Forests Act (Chapter 60:01)

FORESTS ACT CHAPTER 60:01 Act 250fl958 Amended by 12ofl990 Current Authorised Pages Pages Authorised (inclusive) by L.RD. 1-42 111991 L.R.O.1tl991 2 Chap. 60:01 Forests Index of Subsidiary Legislation Forest Reserve (Northern Forest) Order. Stewart HallCatchment Area (protected Forest) Order. Stewart Hall Water Catchment Rules. Forest Rules. Page 14 16 18 23 rorests CHAPTER 60:01 FORESTS ACT ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title. 2. loterpretation. Chap. bU:Ul PART II FOREST RESERVE AND PROTECTED FOREST 3. Proclamation of forest reserves. 4. Proclamation of protected forest. 5. Power to make rules applicableto protected forest. 6. Power to enter and carry out works, 7. Liability of occupier or owner of protected forest for any breach of rules. 8. Compensation when lands are proclaimed protected forest. 9. Voluntary protection. PART III POWERS OF THE DIRECTOR 10. Powers to issue licences and permits. 11. Sale by auction. 12. Exclusive licence. PART IV POWER TO MAKE RULES 13. Power to make rules. Penalties. L.R.O.1I1991 4 Chap. 6O:Ul SECTION rorests PARTY POWERSOFFORESTO~CERS 14. Powers of interrogation, search, seizure, and arrest. 15. Arrested person to be taken before Magistrate without delay. 16. Penalty for assaulting or obstructing. 17. Authority to compound offences. PARTYI GENERAL 18. Amount ofdamage may be assessed and recovered in addition to penalty. Offence committed by agent or servant. 19. Recovery of penalties. Right of forest officer to conduct case. 20. Presumption as to ownership of produce or land. rorests CHAPTER 60:01 FORESTS ACT Chap. 60:01 AN ACT to make provision for the conservation and control of 1961 Ed. forests. ~~f~5g. [6th August 1959] PART I PRELIMINARY 1. This Act may be cited as the FORESTS ACT. 2. In this Act "Court" means Magistrate's Court; "State land" includes (a) the waste or vacant land of the State within the State; and (b) all lands vested in Government whether by forfeiture, escheat, purchase or exchange; "Director" means the Director of Forestry and Wildlife; "forestofficer" includesforest supervisors, forest rangers, forest guards and any other persons appointed to exercise any or all of the powers vested in a forest officer under this Act; "forest offence" means any offence punishable under this Act; "forest reserve" means any area declared by the President by Notice in the Gazette to be a forest reserve; "forest produce" includes (a) the following when found in or brought from any forest reserve, State land, or protected forest, that is to say, trees, timber, firewood, branches, poles, bamboos, leaves, flow ers, fruits, seeds, roots, bark, charcoal, creepers, fibres, plants, gums, oils, resins, sap, rubber, honey, wax, humus, earth; Commencement. Shorttitle. Interpretation. L.R.O. J!l99J Chap. 60:01 rorests Proclamation of forest reserves. [l2ofl990]. Proclamation of protected forest. (b) such things found in or brought from any forest reserve, State land, or protected forest orany other places in the State as the President may by Notice in the Gazette declare to be forest produce. "livestock" includes cattle, horses, mules, asses, goats, sheep, pigs and such other animals as the President by Notice in the Gazette may declare to be livestock. "private land" means any land the freehold or leasehold of which is vested in any person, family, company, corporation or religious body; "prohibited area" is any area within a forest reserve, State land, or protected forest into which entry is forbidden when this is necessary for any of the purposes of this Act; "protected forest" means any area of private land declared by the President by Notice in the Gazette to be a protected forest; "remnant" includes parts oftrees that have fallen ofwhich some part has already been worked or destroyed by fire or otherwise; "timber" includes trees and bushes whether standing, fallen or felled, stumps of trees, and any wood whether sawn, split, hewn or otherwise fashioned. PART II FOREST RESERVE AND PROTECTED FOREST 3. (I) The President may by Order declare any area of State land to be forest reserve. Every forest reserve shall be surveyed and a description of the boundaries giving bearings and distances shall be published in the Order. (2) No land shall be granted, devised or sold within a forest reserve. 4. The President may by Order declare any private land to be protected forest wheneverin his opinion this appears to be necessary for any of the following purposes: (a) for protection against storms, winds, rolling stones, floods and landslides; (b) for the prevention of soil erosion and landslide or the formationof ravinesandtorrents, andof thedepositofmud, stones, and sand, upon agricultural land; (c) for the prevention of wastageof resourcesoftimber and for securing the proper management of timber lands; (d) for the maintenance of water supplies in springs, rivers, canals and reservoirs; (e) for the protection of roads, bridges, airstrips and other lines of communication; if) for the preservation of health. 5. When any area of private land is declared to be protected forest Power to make the President shall, by Order,make Rules to regulate or prohibit within ~U~%t:~~cable any such protected forest - forest. (a) the falling, cutting, lopping andburning of, or anyinjury to, any trees or timber; (b) the breaking up or clearing of lands for cultivation; (c) the pasturing or straying of livestock; (d) the setting of fire; and (e) any other actwhich appearsto beprejudicial to thepurposes set out in section 4. 6. (1) Any forest officer may enter any area declared to be Pcwer to enter t d ~ ime without noti d h and carry outprotec e rorest at any tune Wl out notice, an carry out sue surveys works. or works, as the President may in writing direct, in connection with the purposes set out in section 4. (2) Upon any private land being declared a protected forest the Director shallcause the area to be markedout andkept defined andshall have right of access for this purpose as hereinbefore provided. 7. If, after the first publication of any Order declaring any land to Liability of be d ~ .. d occupieror protecte torest, any act IS committed contrary to the Rules rna e by owner of the President for the regulation thereof, and the act is proved to the protected forest satisfaction of the Magistrate to have been committed subsequentto the for any breach of date ofthe publication, the act shall bepresumed to have been commit rules. ted by the owner or occupier of the land, unless he proves to the L.R.O.1Il991 l,;nap. I>U:Ul r orests Compensation whenlandsare proclaimed protectedforesL Voluntary protection. satisfactionof theMagistratethathehas inno waycontributed, directly or indirectly,to the commissionof the act andthathe withall diligence has givensuchinformationor evidenceasmaylead to the discoveryof the offender;but theownerof anylanddeclaredto be a protectedforest mayin writingrequestthe Directortosupervise andmanagethelandon his behalf; and from and after the taking in charge of the land by the Directorthe foregoing provisions of this sectionshallcease to applyto the owner or occupierof the land. 8. (1) When the owner of any land declared to be a protected forest,claimsthatheoughttobe pecuniarilycompensatedin relationto the constitutionof the protectedforest,he shallwithinthree monthsof the Order lodge at the Ministryof Trade a statementof his claim with full particularsof his estimatedloss. (2) On the claim being lodged the President shall appoint a Forestry Board consisting of (a) the Director; (b) such person as the claimantmay nominate; and (c) such other person, as may be agreed upon by the President and the claimant, to be Chairman of the Board. (3) TheBoardshallheartheclaimantandconsiderhisclaimand make recommendations to the President. If the Board is not satisfied thatthe ownercanbeadequately compensatedbythegrantingofspecial permitsor by the makingof special regulations with regardto the land declaredtobe a protectedforest, theyshall recommend asumofmoney tobepaidascompensationandthePresidentmayinstructtheAccountant Generaltopaysuchsumofmoneyfromthe generalrevenueoftheState as compensationto the ownerof the land. 9. (1) Theownerof anylandmay,withaviewto the formation or conservationofforest thereonor the conservation ofnatural resources, represent in writingto the Directorhis desire (a) that thelandbe supervisedormanagedonhis behalfby theDirectorinsuchmannerasmaybeagreedupon;and (b) thatanyoralloftheprovisions ofthis ActorRulesmade thereunderbe appliedto the land. (2) In suchcasethe Presidentmay by Orderapply to the land Forests Chap. 60:01 9 suchprovisions ofthisActorRulesmadethereunderashemayconsider suitableto thecircumstances andasmaybedesired andasagreed upon by the applicant. PARTlll POWERS OFTHEDIRECTOR 10. TheDirectormay from timetotimeissuelicences orpermits for Powers to issue anypurposeforwhichalicenceorpermitis requiredunderthisActand licen:- and may revoke,cancel, suspend or curtail such licences or permits. No penm . rightof any kind whatsoever shall be exercised or acquired in or over any forest reserve except under a licence or permit issued by the Directorandsubjectto suchtermsandconditions as the Director may think fit to impose. 11. TheDirectormay dispose offorestproduce byauctionortender Sale by auction. or otherwise. 12. The Director mayoffer to publictenderthe exclusive right to Exclusive take timberor other forestproduce from any areaof forest reserve or licence. from any area of land upon which the Government has any right to timberor other forest produce, for suchperiod andundersuchcondi tions as may be approved by the President. PARTIV POWER TOMAKE RULES 13. (1) ThePresident mayfrom timeto timemakeRules for all or Power to make anyof the following purposes: roles. (a) prohibiting orregulatingthefelling, cuning,damaging, taking, working, burning, or sale of timberand other forest produce from forest reserves, andStatelands; (b) prescribing thefeesandroyalties payable ontimberand otherforestproduce; (c) prescribingthepurposes forwhichlicences andpermits are required; prohibiting thecounterfeiting, alteration, or obliteration of licences and permits; providing for the termination, revocation, andforfeiture of licences, andrequiring theholders oflicencesto keepbooks and L.R.O.1Jl991 10 Chap. 60:01 Forests Penalties. Powers of interrogation, search, seizure, andarrest. torenderreturnsandaccountsandtosubmittheirbooks for inspection; (d) prohibiting or regulating thetransportby land or water of timber and other forest producein transit; (e) prohibitingorregulating cultivation, residing, camping, squatting,orbuildingin forestreserveor on Stateland; (f) prohibiting or regulatingany such acts or omissionsas arelikelyto endangerforestreserveorStatelandby fire or otherwise; (g) controllingthe entryof personsor livestockinto forest reserveor State land; (h) prohibiting or regulating the marking of timber and forestproduceandthemanufacture, useandpossession of timbermarkinginstruments; (i) providing for the protection of boundary marks and surveymarks surrounding and within forest reserve; (j) providingfor the seizure,confiscation and disposal of any forest producetaken, sold or possessedin contra ventionof thisActorofanytools,implements, marking instruments, vehicles, or livestockby means of which any offence against this Act has been committed; (k) prohibiting or regulating hunting and fishing in forest reserveand on State land; (l) generally for the better carryingout of the purposesof this Act. (2) AnyRules madeunder this Actmay imposefor the breach thereofafineofonethousandfivehundreddollarsandimprisonmentfor six months. PART V POWERSOFFORESTOFACERS 14. A forest officeror police officer is hereby empowered (a) to interrogate any person found in possession of forest produce; Forests Chap. 60:01 11 (b) tocalluponanypersoncommittingorreasonably suspected by the officer of having committed an act for which a licence, permitor pass is required by this Act, to produce suchlicence, permitor pass; (c) whenever he reasonably suspects any person of having committed an offence against this Act or of being in possession offorest produce in respect of whichanoffence against this Act has been committed, to searchthe person and property of such personor any property in such per son's possession or control; (d) to seizeanddetainanyforest produce which he reasonably suspects ofhavingbeenobtained or removed in contraven tion of this Act; (e) to seize and detain any property which he reasonably suspects has been used in committing an offence against this Act; (f) to arrestanypersonreasonably suspected by him of being concernedin acontravention ofthisActwhorefuses togive hisnameandaddress or gives anameandaddress believed by theofficerto be falseor whois, in theofficer's opinion, liableto abscond. 15. Everypersonmaking anarrestundersection 14(f)shall, without Arrested person • to be taken before unnecessary delay.takeorsendthepersonarrestedbeforeaMagistrate, Magistrate or the officer or non-commissioned officer in charge of the nearest without delay. policestation, to be dealt withaccording to law. 16 An . ~b. Ypersonwhoassaults orobstructs anyforest officerorpolice assaulting or officeror anypersonacting in his aidor assistance in the execution of obstructing. anydutyunderthisActis liableto a fineof threethousand dollars and to imprisonment for six months. 17. (1) Whenany personis reasonably suspected of havingcom- Authority to mitted any offence against this Act, the Director may compound the :C::::;:'U;d offenceby accepting onbehalfofGovemment from suchpersona sum [12 of 1990]. of moneynot exceeding fivehundred dollars by wayof compensation for the offence whichsuchpersonis suspected of havingcommitted; and when any property has been seized as liable to confiscation, to release the sameon paymentof the valuethereofasestimated by such officer. L.R.O.111991 12 Chap. 60:01 Forests Amount of damagemay be assessed and recovered in addition to penalty. Offence cornmiued by agent or servant. Recovery of penalties. Right of forest officer to conductcase. (2) On paymentofthesumofmoney orthevalue,orboth,asthe casemaybe,thesuspectedperson, if incustody, shallbedischarged, the property (if any) seizedshallbe released, and no funher proceedings shallbetakenagainst suchpersonorproperty inrespectofthesuspected offence. (3) Allmoneys receivedunderthissectionshallbepaidintothe Treasury. PARTYI GENERAL 18. (1) Whenany offenderhas beenconvicted of a forest offence theCoun mayin addition to anyotherpenalty assess the amount of any damagewhichmayhavebeencausedbytheoffenderandcausethesame to be recovered in like manner as if it were a fine or in the case of unauthorised establishments, buildings, enclosures, huts, or standing cropswithin aforest reserve oron Stateland,mayordertheremoval of the samewithin suchperiodas maybe fixedandthe restoration of the places to their previous conditions, and if the removal has not been effected within the period fixed as aforesaid all the establishments, buildings, enclosures, huts,or standing cropsshallbecome theproperty of the Government and may be disposed of by the Director in such manneras he mayconsiderproper. (2) If anyone convicted of a forest offence is found to be the agent or servantof another personthe Magistrate mayhear the other person,andunless heis satisfied thatthecommission oftheoffence was not a consequence of theotherperson's instigation, neglect or default, order the otherpersonto pay the amount of anydamage assessed. 19. (1) Any offence under this Act may be prosecuted and any penalty incurred may be imposed or recovered on the complaint of a forestofficeror member of the policeservice. (2) All suchcomplaints may be made at any time withintwo yearsfrom the time whenthe matterof complaint arose. (3) When any forest officer makes a complaint against any person, anyotherforest officermayappearbefore theMagistrate who is tryingorinquiring intothematterof thecomplaint. andshallhavethe sameprivileges asto addressing theMagistrate andasto examining the witoesses adduced in the matter as the forest officer who made the complaint would havehad. Forests Chap. 60:01 13 20. When in any proceedings taken under this Act or in conse- Presumption a. 10 quence ofanything doneunderthis Act, a question arisesasto whether ::~::r~~d. anytreeor forest produceis theproperty oftheGovernment, orwhether any land is Government land, the tree or forest produce shall be presumed to be the property of the Government, and the land shallbe deemed to be Government land untilthe contrary is proved. L.R.O.1I1991