Introduction and contents of Forest Regulation (1857)

Abstract

The article sheds light on the circumstances predominantly causing that Forest Regulation (1857) be introduced, the very procedure of its introduction, puts forward the contents of that act and systematizes its articles. Not very long after the introduction of the Regulation on Deforestation (1839), the public expressed discontent with the effects it had caused. From the mid-forties ever more criticism emerges towards that rule, demanding its abolition and replacement with another regulation which would protect forests in a better manner. In the beginning of fifties the voices that Serbia was being mercilessly deforested provoke the first drafts of new regulation. In 1855, State Council proposes the prince the outline of Forest Regulation consisting of 27 articles and containing provisions on the sorts of wood whose cutting is permitted, the procedure of issuing tree-cutting permit, taxes for downed trees depending on the purposes of their use and sort of wood, penalty provisions and attribution of lands covered by forests to the poor. Nevertheless, in 1856 the prince declined his sanction and requested the Council to reconsider its draft. Due to the request, the Council decided to confide reproduction of the outline to the Commission antecedently formed in order to examine state income and expenditure and draw up a tax reform. The Commission completed its task in February 1857, sending the Council altered version of prime draft, in some places significantly differing from the original. However, the Council failed to adopt the majority of Commission's remarks. Instead, it withdrew some of original provisions and replaced it to its own new resolutions. Such text was sent to the prince on May 18th,1857. The ruler expressed his approval and requested the Council to resend him the draft in the appropriate form of regulation. The Council had granted the recommendation and the draft, now in requested form, was sent anew to the prince, who eventually, on June 26th approved the introduction of the Forest Regulation. Withal, some loopholes were noticed afterwards, so the Council decided to unify three authentic interpretations issued on the initiative of Ministries of Finances and Internal Affairs into a single act - supplement to the Regulation. Future research on this field should focus on the reactions that the Regulation caused among the public, its comparison to the Regulation on Deforestation and further elaborate the social context that preceded the Regulation's enactment. Only after having deepened actual knowledge on the Regulation with answers to aforementioned questions, will the Regulation be wholly scientifically examined.