Forest Development, Protection and Utilization Regulation No.544 /2024

.Ü *¹þ1 Negarit G. P.O.Box 80001 ÃNÇ êU Unit Price FEDERAL NEGARIT GAZETTE OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA Content Regulation No 544/2024 Council of Ministers Forest Development, Protection and Utilization Regulation Page 15335 REGULATION NO 544/2024 COUNCIL OF MINISTERS FOREST DEVELOPMENT, PROTECTION AND UTILIZATION REGULATION This Regulation is issued by the Council of Ministers pursuant to Article 27 of the Forest Development, Conservation and Utilization Proclamation 1065/2018. PART ONE GENERAL PROVISIONS 1.Short Title This Regulation may be cited as the "Forest Development, Protection and Utilization Regulation No.544 /2024". 2. Definition In this Regulation unless the context otherwise requires: 1/ "Forest Developer" means a person who develops, protects and utilizes a forest for various purposes on his land holding; 2/ "Small-Scale Private Forest Developer" means a person who develops and utilizes a forest of less than 5 hectares on a private land holding; 30th Year No 21 ADDIS ABABA, 4th April, 2024 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 3/ "Large-Scale Private Forest Developer" means a person who develops and utilizes a forest of five hectares or more on private land holding; 4/ "Institutional Forest Developer" means a religious institution, government, or non governmental organization, which develops, protects, and utilizes a forest on its own land holding. 5/ "Beneficiary of Participatory Forest Land Management" means the community that has been granted the right to develop, protect and use forest and forest land under government holding; 6/ "Community Forest Developer" means a community living in an area, which jointly develops, protects, and utilizes a forest on communal land or on a catchment whose holding has been conferred legally or traditionally. 7/ "Forest Cooperative" means a legal entity organized under the Cooperative Societies Legislation to develop, protect and utilize forests, supply inputs, to add value or market forest products; 8/ "Association Forest Developer" means a forest developer including youth, women, professional associations or community watershed development association, which is not a member of a forest cooperative, but is organized under the auspices of other appropriate legislations to develop, protect and utilize forests; 15336 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 9/ "Concessionaire" means a person who has been granted the concession right through auction or other means to develop, protect and utilize state forest. 10/ "Forest developed for economic benefits" means plantation or natural forest developed for construction, industry, fuel wood or other economic benefits; 11/ "Forest developed for Environmental Protection" means a forest primarily developed for watershed management, protecting degraded forest land, wetlands, riparian areas and water towers; 12/ "Urban Forest" means a collection of trees or plants that have been planted or grown naturally in urban and suburban areas to provide various services. 13/ "Forest Degradation" means the reduction of a forest's environmental or economic benefits or biological resources from a better to worse state. 14/ "Deforestation" means changing a forest land to another land use by illegally clearing the forest. 15/ "Forest Demarcation" means preparing a forest map by identifying the location of a forest or forest land, and by erecting pillars, naming or putting a permanent sign; 16/ "Forest Resource Inventory" means collecting and documenting data on the quality and quantity of forest resources. 15337 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 17/ "Forest database" means a source of information on national forest cover, forest products, forest disasters, businesses and industries engaged in the forestry sector, demand and supply of forest products, prices, etc. 18/ "Forest disasters" means disasters that cause damage to forests and forest land, such as fire, disease, pests, invasive plant species, deforestation, and forest degradation. 19/ "Concession contract" means a contract agreement signed between the government and the concessionaire for the development, protection or utilization of a state forest; 20/ "By-laws" means an internal regulation that forest developers consensually put in place to enable them implement forest development, protection and utilization activities; 21/ "Certificate of professional competence" means a certificate, which allows for providing consulting services, research, training and similar services concerning forest development, protection and utilization; 22/ "Charcoal" means a forest product produced by adding value through the carbonization of wood using traditional or modern method; 23/ "Briquette" means a source of alternative energy produced from wood or non-wood forest products or from various plant by products; 15338 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 24/ "Forest Carbon Stock" means the amount of carbon sequestered or reduced emissions gained through forest development and protection; 25/ "Forest Carbon Registration" means the measurement and registration of carbon stock accumulated as a result of forest development and protection in the national registry database; Forest Carbon Ownership Right means ownership right of carbon stock gained through carbon sequestration or reduced carbon emissions; 27/ "Forest Carbon Benefit Sharing" means sharing the benefits from carbon trading among eligible beneficiaries; 28/ "Payment For Forest Ecosystem Services" means payment made to the forest developer by beneficiaries of ecosystem services for the provision of drinking and irrigation water, the supply of electric energy, and for protection from flood 29/ "Ministry" means the Ministry of Agriculture; 30/ "Ethiopian Forest Development" means the executive body of the federal government established in accordance with Article 48 Sub-article 1 of Proclamation No. 1263/2021; 31/ "Proclamation" means Forest Development, Conservation and Utilization Proclamation 1065/2018; 15339 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 PART TWO PRIVATE FOREST 3. Private Forest Owners The following shall be private forest owners: 1/ Small-scale Forest Developer 2/ Large-scale Forest Developer 4. Rights of Small-Scale Private Forest Developer Small-scale private forest developer shall have the following rights: 1/ Access to extension, training and other professional support; 2/ Award of certificate for developing, tending, utilizing and sustainably managing a forest; details shall be determined by a directive; 3/ To own forest carbon in the forest he has developed. 4/ To transfer ownership right of forest products including carbon to another party. 5/ To receive benefit from the sale of carbon and other ecosystem services generated from the forest developed on the land he holds; 6/ To receive administration and technical support from the government when transferring the carbon ownership right; 7/ Access to loan and insurance by using the forest he developed or the forest land he holds as collateral 8/ The right to receive incentives for planting and developing endangered indigenous tree species; details shall be determined by a directive. 15340 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 5. Obligations of Small-Scale Private Forest Developer Small-scale private forest developer shall have the following obligations: 1/ To submit evidence from the relevant body when utilizing endangered indigenous tree species grown on the land he holds; 2/ An institutional forest developer shall develop and sustain the protection of indigenous tree species and protected forests; 3/ To pay a service fee of 5 percent to the federal government and 15 percent to the regional government from revenue generated from the sale of carbon when he needs government support in the process of selling carbon; 4/ To provide information to and cooperate with authorized organization or an entity which is granted permission from the appropriate authority. 6. Rights of Large-Scale Private Forest Developer The rights of small-scale forest developers provided in Article 4 of this Regulation shall also apply to a large-scale forest developer; 7. Obligations of large-scale private forest developer Large-scale private forest developer shall have the following obligations: 15341 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 1/ To submit feasibility study and environmental and social impact assessment document prior to developing and utilizing a forest; 2/ To manage a forest according to an approved forest management plan; 3/ To submit evidence from the appropriate authority prior to harvesting threatened indigenous trees grown from a forest he developed on his land holding; 4/ To pay a service fee of 5 percent to the federal government and 15 percent to the regional government from revenue generated from the sale of carbon when he needs government support in the process of selling carbon; 5/ To timely report to the appropriate government body authorized to manage the forest sector when he faces an overwhelming problem, which is beyond his capacity, that threatens his forest, 6/ An institutional forest developer shall develop and sustain the protection of indigenous tree species and protected forests; 7/ To provide information to and cooperate with authorized organization or an entity which is granted permission from the appropriate authority. PART THREE COMMUNITY FOREST 8. Rights of Community Forest Developers The rights indicated in Article 4 of this Regulation shall apply to the community forest developer. 15342 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 9. Obligations of Community Forest Developers. The obligations specified in Article 5 of this regulation shall also apply to the community forest developer. PART FOUR ASSOCIATION FOREST 10. Rights of Community Forest Developer The rights indicated in Article 4 of this regulation shall apply to the Association forest developer. 11. Obligations of Association Forest Developer Association forest developer shall have the following obligations: 1/ The obligations specified under Article 5 of this Regulation shall also apply to the association forest developer if the area of the forest is less than five hectares; 2/ The obligations specified under Article 7 of this Regulation shall also apply to association forest developer if the area of the forest is 5 hectares or more; 3/ To acquire a permit from the appropriate body for transporting forest products from one locality to another; 4/ If the association forest developer does not comply with the obligations specified in Sub-Article 1 and 2 of this Article, he will forfeit the right to use the land he holds; 5/ To provide information to and cooperate with authorized organization or an entity which is granted permission from the appropriate authority. 15343 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 PART FIVE INCENTIVES FOR FOREST DEVELOPERS 12. Criteria To Incentivize Forest Developers 1/ To access forest land free of lease payment the private forest developer shall; a) Create job opportunities for youth and women; b) Develop forest to substitute imported forest products with locally produced products; c) Produce forest products, including carbon, to generate foreign currency; d) Use improved forestry technologies; e) Plan to fulfill its corporate social responsibility; f) Be given priority if he commits to develop degraded landscapes and areas vulnerable to disasters. 2/ To be granted tax relief; a) Small-scale and community forest developers shall submit certificate of land holding; b) Large-scale forest developers shall submit land holding certificate, approved forest management plan, feasibility study, and social and environmental impact assessment document. c) Submit written evidence from the concerned government authority confirming he has appropriately developed and protected forests based on the approved forest management plan. 15344 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 3/ To access loan from lending institutions a) Small-scale and community forest developers shall submit certificate of land holding; b) Large-scale forest developers shall submit land holding certificate, approved forest management plan, feasibility study, and social and environmental impact assessment document. PART SIX STATE FOREST 13. Demarcation and Designation of Forest and Forest Land 1/ Forest and forest land shall be demarcated and designated through discussions and agreement reached with appropriate institutions and communities living around the forest. 2/ Demarcated forests and forest lands shall be mapped and shall have boundaries and permanent marks/pillars/signs based on the land holding certificate; 3/ A database shall be organized to identify and to provide information on forest holdings; 4/ Forests shall be designated as productive, protective, or preserved forest based on their primary service; their designation may be changed as required; its implementation shall be determined by a directive. 5/ A forest shall be designated a productive forest when it meets the following criteria: 15345 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 a) If it is planted, developed or naturally occurring forest including bamboo, which primarily provides economic benefits. b) If it does not cause significant negative impact on ecosystems and biodiversity because of its designation as productive forest. 6/ A forest is designated as protected forest; a) If the forest serves as a center for hosting, protecting, breeding and conserving biodiversity. b) If the land use changes from forest to other land uses will have a significant negative impact on the ecosystem. c) If the area is susceptible to landslides, floods, etc. d) If it is being restored or is regenerating through manmade or natural means; e) If the landscape serves as a water tower; f) If it provides a significant contribution to ecotourism 7/ A forest is designated as preserved forest; a) If the forest ecosystem has significant national, continental, and global importance. b) If the forest has significant ecological, educational, scientific, historical, and cultural benefits. 15346 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 c) If the forest has important plant and animal types, diversity, and stock which are vulnerable to various disasters. d) If the area is vulnerable to landslides, floods and similar disasters; e) As necessary, additional criteria will be determined by a directive approved by the Ministry 14. Use and Management of Productive Forest The organization authorized by law to manage the forest shall: 1/ Prepare a forest management plan that considers trading and benefitting from carbon as appropriate; the forest shall be utilized in accordance with the approved forest management plan. 2/ Develop new production forests on its land holding on his own or through joint venture or other legal means by collaborating with private business owners and communities to supply forest industries; 3/ Pay 10 Percent of the revenue from the sale of forest products to the local community where the forest is located where upon the money shall be used for the provision of shared community services; 15347 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 4/ Transfer the rights and responsibilities of developing, protecting, utilizing and managing a productive forest in his possession to communities, associations or private forest developers under a concession or participatory forest management arrangement; the contract shall include the rights and obligations of the parties, the procedures for terminating the contract and appeals, and must be approved by appropriate justice organ at the administrative level where the party authorized to transfer the forest to the concessionaire is located; 5/ Identify forest land for production forest that could be developed, protected and utilized through participatory forest management, by organized forest developers or by private investors; 6/ Sell the wood-based forest products, including bamboo and charcoal, from productive forests by involving the community based on the forest management plan; 7/ Ensure that the revenue from carbon sales is used for forest development, protection, and utilization. 15. Management and Utilization of Protected Forest The organization authorized by law to manage the forest shall: 1/ Develop a management plan to protect and utilize the protected forest by considering the biodiversity and ecosystem in which they occur; 15348 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 2/ Administer the management of forests in lowland dry land areas in accordance with a management plan, which considers the livelihood of local communities and status of the ecosystem; 3/ Ensure that forest products and services are utilized based on a management plan; 4/ Ensure that the utilization of indigenous species considers, their diversity and abundance; 5/ Transfer the rights and responsibilities of the protected forest to communities, associations, or private forest developers, as appropriate, under a concession or participatory forest management arrangement; the contract shall include the rights and obligations of the parties, the procedures for terminating the contract and appeals, and must be approved by the appropriate justice organ at the administrative level where the party authorized to transfer the forest to the concessionaire is located. 6/ Develop deforested and degraded forest lands within and around a protected forest through manmade or natural means, by considering the status of the ecosystem; 7/ Put in place a system for controlling alien and invasive plant species that are harmful to protected forests; 15349 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 8/ Sell wood-based forest products, including bamboo and charcoal, from forests under participatory forest management by involving the community based on the forest management plan; 9/ Sell merchantable trees including bamboo for production purpose through auction based on an approved management plan; 10/ May allow the use of trees including bamboo within a forest, for the purpose of research; 11/ Ensure that environmental and social impact assessment document is submitted when it is found necessary to harvest forest products from a protected forest; 12/ Ensure that the revenue from the sale of carbon is used for forest development, protection, and utilization. 16. Management And Use of Preserved Forest The organization authorized by law to manage the forest shall: 1/ Develop a management plan based on the existing biodiversity within forests and the ecosystem in which they occur for protection, education, and research as well as for preventing damage and destruction; 2/ The federal government, regional government, communities involved in participatory forest management shall share 5%, 15% and 80% of the revenue, respectively from the sale of carbon and other sources of income; 15350 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 3/ Ensure that the revenue from the sale of carbon is used for forest development, protection, and utilization. 17. Rights of Beneficiaries of Participatory Forest Management 1/ Receive technical advice, training, legal and administrative support from the concerned party; 2/ Prepare a forest management plan in collaboration with the relevant government body; 3/ Access to non-timber forest products free of charge, for marketing and consumption purpose based on the forest management plan; 4/ Use 90 percent of the income from the sale of incense and gum based on the forest management plan, 5/ Use 70 percent of the income from the sale of wood-based forest products, including bamboo and charcoal, produced within protected forests based on the forest management plan; 6/ Use 90 percent of the income from the sale of wood-based forest products based on the forest management plan prepared for developing plantation forest to restore degraded lands; 7/ Use 60 percent of the revenue from the sale of wood-based forest products produced from state forests based on the management plan which is developed through the participation of government enterprises engaged in the forest sector; 15351 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 8/ Use 10 percent of the revenue from the sale of wood-based forest products produced from existing state forest plantations based on the management plan; 9/ Use 80 percent of the revenue from the sale of carbon; 10/ Transfer the ownership right of forest products including carbon to another party; 11/ Jointly develop, sell and share benefits gained from the forest including carbon sequestered in collaboration with non governmental organizations, private organizations or investors engaged in the forest sector based on a legally binding agreement; 12/ The right to receive appropriate compensation if a forest managed under a participatory forest management system is to be converted to an alternate land use, which will provide greater national and regional benefits; details shall be determined by a directive; 18. Obligations of Beneficiaries of Participatory Forest Management 1/ Prepare a forest management plan in collaboration with the relevant government body for the forest they manage; carry out, monitor and evaluate activities outlined in the management plan and the agreement, and submit a report; 15352 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 2/ Shall pay 10 percent of the revenue to the government from the sale of incense and gum based on the forest management plan. 3/Shall pay 30 percent of the revenue to the government from the sale of wood based forest products including bamboo from protected forests, based on the forest management plan; 4/ Shall pay 10 percent of the revenue to the government from the sale of wood based forest products based on the forest management plan from forests developed to rehabilitate degraded lands; 5/ Shall pay 40 percent of the revenue to the government from the sale of wood based forest products produced based on the forest management plan if they develop new plantation on the forest land under the holdings of government enterprises; 6/ Shall pay 90 percent of the revenue from the sale of wood-based forest products produced based on the management plan from existing state forest plantations; 7/ Shall pay 15 percent of the revenue from the sale of carbon to the regional government and 5 percent to the federal government; 8/ Timely report to the nearest forest office when encountering a problem which is beyond the community's capacity; 15353 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 9/ The contract signed with the government shall be terminated if communities do not comply with the obligations in Sub Article 1 to 8 of this article and the obligations contained in the contract, fully or partially. 19. Prerequisites for Forest Concession, Bidding and Decision-Making 1/ A forest shall be transferred to another party under a concession contract if: a) It is demarcated and designated as protected or production forest with comprehensive information; b) It has a forest management plan; c) It has environmental and social impact assessment document. 2/ The government body owning and managing the forest shall invite interested parties to bid for the concession through an open tender notice. 3/ Bidders for forest concession shall submit the following documents: a) Completed application form prepared by the concerned government body; b) or renewed forestry business license; c) Taxpayer identification number certificate; d) Guarantee bond for the performance of contractual obligations. 15354 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 4/ Criteria for screening bidders Bidders for forest concession shall be screened based on: a) The quality of the proposal for managing the forest put on auction for concession; b) The financial offer for managing the forest put on auction for concession; c) The financial capacity of the bidder; d) Size and quality of the bidder's workforce; e) Extensive experience in forest development, protection and utilization; f) Other criteria issued by the concerned forest office. 5/ When a community, living in areas where a forest is to be auctioned for concession, meet the screening criteria bidders it will earn additional 10 points in addition to the rating it gets from the screening; 6/ Content of the Concession Agreement a) The rights and obligations of the government and the concessionaire; b) A map showing the boundary and size of the forest; c) The duration of the contract shall be at least five years, which shall be renewed as necessary. d) The conditions for terminating the contract. 7/ Rights of the Concessionaire a) To receive technical advice, training, legal and administrative support from the relevant government body if the concessionaire is a local community or forest cooperative; 15355 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 b) To develop, protect, and utilize the forest according to the forest management plan and the concession contract; c) To receive appropriate compensation if a forest managed under concession is to be converted to an alternate land use, which will provide greater national and regional benefits; details shall be determined by a Directive; d) To use 80 percent of the income from the sale of carbon. 8/ Obligations of the Concessionaire a) Shall pay for the concession within the time limit specified in the contract; b) Deposit the guarantee indicated in the contract after the forest is handed over to him; c) Implement the activities specifically outlined in the forest management plan and the contract, and submit a written report; d) Timely report to the concerned government authority when encountered with a problem beyond the e) Cooperate with authorized government body or individuals or organizations granted a permit by the government to conduct research, monitoring, and evaluation; f) Pay 5 percent to the federal government and 15 percent to the regional government from the revenue gained from the sale of carbon. 15356 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 9/ A concession contract signed for the development, protection and utilization of forests shall be terminated: a) If the concessionaire fails to comply with the provisions of this regulation and the concession contract; b) When forests managed under a concession contract are found to be alternates for greater national and regional benefits; c) When it is confirmed that forest products have been harvested outside the authorized concession area without a permit. 20. Forest management plan The process for the preparation and approval of a forest management plan will be as follows: 1/ Forest management plan for large-scale forest developers shall be only prepared by professionals having a certificate of professional competence; 2/ When an authorized body prepares a forest management plan, he shall consult with stakeholders who have the right to benefit from the forest; 3/ The body authorized to manage forests at various levels shall be responsible for approving, requesting for revision or rejecting the forest management plan prepared and submitted by forest developers; 15357 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 4/ When a situation dictates that significant change shall be made in the forest management plan, the owner of the forest must revise the forest management plan and submit it for approval. 5/ When the lifespan of a forest management plan expires, the forest developer shall prepare a new management plan if he is interested in continuing with the development of the forest. PART SEVEN DUTIESAND RESPONSIBILITIES OF EXECUTIVE BODIES 21.Duties and Responsibilities of The Ministry 1/ Put in place a robust operational system for leading national forest development, protection and utilization efforts in collaboration with concerned federal and regional institutions; 2/ Issue Directives for providing legal recognition to community forest developers; 3/ Approve the protection of endangered indigenous tree species based on scientific study, and issue Directives for the development, protection and utilization of the species according to their level of vulnerability. 4/ Permit or prohibit the import or export of appropriate; 15358 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 5/ Prepare operational guidelines for issuing certificate for competence in forestry, forest development, and trading in forest products; 6/ The Ministry shall collaborate with the National Disaster Management Commission to coordinate national capacity for preventing and controlling the disaster when it receives information concerning incidences of forest disease and fire outbreaks that are beyond the capacity of regions; it shall call for international support if the disaster is capacity. 22. Ethiopian Forestry Development The Ethiopian Forestry Development shall have the following duties and responsibilities: 1/ Organize a national forest database, document, and stores information, analyze, and make it accessible to users. 2/ Conduct forest inventory and monitor the provision of ecosystem services every five years; analyze the data gathered through the inventory and organize it for evaluation and planning and share the information with concerned parties; 3/ Identify forests and forest lands that provide significant ecosystem services; submit a proposal to the Ministry to establish a system for payment for ecosystem services; 4/ Establish trade code for different forest products in collaboration with the relevant federal institutions. 15359 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 5/ Establish a stakeholder forum to strengthen the participation of government institutions, non governmental organizations and development partners involved in forest development, protection, and utilization. 6/ Facilitate the engagement of foreign investors in forest development, protection, and utilization in collaboration with relevant parties; 7/ Document the list of threatened tree species identified through research, prepare draft guidelines based on the research findings for the development, protection and utilization of the trees according to their level of vulnerability, and submit it to the ministry for decision; work in collaboration with regions to implement the decision; 8/ Build a system and national capacity for early warning, preventing and controlling forest diseases and forest fires; work in collaboration with regions to provide early warning information, prevent and control disasters; 9/ Report immediately to the Ministry upon receiving information about the occurrence of forest disasters beyond the response capacity of the regions; 10/ Ensure forestry is included in the curriculum of regular education starting from primary schools; 15360 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 11/ Support higher education and vocational training centers that provide theoretical and practical trainings with a curriculum that can modernize forestry development, protection and utilization activities; 12/ Develop a technical manual describing the process for developing a forest management plan, its contents and the procedure for approval; 13/ Prepare detailed procedures to ensure the implementation of this regulation. 23. Duties and Responsibilities of Regional States and City Administrations 1/ In collaboration with the relevant institutions, identify, designate and manage production, protected and reserve forests based on the criteria specified in this regulation; 2/ Notwithstanding the current practice, implement forest development, protection and utilization activities according to the land use plan that shall be issued; 3/ Identify forests that can be managed through participatory forest management or under concession scheme and manage the forest in accordance with this regulation; 4/ Regarding forests managed under concession contract; 15361 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 a) Assess and estimate the type and quantity of forest products produced in the forest, the monetary value of the concession and the guarantee bond, and develop an operational system for implementation; b) Prepare a document for concession; c) Ensure that the concessionaire has submitted the guarantee bond according to the agreement; d) Ensure that the concession payment is made within the deadline specified in the contract; e) Monitor the implementation of the forest management plan; f) Shall pay 10 percent of the income for local community development; g) Work with relevant parties to monitor the extent to which forest offices at various levels are using the revenue from the concession for the development, protection and utilization of forests; h) Notify, in writing, the concerned party that the agreement has been terminated by the relevant government body; I) Inform the local community about the termination of the agreement by posting a notice on a public display board; j) Has a responsibility to respond to inquiries that may be raised by a third party concerning forest ownership rights; 5/ Establish fire prevention and control system at all levels to protect regional forest resources from forest fire; 15362 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 6/ Gather early warning information before the incidence of fire; disseminate report for warning users; collaborate with the Regional Disaster Management Commission to take preventive measures when disaster occurs; inform the Ethiopian Forest Development when the capacity to prevent the disaster is beyond the response capability of the region; 7/ Develop and implement information and technology packages forest development, protection and utilization; 8/ Closely monitor and control the utilization of forest resources does not exceed the allowable harvest; 9/ Ensure that forests and forest lands shall be issued with certificate of land holding from the concerned government authority; 10/ Issue forest ownership certificate based on land holding certificates; 11/ Organize forest database at regional level, document, store and analyze data, provide access to users, and share information with concerned federal and other institutions; 12/ Submit quarterly report to the Ethiopian Forestry Development on forest development, protection and utilization activities undertaken at regional level; 13/ Repossess illegally appropriated forest lands and use them for forest development; 14/ Control and monitor the transportation of forest products by establishing checkpoints at appropriate locations; 15363 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 15/ Be compliant in implementing the rights and incentives granted to forest developers; enforces the execution of obligations. PART EIGHT MISCELLANEOUS PROVISIONS 24. Urban Forest Development, Protection, Utilization and Management 1/ Regions and city administrations shall develop urban forest on appropriate sites on their own or in collaboration with non governmental organizations or private investors; 2/ Forest development offices at various levels shall develop appropriate forest management plan for the establishment, management and utilization of urban forest; they shall also collaborate regions and city administrations in providing technical advice as appropriate; 3/ Urban forest owners shall manage the urban forests in accordance with the forest management plan. 25.Conservation and Use of Forest Developed for Environmental Protection 1/ In consultation with the local community and administration, identify species and sites for environmental protection; 2/ Consult with local communities and institutions concerning the purpose of forests to be developed for environmental protection and prepare a management plan. 15364 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 3/ Ecosystems or watersheds shall be protected from floods, sedimentation, landslide, and other disasters; human and animal interference shall be prevented through the participation communities and a forest management plan shall be developed for their sustainable development and utilization. 26. Prevention of Forest Disasters Without prejudice to the Proclamation, any party must have permission from the regional or federal government responsible institution for managing the forest before developing infrastructure, producing minerals, or undertaking other investment activities in the forest. 27. Production and Distribution of Forest Products Without prejudice to the Proclamation, a regional executive body shall allocate a portion of the revenue from royalty fee for forest development. 28. Prohibited Activities Without prejudice to the prohibitions in the Proclamation: 1/ Registering or using forest or forest land under government holding as private holding; 2/ Producing forest products in excess of the quantity allowed based on the forest management plan; 15365 gA U¶T Uz¤È qÜ R Federal Negarit Gazette No. 21, 4th April, 2024 29. Penalty 1/ If the provisions of Sub-Article 1 of Article 28 of this Regulation have been passed and the state forest has been registered or found to be in private possession, the privately registered forest will be subject to the return to the state land holding; the person who registered the state forest as a private possession will be held liable under the appropriate criminal law, 2/ Any person who produces more than the allowed amount of forest products in the first harvest season based on the forest management plan will be denied a second round of production license until he compensates the amount of products that he produced more than the allowed amount in the first harvest period. 30. Inapplicable laws No Regulation or Directive or customary practices that contradict this regulation shall be applicable to matters stipulated in this regulation. 31. Effective Date This Regulation shall enter into force on the date of its publication in the Federal Negarit Gazette. Done at Addis Ababa, on this 4th Day of April, 2024 ABIY AHMED (DR.) PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 15366