Forest Act (ForA)
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 Procedures
Art. 46 Appeals
1 Appeal proceedings are governed by the general provisions on the administration of federal justice. 1bis and 1ter … 2 The Federal Office has the right of appeal under federal and cantonal law against rulings by the cantonal authorities made on the basis of this Act and its implementing provisions. 3 The right of appeal of the cantons, communes and organisations concerned with the protection of nature and cultural heritage is based on Articles 12–12g of the Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage. It is also accorded against rulings made on the basis of Articles 5, 7, 8, 10, 12 and 13 of this Act. 4 The Federal Council may provide for appeal proceedings against first instance rulings in the implementing legislation.
Para. 1 — Amended by No 127 of the Administrative Procedure Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 1bis — Inserted by Annex No 9 of the Gene Technology Act of 21 March 2003 (AS 2003 4803; BBl 2000 2391). Repealed by Annex No 127 of the Administrative Procedure Act of 17 June 2005, with effect from 1. Jan. 2007 (AS 2002 2197 1069; BBl 2001 4202). Para. 2 — Term in accordance with No I 17 of the Federal Act of 18 June 1999 on the Coordination and
Art. 47 Effectiveness of authorisations and orders
Authorisations and orders in terms of this Act only become effective when they come into force. This is subject to Article 12e of the Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage.
SR 451 Second sentence inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).
Art. 48 Compulsory purchase
1 If required by forest conservation measures or the erection of structures and installations for protection against natural hazards, the cantons may acquire the necessary landed property and any associated easements through compulsory purchase. 2 The cantons may declare the Compulsory Purchase Act of 20 June 1930 to be applicable in their implementing provisions whereby the cantonal government shall rule on any objections that remain in dispute. If the object of the compulsory purchase extends over the territory of more than one canton, the Compulsory Purchase Act applies.
Para. 2 — SR 711
Art. 48a Costs borne by originator
The costs of measures that the authorities introduce or order to prevent immediate threat or detriment to the forest and to ascertain and mitigate such threat or detriment shall be transferred to the culpable originator.
Art. 48a — Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).
Section 2 Enforcement
Art. 49 Confederation
1 The Confederation supervises the enforcement of this Act and implements the duties directly assigned to it by this Act. 1bis It coordinates its enforcement measures with those of the cantons. 2 Before a federal authority issues a ruling on the basis of the Forest Act based on another Federal Act or an international agreement, it shall consult the cantons concerned. The Federal Office and the other federal agencies concerned cooperate in accordance with Articles 62a and 62b of the Government and Administration Organisation Act of 21 March 1997 in relation to enforcement. 3 The Federal Council enacts the implementing provisions. It may delegate the issuing of provisions of a primarily technical or administrative nature to the Federal Department of the Environment, Transport, Energy and Communication or its agencies and to subordinated federal offices.
Art. 49 — Amended by No I 17 of the Federal Act of 18 June 1999 on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591). Para. 1bis — Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909). Para. 2 — SR 172.010 Para. 3 — Second sentence inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).
Art. 50 Cantons
1 The cantons enforce this Act and enact the necessary regulations; Article 49 is reserved. 2 The cantonal authorities shall undertake immediately the measures necessary to redress unlawful situations. They are authorised to collect security deposits and impose substitutive execution.
Art. 50a Delegation of enforcement tasks
The enforcement authorities may commission and remunerate public or private agencies to conduct controls and other enforcement measures.
Art. 50a — Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).
Art. 51 Forest organisation
1 The cantons ensure the appropriate organisation of the forestry service. 2 They divide their territory into forest districts and forest areas. These are managed by forestry experts with tertiary-level education and practical experience.
Para. 2 — Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2017 (AS 2016 3207; BBl 2014 4909).
Art. 52 Reservation of the right to grant authorisation
The cantonal implementing provisions on Articles 16 paragraph 1, 17 paragraph 2 and 20 paragraph 2 require the approval of the Confederation to be valid.
Art. 53 Duties to provide information
1 All cantonal implementing provisions must be made known to the Federal Office prior to their entry into force. 2 The Federal Department of the Environment, Transport, Energy and Communications stipulates which cantonal provisions and decisions must be made known to the Federal Office.