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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 15, 1999 No. 38

About approval of Rules of leave of wood on root in the woods of the Azerbaijan Republic

(as of August 23, 2010)

In pursuance of the Presidential decree of the Azerbaijan Republic of March 30, 1998 No. 693 "About application of the Forest code of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of December 30, 1997" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve Rules of leave of wood on root in the woods of the Azerbaijan Republic (are applied).

2. Declare invalid Item 1 of the resolution of Council of Ministers of the Azerbaijani SSR of November 25, 1981 No. 510 "About the resolution of Council of Ministers of the USSR of October 30, 1981 No. 1045 "About approval of Rules of leave of wood on root in the woods of the USSR".

3. This resolution becomes effective from the date of signing.

 

Prime Minister

Azerbaijan Republic A. RASI-ZADE

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 15, 1999 No. 38

Rules of leave of wood on root in the woods of the Azerbaijan Republic

1. General provisions

1.1. These rules regulate leave of wood on root in the woods of the Azerbaijan Republic and are applied in case of procurement and skidding of wood in the wood.

1.2. Leave of wood on root is performed according to the forest utilization mode according to the procedure:

reforestation cabins - the cabins which are carried out in the woods for the purpose of their recovery, except for the resort woods, especially valuable forests, the woods of green zones around the cities and other settlements and the state forest strips;

cabins of intermediate use - the cabins which are carried out in connection with care of the wood, sanitation and reconstruction of invaluable forest plantings (cabins for new landings);

other cabins - continuous and sanitary cabins (in connection with construction of water-engineering systems, pipelines, roads, communication lines and electricity transmissions and other works, in case of transfer in accordance with the established procedure the timberland to not timberland), and also the cabins made for creation of fire-proof gaps and other similar purposes.

The specified cabins are performed according to the approved projects and specifications of the carried-out works only based on the logging ticket and the order.

1.3. In the cases provided below leave of wood on root can be performed in the consent of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic without registration with the statement within 1 month of the logging ticket and the warrant for this transaction:

with danger of poval of trees on the communication line and electricity transmissions or emergence of need for accident elimination on these lines;

in case of suppression of wildfires and implementation of rescue actions.

1.4. Forest users shall file in the local forestry and landscape company the notice to leave of wood on root.

The forestry and landscape company within one month officially informs the applicant on allocation of cutting area taking into account need of the forest user, the direction of use and amount of cabins.

In case of not allocation of cutting area the forest user is officially informed on it with reason explanation.

The forestry and landscape company on site acquaints forest users with the allocated sites of cutting areas (angular columns, trelevochny roads, places of shoddy constructions).

Forest users prepare the process chart on the allocated site, will approve it with the forestry and landscape company and receive the logging ticket, the issue order of wood. Sites of cutting areas from the date of transfer to the forest user are recognized being under its protection, and from the same day all obligations provided by these rules are assigned to the forest user.

Replacement of the sites of cutting areas which are not begun with use of other sites is allowed according to the procedure of exception with the consent of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

1.5. Prior to the beginning of cabins forest users carry out the following preparatory work:

installation of constructions for splitting and preprocessing of wood;

construction of different type of temporary residential and economic constructions;

clearing of the site under forest warehouses and placement of such warehouses;

laying of leso-trelevochny roads;

withdrawal of the trees disturbing safety of work and other works connected with preparation.

The wood made in case of accomplishment of preparatory work joins in the amount of forest cabins which is taken away for forest users.

The forest user within 6 months after completion of all works (the cabin, procurement, skidding, etc.) on sites of cutting areas shall remove the constructions which are on them, temporary constructions, etc.

The temporary constructions, constructions which are not exported by forest users during the specified term remain at the disposal of the forestry and landscape companies.

In necessary cases according to the order of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic the temporary constructions which are not exported from the site, constructions can be left for forest users for longer term.

1.6. The forestry and landscape company can stop leave of wood on root in the following cases:

based on the official declaration of the forest user;

after forest utilization term;

in case of liquidation of organization, organization, company, based on the statement of the physical person or legal entity in accordance with the established procedure declared his right heir;

forest lands for the state needs;

in case of discrepancy of forest utilization to the purposes and requirements specified in the logging ticket and the order;

in case of violation of these rules and other rules connected with forest utilization in case of the statement of the logging ticket and the order;

in case of replacement of sites of cutting areas with the forestry and landscape companies.

1.7. In case of leave of wood on root forest users shall observe the following requirements:

it most full and is rational to use the sites of cutting areas established in the logging ticket and the order;

not leave the prepared wood, and also the trees intended to the cabin on root on places (sites) of cabins and in the wood after the expiration of terms of procurement and removal;

conduct works as the methods which are not allowing emergence of erosion of soils, excluding or limiting negative impact of forest uses on condition and reproduction (recovery) of the wood, and also on condition of reservoirs and landscapes;

use business wood for designated purpose, not allow losses of wood, transfer of business wood in firewood;

make cleaning of cutting areas of felling remaining balance and bring at own expense the parcels of land with the broken structure into the condition suitable for their use to destination;

organize use of the waste received in case of wood procurement;

allow pollution of the sites covered with the wood;

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