FAO publishes periodically in Food and Agricultural Legislation, a selection of laws and regulations of international interest relating to its fields of responsibility. The new Japanese Forestry Law, the first this century, is reproduced below from this source.
Japan
Law No. 161. The Basic Forestry Law. - Approved by the National Diet on 26 June 1964. - Put into effect on 9 July 1964.
CHAPTER 1. - GENERAL
Purposes of this law
ARTICLE 1. In view of the important role of forestry and forestry workers in the national economy, the purposes of this law shall be to ensure forestry development, to better the position of forestry workers in line with the growth and development of the national economy and social progress and improvement, to clarify the objectives of forestry policy, to ensure improvements in forest resources and national land conservation, and to lay down the fundamental policies to attain such objectives.
The aim of policies
ARTICLE 2. The aim of state forestry policies, in line with the growth and development of the national economy and with social progress and improvement, is to: overcome the natural disadvantages and social and economic handicaps inherent in forestry; stimulate increases in gross forestry production and ensure stable development by increasing productivity and thereby closing the gap in productivity between forestry and other industries, and contribute to the promotion of greater social and economic wellbeing by increasing forestry incomes.
Measures to be taken by the State
ARTICLE 3. (1) To fulfill the aims referred to in the preceding Article, the State shall take comprehensive and integrated measures over the whole range of its policies, to:
(a) Promote the more efficient utilization of forest land by, for example, adapting forest production to the trends in-demand for forest products.(b) Take account of the differences in type of management by using a system of classification related to the size of forest management areas, and promote the consolidation of forest land, the mechanization of forestry, the enlargement of small-scale forest management areas, the rationalization of forest landholdings, and the modernization of forest practices (hereinafter referred to as the improvement of forestry structure), etc.
(c) Improve forestry techniques.
(d) Stabilize supply of and demand for forest products and their prices and rationalize marketing and processing.
(e) Provide training for managers and for suitable management candidates in modern forestry techniques and provide incentives to keep them in the sector.
Improve the welfare facilities available to forestry workers, and give them training facilities and incentives to stay in the sector.
(2) The measures under the preceding paragraph shall be taken in the light of national land conservation policies and of programs for improving the general utility of forest land and also in relation to the natural and socioeconomic conditions in the localities concerned.
Administration and management of national forests
ARTICLE 4. (1) For the purpose of taking the measures prescribed in the paragraph 1 of the preceding Article, the State shall pay attention to the need for showing more enterprise and increasing the efficiency of national forest administration and management and shall contribute to the implementation of appropriate management measures, ensuring that national forests be managed in such a way as to contribute to the stabilization of demand, supply and prices, the latter being an important factor in encouraging a regular supply of forest products; the State shall also contribute to increasing gross forestry production, furthering exploitation of inaccessible forests and, in addition, progressively promoting the utilization of national forests to contribute to the improvement of forestry structures in all national forests.
(2) In pursuance of the foregoing paragraph, efforts shall be made to ensure the More efficient use of any national forest land which fulfills such functions as national land conservation and which provides other public benefits, and also to integrate such national forest land as is deemed necessary or appropriate into programs for the improvement of agricultural structures, the development of other industries and the promotion of local welfare.
Measures to be taken by local authorities
ARTICLE 5. Local authorities shall endeavor to take measures in conformity with state programs.
Financial measures, etc.
ARTICLE 6. (1) The Government shall take the legal and financial measures needed to implement the provisions of Article 3 (1).
(2) The Government shall ensure the constant provision of adequate finance to take the measures provided for under Article 3 (1).
Encouragement to persons engaged in forestry, etc.
ARTICLE 7. The State and local authorities shall, in giving effect to the provisions of Article 3 (1) and Article 5, encourage as a matter of principle voluntary efforts by persons engaged in or organizations associated with forestry.
Responsibilities of forestry owners, etc.
ARTICLE 8. Forest owners and persons with authority to use or work forest land for profit shall, unless the forest concerned is to be used for agriculture or for appropriate purposes other than forestry, endeavor to ensure maximum efficiency in forestry production.
Annual report on trends in forestry, etc.
ARTICLE 9. (1) The Government shall submit a report annually to the National Diet on developments in forestry and on the measures taken in that respect.
(2) The Government shall, after considering trends in forestry, prepare the annual report referred to in the preceding paragraph, clearly setting forth the measures required, and submit it to the National Diet.
(3) In preparing the report referred to in the preceding paragraph, the Government shall hear the views of the Forestry Administrative Council (Rinsei Shingikai).
CHAPTER II. - INCREASE OF FORESTRY PRODUCTION AND IMPROVEMENT OF FOREST STRUCTURES
Basic plan for forestry production and long-range forecasting of demand and supply
ARTICLE 10. (1) The Government shall prepare a basic plan for forest resources and a long-range forecast of demand for and supply of important forest products; the plan and foreword shall be made public.
(2) The Government shall revise the basic plan and the long-range forecast referred to in the preceding paragraph whenever required as a result of changes in forest re sources and in the demand for and supply of important forest products, and in the light of other economic factors.
(3) In preparing and revising the basic plan and the long-range forecast referred to in paragraph 1, the Government shall bear the views of the Administrative Council on Forestry.
Measures with respect to forestry production
ARTICLE 11. (1) The State shall take the necessary measures to ensure the greater use of forest land for forestry purposes, and this shall include the construction of forest roads, the organization and development of the basic conditions for forestry production, the securing of higher grade seeds and seedlings, the promotion of reforestation by the improvement of species and stand types, and the introduction of machinery.
(2) The State shall take measures to provide reasonable compensation for losses arising from disasters, the purpose being to prevent disasters from impeding forest production and to ensure stable forest management.
Sound development of forest management
ARTICLE 12. For the purpose of ensuring the sound development and modernization of forest management practices, the State shall take measures not only for the reorganization of types of management, the introduction of rational management practices and the provisions of increased capital and facilities, but also measures to contribute to the expansion of small-scale forest management bodies, such as regular acquisition of forest land, promotion of reforestation on a profit-sharing basis, promotion of the joint use and exploitation of forest on national forest land, and modernization of legal relationships in respect of forests wherever customary rights are exercised.
Promotion of forestry production cooperatives
ARTICLE 13. The State shall take the necessary measures to contribute to the development of forest management through the rationalization of forest production, and these measures shall include the promotion of producers' co-operatives, forest management by forest owners' associations, development, and more efficient joint management projects.
Improvement of forestry techniques
ARTICLE 14. The State shall take measures to improve forestry techniques, and these measures shall include the promotion of technical research and development, and dissemination of the results thereof.
Promotion of projects for improvement of forestry structures, etc.
ARTICLE 15. The State shall take the necessary measures required in this respect and these shall include guidance and assistance for projects for the improvement of forest structures as, for instance, the expansion of small-scale forest management bodies, the organization and development of the basic conditions for forest management and the introduction of modern forestry facilities, all this work being carried out on a comprehensive and integrated basis.
CHAPTER III. - SUPPLY OF AND DEMAND FOR FOREST PRODUCTS, PRICE STABILIZATION, ETC.
Measures in regard to demand for and supply of forest products and prices
ARTICLE 16. To stabilize demand for and supply of important forest products, the State shall not only take measures for the regular production of logs and the adjustment of deliveries, etc., but also any other measures that are necessary as appropriate and shall also ensure a regular supply of imported timber.
Measures for the marketing and processing of forest products
ARTICLE 17. To ensure the rational marketing and processing of forest products, the State shall take the necessary measures, and these shall include the improvement and encouragement of the sale, purchasing and processing of forest products by forest owners' associations and light industries co-operatives, and the modernization of trading methods for forest products.
CHAPTER IV. - FORESTRY EXPANSION AND EDUCATION DEVELOPMENT WORKERS, ETC.
ARTICLE 18. The State shall take measures to train and retain suitable modern forest managers and specialists, and these measures shall include the expansion and improvement of education, research and extension services, etc.
Forestry labor measures
ARTICLE 19. The State shall take measures to improve the welfare, training and maintenance of forestry workers and these measures shall include the provision of better and more stable employment conditions, the expansion and betterment of social security, the improvement of vocational training, etc.
CHAPTER V. - FORESTRY ADMINISTRATIVE MACHINERY AND FORESTRY ORGANIZATIONS
Organizational improvement in forestry administration
ARTICLE 20. In taking measures under Article 3 (1) and Article 5 the State and local authorities shall not only co-operate with each other, but shall also endeavor to improve the machinery of public administration and its management.
Organizational improvements to forestry organizations
ARTICLE 21. To ensure forestry development and improve the conditions of forestry workers, the State shall take measures for the organizational improvement of forestry bodies.
CHAPTER VI. FORESTRY ADMINISTRATIVE COUNCIL
Creation
ARTICLE 22. A Forestry Administrative Council (hereinafter referred to as the "Council") shall be created in the Prime Minister's Office as a subsidiary body thereof.
Competence
ARTICLE 23. (1) The Council shall not only deal with the matters for which it is competent under this Law, but shall also, in response to inquiries by the Prime Minister or other Ministers, investigate and consider important matters connected with the enforcement of this Law.
(2) The Council shall give its views on the matters referred to in the preceding paragraph, to the Prime Minister or the Ministers concerned.
Organization
ARTICLE 24. (1) The Council shall consist of not more than 15 members.
(2) Council members shall be appointed by the Prime Minister from among persons with wide knowledge and experience of the matters referred to in paragraph 1 of the preceding Article.
(3) Council members shall serve part-time.
Requests for the submission of material
ARTICLE 25. The Council may in the normal discharge of its duties request the chiefs of government departments and public offices to submit material to it, accompanying this with a statement of views or explanations; the, Council may also request any other necessary co-operation.
General affairs
ARTICLE 26. The general affairs of the Council shall be placed under the jurisdiction of the forest administration division of the Forestry Agency.
Delegation
ARTICLE 27. Any further matters concerning the organization and management of the Council not specifically included in this Law shall be laid down as and when required by Cabinet Order.
