Illegal cutting of trees in the private forest

At the end of march 2012, citizens informed green action on the green phone of the cutting of trees in the private forest in sesvete. They visited the disputed parcel themselves and found that most of the trees were marked for cutting. We directed the citizens to call the police, and we, given current long-term experience, started to resolve this case with the assumption of illegal clear-cutting of forest parcel with the aim of converting it from green zone to construction zone in the Spatial planning documents, and finally constructing of buildings. By checking the General Urban Plan (GUP) of Zagreb and Sesvete, we established that this "triangle" of the forest is located in the zone which carries the sign SFP (Sesvete forest park) under the urban rule 6.3 (Sesvete park - forests with no recreation) in Z2 zone or zone of protected greenery. On the same day, we sent written reports to the Urban Development Inspectorate due to a suspicion of violation of spatial planning documents, to the Construction Inspection for initiating the works and preparing the ground for construction the zone marked in GUP as protected greenery, to the Nature Protection Inspection for the destruction of the forest park, and finally to the Forestry inspection due to illegal cutting. Neither the Urban nor the Building Inspection, in connection with these reports, never responded to us, the Environmental Protection Inspection responded that due to the fact that the said parcel does not fall under the type of protected natural areas which are located in their jurisdiction there is no grounds for action and directed us to the competent Forestry inspection, while the Forestry Inspection responded that they have no grounds for action given that this particular case relates to the parcel which is not listed in the cadastre as the forest but as the meadow. It is important to emphasise that there is no provision in the Forests Act according to which that what is written in the cadastre would be relevant for determining whether a particular parcel is a forest or not. Quite the opposite, the Forest Act clearly states; "Article 4(1) for the purposes of this Act, the forest is considered a land overgrown with forest trees in the form of a stand on an area bigger than 10 acres." After a few phone calls and almost no feedback from the relevant Forestry Inspection, citizens informed us that the cutting stopped. It remained so until the call we received in March this year. Exactly three years after the first attempt of the conversion of the parcel, the owner of the forest started a new clear-cutting. In the meantime, the amendments to the Law on Spatial Planning cancelled the institution of Urban Inspection and the devastation of forests has become a criminal offence. We started to resolve the new-old report of illegal clear-cutting of the forest parcel with the same assumption on the intention of converting the parcel in spatial planning documents. By verification in the GUP Sesvete, we determined that this parcel is still located in zone Z2. We have informed the relevant police station on these illegal activities on the same day, and submitted a written report to the Forestry Inspection. A few days after the first report, the citizens informed us that almost the entire forest is gone. Then, in early April, we received a written response of the Forestry Inspection which, inter alia, reads: “By the site inspection of the land parcel it was determined that about 90% of the forest area (around 4,000 m2) was clear-cut. (...) According to the perpetrator’s statement, in 2013 he initiated proceedings for changing the forest culture with the mixed culture for the purpose of building a nursing home and requested from the City Office for Physical Planning, Construction of the City, Utility Services and Transport to convert his land in the GUP Sesvete. (...) Given that the application has been accepted for consideration, in the belief that it will be resolved favourably with the amendment of GUP, which should be considered at the last meeting of the City Assembly, it began to work on the preparation of land for construction of the facility (nursing home) and at the same time prepared a request for clear cutting of the forest and deforestation. City Assembly Meeting was postponed, so before submitting an application for cutting, he started with preparatory work on landscaping, thinking that in the meantime he will receive a decision for cutting down the forest. The inspector rendered an oral decision on the spot on the prohibition of further work on the land parcel in question and ordered the preparation of habitat for filling it with sessile oak for the purpose of renewing the forest stands and planting throughout the cut-down surface. For the offence committed and clear cutting and clearing of forest and execution of forest works without registration and/or licence, the inspector shall file an indictment to the appropriate local Misdemeanour Court and the deadline for the execution of the ordered measures for the rehabilitation of the forest area will be monitored.” At the first glance, this solution seems ideal - the cutting was suspended and forestation was ordered. But, reading carefully the response, we have come to the following conclusions: The owner of the forest committed a crime involving the devastation of forests assuming the makers of the amendments to GUP Sesvete will accept his proposal for the conversion of the parcel. Forestry inspector does not submit a proposal for criminal but misdemeanour proceedings. All the works were carried out in a very short time. By further investigation, we discovered that the last public debate on amendments to GUP Sesvete was held precisely in April. Given the fact that the owner of the parcel was chosen in the Neighbourhoods Council, we sent a preventive proposal or request not to re-zone the said parcel from Z2 into a building parcel to the makers of the amendments to GUP Sesvete. During July, there was a repeated public debate, and the proposed amendments to GUP Sesvete still have a mark of Z2 zone on the said parcel. We hope it will remain so.