Order No. 178 of the Ministry of Environmental Protection and Natural Resources on Approval of the Typical Charter of the Territorial Unit of the State Sub Agency – Forestry Department of the Ministry of Environment Protection and Natural Resources of Georgia

1 Registered at the Ministry of Justice of Georgia Registration Code 010.240.070.22.023.010.064 Order of the Minister of Environment Protection and Natural Resources N 178 March 2, 2007. Tbilisi On Approval of the Typical Charter of the Territorial Unit of the State Sub Agency – Forestry Department of the Ministry of Environment Protection and Natural Resources of Georgia On the basis of the law on the structure, authority and activity rule of the government of Georgia, Article 26, clause 4, and resolution of the government of Georgia N 50 as of June 12, 2004 on approval of the charter of the Ministry of Environment Protection and Natural Resources, for the purpose of performance of the legal norms established by these normative acts, hereby I order: 1. Typical Charter of the Territorial Unit of the State Sub Agency – Forestry Department of the Ministry of Environment Protection and Natural Resources of Georgia shall be approved; 2. Order N 1077 as of October 6, 2006, of the Ministry of Environment Protection and Natural Resources of Georgia on approval of the typical charter of some territorial units of the forestry department – a sub agency of the Ministry of Environment Protection and Natural Resources of Georgia shall be declared void. 3. The present order shall be put into effect from March 1, 2007. D. Tkeshelashvili Typical Charter of the Territorial Unit of the State Sub Agency – Forestry Department of the Ministry of Environment Protection and Natural Resources of Georgia 1. The present charter defines functions, tasks, subject of activity and structure of the regional agencies of the forestry department - state sub agency of the Ministry of Environment Protection and Natural Resources of Georgia (hereafter – department); 2. regional forestry bureau (hereafter – bureau) represents a the territorial unit of the department, which is created commensurate with the requirements of the law on structure, authorities and the activity rule of the government of Georgia and the charter of the forestry department approved under the order of the Minister of Environment Protection and Natural Resources of Georgia N 76 on approval of the charter of the forestry department – sub agency of the Ministry of Environment Protection and Natural Resources of Georgia; 3. In the course of its activities the bureau adheres to Georgian Constitution, international treaties and covenants of Georgia, laws of Georgia, normative acts issued by the president, government of Georgia, Ministry of Environment Protection and Natural Resources of Georgia, legal acts issued by the chairman of the department and the present charter; 4. the staffing schedule of the bureau is approved by the chairman of the department; 5. the bureaus have their letterheads and seals with small national emblem; 6. each forestry district and the forest guards (rangers) of the bureaus have seals with the logo of the department. The seal has an identification number. List of the identification numbers is approved by the chairman of the department. 7. in the course of performance of its tasks the bureau acts on behalf of the department. 2 8. the burau is accountable against the department. Article 2. Territorial Units of the Department 1. Kvemo Kartli regional forestry unit 2. Shida Kartli regional forestry unit 3. Mtskheta Mtianeti regional forestry unit 4. Samtskhe Javakheti regional forestry unit 5. Imereti regional forestry unit 6. Guria regional forestry unit 7. Racha Lechkhumi and Kvemo Svaneti regional forestry unit 8. Samegrelo Zemo Svaneti regional forestry unit 9. Kakheti regional forestry unit. Article 3. Tasks and Functions of the Bureau Within its competence and scope of defined territory, the tasks of the bureau include: a. recording of the state forestry fund and protection from illegal cuts; b. development of proposals on restoration and protection of the state forestry fund and their submission to the department; c. development of proposals on usage of timber resources and their submission to the department; d. supervision over performance of forest arrangement and research works; Article 4. Rights and Obligations of the Bureau Within its competence and the scope of defined territory, the rights and obligations of the bureau are: a. record resources existing on the state forestry fund territory and submit them to the department; b. establish systematic control on forest protection and adherence to forest usage rules within the territory of the state forestry fund; c. presenting relevant proposals on allocation of the lands from the state forestry fund for the state and public needs; d. within the scope of its competence, while performing obligations imposed by the legislation, represent the department at relevant law enforcement and judicial establishments; e. within its scope of competence, prevent law violations in the territory of the state forestry fund, drawing up the protocol on administrative violations and transfer to the relevant establishments for further actions; f. according to the approved plan exercise measures and activities which shall secure sound management of the forestry fund and preservation and restoration of the composition of its natural eco systems; g. within the scope of its competence, under the rule established by the legislation, issue documents evidencing legitimacy of trees, their origin and legitimacy of the timber; h. In case of illegal cuts of trees in the forests, fires and other law violations, draw up relevant acts, among them protocols on administrative violations and exercise their review according to the rule established by the legislation. Expropriate illegally obtained forest products. i. Submit a claim to legal (regardless of ownership and legal organizational form) and physical persons to reimburse the incurred damage to the state forestry funds in case of illegal cuts, fires and violation of forest rules, in case of disobedience, submit a case to the court. 3 Article 5. Management of a Bureau 1. The bureau is managed by a head, which under the nomination of the chairman of the department is appointed and dismissed by the Minister of Environment Protection and Natural Resources. 2. Head of the bureau, for performance of assigned obligations, is accountable to the Minister of Environment Protection and Natural Resources and the chairman of the department. 3. Chairman of the department appoints and dismisses the employees of the bureau. 4. The employees of the bureau wear the uniforms of the department (it is mandatory for the heads of the forestry districts and rangers) and commensurate with the rule established by the legislation, wear service weapons. 5. Bureau employees while performing their obligations are accountable against the chairman of the department and the head of the bureau. Article 6. Structural Divisions of the Bureau Structural divisions of the regional forestry bureau are: a. administrative division b. forest management division c. monitoring division d. forestry district. Article 7. Head of the Bureau 1. Rights and obligations of the head of the bureau are: a. exercise management of the bureau commensurate with the normative acts and instructions determining the competence; b. impose systematic control over performance of the functions determined by the job descriptions of the employees; c. submit recommendations to the chairman of the department on expediency of holding promotion or disciplinary measures of bureau employees; d. exercise systematic control on management of the state forestry fund within its scope of competence within the limits of established territory; e. act on behalf of the bureau without a proxy; f. if necessary, issue proxies to the bureau employees; g. react on time when being informed on illegal cuts and act according to the effective legislation; h. ensure issuance of public information commensurate with the General Administrative Code of Georgia; i. submit proposals to the chairman of the department on expediency of staffing of heads of forestry districts and rangers per territorial principle; j. review action plans of the structural units and control their performance; k. on quarterly basis, submit a plan to the chairman of the department the on preventive measures aimed at protection of forests from illegal cuts and fires, pests and diseases, also on preservation and qualitative improvement of soil protection, water storing, climate regulating, sanitary hygienic, recreational and other types of forests. l. in case of absence, present the candidature of the temporary substitution to the department chairman; m. bearing responsibility for efficient functioning of the bureau and the delegated property; n. to exercise other functions granted by the legislation; 2. While performing its obligations, the head of the bureau is accountable to the chairman of the department. 4 Article 8. Head of the Forestry Fund 1. Head of the forestry fund: a. is responsible for management of the state forestry fund within the activity area; b. within the scope of competence, secures execution of measures designed by the department for management of the forestry fund; c. submits information to the head of the bureau on exercised measures; d. imposes systematic control on activities of the rangers; e. controls correct and timely filling of the statistical forms by the rangers and organizes its systematization; f. in case of force majeure, (fire, land slide, flood) at the activity area, shall immediately update the head of the bureau and plan initial measures to stop the progress of damage of the state forestry fund. g. in case of revealing illegal cuts in the state forestry fund, shall determine the extent the impact to the environment and send to the head of the bureau and relevant bodies for due reaction; h. exercises other functions granted by the legislation; 2. head of the forestry department is accountable to the head of the bureau and the chairman of the department. Article 9. Forest Management Division 1. Forest management division head: a. manages the activities of the division; b. develops the action plan of the division and submits to the head of the bureau; c. assigns functions to the staff; d. performs particular assignments of the head of the bureau e. analyses statistical forms received from the forestry districts and makes relevant conclusions; f. consistent with the effective legislation, identifies the impact to the environment inflicted as a result of illegal cuts and submits the report to the head of the bureau for further actions; g. reviews and systemizes relevant proposals on state forests development; h. develops proposals on usage of timber resources; i. ensures supervision over the progress of forest arrangement and investigation activities; j. exercises other functions granted by the law; 2. Head of the forest management division is accountable to the head of the bureau and the chairman of the department. Article 10. Administrative Division 1. Head of the administrative division: a. ensures coordination of the structural divisions of the bureau; b. organizes uniform administrative proceedings of the bureau and exercises control on performance of the assignments given by the chairman of the department; c. through the division provides legal support to the activities of the bureau; d. ensures issuance of public information commensurate with the requirements of the general administrative code of Georgia; e. within the scope of the competence of the bureau, acts on behalf of the department at judiciary and law enforcement establishments; f. ensures recording, storing and distribution of the material values delegated to the bureau; g. each month takes inventory of the documents of strict recording and submits results to the department; 5 h. records quantity and financial value of the issued firewood and material timber, makes combined statements and submits them to the department before 15th date of each following month; i. exercises other functions granted by the law; 2. head of the administrative division is accountable towards the head of the bureau and the chairman of the department. Article 11. Division of Monitoring 1. head of the monitoring division: a. reacts on illegal actions within the territory of the state forestry funds falling under the competence of the bureau commensurate with the legislation; b. reviews incoming applications and claims and if needed provides feedback; c. exercises control over adherence to the rules on the state forestry fund ; d. imposes control over discipline, law abidance and performance of tasks approved by the charter of the department. e. assigns tasks to the employees; f. draws up minutes on administrative violations; g. exercises other functions granted by the legislation; 2. Head of the division of monitoring is accountable to the head of the bureau and the chairman of the department. Article 12. Ranger 1. Ranger is in the composition of the forestry district; 2. Ranger: a. performs assignments and instructions of the head of the forest district; b. in the activity area holds a tour of inspection and imposes systematic control c. protects forestry fund lands from unsanctioned use d. in case of violation of the timber usage rules by the manufacturers immediately informs the head of the forestry district and draws up relevant protocols; e. is personally liable for wearing and storing the service weapons consistent with the effective legislation; f. ensures completion of the statistical forms regarding forest conditions and is personally liable for their accuracy; g. in case of detection of progress of the critical points or force majeure conditions, shall immediately inform the head of the forestry district and act in compliance with the given assignment; h. shall exercise other functions granted by the legislation; 3. The ranger is accountable against the head of the forestry district, head of the bureau and the chairman of the department; Article 13. Forestry Districts of the Bureau 1. Kvemo Kartli regional forestry bureau a. Bolnisi forestry district b. Gardabami Marneuli forestry district c. Dmanisi forestry district d. Tsalka Tetritskaro forestry district 2. Shida Kartli regional forestry bureau a. Tskhinvali Kornisi forestry district b. Kaspi forestry district 6 c. Java forestry district d. Khashuri Kareli forestry district 3. Mtsketa Mtianeti regional forestry bureau a. Akhalgori forestry district b. Pasanauri forestry district c. Barisakho forestry district d. Tianeti forestry district e. Mtskheta forestry district 4. Samtskhe Javakheti regional forestry bureau a. Adigeni forestry district b. Aspindza Akhalkalaki forestry district c. Akhaltsikhe forestry district d. Borjom Bakuriani forestry district 5. Imereti regional forestry bureau a. Bagdati forestry district b. Vani forestry district c. Zestaphoni Kharagauli forestry district d. Sachkhere forestry district e. Chiatura forestry district f. Tkibuli forestry district g. Khoni forestry district 6. Guria regional forestry bureau a. Ozurgeti forestry district b. Lanchkhuti forestry district c. Chokhatauri 7. Racha Lechkhumi and Kvemo Svaneti regional forestry bureau a. Ambrolauri forestry district b. Oni forestry district c. Tsageri forestry district d. Lentekhi forestry district 8. Samegrelo Zemo Svaneti regional forestry bureau a. Mestia forestry district b. Khaishi forestry district c. Martvili forestry district d. Chkhorotsku forestry district e. Tsalenjikha forestry district f. Kolkheti forestry district 9. Kakheti regional forestry bureau a. Akhmeta forestry district b. Gurjaani forestry district c. Dedoplistskaro Signagi forestry district d. Telavi forestry district 7 e. Lagodekhi forestry district f. Sagarejo forestry district g. Kvareli forestry district Article 14. Amendments and Modifications of the Charter The amendments and modifications to the charter are made consistent with the rule established by the legislation.