Decree of Government of Georgia

#105, May 23 2007, Tbilisi

on the order of the determination of the forests of local significance

According to the Article 67, paragraph 1, subparagraph 12 of the organic law on the local self-governments:

  1. regulation on the order of the determination of the forests of local significance is to be approved;
  2. Ministry of the Environment Protection and Natural Resources of Georgia (D. Tkeshelashvili) ensures allocation of the forest cuts from the forest fund transmitted to the local self-governments by the September 30, 2007.
  3. Decree enters into force from the day of its publication.

Prime-Minister

Zurab Nogaideli

Approved by the Government of Georgia on May 23 2007

Decree # 105

Regulation

on the order of the determination of forests of local significance

Chapter 1. General Provisions

Article 1. Subject of the regulation

This regulation defines legal aspects for the determination and delineation of the forests of local significance.

Article 2. Objective of the regulation

Objective of the regulation is:

a)To set responsibilities of the state and local self-governing units in the procedures of the determination of the forest funds of local significance.

b)To determine the order of the determination of the forests of local significance.

Article 3. Forest Fund of Local Significance

Forest Fund of Local Significance is the Forest Fund that is transmitted to the local self-governing bodies and might be used by the local communities to meet their needs based on the order stipulated in the law.

Article 4. Basic rules for the determination of the forest fund of the local significance

  1. Formation of the forest fund of the local significance takes place/ occurs:

a)on the territories of the former Kolkhoz forests and forest lands owned by Soviet Farming Administrations;

b)on the lands located next to theterritories of the former Kolkhoz forests and forest lands owned by Soviet Farming Administrations and falls into the area of the relevant self-governmental unit;

  1. FormerKolkhozForests and Forest lands owned by the Soviet Farming Administration that administratively located in the borders of several self-governing units are allocated based on the borders of the administrative units.
  2. If the subparagraph b of the paragraph 1 of this article is considered, forests of local significance are composed from the State Forest Fund only after these forests are excluded from the State Forest Fund.

Article 5. Coordination and Management of the activities for determination of the forest funds of the local significance, delineation procedures and transfer to the self-governing units

  1. Activities for the determination of the Forest Funds of the local significance, delineation procedures and transfer of the forests to the local-self governments is coordinated by the Ministry of the Environment Protection and Natural Resources of Georgia and the Ministry of Economic Development of Georgia.
  2. Recommendations on the procedures dealt with exclusion of the forests from the State Forest Fund and their inclusion in the Forest Fund of the local significance are prepared by the State Commission of Land-use and Protection of Georgia.

Article 6. Selection and transfer of the Forests of Local Significance

  1. Works to be carried out for the selection of the areas for the Forest Funds of local significance are undertaken by the Ministry of Environment Protection and Natural Resources of Georgia.
  2. To select areas for Forest Fund of local significance Commission:

a)reviews and discusses information on the areas to be transferred to the self-governmental units and if needed can request additional information.

b)reviews geo-informational planning and cartographical materials, which are prepared on the basis of the data from the forest inventory, cadastre materials, land-use plans, aerial images, ortho-photoes and topographic maps of the recent years.

c)if needed may request additional information from the neighboring self-governmental units about bordering areas.

d)reviews map and documentation on delimited borders of the forest fund of local significance.

  1. Commission develops recommendations on the topics listed in the paragraph 2 of this article that are submitted to Government of Georgia by the Ministry of the Environment Protection and Natural Resources.
  2. Government of Georgia approves the list, location and number of the territories to be transferred to the local self-governments. It defines terms for the transfer of the Forest Fund lands of local significance to the self-government.

Article 7. Delivery of the lands of Forest Funds of Local Significance to the Self-governing units

  1. Delivery of the lands of the Forest Funds of local significance approved based on the 4 paragraph of the Article 6 is implemented by the Ministry of the Environment Protection and Natural Resources, Ministry of Economic Development and relevant self-governing units on the basis of the Delivery-Acceptance Act.
  2. Orientation lengths of borders along with other data are to be included in the Delivery-Acceptance Act.
  3. Delivery-Acceptance Acts are made in 4 copies. Each is sent to the Ministry of Environment Protection and Natural Resources, Ministry of Economic Development, Cabinet of the Presidential envoy and relevant self-governing bodies.
  4. Delineation of the forest fund of the local significance is based on the 1 paragraph of this Article and according to the Georgian legislation.