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Explained: Executive Instructions for the Forestry Law

25-06-2024/in Analysis & Features, HLP /by Rand Shamaa

On January 14, the Ministry of Agriculture and Agrarian Reform issued Decision No. 5, which included the executive instructions for Forestry Law No. 39 of 2023. Similar to Law No. 39 of 2023, these instructions impose restrictions on the actions of private forest owners and require them to obtain licences from the ministry to manage and develop their forests under the ministry’s supervision.

Among these restrictions, the executive instructions mandate that owners submit a licensing application to the zoning unit of the ministry in the governorate, allowing them to manage their private forests. The licensing application must be accompanied by proof of identity, proof of ownership, and a cadastral statement of the property. A licensing application can also be submitted based on a land lease contract certified by the municipality.

The zoning unit, affiliated with the Ministry of Agriculture, operates in forested areas within the agricultural directorates. It is authorised under Law No. 39 of 2023 and its executive instructions to carry out various forestry activities and projects. This unit is distinct from the agricultural extension unit, which is part of the Agricultural Extension Directorate in the Ministry of Agriculture and is responsible for monitoring and training farmers.

If the forestry land is co-owned by a group of owners, the licensing application must be accompanied by a consensual partition document certified by the court. This is an agreement approved by all heirs in the civil court and issued by a judicial decision. The application must also include a written, notarised commitment from the applicant, declaring that they will not infringe upon the shares of other partners, under penalty of having their licence cancelled if opposition from any partner arises later, and a commitment to adhere to the Forestry Law and its executive instructions. If the private forests include co-owned lands that have not yet undergone delimitation and census process, the applicant must submit a cadastral statement issued by the Survey Office in the Land Record and a plan specifying the location and coordinates of their share of the property.

Another restriction imposed by the executive instructions requires private forest owners to obtain a licence if they wish to collect medicinal and aromatic plants from their land. This measure aims to preserve forest species from extinction. However, this contradicts Regulation No. 186 of 1926 on Land Delimitation and Census, which considers the property to include all plants and trees on it, thus making them the owner’s right. Consequently, the licensing requirement restricts the owner from benefiting from the fruits of their land, which is a fundamental aspect of property ownership rights.

The executive instructions specify three situations where a private forest owner is prohibited from utilising their forest land:

  1. If the forest plants are rare or endangered species: The determination of this is made by a decision issued by the Minister of Agriculture.
  2. If the private forest is a natural extension of state forests or within the buffer zone of state forests: This buffer zone includes lands within 200 metres of the state forests, with forest coverage exceeding 70 percent.
  3. If the removal of forest by the owner causes erosion in adjacent state forests: For example, if an owner of a private forest adjacent to state forests wishes to remove some trees, it is prohibited if it leads to degradation and erosion of the state forests’ soil.

On the other hand, depriving the owner of utilising their forest grants them the possibility of receiving compensation, albeit through a complex process outlined in the executive instructions. The zoning unit must send a dossier on the prohibition of the owner’s use of specific forests to the Agricultural Directorate. This directorate coordinates with the Ministry of Finance, the Farmers’ Union, the General Commission for Scientific Agricultural Research, and the General Commission for the Management and Protection of State Properties established under Law No. 43 of 2023. These entities form a committee to review the prohibition case and determine the appropriate compensation. The committee may propose compensation for the period of temporary restriction on forest use, submitting the proposal to the Minister of Agriculture, who can issue a decision and refer the dossier to the sub-committee on compensation under the Ministry of Agriculture.

According to the executive instructions, the committee can propose the complete expropriation of the property if deemed necessary. This proposal is then submitted to the minister, who issues a decision and refers the dossier to the subcommittee on expropriation in the Ministry of Agriculture. It is noteworthy that Forestry Law No. 39 does not mention the possibility of expropriating private forest land. Therefore, it seems unusual for the executive instructions to allow for the expropriation of private forests when the original law does not include this provision. This is considered an illegal overreach, especially since expropriation results in the owner being permanently deprived of their property without real guarantees of fair compensation.

Additionally, another restriction imposed by the executive instructions is that private forest owners must obtain a licence to reclaim their land for agricultural use if its forest coverage is less than 40 percent. They are also bound to preserve rare forest species. After submitting the application, a committee consisting of the head of the zoning unit in the governorate and employees from the Ministry of Agriculture will inspect the land to be reclaimed. The committee will determine the condition of the land, its forest coverage percentage, the type and number of trees to be cut for reclamation, the required time for this, and the reclamation period. Once the licence is granted, work must commence within three months, otherwise the licence will be considered void. Land reclamation in this manner is not subject to the provisions of the Agricultural Land Reclamation Law No. 29 of 2012.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2024-06-25 18:54:012024-06-25 18:54:01Explained: Executive Instructions for the Forestry Law

Explained: Syria’s New Forestry Law and Property Rights

23-01-2024/in Analysis & Features, HLP /by Rand Shamaa

Six years after the government enacted the Forestry Law No. 6 of 2018, President Bashar Al-Assad issued a new Forestry and Forestry Lands Law No. 39 in December 2023, replacing the old law.

Ostensibly, Law No. 39 of 2023 aims to protect, manage and preserve the forest environment on the principles of sustainable development in partnership with the local community. It introduces new concepts for forestry work and details the penalties for encroachments on forestry areas.

Law No. 39 distinguishes between two types of forestry lands: the first is state forests, including all lands owned by the state where the forestry cover exceeds 20 percent. The second type is private forests, i.e. lands owned by physical or moral persons, where the forestry cover exceeds 40 percent. The now-repealed Forestry Law No. 6 of 2018 had classified private forests as those with more than 60 percent forestry cover. Thus, the new law classifies more private lands as forestry, imposing restrictions on their owners that limit their freedom to manage them.

The new law also increases the area of the forestry buffer zone, which is the land surrounding state forests, extending 200 metres from all its borders. In this buffer zone, any construction harmful to the forest is prohibited. The size of the buffer zone may increase to one kilometre from all borders, depending on the type of forest, and is managed in special ways. The buffer zone in the repealed Law No. 6 of 2018 did not exceed 25 metres from all borders of state forests, which represents an increase in the area of private lands subject to restrictions that limit the freedom of their owners, such as prohibiting them from building except for residential purposes, provided that it is within the zoning plan and per the building code system.

Law No. 39 imposes restrictions to protect state forests, including prohibiting their sale, leasing and the creation of real estate rights over them, and prohibiting the transfer of their ownership, even to administrative units. However, owners of private forests are allowed to manage, develop and protect them under the supervision of the Ministry of Agriculture and Agrarian Reform.

The new law also imposes restrictions on private forests. If they are affected by a fire, even partially, a fire notice preventing any transactions is placed on their property record. This notice can only be removed with the approval of the Ministry of Agriculture after an inspection by the local forestry unit within the ministry. Before this, a natural regeneration of at least 40 percent is required for the burned private forestry land. The owner must also reforest the land under the supervision of the local forestry unit, achieving at least 40 percent coverage, wait two years, and ensure the trees are in good condition and evenly distributed.

Owners of private forests must obtain a licence from the local forestry unit in their area for pruning and cleaning their lands. They must also obtain a licence from the same authority to cut, transport and char forest wood according to specific conditions. Owners of private lands with less than 40 percent forest cover also need a licence before reclaiming and levelling their lands for agricultural use.

Law No. 39 of 2023 stipulates that the Ministry of Agriculture is not responsible for any damage caused if and when it applies preventative measures to stop the spread of fires from private forests and agricultural lands to state forests and vice versa, including damages from building forestry roads. This contrasts with the general principles of liability established by the Syrian Civil Code, which holds that any harmful act causing damage obliges the perpetrator to compensation. Also, Law No. 39 exempts the administration from liability for damages caused by its actions and does not require it to provide compensation. This is also in contradiction with the judicial precedent set by the Court of Cassation in Decision No. 107, Appeal No. 20 of 1967, which states that the administration is responsible for its actions based on error and requires three elements:

  • An error attributable to the administration
  • Damage inflicted on an individual because of this error
  • A causal relationship between the error and the damage

Finally, Law No. 39 imposes a prison sentence ranging from three months to two years and a fine double the value of the damage caused against anyone who uproots, damages or cuts down trees without obtaining a licence. The law considers this act a crime for which the court may not grant discretionary mitigating reasons to the perpetrator. The law also imposes penalties ranging from fines and imprisonment as well as criminal penalties such as life imprisonment and even the death penalty in cases of deliberately setting fire to forestry land with the intent of harming the national economy if this results in human death.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2024-01-23 20:53:242024-01-26 20:00:31Explained: Syria’s New Forestry Law and Property Rights

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