264 FEATURES OF FRENCH NATIONAL FOREST ADMINISTRATION 



The prefet, "en conseil de prefecture," gives his opinion on this opposition. 



The forest agent of the department is notified of this opinion as well as the owner, 

 and it is transmitted to the Minister of Finances who makes an administrative decision, 

 after having consulted the financial section of the "conseil d'6tat." 



If, within six months following the notification of opposition, the decision of the 

 minister is not given and transmitted to the owner of the timber, the clearing may take 

 place. 



Original Art. 219. For 20 years from the date of promulgation of the present 

 law, private owners have no right to grub up or to clear their timber, unless they notify 

 the sous-preiet at least 6 months in advance, during which time the administration 

 may inform the owner of its opposition to the clearing. Within the 6 months, from 

 this notification, the preiet has to decide the case subject to approval of the Minister 

 of Finances. If within the 6 months following the notification of the opposition, the 

 decision of the minister has not been given and transmitted the owner, then the clearing 

 of timber may take place. 



Ordonnance of August 1, 1827, for the execution of the "Code Forestier." 



REGULATIONS REGARDING THE CLEARING OF TIMBER 



Art. 192. (Decree Nov. 22, 1859.) The declarations prescribed in Art. 219 of 

 the "Code Forestier" must indicate the name, the location, and the area of the timber 

 which private owners desire to clear; furthermore they must mention the choice of a 

 residence in the canton in which the timber is located; these declarations will be made 

 in duplicate and deposited at the prefecture where they will be put on record. They 

 will be signed by the sous-preiet who will give back one of the copies to the owner mak- 

 ing out the declaration, and will immediately transmit the other to the "agent forestier 

 superieur de I'arrondissement." 



Art. 193. (Decree of Nov. 22, 1859.) Before proceeding with the investigation 

 of the conditions and location of timber, and at least 8 months in advance, one of the 

 agents designated by Article 219 of the "Code Forestier" will have to send the 

 party concerned, at the residence selected by this party, a notice stating the day on 

 which the said investigation will take place and inviting the party to assist or to be 

 represented. 



Art. 194. (Decree of Nov. 22, 1859.) The proces-verbal established by the for- 

 estry agent will mention all data and information which may be of such a nature as to 

 cause objection to the clearing on account of one of the reasons enumerated in Article 

 220 of the "Code Forestier"; furthermore, if the timber in question is located in part 

 of the frontier zone, where the clearing cannot take place without authorization, this 

 fact will simply be mentioned in the proces-verbal. 



Art. 195. (Decree of Nov. 22, 1859.) The proces-verbal will be transmitted with 

 all papers to the conservateur who, before reporting his opposition, will have a copy of 

 it sent to the party concerned, inviting him to present his objections. 



Art. 196. (Decree of Nov. 22, 1859.) If the conservateur thinks that the timber 

 must not be cleared, he will transmit his opposition to the owner and he will immediately 

 refer the case to the preset, transmitting him all his papers with his objections. In a 

 contrary case, the conservateur will refer without delay to the directeur g6n6ral des 

 forlts, who will report on the matter to the Minister of Finances. 



Art. 197. (Decree of Nov. 22, 1859.) Within a month's time, the preset, at the 

 prefecture meeting, will give his opinion regarding the opposition with full details. 



Within 8 days following this opinion, the preset will have it transmitted to the 

 owner of the timber and to the conservateur and, if there is no conservateur in the 



