Article 63¹ of the Administrative Offences Code of Georgia establishes administrative liability for breaching the rules, established by legislation, on the allocation and use of felling sites and on forest use in the forests of protected areas. The forests of protected territories enjoy a special status: there, forest use is strictly balanced against nature-conservation goals, and therefore a breach of the rules constitutes a separate offence that operates independently of the general forestry norms and carries its own sanction. On this page we describe in detail on which territories this norm operates, what a breach of the felling-site allocation and forest-use rules means, and what fine is provided for such a breach.
On which territories Article 63¹ operates
The norm applies to the forests of the traditional use zone of a national park, a sanctuary, a specially designated zone of a multiple-use territory, a protected landscape, and the traditional-cultural landscape zone of a biosphere reserve. This list covers those parts of protected areas where legislation generally permits forest use, but under special rules — in a balance between traditional activity, the needs of the local population and the protection of the landscape. It is precisely in these zones that the allocation of a felling site, its use and forest use in breach of the established rules constitute the administrative offence provided for by this article.
What a breach of the felling-site allocation and forest-use rules means
A felling site is an area on which timber is harvested for the purpose of forest cultivation. Its allocation takes place under an established procedure, with documentary formalisation and in compliance with specific conditions. Any deviation from that procedure counts as a breach: the allocation of a felling site with incorrect boundaries, its use in breach of the established conditions, or the non-observance of those forest-use rules that are established by the legislation in force on protected areas. It is noteworthy that liability arises from the very fact of the breach of the rules: within the framework of this article, what is decisive is the violation of the procedural order in a forest with protected status.
The amount of the fine
The breach provided for by Article 63¹ entails a fine of two hundred to three hundred lari, that is, from 200 to 300 GEL. The specific amount within this range is determined taking into account the circumstances of the breach. The sum is modest compared with other forestry norms, but it means that liability arises from the violation of the procedure itself, and the status of a protected territory demands particular care in this context.
Why the forests of protected areas are specially protected
The forests of protected areas perform functions that go beyond timber harvesting:
- they preserve biodiversity and the habitats of rare species;
- they protect the landscape and traditional cultural values;
- they ensure that the traditional activity of the local population stays within the established framework.
That is why the legislature treats any deviation from the forest-use rules on these territories as a separate offence, and the allocation of felling sites there is under special control.
Practical recommendations
If your activity concerns the forest of a protected area, you are advised to do the following:
- verify whether the particular plot falls within the zones listed in the article;
- formalise in advance all documents on the allocation of the felling site and on forest use;
- observe the established conditions exactly — on a protected territory any deviation is recorded;
- where necessary, consult a lawyer to assess the lawfulness of the fine.
Procedural aspects of the hearing and the defence
When a fine is imposed, the precise establishment of several circumstances is decisive. First, the status of the territory: the protocol must indicate that the breach was committed precisely in a zone listed in this article, since other norms operate on the general forest fund. Second, the documentary basis: the act on the allocation of the felling site, the document confirming the right of forest use, and the materials establishing the factual contours of the breach. Third, the specific form of the breach: exactly which rule was violated and what evidence confirms this. The procedure for drawing up the protocol and hearing the case is determined by other norms of the Code, so in your defence pay attention to procedural details as well — the time limits, the competence of the hearing body and the possibility of appeal. In disputed cases you may also need an expert assessment of the forest-management documentation.
Note that a fine of 200 to 300 GEL is determined in each particular case according to the circumstances: the character of the breach, the significance of the territory and the person's attitude may influence the final amount. A complete analysis of the case materials therefore often makes it possible to challenge not only the lawfulness of the fine but also its amount.
Conclusion
Article 63¹ protects the forests of protected areas: in the traditional use zone of a national park, a sanctuary, a special zone of a multiple-use territory, a protected landscape and the traditional-cultural zone of a biosphere reserve, a breach of the felling-site allocation and forest-use rules entails a fine of 200 to 300 GEL. If you need an assessment of whether a fine imposed under this article is lawful, the specialists at Legal.ge will help you analyse the documents.