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The document ceased to be valid since  June 8, 2017 according to Item 2 of the Presidential decree of the Republic of Belarus of May 31, 2017 No. 197

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 9, 2009 No. 444

About approval of the Regulations on procedure for provision of sites of forest fund to legal entities in lease and (or) use for forest utilization implementation

(as amended on 30-06-2014)

For the purpose of enhancement of legal regulation in the sphere of provision of sites of forest fund for implementation of forest utilization I decide:

1. Approve the enclosed Regulations on procedure for provision of sites of forest fund to legal entities in lease and (or) use for forest utilization implementation.

2. To Council of Ministers of the Republic of Belarus in three-months time to take measures for implementation of this Decree.

3. This Decree becomes effective from the date of its official publication.

 

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of September 9, 2009 No. 444

Regulations on procedure for provision of sites of forest fund to legal entities in lease and (or) use for forest utilization implementation

Chapter 1. General provisions

1. This Provision determines procedure for provision of sites of forest fund to legal entities in lease and (or) use for implementation of the following types of forest utilization:

wood procurement;

crude turpentine procurement;

procurement of minor forest resources (stubs, roots, birch bark, New Year trees and pines, fir-tree serka and others);

collateral forest utilization (procurement of wood juice, wild-growing fruits, berries, nuts, mushrooms, other food forest resources, medicinal vegetable and technical raw materials, collection of moss, forest laying and fallen leaves, placement of beehives and apiaries, mowing, pasturage of the cattle);

use of sites of forest fund in cultural and improving, tourist, other recreational and (or) sports purposes, including for captive content and (or) cultivation of wild animals.

2. Sites of forest fund for procurement of wood are provided in lease to the legal entities making products of woodworking and realizing the major investment projects determined by Council of Ministers of the Republic of Belarus (further - the woodworking organizations).

Sites of forest fund for procurement of wood are provided in use to the legal entities who are not specified in part one of this Item according to this Provision and Rules of leave of wood on root and its procurements in the woods of the Republic of Belarus, the Rules of realization of wood in the domestic market of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of May 7, 2007 No. 214 "About some measures for enhancement of activities in the sphere of forestry" (The national register of legal acts of the Republic of Belarus, 2007, No. 118, 1/8576).

3. The term for which sites of forest fund in lease and (or) use for forest utilization implementation are provided is determined by the decision of state body or organization within which competence provision of sites of forest fund in lease and (or) use for forest utilization implementation is, and cannot exceed 15 years.

4. Procurement of wood, crude turpentine, minor forest resources and collateral forest utilization are performed by legal entities based on the logging ticket (order) and (or) the forest ticket issued by the legal entities conducting forestry *, and use of sites of forest fund in cultural and improving, tourist, other recreational and (or) sports purposes, including for captive content and (or) cultivation of wild animals, - based on the lease agreement of the site of forest fund for forest utilization implementation (further - the lease agreement).

______________________________

* The legal entities conducting forestry in this Provision are understood as the organizations determined in part one of Article 21 of the Forest code of the Republic of Belarus.

Chapter 2. Procedure for provision of sites of forest fund in lease to legal entities

5. The site of forest fund can be provided in lease to one or several legal entities at the same time for implementation of different types of forest utilization.

6. The decision on provision of the site of forest fund in lease is made by regional or district executive committee depending on forest utilization type which is planned to be performed on this site of forest fund, in coordination with the Ministry of forestry, the site located in especially protected natural territories of republican value - in coordination with the Ministry of Natural Resources and Environmental Protection, the site located in especially protected natural territories of local value, the territories of the water protection zones and especially protective sites of the wood - in coordination with the relevant territorial authority of the Ministry of Natural Resources and Environmental Protection.

7. Provision of sites of forest fund in lease for implementation of types of forest utilization is not allowed if these types of forest utilization are not compatible to purpose of the sites located in the territories of the reserves, national parks, wildlife areas, nature sanctuaries and the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl NPP, relating to evacuation area (alienation), zone of first-priority settling out, zone of the subsequent settling out from which the population is settled out and on which the check mode, especially protective sites of the wood, and also sites of forest fund of the forestry and landscape organizations of Administration of the President of the Republic of Belarus is set.

8. Lessor of the site of forest fund is the regional or district executive committee (further - the lessor).

9. Lessee of the site of forest fund is the legal entity (further - the lessee).

10. The sublease of the site of forest fund for forest utilization implementation, its transfer to property to the lessee are not allowed.

11. The lessee shall have special permission (license) (further - the license) on implementation of the corresponding type of activity if this type of activity is subject to licensing.

12. The standard form of the lease agreement is established by the Ministry of forestry.

13. Provision of the site of forest fund in lease is not the basis for the termination or change of the third party rights to this site. In case of the conclusion of the lease agreement the lessor shall include in it record about the third party rights to the site of forest fund provided in lease.

The site of forest fund provided in lease for certain type of forest utilization cannot be leased to other forest user for implementation of the same type of forest utilization.

14. The legal entity conducting forestry in the territory of which it is planned to perform forest utilization shall from the date of entry into force of the lease agreement transfer to 15-day time to the lessee under the transfer act the leasable site of forest fund, and also necessary documentation.

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