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法規名稱(Title) The Forestry Act Ch
公發布日(Date) 2016.11.30
法規沿革(Legislative) 1.The Forestry Act is comprised of 77 articles and was first
proposeand duly passed for implementation by the government of
the Republic of China, effective 15 September 1932.
2.On 13 February 1937, Articles 9 and 18 were amended and
promulgated by the Government.
3.On 6 February 1945, 57 provisions to the Act were amended and
promulgated by the Government.
4.On 27 May 1972, Article 49 was amended and promulgated by
order of the President.
5.On 13 December 1985, 58 provisions to the Act were amended and
promulgated by order of the President per ROC President (I)
Definition Order No. 6227.
6.On 27 May 1998, 58 provisions to the Act were amended and
promulgated by order of the President per ROC President (I)
Definition Order No. 8700104490.
7.On 15 November 2000, Articles 2, 12, 26, 29 and 48 were
amended and promulgated by order of the President per ROC
President 2000 (I) Definition Order No. 8900275050.
8.On 20 January 2004, Articles 17-1 and 38-1 were added,
and Articles 6, 7, 15, 25, 34, 48, 56-2 and 56-3 were amended
and promulgated by order of the President per ROC President
2000 (I) Definition Order No. 8900275050.
9.On 6 May 2015, Articles 50 and 52 were amended and promulgated
by order of the President per ROC President (I) Definition
Order No. 10400052231.
10.On 1 July 2015, Articles 3-1, 38-2 to 38-6, 47-1 and Title of
Chapter 5-1 were added, and Articles 1 and 56 were amended
and promulgated by order of the President per ROC President I
Definition Order No. 10400075351.
11.On 30 November 2016, Articles 51 and 52 were added, and
Articles 1 and 56 were amended and promulgated by order of
the President per ROC President I Definition Order
No. 10500147011.
法規內文(Content)

Chapter I General Provisions

Article 1
This Act is established to preserve forest resources, the natural
functions of forests and their economic viability, and to protect
trees that have conservation value and their growth habitats.


Article 2
The term ‘government agency’ as used in this Act means the
Council of Agriculture, Executive Yuan of the central government;
the relevant direct municipal government at the municipal level;
the county (city) government at the county (city) level.


Article 3
The term ‘forest(s)’ means the land(s) and its collateral
trees and bamboo, collectively. According to the delineation of
ownership, forest(s) shall be distinguished as national forest(s),
public forest(s), and private forest(s); forests principally
belong to the nation.


Article 3-1
For matters regarding the protection of trees outside of forests,
the rules in Chapter 5-1 apply.


Article 4
Whereas whoever owns bamboo or trees on the land of others,
constituting a claim of land-surface rights, lease rights or for
other applications, or revenues, shall be deemed forest owner
where this Act applies. 


Chapter II  Forestry Administration

Article 5
The administrative management of the forestry industry shall be
predicated on the primary goal of preserving the long-term
integrity of national lands.


Article 6
Whereof undeveloped mountains and lands suitable for forestry,
the central government agency shall request that the central
land administrative authority classify them as forestland,
and promulgate accordingly.
Whereas land designated as forestland cannot be changed to
other designations. However, forestland can be redesignated
if approval is obtained from the direct municipal and county
(city) governments, and this is then reported to the central
government and central land management agency. If the land belongs
to aboriginal people, it is also necessary to obtain approval from
the aboriginal peoples’ central government.
Forestland designated as such by other acts cannot be redesignated,
except as provided in the preceding paragraph.


Article 7
Should a public or private forest have any of the following, the
central government agency may appropriate it to national
ownership, and shall compensate the owner accordingly:
1. It is needed for reasons of national security or operation of
   national forest;
2. It includes a river, lake or other water source that provides
   important resources to the public.
Any and all acts relevant to land appropriation may be applied
when appropriating land to national ownership. The procedure for
appropriating public forest may follow the relevant rules of
public property management.


Article 8
Should a national or public forest have any of the following,
it may be leased, transferred or appropriated:
1. It is required for establishing a school, hospital, park or
   other public facilities;
2. It is required for national defense, transportation or water
   conservation
3. It is required for establishing public works;
4. It is required for establishing a duly approved national
   park, designated scenic area or forest recreation park.
Should the applications stipulated above be violated, or not
used for the said purposes during the assigned period, the
leased,sublet or appropriated forestland shall be seized.


Article 9
To carry out any of the following actions in a forest, an
application shall be filed with the government agency who shall,
together with the relevant local agency, examine the specified
area for its suitability for the proposed action. After the
application is approved, the action may be undertaken within the
designated boundaries.
1. To build or repair a reservoir, roadway, power transmission
   system or to develop a source of electricity;
2. To mine or quarry;
3. To build or repair other engineering works.
These undertakings are limited to those not impairing geological
stability, national security and forestry.
For number 1, above, if there are concerns the forest will be
damaged, the government agency shall oversee that the party in
question shall perform due water conservation measures or other
necessary measures, and the party may not refuse. 


Article 10
Should a forest have any of the following, the government agency
shall bar logging:
1. The land is so steep or the soil so shallow that re-forestation
   is difficult;
2. After logging, the soil is likely to be eroded or affect public
   benefits;
3. The land is located in a water reservoir collection area,
   headwaters of a river,on an eroded riverbank, windward coastal
   area or sand dune area;
4. The forest is in other areas where logging prohibition is
   essential.


Article 11
The government agency may, according to where a forest is located,
limit or prohibit the harvest or excavation of grass cover, tree
roots and grass roots to a specific location and time period.


Chapter III  Forestry Management and Utilization

Article 12
Whereas national forests shall be classified and managed by the
central government agency; public forests shall be managed by
the owner authority or consigned to some other legal entity;
private forests shall be managed by private individuals.
The central government agency may, according to the state of
the forestry industry, regulate and implement the forest
management plan. 


Article 13
To reinforce the water retaining ability of the forest, forest
management shall comply with the protection and management
regulations for water collection areas; these regulations shall
be mandated by the Executive Yuan.


Article 14
National forest management plans shall be regulated by the
relevant administrative agency, and shall be submitted to the
central government agency for approval.


Article 15
The annual plan for the yields of national forest products shall
be based on the management plan for the relevant business area.
Harvesting of national forest yields shall be carried out
according to the annual logging plan and national forest yields
management code.
The category and handling of, and criteria pertaining to,
national forest yields, and the harvest, transport, transfer,
fee payment and other issues relevant to forest yields shall be
regulated by the central government agency.
If the forest is located in the traditional territory of
aboriginal people, the aboriginal people may take forest products
for their traditional living needs. The harvesting area, variety,
time, paid/unpaid, and other rules should be decided by the
central government agency along with the central government of the
aboriginal people.
After a natural disaster, the local government has one month to
finish the cleanup and tally up all bamboo or trees carried outside
the boundary of the National Forest by natural forces. After one
month, local people may collect freely the remaining displaced wood
and bamboo.


Article 16
Should a national park or scenic area be designated in a forest
area, the responsible party shall meet with the government agency
to conduct a field survey. The forest area within the demarcated
boundaries shall be managed by the government agency according to
this Act in conjunction with the relevant national park or scenic
area development plan.
The regulations for the above shall be mandated by the Executive
Yuan.


Article 17
Wherein a forest region, subject to approval of a relevant
environment impact assessment, may be designated a forest
recreation area; the establishment and regulation of this area
shall be mandated by the central government agency. 
A forest recreation area may collect fees for environmental
improvement, and maintenance and cleaning; amusement facilities
may collect a usage fee; such fees shall be regulated by the
central government agency.


Article 17-1
To maintain forest ecology and preserve biodiversity, a Nature
Reserve may be designated within a forest area. The number of
people and the amount of traffic allowed into a Nature Reserve
shall be regulated in accordance with the unique characteristics
of the resources within the Reserve. The central government
agency shall set the criteria for establishing and abolishing a
Nature Reserve, its management plan, and relevant regulatory
rules.


Article 18
Whereas public and private forests with a commercial forest area
of more than five hundred (500) hectares shall have a licensed
forestry technician.
Forest planters and loggers shall be assisted by forestry
technicians or forestry technical staff.


Article 19
Should business collaboration among forestry practitioners become
necessary, the said practitioners may organize a forestry
cooperative association in accordance with the Cooperative
Association Act; the association shall be counseled by the local
government agency. 


Article 20
Should a forest owner need to use another’s land to transport
forest equipment and products, or use, alter or remove implements
in a water course, which must be done without endangering the
water supply or peoples’ lives, the owner shall negotiate with
the landowner or other interest-holders. Where negotiation is
discordant or impossible, the parties shall file with the
government agency and the relevant local government agency for
mediation; where mediation fails, the government agency shall
resolve the issue.


Article 21
On the following forestlands the government agency may order the
forest owner or stakeholder to undertake and complete
reforestation and necessary water and soil conservation measures
within an assigned period:
1. Eroded gorge, steep exposed land, collapsed land, landslide
   area, fragmented belt, severely eroded land and scattered sand
   dune;
2. Water source area, reservoir collection area, coastal area and
   riverbanks;
3. Old fire site, flood eroded land;
4. Logged site;
5. Other areas where conservation is essential. 


Chapter IV  Conservation Forestry

Article 22
Whereas forests held by the state, or a public or private entity,
which meet any of the following requirements shall be classified
as conservation forests by the central government agency:
1. Essential for preventing damage from floods, wind, tides, salt
   , and smoke;
2. Essential for the conservation of a water source or protection
   of a reservoir;
3. Essential for preventing damage from sand, soil erosion and
   blowing sand,falling rock, ice, or avalanches;
4. Essential to national defense;
5. Essential to public health;
6. Essential for navigation;
7. Essential for the fishing industry;
8. Essential to the preservation of landmarks, historic relics,
   and scenery;
9. Essential to nature conservation.


Article 23
Whereas hills or other lands conforming to any of the criteria
in Article 22, Sections 1-5, shall be classified as conservation
forest by the central government agency, and the conservation
thereof shall be augmented. 


Article 24
The management of conservation forests shall be predicated,
regardless of ownership, on serving the public interest. All
conservation forests shall be reasonably managed, cultivated,
renewed and logged according to their individual characteristics.
Conservation forest management standards shall be decreed by the
central government agency in conjunction with the local government
agency.


Article 25
Should the subsistence of a conservation forest become
unnecessary, subject to approval from the central government
agency, it may be partially or wholly declassified.
The review standard for declassifying conservation forest will
be decided by the central government agency.


Article 26
The classification or declassification of a conservation forest
may be effected by submitting an application to the direct
municipality or county (city) government agency by a legal entity
or organization located in the vicinity of the forest or other
parties having direct interests. The application then must be
presented to the central government agency for approval. If the
forest falls under the jurisdiction of the central government
agency, the application shall be sent directly to the central
government agency. 


Article 27
In accepting the aforesaid application for classifying or
declassifying a conservation forest, the government agency shall
notify the relevant forest owner, landowner and parties holding
other land rights, and promulgate accordingly.
Starting from the day of the said promulgation until the day of
promulgation stipulated in Article 29, Section 2, forests
classified as conservation forests may not be developed or logged
, except with the approval of the government agency.


Article 28
Should any party with direct interests object to the specific
classification or declassification of a forest, the party may
present a statement of opinion to the local government agency
within thirty (30) days of the day of promulgation stipulated in
the first paragraph of the preceding article.


Article 29
The relevant direct municipality or county (city) government
agency shall present all documents related to the classification
or declassification of a conservation forest to the central
government agency for approval. Where there are objections filed
according to the preceding article, the statement of opinion shall
be enclosed. The classification or declassification of a
conservation forest, after approval by the central government
agency, shall be promulgated by the relevant direct municipal or
county (city) government agency, and the forest owner shall be
duly notified.
The classification or declassification of a conservation forest,
upon approval by the central government agency, shall be promulgated
by the central, direct municipal or county (city) government agency
, and the forest owner shall be duly notified.


Article 30
No logging, damage to wood or bamboo, development or livestock
grazing, harvesting or excavating of earth, rocks, grass cover
or tree roots may be carried out in a conservation forest, except
with the approval or consent of the government agency.
In addition to the limitation clause herein, the government
agency may limit or prohibit the use of revenues therefrom by the
conservation forest owner, or dictate the method of operation and
protection.
The government agency may order reforestation or other essential
restoration procedures if these limitations are violated. 


Article 31
Whereof conservation forests are protected against logging, the
landowner or crop owner may file for compensation limited to the
extent of direct damage.
For the owner of a conservation forest who undertakes
reforestation, as stipulated in paragraph three of the preceding
article, and thus incurs reforestation expenditures, the said
expenditure shall be deemed damages, as defined above.
For the damages specified herein, the landowner shall be
compensated by the central government, which may order the legal
entity, organization or private individual that benefits from
the conservation forest classification to bear part or all of
the compensation.


Chapter V  Forest Protection

Article 32
To protect the forest, forest police may be instituted; where
forest police are not instituted, the local police shall assume
the duties of forest police. 
The administrations and district heads of villages (towns, cities)
are responsible for assisting in forest protection.


Article 33
The forest periphery may be designated a forest protection area.
The area shall be delineated by the government agency, presented
to the central government agency for approval, and promulgated
by the local government agency. 


Article 34
Prescribed burns shall not be started in forest areas and forest
protection areas. Parties that have a burning permit from a
relevant fire prevention institution, and which report to the
relevant government agency, are not bound by this limitation.
The permitted party must notify the owner or manager of adjacent
forests prior to conducting a sanctioned burn.
In carrying out a sanctioned burn, the permitted party must have
fire-extinguishing equipment on hand.


Article 35
The government agency shall institute a forest fire squad based
on forest conditions and organize a volunteer forest fire squad
as needed.


Article 36
Where a railway passes through a forest area or forest protection
area, fire and smoke prevention equipment shall be implemented;
the same is required of a factory situated near a forest
protection area.
Where electrical wires pass through a forest area or forest
protection area, equipment that prevents electrical shorts shall
be implemented. 


Article 37
Where there are biological hazards or disturbances in the forest
, the forest owner shall be responsible for their elimination or
prevention. Where hazards or disturbances are present, the
forest owner, when necessary and subject to permission by the
government agency, may enter another’s land to eliminate or
prevent hazards to forest biology. In the event of damages, the
forest owner shall be liable for compensation. 


Article 38
Should a forest be threatened or afflicted by biological
organisms and their spread or protraction, the government agency
may order the forest owner and other parties with interests in
the forest to perform actions required for the elimination or
prevention of said organisms.
The cost of said elimination or prevention will be based on the
area and value of the land, and shall be borne by the forest
owner. However, if a prior agreement has been made among those
sharing such costs, the terms of the agreement shall preside.


Article 38-1
The central government agency shall determine the methods used
to protect and manage forests, prevent disasters and carry out
rescues; the equipment used in forest protection; all aspects of
forest propagation; and the rewards for forest fire prevention.
For National Forest located within the traditional territory of
aboriginal peoples, the central government agency shall make it a
priority to advise aboriginal peoples community development
associations, legal entities or individuals with reforestation and
forest protection.


Chapter V-I  Protection of Trees

Article 38-2
The local government agency shall conduct general inspections of
the trees located in its jurisdiction. Trees, bamboo groves,
street trees and individual tree that are important with respect
to ecology, biology, geography, landscape, culture, history,
education, research, and community, as well as other important
meanings recognized by a local government agency as trees subject
to protection measures shall be recorded and announced.
For the announced protected trees mentioned in the preceding
Paragraph, the local government agency shall make it a priority to
increase protection measures, maintain the natural growth of tree
crown and trees’ quality, provide regular care and health
examinations, and protect the growth habitat of the trees. The
current status of the trees shall be regularly announced on the
website of the local government agency.
The measures of general inspection and standards of tree
protection mentioned in Paragraph 1 shall be formulated by the
central government agency.


Article 38-3
As a principle, trees that are located within the scope of lands
for development but are subject to protection shall remain in an
“as-is” condition. The aforesaid trees may not be logged,
transplanted, trimmed, or sabotaged by any other means unless
permission is granted by the local government agency. Furthermore,
the growth habitat of the trees shall be well-maintained.
To transplant the trees promulgated to be protected, the developer
mentioned in the preceding Paragraph shall submit a transplantation
and restoration plan for review and approval by the local government
agency before such transplantation may proceed.
All measures for matters related to the plan mentioned in the
preceding Paragraph, including its content, application, review
procedures, calculations of tree-crown area, and implementation
regulations for trimming and transplantation of trees, digging
tree holes, administration of pests control agents, health
examination and care, and habitat management, are formulated by
the central government agency. The local government agency shall
formulate the enforcement rules according to the local environment.


Article 38-4
After receiving an application for transplantation of protected
trees by the local government agency, the developer shall hold a
public explanation meeting to gather opinions from the public.
Relevant organizations, agencies, and local residents may, within
15 days after the public explanation meeting, submit an opinion
in writing to the developer and a copy to the local government
agency.
The local government agency shall convene a public hearing after
the developer's public explanation meeting and publish the date
and venue of the said hearing in newspaper(s) and website(s) or
publicize the information through another appropriate means. Any
member of the public may submit an opinion to the local government
agency for reference. In the case of a transplantation of protected
trees approved by the local government agency, the local government
agency shall docket the trees for future tracking and publish their
status on its website on a regular basis.


Article 38-5
For the transplantation of protected trees reviewed and approved
by the local government agency, the local government agency shall
require the developer to provide land and funds for the local
government agency's replacement planting of trees as compensation
to the ecological environment.
With regard to the ecological compensation mentioned in the
preceding Paragraph, relevant measures for the choice of location
of land, species, and quality of replanted trees, evaluation of
ecological functions, management of habitats, or compensating
funds, shall be formulated by the local government agency.


Article 38-6
For the management and protection of trees that is beyond the
scale designated by the central government agency, works of
planning, designing, and supervision shall be completed by
legally registered technicians who are professionals in the area
of forestry, horticulture, and have relevant skills, or the
technical consulting institutes which hire said technicians. In
the event that a work is handled by government agencies of all
levels, public corporations, and public institutions, the works
may be completed by persons who are accredited as corresponding
technicians in said agencies, corporations, and institutions.
The central government agency shall establish a training,
recruiting, and certification system of the professionals for
tree protection. The relevant measures shall be formulated by
the central government agency in consultation with the
Examination Yuan and the Ministry of Labor.


Chapter VI  Supervision and Incentives

Article 39
To register with the government agency, a forest owner shall
provide the geographic name, area, tree and bamboo species and
volume, a map of where the forest is located and the forest plan.
The rules governing forest registration shall be decreed by the
central government agency.


Article 40
Should there be an incident of forest neglect, over-development
for agriculture or over-logging, the local government agency may
assign specific management practices to the owner.
Should there be a breach of the said practices or wanton logging,
the government agency may order the termination of logging and
order reforestation. 


Article 41
Should reforestation be ordered, as stipulated above, but not
undertaken accordingly, the government agency may execute the
order, but the cost of reforestation shall be borne by the
obligated party.


Article 42
Whereas publicly and privately held undeveloped mountains and
lands shall be classified as forestry lands, the government
agency may order the owner to reforest within an assigned time
period. 
If reforestation is not completed within the specified time
period, the government agency may execute the order, but the cost
of reforestation shall be borne by the obligated party.


Article 43
In forest areas, unauthorized disposal of wastes or pollutants
is prohibited. 


Article 44
A harvester of state or public forests shall keep an account book
documenting the yield of each species, the volume, origins and
distribution channels. 
The said harvester shall choose a mark or seal to identify his
forest products. The mark or seal shall be filed with the local
government agency, and it shall be used before the forest products
are moved out of the forest.
The harvester, as defined in paragraph one herein, may not use a
mark or seal that is similar or identical the previously filed
mark or seal of other harvesters. 


Article 45
All forest products are subject to permitting and inspection by
the government agency prior to transport for distribution. The
terms of logging and harvesting permits, application procedures,
and due compliance requirements and inspection regulations shall
be decreed by the central government agency. 
The government agency shall set up checkpoints to inspect the
harvest at crucial locations along the roadways used to transport
forest products.
The said government agency or public official invested with the
authority of criminal investigation may, at their discretion,
inspect the harvester’s permit, account book, equipment and
materials. 


Article 46
By act, taxation of forestry land and forest products is
discounted or they are exempted. 


Article 47
A forestry business that meets one of the following criteria
may receive an award:
1. Special achievement in reforestation or forestry management;
2. A special forestry business whose forest products
   have significance to national defense or the nation’s
   economic development;
3. Large scale cultivation of forests as a commodity to supply
   industry, national defense, ship building, road engineering
   or other important applications;
4. Nurseries that propagate seedlings in large numbers for local
   reforestation;
5. Those who invent or improve tree species, or bamboo and wood
   applications and crafts;
6. Significant contributions to extinguishing forest fires, or
   mitigating the damage by pests or pathogen and disasters
   caused by man;
7. Significant contributions to the research improvement of
   forestry science;
8. Significant contributions to the security of the nation’s
   territory, conservation of water sources.
The award may be a cash prize, plaque, trophy or commendation
certificate. The qualifications, procedures and complete incentive
measures for such issuance shall be decreed by the central
government agency.


Article 47-1
In the case of special achievements in protection or adoption of
trees, provision of rewards in Paragraph 2 of the preceding
Article shall apply mutatis mutandis.


Article 48
To encourage reforestation by private individuals, aboriginal
people and/or organizations, the government agency may, depending
upon actual needs, provide free seedlings, rewards, long-term low
interest loans, or other assistance and rewards. The methods will
be decided by the central government agency and the aboriginal
peoples’ central government agency.


Article 48-1
To encourage long-term reforestation by private individuals
and/or organizations, the Government shall establish a
reforestation fund. The sources of funding shall be as follows:
1. Allocations from water-rights fees;
2. A reciprocation fund provided by those who undertake
   development of hillsides;
3. Penalty fines for violation of this Act;
4. Allocations from the engineering budget for water resource
   development projects;
5. Allocations from government budgeting procedures;
6. Donations;
7. Other sources of income.
The water-right fee in Section 1 and the proportion of the
allocation from the engineering budget for water resource
development projects in Section 4 herein shall be regulated by
the central water conservation government agency in conjunction
with the central government agency. At the time a permit is
issued for hill development, the reciprocation fund fee in
Section 2 shall be served. The obligated party, calculation
format, payment schedule, time period, procedures, and
regulations, shall be decreed by the central government agency,
and submitted to the Executive Yuan for approval. 


Article 49
Undeveloped mountains and lands owned by the state shall be
classified for forestry. Lands not reserved for state forestry
operation may be designated and classified by the central
government agency for reforestation leased to nationals of the
Republic of China.


Chapter VII  Penalty Provisions

Article 50
Those who steal primary forest products or forest by-products,
accept, transport, hoard or buy these stolen properties, and
those who abet these actions, shall be liable to at least 6
months but no more than 5 years of imprisonment. This may be
commuted to a penalty fine of at least three hundred thousand
New Taiwan Dollars (NT$300,000) but no more than three million
New Taiwan Dollars (NT $3,000,000).
Anyone who attempts to steal primary forest products or forest
by-products as stated above shall be subject to penalty.


Article 51
For unauthorized development or occupation of forest or
forestland, the offender shall be liable to six months to five
years of imprisonment; in addition thereto, a penalty fine of up
to six hundred thousand New Taiwan Dollars (NT$600,000) may be
imposed.
When the offenses listed above lead to disaster, the punitive
term shall be increased by one half. Those who commit offenses
that result in death shall be liable to imprisonment for at least
five years but not more than twelve years; in additional thereto,
a penalty fine of up to one million New Taiwan Dollars
(NT$1,000,000) may be imposed. Perpetrators of offenses that result
in serious injuries shall be liable to at least three years but
not more than ten years of imprisonment; in addition thereto, a
penalty fine of up to eight hundred thousand New Taiwan Dollars
(NT$800,000) may be imposed.
For offenses of Paragraph 1 involving a conservation forest, the
penalty may be increased by one half.
Should the offenses in Paragraph 1 result from negligence, and
lead to disaster, the responsible party shall be liable to no more
than one year of imprisonment; in addition thereto, a penalty fine
of no more than six hundred thousand New Taiwan Dollars (NT$600,000)
may be imposed.
Those who attempt to commit offenses stipulated in Paragraph 1
shall be punishable by the Act.
For offenses stipulated herein, articles used for the commitment
of or preparation for the offense or articles derived from or
acquired through the commitment of an offense shall be seized
whether they belong to the offender or not.
 


Article 52
Those who violate Paragraph 1 of Article 50 under any one of the
circumstances listed below shall be liable to at least one year
but no more than seven years of imprisonment; in addition thereto
, a penalty fine of five- to ten-fold the value of the stolen
property may be imposed:
1. Offenses committed in a conservation forest.
2. Offenses committed by an individual obligated to protect the
   forest according to a consignment to an organization or other
   contract agreement.
3. Offenses committed while exercising the right to harvest forest
   materials.
4. Offenses by more than two conspirators or the employment of
   other individuals therefor.
5. Using stolen goods as raw materials for producing charcoal,
   turpentine or other products, or for cultivating mushrooms.
6. Those who use livestock, vessels, vehicles or other equipment
   for transporting stolen forest products.
7. Those who excavate, destroy, incinerate or hide roots to cover
   up traces of crime.
8. Those who use stolen forest yields as fuel, for mining of
   minerals, refining lime, or for manufacturing bricks, tiles
   and/or other articles.
Those who attempt any of the above shall be subjected to penalty.
Those who violate Paragraph 1 by stealing primary forest products
shall be liable to a penalty that is 50% higher if the stolen
product is precious wood. This may be commuted to a penalty fine
of ten- to twenty-fold the value of the stolen property.
The aforementioned precious wood refers to species of trees with
high economic or ecological value as defined by central competent
authorities.
For offenses stipulated herein, articles used for the commitment
of or preparation for the offense or articles derived from or
acquired through the commitment of an offense shall be seized
whether they belong to the offender or not.
Violators or suspects of offenses listed in Article 50 and this
article may have their penalties reduced or may be exempted from
penalties if during the investigation process, they provide
statements on probandum highly related to the offense or evidence
against other principal offenders or accomplices that enable
prosecutors to prosecute the other principal offenders or
accomplices involved in the offence, only with the permission of
prosecutors.

 

Article 53
Anyone who sets fire to another’s forest shall be liable to from
three years to ten years of imprisonment.
Anyone who sets fire to his or her own forest shall be liable to
no more than two years of imprisonment or labor in confinement. This
sentence may be commuted to a penalty fine of no more than three
hundred thousand New Taiwan Dollars (NT$300,000). Should the fire
destroy another’s forest, the perpetrator shall be liable to from
one year to five years of imprisonment.
Anyone whose accidental fire destroys another’s forest shall be
liable to no more than two years of imprisonment or labor in
confinement. This sentence may be commuted to a penalty fine of no
more than three hundred thousand New Taiwan Dollars (NT$300,000).
Anyone whose accidental fire destroys his or her own forest and,
as a consequence, destroys another’s forest, shall be liable to
no more than one year of imprisonment or labor in confinement. This
sentence may be commuted to a penalty fine of no more than one
hundred and eighty thousand New Taiwan Dollars (NT$180,000).
Anyone who attempts any of the above shall be subject to penalty.


Article 54
In case of destruction, or damage to a conservation forest
sufficient to entail injury to the public or others, the offender
shall be liable to no more than three years of imprisonment or
labor in confinement. This sentence may be commuted to a penalty
fine of no more than three hundred thousand New Taiwan Dollars
(NT$300,000),


Article 55
Anyone who undertakes unauthorized land development or occupation
of another’s forest or forestland shall be held liable to
compensate damages sustained by the injured party.


Article 56
Anyone who violates Articles 9, 34, 36, 38-3, or Paragraph 1 of
Article 45 shall be liable to pay a fine of more than one
hundred and twenty thousand New Taiwan Dollars (NT$120,000) but
less than six hundred thousand New Taiwan Dollars (NT$600,000).


Article 56-1
Anyone committing any of the following shall be liable to a
penalty fine of from sixty thousand New Taiwan Dollars (NT$60,000)
to three hundred thousand New Taiwan Dollars (NT$300,000):
1. Violation of Article 6, paragraph two; Article 18; Article 30,
   paragraph one;Articles 40 and 43;
2. Failure of the forest owner or party of interest to comply with
   the government agency’s order to complete reforestation and
   necessary conservation measures within the assigned period
   according to Article 21;
3. Failure of the forest owner to take actions necessary for
   elimination or prevention as stipulated by Article 38;
4. Refusal of a forest product harvester to accept supervision
   during the harvest period by an adviser assigned by the
   administrative authority;
5. Moving, destroying or damaging signs placed in the forest
   by another party.


Article 56-2
The following conduct in a forest recreation area or Nature
Reserve, without permission from the government agency, is
subject to a penalty fine of at least fifty thousand New Taiwan
Dollars (NT$50,000) and no more than two hundred thousand New
Taiwan Dollars (NT$200,000):
1. Putting up advertising, signs or other objects with this
   purpose;
2. Collecting specimens;
3. Incinerating grass or trees;
4. Filling up, diverting or expanding a waterway or water
   surface;
5. Operating transportation for passengers goods.
6. Driving vehicles that adversely affect the forest
   environment.


Article 56-3
For any of the following, the offender shall be liable to a
penalty fine from one thousand New Taiwan Dollars (NT$1,000) to
sixty thousand New Taiwan Dollars (NT$60,000):
1. Failure to register as stipulated in paragraph one, Article 39,
   and continued failure to do so after notification;
2. Having committed any of the following in a forest recreation
   area or NatureReserve:
(1) Pick flowers or snap tree branches, or engrave text or
    graphics on trees, rocks,signs, display plaques or other objects
    fixed on the land;
(2) Unauthorized peddling;
(3) Spit, or dispose of fruit, paper or other wastes indiscreetly;
(4) Pollute the ground surface, walls, pillars and beams, water
    body or air, or produce loud or disturbing sounds.
3. Harass or destroy wildlife, nests or dens in a Nature Reserve.
4. Entering a Nature Reserve without permission.
Owing to their traditional living needs and activities, aboriginal
people are not bound by the above regulations.


Article 56-4
The penalty fines regulated by this Act shall be exercised by
the government agency. Any and all fines imposed according to
this Act that are not paid within the assigned period shall be
moved to court for forcible execution.


Chapter VIII  Supplementary Provisions

Article 57
The enforcement rules of this Act shall be decreed by the central
government agency.


Article 58
This Act shall take effect on the day it is promulgated.