Forest (Removal of Timber and Property marks) Regulations 1938

FORESTS THE FOREST ACT REGULATIONS saved by section 40 of Act 17 of 1996 (made under seotiori 16 of rhe Forest Act, 1937) THE FOREST (REMOVAL OF TIMBER AND PROPERTY MARIC) R EGULATIONS, 1938 (Made by the Governor in Privy Council on the 18th day of October, G.N. 1011138 1938) A md: L.N. 39/ 43 1. These Regulations may be cited as the Forest (Removal of Timber and Pro perty Mark) Regulations, 1938. 2. In these Regulations "scheduled timber" means and includes any timber cut from any tree or trees of the kind mentioned in the First FiNt S h d 1 Schedule . c e u e. Removal of Timber 3. No person shall convey or remove any scheduled timber along any public or parochial road or along any track or path or by railway unless the person in charge of such timber has a written pass from the owner or occupier of the land from which the scheduled timber was cut. 4. The pass mentioned in regulation 3 shall contain (a) the name and the address of the owner or occupier of the land on which the scheduled timber was cut: (b) the name and address of the person authorized to move the scheduled timber; (c) the quantity and kind of scheduled timber which is authorized to be moved; (d) the date on which the pass was issued ; (e) the signature of the person issuing the pass. S. When the scheduled timber has been cut on Crown lands tbe pass musl be issued by a forest officer in the form specified in the Second Schedule and every pass so issued must be returned to the officer who issued it within seven days of the date of expiry noted on the pass. rrhe lnclusfon of tbh page b authorized by L.N. 73/ 19991 Second Schedule. 5 6 THE FOREST (REMOVAL OF TIMBER AND PROPERTY MARK) REGULATIONS, 1938 6. It shaU be lawful for any forest officer or member of the Jamaica Constabulary, to stop any person found in possession or in control of scheduled timber on any public or parochial road or on any track or path or in any public place and to require such person to produce for inspec1ion the pass for the scheduled timber in his possession or control, and if such person fails to produce the appropriate pass or to satisfactorily account for its absence, the forest officer or member of the Jamaica Constabulary may detain and mark the scheduled timber, and report the circumsumces to the nearest police station or to the Clerk of the Resident Magistrate's Court of the parish in which the scheduled timber is detained. Property Marks 7. Any owner or occupier of a property may submit to the Conserva­ tOI of Forests a specimen of a design to be registered as the mark which he proposes to use on his scheduled timber, and the design when registered shall so long as its registration is in force, be the registered property mark of the person at whose request it was registered (here• inafter called "the registered proprietor") and any person other than the registered proprietor using that mark or design or any colourable imitation thereof shall be guilty of an offence against these Regula­ tions. 8. Toe Conservator of Forests may refuse to register any design if, in his opinion, it resembles a registered mark or the mark used by forest officers, or if in his opinion it is not desirable to register it. 9. A registered design or mark shall be used exclusively by the registered proprietor from t.be date of registration until the thirty­ first day of December next following, but it shall be lawful for the Conservator of Forests in his discretion to renew its registration from time to time. 10. A registered proprietor shall use no other mark but his regis­ tered mark or design oo his scheduled timber, so long as the registra­ tion of his mark or design is in force. 11. The Conservator of F orests may. after due notice to a regis­ tered proprietor, enquire into any charge or charges relating to a registered trade mark or the use thereof and if he is satisfied that it is desirable to do so the Conservator of Forests may order the can (The incluiion of this page is ~ulhorized by L.N. 73/ 19991 THE FORESTS (REMOVAL OF TIMBER AND PROPERTY MARK) REGULATIONS, 1938 cellation of a registered design or mark. After a registered mark or design has been. cancelled it shall be unlawful for anyone to use that mark or a colourable imitation thereof. The Conservator of Forests may, in his descretion, subsequently grant a renewaJ of registration in respect of a cancelled mark or design. 12. The design of a registered property mark may be borne by one or more hammers. When the design of such property mark is borne by more than one hammer. ea.;h hammer after the first shall bear. in addition to the registered mark, a serial number beginning with two. to denote that it forms one of a series of hammers registered as the same mark. 13. Every renewal of the registration of a property mark shall corn• mence from the date of expiry of the original registration or of the last subsequent renewal of such registration. 14. The Conservator of Forests on registering a property mark shall grant to the owner thereof a certificate in the form set out in the Third Schedule. A copy of such certificate of registration shall be published in the Gazette. 15. Any person who (a) marks any standing tree or any timber on Crown Jand with a marking hammer or other implement for impressing marks on timber other than a property mark duly registered under these Regularioos, the registration of which has not expired; or (b) impresses any property mark on any tree or timber on Crown land save under the authority in writing of a duly authorized forest officer, shall be guilty of an offence under these Regulations. LThe inclmiao of. this page is wthorizcd by L.N. ◄ / 1976) Thlrd Schedule. 7 8 THE FORESTS (REMOVAL OF TIMBER. AND PROPERTY MARK) REGULA TIONS, 1938 FIRST SnlEDULE (Regulation 2) Local name Botanical name Brai.iletto Pcltophorum 13rasiliense Broadkaf Terminalia latifolia Bitter Damsel Simaruba glauca BuUe1wood Dipholis spp. i\·l imusops spp. Cedar Cccl re la Odorata Cashaw Prosopis juliflora Dogwood Pi,c idia ervthrina Fitldlewood Pctitia domingensis Gold Spoon Anttrrhoea jamaicensis GFcenheart Sh,:in.::a iamaicensis Iroawood Tu; pcn li:1 occidentalis Juniper Juniperus Barbadeosis Ltncewood ( Oxandra 1anceolata l Oxantlra laurifolia Mahoe Hibuscus t:larus Mahogany Swietenia Mahogani Mountain Guava P, idium montanum Rose~ood Zaothoxylurn thodoxylon Sandalwood Amyris L!alsamifera S.1nta Maria Galophy\lum jacquinii S:apadilla Mimusops eiccisa Satinwood Zantho.wlum fiavum Sha<lbark Pithecolobium a!exantlrii Spanish Elm Cordia gerascauthoides Wild Prune Pnmus occidentalis Wild Tamarind Pithecolobiurn arboreum Ya= Podocarpus urbanii Yellow Sanders lluehenavia c-apitata YQkewood Catalpa longissima SECOND ScHEDULE (Regulation S). REMOVAL PER.¼IT No ...... ... . ....... ............ .. . . . .. . . . Permission is hereby granted to .. . .. .. . . .. .. .. , ... ..... . .... .. ... ... ... . ............. .. ... . . of. . . . ... , .... ... . ....... . ...... to remove from Crown lands at.. . ...... . .................. . Forest Reserve .. ... .. .. ..... . . .............. . .. .. . ... ...... . .. . . to . . ..... . .. ... .. . ... ... ............. .. . , ......... ..... . . the following timber Reference. Species .... . .. . ... ........ .. ....... . , .. . ... ........ ..... . 1'-1arks ..... ..... .. .. . .. ... ..... ... . . .. .................. . . No. of pieces and dimensions ............ .. .... . .. . Licence No .. .. ... ..... .. ....... .. .. ..... . Serial No. of trees Inspected by D ate of issue.... . . . . . .... .. .. . ... . . . Date of expiry ... . .... ..... . . . . . . . . . . . ' ... ' ..... ...... ........ .. ' .. ... . ' ..... .. ....... ~ ................ ... . Signature of officer authorized to issue permir Infommtion to be recorded at back. if space is insufficieni. N.B. Trus permit must be returned to the office of issue within seven days of the date of expiry. [The Inclusion o! llw p:,11c i:i authorized by L .N, 4/ 1976) THE FORESTS (R EMOVAL OF TIMBER AND PROPERTY MARK) REGUL ATIONS. 1918 THIRD SCHEOU'l.P. (Regulation 14) CERTIFICATE OF .REGISTRATION OF A PROPERTY MARK l .'NDER THE FOREST ACT I certify that l hae on this • day of 19 registered the property mark of of the design of which is shown on the back hereof. The registration of the property marlt expires on the day of 19 . Forests Department. 19 Conservator of Forests. [The inclusion of Lllil pqe i. ~uthoriud by L.N. 4/ 19761 9