Forest Act (ForA)

By Steph2
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In The Matter OfForest Act (ForA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Forest Management

Art. 20 Forest management principles

1 The forest shall be managed in such a way that it can fulfil its functions without interruption or restriction (sustainability). 2 The cantons shall enact planning and management regulations; in doing this, they shall take into account the requirements of wood supply, close-to-nature silviculture and the protection of nature and cultural heritage. 3 Should the state of the forest and forest conservation allow it, the maintenance and use of the forest may be dispensed with entirely or in part for ecological and landscape reasons. 4 The cantons may delimit suitable areas as forest reserves for the conservation of the species diversity of flora and fauna. 5 Where required by the protective function of the forest, the cantons ensure a minimum level of maintenance.

Art. 21 Wood harvesting

Any person who wishes to fell trees requires a permit issued by the forestry service. The cantons may provide for exemptions.

Art. 21a Worker safety

In order to ensure worker safety, contractors engaging in wood harvesting in the forest must demonstrate that the workers employed have completed a federally recognised course on the dangers of forestry work.

Art. 21a — Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).

Art. 22 Prohibition of clearcutting

1 Clearcutting and forms of wood harvesting that have effects similar to clearcutting are prohibited. 2 The cantons may authorise exemptions to allow special silvicultural measures to be carried out.

Art. 23 Restocking of forest gaps

1 Should gaps arise in the forest due to interventions or natural events which endanger the stability or protective function of a forest, their restocking shall be ensured. 2 If this does not occur through natural regeneration, the gaps must be planted with tree and shrubs that are suited to the location.

Art. 24 Forest reproductive material

1 Only reproductive material and plants that are healthy and suited to the location may be used for forest planting. 2 The Federal Council issues regulations on the origin, use, trading and safeguarding of forest reproductive material.

Art. 25 Alienation and division

1 The alienation of forest in the ownership of communes and corporations and the division of forests requires the authorisation of the canton. This may only be granted if the functions of the forest are not impaired as a result. 2 If the alienation or division also requires authorisation in accordance with the Federal Act of 4 October 1991 on Rural Land Rights, the cantons shall ensure that the authorisation processes procedures are combined and concluded by joint decision.

Para. 2 — SR 211.412.11

Section 2 Prevention and Remediation of Forest Dam

Art. 26 Federal measures

1 The Federal Council shall enact regulations on measures for the prevention and remediation of damage that arises as a result of natural disaster or harmful organisms and that could pose a threat to the function of the forest; 2 In order to protect against harmful organisms, it may ban or limit certain organisms, plants or products, or introduce requirements to authorise, report, register or document them. 3 The Confederation shall establish measures at the national borders and ensure that the cantons set and coordinate trans-cantonal measures within the country’s borders. 4 It maintains a federal plant protection service whose forest section is subordinate to the federal office.

Art. 26 — Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).

Art. 27 Cantonal measures

1 Subject to Article 26, the cantons shall take any measures necessary to prevent the causes and consequences of damage that could compromise the functions of the forest. In particular, they monitor their area for harmful organisms. 2 They shall regulate wild animal populations in such a way that forest conservation, in particular natural regeneration with tree species suited to the location, is guaranteed without protective measures. Where this is not possible, they undertake measures to prevent damage caused by wild animals.

Para. 1 — Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).

Art. 27a Prevention of harmful organisms

1 Persons handling plants must observe the principles of plant protection. 2 The Confederation, in cooperation with the cantons concerned, shall establish strategies and guidelines on measures to be taken against harmful organisms that may considerably compromise forest functions. The measures ensure that: a. newly identified harmful organisms are destroyed in a timely manner; b. established harmful organisms are contained if the expected benefits outweigh the costs of control; c. harmful organisms found outside of the forest area are also monitored, destroyed or contained in order to protect the forest. 3 Owners of trees, shrubs, other plants, cultures, plant material, means of production and objects that are infested or could be infested with harmful organisms, or are themselves harmful organisms, must carry out or allow monitoring, isolation, treatment or destruction thereof in conjunction with the relevant authorities.

Art. 27a — Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).

Art. 28 Extraordinary measures in the event of forest disasters

In the event of forest disasters, the Federal Assembly may undertake measures, by means of a general federal decree not subject to a referendum, that specifically serve the preservation of the forestry and timber sector.

Art. 28a Action against climate change

The Confederation and cantons shall take measures to provide sustainable support to the forest in its functions, even under changed climatic conditions.

Art. 28a — Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).