Forest Code of Georgia (No. 5949-SS of 2020)

This Code regulates legal relations related to forest management. It consists of 23 chapters: General provisions (I); Powers in the Field of Forest Policy, and the Management and Supervision of the Forest of Georgia (II); Registration and Planning of the Forest of Georgia (III); Common Forest Use (IV); Special Forest Use (V); Timber Harvesting through Commercial Felling (VI); Harvesting of Non-wood Forest Products, Wood Products and Secondary Wood Materials (VII); Establishment of a Plantation Forest (VIII); Forest Use for Agricultural Purposes (IX); Forest Use for Resort, Recreational, Sports and Other Cultural and Health Enhancing Purposes (X); Establishment of a Fishing Farm and/or a Hunting Area (XI); Establishment of Animal Shelters and Breeding sites (XII); Construction of Line Structures of Electronic Communications Networks (XIII); Forest Use for Scientific Research and Educational Purposes (XIV); Special Forest Use for Particular Purposes (XV); Protection of the Forest of Georgia (XVI); Reforestation and Afforestation (XVII); Forest Tending (XVIII); Appropriate Academic and Vocational Education in the Field of Forestry (XIX); Social Protection Guarantees for Foresters and Forestry Specialists (XX); Liability for the Violation of the Code (XXI); Transitional Provisions (XXI); and Final Provisions (XXIII). The purposes of this Code are to conserve the biodiversity of the forest of Georgia, and, in order for the environmental, social and economic functions of forest to be performed, to preserve and improve its qualitative properties, and the quantitative and qualitative characteristics of forest resources; to preserve the original natural and cultural environment of forest, including the vegetation cover and animal world, and natural and cultural property located in forest, and rare and endangered plant species and other assets for future generations and to ensure the harmonised regulation of their interrelation; to ensure targeted and rational use of forest resources and other natural potential of forest; and to determine the main principles of forest management which shall become the basis for sustainable forest management.
The Code intersects with land ownership and soil protection. It provides that the right of ownership of forest shall be inseparable from the right of ownership to a plot of land. The forest of Georgia may be under state, municipal or private ownership. Private forest is a part of the forest of Georgia located on a plot of land which is under the ownership of a natural or legal person. The Code also aims to facilitate the preservation and restoration of soil protecting functions of forest. It provides that a protection forest shall be, among others, a forest of up to 100 m in width located around the precipice, landslide area, scree, karst area, and a place of exposure of the parent material of mountain soils; and a forest located on creeping soil. In the process of the sustainable management of a commercial forest, the soil formed in and under the forest shall be protected and soil fertility and derived benefits shall be preserved.
For disaster management, the Code provides that a protection forest shall be, among others, a forest of up to 200 m in width located alongside a permanent avalanche corridor or mud flow channel; a forest located on eroded land; a forest located on creeping soil; and a forest located on a slope with a landslide hazard. A forest management body may establish a plantation forest, among others, to stop erosion and landslide processes.
The Code also defines “riparian forest” as a forest that is located in a river basin and is periodically covered with water (during flood and/or high water). Among others, a protection forest shall be a forest of up to 100 m in width from the riverbank, a shore of a lake or of a water reservoir. On the other hand, a resort and recreational forest shall be, among others, a forest located in the sanitary protection zone of a resort; and a forest area within a radius of 1 km from a medical institution or a mineral spring. The relevant distance shall be limited by a watershed. In addition, special forest use in a water protection strip shall be carried out in compliance with the requirements of the Law of Georgia on Water and the maritime legislation of Georgia. Further, the purposes of special forest use for particular purposes shall be, among others, to implement a project of special state or public importance, to use water supply and sewerage infrastructure, hydroelectric installations; and to examine and/or extract subsoil (including groundwater).
The Code establishes that a forest area may be selected for the purposes of forest use for establishing a hunting area by a forest management body or on the initiative of a person interested in the special forest use, on the basis of a forest management plan and/or an annual action plan or special research. An animal shelter and a breeding site may be established for the purposes of preserving or reproducing/breeding and selling animal species.
The Code provides that taking into consideration the interests of the local population, appropriate livestock grazing areas shall be allocated in state or municipal forests, except where grazing is not feasible due to the function and/or condition of the forest.
The Code also states that forest use for agricultural purposes means the use of forest land (area) as a hayfield, a pasture or a temporary beeyard. For agricultural purposes, forest shall be used in a form and with a method that do not affect woody plants and do not cause erosion.
The Code provides that a fishing farm may be established for commercial purposes to breed and catch fish. The introduction and reproduction of invasive species of fish shall be prohibited under the right to establish a fishing farm.
Finally, the Code provides that the purposes of special forest use for particular purposes shall be, among others, to examine and/or extract subsoil (including minerals). Studying and/or extracting subsoil shall not be permitted in a protected forest. All types of special forest use shall be permitted in a protection forest, except for, among others, the extraction of subsoil.