Adopted by Parliament in August, 2002
CHAPTER 1
GENERAL PROVISIONS
Article 1:
This law defines the framework for management, harvesting, use, development and reservation of the forests in. the Kingdom of Cambodia. Pursuant to the National Forest policy, the principal objective of this Law is to ensure, for present and future generations, the sustainable management of these forests for their social, economic and environmental benefits. Including conservation of biological diversity and cultural heritage.
Article 2:
A. This Law has application to all forests, whether natural or planted, unless otherwise stated herein.
B. Consistent with Article 56 of the Constitution (1993), forests are State property, except for trees planted on private property.
C. With respect to other laws the State ensures traditional user rights of timber products and NTFPs for local communities as further provided in this Law.
Article 3:
A. Unless otherwise stated in this Law, forest management is under the general Jurisdiction of the Ministry of Agriculture, Forestry, and Fisheries ("MAFF).
B. The State delegates the management of flooded forest to the Department of Fisheries under a separate fisheries law.
C. The State delegates management of Protected areas to the Ministry of Environment CMCE") as set forth in Royal Decree (1 November 1993), the Environmental Protection and Natural Resources Management Law (1996) and the Anu-Kret on the Organization and Functions of the Ministry of the Environment (1999).
D. MAFF may have the authority to conduct enforcement activities, in coordination with MOE. For forest offenses under this Law that occur within protected areas stated in Article 3(c) above, however, such activities shall not affect the jurisdiction of MOE provided by the Environmental Protection and Natural Resources Management Law.
Article 4:
A. This law shall be implemented to ensure full public participation in all government decisions that have the potential for significant impact on concerned communities, livelihoods of local communities and forest resources of the Kingdom of Cambodia.
B. Consistent with the Environmental Protection and Natural Resources Law, a-Social and Environmental Impact Assessment ("SEIAJ shall be prepared for any major forest ecosystem related activity that may cause significant adverse social and Environmental impact. A copy of the SEIA shall be made available for public comment.
C. All Final decisions by 'the Royal Government of Cambodia ("RGC'J on major forest ecosystem related activities must consider the recommendations of the final SEIA and may notify the public any final decision by the RGC referred to in this Article.
Article 5:
1. Forestry means a system of management pertaining to forests, forest area, and timber products and NTFPs to be undertaken with an integrated methodology.
2. Forest, means a unit of natural or artificial forest ecosystem, in the form of wet, flooded or dry land, comprised of mixed vegetation, natural or planted, wildlife and other natural resources located therein, primarily utilized for timber and NTFPs production conservation and other forest services. Lands to which this law does not apply include all land designated by the State as permanent agricultural land including, chamcar, idle land to be designated for non-timber agriculture production, industrial land and land for urbanization and construction.
3. Forest Administration means the general term to identify all the levels of the government authority with the mandate to manage the forest, as provided in the National Forest and implement this Law
4. Permanent Forest Estate means the overall forest complex, natural and planted, in the Kingdom of Cambodia, including state and private, designated as two main categories: the Permanent Forest Reserve and Private Forest, to be maintained to ensure a sustainable permanent forest cover.
5. Permanent Forest Reserve means state forest located on lands bearing no private ownership rights which are further classified Into production forest, protection forest or conversion forest for other development purpose.
6. Private forest means a plantation forest, located on private land, which has been legally registered as private title under authorized Laws and procedures in Cambodia.
7. Community Land means land eligible for registration by the State as community property under the Land Law. As provided by Law, such communities may secure community ownership rights to land and traditional user rights to forest resources, but not have the authority to transfer community land or such user rights to a third party.
8. Community Forest means an area of state forest granted under an agreement to manage and utilize the forest in a sustainable manner between the Forest Administration and a local community or organized group of people living within or near the forest area and depend upon it for subsistence and traditional use.
9. Production forest means a forest area having the primary function of sustainable production of timber products and NTFPs. Production forest may include forest concessions, other permitted harvesting, degraded forest, rehabilitated forest, area reserved for regeneration at tree plantation and reforested areas and forest areas under management agreement between the Forest Administration and a local community.
10. Protection forest means a forest area having the primary function of protecting the forest ecosystem as follows, but not limited to: regulation of water sources; biodiversity, water catchment and watershed conservation; protect wildlife habitat and aquatic resources; prevent floods, erosion and sea water intrusion; maintain soil fertility to serve cultural heritage and the public interest. Protection forest under this Law does not include the protected areas under the jurisdiction of MOE pursuant to the Environmental Protection and Natural Resources Management Law.
11. Conversion forest for other development purposes means idle state forest land, covered mainly by secondary vegetation and not yet designated for any use that shall be placed temporarily within the Permanent Forest Reserve.
12. Concessionaire means a national or foreign person or legal entity awarded the user rights to a forest concession by the State through the authorized public bidding process.
13. A Concession agreement is a contract between the State and a concessionaire for the harvest rights to timber products and NTFPs from a designated production forest within the permanent forest reserve.
14. Coups means a geographically recognizable area of production forest forming the basis of each annual operation area as defined in a forest concession management plan and “annual operational plan”.
15. Harvesting bloc means the smallest unit of a coupe that has the function of allowing the forest Administration to monitor the harvesting operation.
16. Royalties means payments due to the State from an individual, legal entity or community for timber products and NTFPs harvested from the permanent forest reserve.
17. “Timber products and NTFPs” means biological and non-biological components of the forest the processed products and other services provided by the forest.
18. Non-timber forest products (NTFPs) means products derived and extracted from the forest that are not composed of timber.
