Clearing forested land – the need for a permit

The document outlines five essential requirements for a legal framework regulating forest clearance: unambiguous permits, environmental and social evaluations, explicit application timelines, protection of community and indigenous rights, and strong enforcement. It highlights risks such as the use of clearance permits as loopholes for illegal timber harvesting and the conflict between sectoral laws, providing case studies from Liberia, the Republic of Congo, Brazil, and Viet Nam to illustrate these legal failures.

• A forest clearance permit is distinct from a logging permit because it allows for the clear-cutting of an entire forest area rather than selective logging, making it a primary driver of forest loss.
• Lack of legal clarity regarding clearance permits can lead to companies using them as loopholes to harvest high-value timber without actually developing the land for its intended agricultural or infrastructure purpose.
• Incoherent sectoral laws can result in other land uses, such as mining, being prioritised over forest conservation, particularly when mining authorities can authorise clearing without consulting forestry administrations.
• Failure to consult local communities and indigenous peoples during the permit process can lead to land-use conflicts and a loss of livelihood for those who depend on forests for timber or non-timber products.
• Without dissuasive penalties and strong enforcement, there is little incentive for entities to apply for permits or follow clearance rules, which can lead to illegal logging outside of permitted areas.
• The document identifies five essential requirements for law-makers: unambiguous permits, environmental and social evaluations, explicit application timing, upholding the rights of local and indigenous peoples, and strong enforcement with dissuasive penalties.

APA

ClientEarth (2018). Clearing forested land – the need for a permit. https://www.clientearth.org/media/p4xfgrpl/legal-toolkit-on-forest-conversion-factsheet-2-clearing-forested-land-the-need-for-a-permit-ce-en.pdf

Chicago

ClientEarth. Clearing forested land – the need for a permit. 2018. https://www.clientearth.org/media/p4xfgrpl/legal-toolkit-on-forest-conversion-factsheet-2-clearing-forested-land-the-need-for-a-permit-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Clearing forested land – the need for a permit |date=2018 |url=https://www.clientearth.org/media/p4xfgrpl/legal-toolkit-on-forest-conversion-factsheet-2-clearing-forested-land-the-need-for-a-permit-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2018clearing, author = {{ClientEarth}}, title = {{Clearing forested land – the need for a permit}}, institution = {ClientEarth}, year = {2018}, url = {https://www.clientearth.org/media/p4xfgrpl/legal-toolkit-on-forest-conversion-factsheet-2-clearing-forested-land-the-need-for-a-permit-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }