Forest Protection Decree, 1974

fOR&ST PROTECTION DECREE, 1,74 IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972 this. Decree is hereby made: J. (l) Any person who in a Forest Reserve without th1~ writli.';n Forl/$1 .:wthority of tht competent forest a11tho11ty- nffonoo.i. (a) fells, uprocts, lops, girdles, taps, injures by fire or otherwiE@ damages any ttcc or timber; (b) makes or cultivates any fann or erects any building; (c) sets fire to any grass or lterhage, or kindles a fire without taking due precaution to prevent its l'\pread; (d) makes or Hghts a tire contrary to any 01de:r of the Chief Conservatot of Forests; (e) causes any damage by negligence in fe:Uing any tree or cutting or removing any timb01 ; (f) in any way obstructs the channel of any river, stream. canal or C1eek; (g) hunts, shoots, fishe~ 1 poisons water or sets traps or snares: (h) subjects to any manufacturing process, collects, conveys or removes any forest produce; (i) pastures cattle or ponnit!I any oattlo to trespass, stm.U lJ(; l;!:Uitty 1Jf un vffi;;uur.i: um1 liablci vn sunuuary convfctlon to a tinu not exceeding IJ;'.'C(J00.00 or to imprisonment not oxceedfag five years or to both: l'l'ovided that for a. second or subsequent offence under this 11CCtiu11 iLl1 oll'cndor sh1dl be liable on summary conviction to a :fine not e~ g is,000.00 ot \\) \m~d.ronm.ent fl.O\ e-.,.~ i ten )leari or to bolh. , (2) A pe1son convicted of an offence under subliection (1) (a) or (l) (/z) of tbls section shaH, In uddJtJon to any other punishmeltt imposed under this section, be Jiahlei to pay to the Commissioner resp0nsible for Lands twi(;o:, the commercial value of each tree or of the timber or forest produce which is the si,1.bject .. matter of the 1'\ffence. (3) A pers"n convicted of a,1 offence undm this SIJ<tion shall, ill addition to any other punishment imposed undet this section, he liablo to pay to the person whose rights have beetl infringed such. c.omren~.tion as the court may direct. (4) Nothing contained in this section shall prohibit the exercise in a Forest Reserve by any person of any right which under the For<lSIS Ordinance (Cap. 157) for tho time being is, or is treated as. 11n admitted right. ,N..ll..C.D. 243. 2 ,Olltuc~ "'"""' t<, marks, IJ~tllisto:-nl af.femdeu:'tl m 1,e bal\lled, '1'0RFS'/' PROJ'J-:ertON l>PX,'RHE, 1974 2. An;,i person who •·· (a) knowingly counterfeit~ or fraudulently u~os upon any timber m· i;tandinp; treo a tmuk used by For~~t Officer~ or any registered 1,roperty mark to indicate th<lt. such timbc, ot tree is the pl'opcrty of some person; or (b) withl>Ut the writt(!-11 permission of a Forest Olficc1 nltct's, defaces. 01· ,,blitcri1tcs. any tn<'!rk tilaced 011 a 1 r('<! or on timber: or (c) alters; movef., d~:.troy!. or defaces a11y boundary marl of any forest Rcwrvl!. shall bu guilty uf au uffumm amJ liabh.: uu imnmmry umviction lO a llnc not exceeding Sl'l,000.00 or to imprisonment Jt;,:,t exceeding Hvc ycalS or to both: Provided. thu1- for a st\:Olld or s1•bscqucnt offence under thh Sl.>ctlon an otrc-ru.u.•1· shall M !!able on .~ummary conviction ro a tine not exooodii;g ~5.000,00 or tu imprisonment not oxeecding ten year, or to both. 3. (I) Any person who has been convicted three times of an 0Jfe11cc under this Decree shall be deemed to be prohibited from owning. opcmting or participating in ;my timber business or timber i;:onccssion, and all permits and property marks held by him under· any enactment relating: to forests, trees, or timber shall be deemed w be forfeited. (2) Any pel'son who contl'avenes a prohibition impoSed oil him by :mhsectlon (I) of lhis sectim1 shall he guilty of ~n offence and linble on conviction to imprisonment not exceeding ten year, wm1ou1 me opllon l'ff n fine. 4. (l) Ewry Fmusl Officer :-ihull l.ik~• all nu(c::;~ary ~tcps to pn:vcnt thr commission of an offence under this Decree. 1z1 wnerc me commrns10Mr rcspo11s1D1c tor Lanas g satiShed ttw.t any Forest Officer has aided, condoned or connived at thQ commission of any offence undct this Decree. he may 0rdc,· that such ror..:~-t Officer be sommari\y dismissed, Aro.ISi :wcl 5. (1) Any Forest Offkei mi~y arrest without w11rrnnt any r,Jrso11 $el1.ur,:;. whom he reasonably suspects to have committed or to have- been co11c:erned in any offence under this Decroo, if such porson · fails tn give his name and addres~ or gives a name or address which i:. believed to he ffllse, or if there is rca~on to bdicvc that he mav abscond. (2) A pct'son arl'csted under this section shall within forty eight ho\lr:- be brought before- a Magh,trnto. if not soo11.:1 rde-ascd. J N,l!,C,D, 243. l0/<BS1' PROTECTION JJt:CR.t:t:. 19N (3) Where there is reason to believe that an oll'cnr.:c- ha~ be1:n c-0111mit1ed tmdcr this Decree, any Fon•st OflicN' may sri,,c all tOrc~t p1•,;,,,dvce ta which th,;-, oO'ett.ce ,r,;,hte~ t,;,.e;<:!'thPr with !!II lndr!1 ments, vehicles and other articles suspected ttl h:1ve been used m committing the offence. (4) A Forest Officer who soizes t1ny1hilig under this section ,hi1II plttr:ot>- th"!'re-"ln ri m11rk in.dir<;1ting thnt it hn-: J,,Mn 1,1,,b,•d !lnd !>haH report the sdzure to the C'ommissloncr responsible for Lands. 6. (I) A ~ourt which convicts any person of an offence under this Decree slmll ordor that all forest produ..:c. im.trumcnts, V\:hidcs and other articles itt. respect of which or by means of which the offence was committed (including anything seized under section 5) shall be forfeited to the Republic. (2) Anv vehicle or othe1 article which is :;oiz:cd under :,cctivn 5 :1nd whos0 Owner oannot ho ancarlained nhall, aflor the ,;:,~pirn.tWn of fou1 leen days from the date of scizuie, he deomcd to he forfcitcd LO the RepuMic. (3) A vehicle ut other arLiclc which is s;ciZL'<l und~•r section 5 and whose owner ha~ h~tm n-,:cert:-,inl:"d ~trnO, ir nn pnl~,~cutinn"'i..; brough1 llt\dt'I' this Deci:ee, be rt'3tot~d tc it,;, O\\l\\e.r. (4.1 Anything which is forfeited to the Republic tmdc1 this $1..X-tion may be sold er otherwise displ)rod of bf the Commissioner responsible for Lands. and the proceeds applied tm forest rehabilita tion; Provided that where a vehicle is forfeited, and the Commissioner is satisfied that the o\ cr was in no way implic.itcd in !he olfoncc. the Commissioner may restore the vehicle to such owner. 7. The burd~n of proof thnt auy fotcst produce has not 1~ecn tu.ken in contrnvention of this Decree shnll lie- upnn the pcn,on in who-;c possession it i~ found, 8. tO Every person wllO exercises any righl in or if. pi.;111ilncd w take ~n)' forest produce from a Forel'.\ Reserve, and every peti-◊n who 1s employed in a Forcsl RcRCrvc, shall he bound to ~ive to ,my Forest Officer without delay any infonnation he may have regarding the commi.~~ion ot intended commill\:ion of unv offence \1nder thi~ Decree. and shall assist any such officer•- · (a) to extinguish any fire in the Reserve: ., (h) to prevent any fire occurring nearby from spreading to the Reserve: (c) to prevent the commission of any offence under this Decree, aud tel uss(st in discovering any offonde1·. (2) Any person who contravenes subsection (1) shall be guilty of an oifenco m1d linblc on convicdon to a One not exceeding ~50.00. Burden i)t' rm1(lf, Pei sons m'l\l.n\\ l\) assist Fm,.;-;t 0011.•111~. N.R.C.D. 243. 4 Imkmnity fot acts done in 11001! fnith. lntcrpreta• lion. i·VREST rROTECTJON DECREE, 1974 9. No action shall lie against any person in respect of any act done by him in good faith in lhc execution or intended execution of his powers or duties unde1· this Decree. 10. [n this Decree, unless the context otherwise requires: "cattle" include~ cows, ~heep, goats, pigs and horses; "fol'cst produce, . inc1uac,:, the following, if fmmd in. or brought frum a Fore!>l Rt:sl!rve: (a) timber, charcoal, rubbe1, wood, oil, resin .:and natural varnish; (h) treos1 plants, leaves, flowers ,rnd fruit, and all vllltn pans ,uul prollul,e or Lrcc:,; m11J plants; (c) wild animals and birds and their skit1s. and all other parts and produce of wild animals and birds; (,() e-e..gs, snails, (;rabs, fish, :silk, honey and wax; (e) peat, surface soi11 and minerals other than minerals within the meaning of any enactment regu\ating tho working of minera\s; '' FQft,$L RC$Crvc" mcan:o; 4 Pu1u1,L Rc:.c1v1;: \;IJlt~l.iLut~I under seotion 17 of the Forests Ordinance (Cap. 157); " timber., includes trees when they have fallen or have been felted, and all wood, whether it has been cut up or fashione<l or hollowed out for aoy purposo or not: " tree " includes palms, bamboos, stumps, brushwood and canes. 11. The following enactments are hereby repeatcd: SOOtions 22 to 33 or the l•'orests Ordinance (Cap, l57J 1• Forest Offences (Compounding of Finos) Act, !959(No. 83) Fore,t Offences (Compounding of Fines) (Amendmenl)Act. 1962 (Act 99) Section 16 (11) of the Concessions Act, 1962 (Act 124). Made this 12th day of February, 1974. CoL.ONEL J. K. ACHEAMPONG Chairman of the National Retkmptlon Council Date of Gautte notification: 22nd Pebroa,y, 1974. PRIN'.mn BY 'l'Km GII.Ai{#t. PUBl,lSffl.RG CQ"B.PQ\U.'nON ~l'l\l'l'l"tlNO UlVl21,()N; ACCRA·TlWA, GHANA