The Kericho County Forest Conservation and Management Act, no. 3 of 2021

SPECIAL ISSUE Kenya Gazette Supplement No 3 (Kericho County Acts No 3) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT KERICHO COUNTY ACTS, 2021 NAJROBI, 20th January, 2021 CONTENT Act— Page The Kencho County Forest Consei-vation and Management Act, 2021 1 PRINTED AND PUBLISHED THE GOVERNMENT PRINT ER NAIROBI THE KERICHO COUNTY FOREST CONSERVATION AND MANAGEMENT ACT, 2021 No 3 of2021 Date of Assent 19th January 2021 Date of Commencement See Section 1 ARRANGEMENT OF SECTIONS Section PART I—PRELIMINARY 1—Citation and Commencement 2—Interpretation 3—Application of the Act A—Guiding Principles PART II—ADMINISTRATION 5—Establishment, role and functions of Forestry Directorate 6—County Forest Conservation Committee 7—Termination of Membership 8—Functions of County Forest and Conservation Committee 9—Conduct of business and affairs of the Committee 10—Remuneration and allowances of Committee Members 11—Public access to information PART III—CONSERVATION AND MANAGEMENT OF FORESTS 12—Classification of forests 13—Foiests Management Guidelines 14—Wood fuel Rules and Regulations 15—Ecosystem approach to management of Forests within Kericho County 16—Creation and Management of County Forests 17—Management of Community Forests 18—Declaiation and Reversion of Provisional Forests 19—Exchange of Forest area with Private Land 2 No 3 Kericho County Forest Conservation and Management 2021 20—Donations and Bequests 21—Arboreta and Recreational Parks 22—Declaration of Natural Reserves 23—Management of Plantation Forests 24—Concession on County Forest 25—Consent for Mining and Quarrymg 26—^Management Plans PART IV—COMMUNITY PARTICIPATION 27—Application for Community Participation 28—Obligations of a Forest Association 29—^Assignment of Forest User Rights 30—^Termination or Variation of a Management Agreement 31—Customary Rights PART V—LICENSING AND TRADE IN FOREST PRODUCTS 32—General provisions 33—Types of licences 34—Eligibility for Authorization 35—Cham of Custody 36—Grading and Valuation PART VI—FOREST PROTECTION 37—^Forest pests and Disease Control ** 38—^Protected Species 39—Control of Invasive Species PART VII—INCENTIVES FOR FOREST CONSERVATION 40—Purpose 41—^Establishment of forest support programmes 42—County community forestry programme 43—County reforestation programme 44—County foiestry awards and prizes 45—^Alternative Energy Initiatives 3 2021 Kencho County Forest Conservation and Management No 3 46—^Benefit Sharing Mechanism 47—County tree planting week 48—County Assembly to appropriate funds PART VIII—FORESTRY RESEARCH, EDUCATION AND TRAINING 49—Research, Technology Development and Transfer 50—^Public Information, Education and awareness 51—^Integration platform PART IX—ENFORCEMENT AND COMPLIANCE 52—^Powers of Authorized Officers PART X—OFFENCES AND PENALTIES 53—Prohibited activities forests 54—Counterfeiting or Unlawfully Affixing Marks 55—Offences in Relation to Mining, Quarrying 56— Other Offences 57— Compensation for Loss or Damage 58— General Penalty 59— Disputes PART XI— MISCELLANEOUS PROVISIONS 60—Rules 61—^Maintenance of Registers 62—^Environment Law to Apply SCHEDULE 4 No 3 Kencho County Forest Conservation and Management 2021 THE KERICHO COUNTY FOREST CONSERVATION AND MANAGEMENT ACT, 2021 AN ACT of the County Assembly of Kencho to give effect to Sustainable management, including conservation and rational utilization of all forest resources m the County for the socio economic development of the County ENACTED by the County Assembly of Kencho, as follows— PART I —PRELIMINARY Citation and Commencement 1 This Act may be cited as the Kencho County Forest Conservation and Management Act, 2021 and shall come into force upon notice m the Gazette by the County Executive Interpretation 2 In this Act unless the context otherwise requires— "Authorized person" means a person who is appointed m writing by the County Executive, the Authority or such other person as may be prescribed to be an authoiized person for the purposes of this Act, "benefits" mean quantifiable and non-quantifiable goods and services provided by forest ecosystems, 'Cabinet Secretary means the Cabinet Secretary responsible for matters relating to forestry, "Cham of custody" means the channel through which products are distributed, tracked aird monitored from their oiigin in the forest to their end-use, 'tf fr t\t, t ^ "Committee" means the County Forest Conservation Committee established under section 5 of this Act, Commercial use" means any use of forest products or foiest land, other than direct use for personal purposes or infrastructure development and It includes uses involving trade or any other "community" means a clearly defined group of users of forest land identified on the basis of ethnicity, culture or similar community of interests as provided under Article 63 of the Constitution, "community forest" means forest as classified under section 31(4), "Community Forest Association" means a group of local persons who have registered as an association oi other organization established to engage in forest management and conservation. 5 2021 Kencho County Forest Conservation and Management No 3 "Concession Agreement" means authorization which is a long term agreement issued by the County Department for the management ota specified foresCarea^at a price determined after forest ̂jvaluation and bidding "contract" means authorization entered into with a third party for performance of specified activities on behalf of the Service or the County Department m a forest area for a specified fee, "County" means a County established under article 176(1) of the Constitution, "County chief officer" means the County Chief Offieer responsible to the County executive committee member for the admimstration of the County department responsible for forestry, "County department" means the County Department for the time being responsible for forestry, "County executive" means the County Executive Comimttee Member responsible for matters relating to forestry, "County forest" means forest as classified under section 31(3), "Customary rights" mean the rights which result from a long series of habitual or customary actions, constantly repeated, which have, by such repetition and by uninterrupted acquiescence, acquired the force of a law within a geographical or sociological unit, "Ecosystem" means ~ a dynanuc complex of plant, ammal microorganism communities and their non-living environment interacting as a functional unit, "Forest" means a land area of more than 0 5 hectares, with a tiee canopy cover'of more-than 10%, which-'ismot primarily-under-agricultuial or other specific non-forest land use, "Forestland ' means a tract of land, including its flora and fauna, that IS devoted to growing trees for the production of timber, wood and other forest products, "Forest community" means a group of persons who have a traditional association with a forest for the purposes of livelihood, culture or religion, "forest concession" means the right of use granted to an individual or organization in respect to a specific area m a national or County forest by means of a long-term contract for the purpose of commercial forest management and utilization. 6 No 3 County Forest Conservation and Management 2021 Forest industries means all businesses and organizations whose primary activities include growing, rnanagmg, processmg or marketing of 'Forest manager" means a person responsible for the management of a forest under his/her charge and implementation of this Act including— (a) m the case of a County forest, the County Government, (b) in the case of community forest, the commumty land management committee established under the Commumty Land Act, and (c) in the case of a private forest, the owner of the private forest Forest resources means anything of practical, commercial, social, religious, spiritual, recreational, educational, scientific, subsistence or other potential use to humans that exists m the forest environment, including but not limited to flora, fauna, and microorganisms. Forest Sink Initiative" means such imtiative or scheme by the Government to promote the establishment of forests as carbon sink and climate change mitigation and adaptation Green zone" trees planted in an urban area covering less than 0 5 ha. Indigenous forest means a forest which has come about by natural regeneration of trees primarily native to Kenya, "Joint management agreement" means authorization where the County Department agrees to enter into partnership with other persons for the joint management of a specified forest area, specifying the contribution, lights and obligations of each party and setting out the methods of sharing the costs and benefits accruing from the forest so managed. Licence means a permit or other written authorization issued under the provisions of this Act, Licensing authority" means the person responsible for the issuance of licenses in the case of a County forest. Nature reserve means an area of land declared to be nature reserve under section 13, Permit means authorization issued to a person to undertake a specified forestry-related activity or service. Person means a natural person, an association, organization or a corpoiate body, "Private forest" means forest as classified under section 6(3), 7 2021 Kericho County Forest Conseivation and Management No 3 "Property mark" means a mark placed on a log, timber or other foiest produce with a prescribed instrument to denote ownership by the County Government or any other owner, "Protected tree" means any tree or tree species which has been declared under this Act to be protected, "Provisional forests means any forest which has been declared a provisional forest by the Cabinet secretary under section 9(1), "Special use licence" means authorization issued to a person to undertake an activity whose primary purpose is to yield public benefit in transportation, communication, energy, research or education, "Timber" means any tree that has been felled or which has fallen, and cut wood or logs, "Timber licence" means authoiization issued to a person for timber harvesting m a specified torest area, "Wildlife" means all forms of fauna and flora other than domesticated plants and animals Application of Act 3 This Act shall apply to all forests within the County on public, community and private lands Guiding Principles 4 The implementation of this Act shall be guided by the following principles— (a) good governance and access to public infcimaticn, and a paiticipatoiy appioach to forest conservation and management shall be ensluined to ensure the effective involvement of stakeholdeis in foiest conservation and management, (b) foiest lesouices management and conservation shall be devolved wherever possible and appropriate to those owners and manageis of forest lesources, (c) wherever possible, an -ecosystem appioach shall be adopted m the conservation and management of forests and counties shall collaboiate m managing foiests falling m more than one County within the same ecosystem, (d) the rights and lesponsibilities of communities and piivate land owners to manage and utilize foiest and foiest lesouices shall be recognized. 8 No 3 Kei icho Countv Forest Conservation and Management 2021 (e) benefits accruing from forest conservation and management, shall be enjoyed and equitably shared by the people of Kenya (f) monitoi the implementation ot tins Act and other forest legulations within the county, (g) ensure the fair distribution of benefits derived from resources m County foiests, (h) review and recommend applications for licenses and renewals m lespect to County forests under the County Government, (i) review and lecommend applications foi licenses and renewals m lespect to national forests under the Service, (j) monitor the management of community foiests in the county (k) develop and oveisee the implementation of forestiy extension piogiams, and (1) identify and recommend aieas to be set aside for the creation of County forests PART II—ADMINISTRATION Establishment, Role and Functions of Forestry Directorate 5 (1) Theie is established the Directoiate of Forestiy which shall be an office in the County Department responsible for Enviionment and Natural Resources matters (2) The functions of the Directorate shall be— (a) to implement all the County toiest functions accoiding to this Act, (b) support arid facrlrtate the Committee in caiiymg out its functions, (3) The Executive Committee Member and the County Public Service Board shall ensure that the Directorate has adequate human financial and any other appropriate resources to enable it cany out the functions assigned under this Act County Forest Conseivation Committee 6 (1) There is here established the County forest conservation committee (2) The Committee shall consist of— (a) a non-executive Chaiipeison, recruited competitively by the County Public Service Board and appointed by the Governor, 9 2021 Kericho County Forest Conseivation and Management No 3 (b) the County Chief Officer responsible for forestry who shall be the secretary, (c) the Chief Officer responsible for agiiculture or his/hei designated lepresentative appointed in writing, (d) the County Chief Officer lesponsible for environment or a designated representative appointed in writing, (e) the County Chief Officer responsible for water oi a designated repiesentative appointed in writing, (f) the Chief Officer, responsible for Lands or a designated representative appointed in writing, (g) the Kenya Forest Officer whose junsdictional authority falls within the County, (h) the County Director of forestry, (i) the Kenya Wildlife Service Officer whose jurisdictional authority falls within the County, 0) the National Environment Management Authority officer whose junsdictional authority falls within the County, and (k) tliree other persons who shall be appointed by the Executive Committee Member fulfilling such criteria and drawn from sucli membership as provided in subsection (3) and (4) (3) The County Executive may make rules and regulations governing the procedures of the committee (4) A peison shall be qualified for appointment as Chaiipeison undei sub-section(l) (a) if the person— (a) meets the requirements of Chapter Six of the Constitution, (b) holds at least a Bachelor's Degiee from a lecogmzed institution (c) has knowledge and expeiience of not less than five yeais m the field of natural resources, forestry, or enviionmental management (5) A person shall be qualified for appointment as a Membei undei sub-section (1) (k) if the peison— (a) holds at least a diploma from a recognized institution of highei learning, (b) has knowledge and experience of at least 2 years in matters relating to natural resources foiestrv, or environmental management or any other related field, 10 No 3 Kencho Cowitv Foi est Conservation and Management 2021 (c) meets the requirements of Chapter Six of the Constitution, and (d) is a resident of the County (6) The members ot the Committee to be appointed under section 6 (l)(k) shall be drawn trom wood fuel groups, groups representing private torest owners, gioups representing the community owning forests, non governmental organizations operating within the County and whose activities are focused on natural resource conservation and body representing the businesses ielated to forestry taking into account gender, disability and youth (7) The members of the Committee undei subsection (1) (k) shall hold otfice for a period of three years which may be renewed for a single further term of three years (8) The appointment of the Chairperson and the members under subsection (1) (k) shall be m writing and by notice m the County Gazette Termination of Membership 7 A member shall vacate his/her position as a member of the Committee if he/she— (a) IS absent fiom tliree (3) consecutive meetings of the Committee without wiitten apology, (b) violates Chapter 6 of the Constitution, (c) ceases to be a lesident of Kencho County, (d) voluntarily resigns fiom the committee, (e) dies, or (f) is so incapacitated by piolonged physical oi mental illness as to be unable to attend and discharge his/her duties Functions of County Forest and Conservation Committee 8 (1) The flinctions of the County Foiest Conservation Committee shall be to— (a) advise the County Government on the ideas, desires and opinions of the people within the County m all matteis relating to the conservation and utilization of national and County forests within the county, (b) monitoi the implementation of this Act and othei foiest regulations within the County, 2021 Kericho County Forest Consetvation and Management No 3 (c) ensure the fair distribution of benefits derived from resources in County forests, (d) review and recommend applications for licenses and renewals m respect to County forests under the County Government, (e) review and recommend applications for licenses and renewals m respect to national forests under the Service, (f) monitor the management of commumty forests in the county, (g) develop and oversee the implementation of forestry extension programs, and (h) identify and recommend areas to be set aside for the creation of County forests (5) The members of the Committee under subsection (3) (a) and (3) (f) to (3)(h) shall hold office for a period of three years and shall be eligible for re-appointment for a further term of three years (6) Persons who are not members of the Committee may be invited to attend meetings of the Committee and take part m its deliberations but shall not have voting powers (7) A member of the Committee shall be entitled to be paid such allowances as the Salaries and Remuneration Commission may determine (8) The County Executive shall set aside funds for the proper functioning of the Committee (9) The County Executive may make rules and regulations governing the procedures of the Committee, County, Community and private forests Conduct of Business and Affairs of the Committee 9 (1) The business and affairs of the Committee shall be conducted m accordance with the provisions of the Second Schedule (2) Except as provided in tne Schedule, the Committee may regulate Its own procedure Remuneration and Allowances of Committee Members 10 A member of the Committee shall be paid such allowances and reimbursable expenditures foi meetings as recommended by salaries and remuneiation commission Public Access to Information 11 Any person may make a written request to the Directorate of Foiestry and the Committee for any information held, and such information shall be made available as pei Access to Public Information Act 12 No 3 Kencho County Forest Conservation and Management 2021 PART III—CONSERVATION AND MANAGEMENT OF FORESTS Classification of Forests 12 (1) For the purposes of this Act, forests are classified into County, community and private forests (2) County forests include— (a) forest land lawfully held, used or occupied by the County Government or a department of the County Government (b) forests on land transferred to the State by way of sale, reverse or surrender, (c) forests on Land in respect of which no individual or community ownership can be established by any legal process, (d) forests on land in respect of which no heir can be identified by any legal process, and (e) forests on land lawfully held by the County government in trust for the people resident in the county (2) Community forests include— (a) forests on land lawfully registered in the name of group representatives, (b) forests on land lawfully transferred to a specific community, (c) forests on any other land declared to be community land by an Act of Pailiament, (d) forests on land that is lawfully held, managed or used by specific coimnumties as commumty^forests, (e) forests on ancestral lands and lands traditionally occupied by hunter-gatherer communities (f) lawfully held as tiust land by the County government, but not including any public land held in trust by the County government under Article 62(2) of the Constitution (3) Private forests include— (a) forests on registered land held by any person under any freehold tenure, (b) forests on land held by any person under leasehold tenuie, 13 2021 Kericho County Forest Conservation and Management No 3 (c) any forest owned privately by an individual, institution or body corporate for commereial or non-commercial purposes, (d) forests on any other land declared private land under an Act of Parliament Forests Management Guidelines 13 (1) Within SIX months after enactment of this Act, the Executive Committee Member shall in consultation with relevant stakeholders promulgate regulations for the development and periodic revision of the Kericho County Forests Management Guidelines and Standards prescribed by this subsection (2) The purpose of the Guidelines is to establish the standards for the management of all forests m accordance with accepted principles and practices to which the County Government requires all forest managers under this Act to adhere (3) Adherence to the County Forest Management Guidelmes shall form part of the requirements necessary for the approval of licenses under the provisions of this Act Woodfuel Rules and Regulations 14 The Executive Committee Member shall within six months after the commencement of this Act and in consultation with relevant stakeholders enact the Woodfuel Rules and Regulations for the purposes of ensuring sustainable wood fuel production and fair trade practices Ecosystem Approach to Management of Forests withm Kericho County 15 (1) All forests shall be managed in accordance with the integrated ecosystem approach that takes into~consideration the-wood and non-wood resources, the environmental services and the socio-economic benefits provided by the forests (2) The County Executive Committee Member may declare a county forest or a part of it as a biodiversity hotspot among the county forest with restricted management Creation and Management of County Forest 16 (1) The County Government shall be responsible for the protection and management of forests and woodlands under its jurisdiction, and shall ensure that such forests are managed on a sustainable basis m accordance with an approved management plan 14 No 3 County Forest Conservation and Management 2021 (2) The County Government shall be responsible for creation of County forests and increasing tree cover withm their area of jurisdiction Management of Community Forest 17 (l)All community forests are vested m the community, subject to any rights of user m respect thereof, which by or under this Act or other written law, have been or are granted to any other person (2) The County Executive shall register a forest under subsection (1) where the forest meets the criteria prescribed m rules made under this Act (3) Upon registration under subsection (2), the community shall be entitled to receive from the County Government (a) technical advice regarding appropriate forestiy practices and conservation, (b) subject to availability of funds, loans from the Fund for the development of the forest, provided that the funds are obtained and utilized m accordance with the procedures set out by the County Executive (4) A commumty that establishes or owns a community forest may apply to the relevant authorities for exemption from payment of all or part of the land rates and such other charges as may be levied in respect of the land on which the forest is established Declaration and Reversion of Provisional Forests 18 (1) Upon the recommendation of the County Executive, the Cabinet Secretary may, by order published in the Gazette, declare any community oi private forest, which m the opinion of the County Executive IS mismanaged oi neglected, to be a provisional forest (2) A declaration under sub-section (1) of this section shall only be made where— (a) the forest— (i) IS an important catchment area or a source of water springs, (ii) is rich in biodiversity and contains rare, threatened or endangered species, (ill) IS of cultural or scientific significance, or (iv) supports an important industry and is a source of livelihood for the surrounding foiest communities, (b) the Diiector-General has issued a notice requiring the forest owner, as the case may be, to undertake specific silvicultural 15 2021 K.encho County Forest Conservation and Management No 3 practices to improve the forest and such notice has not been compiled with, or the forest owner is unable to undertake the specified practices (3) A piovisional forest shall be managed by the Service in collaboiation with the owner thereof for a period of three years subject to review, and any profits accruing therefrom shall be paid to such owner less the expenses incurred by the Service in managing the forest concerned (4) A provisional forest shall revert to the owner where the County Executive is satisfied that it has been adequately rehabilitated and the owner has given an undertaking to efficiently manage it (5) The County Executive may, upon reversion of a provisional forest, prescribe for observance by the owner such conditions as maybe necessary to ensuie compliance with the provisions of this Act Exchange Forest Area with Private Land 19 (l)Subject to sub-section (2) the County department may in consultation with the relevant government agencies and stakeholders, and with approval of the County Executive, exchange part of a forest area with private land with the consent of the owner of such land where— (a) the exchange enhances the efficient management and protection of the forest, (b) the exchange is equitable to the County Government and the land owner, according to an independent valuation, (c) an independent Environmental Impact Assessment has been conducted and has shown that such exchange shall not adversely affect the environment (d) the forest area to be exchanged does not contam rare, threatened or endangered species and is not a water catchment area or a source of springs (2) The County Government may, with the approval of the County Executive, acquire by purchase any land suitable to be declared a County forest under this Act (3) No purchase or exchange shall be transacted under this section unless prior public consultation is carried out in accordance with the Schedule to this Act Donations and Bequests 20 (1) Any person who is registered as proprietor of land in accordance with the provisions of any written law may donate or bequeath 16 No 3 Kericho County Forest Conservation and Management 2021 all or part of that land to the County Department, an educational institution, an association or a non-Governmental organization for the development of forestry and the conservation of biodiversity recreational parks (2) The forest established on the land so donated or bequeathed under Subsection (1) shall be gazetted in accordance with this Act, (3) The forest or land so donated or bequeathed shall not be used for any purpose other than the establishment and conservation of forests as originally desired by the previous owner Arboreta and Recreational Parks 21 (1) The County Executive shall, establish and maintain arboieta, green zones or recieational parks for use by persons residing within its area of jurisdiction (2) For the purposes of subsection (1), the County Executive shall cause housing estate developers within its jurisdiction to make provision for the establishment of green zones at the rate of at least five per cent ot the total land area of any housing estate intended to be developed (3) The County Executive shall, establish and maintain a recreational park in every market centre within its area ofjurisdiction (4) No arboretum or recreational park shall be converted to any other use unless the County Executive consults the residents of the area in the jurisdiction within which such arboretum, green zones or recreational park IS situated (5) For purposes of this section, a County Executive may in consultation with the relevant stakeholders prescribe conditions as to the species of trees to be planted m a^green zone, arboretum.or recreational park Declaration of Natural Reserves 22 (1) The Cabinet Secretary may, upon the recommendation of the natural reserves Board of the Service and after consultation with the County Executive and relevant stakeholdeis, by Notice in the Gazette declare any county, community or private forest, as a nature reserve (2) Where a nature leserve declared as such will occur within community or private land, the Cabinet Secretary shall make prior agreed aiiangements foi compensation to the forest owner (3) Every nature reseive shall be established for the following purposes— 17 2021 Kencho County Forest Consei-vation and Management No 3 (a) the conservation of forestland of particular environmental, cultural, scientific or other special significance, (b) the preservation of biological diversity and threatened or endangered species (4) The Cabinet Secretary shall, at least ninety days before the making of an order this section— (a) publish in the Gazette and in at least two newspapers of nationwide circulation a notice of the intention to make the order (b) invite comments from members of the public (5) The Cabinet Secretary shall in consultation with the Service take into account any comments received before making an order under this section Management of Plantation Forests 23 (1) All plantation forests in County forests shall be managed on a sustainable basis with the primary objective being the production of wood and other forest products and services for commercial purposes (2) Where the Committee is satisfied that all or part of a County forest which is a plantation forest may be efficiently managed through a licence, concession, contract, joint agreement, it may place an advertisement m two daily newspapers of national circulation calling for applications from interested persons for the management of the same (3) The applicant shall submit his application together with a proposed management plan in respect of the forest which is the subject of the application (4) Any person aggrieved by the decision of the Committee to entei into a management agreement for a plantation forest under this section may appeal to the Environment and Land Court within sixty days of the decision made (5) All licences, concessions, contracts or joint management agreements made undei this Section shall be made in accordance with the provisions of the Constitution, the Public Procurement and Asset Disposal Act and other relevant laws of Kenya County forest can be done through the granting of a concession, the County Executive shall grant the same subject to the provisions of the Constitution, the Public Piocurement and Asset Disposal Act and any other relevant laws 18 No 3 Kericho County Forest Conservation and Management 2021 Concession on County Forest 24 (1) Where County Executive is satisfied that utilization of a County forest can be done through the granting of a concession, the County Executive shall grant the same subject to the provisions of the Constitution, the Public Procurement and Asset Disposal Act and any other relevant laws (2) The County Executive shall not recommend any such proposal unless— (a) the proposal has been subjected to an independent environmental impact assessment, and (b) public consultation m accordance with the schedule has been undertaken and completed (3) In addition to sub-section (1), the grantee of a concession shall— (a) comply with the guidelines or management plans prescribed the County Executive, (b) prepare environmental and or social impact assessments as required under the laws governing environmental protection, (c) prepare a concession area forest management plan that shall include inventories, reforestation or replanting programs, annual operation plans and community user rights and benefits, (d) protect the concession area from destruction and encroachment by other persons, (e) ensure that the forest areas under his management are maintained for the conservation of biodiversity, cultural or recreational use, (f) maintain the physical boundaries of the concession, (g) take precautions to prevent the occuiience and spread of forest fires m connection with any or all operations within or outside the concession area, (h) ensure that all structures and facilities constructed or opeiated by and m connection with any activities are maintained according to the conditions of the licence. i (i) pay applicable land rent, fees and other charges foi utilizing forest resources within the concession area 19 2021 Kencho County Forest Conservation and Management No 3 (4) The licence shall indicate the nature of the concession, including Its physical location and boundaries, and the purpose for which it is granted (5) A grantee of a concession under this section shall be held personally responsible for any loss or damage, including the negligence of his/her employees, arising from his/her operations on the land for which the concession has been obtained (6) The County Executive may by notice in the Gazette withdraw a concession granted under this section where a grantee breaches any of the conditions presciibed under sub-section (3) Consent for Mining and Quarrying 25 (1) The County Executive shall only give his consent for mining and quarrying operations m a forest area where— (a) the area does not contain lare, threatened or endangered species, (b) the forest does not have any cultural importance or contain sacred trees or groves, (c) an independent Environmental Impact Assessment or audit has been carried out, (d) the miner has undertaken through execution of a bond the value of which shall be determined by the Committee to rehabilitate the site upon completion of the mining operation to a level presciibed by the County, (e) the forest is not an important catchment area or source of springs and (f) the carrying on of the mining and quaiiymg operations shall not contravene any rules made under this Act (2) Subject to subsection (1), mining and quarrying may be carried out m a County forest under the authority of a licence issued by the County Executive and in accordance with the Mining Act (3) A licence under subsection (2) shall not be issued tlnless the applicant has implemented safety measures to prevent injury to human beings, livestock and wildlife traversing the forest (4) The conditions on which a licence of mining and quarrying, or any othei activity carried out in the forest, shall, where the activity concerned is likely to result m the depletion of forest cover m any forest include a condition lequirmg the licensee to undertake compulsory 20 No 3 Kencho County Forest Conservation and Management 2021 restoration and le-vegetation immediately upon the completion of the activity (5) Re-vegetation shall be undertaken in consultation with the Service, which shall determine the seeds and seedlmgs proposed to be used in such re-vegetation Management Plan 26 (1) Ever}' County forest, nature reserve and Provisional forest within the County shall be managed m accordance with a management plan that complies with the requirements prescribed by rules made under this Act (2) The County Department shall be responsible for the preparation of a management plan with respect to the County forest (3) In preparing a management plan the County Department responsible shall consult with the committee (4) It shall be the duty of the County Executive to give effect to provisions of management plans m respect to County forests (5) The Committee shall approve the County forest management plans community participation PART IV—COMMUNITY PARTICIPATION Application for Community Participation 27 (1) A member of a forest community may, together with other members or peisons resident m the same area, register a community forest association undei the Societies Act (2) An association registeied under subsection (1) may apply to the County Executive for permission to participate in the conseivation and management of a County forest in accordance with the piovisions of this Act Provided no such application shall be made wheie there is an existing prioi agreement oi license (3) The application referred to in subsection (2) shall be m the prescribed form and shall contain— (a) a list of the members of the association and its address, (b) the Constitution of the association, (c) the association's financial regulations. 21 2021 Kencho County Forest Conservation and Management No 3 (d) the area of foiest for which the association proposes to undertake conservation and management, (e) the association's proposals concerning— (i) use of forest resources (ii) methods of conservation of biodiversity, (ill) methods of monitoring and protecting wildlife and plant populations and enforcing stich protection, and (f) such other information as the County Executive may require (4) The County Executive may give consent to develop a forest management plan m accordance with the regulations, rules and standards prescribed (5) The County Executive shall cause to be kept an up to date recoid of all associations participating in the conservation or management of national or County forests respectively Obligations of a forest Association 28 (1) An association approved by County Executive to participate in the management or conservation of such a forest or part of a forest shall— (a) protect, conserve and manage stich forest or part thereof pursuant to an approved management agreement entered into under this Act and the provisions of the management plan for the forest, (b) formulate and implement forest programs consistent with the traditional forest user rights of the community concerned m accordance with sustainable use criteria, (c) piotect sacred groves and protected trees, (d) assist the County Department in enforcing the provisions of this Act and any rules and regulations made pursuant thereto, m particular in relation to illegal harvesting of forest produce, (e) with the approval of the County Executive enter into partnerships with other persons for the purposes of ensuring the efficient and sustainable conservation and management of forests, (f) keep the County Department informed of any developments, changes and occurrences within the forest which are critical for the conservation of biodiversity, (g) help m fire fighting, and (h) do any other act that is necessary for the efficient conservation and management of the forests in the County 22 No 3 K^ericho County Foi est Conservation and Management 2021 (2) The Management Agreement between the County Executive and the association shall confei on the association all or any of the following foiest user rights— (a) collection of medicinal heibs, (b) harvesting of honey (c) haivesting of fuel wood, (d) glass harvesting and grazing, (e) collection of foiest produce for community based industries, (f) ecotourism and lecieational activities, (g) scientific and education activities through the plantation establishment and livelihood improvement scheme, (h) contracts to assist m carrying otlt specified forestry operations, (i) development of community wood and non-wood forest based industries, and (j) other benefits which may from time to time be agreed upon between an association and the County Executive Provided that (i) none of the activities specified m this subsection shall be carried out so as to conflict with the conservation of biodiversity, and (ii) the County Executive may, m consultation with the association, make rules regulating the performance thereof (3) In case of establishment of plantations under the non-resident cultivation, the cultivator shall be allowed to cultivate m the foiest for a period not exceeding three years (4) All management agreements made under this Section shall be m accordance with the provisions of the Constitution, the Public Procurement and Disposal Act and other relevant laws of Kenya Assignment of Forest User Rights 29 (1) An Association may, with the approval of the County public officer m charge of forestry, assign any or all its rights under a management agreement to a suitably qualified agent on mutually agreed terms (2) The Diiector-Geneial or the County public officer in charge of forestry shall not approve any assignment that is inconsistent with the mam objectives and purposes set out in the management agreement 23 2021 Kericho County Forest Conservation and Management No 3 (3) The management agreement shall be deemed to provide that an association shall be liable for all the activities, acts and omissions of the assignees of Its rights under the agreement - ^ Termination or Variation of a Management Agreement 30 Nothing m this section shall be construed to limit the grounds on which, m accordance with the terms of a management agreement, the agreement or any right may be terminated Customary Rights 31 Nothing m this Act shall be deemed to prevent any member of a forest community from using, subject to such conditions as may be prescribed, such forest produce as it has been the custom of that community to take from such forest otherwise than for the purpose of sale PART V—LICENSING AND TRADE IN FOREST PRODUCTS General Provisions 32 (1) No Person shall undertake any commercial use of forests and forest resources on public land or commumty land without a licence from the County Government (2) Notwithstanding subsection (1), no person shall produce wood fuel in or from indigenous forests (3) A licence may be granted through Concessions, Timber Sale Contracts, or Forest Permits for commercial and non-commercial forest uses in accordance with this Act (4) A licence shall only be granted when the use of forest resources is in accordance with the foiest management guidelines and approved by the county forest committee (5) A person granted a licence for commercial use shall post a bond m the manner prescribed to assure peiformance of work, payment of forest fees and charges, redress of injunes oi return of property Types of Licences 33 (1) Licences issued under this Act may be for commercial, consumptive or non-consumptive use (2) Commercial use licences include— (a) Forest Concessions, (b) Timber harvesting, (c) Woodfiiel production 24 No 3 Kericho County Forest Consei vation and Management 2021 (3) Non-Consumption use licences include Permits for purposes other than the harvesting or utilization of forest products and lesources These include but not limited to— (a) Ecotourism (b) Carbon trading (c) Bee keeping (3) No Authorization shall be issued in respect of forest of which there is pre-existing authorisation except on terms mutually agreed upon by all the parties involved Eligibility for Authorization 34 (1) A person shall not be eligible to apply for an authoiization unless that person— (a) possesses the necessary legal capacity to enter into binding agreements, and has the teclmical and financial capacity to undertake the forestry activities for which the authorisation is sought, and (b) m the case of a foreign investor, has complied with all the laws for the time being in force relating to investment by foreigners (2) In the case of a timber licence, special use licence, contract, joint management agreement or concession— (a) legal capacity includes the competence to enter into contracts which for business entities shall be demonstrated through proof of registration, (b) technical capacity includes the competence to undertake forestry activities, as demonstrated by employment of technical staff access to equipment, satisfactory past peifoimance and a lecord of good compliance with the laws and standards, and (c) financial capacity includes solvency and ability to conform to good business practices as demonstrated by the applicant's financial statements for the past three years, where applicable, and tax compliance certificates Cham of Custody 35 (1) The County Executive shall establish and maintain a Chain of Custody system to veiify the origin of forest products from national, county, community and private forests and the compliance of license holders m accordance with this Act 25 2021 Kericho County Forest Conservation and Management No 3 (2) A person m possession or trading in forest products shall comply with the requirements of the cham-of-custody system established under this section - : " . (3) Any person who contravenes subsection (2) commits an offence Grading and Valuation 36 (1) The County Executive m consultation with the relevant stakeholders shall make rules and regulations to establish standards for the grading and valuation of timber and other forest products (2) On the advice of the registered association of professional foresters, the County Executive may, by Notice in a Gazette, authorize any person to be a timber Grader or Valuer under this Act PART VI—FOREST PROTECTION Forest Pests and Disease Control 37 The Committee may on community or private land respectively advise the Executive Committee Member to— (a) order the spraying or clearing of a compartment of a plantation oi of a whole plantation for the purpose of controlling the spreading of pests and diseases, (b) control movement of timber and any other foiest produce through the issue of permits, and (c) provide for control of vermin causing excessive damage beyond economic thresholds in forests Protected Species 38 (1) The Comimttee shall on annual basis prescribe species of trees and plants as protected species for the purposes of this Act (2) No person shall fell or remove protected species (3) A person who contravenes subsection (2) comimts an offence Control of Invasive Species 39 The Executive Committee Member shall notify the relevant National govermnent agencies within 12 months after enactment of this Act to Gazette Regulations on the introduction, prevention, control and management of invasive species and theieafter every two years 26 No 3 Kericho County Forest Conservation and Management 2021 PART VII—INCENTIVES FOR FOREST CONSERVATION Purpose 40 The purpose is to provide incentives tor increasing forest and tree cover through the establishment of— (a) a County Community Forestry Programme, (b) a County Reforestation Programme, (c) a County Programme for Craft Apprenticeships and Vocation Training for school-leavers in forest lesource-based enterprises, (d) a Permanent Carbon Sink Initiative, (e) alternative energy initiatives including energy efficient fuel wood cooking devices, and (f) waivei for land rates foi individual faimers with more than ten percent tree cover Establishment of Forest Support Programmes 41 The Executive Committee Member shall, by regulation, establish a County facility to administer the allocation ot funds and provision of technical assistance to the lecipients of County forestry incentive programmes County Community Forestry Programme 42 The Executive Committee Member shall, by regulation, establish a County community forestry programme that shall provide— (a) Grants to community forest oigamzation to support the piepaiation of management plans foi forests on community land (b) Qualified service providers to provide technical assistance to the community forest organizations County Reforestation Programme 43 (1) The Executive Committee Member shall by regulation, establish a County letorestation programme that shall provide— (a) Grants and technical assistance to community foiest organization to support afforestation and reforestation on commimity land, and (b) Grants and technical assistance to smallholder farmers to support affoiestation on private land 27 2021 Kencho County Forest Conservation and Management No 3 County Forestry Awards and Prizes 44 (1) The Executive Committee Member shall, on an annual basis, grant research awards and scholarships to further knowledge on forest resource management and conservation (2) In recognition of meritorious achievements and seivice in the forestry sector, the County Executive shall, on an annual basis, award prizes to both individuals and oiganizations Alternative Energy Initiatives 45 The Executive Committee Member shall develop guidelines in consultation with relevant stakeholders that promote alternative energy initiatives Benefit Sharing Mechanism 46 (1) The Executive Committee Member m-consultation with the county forest committee and relevant stakeholders shall set the criteria for clear benefit sharing mechanism with local communities m respect of revenue generated from forest utilization activities within one year of enactment of this Law (2) The benefit sharing mechanism shall define the types of forest utilization activities from which revenue would be shared with local communities County Tree Planting Week 47 The Executive Committee Member and the Committee shall plan and execute participatory programs necessary tor observing the County tiee-planting week on County, Community and Private Forest Land County Assembly to appropriate tunds 48 The County Assembly shall appropriate funds for the effective implementation of tins Part PART VIII—FORESTRY RESEARCH, EDUCATION AND TRAINING Research, Technology Development and Transfer 49 The Diiectoiate shall collaborate with relevant institutions to enhance and prepare a forestry lesearch and development strategy foi Keiicho County Public Information, Education and awareness 50 The Directorate of Forestry m consultation with the lelevant government agencies shall foimulate and implement a county program on public information, awareness creation and advocacy to promote sustainable forest development and management 28 No 3 Kericho County Foiest Conservation aiid Management 2021 Integration Platform 51 The Executive Committee Member shall establish a platform that will consist of the representatives of the County Government, private sector and civil society whose function will be to support the mainstreammg ot forestry m County Development PART IX—ENFORCEMENT AND COMPLIANCE Powers of Authorized Officers 52 (1) The County Executive or any Authorized Officer of the County Department may— (a) demand from any person the production of an authority or licence for any act done or committed by that person in a County or provisional forest, or in relation to any forest produce for which a licence required under this Act or under any rules made thereunder, (b) require any person found within County or provisional forest who has m his possession any forest produce suspected to have come fiom such forests, to give an account of the manner in which he became possessed thereof, and, where the account given is not satisfactory, arrest and take such person before a magistrate (c) search any person suspected of having committed an offence under this Act or of being in possession of any forest produce in respect of which an offence has been committed, and arrest the person, seize and detain any baggage, package, parcel, conveyance, tent, hut or building undei the contiol of that person 01 his agent or servant Provided that no person shall be arrested under this section unless the County Executive oi the officei has reasonable cause to believe that person may fail to appeal to answei a summons, oi unless that person refuses to give his name and address oi gives a name and address which there is reasonable cause to believe is false, (d) search any vehicle oi vessel and seize and detain any forest produce m respect of which theie is reason to believe that an offence has been committed, togethei with any tools, equipment, vessels, vehicles oi livestock used m the commission of the offence 29 2021 Kericho County Forest Conservation and Management No 3 Provided that the officer seizing such property shall forthwith leport the seizure to the magistrate having jurisdiction overthe area where the offence takes place, (e) seize and detain any livestock found in a County or provisional forest without any person in charge of them, (f) confiscate any equipment or receptacle placed without authority in a national. County or provisional forest (2) The County Executive or any authorized officer of the County Department may— (a) entei any private forest m order to assess the condition thereof or to perform any such other act which he/she considers necessary m the circumstances, or (b) enter the premises of any forest-based industry or forest produ'^e dealer to inspect any forest pioduce placed or found within the premises to satisfy himself /herself that the industry or dealer is abiding by the provisions of a licence issued under this Act Provided that during such inspection due regard shall be given to the rights of the proprietor (c) take all reasonable steps to prevent the commission of an offence under this Act, and testimony for the purposes of an investigation conducted under this Act PART X—OFFENCES AND PENALTIES Prohibited activities forests 53 (1) Except under a licence or permit or a management agreement issued 01 entered into under this Act, no person shall, in a County or provisional forest— (a) tell, cut take, burn, injure or remove any forest produce (b) be or remain therein between the hours of 7 p m and 6am unless using a recognized load or footpath, or is m occupation of a building authorised by the County Executive, or is taking part in cultural, scientific or recreational activities, (c) eiect any building or livestock enclosure, except where the same IS allowed for a prescribed tee, (d) smoke, where smoking is by notice prohibited, or kindle, cany 01 throw down any fiie, match oi other lighted material (e) de-pasture or allow any livestock to be therein, 30 No 3 Ket icho County Forest Conservation and Management 2021 (f) clear, cultivate or break up land for cultivation or for any other purpose, (g) entei any part thereof which may be closed to any person, (h) collect any honey or beeswax, or hang on any tree or elsewhere any honey barrel or other receptacle for the purpose of collecting any honey or beeswax, or enter therein for the purpose of collecting honey and beeswax, or be therein with any equipment designed for the purpose of collecting honey or beeswax, (i) construct any road or path, 0) set fire to, or assist any person to set fire to, any grass or undergrowth or any forest produce, (k) possess, bring or introduce any chain saw or logging tools oi equipment, (1) damage, alter, shift, remove or interfere in any way whatsoever with any beacon, boundary mark, fence notice or notice boaid (2) Any person who contravenes the provisions of subsection (1) ot this section commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months, or both (3) Any person who contravenes the provisions of section 28(2) shall be guilty of an offence and is liable on conviction to a fine not exceeding one million or to imprisonment for a term not exceeding three years or both Counterfeiting or Unlawfully Affixing Maries 54 Any person without lawful authoiity— (a) marks any forest produce, or affixes upon my foiest produce, a mark ordinarily used by a forest officer to indicate that the forest produce is the property of the County Department, or that it may or has been lawfully cut or removed, (b) alters, obliterates, removes or defaces any stamp, mark, sign licence, permit or other document lawfully issued under the authority of this Act, or removes or destroys any part or a tiee bearing the stamp or other mark used by any foiest officer (c) covers any tree stump m the County forest with brushwood oi earth, or by any other means whatsoever conceals, destroys oi removes or attempts to conceal, destroy or remove such tiee stump 01 any part. 31 2021 Kericho County Forest Conservation and Management No 3 (d) wears any uniform or part of a umform, or any badge-or other mark to be worn by forest officers or other employees of the :: CountylDepartmentror who;inL:any other,way hoIds^himseIf out to be an employee of the County Department, or (e) counterfeits or issues without lawful authority any licence or other document purporting it to be a licence or document issued under this Act or any rules made thereunder, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment Offences in Relation to Mining, Quarrying 55 Any person who contravenes the regulations of this Act in relation to activities in forest areas relating to mining, quarrying or le vegetation commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year or both Other Offences 56 (1) Any person who— (a) commits a breach of, or fails to comply with the provisions of this Act, (b) commits a breach of, or fails to comply with any of the terms or conditions of a licence issued to him/her under this Act, (c) fails to comply with a lawful requirement or demand made or given by a forest officer, (d) obstmcts a peison m the execution of his/her powers or duties under this" Act, " " — ^ - (e) makes or is found in possession of charcoal m a County or provisional forest, or in commumty forest, private forest or farmlands without a licence or permit of the owner as the case may be. Commits an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment (2) Any person who wilfully or maliciously sets fire to any county, provisional, community or pnvate forest eomnuts an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year, or both 32 No 3 Kencho County Forest Conservation and Management 2021 (3) Any person who operates a sawmill in a manner contrary to that prescribed in rules made under this Act commits an offence and is liable on ,conviction to aI^fine"hot "exceeding "bne^^milhon shillings or to imprisonment for a term not exceeding three years, oi to both such fine and imprisonment (4) Save under a licence or perimt or a management agreement issued or entered into under this Act, no person shall, m a forest capture or kill any animal, set or be m possession of any trap, snare, gin or net, or dig any pit, for the purpose of catching any animal, or use or be in possession of any poison or poisoned weapon Provided that nothing m this sub paragraph shall be deemed to prohibit the capturing oi killing of an animal in accordance with the conditions of a valid license or permit issued under the Wildlife Conservation and Management Act, 2013 (5) Any livestock found in any forest shall, unless the owner thereof proves to the contrary, be deemed to be there under the authority of the owner as well as the person, if any, actually m charge of the livestock (6) The livestock detained under section 27(1 )(e) shall be auctioned at the expiry of seven days if the owner does not reclaim it, and the proceeds of such auction shall be paid to the County Department (7) Neither County Executive or any officer shall be liable for the injury, loss or death of any livestock so seized and detained under Section 27(l)(e) (8) Any person who, m any forest area— (a) mtioduces any exotic genetic material or invasive plants without authority of the County Executive, (b) dumps any solid, liquid, toxic or other wastes in a forest without authority of the of the County Executive, (c) grows any plant from which narcotic drugs can be extracted, or (d) extracts, removes, or causes to be removed, any tiee, shrub or part thereof for export, Commits an offence and is liable on conviction to a fine not exceeding three million shillings or to imprisonment for a term not exceeding ten years, or to both such fine and imprisonment Compensation for Loss or Damage 57 (1) Where a person is convicted of an offence of damaging, or injuring or removing forest produce from any forest, the forest produce 33 - 2021 Kencho County Forest Conservation and Management No 3 shall be forfeited to the owner The court may in addition to any other ruling order— ""(a) that such person pay to the forest ownerrby way of cornpensation, a sum equal to the determined value of the forest produce so damaged, injured or removed and where the value cannot be estimated, ten thousand shillings for each offence, (b) if It IS proved to the satisfaction of the court that the person so convicted is the agent or employee of another person, that other person to pay by way of compensation to the forest owner, the value of the forest produce, unless after hearmg that other person, the court is satisfied that the offence was not due to his negligence or default, (c) the vessels, vehicles, tools or implements used in the commission of the offence be forfeited to the County provided that the value of the forest produce shall be either the commercial value of the forest produce or the cost of restoring the damage caused to the forest as a result of the offence committed, whichever is higher (2) Where a person is convicted of an offence of occupying or cultivating land in a forest area without a licence, the court may, in addition to any other penalty imposed under this Act, order such person to remove any buildings, enclosures, huts or crops within a period to be specified in the order, and if the person so convicted fails to comply with an order within the period so specified, the buildings, enclosures, huts or crops shall be deemed to be the property of the County Department or the private forest owner, as the case may be, and may be disposed of as the County Executive or the private forest owner may think fit Provided, however, that expenses incurred as a result of keeping in custody anything seized"or detained Undet thiVsectibtf shall''be''borne by the pel son whose property is seized or detained General Penalty 58 Any person found guilty of an offence against the provisions of this Act for which no specific penalty is provided shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment Disputes 59 (1) Any dispute that may arise m respect of forest conservation, management, utilization or conservation shall in the first instance be 34 No 3 Kericho County Forest Conservation and Management 2021 referred to the lowest possible structure under the devolved system of government as set out m the Devolution of Government Act ((2) Any "matter that may remain un-resolved m the manner prescribed above, shall be referred to the National Enviromnent Tribunal for determination, pursuant to which an appeal subsequent thereto shall, where applicable, he m the Environment and Land Couit as established under the Environment and Land Court Act, 2011 PART XI—MISCELLANEOUS PROVISIONS Rules 60 (1) The Coimty Executive may make rules and regulations for or with respect to any matter which is necessary or expedient to be prescribed for carrying out or giving effect to this Act (2) Without prejudice to the generality of the foregoing, rules and regulations may be made under this section for— (a) formulatmg guidelines on incentives and benefit sharing, (b) specifying the conditions subject to which any licence, permit or authorization may be granted or issued under this Act, (c) regulating activities m national forests. County forests, provisional forests, nature reserve and visitor indemnity, (d) prescribing measures that enhance community participation in the conservation and management of forests, (e) providing for protection of endangered and threatened tree species, (f) prescribing measures and mechanisms foi participatory foiest management agreements 'with other stakeholders and lead agencies, (g) prescribing the manner of repiesentation of communities and other stakeholders to the Committee, (h) providing for the creation of new forest areas including establishment of commercial forests (i) controllmg-the harvesting, collection, sale of and disposal of forest produce including timber grading and marking, 0) prescribing the amount of royalties or fees payable under this Act generally or in particular cases, (k) regulating the use and occupation of County forests for the purposes of residence, cultivation, and grazing. 35 2021 Kencho County Forest Conservation and Management No 3 (1) providing guidelines for eco-tourism including recreation, camping, picnicking and cultural activities, (m)providing guidelines for management planmng process, (n) providing the circumstances in which licences, permits leases, concessions and other agreements may be applied for, granted, varied or cancelled, and the manner m which a person to whom a licence is granted may exercise a right or privilege conferred upon him/her by the licence, (o) regulating the felling, working and removal of forest produce m areas where trees may be felled or removed, (p) providing for compulsory use of property marks by the County Department responsible and owners of private forests for the purpose of identifying wood sold from county, community, provisional and private forests, (q) prescribing conditions under which imsmanaged- or neglected forests may be declared provisional forests and conditions for revertmg them to the original owners, (r) regulating production, transportation and marketing of charcoal, (s) ensuring compliance with International Obligations, (t) regulating engagement and operationalization of the payment for environmental services scheme (3) Rules made under this section may require acts to be performed or done to the satisfaction of the Service, and may empower the Board to issue orders imposing conditions and dates upon, within or before which such acts 01 things shall be performed oi done (4) Upon the recommendation of the County Department and in consultation with the Committee the County Executive may make to apply rules in respect of any community forests m the County (5) The provisions of Section 27 of the Interpretation and General Provisions Act shall not apply to rules made under this section Maintenance of Registers 61 The County Executive shall maintain registers of forest management and conservation activities which shall include but not limited to the following— (a) licences issued under this Act, (b) National forests. 36 No 3 Kericho County Forest Conservation and Management 2021 (c) County forests, (d) community forests, (e) private forests registered under section 35 of this Act, (f) forest management agreements and concessions under this Act, and (g) forest management plans Environment Law to Apply 62 (1) The provisions of this Act with respect to conservation, management and protection of the environment shall be in conformity with the provisions of the Environmental Management and Co-ordination Act (2) The provisions of the Environmental Management and Coordination Act regarding reference to the Tribunal established under that Act shall apply to hearing of appeals arising from the decisions made under this Act (3) No user rights or other licence or permit granted under this Act shall exempt a person from complying with any other written law concerning the conservation and protection of the environment (4) A user or other related right shall not be granted under this Act where the requirement for a strategic environmental, cultural, economic and social impact assessment licence under the Environmental Management and Co-ordmation Act has not responsible authority in relation to the proposal, and of the reasons thereof 37 2021 Kericho County Forest Conservation and Management No 3 SCHEDULE PROVISIONS FOR PUBLIC CONSULTATIONS I (1) Where this Act imposes a requirement for public consultation, the responsible authority shall publish a notice in relation to the proposal— (a) in the Gazette, (b) m at least two national newspapers, (c) in at least one newspaper circulating in the locality to which the proposal relates, and (d) m at least one Kenyan radio station broadcasting m that locality (2) The notice shall in each case— (a) set out a summary of the proposal, (b) state the premises at which the details of the proposal may be inspected, (c) invite written comments on or objections to the proposal, (d) specify the person or body to which any such comments are to be submitted, and (e) specify a date by which any such comments or objections are required to be received, not being a date earlier than 60 days after publication of the notice (2) The responsible authority shall make arrangements for the public to obtain copies, at reasonable cost, of documents relating to the pioposal which are m the possession of the responsible authority (3) The responsible authority shall consider— (a) any wTitten comments or objections received on or before the date specified under paragraph 2(2) (e), and (b) any comments, whether in writing or not, received at any public meeting held m relation to the proposal at which the responsible authority was represented, or pursuant to any other invitation, to comment, (4) The responsible authority shall publish, through the same media as were employed pursuant to paragraph 1, notice of the fact that a copy of the decision m writing of the responsible authority m relation to the proposal and of the reasons thereof unavailable for public at the same premise as were noticed under paragraph 1(2) (b) 38 ' No 3 Kericho County Forest Conservc^ion and Management 2021 (5) Where rules made under this Act so require, the responsible authority shall cause public meetmg to be held in relation to a proposal before the responsible authority makes its decision on-the'proposal