Section 17 - Inspection
(1) If there is reasonable reason to suspect that the planned or initiated felling or other measure is in conflict with this Act or the provisions or regulations issued under it or if the landowner or the holder of the right of possession or other such special right has failed to comply with the obligation referred to in section 8 after regeneration felling, as well as in cases where a prohibition of treatment referred to in section 16 has been issued, an inspection must be carried out without delay in the area on the initiative of the Forestry Centre or following an application to the Forestry Centre by the landowner or holder of special right.
(2) The inspection is carried out by an inspection committee. The inspection must determine whether or not the law has been broken. The inspection committee must also express its opinion about the measures required to fulfil the obligations set by the law. If the case is pending in the [Provincial Administrative Court] due to appeal, the records of the inspection committee must be delivered to the [Provincial Administrative Court] without delay.
(3) Provisions concerning the inspection committee and arrangement of the inspection are laid down in the Act on the Forestry Centres and Forestry Development Centre (1474/95).
Section 18 (520/2002) - Forest offence and forest infringement (552/2004)
(1) The punishment for a forest offence is laid down in Chapter 48 a, section 3 of the Penal Code
(2) A person who deliberately or through negligence
1) neglects the forest use declaration laid down in section 14 or files the declaration after the set time limit of 14 days,
2) violates the rules for the felling of the tree stand in section 5 or a provision or regulation issued under it,
3) violates the provision concerning the establishment of a new tree stand in section 8 or a provision or regulation issued under it,
4) carries out a management or use measure directed at a habitat which is of special importance in terms of forest diversity contrary to section 10 or a provision or regulation issued under it or without permission or contrary to the condition on permission,
5) violates the provision concerning forestry in timberline forests in section 12(1 or 2) or regulation issued under them, or
6) violates the provision concerning protection zones in section 13 or regulation issued under it, shall be sentenced to a fine for forest infringement, unless a more severe punishment is provided in other law.
Section 18 a - Preventing forest felling (552/2004)
(1) A person is unlawfully present within the immediate surroundings of a felling site when the felling is under way with the intent of disturbing forest felling carried out in accordance with this Act so that the felling is prevented shall be sentenced to a fine for preventing forest felling, unless a more severe punishment is provided in other law.
Section 19 - Forfeiture (881/2001)
(1) The provisions laid down in Chapter 2, section 16 of the Penal Code apply to forfeiture of the financial benefit arising from an offence referred to in section 18 above to the State. Costs of remedial measures referred to in section 20 are deducted from the financial benefit to be forfeited.
(2) In addition, the provisions laid down in Chapter 10 of the Penal Code apply, as appropriate.
Section 20 - Remedial measures
(1) A person or party who treats a forest in a way that violates the provisions laid down in section 5(1-3), section 10(3), or section 12(1 or 2), or the provisions or regulations issued under these, or the regulations issued under section 13, or fails to fulfil the obligation concerning the establishment of a new tree stand, is obligated to remove the effects of the illegal measure or to restore the original conditions to an extent that is possible at reasonable cost, or to fulfil the regeneration obligation in compliance with section 8.
(2) If agreement concerning the remedial measures is not reached between the Forestry Centre and the party concerned, the Forestry Centre may obligate the party concerned to carry out the necessary measures. The Forestry Centre may enforce its decision with a penalty of a fine or the threat of performance at the defaulter’s expense. The Act on Conditional Imposition of a Fine applies to the penalty of fine or the threat of performance at the defaulter’s expense.
(3) In cases where a party other than the party concerned owns the real estate or is authorised to make decisions concerning the matter on the basis of a special right, the consent of this party to the agreement concerning the remedial measures must be obtained. If the landowner or holder of a special right does not give its consent that the Forestry Centre may obligate the party which violated the law to carry out the necessary measures, the Forestry Centre may decide to carry them out or have them carried out at the expense of the party concerned. The costs incurred in carrying out the measures are paid in advance from State funds and they may be recovered from the party concerned through execution as laid down in the Act on the Recovery of Taxes and Charges through Execution (367/61). (1224/1998)
(4) If the misdemeanour is a minor one, the proceedings may be dropped.
Section 21 - Right of lien
(1) In cases where the costs of having the measures carried out referred to in section 20(2) relating to measures required to establish a new tree stand referred to in section 8 are paid from State funds, and when responsibility for ensuring the establishment of a new tree stand rests on the owner of the real estate for the benefit of whom the measures are performed, the real estate is lodged as a security for the repayment of the said costs to the State, as laid down in Chapter 20 of the Land Code (540/95).
(2) The Forestry Centre may consent to a change or withdrawal of registration for the part of real estate formed by partitioning from the real estate lodged as security. Consent may only be given if the recovery of the claim to the State is not endangered owing to the termination of the right of lien.
Section 22 - Notification of prosecution
(1) The Forestry Centre must notify an action or default referred to in section 18 it has detected to the prosecutor for the purpose of bringing charges. Notification is not required the action or default is to be considered a minor one considering the circumstances and prosecution is not deemed necessary in the public interest.
(2) The Forestry Centre must be given the opportunity to be heard in the pre-trial investigation and in the court of first instance in a matter on which the Forestry Centre has filed notification of prosecution.
