(Establishment of Sharing Forest)
Article 9. The Minister of Agriculture and Forestry may, under the contract, make person other than the Government reforest a national forest and share the profit therefrom between the Government and the reforester.
(Contents of Sharing Forest Contract)
Article 10. The contract under the preceding Article (hereinafter referred to as "sharing forest contract" ) shall provide following matters:
(1) Location and acreage of national forest as the objective of sharing forest contract (hereinafter referred to as "sharing forest" );
(2) Period of continuation of the contract concerned;
(3) Kinds and the number of trees of planting (including artificial seeding;hereinafter the same);
(4) Period and method of planting;
(6) Period and method of cutting;
(7) Ratio of profit sharing;
(8) Other necessary matters.
(Share of Sharing Trees, etc.)
Article 11. Planted trees under sharing forest contract (hereinafter referred to as "sharing trees" ) on sharing forest shall be jointly owned by the Government and the reforester and the share shall be based on ratio of profit sharing provided for by the contract concerned.
2 Stump shall come under the ownership of the Government;however, special provisions may be made under the contract.
3 Naturally grown trees after the sharing forest contract was made, which are designated by the chief of the district forestry office to be raised up together with sharing trees, shall be deemed sharing trees.
4 The provision of Article 256 (Request on Partition of Jointly Owned Property) of the Civil Code (Law No.89 of 1896) shall not apply to sharing trees.
(Period of Continuation of Sharing Forest Contract)
Article 12. The period of continuation of sharing forest contract shall not exceed eighty years.
2 Sharing forest contract can be renewed.
(Responsibility of Protection)
Article 13. The reforester shall conduct the following acts on sharing forest:
(1) Prevention and extinction of fire;
(2) Prevention and check of illegal cutting, erroneous cutting and other offences;
(3) Extermination and prevention of spread of harmful animals and plants;
(4) Preservation of boundary signs and other similar signs.
(Collection of Forest Products)
Article 14. The reforester may collect the forest products from sharing forest mentioned under:
(1) Weeds and fallen leaves and branches;
(2) Fruits and mushrooms;
(3) Naturally grown trees after the sharing forest contract has been made (except those designated by the chief of the district forestry office in accordance with the provision of Article 11 paragraph 3);
(4) Trees to be cut for tending within twenty years after planting.
(Limits of Disposition of Right, etc.)
Article 15. The reforester shall not mortgage or dispose the right excepting the case where he obtained the permission thereon from the chief of the regional forestry office.
Article 16. The reforester shall not use the sharing forest for the purpose other than that of sharing forest contract excepting the case where the approval by the chief of the regional forestry office has been exercised considering such use to be no hindrance to the purpose of sharing forest contract.
(Cancellation of Sharing Forest Contract)
Article 17. The Minister of Agriculture and Forestry may, if a case comes under any one of the following items, cancel sharing forest contract excepting the case where the responsibility shall not rest with the reforester:
(1) When the reforester has not started planting after one year passed from the beginning of the planting term provided for by the contract concerned;
(2) When the reforester has not finished planting at the time of expiration of planting term provided for by the contract concerned;
(3) When there is no prospect for growth of forest when five years passed after planting;
(4) When the reforester has not observed the method of planting, tending or cutting provided for by the contract concerned;
(5) When the reforester failed to carry out the acts provided for in Article 13;
(6) When the reforester violated the provision of the preceding Article;
(7) When the reforester committed a crime on the sharing forest.
2 In case sharing forest contract has been cancelled in accordance with the provision of the preceding paragraph, trees of which the planting in finished shall come under the Government ownership.
3 The Minister of Agriculture and Forestry may, in case the Government or the public entity needs to use sharing forest for official use, public use, Government enterprise or nonprofit undertaking, cancel the sharing forest contract.
4 In case the Minister of Agriculture and Forestry intends to cancel the sharing forest contract in accordance with the provision of paragraph 1 or the preceding paragraph, he shall give the reforester or his proxy an opportunity to express his opinion and present profitable evidence at a public hearing, notifying to that effect with reason in advance to the reforester.
5 In case the sharing forest contract has been cancelled in accordance with the provision of paragraph 3, the provision of Article 24 paragraph 2 and Article 25 (Compensation of Damage in case of Cancellation of Contract) of the National Property Law shall apply mutatis mutandis. In this case, "lessee" in Article 24 paragraph 2 of the same Law shall read "reforester."