Law on State Forest Service (1999)

Latvia StateForest Service Law 143 The Saeima I has adopted and the President has proclaimed the following Law: STATE FOREST SERVICE LAW CHAPTERI STRUCTURE AND FUNCTIONS OF THE STATEFORESTSERVICE Section 1. Stale Forest Service (1) The StateFor'8st S8rvlca (hAreinafter S9n1icA) if: a Stam civil inAtitutlnn !:l1lP'!rvi"AIi by tho Minic:tl'yof Agriculture. which Institution Is responsible for the implementation of uniform forest policyin all forests of Latvia, monitors compliance with regulatory enactments, and Implements support programmes for ensuring sustainable forestry. (2) The SeMC8 conslGts of the central headquarters of the Service and territorial units - State l$9ional forest offices that perfonn the functions of the StateForest Service Inspecifl(: territories, enda llnit established for the performance of special assignments. (3) Theunitfor performance of special assignments Is the Forest Research Station which has been ~ltlcllJlIlthw (tl! ltl.:lallunlJ I Clal"h UII lha IIlC1naYtlmCllll {)f fv~l:; .md f{)rClIlO)urlng I;;lll!linuily ur ::O,"",llun" research. (4)The territorial unitsof the Service and the Forest Research stationhavethe sfatuli\ of a legalperson. Section 2. Fund-Ions of the SeMe& (1)TheSeNice shallperform. within the scope of its competence, the following functions: 1)monDor. in all the forestsof latvia. compliance withsuchregulatory enactments as regulate forest mal'lagement and utlllsatlon~ 2) evaluate the operation of regulatory enactments with respedto management andutilisation of forests, andsubmit proposals to the Ministry of Agriculture to Increase thE, effectiveness of such regulatory enactments; 3) particlpate In the preparation of draft regulatory enactments regulating forestmanagement and utilisation; 4) issuepermits. certificates. licences. confirmaUons andotherdocuments prescribed by regUlatory enactments; 5) attestthe source ofobtaining of forest reproductive material and certifyforest reproductive material; 6} perform monitoring of forests andforestpathology states; I TheParliament of the Republic of Latvia 2 Disclaimer: The English lengull.F text below is provided by the Translation and Terminology Centre for infunnlltioo only, it confers no rights and imposes no obligations separate from tnose conterree1 or Imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Tenninology Centre uses the principle of gender-neutral language in itsEnglish tranSlations. In addition, gender-specific LatvianMUM havebeen translated as gender-neutral terms, e.g, chairperson. Translation e 2002TulkoAanas Wl tenninologijas centrs(Translation and Terminology Centre) Tire 144 7) check the qualityof forestinventorydata; 8) maintain the State ForestRegister; 0) examino huntol"O and IHUO hunting lioonl:iO;'j 10) organise the monitoring of forest fire safetyand the containment of fll'es; 11) administer the implementation of Stale-funded and internationally funded support programmes regarding forestry; 12)Inform the generalpubl"!c regardmg the s\8teat forests ana hurA g resources and un'isauon thereof; 13) manage scientific research forests for the purpose of conducting sustainable scientificresearch in forestry; 14)Inform andconsultforest owners regarding forestryissuesand therequirements of relevant regulatory enactments; and 1~) provide paidservices. (3) In the fleld of private law, the SeN\ce shal\have \he r\ghts oi a \ega\ person. (4) In performing the specifiedfunctions, the Service shall co-operate with the StateAudit OffIce, the Office of the Prooocvtor General, the Ministry of thG Interior, the Ministry of Environmental Proteotion and Regional Development, the NatiOnal Guardand the BorderGuard, and relevant unitsthereof, local governments andwith other interested institutions, as well as with the publie, In the field of controlof forest management andforest protection, the Service shall co-operate with relevant international and foreign organisations. CM»TERn OFFICIALSOF THE SERVICE, THEIRDUTIES ANDRIGHTS Section 3. OffIcials of the service (1) The Service shallbe managed by a DlreetorGeneral, who shalll>eappointed to anj:l released from Qffi~ uy the CtllJilltll in t;;UllfUfllIlly WiUl "Itt rtli.juiltlllltllll::; uf atKiUUII 7 ur Ultl 31<:1l., Civil attrvl"" Ltlw. (2) The officials of the Service responsible for performance of the functions of the Service shallbe the Director General, dlief for6St9n5, difectors, foresters and forestrangers. (3) ThQ Director General shall appoint head., of territorial units of th9 Service (chief forestel'$, directors) to office. (4) Otherofflelals of tenitorial units of the Service(foresters, forest rangers) shallbe appointed to offICe by the head of the relevant unit (chiefforesteror director). Section 4. Duties of Officials of the Service Officialsof the 5eNic& have a dUty to ensuremorntoong of 811 forests in~ wftt\ tM requlr&M~~ of forellt regulatory enactments, to stop and prevent violations of forest management. and to utilise regulations inorderto stop utilisation of forest landsfor unforeseen purposes, lilS well as to stop and prevent anyotheractivityhannful to the forest. Translation e 2002 Tulkosanas untenninoiogijas centrs (Translation and Terminology Centre) LatviaStateForest ServiceLaw 145 Section 5. Director Generalof the service The Director General of the Service shall: 1) be responsible for the perfonnance of tasks assigned to the Service; 2) manage and supervise the workof the central headquarters and territorial units; 3) detennine the rights. duties and responsibilities of the l'lfficlalSl and employelils of the Servicej 4) approve the structureof the S81Vlce and the list of employees of the central headquarters (staff list); 5) represent, withoutspecial authorisation, the interests of the Service In other institutions, provide directinstructions to each official and employee of the central headcuarters, as well as to the headsof tenitorialunits(chief foresters, directors); 6} develop and submitto the Ministry of Agriculture, In accordance with specified procedures, draft Service requests regarding the Statebudget, andadminister the bUdget of the Service; 7) examine complaIntS regal'dillg deciSIOns rakenand Instructions isSUed by offiCials of SUbordinate unitsandterritorialunits,andrevoke unjustified decisions taken andinstructions issued by the officials ref8lTed to, exceptdecisions regarding imposition of administrative sanctions thatare subjectto appeal in accordance withprocedures detennined by laW; 8) examine, within the scope of his or hercompetence, administrative violatton mattersand impose administrative sanctions for suchviolations as are SUbject, Inaecorcence with law,to the jurisdiction of the Service; and 9) specifythe territoryof operation of territorial unitsandapprove their by-laws. Section 6. Head of Territorial Units of the Service (Chief Forestl",. Directors) Heads of territorial units of the Service (chief foresters, directors) shall: 1) manage the work ofa territorial unit andberesponsible for perlonnam:e of thetasks assigned to it; 2) approve the internalstructure of a territorial unit andthe list of employees (stafflist); 3) examine complaints reoardino decisions takenand Instructions Issued by the heads of subordinate units andterritorial units,andrevokeunjustified decisions takenandinstructiOns issuedby the officials referred to, except decisions regarding Imposition of administrative sanctions thatare subjectto appeal in accordance with procedures determined by law; 4) examine, within thlil.COpe of his or her oompetenca, administrative violation matters and Impose administrative sanctions for suchviolations as aresubject, in accordance with law.to the jurisdiction of the Service; 5) bringan action in courtagainstpersons at fault regarding compensation for clvlllaw lossesIn accordance with procedures dotormlnod by law; and 6) represent. without spetia1 authorisation, \he- ter&$ls of \tie \eni\0Iia\ un\\. in otherins\\tU\\ons, and providedirectInstructions toeachofficial andemployee of the territorial unit. Section 7. Rights of Offlclals of the Service (1) In monitoring the observance of regulatory enactments that regulate forestmanagement and uUllsation, officials of the Service within the scope of their competence, havethe right: 1) to check on site. without hindrance, whetherthe requirements of regulatory enactments are OhS8MW in forest management; TranslationC 2002 Tulko!lanas un tenninologijas centrs (Translation and TerminologyCentre) 146 LatviaStateForestService Law 2) to suspend or prohibit the activityof those legalpersons and natural persons who violate regulatory enactments, as wellas stopanyotheractivityharmful to the fore$! andenvironment that Is specified in regUlatory enactments; 3) to check the personal Identity documents of violators, conveyv\olators to thepremises of the police or of local government institutions, aswell as to transfermaterials regarding forestoffences to law enforcement Institutions in order to holdthe guiltypersons liablein accordance with procedures detennined by law; 4) to check, In accordance With. procedures pre$Cribed in regulatory' enactments, the personal property of violators, theirmeansof transport, locations of acquisition, storage, processing and saleof illegally acquired products, tools for the acquisition of suchproducts andotherevidence, to remove illegally a.cquil'$d forestresources, hunting products and tools for committing of such violations: 5) to takedecisions, provideopinions and issueordersandinstructions, preparereports(statements), examine materials regarding violation of regulatory enactments Within the competence of the SBlVica and, if necessary, hold the persons at fault administratively liableandperform otheractivities provided rut by leyult:llUI y "flCl""'IIlGfl~. 6} to request andreceive, free of cl\arge,writtenandoral information from legalpersons andnatural persons, asweJlu to become acquainted with relevantdocuments and the situation onsite; '1) to O$ncol iIIOSQlly obt:linod c)t utilillOd pormite, eortlf'il'~to•. lieonr-"lOi! :Anti ~f1finrnatlnm~: and 8) to chBck 1ransportation recorda of umber. to &uspend or prohihlt the aet.ivit\es of tt\oM legalpersons andnatural persons who Violate the requirements of regulatory enactments relatedto the transportation oftimber. Section 8. Legal Protection of omc;I.I. of the Servlce (1) Forpreventing ofIiclais of the Service fromexerclslng their lawfulrights, for infringement of their honour, for threats or vlolenca dlracled towardS t)fficlala. as wellas for endangering the life of officials In the courseofthalr official duties, persons at fault shallbe held liableas detemlinad by law. (2) Qff\ciaI$ of the SeNioo havethe fight to purchase, store. caTTY anduse service weapons or other specialmeans ofself-defence. CHAPTERUl COMPUANCE wrrH DECISIONS TAKEN BYOFFICIALS OF THE SERVICE AND APPEAL PROCEDURES THEREOF Section 9. Compliance wtth the Requlrements of Officials of the 8erV\ee Declsions taken anddirections givenby officialsof the service withinthe scope of competence specified by law shall be mandatory for legalpersons and naturalpersons subject to the controlana supervision of the service, which persons are engaged In forest management. logging, timbertransportation andthe conductof recreational eventsin forests. Section 10. Appeal Procedures RegardIng Decisions and Instructions of Officials of the service Decisions taken (except decisions on the Imposition of admlnlstrative sanetlona that are subjectto apPB'1 in atoCOrUc:lOce with procedures determlnod by law) and Instructions issued by (lfficials of the Servir:e may be appealed inwriting within30 calendar daysof the receipt of such decisions or instructions. In accordance withthe fo"owlng procedures: 1) decisions takenand instructions issued by officialsof territorial organisational unils of the service shallbeappealed to the head Ofthe relevant terrllorial oryanl8ational unit (chief forester, director); Translation «> 2002Th\kobnasuntenninotogijas centrs(Translation andTerminology Centre) Latviastate ForestService Law 147 2) decisions taken and instnlctions issuedby the headsof relevantterritorial units (chiefforesters, directors) shall be appealed to the DirectorGeneral; and 3) decisions takenand instructions Issued by the DirectorGeneral shallbe appealed to the court. CHAPTERIV SERVICE PROVISiONS Section 11. Social Benefits for OffIcials (Emptoyees) of the Service (1) In addition to the base salaries. of officials. (employees) of the Servicewtlplements shallbe detefmiMd. for qualification!'! and length of serviCA in accordanCA with procedures prescribed by the Cabinet. (2) Lifeand healthof offICials of the S9fVice may be insured from the StatebUdget resources up to the amountof 24 monthsbasesalaryof the relevantofflcial. in accordance wtthprocedures prescribed by the Cabinet. SectIon 12. Fimmcla\ Provis'on of the SeMI;8 (1) The financial resources 01 the Service shall comprise: 1) a grant from me general revenue of Ule State budget; and 2) Income for paidservices provided by the Service. (2) For performance of Its tasks. the serviceshall be provided with the nece~;sary technical means <\ldm~pUI1.. ~muni~Uonll), and offillialo of tho Sorvioo ohoU bo provlclod INIth OOMeo flroMmI:. (3) The Service shallbe exempted fromthe paymentof courtexpenses regarding claimsfor compensation for suchlosses ashaveoccurred throughviolationof regulatory enactments that regulate forest management and utilisation if suchlossesare recovered to the benefitof the State. Section 13. ldentmcatlon Documents and ldent\fy g 'nslgm. 01Oft\cla\& 01tM. s.N\ca (1) Officlals andemployees of the Service shall havea service identification document. (2) Forthe performance of theirduties, officialsof the service shallbe provided. rreeof CIlSrge. With a service uniform that shallbe wornwhen performing their official duties. A sarnpleof the uniform shallbe approved by the service. TRANSITIONALPROVISIONS 1. By 1 February 2000,the cabinet shalladopt regulations withrespectto the implementation of this Law. 2. With the coming intoforceof thisLaw, the Slate ForestServiceshall be successorin Interest of such dutiesand obligations of the StateForestServiceas the StateForest Ser'Vk:o had up to the dayof coming into forceofthls Law. except, 1) duties with resped to State forest management, saleof forest resources in Stateforests and forest regeneration In Stateforests; 2) Obligations arising fromlogging contractsentered intoup to 28 May 1098 in accordance with Cabinet Regulation No. 335of 7 November1995,Reguiatloos on Procedures for Entering Into Long term Logging Contract5; 3) obligations arisingfrompurchasecontracts entered into in accordanca with Cabinet Regulation No. 319 of 25 August1998, Regulations on Tendering Procedures Regardlnn FellingAreasand Individual Trees; Translation (:12002Tu1ko~anas un terminologijas centrs (Translation andTerminology Centre) 148 latvia StateForest Service Law 4) obligations arising from forestregeneration worksecured withsecUlity depositin accordance with Cabinet Regulation No. 25 of 24January1995, Regulations on Forest Regeneration: and t)) obligatIOns arISing nomleaseCOIltraCUl Ofn\.lnting areas, enter&tl intoIn aet::OTd.ance with Ca"binet Regulation No.251 of 6 August 1995~ Regulations on Hunting, 3. Theobligations determined in Section 2 of Transitional Provisions, which regulations are not taken over by the State Forest Service, shall be takan over by the State Stock Company "Latvijas valsts meir' [Latvian StateForests) In accordance withthe procedurfi set out in regulal.ory enactments. This Law comes intoforceon 1 January, 2000. This Lawhas beenadopted by the Saelma on 25 November 1999. President Riga. 15December 1999 V.~.,..Freiberga Translation 02002 Tulkooanas untenninologijas centra (Translation and Terminology Centre)