Sorteo de miembros de mesa (MM)

China is a signatory to CITES, the World Heritage Convention and the Biodiversity

Convention, and has signed a range of other international and regional agreements. In 2001, the governments of China and Indonesia signed a memorandum of understanding to reduce illegal exploitation and exportation of timber from Indonesia to China. The Russian Prime Minister and the Chinese Premier issued a similar statement in November 2006 to reduce illegal logging in the Russian Far East.

Chinese domestic law relating to forests includes a myriad of laws and regulations. The two principal legislative instruments are the Environment Protection Law and the Forestry Law 1998. China’s Forestry Law 1998, first introduced in 1984, is the key document to manage and protect the country’s forest resources. This document advocates protection of the environment and sustainable timber production (Article 1) and seeks to control all logging activities through regulation of harvesting, planting, regeneration, and conservation. It also limits the annual quota of logging activities (Article 30), sets out responsibilities of those involved in the timber industry, and requires the industry to set aside funds for forest cultivation (Wang 2002a: 503; Wang 2002b: 126). The Environment Protection Law sets out the key principles for wildlife and species protection while recognising integration of

economic development. It seeks to balance exploitation of resources with protection (Wang 2002a: 501–502; Wang 2002b: 121–123). The Land Administration Law, enacted in 1998, further classifies properties for protection purposes and prohibits development in certain areas, including some forests (Wang 2002a: 511).

After many years of centrally planned forest and logging programs, the Chinese Government moved to fully liberalise the timber market in 1998 and introduced a permit system to control and monitor private logging operations as well as transportation of timber. The current

laws require licences setting out the conditions and quotas for harvesting for all logging activities as well as for transporting, processing and marketing timber (Zhu, Taylor & Guoqiang 2004: 7–8).

Between 1995 and 2000, a new forest zoning policy was introduced, classifying all forest areas into production forests used for commercial timber production and ecological forests. While some limited commercial logging is allowed in so-called ‘general ecological’ forests, the policy introduced a complete ban in key ecological forests such as protected areas, nature reserves and forest parks, and critical steep slopes (Wang 2002a: 496; Zhu, Taylor & Guoqiang 2004: 6). The Chinese Government announced that it intends to significantly increase the number of nature reserves including World Heritage sites during this decade, thus further reducing the size of commercially exploitable forests (Wang 2002a: 495). Furthermore, starting in 1998 China has, for the most part, banned the logging of mature trees throughout the country. As a result, many logging companies had to close down and hundreds of thousands of workers had to be laid off. Today, logging activities in China remain limited and instead the country relies almost completely on imports of timber and timber products from abroad (Stark & Cheung 2006: 15–16).

Moreover, the Chinese Government has imposed high fees and taxes on private forest production and logging, which can absorb 35 to 65 percent of the sale value of timber. These expenses limit the profitability of the forest sector and are seen as a further disincentive to engage in logging or develop plantations, although some of the taxes are currently being reviewed (Zhu, Taylor & Guoqiang 2004: 7–8).

Offences and enforcement

Relevant offences relating to illegal logging and associated activities are scattered over numerous Acts and subsidiary regulations. The Forest Law 1998 contains the main criminal offences. Articles 23, 31 and 44 criminalise unauthorised destruction of forests and cutting of firewood in young forests and special-purpose forests. Illegal logging (referred to as ‘pirate felling of forests or other trees’) is prohibited (Article 39); a criminal provision for logging of rare and precious trees exists in Article 40. Article 41 sets out a special offence applicable to officials who issue logging permits without proper authorisation. A further offence for corrupt officials is set out in Article 46 if they are found ‘abusing power, neglecting duty and indulging in self-seeking misconduct’. Those buying or selling logging permits unlawfully may be criminally responsible under Article 42. Forging permits or other forestry documents is an offence under Article 42. Enforcement of CITES provisions and the trade in endangered species rests with customs officials under the direction of the central government (Wang 2002a: 508).

Australia

Timber resources

Australia is not a major resource of commercial timber and timber products in the region. Although the country has significant forest areas – especially in the eastern, south-eastern, and south-western parts of the mainland and in Tasmania – timber production is small by international and regional comparison, and the country has a large trade deficit in timber and timber products. Australia has 1.8 million hectares of commercial plantations in Tasmania, Queensland, New South Wales, Victoria, South Australia and Western Australia. In recent years, the natural forest area useable for timber production has been reduced as more forests have been placed under protection and harvest volumes have been further restricted. Currently, approximately 22.6 million hectares of forest are classified as natural reserves (Australian Government DAFF 2006: 7; JP Consulting 2005: 16–17).

Illegal logging

There is currently no evidence of systematic illegal logging in Australia.

Policies and legislation

Australia has comprehensive legislation to protect its forest resources from illegal logging and conserve its natural heritage, biodiversity and endangered species. Australia is a signatory to CITES (ATS 1976, No. 29), the Convention on Biological Diversity (ATS 1993, No. 32), the World Heritage Convention (ATS 1975, No. 47), and the Apia Convention on Conservation of Nature in the South Pacific (ATS 1990, No. 41). The Environment Protection

and Biodiversity Conservation Act 1999 (Cth) consolidates relevant legislative provisions and

implements obligations under international treaties into domestic law (Lipman 2002: 30–33). The Regional Forest Agreements Act 2002 gives effect to the National Forest Policy Statement 1992 and the Commonwealth’s obligations under the 10 Regional Forest Agreements in Australia.

The purposes of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) are: (a) to provide for the protection of the environment, especially those aspects of

the environment that are matters of national environmental significance; and (b) to promote ecologically sustainable development through the conservation

and ecologically sustainable use of natural resources; and (c) to promote the conservation of biodiversity; and

(ca) to provide for the protection and conservation of heritage; and ...

(e) to assist in the co-operative implementation of Australia’s international environmental responsibilities; (section 3).

The Act identifies a range of ‘principles of ecologically sustainable development’ (section 3A), and sets out the mechanisms for protection of World Heritage and National Heritage (sections 12–15C and 313–341ZH), including requirements for environmental approval. Furthermore, the Act contains extensive provisions on the conservation of biodiversity and heritage including specific sections on identifying and monitoring biodiversity (sections 171–175), the listing of threatened species and ecological communities (sections 178–194), and for the domestic operation of CITES (sections 303B–303GY).

For the most part, Australia’s six states and two territories regulate and administer forest resources. Each jurisdiction has introduced comprehensive legislation to protect specified areas, administer logging concessions and criminalise relevant activities associated with illegal logging.

In summary, Australia’s policy of protecting domestic forests is characterised by a strong desire to conserve domestic timber resources and to limit the harvest volume at state, territory and federal levels. Although timber plantations have been set up throughout the country, domestic timber production and processing capacity remains unmatched to the level of demand, thus warranting significant import volumes. The previous government, under Prime Minister John Howard, expressed its strong determination to prevent and suppress illegal logging in Australia and abroad and launched a discussion paper entitled

Bringing down the axe on illegal logging: a practical approach with a view to developing

a new policy on illegal logging in 2007 (Australian Government DAFF 2006: 23). However, this policy proposal is largely directed at preventing importation of illegally sourced timber into Australia and does not contain new or additional mechanisms for protecting domestic forest resources.

Offences and enforcement

Australian federal criminal law contains an extensive range of criminal offences to prohibit logging of protected species, logging in protected areas and other unauthorised logging. Offences relevant to protection of domestic timber resources in Australia are set out in the

Environment Protection and Biodiversity Conservation Act 1999 (Cth). These include:

offences against World Heritage property (section 15A) •

offences against listed threatened species and threatened ecological communities •

(section 18A)

offences for taking and trading listed threatened species or communities (sections •

196B–196E)

failure to notify the taking of listed threatened species or listed ecological communities •

(section 199)

damaging a critical habitat (section 207B). •

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) also features extensive provisions dealing with enforcement of the Act. Relevant measures are set out in Part 17 of the Act and include powers to issue search warrants (sections 413–428), make arrests of persons suspected to engage in offences under the Act (sections 430–431), and seize and forfeit specimens and other goods (sections 444A–456). The federal Department of Agriculture, Forestry and Fisheries (DAFF) enforces the Act in cooperation with the Australian Federal Police and the Australian Customs Service.

Additional offences and enforcement mechanisms relating to state and territorial powers are contained in the relevant Acts.