Reforestation obligations, public access and use of non-wood forest products

  • Last update: 29 September 2016
  • File size: 82.37 KB
  • Author: Josephine Bauer, Mathleena Kniivilä, Volker Sasse and Franz Schmithüsen

Abstract

This paper summarizes the main findings of a study undertaken for the UNECE/FAO Timber Branch and as Geneva Forest Discussion Paper Nr. 37.

Forest laws of 23 European countries have been examined in order to analyse the approach towards three basic legal issues, which are of relevance in the relationship between society and forestry: (1) reforestation obligations after final cutting or loss offorest cover due to fire and natural calamities, (2) public access to forests and (3) public use of non-wood forest products (NWFP). National forest legislation includes regulations for obligatory reforestation thus confirming the importance of maintaining a continuous forest cover. Public access to forests is allowed in most of the analysed countries; however, forest owners may have specific rights to limit such access. Limitations exist mainly because of nature protection (e.g. rare biotopes) or because of property rights of the forest owners. In most of the examined countries the public has usage rights to collect certain non-wood forest products in defined quantities. On the whole the findings of the study show a common concern of the reviewed countries in regulating the three issues in their national forest law. However, there are differences with regard to the extent of regulation which reflect sub-regional variations in demand and resource potentials as well as historical developments and national traditions. Altogether the findings provide a useful input to the dialogue about forestry policies in Europe and the contribution of forest land use to overall sustainable development.

Abstract
This paper summarizes the main findings of
a study undertaken for
the UNECE/FAO Timber
Branch and as Gene
va Forest Discussion Paper Nr. 37.
Forest laws of 23 European coun
tries have been examined in
order to analys
e the approach
towards three basic legal issues,
which are of relevan
ce in the relationship between society and
forestry: (1) reforestation obligati
ons after final cutting or loss of
forest cover due to fire and
natural calamities, (2) public acce
ss to forests and (3) public us
e of non-wood forest products
(NWFP). National forest legisl
ation includes regulations for obligatory reforestation thus
confirming the importance of main
taining a continuou
s forest cover. Public
access to forests is
allowed in most of the analysed
countries; however, fore
st owners may have
specific rights to
limit such access. Limitations ex
ist mainly because of nature pr
otection (e.g. rare
biotopes) or
because of property rights of th
e forest owners. In most of the
examined countries the public has
usage rights to collect certain
non-wood forest produc
ts in defined quantities. On the whole the
findings of the st
udy show a common concern
of the reviewed countrie
s in regulating the three
issues in their national forest law. However, th
ere are differences with re
gard to the extent of
regulation which reflect sub-regi
onal variations in demand and re
source potentials as well as
historical developments a
nd national tradition
s. Altogether the findings provide a useful input to
the dialogue about forestry policies in Europe an
d the contribution of fo
rest land use to overall
sustainable development.

eu-55
This project has received funding from the European Union’s Seventh Programme for research, technological development and demonst ration under grant agreement No. 311919

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