall need a general licence for forest use (general licence), licences for hunting industry and timber harvesting (special licence) and the licence for exporting pine cones and the licence for using snowdrop bulbs and/or cyclamen tubers included in the attachments of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), except when determined by this Code.
2. The following shall not be subject to licensing:
a) social felling;
b) special felling;
c) improvement felling.
3. In accordance with the rule for forest use, in the territory within jurisdiction of the National Forest Agency, the types determined by the first part of Article 51 of this Code may also be applied by:
a) forest use agreement;
b) ticket for timber harvesting;
c) ticket for using forest resources;
4. (Deleted – 25.3.2013, No465).
5. (Deleted – 25.3.2013, No465).
6. The list of animals assigned to hunting objects shall be approved by a subordinate normative act of the Minister of Environment Protection and Agriculture of Georgia on the basis of the Law of Georgia on Fauna.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 5201 of 8 November 2011 – web-site, 14.11.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 1672 of 7 December 2017 – website, 14.12.2017
Article 54 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XIV – Obtainment of the Right of Forest Use
Article 55 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 56 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 57 – (Deleted)
Law of Georgia No 446 of 16 September 2004 – LHG I, No 28, 7.10.2004, Art. 131
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 58 – (Deleted)
Law of Georgia No 446 of 16 September 2004 – LHG I, No 28, 7.10.2004, Art. 131
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 59 – (Deleted)
Law of Georgia No 446 of 16 September 2004 – LHG I, No 28, 7.10.2004, Art. 131
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 60 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 61 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 62 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 63 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 64 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 65 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 66 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 67 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XV – Timber Harvesting
Article 68 – Timber harvesting
1. In the territory of the Georgian forest fund, final and passage felling shall be performed for the purposes of timber harvesting if conditions of equal and continuous extraction of wood is carried out without damaging natural useful properties of the forest.
2. For the purposes of timber harvesting, clearing, thinning, reconstruction, sanitary, social and special felling may also be performed.
3. Final, clearing, thinning, reconstruction, sanitary, intermediary, social and special felling shall be performed in accordance with the legal requirements established by the rule for forest use.
4. Slope limit for timber harvesting in the forests of Georgia shall be gradient of 35 degrees.
5. In the case of special felling, timber harvesting on slopes gradient of 35 degrees or over shall be permitted only when the structures of special state importance are constructed.
Law of Georgia No 1939 of 3 November 2009 – LGH I, No35, 19.11.2009, Art. 244
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 69 – Special requirements for forest use of the state forest fund on slopes between a gradient of 30 to 35 degrees
1. Timber harvesting on slopes between a gradient of 30 to 35 degrees of the state forest fund shall be permitted only:
a) after conducting a special preliminary survey;
b) using cable and air transportation, and in the case of improvement felling, also using live power for pulling;
c) if afforestation measures are implemented at the same time with timber harvesting.
2. Other necessary requirements for timber harvesting on slopes between a gradient of 30 to 35 degrees of the state forest fund shall be established on the basis of registration and monitoring materials and they are mandatory for forest users.
3. Conditions provided for in the point (b) of the first part of this article and in the second part of this article shall not apply to special felling performed during construction of objects of special state importance.
Law of Georgia No 1939 of 3 November 2009 – LGH I, No35, 19.11.2009, Art. 244
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 70 – Final felling
1. Final felling shall be performed for the purposes of extracting wood only in soil protecting forests and water-regulating forests, except riparian forests.
2. Following are the categories of final felling:
a) clear felling;
b) gradual felling;
c) group selection felling;
d) voluntary-selective felling
3. Clear felling is the instantaneous (clear) cutting of softwood tree species in the territory of specified area of forest, except growing trees under age 20, and it is performed only on flat relief on slopes under 5 degrees.
4. Gradual felling is the felling in the territory of a specified area of forest within a long period of time (30-40 years)and shall imply gradual thinning of forest and even reduce of canopy cover during the period of forest use. Gradual felling shall be performed on slopes gradient of 20 degrees.
5. Group selective felling is a clear felling performed in small sections of the territory of a specified area of forest for a long period of time (20-40 years).
6. Main principle of selecting small sections and their expansion for performing group selection felling is the equal cutting in the whole territory of a specified area of forest and maximum facilitation of natural forest renewal. Group selection felling shall be performed on slopes under gradient of 20 degrees.
7. Voluntary-selective felling is gradual and equal felling of matured and over matured trees in the territory of a specified forest area, as well as other trees with potential forestry use.
Article 71 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 72 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 73 – Forest felling
1. Felling provided for by this Code shall be performed only in the allocated felling area.
2. The rule and conditions for allocating felling area shall be established by the rule of forest use.
Law of Georgia No 899 of 29 December 2004 – LHG I, No 6, 19.1.2005, Art. 46
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 74 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XVI – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 75 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 76 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XVII – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 77 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 78 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XVIII – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 79 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XIX – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 80 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 81 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XX – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 82 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XХI – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 83 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 84 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XХII – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 85 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XXIII – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 86 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 87 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XХIV – Presence of Population in the Forest
Article 88 – Presence of population in the forest
1. Presence of population in the forest shall not be considered as forest use.
2. Everyone shall have the right to enjoy the natural environment of the forest.
3. Population shall have right to:
a) enter and freely move around the forest unless otherwise determined by the legislation of Georgia;
b) collect non-wood resources and secondary materials of forest for the personal use;
c) use natural properties of forest for recreation, tourism and satisfaction of aesthetic needs.
4. Population shall be required to:
a) care for forest and protect its treasures;
b) comply with fire safety rules in the forest, not break and fell trees and shrubs, not damage forest cultures, not litter or otherwise damage the natural environment.
5. Presence of population in forest, collecting of non-wood resources of forest and other rights of population related to the state forest fund may be restricted by authorised bodies or by regional offices determined by Articles 15 and 16 of this Code, in the cases provided for by this Code and the legislation of Georgia.
Chapter XXV – Some Peculiarities of Forest Use
Article 89 – Peculiarity of forest use in the state borderland
In a borderland, forest shall be used in compliance with the requirements of this Code and the Law of Georgia on the State Border of Georgia.
Article 90 – Forest use in a water protecting strip
In a water protecting strip, forest shall be used in compliance with the requirements of the Law of Georgia on Water and the maritime legislation of Georgia.
Chapter XXVI – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 91 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 92 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XXVII – General Requirements for the Movement and Primary Processing of the Round Timber (Logs)
Law of Georgia No 4677 of 17 May 2011 – website, 1.6.2011
Article 93 – General requirements for the movement and primary processing of the round timber (logs)
1. The mandatory requirements for the movement and marking of timber and primary processing of the round timber (logs) shall be determined by the rule established by an order of the Minister of Environment Protection and Agriculture of Georgia on the Rule of Movement of Timber in the Territory of Georgia and the Approval of Technical Regulations on Round Timber (Logs) Primary Processing Plants.
2. An appropriate timber certificate of origin for the timber obtained in compliance with the rule established by an order of the Minister of Environment Protection and Agriculture of Georgia determined by paragraph 1 of this article shall be issued by appropriate body authorised to manage the state forest fund. In accordance with the same rule, a timber certificate of origin shall be issued for the purposes of transporting and primary processing of wood resources extracted from plants growing in the territories of self-governing units and private property on the basis of a certificate of provenance of goods (woody resources) issued by local self-government bodies in accordance with the rule established by the legislation of Georgia.
3. Transportation or primary processing of timber which does not have an appropriate timber certificate of origin in the cases defined by an order of the Minister of Environment Protection and Agriculture of Georgia determined by paragraph 1 of this article, as well as transportation or primary processing of the round timber (logs) which is not marked with a special sign in accordance with the established rule, shall entail liability in accordance with the rule established by the legislation of Georgia.
4. Timber extracted from social felling, also, products extracted from primary processing in the cases provided for by the legislation of Georgia shall be prohibited to be alienated in any form.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4677 of 17 May 2011 – website, 1.6.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 567 of 19 April 2013 – website, 8.5.2013
Law of Georgia No 1672 of 7 December 2017 – website, 14.12.2017
Article 931 – Electronic management system for wood resources
In the territory of Georgia, an electronic management system for wood resources shall be created to record measures related to the use, movement and primary processing of timber; the operational manual of the system shall be approved by a subordinate normative act of the Minister of Environment Protection and Agriculture of Georgia. The electronic management system for wood resources shall be operated by authorised bodies determined by Articles 15 and 16 of this Code to manage the state forest fund, as well as by other appropriate persons in accordance with the operation manual of the electronic management system for wood resources, and the legislation of Georgia.
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 1672 of 7 December 2017 – website, 14.12.2017
Article 94 – Voluntary certification of forest
1. Voluntary certification of measures of managing the state forest fund by natural persons and legal entities under private law shall be allowed.
2. The rule of voluntary certification of forest shall be established in accordance with international standards of public organisations and the legislation of Georgia.
PART V. RESTORATION AND TENDING OF FOREST
Chapter XXVIII – Restoration of Forest
Article 95 – Restoration of the forest fund of Georgia and its objectives
1. The restoration of the forest fund of Georgia is a multi-year cycle of forestry measures which aims at restoring forest and reforesting areas not covered with forest and law density forest stands of the forest fund.
2. Measures of restoring the state forest fund shall be planned by authorised bodies determined by Articles15 and 16 of this Code on the basis of forest fund inventory and monitoring materials and other special examinations taking into account the availability of existing resources.
3. Measures of restoring forest and reforesting the fund of Georgia shall be implemented through such forms and methods which does not harm the environment.
4. Forest restoration measures are:
a) thinning or complete removal of undergrowth with the purpose of facilitating the natural regeneration of forest and carrying out tending, protecting, cleaning, planting and seeding in felled districts, at forest borders and in subalpine sparse forests.
b) measures aiming at improving species composition, age structure, quality, productivity, protective and other useful functions of sparse forests.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 96 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XХIX – Forest Tending
Article 97 -Forest tending and its objectives
1. Forest tending is a system of measures aiming at:
a) keeping ecological balance in forests of Georgia, improving age structure, species composition and quality of forests, and creating sustainable and highly productive forest stands;
b) increasing the fertility of soils, and avoiding erosion, bogging, salting, mud flows, avalanches caused by water and wind and such processes that deteriorate the condition of soil;
c) maintaining the originality of intact forests, and protecting deleted, endemic and other valuable species of plants;
d) improving sanitary condition of forests;
e) fighting pests and phyto-diseases, as well as providing measures to prevent forest fires.
2. Forest tending measures are:
a) protecting forest with biological, chemical and selective means;
b) protecting forest from the distribution of diseases and propagation of pests causing ecological imbalance, on the basis of pathological examination of forests;
c) improvement felling;
d) implementation of fire preventive measures;
e) removal of wood waste and residues from the forests.
3. Forest tending measures shall be planned on the basis of registration and monitoring materials and other special examinations.
4. Forest tending measures shall be implemented respectively by the authorised bodies determined by Articles 15 and 16 of this Code, as well as natural and legal persons in agreement with them in accordance with the rule established by the legislation of Georgia.
5. The status of fire hazard area shall be assigned to the territory of the state forest fund by an authorised body determined by Article 15 or 16 of this Code in agreement with the Emergency Management Service, a state sub-agency within the Ministry of Internal Affairs of Georgia (the Emergency Management Service), on the basis of registration and monitoring materials.
6. On the territory of the state forest fund, fires shall be suppressed by the Emergency Management Service with the participation of a body, authorised to manage an appropriate area of the state forest fund, and a forest user.
7. The right to use biological and chemical means for the purposes of forest tending shall be granted to natural and legal persons by authorised bodies determined by Articles 15 and 16 of this Code.
8. Monitoring and control of the protective measures of forests with biological and chemical means shall be conducted by the authorised bodies determined by Articles 15 and 16 of this Code within their jurisdiction.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 2633 of 27 June 2018 -website, 6.7.2018
Law of Georgia No 4102 of 22 December 2018 – website, 28.12.2018
Article 98 – Forest tending and protection of subalpine stripes of forest
1. Timber harvesting shall be prohibited in subalpine stripes of forest except felling of trees inhabited by pests and production of uprooted and broken trees fallen on the ground.
2. The measure of tending of subalpine stripe of forest is the restoration of forest facilitating its natural renewal.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XXX – Improvement Felling
Article 99 – Types of improvement felling
By the age and functional purpose of forest stands, the following types of improvement felling shall be determined:
a) lighting felling;
b) cleaning felling;
c) thinning felling;
d) passage felling;
e) sanitary felling;
f) reconstruction felling.
Article 100 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 101 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 102 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 103 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 104 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 105 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 106 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XXXI – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 107 – (Deleted)
Law of Georgia No 899 of 29 December 2004 – LHG I, No 6, 19.1.2005, Art. 46
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
PART VI. STATE CONTROL OF THE PROTECTION OF THE FOREST OF GEORGIA AND ENFORCEMENT OF THE FOREST LEGISLATION OF GEORGIA
Chapter XXXII – State Control and Monitoring of the Protection of the Forest of Georgia and Enforcement of the Forest Legislation of Georgia
Article 108 – State control of the protection of the forest of Georgia and the forest legislation of Georgia
The state control of the condition of forests, and forest tending, protection, restoration and afforestation of the state forest fund, as well as forest use shall be provided by appropriate institutions under the Ministry within the scope of their powers.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4418 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 4655 of 5 May 2011 – website, 13.5.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Article 109 – Status of the forest guard
1. Forest guard shall wear special uniforms with appropriate rank badges, the templates and rules of use of which shall be prepared and approved by the Minister of Environmental Protection and Agriculture of Georgia.
11. The templates and rules of use of the rank badges of forest guard shall be prepared and approved by the Minister of Environmental Protection and Agriculture of Georgia according to the procedure established by the Law of Georgia on Symbols of State Significance.
2. Forest guard staff shall be authorised to:
a) prevent and eliminate infringements of requirements of this Code;
b) check documents certifying rights for forest use of natural and legal persons;
c) document violations of the forest legislation;
d) stop and inspect transport vehicles for the purposes of establishing legitimacy of obtaining forest products;
e) in the absence of a document certifying the right to legal timber harvesting, expropriate timber and other forest resources in accordance with the rule established by the legislation of Georgia in the places of transportation, storage and primary processing;
f) suspend, terminate and prohibit economic or other activities carried out by the forest users if they do not comply with the forest use document;
g) carry registered service weapons;
h) allow persons to voluntarily compensate the damage inflicted to the state forest fund if they do not dispute the fact of committing an administrative offence.
3. Within the scope of its competence and in accordance with the rule established by the legislation of Georgia, forest guard shall be accountable for the following:
a) controlling condition of the forest and inappropriate use of forest;
b) controlling infringements of the forest legislation of Georgia.
Law of Georgia No 4333 of 22 February 2019 – website, 7.3.2019
Article 110 – Incentives for the forest guard
1. Measures for stimulating forest guard are:
a) awarding title of Honourable Forester of Georgia in accordance with the rule established by the legislation of Georgia;
b) granting special lapel badge for working successfully in the field of forest conservation for 10 years or more.
2. Deleted.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
PART VII. DISPUTE RESOLUTION IN THE FIELD OF FOREST TENDING, PROTECTION, RESTORATION, AFFORESTATION AND USE, AND LIABILITY FOR THE VIOLATION OF THE FOREST LEGISLATION
Chapter XXXII – Dispute Resolution in the Field of Forest Tending, Protection, Restoration, Afforestation
Article 111 – Dispute resolution in the field of forest tending, protection, restoration, afforestation
Disputes regarding the forest tending, protection, restoration, afforestation and use shall be resolved in accordance with the rule established by the legislation of Georgia.
Chapter XXXIV – Liability for the Violation of the Forest Legislation of Georgia
Article 112 – Liability for the violation of the forest legislation of Georgia
The liability for the violation of requirements of the Forest Code of Georgia shall be defined in accordance with the legislation of Georgia.
Article 113 – The liability for the damage caused as a result of violation of the forest legislation of Georgia
1. Along with the fulfilment of requirements established by Article 114 of this Code, natural and legal persons are obliged to fully compensate the damage inflicted by the violation of the forest legislation or, if possible, restore the damaged area to the condition existing before the damage.
2. Deleted.
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 114 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
PART VIII. TRANSITIONAL AND FINAL PROVISIONS
Chapter XXXV – Transitional Provisions
Article 115 – (Deleted)
Law of Georgia No 596 of 10 November 2000 – LGH I, No43, 1.12.2000, Art. 123
Law of Georgia No 1465 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 99
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 116 – Normative acts to be adopted and issued in connection with this Code
Regarding the entry into force of this Code:
a) (deleted);
b) deleted;
c) (deleted);
d) deleted;
e) the following subordinate normative acts of the Government of Georgia shall be adopted:
e.a) the rule for establishing the state forest fund border;
e.b) the rule for forest inventory, planning and monitoring;
e.c) the rule of forest use;
e.d) the rule of forest maintenance and restoration;
e.e) the rule of awarding the title of Honourable Forest Guard of Georgia;
(Deleted – 17.5.2011, No4677).
(Deleted – 25.3.2013, No465).
Law of Georgia No 1465 of 16 July 2009 – LHG I, No 20, 28.7.2009, Art. 99
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Law of Georgia No 4677 of 17 May 2011 – website, 1.6.2011
Law of Georgia No 5201 of 8 November 2011 – web-site, 14.11.2011
Law of Georgia No 4665 of 25 March 2013 – website, 5.4.2013
Article 117 -Terms of adoption/issuance of normative acts related to the entry into force of this Code
Regarding Article 116 of this Code:
a) normative acts determined in point (e) shall be adopted before 1 September 2010;
b) normative acts referred to in points (b.c.), (b.d.), (b.l.) and (d.a.) shall retain legal force before the normative act determined in point (e.a.) of Article 116 of this Code is adopted;
c) normative acts referred to in points (b.e.), (c.b.) and (d.c.) shall retain legal force before the normative act determined in point (e.c.) of Article 116 of this Code is adopted;
d) normative acts referred to in points (b.b.), (b.f.), (b.g.), (b.h.), (c.f), (d.h.), (d.i.), (d.l.), (d.m.), (d.n.), (d.o.) and (d.p.) shall retain legal force before the normative act determined in point (e.c.) of Article 116 of this Code is adopted;
e) normative acts referred to in points (c.a.), (c.c.), (c.d.), (d.d.), (d.e.), (d.f.), (d.g.) and (d.m.) shall retain legal force before the normative act determined in point (e.d.) of Article 116 of this Code is adopted;
f) normative acts referred to in point (b.i.) shall retain legal force before the normative act determined in point (e.e.) of Article 116 of this Code is adopted;
g) normative acts referred to in point (d.q.) shall retain legal force before the normative act determined in point (f) of Article 116 of this Code is adopted;
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Article 118 – (Deleted)
Law of Georgia No 3346 of 6 July 2010 – LHG I, No39, 19.7.2010, Art. 236
Chapter XXXVI – Final Provisions
Article 119 – Normative acts which shall become invalid immediately upon the Forest Code of Georgia enters into force
Upon the entry of this Code into force, the following shall be considered invalid:
a) The Forest Code of Georgia approved by the Law of 21 December 1978;
b) Law of Georgia on Regulating Forest Use in the Territory of Georgia of 25 June 1998.
Article 120 – Entry into force of the Forest Code of Georgia
1. The Forest Code of Georgia, except the first part of Article 9, shall enter into force upon its promulgation.
2. The first part of Article 9 of this Code shall enter into force upon the Law of Georgia on the Denationalisation of the State Forest Fund of Georgia enters into force.
President of Georgia Eduard Shevardnadze
Tbilisi
22 June 1999
No 2124-IIს
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