PRIVATE FORESTS, ETC. 185 



Art. 98. No private individual can claim the right to grub 

 or clear his woods without having previously made a declara- 

 tion at the office of the under prefect at least three months 

 in advance, during which time the department can make known 

 to the owner its opposition to the clearing. This declaration 

 should give the election domicile in the canton where the woods 

 are situated. 



Within two months after the declaration, a Waters and 

 Forests officer shall examine the condition and the situation 

 of the woods, and shall draw up a detailed report. 



After a consideration of this report, the conservator of 

 Waters and Forests shall lodge his objection to the clearing 

 if any exists. 



In this case, the report shall be transmitted to the owner 

 who can state his case. This report shall then be transmitted 

 to the Governor General, who shall decide, after deliberation 

 with the government council, if the objection shall stand. 



If, within six months after the objection has been presented, 

 the decision of the Governor General has not been rendered 

 and the proprietor of the woods notified, the clearing may be 

 effected. 



Art. 99. Clearing can only be opposed in case the preserva- 

 tion of the woods is recognized as necessary : 



1. For the maintenance of lands on mountains or slopes. 



2. For protecting the soil against erosion and the encroach- 



ment of rivers, streams, or torrents. 



3. To insure the existence of springs or water courses. 



4. For the protection of dunes and shores against erosion 



by the sea and encroachment by the sand. 



5. For the defence of territory in the frontier zone which 



shall be determined by a regulation of the civil 

 authorities. 



6. For the sake of public health. 



Art. too. In case of any violation of Art. 98, the person 

 who shall have effected, or caused to be effected, the clearing 

 shall be sentenced to a minimum fine of 200 francs ($38.60), 

 and a maximum fine of 500 francs ($96.50) per hectare (2.5 acres) 

 of woods which have been cleared. 



