I. GENERAL PROVISIONS
Article 1 (1) This Act shall regulate the silviculture, the protection, harvesting and use of forests as well as the disposing of forests as a natural asset with the aim of providing sustainable, close-to-nature and multi-purpose management in accordance with the principles of protection of the environment and natural values, permanent and optimal functioning of forests as an ecosystem and the fulfilment of their functions. (2) The provisions of this Act that relate to forests shall also apply to other wooded land, unless otherwise provided by this Act. (3) This Act shall also regulate the requirements for the management of woodlands and individual forest trees and groups of forest trees outside settlement areas (hereinafter: outside settlements) for the purposes of preservation and fostering of their role in the environment.
Article 1a (1) This Act shall also regulate the implementation of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23; hereinafter: Regulation 995/2010/EU) and Commission Implementing Regulation No 607/2012 of 6 July 2012 on the detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations as provided for in Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market (OJ L 177, 7.7. 2012, p. 16; hereinafter: Regulation 607/2012/EU). (2) The competent authorities for the implementation of Regulation 995/2010/EU and Regulation 607/2012/EU shall be the ministry responsible for forestry, the Forestry Inspection Service and the Financial Administration of the Republic of Slovenia (hereinafter: Financial Administration), each in accordance with its powers. (3) The ministry responsible for forestry shall be authorised to keep records, exchange information, carry out checks on monitoring organisations and report to the European Commission in accordance with Regulation 995/2010/EU and Regulation 607/2012/EU. The Forestry Inspection Service and the Financial Administration shall provide all necessary information to the ministry responsible for forestry.
Article 2 (1) A forest is: - land covered with forest trees in the form of a stand that can reach at least 5 metres in height and spanning at least 0.25 hectares; - land under the process of tree colonisation spanning at least 0.25 hectares, which has not been used for agricultural purposes over the last 20 years and on which forest trees can reach a height of at least 5 metres and tree crown density has reached 75 per cent; - riparian zones and windbreaks wider than the height of adult trees, spanning at least 0.25 hectares. (2) Other wooded land is land covered with forest trees or other forest vegetation, covering at least 0.25 hectares, which is not forest and has not been used for agricultural purposes over the last 20 years. Other wooded land includes pens in forests used for raising game and areas within forests spanning at least 0.25 hectares that lie beneath overhead electrical power lines. (3) Forest infrastructure not allocated into a separate parcel is an integral part of the forest. (4) Forest or other wooded land under this Act does not include individual forest trees, groups of forest trees covering up to 0.25 hectares, tree avenues, parks and forest-tree plantations. (5) The provisions of this Act shall also apply to individual forest trees and groups of forest trees that grow outside forests where specifically provided by this Act.
Article 3 The terms used in this Act shall have the following meaning:
1. Woodland is a forest and/or forest land referred to in paragraphs one, two and three of the preceding Article, and non-forest land that is ecologically or functionally connected with the forest; together enabling performance of forest functions.
2. Forest management regions are integral territorial ecosystemic units that shall be defined to ensure sustainability of forests as well as for planning, steering and monitoring of the development of forests and woodlands regardless of their ownership. Forest management regions shall be divided into forest management units.
3. Forest ecosystems are biotic communities of plants and animals and their habitats, together with everything interdependent with them (influence of the environment on these biotic communities and vice versa).
4. Biological balance is the condition of a forest ecosystem that enables the existence, diversity and balanced relationship as well as development of plant and animal species.
5. Forest functions are ecological: the function of protection of forest soil and stands, hydrological function, function of conservation of biodiversity and climate function; social: protective function – protection of built structures, recreational, tourism-related, educational, research, hygienic-health function, the function of protection of natural values, the function of protection of cultural heritage, defence and aesthetic function; and productive: wood production, harvesting of other forest goods, and hunting economy.
6. Close-to-nature management is a way of managing forest ecosystems that is based on tending forests and ensures their preservation, increase in diversity of autochthonous plant and animal biotskega ravnovesja. species and establishment of biological balance.
7. Selecting trees for possible felling is a silvicultural tending measure, whereby individual trees or groups of trees are marked for felling in accordance with the condition of the forest ecosystem, the objectives, intensity of management and the needs of the forest owner.
8. Management of forests includes carrying out protection and silvicultural activities and all other work which is required for ensuring the ecological and social functions of forests, construction and maintenance of forest infrastructure, harvesting and use of forests and the disposal of forests.
9. Use of forests is an overall expression to indicate benefits from forest functions permitted under this Act to non-owners of the forest (picking mushrooms, fruits of forest trees and other plants which grow in forests, picking herbal plants and parts thereof, beekeeping, hiking, recreation in forests, etc).
10. Conversion is a silvicultural activity that changes the mix of tree species or completely substitutes the tree species composition in the forest where due to past over-exploitation of timber and other forest goods its site potential is not fully exploited..
11. Forest infrastructure includes forest thoroughfares (forest roads, tractor roads and permanent cableways) and other facilities in forests intended primarily for the management of forests.
12. Areas important for the preservation of wild animals are pastures, shrubland, quiet zones and other areas important for the reproduction and rearing of young, in forests and on forest edge.
13. Deforestation means removing all forest trees or other forest growth in order to convert the land use class to non-forest.
14. Clearing is the removal of all forest trees in an unrejuvenated stand where no change of land use class is intended, and refers to an area in which the average distance between the rims of the remaining stand is greater than the height of full-grown trees in that site.
15. Devastated forest is a forest in which, because of inappropriate management interventions, long-term and optimal operation and the performance of its functions are disabled.
16. Setting up tractor roads shall not represent an activity affecting the forest under this Act if so defined in a silvicultural plan.
17. Degraded forest means a forest in which due to negative external influences its productivity, and/or the production capacity of the site is reduced, or possibilities for performance of its functions are otherwise reduced.
18. Damaged forest means a forest where due to negative external influences natural development of the ecosystem and/or performance of forest functions are disabled. Damaged forest is a forest intended for recovery and represents an endangered environment pursuant to the regulations on the protection of the environment.
19. Protection activities are works carried out in order to prevent or limit disruption in the functioning of forests, as follows: - protection activities defined by silvicultural plans; - preventive protection activities: preventive and/or eradication measures (placing of control trees, setting up bark beetle traps, etc.) and fire protection measures (setting up and maintenance of firebreaks, firewalls, fire trails, fire warning boards, fire-fighting infrastructure sign boards, monitoring service, providing of water supply sites for helicopters, etc.); - salvage logging: felling of infested, insect-ridden, severely damaged or fallen trees; - skidding and taking away of infested, insect-ridden, severely damaged or fallen trees.
20. Decorative trees are forest trees cut for the purposes of decoration or celebration.
21. Deforestation for agriculture is an activity affecting the forest intended to change forest land use to agricultural land use.
22. Land under the process of tree-colonisation is land kept as such in the official register of the existing land use in accordance with the act governing agriculture.
23. Forest plantation is a plantation of forest trees intended exclusively for the production of wood, decorative trees or fruits and/or other parts of trees, where distances between the trees in the planting stage are the same as in the foreseen final development stage of the stand.
24. Free access means the undisturbed walking of persons in forests as well as other types of access to forests exercised on one’s own responsibility and in accordance with the regulations governing forests.
25. Forest wood products are felled wood of forest tree species, with or without bark, including: round or split wood or wood in another form (branches, roots, stumps and formations) as well as wood chips from wood harvested directly in the forest.
26. Vehicle is a motor vehicle, together with a trailer, or an animal-drawn vehicle.
27. Road is a public road, a non-categorised road used for public road traffic, or a forest road.
28. The terms public road, non-categorised road used for public road traffic, motor vehicle, trailer and animal-drawn vehicle shall have the same meaning as defined by the regulations governing roads, motor vehicles and road traffic rules.
29. Consignor of forest wood products is the owner of these products transporting them on his own or handing them over to another carrier on the basis of a contract with that carrier.
30. Recipient of forest wood products is a person entitled to take forest wood products over at the location of unloading.
31. Timber yard is a place where forest wood products are unloaded from a vehicle after they have been transported by road.
32. Timber and timber products are timber and timber products as defined by Regulation 995/2010/EU.
33. A bookkeeping document is a document as defined by the Slovenian Accounting Standards (Official Gazette of the Republic of Slovenia, nos. 118/05, 10/06 – corr., 58/06, 112/06 – corr., 112/06 – corr., 3/07, 12/08, 119/08, 1/10, 90/10 – corr., 80/11, 2/12, 64/12, 94/14, 2/15 – corr., 95/15 and 98/15) in connection with the Rules of Diligent Accounting (Official Gazette of the Republic of Slovenia, No. 95/15 and 98/15) and complying with the requirements laid down by this Act.
34. Site coefficient (hereinafter: SC) is a coefficient that reflects the permanent wood production capacity of a forest association, had this forest association not been altered by human activities. Site coefficient is a relative indicator of the quality of a forest association and is expressed in ranges spanning from the worst to the best forest association in relation to the average wood production potential of other forest associations.
35. Designated fire site is a place where the use of open fire in forests is allowed, and is designed, managed and situated in a forest and/or in a woodland in accordance with the requirements laid out by the regulation governing forest protection and fire protection.
36. Forest association is a community of various plant species with tree species as their main components. A type of forest association is developed under similar living conditions and is characterised by a particular species composition and structure.
37. A site that does not represent a hazard of further spreading of bark beetles is a centre for the concentration or processing of timber (hereinafter: centre), organised by the company Slovenski državni gozdovi, d.o.o. or another legal entity, a timber yard or any other site designated by the Slovenia Forest Service.
Article 3a (1) Designation of a part of a forest and/or forest land as construction land or for other purposes is only possible in spatial planning documents in accordance with the act governing spatial planning. (2) The provision of the preceding paragraph shall not apply to the construction of forest infrastructure in forests and/or on forest land and for carrying out works that are considered to be forestry investment maintenance activities under this Act. (3) Forestry-related investment maintenance activities under this Act shall include reconstruction of forest infrastructure, setting up and reconstruction of firebreaks, firewalls, fire trails and other similar works. The minister responsible for forestry shall define forestry-related investment maintenance activities and requirements for their implementation in more detail. (4) Forestry-related investment maintenance activities referred to in the preceding paragraph shall be considered to be investment maintenance activities according to the regulations governing construction.
Article 4 Forest owners may be legal and/or natural persons
Article 5 (1) Rights of ownership to forests shall be exercised in such manner as ensures their ecological, social and productive functions. The owner of a forest must therefore: - manage the forest in accordance with regulations, management plans and administrative acts issued on the basis of this Act; - allow open access to their forest, except in cases of profit-generating activities in the fields of tourism or recreation; - allow beekeeping and hunting as well as recreational gathering of fruits, herbaceous plants, mushrooms and wild animals in their forest in accordance with regulations. (2) Forest owners have the right to participate in the procedures of drafting and adoption of forest management plans. Their needs, proposals and demands shall be taken into account to the greatest possible extent in accordance with ecosystemic and legislative limitations. (3) The Republic of Slovenia must enable practical study in the forests it owns, as part of the forest management educational process.
Article 6 (1) The National Forest Programme and plans for forest management comprise the basis for forest management. (2) The National Forest Programme and plans for forest management shall ensure the following: - the preservation or establishment of natural composition of forest associations and measures for the comprehensive resilience of forests; - forest management which preserves all the functions of the forest and is based on the successful natural regeneration of stands; - appropriate exploitation of forest sites in accordance with the natural development of forest associations; - harmonising silviculture and the harvesting of wood and other forest goods. (3) Plans for forest management are: - regional forest management and game management plans; - forest management plans for forest management units; - silvicultural plans. (4) The spatial planning units are forest management and game management regions and forest management units. Forest management and game management regions shall be defined by the Government of the Republic of Slovenia, while forest management units shall be defined in regional forest management plans.
II. PLANNING
1. National Forest Programme
Article 7 (1) The National Forest Programme shall set out the national policy on sustainable, close-to-nature and multi-purpose forest management, the guidelines for preservation and development of forests and the requirements for their exploitation or multi-purpose use. It shall also include guidelines for sustainable management of wild animals and the preservation and improvement of their living conditions. (2) The National Forest Programme shall be amended and supplemented in accordance with changes that occur in forests and with changing management conditions. Every five years, the ministry responsible for forestry shall prepare a report on the implementation of the National Forest Programme and its five-year operational programmes. The report shall be adopted by the Government of the Republic of Slovenia. (3) The expert basis for the National Forest Programme shall be drawn up by the Slovenia Forest Service (hereinafter: Forest Service), a National Forest Programme proposal shall be drawn up by the ministry responsible for forestry upon preliminary discussion involving the public concerned and it shall be adopted by the National Assembly on the proposal of the Government of the Republic of Slovenia. (4) For the implementation of the National Forest Programme, the ministry responsible for forestry shall prepare five-year operational programmes adopted by the Government of the Republic of Slovenia.
2. Plans for the management of forests
Article 8 (1) Plans for the management of forests shall set out the requirements for harmonised use of forests and for developments in forests and woodlands, the necessary extent of silviculture and protection of forests, the highest possible rate of their exploitation and the requirements for managing wildlife. (2) The content of plans for the management of forests shall be public. (3) Plans for the management of forests are documentary material which must be permanently stored after the expiry of their validity.
Article 9 (1) Forest management plans are forest management and game management plans for regions and forest management plans for forest management units. Forest management plans are prepared as overall plans for all forests regardless of their ownership, taking into account the particularities of individual areas. (2) Forest management plans include a general part and a spatial part. (3) The mandatory baseline for the preparation of forest management plans is environmental principles pursuant to the regulations governing environmental protection. (4) The forest management plan shall also take into account the guidelines for the management of natural values and cultural heritage in woodlands, water management requirements and guidelines for enabling other forest functions, issued by the competent bodies and organisations. (5) Forest management plans shall also set out measures necessary for the maintenance of special protection areas designated under the regulations governing nature conservation at a favourable conservation status.
Article 10 (1) Taking into account the guidelines from the National Forest Programme, the identified state of the forests, the analysis of past management, the characteristics of forest development, the identified state of game populations and their environment and knowledge gained through the monitoring of forest development in the region, a regional forest management and game management plan (hereinafter: regional plan) shall set out the following: - forest functions and their evaluation; - goals, guidelines and measures for the management of forests and woodlands; - goals, guidelines and measures for game management pursuant to the regulations governing game and hunting; - guidelines for the preservation and/or establishment of the natural autochthonous composition of forest associations based on biological indicators. (2) The spatial part of a regional plan shall: - present the state of forests and other forest land; - within forests and other forest land, indicate areas that are intended for other uses according to spatial planning documents; - present areas designated as protective forests, forest reserves or forests with a special purpose, as well as protected and conservation areas, in accordance with the regulations governing environmental protection, nature conservation and water management; - define areas of individual forest trees and groups of forest trees outside settlement development areas that are important for the preservation and development of landscape or the preservation and development of habitats of wild organisms; - present the concept of forest infrastructure and other developments in woodlands; - designate areas where horse riding and riding a bicycle without an engine is permitted on marked tractor roads and other trails. (3) Forest functions that are defined and evaluated in terms of the level of their impact on forest management and are presented on maps and in inventories of forest functions within a regional plan shall be taken into account as an expert basis in spatial planning of national and local importance.
Article 11 (1) Taking into account the guidelines from the general part of a regional plan, the identified state of the forests, the analysis of past management, the characteristics of forest development and knowledge gained through the monitoring of forest development in a forest management unit, the forest management plan for a forest management unit shall establish: - forest functions and their evaluation; - the intensity and objectives of forest and woodland management; - guidelines for achieving the objectives; - measures and ways of implementing them according to basic forest planning units; - directions for management of individual forest trees and groups of forest trees outside settlements; - the site coefficient. (2) A forest management plan for a forest management unit may also define activities necessary for economical and efficient forest management. (3) The spatial part of the forest management plan of forest management units shall: - show areas designated as protective forests, forest reserves or forests with a special purpose, as well as protected and conservation areas in accordance with the regulations governing environmental protection, nature conservation and water management; - show areas proposed to be designated as protective forests, forest reserves or forests with a special purpose; - show areas under the process of overgrowing that are classified as forest in a forest management plan for a forest management unit; - designate forests areas in need of recovery; - specify the intensity of forest management; - designate areas important for the preservation of wild animals; - specify areas of individual forest trees and groups of forest trees outside settlements for which professional instructions for their management must be issued; - prepare an overview and concept of forest infrastructure and other developments in woodlands and designate multifunctional areas; - specify areas where individual selection of trees for possible felling is not mandatory. (4) The forest area and forest functions that are defined and evaluated in terms of the level of their impact on forest management and are presented on maps and in inventories of forest functions within a forest management plan for a forest management unit shall be taken into account as the expert basis in spatial development at the local level. (5) Forest parcels and data relating to them shall be recorded in the land cadastre in accordance with the regulations governing real estate records. (6) During the drawing up of a forest management plan for a forest management unit, the Forest Service shall notify, in writing, the local community and owners of all land under the tree-colonisation that has not been used for agricultural purposes for at least 10 years that the land left to further tree-colonisation will be classified as forest and/or other wooded land in the course of drawing-up the next forest management plan. (7) Forest associations and their SCs are specified by forest management plans for forest management units. The smallest area for specifying a forest association shall be 0.25 ha. (8) The lowest SC of a forest association within a basic planning unit shall be assigned for this unit. An individual forest parcel shall be assigned the SC of the basic planning unit within which it is located. If a forest parcel falls within several basic planning units, it shall be assigned the SC of the basic planning unit in which the largest part of the parcel is located. (9) On the initiative of a forest owner, the SC of a forest parcel may be reconsidered during the procedure of the adoption of the forest management plan for the forest management unit, between the start of its preparation and the conclusion of the public display of the draft forest management plan for the forest management unit. Such initiative shall be processed in accordance with the provisions of Article 14 of this Act. (10) The SC of a forest parcel may also be altered in the case of changed boundaries of the parcel or changed existing land use. The incurred material costs shall be borne by the owner of the forest parcel. (11) A more detailed method to specify a forest association and a more detailed procedure for assignment, reconsideration and alteration of the SC for a forest parcel shall be prescribed by the minister.
Article 12 (Deleted)
Article 13 (1) A silvicultural plan is an implementing plan of a forest management plan for a forest management unit in which the following shall be specified for individual forest ecosystems or parts thereof: - silvicultural objectives, directions and measures for management; - scope, intensity and urgency of silviculture and protection activities; - areas in which individual selection of trees for possible felling is not mandatory, and which are brought into line with a forest management plan for a forest management unit; - extent of felling in terms of quantities, time frame and area; - methods and conditions for wood harvesting; - directions and activities for simultaneous preservation and fostering of ecological and social forest functions. (2) Based on the silvicultural plan, trees for possible felling shall be selected. (3) Due to changes arising during development of forests or due to external effects on a forest, silvicultural plans must be amended or updated in such a way that silvicultural objectives and measures are accordingly adapted to these changes and that the extent of silvicultural and protection activities is specified anew. A motion to amend or update the plan may also be proposed by a forest owner. (4) A forest owner may, upon payment of the material costs, obtain an extract from the silvicultural plan for his forest.
3. Procedure for preparing and adopting forest management plans
Article 14 (1) At the beginning of the preparation of a forest management plan, the Forest Service shall, in the locally customary manner, notify forest owners and the public concerned who may present their motions during the preparation of a draft plan. A draft regional plan shall be approved by the professional council of the Forest Service, while a draft forest management plan for a forest management unit shall be approved by the professional council of a regional unit of the Forest Service. (2) The minister responsible for forestry shall order by decision that a draft forest management plan be publicly displayed. The duration of public display shall be 14 days. During public display, a public hearing shall be carried out. Forest owners and the public concerned shall be notified of the beginning and duration of public display and the public hearing in the locally customary manner. The decision shall also be published on the website of the ministry responsible for forestry. (3) After the conclusion of public display and public hearing, the council of the regional unit of the Forest Service shall consider comments and proposals and adopt its position on them. On this basis, the Forest Service shall prepare a proposed forest management plan. The proposed regional plan shall be approved by the Forest Service Council, while the proposed forest management plan for a forest management unit shall be approved by the council of a regional unit of the Forest Service. (4) The Forest Service must obtain the consent of the minister responsible for the environment, spatial planning and water and the minister responsible for nature conservation to the proposal of a regional plan, while for the proposal of a forest management plan for a forest management unit, they must obtain the opinion of an organisation responsible for nature protection and opinions of local communities on whose territory the forest management unit is located. (5) The consent and/or opinion must be issued within one month of the proposal of a forest management plan being submitted. If consent or an opinion is not issued or is declined within the given time limit, it shall be deemed to have been issued. (6) The Forest Service shall submit the proposal of a forest management plan, together with the above-mentioned consent and/or opinions, to the ministry responsible for forestry. The ministry responsible for forestry may return the proposal of a forest management plan to the Forest Service, which must change or amend it in accordance with proposed directions and within the time limit. (7) A regional plan shall be adopted by the Government of the Republic of Slovenia, while a forest management plan for a forest management unit shall be adopted by the minister responsible for forestry.
Article 15 (1) As a rule, forest management plans are drawn up for a period of 10 years. The Forest Service must submit the proposal of a new Forest management plan to the ministry responsible for forestry no later than on October 1 of the first year of the new period, except in the case of force majeure. A time-limit extension for the submission of a proposed forest management plan may be approved by the minister responsible for forestry, on the basis of a reasoned proposal from the Forest Service. The currently valid forest management plan shall be applicable until the adoption of a new plan. (2) During its validity, a forest management plan shall be amended or supplemented where necessary due to unforeseen changes in forests or in the significance of their functions, due to spatial development needs, due to its harmonisation with a higher-level forest management plan or with the National Forest Programme or with higherlevel spatial planning documents. (3) The minister responsible for forestry shall decide on a motion to change or amend a forest management plan. (4) Changes and amendments of forest management plans shall be adopted in the same way and according to the same procedures as forest management plans.
Article 16 The minister responsible for forestry, in agreement with the minister responsible for the environment, spatial planning and waters, and the minister responsible for nature conservation, shall prescribe the content of forest management plans, time limits and a more detailed procedure of adopting forest management plans as well as the methods for monitoring their implementation.
III. FOREST MANAGEMENT
1. Silviculture and harvesting of forests
Article 17 (1) On the basis of the silvicultural plan, the Forest Service shall issue to forest owners, after prior consultation and joint selection of trees for possible felling, an administrative order. The order shall define: - necessary silvicultural activities for regeneration of forests and tending of stand initiation up to pre-commercial thinning; - necessary protection work; - guidelines and time limits for carrying out and repetition of particular silvicultural and protective activities; - the quantity and structure of trees for the highest possible felling; - guidelines and conditions for felling and skidding of wood; - guidelines and conditions for harvesting of resin and decorative trees; - the period for which the order is issued. Complaints against the order, filed with the ministry responsible for forestry, shall be permitted. A complaint against an order shall not stay its implementation. (2) Possible felling under the preceding paragraph shall mean the maximum quantity of trees in gross cubic meters which the forest owner may cut during the validity of an order under the preceding paragraph. (3) Forestry activities must be performed in a suitable season, in a manner which least threatens the forest ecosystem and which ensures forest protection and the safety of people. Damage caused to the soil must be ameliorated immediately upon completion of skidding and/or transport. (4) The felling of forest trees and harvesting of resin and decorative trees shall be carried out only on the basis of an order referred to in paragraph one of this Article. (5) Notwithstanding paragraph one of this Article, in the procedure of issuing a decision, joint selection of trees for possible felling is not mandatory in areas designated under indent two of paragraph three of Article 11 of this Act. (6) If a forest owner decides to carry out a conversion, the conditions for the implementation shall be determined by the Forest Service by administrative order. (7) Detailed regulations for carrying out felling, dealing with logging residues, skidding, transport and stacking of forest timber shall be issued by the minister responsible for forestry.
Article 17a (1) As a rule, a decision referred to in the preceding Article shall be issued for a period of several years, but not for more than five years. (2) In the joint selection of trees for felling, the owner is responsible for the indicated boundaries of their forest. (3) If a forest owner or a felling operator fails to restore the felling site in accordance with this Act and the regulation governing the felling operations, the Forest Service may, by way of a decision, order them to carry out the works required for the felling site to be restored.
Article 17b (1) For the purposes of monitoring the traceability of trade in forest wood products in accordance with this Act, forest wood products that are loaded on a vehicle or are transported by road shall be accompanied by a bookkeeping document referred to in Article 17.c of this Act. After the loading and during the transportation of forest wood products, their carrier (hereinafter: carrier) must keep a bookkeeping document with them or in the vehicle and must, on request, hand it over to an authorised supervising official for examination. (2) Notwithstanding the preceding paragraph, a bookkeeping document shall not be required for forest wood products that are harvested in forests owned by natural persons, loaded on a vehicle or transported by road, if their total volume does not exceed ten cubic metres, if they are intended to be used by these natural persons and if they are transported by the forest owner or by the owner’s neighbour or relative in accordance with the regulations governing the prevention of undeclared work and employment. After the loading and during the transportation of forest wood products, persons referred to in the preceding sentence must have with them or in the vehicle an original tree felling permit (a decision on the selection of trees for felling, a decision on sanitation felling, a forest clearing permit, a decision on tending activities in a forest) or a copy thereof, issued to the forest owner by the Forest Service. On request, the document must be handed over to an authorised supervising official for examination. (3) Notwithstanding paragraphs one and two of this Article, a bookkeeping document or a wood felling permit shall not be required if forest wood products with a diameter of no more than ten centimetres at their thickest end (except for wood chippings and split timber) are loaded on a vehicle or transported by road if their total volume does not exceed ten cubic metres and other forest wood products are not loaded on a vehicle together with them. (4) Notwithstanding paragraph one of this Article, a bookkeeping document shall not be required for forest wood products that are loaded on a vehicle or transported by road and are a subject of sales or a gift between two natural persons. In such case, transportation of forest wood products shall be accompanied by a statement or another document indicating the type and quantity of forest wood products, place and date, consignor, carrier and recipient of the forest wood products. The consignor and recipient shall keep such statement or another document for five years from the date on which the transportation of forest wood products is carried out. Both consignor and recipient must sign such statement or another document. (5) The provisions of this Article shall not apply to forest wood products that are imported from third countries or brought in from other European Union Member States. In such case, a carrier must prove to the authorised supervising official that they are imported from a third country or brought in from another European Union Member State. (6) The provisions of paragraphs one, three and four of this Article shall also apply to forest wood products obtained from tree species growing outside the forest.
Article 17c (1) A bookkeeping document issued by a consignor must include: - information on the forest owner to whom a decision in an administrative procedure was issued on the basis of which they carried out the felling of trees. Information on the owner may be written in the bookkeeping document with an identification number, in which case the consignor must keep a record of identification numbers and must, on request of a competent authority, hand it over for examination; - information on the consignor of forest wood products (hereinafter: consignor); - information on the recipient of forest wood products (hereinafter: recipient); - Information on the carrier; - vehicle type and registration number, the place, date and time of loading, the place and date of unloading; - type and quantity of forest wood products and the serial number of the bookkeeping document. In the case of natural persons, information on the consignor, recipient and carrier shall include name and surname, address and tax identification number, while in the case of legal entities it shall include company name and registered office address or tax identification number. (2) Notwithstanding the preceding paragraph, information on the owner of trees to whom the felling decision was issued does not need to be specified in the bookkeeping document if the consignor is sending forest wood products from a timber yard for which bookkeeping of materials must be carried out in accordance with regulations. In such cases, the timber yard shall be specified. (3) Notwithstanding paragraph one of this Article, in cases of forest wood products obtained from forest tree species growing outside a forest, the name, surname and address or company name and registered office address of the parcel owner, parcel number and cadastral municipality of the parcel shall be specified in the bookkeeping document. (4) Forest wood products that are loaded on a vehicle or transported by road shall be deemed to be without a bookkeeping document if: - the bookkeeping document does not contain information on the owner to whom the felling decision was issued, the consignor, carrier and recipient, or if the specified information is false or incomplete; - the quantity of forest wood products is not specified in the bookkeeping document or if the specified type and quantity of forest wood products loaded on a vehicle or transported by road does not correspond to the actual situation. The quantity of forest wood products specified in the bookkeeping document, expressed in cubic metres, stacked cubic metres or tonnes, shall be deemed as not corresponding to the actual situation if the disparity exceeds 10 per cent of the actual quantity. (5) The bookkeeping document shall be drawn up in three copies, all of them signed. The consignor, the carrier and the recipient shall each keep one copy for the period of five years from the date on which the transportation of forest wood products was carried out. (6) If during the control of forest wood products that are loaded on a vehicle or transported by road it is established that the carrier fails to possess a bookkeeping document or documents referred to in paragraphs two and four of Article 17.b of this Act, the competent authority shall prohibit transportation and/or further transportation and the motorised vehicle or the trailer shall be laid up. The carrier is obliged to submit a bookkeeping document and/or documents referred to in paragraphs two and four of Article 17.b of this Act to the supervisory authority no later than within two hours of having been issued the order. Notwithstanding the preceding sentence, the time limit for the submission of documents referred to in paragraphs two and four of Article 17.b of this Act in cases of forest wood products deriving from sanitation felling shall be 48 hours. (7) If the carrier fails to submit documents referred to in the preceding paragraph, he shall be deemed to have failed to provide proof of ownership of the forest wood products that are loaded on a vehicle or are being transported by a vehicle.
Article 17d (Deleted)
Article 17e (Deleted)
Article 17f (Deleted)
Article 18 (1) Any act in forests which reduces the productivity of stands or the production capacity of the site, the balance or sustainability of forests and/or threatens their functions, existence or purpose shall be prohibited. (2) Notwithstanding the preceding paragraph, forest owners may collect in their own forests the seeds of forest trees and other forest goods if this does not cause devastation. (3) The transport and sale of decorative trees shall be allowed, provided the decorative tree is fitted with a seal on which the original forest management region and the year of removal are evident. The Forest Service shall issue such seals. (4) Non-forest land in forest may not be afforested unless this is envisaged in a forest management plan.
Article 19 (1) Forest owners may perform activities in their own forests and may be assisted in this by their legal heirs and their spouses and other natural persons in the form of neighbourly help. (2) Activities in a forest may also be performed by natural persons or legal entities registered to perform such works (hereinafter: operators) who fulfil the conditions regarding professional qualifications. (3) The minister responsible for forestry shall prescribe the minimum requirements that contractors must meet in order to perform work in forests.
Article 20 (1) For the purpose of drafting spatial planning acts for spatial planning areas according to other regulations, the Forest Service shall issue expert basis for managing individual forest trees or groups of trees outside settlements. (2) For the management of individual forest trees and groups of forest trees outside settlements that are considered important habitats and are treated as habitats of wild animals, the Forest Service shall issue to the owner a professional instruction based on the guidelines from the forest management plan for the forest management unit, fulfilment of which shall be taken into account in co-financing under indent two of paragraph two of Article 48 of this Act.
Article 21 (1) The consent of the Forest Service shall be obtained for the construction of buildings and for activities affecting the forest and/or woodland. (2) The opinion of the Forest Service shall also be obtained for the constructions outside the forest if it is evident from an environmental impact assessment report that the structure or the consequences of its operation would have adverse effects on the forest ecosystem and forest functions. (3) The consent referred to in this Article shall not be issued in cases where it can be expected that the effects of the planned development will substantially undermine the forest functions. The assessment of functions in forest management plans shall be taken into account when assessing these effects. (4) Before deforestation for agriculture a permit needs to be obtained from the Forest Service. (5) The Forest Service shall issue the permit referred to in the preceding paragraph by a decision if it establishes that deforestation is in accordance with a spatial planning document regulating the territory in which the forest or forest land is located. (6) Notwithstanding the decision referred to in the preceding paragraph, the Forest Service may also issue a permit for deforestation, even though it is not foreseen in the spatial planning document, but only if the area of the forest and/or forest land within which deforestation is to be carried out is no greater than 0.5 hectares and if such clearing is not to take place in a forest designated as protective forest or forest with a special purpose in accordance with this Act. (7) When a change of forest land to building land is envisaged by a local community spatial plan, the forest shall be managed in accordance with the act governing forests until the adoption of the detailed local community spatial plan, which may also lay down that the spatial development be carried out in stages. Deforestation may be carried out after the building permit has been issued upon previous marking and recording of forest trees, which shall be carried out by the Forest Service. Based on the final building permit, the Forest Service shall issue a declaratory decision in which the quantity and structure of trees designated for felling shall be specified.
Article 21a (1) Before the start of forestry-related investment maintenance activities, a permit shall be obtained from the Forest Service. The Forest Service shall issue the permit if the contractor who carries out forestry related investment maintenance activities attaches a plan, in accordance with the provision of paragraph three of Article 3.a of this Act, to the application for the issuing of the permit, and submits the consent of all owners of forest or forest land on which they intend to execute such activities. (2) Public gatherings or events may be organised in forests and/or on forest land in accordance with the regulations governing public gatherings and events. The organiser shall notify the Forest Service of such gathering and/or event.
Article 22 (1) Clear cutting shall be forbidden as a form of forest management. (2) Notwithstanding the prohibition referred to in the preceding paragraph, clear cutting shall be allowed if it is foreseen in a forest management plan due to silvicultural measures or if it is necessary due to sanitation felling or in order to carry out preventive protection activities.
Article 23 (1) The forest owner must reforest an area that has been devastated or clear cut in contradiction to regulations. The time limit for regeneration of the forest shall be determined by the Forest Service by administrative order. (2) The Forest Service, in cooperation with the forest owner, shall ensure regeneration of burned areas and forests damaged by natural disasters. The causer of a fire shall be responsible to the forest owner for damage caused and lost income, and to the Republic of Slovenia for the regeneration of the forest.
Article 24 (1) The fencing of individual parts of a forest may be permitted if: - so envisaged in the silvicultural plan for the protection of stand initiation against game for the period of time necessary to harmonise the game population with the environment; - necessary for the protection of drinking water sources, natural values and areas protected on the basis of regulations governing the protection of nature, cultural monuments or for scientific and research studies. (2) The Forest Service shall issue permits for setting up a fence referred to in the preceding paragraph on the proposal of an authority, organisation or individual within 14 days. The permit may also determine measures to restrict movement within the enclosed forest. (3) Forests with a special purpose may also be fenced if this is provided by an Act designating a forest to be a forest with a special purpose.
Article 25 (1) In forests where the collecting of animals, fruits, mushrooms or herbs would threaten any plant or animal species, or the functions of the forest, collecting may be limited or forbidden. Limitations on types, quantities, ways, places and times of collecting or prohibitions on collection shall be prescribed by the minister responsible for forestry. (2) In forests in which the owner cultivates trees also for their fruits, other persons may be prohibited from picking such fruits. The prohibition shall be ordered by the competent authority of the local community at the proposal of the forest owner.
Article 26 (1) If hauling, transport or stacking of forest wood products cannot be carried out otherwise, or if it would be disproportionately expensive in another way: - the owner or user of the forest must allow others temporary skidding, temporary transport or temporary stacking of their forest wood products in the owner's forest; - the owner or user of the farmland must allow others temporary transport or temporary stacking of their forest wood products on the owner's land. (2) If it is not possible to reach an agreement on the exercise of rights under the previous section, the Forest Service shall issue an administrative order at the request of one of the parties. In accordance with the regulations on expropriation, the order shall also define the level of compensation for the temporary use of the land. A complaint may be lodged with the minister responsible for forestry against that part of the order which determines rights under the preceding paragraph. It shall not be possible to lodge a complaint through administrative procedures against the part of the order that determines the level of compensation, but either side may, within thirty days of the order being issued, demand a decision on it from a court in civil proceedings.
2. Protection of forests
Article 27 (1) For the purposes of monitoring and fostering of biotic balance in forests, protection activities shall be provided: - by the Forest Service in forests, for individual forest trees outside settlements and at timber yards, - by the forestry inspectorate for individual forest trees within settlements. (2) Owners of forests and individual forest trees as well as owners of forest wood products must not hinder or prevent the execution of activities referred to in the preceding paragraph.
Article 28 (1) Owners or other users of forests or owners of forest wood products must carry out all measures prescribed by forest protection regulations for the prevention and eradication of plant diseases and overpopulated insects that can disrupt the biotic balance in forests and for the prevention of other damage in forests. (2) Measures under the preceding paragraph must also be ensured by owners of forest trees growing outside forests, and owners and users of land which is not forest according to paragraph three of Article 2 of this act, and non-forest land in the close vicinity of a forest.
Article 29 (1) By issuing a decision in an administrative procedure, the Forest Service shall order the owner of a forest and of individual trees outside settlements to carry out sanitation felling, skidding and transportation of infested, insect-ridden, severely damaged or fallen trees from a forest to a site that does not represent a hazard for further spreading of harmful organisms, preventive protection activities and the time limit by which the owner must carry them out. In the decision, the person liable shall also be warned that the ordered measures will be carried out pursuant to administrative execution referred to in Article 29a of this Act if they fail to carry out the ordered activities. The Forest Service must conduct the procedure referred to in this Article in such a way as to avoid excessive and unnecessary costs incurred by the person liable. An appeal lodged against such decision shall not stay its execution. If an individual tree has a status of natural value, the Forest Service must obtain the opinion of an organisation responsible for nature protection before issuing a decision. The owner must notify the Forest Service of the implementation of ordered measures within three days. (2) A forest owner may begin the execution of sanitation felling or preventive protection activities before a decision referred to in the preceding paragraph is issued, however, in such a case, they must notify the Forest Service of such intention in advance. (3) If biotic balance in a forest is disrupted to the extent that it cannot be re-established by the measures referred to in paragraph one of this Article or if the threat of other major damage exists, the Forest Service shall notify the ministry responsible for forestry of such situation. The minister responsible for forestry shall order additional forest protection measures and appoint contractors to implement them. (4) The minister responsible for forestry shall issue regulations on the protection of forests which shall prescribe the methods of carrying out activities in forests and the conditions for other uses of forests.
Article 29a (1) In the case of administrative execution through another person that is carried out on the basis of an enforceable decision on sanitation felling, skidding and transportation of infested, insect-ridden, severely damaged or fallen trees from a forest and execution of preventive protection activities through another person, sanitation felling and preventive protection activities shall be carried out and forest wood products shall be skidded and transported in the name and on behalf of the person liable. Sales shall be carried out by the enforcement agent of the administrative execution. Sale proceeds from sold forest wood products shall be deposited in a special sub-account opened by the Forest Service for this purpose. Within seven days of the sale proceeds having been transferred to the sub-account, the Forest Service shall pay the sale proceeds, reduced by the costs of execution (felling, skidding, execution of preventive protection activities), transportation, all works related to storage as well as costs of storage and sale, to the person liable. The Forest Service shall issue a special decision on all costs referred to in the preceding sentence and values of the sold forest wood products. The special decision on costs shall be issued by the Forest Service within a time limit that shall be shorter than the time limit for the payment of sale proceeds. An appeal lodged against the decision on expenses shall not stay its execution. (2) If the sales proceeds fail to cover all identified costs referred to in the preceding paragraph, the payment of the balance shall be covered by the Forest Service, which shall subsequently recover it from the person liable. (3) Forest wood products referred to in paragraph one of this Article shall be sold to centres selected by the Forest Service. The selected centres are obliged to buy forest wood products referred to in paragraph one of this Article at the minimum price at least. (4) The Government shall define the procedure and detailed requirements for the selection of centres referred to in the preceding paragraph, minimum prices and the detailed procedure for the sale of forest wood products.
Article 30 (1) Forest wood products of spruce, fir, pine and elm that are not infested with bark beetles may be skidded, transported, stored and processed with bark unpeeled, but they must be debarked or processed and their residues used or processed: - for wood products from winter felling (between 1 November and 31 March) by 15 May, and by 1 May in the Kras region, - for wood products from summer felling (between 1 April and 31 October) within 30 days of felling or within 10 days of their arrival at the timber yard. (2) Timber yards for forest wood products referred to in the preceding paragraph must be equipped with control-catch traps between 15 March and 31 October. (3) Forest wood products that have been infested with bark beetles must be debarked immediately and bark beetles must be eliminated or the infested forest wood products must be transported to a timber yard and processed within the set time limit, which shall be allowed and specified by the Forest Service's decision. (4) At the timber yards, certified chemical substances may be used for the elimination of bark beetles if this has no adverse effects on the environment pursuant to the regulations governing environmental protection.
Article 31 (1) The use of chemical substances in forests is prohibited. (2) Notwithstanding the preceding paragraph, certified chemical substances representing no threat to biotic balance may exceptionally be used in forests for the protection of stand initiation against game and for the eradication of overpopulated insects whose numbers cannot be reduced in any other way, as well as for eradication of forest tree diseases posing a threat to forests. (3) Permission for the exceptional use of chemical substances under the preceding paragraph, wherein also the manner of use is prescribed, may be issued by the Forest Service by administrative procedure. The time limit for issuing a permit is two days. (4) Notwithstanding the prohibition referred to in paragraph one of this Article, certified chemical substances representing no threat to biotic balance may be used for extinguishing forest fires.
Article 32 (1) Pasturage in forests is prohibited. (2) Pasturage may exceptionally be permitted by a silvicultural plan on the basis of criteria set out in the regulations on the protection of forests.
Article 33 (1) Fires may not be lit in forests except at designated fire sites and for the purpose of eradication of overpopulated insects and forest tree diseases posing a threat to forests. (2) The provisions of the preceding paragraph shall also apply to land which is not forest according to paragraph four of Article 2 of this act. (3) The burning of grassland and fallow land in areas in which fire could threaten a forest shall be prohibited. The burning of stubble in fields shall only be permitted in the permanent presence of an adult who has the fire under control.
Article 34 (1) Forests in the Kras region and other forests which are especially at risk from fire shall be defined as fire risk forests by the local community in the territory where they lie, on the proposal of the Forest Service. (2) Measures prescribed for fire protection shall be adopted and implemented for the protection of forests in the Kras region and other fire risk forests. (3) The use of an open fire shall be forbidden in forests from paragraph one of this Article.
Article 35 (1) The Forest Service shall monitor the extent and level of degradation of and damage to forests and report on this to the competent ministries, which shall order measures for removing the causes of the degradation or damage to forests. (2) Anyone who causes degradation and/or damage to forests must repay the owner of such forest for damage in accordance with the regulations on protection of the environment.
Article 36 (1) Habitats of autochthonous plant and animal species shall be preserved or restored in forests in accordance with forest management plans. In forests with altered composition of forest associations their natural composition shall be gradually restored. (2) The extent of populations of autochthonous species of wild animals in a forest ecosystem must ensure biotic balance and must not represent a threat to forest development or prevent the achievement of forest management goals.
Article 36a In the decisions issued in administrative matters referred to in paragraph one of Article 17 and paragraphs four and seven of Article 21, paragraph one of Article 29 and paragraph eight of Article 37 of this Act, the Forest Service shall specify the quantity and structure of trees assigned for felling, by tree species and diameter classes.
3. Construction and maintainance of forest infrastructure
Article 37 (1) Forest infrastructure must be planned, constructed and maintained in such a way that, in respect of technical, economic and ecological conditions, the forest soil, the flora and fauna are minimally affected. (2) Forest road planning must take into account not only the significance of the road for forest management and its conformity to the physical environment but also the existence and development of mountain farms and tourist and recreational needs. (3) Construction of forest thoroughfares is in the public interest. Forest roads shall be constructed, maintained and used in such a way as not to: - pose threats to water sources; - cause erosion processes; - prevent high water outflow from torrents; - increase the risk of landslides; - disrupt the balance on unstable ground; - reduce meteoric water runoff so as to pose threats to farmland or other land or pose threats to the existence of a forest or prevent its development; - adversely affect areas important for the preservation of wild animals; - adversely affect natural or cultural heritage; - pose threats to other functions or the multi-purpose use of forests. (4) If not provided otherwise by this Act, it is forbidden to use forest thoroughfares for purposes not related to forest management which would reduce or prevent the use of forest roads or increase the costs of their maintenance. (5) Tractor roads must be constructed and maintained in accordance with guidelines laid down in a silviculture plan. (6) The minister responsible for forestry, with the agreement of the minister responsible for the environment, shall issue regulations on the building, maintenance and manner of use of forest thoroughfares. (7) For the purposes of construction of forest thoroughfares, certified consent of forest owners who have in their ownership more than three quarters of the land area within the route of the planned forest thoroughfare shall be considered evidence of right to build pursuant to the act regulating construction. (8) In cases referred to in the preceding paragraph, the Forest Service shall, on the proposal of forest owners referred to in the preceding paragraph, issue a decision in an administrative procedure for the felling of trees and the implementation of other works for the construction of a forest thoroughfare on land located within the route of the planned forest thoroughfare whose owner opposed the construction of thereof.
Article 38 (1) Forest roads are forest thoroughfares that are primarily intended for forest management and are an integral part of a forest or other land they cross and are of a public nature. The Forest Service shall keep records of forest roads and estimate the area of non-vested forest roads, which shall be deducted from the cadastral income basis for the assessment of taxes and other duties. (2) Forest roads which also enable access to farms, hamlets or villages, tourist facilities, day-trip and other similar facilities predominantly of a public nature, shall be considered as belonging to the local community. (3) Funds for the maintenance of forest roads shall be provided by local communities from their own financial resources and from incomes referred to in Article 49 of this Act as well as by the Republic of Slovenia. (4) Maintenance of forest roads shall be ensured by the local community pursuant to the maintenance programme prepared by the Forest Service in cooperation with the local community.
Article 39 (1) Forest roads may normally also be used by other users, but they shall be marked as forest roads and other users may use them at their own liability. (2) Users shall use forest roads in accordance with the regime of their use set out by the Forest Service in cooperation with the forest owners. (3) The Forest Service, in cooperation with the local community, shall mark forest roads and the regime of their use with warning notices or other signs. (4) The Forest Service shall set out special traffic regimes on forest roads in protected forests and in forests with a special purpose, in fire risk forests and in forests which are defined in the spatial part of forest management plans as areas important for the survival of wild animals, or in other similar cases.
Article 40 (1) Driving in forests off forest roads is only permitted for forest management or for rescuing people or property. (2) Driving vehicles above a certain weight is forbidden when forest roads are waterlogged. The Forest Service shall mark the maximum allowed weight of vehicles and the duration of such prohibition on warning notices. (3) Notwithstanding the provision of paragraph one of this Article, horse riding and riding a bicycle without an engine shall be allowed on marked tractor roads and other marked trails in areas designated in the spatial part of a regional plan. (4) Trails referred to in the preceding paragraph and the requirements for their use shall be specified by forest owners, the Forest Service and the local community pursuant to the regulations governing forest thoroughfares.
Article 41 (1) Excessive use of a forest road (hereinafter: excessive use) shall mean increased daily traffic of vehicles that is not related to forest management but is the consequence of a gainful activity. (2) Excessive use is temporary if it lasts less than 30 days. Otherwise, it shall be considered permanent excessive use. (3) For excessive use, the user shall, on the basis of written consent of the owners of at least a half of the ownership interest in the forest road area and the consent of the Forest Service declaring the excessive use to be permissible with regard to the significance of the forest functions, obtain a permit from the local community that maintains the forest road. (4) After excessively using a forest road, the user must, within 14 days of the last day of use of the forest road, rectify the potential consequences of such use on the road or pay compensation for the possible damage caused on the forest road. (5) Compensation referred to in the preceding paragraph shall be set by the local community on the proposal of the Forest Service. The compensation shall be considered income of the local community's budget and shall be used for rectification of the consequences of temporary excessive use of the forest road. (6) The criteria for setting compensation shall primarily include: - standards for maintenance of forest roads, - prices valid for maintenance activities on forest roads in a local community, - condition of the forest road prior to excessive use, - condition of the forest road after excessive use. (7) Detailed requirements, procedures and criteria under this Article shall be prescribed by the minister responsible for forestry.
Article 42 (1) Where logging and/or skidding operations cannot be carried out outside the roadway, the forest road must be closed. The closure to traffic must be clearly marked by the performer of these operations, who must obtain permission to do so from the Forest Service. A day's closure may last no longer than 10 hours, and its beginning and end must be indicated. When the closure lasts a number of days, the Forest Service, in cooperation with the owner of the forest, shall produce a special traffic plan and post it on warning notices. (2) The Forest Service may mark the permanent and complete closure of forests roads with a road sign prohibiting traffic. The Forest Service may determine which forest roads shall be closed with a gate. (3) Based on prior permission of the Forest Service, forest roads may also be closed to provide safety, forest road maintenance works, hunting and holding of public gatherings and/or events. (4) The closure of forest roads, except closure under the provisions of paragraph two of this Article, shall not apply to residents of nearby settlements who use these roads on a daily basis.
IV. PROTECTIVE FORESTS AND FORESTS WITH A SPECIAL PURPOSE
Article 43 Forests in adverse ecological conditions which protect themselves, their land and lower-lying land, and forests in which there is a particular emphasis on any other ecological function, shall be declared protective forests.
Article 44 (1) Forests with an especially emphasised research function, a function of protection of natural values or a function of protection of cultural heritage shall be designated as forests with a special purpose. (2) Forests with an especially emphasised protective, recreational, tourism-related, educational, hygiene and health function, defence or aesthetic function may be designated as forests with a special purpose. Forest land on which storage or training facilities for the purposes of defence are located shall also be deemed to be forests with a special purpose. They shall be managed by the Ministry of Defence in accordance with this Act. (3) Forests in areas protected under the regulations governing nature conservation shall also be deemed to be forests with a special purpose. (4) (Ceased to be in force)
Article 45 (1) Protective forests and forests with a special purpose referred to in paragraph one of Article 44 of this Act shall be designated as such by a government regulation. (2) Forests with a special purpose referred to in paragraph two of Article 44 of this Act shall be designated as such by a local community regulation if the exceptional significance of the forest functions is in its interest, or by a government regulation if the exceptional significance of the forest functions is in the national interest.
Article 46 (1) Regulations by which a forest is designated a protective forest or a forest with a special purpose shall determine the regime of management of such forest, the operator of such regime and the person responsible for providing funds for the costs that may arise due to the special regime of management or special regime of arranging and equipping a forest with a special purpose. (2) Where the designating of a forest to be a protective forest or a forest with a special purpose restricts the enjoyment of ownership or the exercise of ownership rights to a forest, the owner shall have the right to demand appropriate tax relief or the right to compensation according to the regulations on appropriation, or may demand that the Republic of Slovenia or the local community which has declared the forest to be a protective forest or forest with a special purpose, buy this forest. If the owner so demands, the body responsible for designating it so shall be bound to buy the forest. (3) The forest owner’s consent must be obtained for a forest with an especially emphasised research function to be designated as a forest with a special purpose. (4) Work which is necessary for providing specific especially emphasised social functions of a forest which is not designated a forest with a special purpose shall be defined by contract between the owner of such forest and the state and/or local community. The contract shall also determine the level of compensation to the forest owner for the reduced wood production function, and the level of recompense for carrying out works defined in the contract. (5) Notwithstanding the regulations governing physical and spatial planning, the minister responsible for forestry may approve an activity affecting a protective forest or a forest with a special purpose if the activity does not substantially reduce the function due to which such forest was designated.
V. FOREST LAND TRANSACTIONS
Article 47 (1) The Republic of Slovenia shall have prior right of purchase to forests under Article 43 and paragraphs one, two and three of Article 44 of this act, unless there is special emphasis in the functions for which the forest was designated a forest with a special purpose, in the interests of the local community. (2) The local community of an area in which forests which are to be sold lie, shall have prior right to purchase forests under paragraphs two and three of Article 44 of this act if there is special emphasis on the functions for which the forest was designated a forest with a special purpose, in the interests of the local community. If the local community does not exercise its prior right to purchase, this right shall fall to the owner whose land borders the forest which is to be sold. (3) Notwithstanding the provisions of paragraphs one and two of this article and the regulations governing the pre-emptive right in land transactions, the Republic of Slovenia or a legal entity managing state forests shall have a pre-emptive right in purchasing forest complexes with an area spanning over 30 hectares. In cases in which land is located within protected areas under the regulations in the field of nature conservation, such legal entity must obtain the opinion of the minister responsible for nature conservation, which is deemed to be the statement referred to in Article 84 of the Nature Conservation Act (Official Gazette of the Republic of Slovenia [Uradni list RS], no. 96/04 – official consolidated text and 61/06 – ZDru-1). (4) In forest land transactions referred to in Articles 43 and 44 of this Act and the preceding paragraph, an administrative unit shall notify a legal entity managing state forests or a local community of its preemptive right. If a legal entity managing state forests or a local community exercises its pre-emptive right, the publication of the offer on the notice board of the administrative unit and on the e-Uprava national portal shall not be deemed necessary. (5) The pre-emptive right under this Act shall be exercised in such a way that the beneficiary referred to in the preceding paragraph shall, within 30 days of being notified by the administrative unit, notify the real estate owner and the administrative unit, in writing, that they accept the offer. (6) Land parcels that constitute a forest and are smaller than 5 hectares may only be divided if: - land use on such parcel or part thereof is not specified as forest in spatial planning documents or - this is necessary due to the construction of public infrastructure or - they are a subject of joint ownership with the Republic of Slovenia or a local community. (7) (Ceased to be in force) (8) (Ceased to be in force) (9) (Ceased to be in force) (10) Except in cases referred to in paragraphs one, two and three of this Article, an owner whose land borders a forest that is being sold shall have a pre-emptive right in purchasing such forest. If they fail to exercise the pre-emptive right, another owner whose forest is the nearest to the forest that is being sold shall be entitled to the pre-emptive right. (11) For the procedures and time limits concerning the sale of forest land, exercising the pre-emptive right and the requirements of forest exchange, the provisions of the Agricultural Land Act shall apply mutatis mutandis if not provided otherwise by this Act. (12) (Ceased to be in force)
VI. FINANCING
Article 48 (1) Funds shall be provided in the budget of the Republic of Slovenia for: - public forestry services; - planned activities in protective forests and torrent regions in privately owned forests; - activities whose implementation must be ensured by the Forest Service; - payment of compensation and recompense in accordance with Article 46 of this act and for the purchase of forests which the Republic of Slovenia declares to be protective forest or forest with a special purpose; - carrying out fire prevention measures in forests in the Kras region; - preventive and/or eradication measures (placement of control trees, setting-up traps for bark beetles, etc.). (2) Funds shall also be provided in the budget of the Republic of Slovenia for co-financing: - forest environmental measures and Natura 2000 measures as defined in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21 October 2005, p. 1), most recently amended by Council Regulation (EC) No 1944/2006 of 19 December 2006 amending Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 367, 22.12.2006, p. 23); - silvicultural and protection activities and activities for the maintenance of habitats of wild animals in privately owned forests or on functional forest land; - preventive eradication protective measures for groups of forest trees or individual trees on non-forest land outside settlements; - reforestation of burned areas and restoration of forests damaged by natural disasters; - seed and seedling production; - forestry research and development; - recoveries and conversions in privately owned forests; - maintenance of forest roads; - construction and reconstruction of forest roads; - design, construction and reconstruction of tractor roads; - investments for improved conditions for harvesting and marketing of forest products; - initial activities of forest owners’ unions established on the basis of a contract or an Act; - activities to popularise forests and forestry. (3) Funds referred to in the preceding paragraphs shall be provided in the budget of the Republic of Slovenia pursuant to the Programme of Investments in Forests prepared by the Forest Service on the basis of the National Forest Programme. Funds for the purposes referred to under indents one, two, four, seven, nine, ten and eleven of the preceding paragraph shall also be provided in accordance with the Common Agricultural Policy regulations. (4) In co-financing activities in forests, the type of work and the significance of ecological and social forest functions shall be taken into account. The minister responsible for forestry shall issue regulations for obtaining the funds referred to in paragraphs one and two of this Article.
Article 49 (1) Funds for maintenance of forest roads shall be provided to local communities from tax levied on forest land pursuant to the act regulating real estate tax. (2) The amount of a local community’s eligible funds shall be defined by the Government of the Republic of Slovenia on the basis of the length of forest roads, average costs of their maintenance and the percentage of their use for non-forestry purposes. (3) A local community must appropriate the funds received pursuant to the preceding paragraph exclusively for the maintenance of forest roads.
VII. PUBLIC FORESTRY SERVICES
I. Activities
Article 50 (1) The public forestry services shall involve: - monitoring the state and development of forests; - protection of forests; - steering the management of forests, woodlands, individual forest trees and groups of trees outside settlements; - steering the construction and maintenance of forest roads; - keeping records and databases for forestry; - providing advisory services and training to private forest owners; - forest seed production including harvesting of the seeds of forest and tree species in seed orchards, storing a reserve quantity of the seeds of forest tree and shrub species, and founding and operating a seed bank; - providing seedlings of forest tree and shrub species; - controlling activities in forests if they have been co-financed from the budget of the Republic of Slovenia. (2) Public forestry services shall be performed by the Forest Service, individual tasks under the first, second, fifth, seventh and eighth indents of the preceding paragraph shall be performed by the Forestry Institute of Slovenia, and individual tasks under the first, second, third, fifth, sixth, seventh and eighth indents of the preceding paragraph may also be performed by concessionaires. (3) Concessionaires may be legal or natural persons, registered for performing the relevant activities that meet the relevant personnel, technological and capacity requirements. The requirements for performing activities shall be prescribed by the minister responsible for forestry. Concessions shall be granted by the minister responsible for forestry on the proposal of the Forest Service. (4) The work of the Forest Service, the Forestry Institute of Slovenia and concessionaires shall be supervised by the ministry responsible for forestry.
Article 51 Forest owners may not obstruct the implementation of tasks of the public forestry service.
Article 52 The minister responsible for forestry shall prescribe the detailed requirements referred to in Article 70 of this act, a programme for internship, the programme and procedures for the proficiency examination and the programme and procedures for further professional training.
Article 53 (1) The Forest Service must enable practical education and internship for secondary school and university students and/or graduates. (2) Forestry educational organisations shall on the basis of agreements with contractors provide their students with practical education at contractors.
VIII. SLOVENIA FOREST SERVICE
1. Establishment
Article 54 (1) A Slovenia Forest Service shall be established through this Act. (2) The founding rights and obligations shall fall to the Government of the Republic of Slovenia. (3) The Forest Service shall be a legal person with the status of a public service.
2. Name and headquarters of the Forest Service
Article 55 (1) The name of the Forest Service shall be the Slovenia Forest Service. (2) The headquarters of the Slovenia Forest Service shall be in Ljubljana.
3. Tasks of the Forest Service
Article 56 (1) The Forest Service shall provide public forestry services in all forests, as follows: - collecting data on the state and development of forests as an ecosystem; - keeping records as a database for its work and for statistical generalisation; - monitoring of biotic balance in forests; - monitoring of forest degradation and damage; - drawing up forest protection programmes; - implementation of forest protection measures; - drawing up fire safety plans for forests and providing professional assistance in firefighting; - carrying out tasks of the Reporting, Prognostic and Diagnostic Service; - preparation of the expert basis for the National Forest Programme; - preparation of the programme of investments in forests; - drawing up forest management plans, silviculture plans, regional game management plans and other expert basis for game management in accordance with the an Act; - preparation of plans for forest conversion and rehabilitation; - guiding and monitoring of recovery of torrential areas; - participation in spatial planning; - participation in steering, harmonising and conducting research activities in the fields of forestry and hunting; - preparation of the expert basis for opening forests through forest thoroughfares and keeping records of forest roads; - planning of forest road maintenance; - monitoring and supervision of the implementation of construction, reconstruction and maintenance of forest roads and control of activities carried out; - preparation of the methodology for collecting data on the state and development of forests; - processing of data and preparation of information on the state and development of forests; - providing for the popularisation of forests and for raising public awareness of the importance of forests; - providing advice, education and training to forest owners; - providing seeds and planting stock of forest tree and shrub species; - control of activities carried out in forests and torrential areas if they are financed or co-financed from the national budget; - processing of and deciding on administrative matters referred to in paragraph six of Article 17, paragraph three of Article 17.a, paragraphs one, two, four and seven of Article 21, Article 21.a, paragraph one of Article 23, paragraph two of Article 24, paragraph two of Article 26, paragraph one of Article 29, paragraph three of Article 30, paragraph three of Article 31, paragraph eight of Article 37, paragraphs one and three of Article 42, paragraph two of Article 92 and paragraph two of Article 95. Administrative matters referred to in paragraph one of Article 23 and paragraph one of Article 29 shall be processed and decided on by the Forest Service in a fast-track procedure. The Forest Service may also deliver decisions on the selection of trees for possible felling through regular service, whereby the delivery shall be deemed to have been effected on the tenth day from the date of dispatch of the decision; - carrying out the tasks of supervision in forests and woodlands pursuant to the provisions of this Act; - carrying out the tasks of direct supervision in forests and woodlands pursuant to the regulations on nature conservation and, in this relation, the tasks of a minor offence authority; - notifying the competent inspection services, in writing, of illicit interventions and activities in forests and woodlands; - (Deleted) - (Deleted) - providing professional assistance to the competent authorities in carrying out supervision referred to in paragraph three of Article 75 of this Act. (2) The Forest Service shall carry out the tasks referred to in indents two, six, eighteen, twenty-four, twenty-five, twenty-six and twentyseven of the preceding paragraph as a public authority.
Article 56a (1) Records of issued decisions on tree felling shall be kept for the purpose of supervision pursuant to this Act. (2) Records of issued decisions on tree felling shall be kept and managed electronically by the Forest Service. (3) The following data on issued decisions on tree felling shall be kept in the records: - name, surname and address or company name and registered office address and tax number of the forest owner, - type of decision (decision on tree felling, decision on sanitation felling, deforestation permit), - number and date of issue of the decision, - date of finality of the decision and period of validity of the decision, - species and quantity of trees designated for felling. (4) The Forest Service shall enable users to have direct electronic access to data in the records referred to in paragraph one of this Article.
Article 57 (1) (Ceased to be in force) (2) With the agreement of the founder, the Forest Service may also perform other tasks.
Article 57a (1) In order to carry out tasks pursuant to this Act, the Forest Service shall process the personal data of land owners and their temporary managers in accordance with the regulations governing personal data protection. Personal data and data on legal entities related to the land owner or land manager that shall be processed by the Forest Service are as follows: address of permanent or temporary residence, personal identification number, tax number or other unique identification in land cadastre and land register, graphic or written data on parcels and their area, cadastral municipality, cadastral culture and cadastral class as well as data on issued decisions. (2) Except for the data on issued decisions, the Forest Service shall obtain the data referred to in the preceding paragraph from the computer database of the land cadastre and from the land register of the Republic of Slovenia. The operator or organisation processing the data from the computer database of the land cadastre and the land register of the Republic of Slovenia shall deliver the data from the database to the Forest Service free of charge, while it may charge it for the material costs of data preparation. For the purposes of carrying out its tasks under this Act, the Forest Service may deem a person not registered in the land register to be the owner if it acquires a document that serves as a basis for land registration or if the person presents proof of being the owner.
4. Organisation and bodies of the Forest Service
Article 58 At the regional level, the Forest Service shall be organised into regional units. The number and boundaries of regional units shall be defined by the Government of the Republic of Slovenia
Article 59 The bodies of the Forest Service shall be the Council, the Director and the Expert Council.
Article 60 (1) The Forest Service Council shall be composed of representatives of professional councils of regional units, the founder, Forest Service employees, education and research organisations in the field of forestry and forest owners. (2) The tasks of the Forest Service Council shall be as follows: - to approve proposals of regional plans; - to adopt the programme of work of the Forest Service; - to adopt the financial plan and final accounts of the Forest Service; - to adopt reports on work performed by the Forest Service; - to perform other work in accordance with the Statute. (3) The more detailed composition and tasks of the Council shall be defined in the Statute of the Forest Service.
Article 61 (1) The Director of the Forest Service shall organise and head the work and business of the Forest Service, present and represent the Forest Service and be responsible for the legality of the work of the Forest Service. (2) The Director of the Forest Service shall be appointed and dismissed by the Government of the Republic of Slovenia.
Article 62 (1) The Expert Council of the Forest Service is a collegiate professional body of the Forest Service. The Expert Council shall approve draft regional plans, discuss professional issues related to forestry and hunting and propose solutions and recommendations to Forest Service bodies. (2) The composition, manner of formation and tasks of the Expert Council shall be defined in the Statute of the Forest Service in accordance with an Act.
Article 63 The bodies of regional units shall be councils of regional units, heads of regional units and expert councils of regional units.
Article 64 (1) The council of a regional unit shall have the following tasks: - to discuss and take a position on comments and proposals from the public presentation and public debate of forest management plans; - to approve proposals of forest management plans for forest management units and proposals of annual regional game management plans, the content of which shall be laid down by the regulations governing game and hunting; - to propose the programme of work of the regional unit; - to propose the financial plan of the regional unit; - to adopt reports on work performed in the regional unit; - to perform other work in accordance with the Statute. (2) Representatives of the following shall each provide a third of the members of the councils of regional units: - forest owners; - hunting, agriculture and nature protection; - the founder, local communities from the forest management region and Forest Service employees.
Article 65 (1) Leaders of regional units shall organise and head the work and business of the regional unit and shall be responsible for the professionalism of its work; (2) The head of a regional unit shall be appointed and dismissed by the Director of the Forest Service upon the preliminary opinion of the council of the regional unit. The Director of the Forest Service may dismiss the head of a regional unit within one year of the date of them taking up duties. In the case of dismissal, the head of a regional unit who was employed at the Forest Service before the beginning of the mandate shall be transferred to a post corresponding to their education and qualifications. If such post does not exist, their employment relationship shall be terminated, but in such case, as their work is no longer required, they shall be entitled to severance pay pursuant to the regulations governing employment relationships.
Article 66 (1) The Expert council of a regional unit is a collegiate professional body of a regional unit. The Expert council of a regional unit shall approve draft forest management plans for the regional unit and draft regional annual game management plans, discuss technical issues related to forestry and hunting in the forest management region and propose solutions and recommendations to the bodies of the Forest Service’s regional unit. (2) The composition, manner of formation and tasks of expert councils of regional units shall be defined in the Statute of the Forest Service in accordance with an Act.
5. Rights, obligations and responsibilities of the Forest Service in legal business
Article 67 (1) The Forest Service shall perform legal business in its own name and for its own account. It shall be responsible for its liabilities with all its available assets. (2) The real estate of the Forest Service shall be the property of the Republic of Slovenia. The Forest Service shall manage in accordance with this Act all primary and other material assets which it obtains. (3) The Forest Service shall be responsible to the founder for the administration of real estate. The Forest Service must use and administer the real estate of the founder with the diligence of a good manager.
6. Resources for the work of the Forest Service
Article 68 The Forest Service shall obtain funds for performing activities from: - the budget of the Republic of Slovenia; - the sale of services to others; - grants, gifts and other sources.
7. Other mutual rights and responsibilities between the founder and the Forest Service
Article 69 (1) The founder: - shall monitor the implementation of the National Forest Programme; - shall provide adequate material resources for the work of the Forest Service and its development; - shall consent to the Statute; - shall appoint and dismiss directors; - shall nominate and dismiss its representatives in the bodies of the Forest Service and regional units; - shall consent to organisational and systemic posts in the Forest Service. (2) The Forest Service: - shall prepare programmes of work and financial plans; - shall ensure the implementation of the National Forest Programme; - shall propose the allocation of concessions for performing specific tasks of the public forestry services; - shall report on operations.
8. Employees of the Forest Service
Article 70 (1) At the Forest Service, the tasks of public forestry services shall be carried out by employees who are properly educated, professionally qualified to independently perform work in their profession and who fulfil other requirements laid down by this Act and regulations adopted on the basis thereof. (2) At the Forest Service, the tasks of public forestry services in posts requiring an education level obtained under first-cycle study programmes or an education level corresponding to first-cycle study programmes in accordance with an Act may also be carried out by employees with higher vocational education obtained within the higher education system under higher vocational programmes adopted before 1 January 1994 and who have at least 12 years of working experience at the Forest Service in posts requiring higher education. (3) During their employment at the Forest Service, employees of the Forest Service who carry out the tasks of public forestry services are not allowed to engage in the activities of forest management, wood marketing, representing persons engaged in the above-stated activities and stewardship of forests owned by other persons. (4) Notwithstanding the provision of the preceding paragraph, Forest Service employees may, during their employment at the Forest Service: - engage in forest exploitation activities; - engage in the activities of forest management and marketing of timber in their own forest or a forest owned by their blood relatives in the direct descending line up to any degree of relationship and up to the second degree of relationship in a collateral descending line or up to the first degree of relationship in the case of a forest owned by their relatives by marriage or affinity.
Article 71 Professional employees of the Forest Service shall have the right and duty to pursue further professional training. The Forest Service must therefore enable: - permanent monitoring of the development of forestry sciences; - occasional practical further training in appropriate organisations; - occasional examinations in theoretical and practical knowledge.
IX. RESEARCH ACTIVITIES
1. General provisions
Article 72 (1) Research activities in forestry and wildlife management shall be performed by research organisations and other legal and natural persons who meet the requirements of the regulations on research activities. (2) Basic, applied and developmental research activities in forestry and game management shall be carried out within the framework of and in accordance with the national research programme. On this basis, the ministry responsible for forestry, in cooperation with the ministry responsible for science and technology, shall finance or co-finance research and development projects and research and development infrastructure. (3) The ministry responsible for forestry, in cooperation with the ministry responsible for science and technology, shall harmonise the programming and implementation of research work.
2. Forestry Institute
Article 73 (1) The Forestry Institute of Slovenia shall carry out research activities in the fields of forests, forestry, wild fauna and game management. (2) The Forestry Institute of Slovenia shall be a legal person with the status of a public research institute.
Article 74 (1) The Forestry Institute of Slovenia shall carry out, in addition to research activities, the following tasks of a public forestry service: - guiding and professionally managing the monitoring of the level of degradation and damage to forests; - guiding and professionally managing reporting, prognostic and diagnostic services for forestry; - professional guidance of forest seed production and forest nursery activities; - development and professional guidance of an information system for forests; - preparing expert bases and proposals of standards for carrying out activities in forests. (2) The Forestry Institute of Slovenia shall have the following mandate: - to issue certificates for forest seeds and seedlings in accordance with the regulations on seeds and seedlings; - to perform professional and health supervision of forest seed production and forest nursery activities, (3) The Forestry Institute of Slovenia shall perform a programme of statistical research on forests, and other tasks envisaged by its founding act and Statute.
IX.a ASSOCIATIONS
Article 74a (1) In order to improve the efficiency of forest management and marketing of forest products and wood biomass, voluntary association of forest owners in forest owners’ unions shall be encouraged. (2) For the purposes of more efficient use of forestry machinery and equipment, of the labour force and other production capacities, natural persons may establish machinery hire syndicates pursuant to the regulations governing agriculture.
Article 74b (1) The minister responsible for forestry may grant the status of a society operating in the public interest to societies in the field of forestry (hereinafter: societies) whose purpose of establishment and operation go beyond the pursuit of their members’ interests and represents operation in the public interest in the field of forestry. Operation in the public interest shall mean that the predominant part of a society’s operation, which is based on the adopted programme, is intended for the popularisation of forests and forestry with a variety of form and content. (2) Detailed requirements for granting the status of a society referred to in the preceding paragraph shall be laid down by the minister responsible for forestry in accordance with the act governing societies. (3) The ministry responsible for forestry shall keep records of societies referred to in paragraph one of this Article. (4) Fulfilment of the requirements for obtaining the status of a society operating in the public interest shall be verified every three years.
X. SUPERVISION
Article 75 (1) The implementation of this act and regulations issued on the basis thereof shall be supervised by forestry inspectors. Activities affecting woodlands shall also be supervised by inspectors for hunting and fishing, and building and planning inspectors, each within the remit of their own authorities. (2) Implementation of the provisions of this act on preventing and extinguishing fires shall, in addition to the forestry inspectors, be supervised by fire inspectors and the police. (3) In addition to forestry inspectors, the financial administration and the police, each in accordance with their respective competences, shall be responsible for supervision of the implementation of Articles 17.b and 17.c of this Act. (4) The forestry inspectorate and the financial administration, each in accordance with their respective competences, shall be responsible for supervising the implementation of Regulation 995/2010/EU and Regulation 607/2012/EU. (5) In conducting supervision pursuant to this Act, the financial administration shall carry out and decide on the procedures initiated due to violations under points 4, 5, 6 and 7 of paragraph one of Article 77c, points 4 and 5 of paragraph one of Article 80 and points 1–3 of paragraph one of Article 81 of this Act. If the financial administration, in conducting supervision pursuant to this Act, identifies a violation of a regulation, its right and duty in addition to its rights and duties under other regulations shall be to order measures for elimination of the identified violations and deficiencies within the time limit it specifies. In conducting supervision pursuant to this Act, the police shall identify violations under points 2–7 of paragraph one of Article 77c of this Act. (6) If a competent authority, in conducting supervision pursuant to paragraph four of this Article, establishes that a legal entity under point (c) of Article 2 of Regulation 995/2010/EU is in possession of illegally harvested timber or timber products or if such legal entity is unable to prove the legal origin of timber or timber products in its possession, the competent authority shall issue a decision prohibiting the placing on the market of illegally harvested timber or timber products by that legal entity. (7) In carrying out supervision referred to in paragraph three of this Article, the financial administration and the police may request the assistance of the forestry inspectorate or public forestry services to identify the type and quantity of forest wood products.
Article 76 A person may be appointed forestry inspector if they have acquired academic higher education in the field of forestry and at least five years of working experience in the field of guiding forest management or in the fields of silviculture or forest harvesting.
Article 77 (1) In the implementation of inspection supervision, in addition to the rights and obligations under other regulations, forestry inspectors shall have the following rights and obligations: - to oversee work in forests and documentation for such work and all places where wood is cut in forests and forest wood products are skidded, stacked and transported from the forest to the consumer; - to review and monitor the implementation of forest management plans and silvicultural plans; - to halt all work which is not in accordance with the provisions of this act and regulations issued on the basis thereof; - to set a time limit for debarking stumps and unprocessed forest wood products of conifers and elm for which debarking is prescribed, or to order debarking at the expense of the owner of the timber or of stumps or the depot; - in urgent cases in which damage would otherwise occur, to order temporary measures to prevent such damage; - to oversee and monitor the implementation of forest protection measures; - to verify that contractors meet the requirements for performing work in forests. - to supervise the use of funds intended for financing and co-financing investments in forests and forestry and the construction and maintenance of forest thoroughfares; - on forest roads, to stop a vehicle that is transporting or is loaded with forest wood products, in a way and in accordance with the procedure prescribed by the minister responsible for forestry; - to request, from a person transporting forest wood products or having them loaded on a vehicle, an identity document in order to establish the person’s identity; - to inspect the documents that must accompany forest wood products that are being transported or are loaded on a vehicle. (2) A complaint against a decision issued on the basis of the third, fourth or fifth indent of the preceding paragraph shall not stay its implementation. (3) If in inspecting the implementation of this Act and the regulations issued on the basis thereof, an inspector establishes that these regulations are being violated, the inspector's right and duty shall be to: - order measures for the elimination of the established irregularities and deficiencies within the time limit they specify; - order that the funds that were allocated or disbursed in violation of this Act and the regulations issued on the basis thereof, are returned to the budget of the Republic of Slovenia; - report to the competent state authorities on the findings in the course of carrying out the inspection and on the imposed measures.
Article 77a (1) Forest Service employees authorised by the minister responsible for forestry (hereinafter: forestry supervisors) and having the power of a minor offence authority under the act governing minor offences shall carry out, in addition to inspectors, direct supervision of the implementation of paragraph one of Article 18, paragraph one of Article 25, paragraphs one and fourteen of Article 37 and paragraphs one and three of Article 40 of this Act and the regulations issued on their basis as well as other regulations that govern the gathering of mushrooms, fruits, herbaceous plants and their parts, as follows: - identifying violations as regards the reduction of productivity of a stand or production capacity of a site, stability or sustainability of a forest or threats to its existence, purpose or functions, which is caused, inter alia, by cutting through, scoring or removing bark, burning trees or shrubs, removal and poisoning of soil and posing threats to animal dwellings; - identifying violations as regards limitations on and prohibition of gathering animals, fruits, mushrooms and herbs; - identifying violations as regards recreational gathering of mushrooms, fruits, herbs and their parts; - identifying violations as regards driving in forests; - identifying violations that would reduce or prevent the use of forest thoroughfares or increase the costs of their maintenance; - warning persons of practices harmful to the forest. (2) While carrying out their statutory duties, forestry supervisors shall have the status of officials and shall wear an official badge, carry an official card and wear an official uniform. (3) Forestry supervisors shall have the right to request and receive, for examination, from a person who fails to observe the provisions of this Act and the regulations issued on the basis thereof, an identity document or another official document valid for establishing that person’s identity. Forestry supervisors may also photo document the course of violation and the violator in order to prove the commission of a minor offence. (4) Forest supervisors shall have the right to issue a payment order to a person who commits a minor offence under points 5, 13, 23, 24 and 27 of paragraph one of Article 79 and point 3 of paragraph three of Article 81 of this Act. (5) The minister responsible for forestry shall prescribe detailed provisions as regards the official badge, card and uniform of forestry supervisors.
Article 77b (1) In carrying out supervision pursuant to this Act, the police shall have, in addition to authorities provided by other regulations, the right to examine the documents that must accompany forest wood products during transportation or while loaded on a vehicle. (2) If the police, while carrying out supervision, establish that an offence pursuant to this Act was committed, they shall propose to a forestry inspector or the Financial Administration the instigation of offence proceedings.
XI. PENALTY PROVISIONS
Article 77c (1) A fine of EUR 2,500 to EUR 50,000 for an offence shall be imposed on legal entities, self-employed persons or sole traders who: 1. fell or allow felling of forest trees, obtain decorative trees or carry out a forest conversion without a decision or in violation of a decision (paragraphs one, four and six of Article 17, paragraph eight of Article 37); 2. fail to issue a bookkeeping document to a carrier before the loading or transportation of forest wood products (paragraph one of Article 17.b, paragraph one of Article 17.c); 3. fail to carry out material bookkeeping for a timber yard from which forest wood products were consigned (paragraph two of Article 17.c); 4. have loaded on their vehicle or carry out transportation of forest wood products without a bookkeeping document (paragraph one of Article 17.b, paragraph four of Article 17.c); 5. fail to hand over a bookkeeping document, or a document referred to in paragraphs two and four of Article 17.b, for examination (paragraphs one, two and four of Article 17.b); 6. act in violation of paragraph four of Article 17.b of this Act; 7. place on the market illegally harvested timber or timber products or place on the market timber and timber products for which they fail to provide proof of lawful origin (paragraph one of Article 4 of Regulation 995/2010/EU) or 8. fail to provide proof of ownership of forest wood products upon an order issued by a supervisory authority (paragraphs six and seven of Article 17.c). (2) A fine of EUR 1,000 to EUR 2,000 for the offences referred to in the preceding paragraph shall also be imposed on the responsible persons of legal entities, self-employed persons or sole traders. (3) A fine of EUR 300 to EUR 5,000 for the offences referred to in paragraph one of this Act shall also be imposed on natural persons. (4) A fine of EUR 1,000 to EUR 2,000 for the offences referred to in points 1 and 2 of paragraph one of this Article shall also be imposed on the responsible persons of self-governing local communities and responsible persons of state authorities.
Article 78 (1) A fine of EUR 3,000 to EUR 50,000 shall be imposed on legal entities, self-employed persons or sole traders for the offence of felling or allowing the felling of forest trees or obtaining decorative trees, in an amount exceeding the possible felling for a 10-year period, without a decision or in violation of a decision (paragraphs one and four of Article 17). (2) A fine of EUR 2,000 to EUR 3,500 shall also be imposed on the responsible persons of legal entities, self-employed persons or sole traders for the offences referred to in the preceding paragraph. (3) A fine of EUR 800 to EUR 2,000 shall also be imposed on natural persons for the offences referred to in paragraph one of this Article.
Article 79 (1) A fine of EUR 1,200 to EUR 42,000 for an offence shall be imposed on legal entities, self-employed persons or sole traders who: 1. fail to carry out all silviculture or protection activities within the set time limit or carry them out in violation of a decision, or gather resin without a decision or in violation thereof (paragraph four of Article 17); 2. fell, skid, carry or stack forest wood products or manage logging residues or enable these activities in violation of the regulations governing forest protection, or fail to eliminate damage caused to the soil immediately after the completion of skidding or transportation (paragraph three of Article 17); 3. fail to act in accordance with regulations governing felling, management of logging residues, skidding, transportation and stacking of forest wood products (paragraph seven of Article 17); 4. fail to provide activities ordered by a Forest Service decision (paragraph three of Article 17.a); 5. act in a way that reduces the productivity of a stand or production capacity of a site, stability or sustainability of a forest or poses threats to its functions, existence or purpose (paragraph one of Article 18); 6. cause devastation while collecting seeds of forest trees or other forest goods (paragraph two of Article 18); 7. construct a building or carry out an activity affecting the forest and/or woodlands without the consent of the Forest Service (paragraph one of Article 21); 8. construct a building outside a forest without the consent of the Forest Service (paragraph two of Article 21); 9. perform deforestation without the Forest Service permit (paragraph four of Article 21); 10. fail to obtain a permit from the Forest Service before the start of forestry-related investment maintenance activities (paragraph one of Article 21.a); 11. perform clear cutting although this is not envisaged in the forest management plan (paragraph two in relation with paragraph one of Article 22); 12. fail, within the time limit specified by the Forest Service, to regenerate a forest that has been devastated or clear-cut in violation of regulations (paragraph one of Article 23); 13. gather forest animals, fruits, mushrooms or herbs regardless of limitations or prohibitions imposed by a competent authority (Article 25); 14. prevent the monitoring or fostering of biotic balance in the forest or the implementation of preventive protection activities (Article 27); 15. fail to carry out all measures prescribed by forest protection regulations to prevent the disruption of biotic balance and other damage in forests (Article 28); 16. fail to carry out sanitation felling or preventive protection activities within the set time limit or carry them out in violation of a decision (paragraph one of Article 29); 17. fail to carry out additionally prescribed forest protection measures (paragraph three of Article 29); 18. fail to debark or process forest wood products of spruce, fir, pine or elm or fail to use or process their residues within the set time limit (indents one and two of paragraph one of Article 30); 19. fail to equip timber yards with control-catch traps between 15 March and 31 October (paragraph two of Article 30); 20. fail to carry out activities specified in a decision issued by the Forest Service (paragraph three of Article 30); 21. use chemical substances or provide for their use without a permit issued by the Forest Service (paragraphs two and three in relation with paragraph one of Article 31); 22. perform pasturage in a forest although this is not permitted by the silvicultural plan (Article 32); 23. by construction, maintenance and the use of forest thoroughfares pose threats to a water source, cause an erosion process, prevent water outflow from torrents at high water levels, increase the risk of landslides, disrupt the balance on unstable ground, reduce meteoric water runoff, adversely affect an area important for the preservation of wild animals, adversely affect natural or cultural heritage and pose threats to another function or the multi-purpose use of forests (paragraph three of Article 37); 24. use a forest thoroughfare for a purpose not related to forest management, thus reducing or preventing the use of a forest thoroughfare or increasing the costs of its maintenance (paragraph four of Article 37); 25. construct or maintain tractor roads contrary to guidelines specified in a silvicultural plan (paragraph five of Article 37); 26. (Deleted) 27. drive outside forest roads in the forest or woodlands, except for the purposes of forest management or rescuing people or their property, with the exception of riding a bicycle without an engine (paragraph one of Article 40); 28. drive a vehicle exceeding weight limitations on a forest road on which such driving is prohibited due to waterlogged ground; 29. excessively use forest roads without a permit or contrary to a permit (paragraph three of Article 41); 30. fail to rectify potential adverse consequences of excessive use or fail to pay compensation (paragraph four of Article 41); 31. close a forest road without obtaining a permit from the Forest Service (paragraph three of Article 42); 32. obstruct the implementation of tasks of a public forestry service (Article 51); 33. fail to halt all works that are not in accordance with this Act or regulations issued on the basis thereof (indent three of paragraph one of Article 77); 34. fail to act in accordance with an enforceable decision by which an inspector has ordered the implementation of measures prescribed by this Act or another regulation. (2) A fine of EUR 600 to EUR 2,000 shall also be imposed on the responsible persons of legal entities, self-employed persons or sole traders for the offences referred to in the preceding paragraph. (3) A fine of EUR 400 to EUR 800 shall also be imposed on natural persons for the offences referred to in paragraph one of this Article.
Article 80 (1) A fine of EUR 1,000 to EUR 30,000 for an offence shall be imposed on legal entities, self-employed persons or sole traders who: 1. make fires at non-designated fire sites in forests or on land which is not forest pursuant to paragraph three of Article 2 of this Act (paragraphs one and two of Article 33); 2. burn grassland and fallow land in areas where fire may pose a hazard to forest or burn plant residues in fields without the permanent presence of an adult person who maintains control over the fire. 3. use open fire in forests in the Kras region or in forests defined as fireprone forests (paragraph three of Article 34); 4. fail to use a due diligence system as set out in Article 6 of Regulation 995/2010/EU or acts in violation thereof; 5. fail to keep the information as set out in Article 5 of Regulation 995/2010/EU or Article 5 of Regulation 607/2012/EU. (2) A fine of EUR 600 to EUR 1,500 for offences referred to in the preceding paragraph shall also be imposed on the responsible persons of legal entities, self-employed persons or sole traders. (3) A fine of EUR 200 to EUR 600 for offences referred to in paragraph one of this Article shall also be imposed on natural persons. (4) A fine of EUR 600 to EUR 1,500 for offences referred to in paragraph one of this Article shall also be imposed on the responsible persons of self-governing local communities and responsible persons of state authorities.
Article 80a (1) A fine of EUR 1,000 to EUR 30,000 for an offence shall be imposed on a monitoring organisation referred to in Article 8 of Regulation 995/2010/EU for: 1. failing to verify the proper use of its due diligence system by operators (point (b) of paragraph one of Article 8 of Regulation 995/2010/EU); 2. failing to take appropriate action in the event of failure by an operator to properly use its due diligence system (point (c) of paragraph one of Article 8 of Regulation 995/2010/EU). (2) A fine of EUR 1,000 to EUR 2,000 for an offence referred to in the preceding paragraph shall also be imposed on the responsible person of a monitoring organisation.
Article 81 (1) A fine of EUR 800 to EUR 20,000 for an offence shall be imposed on legal entities, self-employed persons or sole traders who: 1. act in violation of paragraph six of Article 17.c of this Act; 2. fail to keep bookkeeping documents in accordance with paragraph five of Article 17.c of this Act; 3. transport or sell decorative trees without seals (paragraph three of Article 18); 4. within a forest, carry out afforestation on non-forest land that is not intended for afforestation under the forest management plan (paragraph four of Article 18); 5. in a forest and/or on forest land, organise a public gathering or an event without notifying the Forest Service thereof (paragraph two of Article 21.a); 6. fence parts of a forest without a permit or contrary to a permit (paragraph two of Article 24); 7. fail to notify the Forest Service prior to the start of sanitation felling or preventive protection activities (paragraph two of Article 29); 8. use forest roads contrary to the determined regime of use (paragraph two of Article 39); (2) A fine of EUR 400 to EUR 1,000 for offences referred to in the preceding paragraph shall also be imposed on the responsible persons of legal entities, self-employed persons or sole traders. (3) A fine of EUR 200 to EUR 400 shall also be imposed on natural persons who: 1. commit any of the offences referred to in paragraph one of this Article; 2. are present within a fenced forest when this is prohibited (paragraph two of Article 24); 3. ride a horse or a bicycle without an engine contrary to paragraph three of Article 40 of this Act; 4. exceed the allowed quantities while gathering fruits, herbs, mosses and mushrooms for recreational purposes (paragraph one of Article 5). (4) A fine of EUR 400 to EUR 1,000 for offences referred to in paragraph one of this Article shall also be imposed on the responsible persons of self-governing local communities and responsible persons of state authorities.
Article 81a (1) A fine of EUR 800 to EUR 15,000 for an offence shall be imposed on legal entities, self-employed persons or sole traders who fell forest or decorative trees or allow their felling on a minor scale without a decision or in violation of thereof (paragraphs one and four of Article 17). (2) A fine of EUR 300 to EUR 800 for the offences referred to in the preceding paragraph shall also be imposed on the responsible persons of legal entities, self-employed persons or sole traders. (3) A fine of EUR 150 to EUR 400 shall be imposed on natural persons who commit any of the offences referred to in paragraph one of this Article. (4) A fine of EUR 300 to EUR 800 for offences referred to in paragraph one of this Article shall also be imposed on the responsible persons of self-governing local communities and responsible persons of state authorities.
Article 81b For offences under this Act, a fine exceeding the lowest fine prescribed by this Act may be imposed under an expedited procedure.
Article 81c (1) For the offence referred to in point 8 of paragraph one of Article 77c of this Act, a secondary sanction of seizure of forest wood products may be imposed in addition to the prescribed fine. (2) In cases referred to in the preceding paragraph, the supervisory authority shall confiscate the forest wood products. (3) Transportation, storage and disposal of confiscated and seized forest wood products in the public interest shall be carried out by the company Slovenski državni gozdovi d.o.o. in the name and on behalf of the Republic of Slovenia. The Republic of Slovenia shall conclude a contract with the company Slovenski državni gozdovi, d.o.o., by which the parties shall define mutual rights and obligations relating to the performance of tasks referred to in this Article, particularly as regards the amount of compensation for providing the services, arrangements and time limits for providing financial resources for the performance of tasks and the manner and forms of supervision carried out by the Republic of Slovenia concerning the fulfilment of contractual obligations, particularly the use of financial resources and the quality and timeliness of tasks performed. (4) Financial resources for the performance of tasks referred to in the preceding paragraph shall be provided from the budgetary fund for forests in accordance with the act governing the management of state forests.
XII. TRANSITIONAL AND FINAL PROVISIONS
Article 82 (1) Forest management organisations shall continue their work as forestry contractors from the day this Act enters into force. Basic organisations of associated labour and working communities within forest management working organisations shall become, on the day this Act enters into force, organisational units of forestry contractors which are entered in the court register with authority to conduct legal business. They shall exercise this authority in the name of and for the account of forestry contractors. Basic organisations of cooperants in current forest management working organisations shall become, on the day this Act enters into force, independent legal persons and shall conduct business according to the regulations on cooperatives. Those organisations that are entered in the court register shall conduct business with authority to conduct legal business until their organisation is brought into line with the regulations on cooperatives. Forestry contractors, basic organisations of cooperants, working organisations and companies which manage forests and whose organisation is not in accordance with the Act on Forests (Official Gazette of the Socialist Republic of Slovenia [Uradni list SRS], Nos. 18/85, 29/86 and 24/89) and the Government of the Republic of Slovenia shall conclude contracts on the division of assets and liabilities to the sources of funds (hereinafter: assets) and employees, within six months of the entry into force of this Act, in accordance with this Act, and in accordance with the rules on legal succession. The contracts shall also establish surplus employees, particularly surplus employees who will become surplus because of the restitution of forests according to the regulations on denationalisation and cooperatives and on the basis of this Act. In the contract they shall also agree in respect of disassociation and the commitment of resources on the future status organisation of forestry contractors and/ or cooperatives. (2) If a basic organisation of cooperants within a forest management working organisation ceases to exist and if in its place a cooperative is established or its activities are taken over by a cooperative, this cooperative shall also conclude a contract under the preceding paragraph. (3) If a basic organisation of cooperants within a forest management working organisation has been liquidated and that which remains after liquidation is taken over by a forest management working organisation or basic organisation of associated labour or working community within it, the Cooperative Association of Slovenia shall conclude a contract under paragraph one of this Article in place of the basic organisation of cooperants. (4) Upon the division of the assets and employees on the basis of a concluded contract and the creation of subjects as legal successors, all existing mutual rights and obligations between the newly established subjects shall be terminated. (5) If a contract under paragraph one of this Article is not concluded within the time limit, interested claimants may demand that proceedings be initiated before an ad hoc arbitration commission within 30 days. The arbitration commission shall conduct the proceedings by applying as appropriate the rules of the Permanent Arbitration Commission of the Chamber of Commerce of Slovenia. (6) Each participant shall nominate a member to the arbitration commission within 8 days of an appeal from a claimant with a legitimate interest, and a president shall be appointed by agreement. If the number of members of the arbitration commission, including the president, is even, the arbiters shall appoint an additional external member. (7) The arbitration commission shall decide on disputed circumstances and its decision shall replace the contract referred to in paragraph one of this Article. The decision of the arbitration commission shall be final and have an executive nature. (8) If an arbitration commission is not formed or if it does not decide within four months of the submission of the demand, any claimant with a legitimate interest shall have the right to propose that the courts decide on the disputed matter in civil proceedings.
Article 83 On the basis of the contract or other act under Article 82 of this act: a) the assets of organisations under paragraph one of Article 82 of this act intended for performing activities which shall be performed by the Forest Service on the basis of this act, and assets of hunting economy organisations of associated labour within forest management working organisations, shall be transferred to the ownership of the Republic of Slovenia. These assets shall be transferred to the Forest Service. The Forest Service shall also take over the required number of employees for performing these activities in forest management and other organisations which managed forests and have them at their disposal, and the required number of workers of hunting economy basic organisations of associated labour which were within forest management organisations. The Forest Service shall keep the assets obtained from hunting economy organisations of associated labour and from managing these assets separate from their other resources, and shall use them for the purpose intended in accordance with the regulations on game and hunting; b) an appropriate share of assets shall be transferred to the ownership of basic organisations of cooperants within forest management working organisations, cooperatives established from them or the Cooperative Association of Slovenia, in accordance with the criteria set out in Article 84 of this act. These assets shall be indivisible cooperative assets; c) Other assets shall be transferred to the administration and put at the disposal of companies and other organisations which manage forests in accordance with the criteria set out in Article 84 of this act. These assets shall be socially owned property and shall be owned according to the regulations on the ownership transformation of companies.
Article 84 Assets and employees shall be divided among the contracting parties under paragraph one of Article 82 of this act according to the following criteria: a) Assets: - assets in material form according to intended use; - assets in the form of rights or claims according to the use of the right or ownership claims; - assets in monetary form according to sales value in the last year, reduced by the amount of unpaid debts; b) Liabilities to sources of funds: - liabilities to foreign sources of funds with respect to the originator of the liability; - accruals and deferred income with respect to the organisational unit to which they relate; - own capital (liabilities to the owners of sources of funds) according to the criterion of who created it. As a premise in establishing own capital which has been created through the management of socially owned and private forests, the initial capital of individual sectors of ownership on the day that joint management of socially owned and private forests was initiated in forest management organisations shall be taken into consideration. The initial capital of the private sector is the difference between the business funds in the final balance sheet prior to joint management or the organisation of basic organisations and the opening balance sheet of the first year of joint management or the organisation of basic organisations. The initial funds shall be increased by the actual level of accumulation achieved through the management of individual sectors of ownership up to the day of the division of assets. Exceptionally, where there is no data for the period when joint management was initiated, the initial capital of individual sectors may be taken to be the balance of the book value of the organisation's own capital on the establishment of basic organisations of associated labour and basic organisations of cooperants, increased by an appropriate share from joint activities. Initial funds ascertained in this way shall be increased by the actual level of accumulation up to the day of division of the assets; c) Employees: shall be divided with respect to assets taken over, their capacities and actually performed work for basic organisations of cooperants, hunting economy basic organisations of associated labour, activities which relate to the Forest Service and activities of companies or other organisations which manage forests. At the same time, surplus employees due to the restitution of forests according to the regulations on denationalisation and cooperatives and owing to this act shall be determined.
Article 85 (1) On the day set by the contract or other act under Article 82 of this act, surplus employees shall acquire the rights of permanently surplus employees. (2) Funds for ensuring the rights of surplus employees under the preceding paragraph shall be provided from the budget of the Republic of Slovenia in accordance with an Act.
Article 86 Not later than one year after concluding a contract or other act under Article 82 of this act, the forest management organisation shall transform ownership in accordance with the act regulating the ownership transformation of companies.
Article 87 (1) Basic organisations of cooperants within forest management organisations shall transform in accordance with an Act within six months of the entry into force of this Act. (2) If a basic organisation of cooperants within a forest management working organisation does not announce the adjustment of its organisation to this Act to a legally registered court, liquidation proceedings shall be initiated against it. (3) If liquidation proceedings have been initiated against a basic organisation of cooperants within a forest management working organisation prior to the entry into force of this act, such proceedings shall be suspended until the settling of relations under Article 82 of this act.
Article 88 (1) The Forest Service shall be organised and start work not later than three months after the entry into force of this act. (2) Preparations for organising and starting the work of the Forest Service shall be conducted by the acting director of the Service, who shall be appointed by the Government of the Republic of Slovenia. (3) Until the start of operations of the Service, forest management organisations shall head the management of forests. (4) The Republic of Slovenia shall provide budget funds for the start of operations of the Forest Service.
Article 89 (1) Until the division of assets pursuant to Articles 82 to 85 of this Act, these assets shall be used for the purpose intended for activities under this act and may not be alienated, encumbered, destroyed or have their value in any other way reduced. Restrictions may not relate to concluding legal business in the context of activities for which the company is registered and concluding rental contracts for resources outside use, and contracts on the alienation of accounted funds. The user shall be liable for compensation for damage or reduction of value. (2) Contracts and legal business concluded contrary to the preceding paragraph shall be null and void.
Article 90 (1) On the day of the entry into force of this Act, the founder's rights to the Institute of Forestry and Timber Economy at the Biotechnical Faculty (hereinafter: the Institute) shall be transferred to the Government of the Republic of Slovenia. The Institute shall continue its work. (2) The assets of the Institute shall become the property of the Republic of Slovenia on the day of entry into force of this Act and shall be transferred to the Institute for administering. (3) The Government of the Republic of Slovenia shall harmonise the founding charter of the Institute with the provisions of this Act within three months of the entry into force of this Act.
Article 91 Until the entry into force of an administration act: - tasks under Article 77 of this act shall be carried out by the municipal forestry inspectorate; - the state forestry inspectorate shall supervise the work of municipal forestry inspectors, give them professional instructions and other necessary professional assistance and act in accordance with an Act.
Article 92 (1) Forest owners must report to the competent authority changes of cadastral culture for forests which are used as pastures or as pens for keeping game, not later than six months after this Act enters into force. (2) Prior to reporting land culture changes to the land register, a forest owner must obtain the consent of the Forest Service. Consent shall not be granted if any of the ecological functions are emphasised in forests under paragraph one of this Article. (3) If an owner of a forest does not report a change of the cadastral culture within the time limit given in paragraph one of this Article, the Institute shall report them under the requirements of the preceding paragraph at the expense of the owner. (4) If the requirements for granting consent are not met, the forest owner must cease performing the activity.
Article 93 (1) Spatial parts of forest management plans must be produced in forest management plans valid from 1 January 1995 onwards. (2) The provisions of Articles 10, 11, and 14 of this act in respect of changing the content and procedures for adopting forest management plans shall be used for forest management plans valid from 1 January 1995 onwards, and until then procedures prescribed by current regulations shall be used. (3) Acts designating forests as protected forests or forests with a special purpose shall be harmonised with this Act not later than three years after the entry into force of this Act. Until the harmonisation of acts, the protected natural wealth shall deemed to be forests which are defined in regional forest management plans valid from 1 January 1991 to 1 January 2000 as forests with special emphasis on any ecological function whatsoever, or research, hygiene and health functions or functions of protecting the natural and cultural heritage.
Article 94 (1) Annual forest management plans may exceptionally be used as an expert basis for the silviculture, the harvesting and protection of forests where this is necessary for temporarily bridging a period between validities of two forest management plans of a forest management unit and this is determined in the regional forest management plan. (2) Annual forest management plans under the preceding paragraph shall be adopted by regulation of the minister responsible for forestry, within one month of their submission. (3) The Forest Service shall keep records on the implementation of annual forest management plans. (4) Until the adoption of the spatial parts of forest management plans in accordance with this Act, forests with a special purpose under paragraph two of Article 44 of this act shall be designated by regulations of the local community if there is a special emphasis on functions of the forest in the interests of the local community, or regulations of the Government of the Republic of Slovenia if there is special emphasis on functions of the forest in the wider interest.
Article 95 (1) The Forestry Service shall produce silvicultural plans for all forests within five years of the entry into force of this Act. (2) Until silvicultural plans are produced, the Forestry Service shall issue ex officio to forest owners, instead of orders under paragraph one of Article 17 of this act, only orders which define for forest owners the necessary protection and silvicultural activities for the regeneration of forests and for tending of stand initiation up to pre-commercial thinning and the time limit and ways of implementing it. A forest owner who wishes to cut trees or decorative trees shall report such intent to the Forest Service. The Forest Service, in cooperation with the forest owner, shall issue an order for cutting of trees or an order for seals for decorative trees within 14 days.
Article 96 Local communities shall take over the management of forest roads which provide access mainly to farms, settlements or villages, tourist facilities, excursion and other similar sites, two years after the entry into force of this act. Until the forest roads under this Article are taken over, the provisions of Articles 37 to 42 and Articles 48 and 49 of this act shall apply.
Article 97 Research already commenced on research plots on forest land which will be returned to the former owner according to the regulations on denationalisation shall continue and shall be concluded even after the return of forests to the former owners.
Article 98 Funds for silviculture and protection activities in forests which may be the subject of denationalisation shall be provided from the budget of the Republic of Slovenia until the act regulating denationalisation has entered into force.
Article 99 Until local communities are organised and their operation commences, municipalities shall perform their tasks defined by this act.
Article 100 (Deleted)
Article 101 (1) The minister responsible for forestry shall issue regulations under Article 19 of this act not later than two months, and other regulations envisaged under this act not later than one year, after the entry into force of this act. (2) Until the issuing of regulations under the preceding paragraph, the currently valid regulations shall be applied.
Article 102 On the day this act enters into force, the following shall cease to apply: - the Act on Forests (Official Gazette of the Socialist Republic of Slovenia [Uradni list SRS], Nos. 18/85, 29/86 and 24/89), - the Decree on Regulating Specific Circumstances Under the Act on Forests (Official Gazette of the Socialist Republic of Slovenia [Uradni list SRS], Nos. 31/86 and 18/89), - the provisions of point 2 of paragraph one of Article 18 of the Decree on Protection Against Fire in the Natural Environment (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 26/93).
Article 103 This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.
