Through several cases over the past year, news has focused on weaknesses in the management of the forest and how virtually no violations of the law have consequences. About a month ago, Økokrim itself came out with a report in which they criticize the legislation and the system. But the municipalities already have today, according to Section 11 of the Forestry Act, an opportunity to introduce a general or limited reporting obligation for felling. Almost no one does. – It can increase knowledge about the effects of a felling before carrying out the felling. And then we are on a general precautionary principle, and who can be against such a principle? That is where I ask the question, says associate professor Fredrik Holth at NMBU. He believes that all parties have something to gain from this, to ensure that landowners and those who carry out logging get more and up-to-date knowledge about the area in which it is planned to be logged. ENGAGED: Docent at NMBU, Fredrik Holth, believes that the municipalities should familiarize themselves with the opportunities they have to follow up forestry operations more closely. Photo: Kristoffer Søvik / news Section 11 of the Forestry Act When it is necessary to maintain control that the law is followed, the municipality or other forestry authority can decide that forest owners must register plans for felling and measures related to rejuvenation and care of forest. This reporting obligation may apply to one or more forest owners in all or parts of the municipality. In a few cases, news has been in contact with the Norwegian Directorate of Agriculture, who state that they are only aware of the legal basis being used in two cases. For felling of younger coniferous forest in Levanger and Verdal and felling in selected limestone forest locations in Steinkjer. The Norwegian Directorate of Agriculture writes in an e-mail that Section 11 of the Forestry Act is an authority that the municipality, as the forestry authority, can use if they suspect a breach of the law. – It is therefore difficult to say exactly to what extent the home rule should have been used. We have not made any assessments related to whether the number of decisions on the obligation to report pursuant to Section 11 should have been higher, writes senior adviser Vegard Wist. Docent Fredrik Holth does not agree.https://www.news.no/klima/xl/skogeiere-mener-staten-bryter-lofte-om-vern-av-skog-1.16447913 – Introduction of reporting obligations is a very careful control with execution of a felling. The Act does not operate with a threshold for introducing reporting obligations, as the Directorate of Agriculture seems to assume. According to the law, the municipalities have discretionary access to introduce a general reporting obligation, says Holth. He points out that the forestry industry is particularly treated in the legislation when it comes to the large degree of freedom to implement measures. And believes that no other industry that uses nature and natural resources in that way has similar freedom. Holt believes that the Storting should also consider introducing an obligation to apply for felling in certain types of forest, as is the case for forests covered by the Lands Act in Nordmarka in Oslo. Introducing an obligation to apply, for example in what is defined as natural forest, can ensure a greater leeway for the authorities to manage how felling is carried out. This is what the Ministry of Agriculture believes The Ministry of Agriculture writes to news that Section 11 of the Forestry Act is a legal authority that the municipality can use if they suspect a breach of the law. Økokrim has sounded the alarm about many offenses in the forestry industry that go unpunished, and potentially large hidden figures. The Ministry of Agriculture and Food does not want to speculate on dark figures. They believe it is reasonable to assume that the certification schemes that apply to the sale of timber in Norway, and which set strict requirements for environmental reasons, have a significant preventive effect. There may therefore be little need for the municipalities to make use of the statutory authority in §11. The ministry emphasizes that Section 11 does not give the municipalities the authority to introduce an obligation to apply for felling, nor the authority to refuse felling or set conditions. They further write that felling is not irreversible intervention, such as demolition. They therefore believe that it is not natural to compare felling with building and construction measures or other permanent interventions regulated by other legislation. Ecocrime points to a lack of supervision news wrote earlier this autumn about Ecocrime, which in its own report points to a lack of supervision of the forest. In the period they investigated, January 2021 to July 2023, they found 63 cases. First State Attorney Hans Tore Høviskeland put it bluntly: – Ecocrime experiences – unlike other industries – that there is no active supervision by the public sector. Høviskeland believes this may be due to the public not having control over where and when forests are felled. But according to the law, they have such an opportunity to introduce reporting obligations. news has also been in contact with several mayors about this matter. Nobody wants to be interviewed. Nor will the Municipal Interest Organization (KS) comment on the case. Urges the politicians to follow along Now associate professor Fredrik Holth at NMBU is urging the municipalities to familiarize themselves with this possibility in the Forestry Act. He believes that an important reason for the lack of supervision is that the politicians are not aware that they can introduce an obligation to report. – It is a political choice, they must never introduce an obligation to report. But they must be aware that they have such an opportunity. He also believes that an important backdrop here is that the municipalities are largely the ones who manage land management. And has a big responsibility when Norway has to meet the targets in the Nature and Climate Agreement. – So this has to be seen in a much more important and bigger picture than just a small felling. This is the sum of felling and the sum of values that you use or consume, says Holth.
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Can introduce mandatory reporting for felling, but almost no one does it. Ecocrime points to a lack of supervision – news Innlandet – Local news, TV and radio
