^. 



The Algerian Forest Code 73 



any persons who have such fellings shall be liable to the penalties declared 

 under Part VI against private individuals for offenses of a similar nature." 



Communal woods cannot be divided up among inhabitants nor 

 can communes themselves demand subdivision of a forest property 

 owned conjointly and with another commune. Communes and 

 public institutions are required to pay the state 10 per cent of all 

 gross revenue to cover the cost of forest administration. The 

 general sale procedure is the same as in the case of state forests 

 except that local officials must be consulted to a certain extent. 



Part V. Joint Tenancy Forests 



Where forests are owned jointly by the state, communes, public 

 institutions, or private owners, practically the same procediu"e is 

 followed as with state or communal forests. 



Part VL Private Forests, Reforestation Areas and Clearings 



Rights of the owners of private forests are restricted for the com- 

 mon weal. Clearing is not allowed without specific examination 

 and official permission. But, when the service objects to clearing, 

 the report goes to the Governor-General, "who shall decide after 

 deliberation with the government counsel if the objection shall 

 stand." This signifies how important it is considered by the 

 French Forest Service to prevent further deforestation in Algeria. 



The reasons against deforestation given in Article 99 are the 

 same as those which justify expropriation quoted in Article 76 

 and it is clearly stated that: "clearing can only be opposed in case 

 the preservation of the woods is recognized as necessary." 



The penalty for illegal clearing amounts roughly to from $15 to 

 $50 per acre cleared ; * ' moreover, if ordered to do so by the Governor- 

 General, he shall replant the acres denuded within three years," 

 and if this planting or sowing is not carried out within the time pre- 

 scribed, it can be executed by the Service and levied against the 

 owner. Private owners can, however, clear woods less than 20 

 years old unless they cover regular forestation areas, parks or 

 gardens, imfenced woods less than 25 acres in area (provided they 

 are not on mountain slopes), or woods occurring within coloniza- 

 tion areas. 



But, according to Article 104: 



-■1 



"Excessive exploitation, grazing after fellings, coppicing operations or fires, 

 which may cause the total or partial destruction of the forest in which they 

 have been practised, shall be treated as deforestation, and in consequence 



