Forest use in modern law
The classical forest use license no longer exists in the Forest Code of Georgia: the modern regime rests on contract and auction. The right of special forest use arises on the basis of a contract concluded taking into account the results of the relevant auction, in the manner established by the Code and by the regulation on the rules of forest use. So if you are looking for a "forest license," in reality you are dealing with a contract obtained by winning an auction — and this change is reflected in detail below on this page.
The system of forest categories is a cornerstone of this regime: protected, protective, resort-recreational, economic and protected-area forest are filled with different types of use. In a protective forest, for example, all types are admissible except the preparation of timber by economic felling and the extraction of subsoil, and only with defined exceptions; a similar restriction applies in resort and recreational forest. Therefore the very first step of a project is to inquire about the category of the specific plot — everything follows from it, from the auction conditions to the content of the contract.
Types of special forest use
Article 37 of the Code governs the types of special forest use: the preparation of timber by economic felling; the preparation of non-timber forest resources, products of woody plants and secondary wood materials; the establishment of plantation farming; forest use for agricultural purposes; use for resort, recreational, sports and other cultural-health purposes; the establishment of fish farming or hunting farming; the arrangement of animal shelters and breeding stations; the placement of line structures of electronic communication networks; use for scientific-research and educational purposes; and use for special purposes. Several types may be carried out simultaneously per unit of area if they do not substantially impede each other. The category of the forest determines which types are admissible: in a protected forest, for example, economic felling is possible only in the form of sanitary felling on slopes of up to 6 degrees in existing acacia groves and in certain forests of the Colchis lowland.
The origin of the right and the document
Special forest use without a document confirming the relevant right is prohibited. A natural person prepares firewood to meet the need for firewood on the basis of a timber preparation ticket issued by the forest management body. In a case of urgent necessity, during emergency-restoration works on an object, special-purpose use without a document is admissible, but the performing person must notify the management body of the start of the activity within a reasonable period and apply with a statement for obtaining the document within 1 month of starting the activity. An interested person carries out the other types under a contract concluded taking into account the results of an auction.
State forest use and economic felling
The forest management body, deriving from the goals of sustainable forest management, carries out special use of the state forest for the preparation of timber in accordance with the forest management plan or the annual operational plan; timber may also be prepared by the winner of the felling auction under the supervision of the management body. The legal basis for preparing timber by economic felling is an individual administrative-legal act issued by the management body; for a forest in private ownership, a written document drawn up by the owner or the management body indicating the work to be performed and the volume of timber to be prepared. The winner of the auction becomes a forest user by this right and pays the fee for the use of natural resources; in this case the legal basis is the administrative-legal act and the contract together.
The rights and duties of a forest user
Article 43 of the Code governs the rights and duties of a forest user. A forest user is entitled to use the forest deriving from the goals of its activity, to demand compliance with the conditions established by the contract, to arrange temporary and permanent structures in agreement with the management body, to use forest roads and to participate in measures of forest protection, care and restoration-planting. Full rights of possession and disposal exist only over resources obtained for the purpose of plantation farming. As for duties, a forest user carries out only the use defined in the document, at the indicated places, within the periods and to the volume indicated; works in a way that does not cause soil erosion; complies with fire safety and sanitary protection rules; immediately notifies the authorities of facts of unlawful use and of fire danger.
Frequently Asked Questions
Answers to the questions asked most often about forest use.
Does a forest license exist in the classical form?
No. The right of special forest use now arises under a contract concluded on the results of an auction; use without a document is prohibited.
How does a natural person obtain firewood?
On the basis of a timber preparation ticket issued by the forest management body; for emergency-restoration works use without a document is allowed, but an application must follow within 1 month.
What is the legal basis for economic felling?
An individual administrative-legal act of the management body; for a private forest — a written document indicating the work and volume. The auction winner has both bases and pays the natural resource fee.
To what extent may use be carried out?
Only the use defined in the document — at the indicated places, periods and volume. Plantation-farming resources may be disposed of fully.
How We Help on Legal.ge
Our team assists in classifying the type of use and its compatibility with categories, in preparing for the auction and formalizing the contract, in using the timber preparation ticket or the emergency works regime, and in assembling the duties of a forest user, so as to minimize the risk of sanctions.