Private Forests (Conservation) Act

BELIZE PRIVATE FORESTS (CONSERVATION) ACT CHAPTER 217 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 PRIVATE FORESTS (CONSERVATION) ACT 3 Amendments in force as at 31st December, 2000. BELIZE PRIVATE FORESTS (CONSERVATION) ACT CHAPTER 217 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 PRIVATE FORESTS (CONSERVATION) ACT 3 Amendments in force as at 31st December, 2000. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Private Forests (Conservation) [CAP. 217 [ ] 3 CHAPTER 217 PRIVATE FORESTS (CONSERVATION) ARRANGEMENT OF SECTIONS 1 . Short title. 2. Interpretation. 3. Restriction on felling. 4. Mode of dealing with application. 5. Entry on land. 6. Seizure and forfeiture of trees. 7. Disposal of forfeited trees. 8. Penalty. 9. Offence punishable on summary conviction. CHAPTER 217 PRIVATE FORESTS (CONSERVATION) [1st December, 1945] 1. This Act may be cited as the Private Forests (Conservation) Act. 2. In this Act, unless the context otherwise requires: “fell” includes girdle, lop, burn, injure or remove; Ch. 117 R.L., 1958. CAP. 179, R.E. 1980-1990. 40 of 1963. S.I. 16 of 1965. Short title. Interpretation. Private Forests (Conservation)CAP. 217] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [ ] “land” means any land other than Crown land; “owner” includes the person who is receiving or entitled to receive the rents and profits of any land, whether on his own account or on behalf of himself and others, or as agent or trustee, or who would so receive the rents and profits or be entitled to receive them if the land were leased, or any person having the possession or control of the land; “tree” means a mahogany or cedar tree of any age, dead or alive, and a seed ling, sapling or reshoot of any part of a mahogany or cedar tree. 3. Notwithstanding anything contained in the Forests Act, no person shall fell, or cause to be felled, any tree on any land in Belize unless— (a) an application has been made to the Chief Forest Officer by the owner or by the person authorised by him to do the felling stating the type and location of the forest and the minimum girth of any tree to be felled; and (b) a permit authorising the felling has been obtained from the Chief Forest Officer: Provided that no such application or permission shall be necessary to fell trees under two feet girth measured at one foot above the buttresses during the clearance of land for agriculture but no tree so felled may be sold as timber without a permit from the Chief Forest Officer. 4.-(1) Within thirty days of the receipt of the application mentioned in section 3, a reply shall be sent to the applicant by the Chief Forest Officer. (2) Such reply shall be accompanied by either (a) a permit authorising, subject to the conditions therein stated, the felling; or Restriction on felling. CAP. 213. Mode of dealing with application. S.I. 16 of 1965. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Private Forests (Conservation) [CAP. 217 [ ] 5 (b) a statement that no tree may be felled. (3) Any applicant whose application is refused, or any applicant who may feel aggrieved by the conditions imposed by the Chief Forest Officer, may appeal to the Minister whose decision in the matter shall be final. 5. The Chief Forest Officer or any forest officer, as defined in the Forests Act, or any person authorised in writing by the Chief Forest Officer may enter upon any land in respect of which a permit to fell trees has been granted under this Act to ascertain whether the conditions of such permit are being fulfilled. 6. The Chief Forest Officer or a forest officer or a police officer who finds any tree which he reasonably suspects to have been felled without a permit, or in contravention of any condition of a permit granted under this Act, may seize such tree and it shall be forfeited to the Crown. 7. Any tree forfeited under this Act shall be sold or otherwise disposed of as the Minister may direct. 8. Every person who fells or causes to be felled any tree in contravention of any of the provisions of this Act, or any condition of a permit granted under this Act, shall be liable for each tree so felled to a fine not exceeding one hun dred dollars or to imprisonment for a term not exceeding six months, or to both such fine and term of imprisonment. 9. All offences against this Act shall be punishable on summary convic tion on information which shall be laid by the Chief Forest Officer or by any person authorised by him in writing within two years after the offence was committed. Entry on land. CAP. 213. Seizure and forfeiture of trees. Disposal of forfeited tree. 40 of 1963. Penalty. Offences punish able on summary conviction.