Forestry Act 1998 (No. 17 of 1998)

Supplement No. 1 to Gazette No. 91 of 18th Decemeber, 1998 CONTENTS No. ACT Page 17 Forestry Act 1998 203 Published by the Authority of His Majesty the King Price: Ml.80 203 Forestry Act 1998 Arrangement of Sections PART I PRELIMINARY SECTION 1 2 Short title and commencement Interpretation PART II THREE TENURE 3 Tree tenure PART III ADMINISTRATION 4 Appointment of officers 5 Duties of Chief Forestry Officer 6 Delegation of duties 7 Forestry Fund PART IV FOREST MANAGEMENT 8 Management objectives 9 Forestry sector plan 10 Power to collect information PART V FOREST RESERVES, PRIVATE FORESTS AND COOPERATIVE FORESTS 11 Existing forest reserves 12 Declaration of forest reserves on the request of land authority 13 Declaration of forest reserves on State land 14 Map or plan for each forest reserve 15 Classification of reserves 16 Forest management plans 17 Private forests and co-operative forests 18 Proceeds from a private or co-operative forest 19 Assistance to private or co-operative forest PART VI FOREST UTILIZATION 20 21 22 23 24 25 Management and control of forest reserves Government forestry enterprises Acts prohibited without licence Licences Relief against denial of licence Seized articles PART VII FOREST PROTECTION 26 Fire prevention in a forest reserve 204 27 Precaution against fire 28 Prevention of disease 29 Prohibited acts 30 Damage to forest produce PART VIII OFFENCES AND PENALTIES 31 Offences 32 Increased penalties 33 Additional orders on conviction 34 Compour.ding 35 Prosecution of offences 36 Presumptions PART IX MISCELLANEOUS PROVISIONS 37 Common law remedies not affected 38 Liability of forest officers 39 Sale of forest produce and determination of charges 40 Forestry promotion and extension services 41 Regulations 42 Repeals and savings Schedule: List of Forest Reserves ACT NO. 17 OF 1998 Forest ry Act 1998 An act to repeal and replace the law relating to the planting and preservation of forests; and to provide for the regulation and control of dealings in forest produce and the sustained management of forests and forest reserves; and for other matters connected therewith . Enacted by the Parliament of Lesotho PART 1 PRELll\DNARY Short title and commencement I . This Act may be cited as the Forestry Act, 1998 and shall come into operation on the date of its publication in the Gazette. 1nterpretation 2. (I) In this Act, -unless the context otherwise requires " Chier ' means a chief as defined by section 2 of the Chieftainship Act, 1968"whose district, ward or area of jurisdic tion includes the whole or part of a forest reserve or a private forest or a co-operative forest; "Chief Forestry Officer" means the person appointed as such under section 205 4 of this Act ; Community forest" means a forest declared as such under section 17 of this Act ; "Co-operative forest" means a forest declared as such under section 17 of this Act; "forest" means any existing area ofland under section II and any new areas of land used for forestry , or declared for forestry use, under sections 12, 13 and 14 of this Act ; Forest Management Plan" means an operating plan prescribed for a particular forest reserve to secure the orderly taking, renewal and conservation of trees in accordance with the principle of sustained yield; "forest produce" means (a) anything which is produced by trees or is grown or grows in a forest including trees , timber, wood , firewood, poles, laths, branchwood, slabs, chips , sawdust, charcoal , plants, grass , reeds , thatch, rushes, peat , creepers, leaves , moss, humus , flowers , ferns, fruit , seeds, roots, bulbs, spices, bark, rubber, latex, gum, oleoresin, sap, essential oils ; and (b) game, birds , skins , fish, honey , wax, bees and any other things naturally found in or obtained from a forest reserve ; " forest reserve" means a forest reserve declared as such under section 12 or continued under section II of this Act; "Forestry Department" means a department of the Government charged with the responsibility of administering forestry affairs including this Act ; "Forestry Officer" means an officer appointed in terms of section 4 of this Act and includes an honorary forestry officer; "Forestry Division" refers to the forestry division created under the Forest Act 19782 ; "land authority" means the authority entitled to exercise the power to allocate land or to make grants of interest or rights in or over land in Lesotho in terms of any law; "licence" means a licence or permit issued under this Act; "livestock" means cattle, horses, donkeys, mules, pigs, sheep and goats ; "Minister" means the Minister responsible for forestry ; " Principal Secretary" means the Principal Secretary of the Ministry of Agriculture; " private forest" has the meaning assigned to it in section 17 of this Act; " tree" includes any seedlings, sapling, transplant or coppice shoot of any age; " working day" means any day other than Saturday, Sunday or a gazetted public toliday , PART II TREE TENURE 206 Tree tenure 3. (I) Notwithstanding any rule of customary or common law or any legislation to the contrary, individuals , groups of individuals, communities organisations or cooperatives or their assigns or successors, as the case may be, who plant and grow a tree on land lawfully held by such individuals, groups of individuals, communities, organisations or coopera tives, as the case may be, shall own that tree and shall have all other rights of ownership in that tree subject to the provisions of this Act. (2) Notwithstanding any rule of customary, common law or any legislation to the contrary , ownership of trees not covered by subsection (I) of this section, shall vest in the State and it shall be lawful for the Minister to transfer such ownership to individuals, groups of individuals, communities, organisations or cooperatives, as the case may be, on such terms as he may deem fit. PART III ADMINISTRAl'ION Appointment of officers 4. (I ) The Public Service Commission shall appoint a Chief Forestry Officer and as many Forestry Officers and other officers as may be considered necessary for the purposes of this Act. (2) The Minister may designate a person as an honorary forestry officer to exercise the powers and perform the duties of a forestry officer in terms of this Act. (3) All officers of the Forestry Division holding office at the date of commencement of this Act shall be deemed to have been appointed under this Act without prejudice to their existing entitlements. Duties of Chief Forestry Officer 5. The duties of the Chief Forestry Officer shall include (a) the conservation, management and establishment of forests; (b) the demarcation and maintenance of forest boundaries; (c) the issuance of licences and permits for the harvesting of trees and other forest produce in forest reserves; (d) the protection and preserva tion of water resources in forest reserves , private forests, co-operative forests and along streams and the rivers in co-operation with the relevant water affairs authority; (e) the promotion of the practice of forestry and agroforestry in the agricultural, pastoral and other areas in conjunction with the relevant divisions of the Ministry of Agriculture and the encouragement of proper forestry practices and management on !'rivate land through advice and assistance; (I) the promotion of proper forest conservation practices ; 207 (g) the survey, establishment, management, development and administration of forest reserves; (h) the maintenance of biological diversity in forests; (i) the training of staff and other relevant individuals or groups under ti-e Act; (j) the promotion and implementation of educational programmes to improve understanding of the contribution of forests to national well-being and economic development; (k) advising the Minister on orderl y and progressive de-gazetting of forest reserves and government-owned or government-run forest enterprises; (I) the discharging of any other functions or duties that may be assigned or prescribed under this or any other Act. Delegation of duties 6. The Chief Forestry Officer may, subject to such conditions as he may specify, delegate any of his duties under this Act, to any forestry officer. Forestry Fund 7. (I) The existing Forest Fund created by the Fore' Fund Regulations, 1983' , shall be redesignated as the Forestry Fund and its control and administration shall be transferred to the Principal Secretary. (2) All fees, monies and fines collected under I a well as, any voluntary contributions shall be paid into the Forestry Funu. (3) The Principal Secretary shall administer the Forestry Fund and shall keep proper accounts and other records in respect with the operations of the Fund. (4) As soon as possible after the close of the financial year , but not later than three months thereafter, the Principal Secretary shall submit to the Accountant General accounts of the Fund including (a) a statement of receipts and payments for the period of the financial year; (b) such other statements as may be prescribed in the Regulations. (5) The Ministry of Finance shall cause the accounts of the Fund to be audited annually by the Auditor-General . (6) The proceeds of the Fund shall be used for the establishment and sustained management of forests and forest research, and in part particular, for (a) payments agreed to with the representatives of a community in terms of a written contract; (b) assistance to owners of private, community or cooperative forests in accordance with section 17 of this Act; (c) to defray the cost of reforestation conducted by the Forestry Division or by a person or an entity , who is not required to reforest under 208 this Act; (d) to provide subsidies, seedlings, technical assistance and other incentives as may be specified in Regulations made under this Act to a person or an entity wishing to establish forests in accordance with this Act. PART IV FOREST MANAGEMENT Management objectives 8. (1) The Chief Forestry Officer shall manage the gazetted forests and indigenous forests in Lesotho to obtain the maximum benefits in the form of forest production, environmental conservation and other economic uses that can be sustainedover time. (2) The Chief Forestry Officer shall be entitled to advise the owners of any private, community or co-operative forests to adopt scientifically sound management practices. (3) For this purpose, the Chief Forestry Officer shall compile and keep under constant review an inventory of forest and forest produce in Lesotho. Forestry Sector Plan 9. (I) The Chief Forestry Officer shall prepare a draft Forestry Sector Plan and submit it to the Minister for approval . (2) IIipreparing the draft plan, the Chief Forestry Officer shall take into account the views of the Ministry of Planning, the Department of Water Affairs and the Lesotho National Environment Protection Agency. The Plan shall be available to members of the public for comments, if any. (3) The Forestry Sector Plan shall (a) describe the forests in the State sector including indigenous forests and forests created by "matsema' on the basis of the latest inventory and other relevant information; (b) assess the present and future demands for forest produce having regard to the need to protect the environment and to fulfill the economic development objectives that may be specified to the Chief Forestry Officer; (c) specify the nature, extent and kind of permissible harvesting, post- . harvesting, planting and processing practices in a forest; and (d) prepare a budget for sustainable development of the forestry sector. (4) The Chief Forestry Officer shall prepare a report in each calender year reviewing the implementation of the Forestry Sector Plan and propose any revisions to the plan that, in the light of the experience, may have become necessary. (5) Any substantial revision of the plan shall be in accordance with subsection (2) of this section 209 (6) The Chief Forestry Officer shall submit the report referred to in subsection (4) to the Minister. Power to collect information 10. (I) For the purposes of preparing a Forestry Sector Plan, the Chief Forestry Officer shall have the authority to collect relevant information on forests and forestry resources from any person or institution, whether public or private . (2) Any person or institution, whether public or private, that does not, within 60 days of a written request under subsection (I) of this section, provide information requested by the Chief Forestry Officer , commits an offence and on conviction shall be liable to a fine not exceeding M5 000. (3) If the information sought by the Chief Forestry Officer under subsection (I), from any person or institution is regarded by that person or institution, as confidential , then the matter shall be referred to the Minister. PART V FOREST RESERVES, PRiVATE FORESTS AND COOPERATIVE FORESTS Existing forest reserves I I. (I) All forest reserves established unde r the Forest Act, 1978, and listed in Schedule' shall be deemed to be forest reserves established under this Act . (2) The Chief Forestry Officer shall manage the forest reserves either through the Forestry Department or under written arrangements under which individuals , groups of individuals , communities, organisations or cooperatives as the case may be , are entrusted with the responsibility to manage the forest reserves in terms of a plan approved by the Chief Forestry Officer. (3) The Chief Forestry Officer, after consulting the appropriate Local Authority, shall advise the Mini ster on the transfer of ownership, control and management ofany forest reserve to individuals, groups of individuals, communities organisations or cooperatives, as the case may be, by notice published in the Gazette, when , in his opinion, such individuals, groups of individuals, communities, organisations or cooperatives, as the case may be, have the required resources and management expertise in this regard . (4) The transfer shall be embodied in a written agreement that shall be binding on both the parties and shall provide that the Minister shall have a right to reclaim the forest reserve if the said agreement is breached materially . (5) The Minister may, by notice published in the Gazette , amend the Schedule referred to in subsection (I) . Declaration of forest reserves on the request of land authority 12. (I) Upon a written request by the appropriate Local Authority for the establishment of a forest reserve on land within its area of jurisdiction, 210 the Minister may direct the Chief Fores try Officer to carry out, or cause to be carried out, an exami nation of the land concerned and report on its suitability and financial viability as a forest reserve. (2) If the report is favourable to the establishment of a forest reserve , the Minister may, by notice published in the Gazette (a) decla re the area of land concerned to be a forest reserve from a specified date; (b) specify the boundaries and extent of the forest reserve; and (c) specify rights and obligations of the Local Authority in such reserve . (3) After the publication of the notice in the Gazette, the Chief Forestry Officer shall cause to be posted in prominent positions on or near the boundaries of the land specified in the Gaze tte notices drawing attention to the fact that it has been declared a forest reserve. Declaration of forest r eserves on State land 13. The Minis ter may, by notice published in the Gazette, declare any land held by the State to be a forest reserve after due consultations as may be required under the Land Act , 1979' , or any other law. Map or plan for each forest reserve 14. (I) The Chief Forestry Officer shall cause a map or plan of each forest reserve to be prepared and such map or plan shall be deposited in the office of the Commissioner of Lands where it shall be made available for public inspectio n on request. (2) Copies of the map or plan shall be made available on payment of a prescribed fee. Classification of r eserves 15. (I) The Minister may, by notice published in the Gazette , classify forest reserves as production or protection reserves. (2) Production reserves shall be maintained for the primary purpose of supplying forest produce on a sustained basis with due regard to the conservation of the natural resources there in. (3) Protection reserves shall be managed for the primary purpose of protecting and conserving the soil, water, vegetation and other natural resources of the reserve and only such harvesting of any forest produce shall be allowed as is compatible with the primary purpose of the reserve. Forest management plans 16. (I) The Chief Forestry Officer shall , within 120 working days of the declaration of a forest reserve, prepare and submit to the Minister for approval, a forest management plan for each forest reserve , to guide development and other activities in that forest reserve. 211 (2) In respect of existing forest reserves, a forest management plan for each forest reserve shall be prepared within 340 working days from the date of commencement of this Act . (3) A forest management plan shall contain (a) a description of the area including its size and boundaries; (b) a description of forest produce and other resources in the reserve; (c) a statementof the management objectives for the next 10years; aod (d) a description of silvicultural, harvestingand reforestation measures. (4) The Minister may approve the forest management plan, with or without modifications. (5) The Chief Forestry'Officer shall manage the forest reserve in accordance with the plan as approved by the Minister. (6) The Chief Forest ry Officer shall prepare a revised forest management plan for each forest reserve, if, in his opinion, it becomes necessary. Private forests, community forests and co-operative forests 17. (I ) Upon a written request of the holders of a1loted or leased land for the establishment of a private, community or a co-operative forest, as the case may be, the Minister may, on the advice of the Chief Forestry Officer, declare such land a private, community or a co-operative forest, as the case may be, and enter into an agreement with such holder or holders of the land for a specified term of years for any or all of the following purposes (a) managing, maintaining and utilizing a forest for the production and marketing of trees , fuelwood or other forest produce; (b) soil and water conservation; (c) plant conservation including maintaining biological diversity; or (d) public recreation. (2) The holder or holders of a1loted or leased land, which has been declared a private forest or a cooperative forest may be described , for the purpose of this Act, as the owners of the forest. (3) The existing 'Iiremo' forests and forests created by ' rnatsema' shall be classified as community forests and declared as such by the Minister . (4) An agreement in respect of a private or co-operative forest shall (a) describe the area including its size and boundaries; (b) be in writing, signed by the holder or holders of alloted or leased land or by an authorized agent on behalf of such holder or holders of alIoted or leased land and by the Chief Forestry Officer on behalf of the Government; 212 (c) contain a plan, if appropriate, of planting, thinning, harvesting and replanting indicating the species to be planted or occuring naturally and the extent of grazing, agriculturalor other activityto be allowed; (d) contain a plan, if appropriate, for soil and water conservation ; (e) containa plan, if appropriate, for settingup agro-forestry industries; (I) contain a plan, if appropriate, for the reimbursementof Government of reasonable costs of the administration, planning and management that may be incured; and (g) specify the responsibilities of the Government and the holder or holders of alloted or leased land. Proceeds from a private or co-operative forest 18. The proceeds from the sale of trees or other forest produce from a private or cooperative forest shall belong to the owners of the private or cooperative forest, as the case may be. Assistance to private or co-operative forest 19. ( I) The Chief Forestry Officer may, on request of any owners of a private' or cooperative forest, as the case may be, provide assistance in forestry to the extent feasible, which may include forest planning, agro-forestry , silviculture, tree planting, thinning, charcoal production, harvesting and sale of timber and other forest produce . (2) The Chief Forestry Officer may make reasonable charges to owners of private or cooperative forest, as the case may be, for services rendered having regard to the cost of such services. PART VI FOREST UTILIZATION Management and control of forest reserves 20. As from the effective date of continuation under section 11 or declaration under section 12, a forest reserve shall be managed, maintained and controlled by the Chief Forestry Officer in accordance with this Act. Government forestry enterprises 21. (1) The Chief Forestry Officer shall advise the Minister on the transfer of ownership, control and management of any forest enterprise owned or run by the government to individuals, groups of individuals, communities organisations or cooperatives , as the case may be, through a notification published in the Gazette, when, in his opinion, such individuals , groups of individuals, communities , organisations or cooperatives , as the case may be, have the required resources and management expertise in this regard . (2) The transfer shall be embodied in a written agreement that shall be binding 213 on both the parties, disclose the terms of transfer and shall provide that the Minister shall have a right to reclaim the enterprise if the said agreement is breached materially. Acts prohibited without licence 22. No person shall, unless authorised by or under this Act, perform any of the following acts in a forest reserve (a) cut, take or remove any forest produce; (b) graze livestock; or (c) do any act for which a licence is required by or under this Act. Licences 23. (1) Subject to the relevant forest management plan, the Chief Forestry Officer or forestry officers authorised by him may, on payment of prescribed fees, if any, issue a licence authorising the holder thereof to perform such of the following acts in a forest reserve as may be specified in the licence (a) fell and extract trees or take other forest produce from a forest reserve for a commercial purpose; (b) take any forest produce to construct or repair a dwelling house for the abode of himself and his immediate family members; (c) remove a reasonable amount of fuelwood for his domestic use; (d) in the case of inhabitants living in the vicinityof the forest reserve (i) graze specified number of livestock for specified days; (ii) remove wood for a funeral or other cultural ceremonies; (iii) plant vegetable crops of a type approved by the Chief Forestry Officer; (e) use for recreational purposes. (2) A licence issued under this section shall be subject to such conditions as may be provided therein and shall not be transferable. (3) A forestry officer may, at all reasonable times, order any person in a forest reserve, to produce a licence for any act done or committed by such person or his servants or agents for which such licence is required by or under this Act or regulations made thereunder. (4) A forestry officer may, without a search warrant, enter and search any building, and any enclosure where he reasonably suspects that forest produce in respect of which an offence has been committed under this Act, or any tool, vehicle, machinery, equipment or other article which has been used in the commission of the offence, is kept, and seize such forest produce and any such tool, vehicle, machinery, equipment or other article. (5) A forestry officer may without warrant, arrest any person, whom he reasonably suspects to have committed an offence under this Act and who 214 is unlikely to attend the court in answer to any summons addressed to him or , on being requested to supply his name and address, fails to do so or supplies a name and address , which the forestry officer believes , on good grounds, to be false. (6) A licence issued under this section shall not be valid for a period exceeding 5 years. Relief against denial of licence 24. Any person aggrieved by the decision of the Chief Forestry Officer not to issue a licence under section 23 may, within IS working days of the receipt of the decision, appeal against it to the Minister, and may, if aggrieved by the decision of the Minister, within IS working days of the receipt of the decision of the Minister, appeal against it to the High Court. Seized articles 25. (I ) All articles seized under section 23 shall be retained by the Chief Forestry Officer until the conclusion of any prosecution or compounding of the offence, or a decision not to prosecute has been taken. (2) Any article not ordered to be forfeited by the court or not confiscated in connection with compounding of the offence shall be returned to the person from whom it was seized or to any other person who appears to be entitled to it. (3) If the article seized is perishable or otherwise difficult to retain in custody safely, the Chief Forestry Officer may order it to be sold or destroyed and retain any proceeds that were obtained as a result . PART VII FOREST PROTECTION Fire prevention in a forest reserve 26. No person shall (a) negligently, throw down or drop any burning match or other material or any material capable of spontaneous combustion or self-ignition; (b) without authority, fire any grass or undergrowth or light or assist in light or assist in lighting a fire; (c) light or leave any fire without taking due precautions against the fire spreading and causing damage; (d) without authority , do anything in consequence of which any forest produce may be burnt or injured or may be in danger of being burnt injured, in a forest reserve. Precaution against fire 27. (I) Any person, who lights a fire near a forest reserve, private forest, community forest or co-operative forest, shall take all necessary precautions to prevent the fire from escaping beyond control and shall be liable for any damage to any forest produce caused by any failure to take such precautions, notwithstanding any efforts he may have made to prevent such damage. 215 (2) Where a fire escapes into a forest reserve from an area held or occupied by any person, that person shall be liable for any damage caused by the fire unless he proves that neither he nor anyone in his employment lit the me and that he took all possible precautions to prevent such damage. Prevention of disease 28. A forestry officer may enter upon any land and may cut and destroy any diseased, dead or dying tree likely to cause the spread of disease or to cause damage to any other tree or to forest produce or to life or property in a forest reserve. Probihibited acts 29. No person shall, without authority (a) squart, reside or build any hut or other construction; (b) allow livestock to tresspass; (c) clear, cultivate or break up land for cultivation or other purposes; (d) enter any part where entry is by notice prohibited or climb through or over any fence or gate , in a forest reserve. Damage to forest produce 30. No person shall, while lawfully removing forest produce or utilizing a licence in a forest reserve, cause any avoidable damage to other forest produce. PART VIII OFFENCES AND PENALTIES Offences 31. (I) Any person, who (a) contravenes any term or condition of a licence issued under section 23 of this Act; or (b) contravenes section 30 of this Act; or (c) knowingly receives any forest produce which has been obtained in contravention of this Act; or (d) has in his possession any forest produce which has been obtained in contravention of this Act and is unable to account satisfactorily for such possession, commits an offence and on conviction is liable to a fine not exceeding M2 500 or to imprisonment for a period not exceeding one year or both. (2) Any person, who (a) contravenes section 26 or section 27 or section 29 of this Act; or (b) injuries, alters , shifts, removes, or interferes with any beacon, 216 boundary mark or fence on a forest reserve; or (c) counterfeits, alters , obliterates, defaces, or fraudulently uses any mark used by forestry officers on any forest produce; or (d) obstructs or impedes any forestry officer in the execution of his duties, commits an offence and on conviction is liable to a fine not exceeding M5 000 or to imprisonment for a period not exceeding 2 years or both. (3) If owners of a private forest or a co-operative forest, as the case may be, infringe the agreement referred to in section 17 of this Act, they shall be guilty of an offence and on conviction liable to a fine not exceeding M5 000 or to imprisonment for a period not exceeding 2 years or both. (4) Any forestry officer , or employee of the Forestry Division who (a) solicits or receives or agrees to receive, whether or not for himself, any payment, advantage , or reward, pecuniary or not, in consideration of his doing anything in conflict with his duty or of his refraining from doing his duty ; or (b) solicits or receives or agrees to receive from any person, any payment, advantage or reward pecuniary or not, in consideration of his doing his duty; or (c) trades in government forest produce or acts as an agent for any person trading in forest produce without the prior approval of the Chief Forestry Officer, commits an offence and on conviction is liable to a fine not exceeding M5 000 or to imprisonment for 2 years or both. Increased penalties 32. Where any offence under section 31 is committed after sunset or before sunrise, or where an offence under section 31 is committed within 3 years following a previous conviction for an offence under this Act, the court may impose double the penalty prescribed for the offence under section 31. Additional orders on conviction 33. In addition to any penalty imposed for an offence under this Act, the convicting court may order that (a) any licence held by the offender is cancelled; (b) any forest produce in respect of which the offence has been committed and anything which has been used in the commission of the offence shall be forfeited to the Government; (c) where any forestry produce has been damaged, injured or removed in the commission of an offence. the offender shall pay to the Government or other owner of such produce compensation 217 equivalent to the value of the produce; and (d) the offender shall pay to the Forestry Division any fees which, had the act constituting the offence been authorized, would have been payable in respect thereof. Compounding 34. (I) A forestry officer may, where he is satisfied that a person has committed an offence under section 31(1) or (2) of this Act, and such person consents in writing to compounding the offence under this section, compound such offence by accepting (a) a sum of money not exceeding one-half of the maximum fine prescribed for the offence, augumented in accordance with section 33 in appropriate cases; (b) payment of any fees that may be due or which would have been due if the act had been authorised under this Act, on forest produce in respect of which the offence has been committed; (c) if the forest produce has been damaged, injured or removed in the commission of such offence, a sum of money not exceeding the value of such produce. (2) The compounding of an offence by any person under this section shall be a bar to any further proceedings against that person in respect of that offence. (3) Where any property has been seized in connection with the offence compounded under this section, the forestry compounding the offence may, if such property belongs to the offender, either release it to him on payment for a sum of money not exceeding the value thereof, or confiscate it for the Government. (4) No offence in respect of which a prosecution is actually pending shall be compounded under this section otherwise than with the consent of the court before which such prosecution is pending. Prosecution of offences 35. (I) On the informationof a forestry officer the Director of Public Prosecutions may conduct any prosecution that may be necessary under this Act. (2) In accordance with section 9 (c) of the Central and Local Courts Proclamation 1938, a Central or Local Court is, within its jurisdiction, authorised to administer this Act. Presumption 36. For the purpose of prosecutions or any legal proceeding under this Act, it shall be presumed that forest produce or any building, machinery, equipment or other property on a forest reserve belongs to the Government. . 218 PART IX MISCELLANEOUS PROVISIONS Common law remedies not affected 37. Nothing in this Act shall take away or interfere with the right of the State or any person to recover, at common law, compensation or damage for injury caused by an offence committed under this Act. Liability of forestry officers 38. No action shall lie against the Chief Forestry Officer or an officer or other employees of the Forestry Division for any injury to or loss sustained by any person in consequence of anything done under this Act unless such injury or loss arose out of a malicious, fraudulent or grossly negligent act of any such officer. Sale of forest produce and determination of charges 39. (I) The Minister may, by order (a) in respect of any forest reserve, determine tariffs, which may vary according to circumstances, for the sale of forest produce therefrom and for the grazing of livestock thereon ; (b) determine the charges to be lievied in respect of any services rendered by forestry officers or other employees of the Forestry Division. (2) The determination referred to in subsection (I) of this section, shall be stated in any licence that may be issued under section 23 of this Act. (3) The quantity of forest produce which may be removed by a licensee, the method of removal, the seaso n or times during which the forest produce may be removed, shall be determined by the Forestry Division and stated in the licence. Forestry promotion and extension services 40 . The Chief Forestry Officer shall (a) coordinate sufficient and appropriate education and extension services to sensitise th e Basotho Nation as to the potential and value of fores try in a cost effective manner; (b) provide cost effective advice by properly qualified staff and such other support as may be appropriate to any individual , group or organisation requiring it and to monitor the extent of its adoption , wherever possible. (c) submit an annual report to the Minister providing details of progress made under this section. Regulations 4 1. (1) The Minister may make Regulations for the management of forests and 219 for implementation of this Act, and in particular for (a) establishing the agroforestry industries ; (b) establishing terms and conditions of any licence or agreement ; (c) prescribing criteria for the issue, termination , cancellation , suspension or extension of licences required under this Act; (d) Prescribing the rules regarding the reporting of information concerning the utilizationof forest and forest produce, and prescribe the form, contents and manner of making required reports ; (e) regulating the use of roads in a forest reserve by the travelling public; (I) the grazing of livestock and the manner in which pasturage shall be used; (g) the impouding of livestock, whether trespassing or found grazing in a forest reserve in excess of the number permitted in a grazing licence, the imposition of pounding fees and charges in respect thereof, the imposition of special fines in respect of any animal in excess of permitted number and the recovery of damage done to forest produce by such livestock; (h) hunting or fishing in forest reserve; (i) providing for the registration of forest property marks and regulating their use; (j) regulating the transport of forest produce and, in particular, requiring or prohibiting any means or route of transport and prescribing the conditions for its use, requiring transit, import and export of forest produce through specified points, prescribing the documentation required to accompany forest products during transportation; (k) entry into forest reserves subject to the rights of travelling public; (I) prescribing the procedure for modifyingor terminationan agreement with the owners of the private forest or co-operative forest , as the case may be; (m) prescribing soil conservation and other measures for dongas ; and (n) any other purpose connected with the implementation of this Act. (2) The Minister may, by Notice published in the Gazette amend the penalties provided in this Act and adjust them accordingly. Repeals and savings 42. (I) The Forest Act 1978, the Forest Regulations, 1980, and the Forest Fund Regulations, 1983, are repealed. (2) Notwithstanding such repeal, all Regulations, Notices and Orders made under the Forest Act, 1978, shall, in so far as they are not incompatible w;th th;< Art continue in force as if they had been made under this Act. 220::...- (3) All licences issued under the Forest Act, 1978, shall, in so far as they are not incompatible with this Act, continue in force in accordance with their terms . NOTE I. Act No. 22 of 1968 2. No. II of 1978 3. L.N. No. 129 of 1983 4. Act No. 17 of 1979 SCHEDULE LIST OF EXISTING FOREST RESERVES SECTION 11 (I) MASERU DISTRI CT RESERVE Masianokeng West Masianokeng East Khoath ela Pack Saddle Hill Matsieng Mo rija South Ha-Donki Ha-Phakalasane Mokema Upper Qeme Ha-'Mantsebo Fika-le-M ohala Ha-Khechane Ha-Rasekoai Likotsi Tsieng Tenane Hill Tree Nursery Thaba-Putsoa Sehloeane Thaba-Bosiu Ha-Khoeli Thupa-Likaka Ha-Rarnatekane Machela Ha-Mosotho Ntlo-Kho lo CODE 10019 10026 10033 10040 10057 10064 10071 10088 10095 10105 10112 10129 10136 10143 10150 10167 10174 10181 10198 10208 10215 10222 10239 10246 10253 10260 LERmE DISTRICT RESERVE Pitseng Tale Khanyane Manganeng Ha-Makhoa I Ha-Seetsa Mahobong Ha-Mpopo Serupane Plateau Ha-Rakolo Ha-Foka Tsikoane Plateau Koenaneng A PontSeng/Mphosong Kolo nyarna Ha-Makhoa II Mathokoane Leribe Plateau Qokolo Ha-Mofarnmere Ha- 'MusilPeka Bridge Tree Nursery Levi 's Nek Tlhakoli Ha-Soib ilane Mokhubu CODE 20016 20023 20030 20047 20054 20061 20078 20085 20092 20102 20119 20126 20133 20140 20157 20164 20171 20188 20195 20205 20212 20229 20236 20243 20250 20267 Seeqela II Thaba-Khupa Ha-Motemekoane/Pita Ha-Lekhutle Boqate Rock Mahloenyeng Maliele Ha-Teko Khokhotsaneng Monyakoana Khalo-la-Baroa Kholokoe Ha-Neo Bereng Ha-Rankhelepe St. Michael's - Boinyatso Ha-Nko Ha-Luka Ha-Simone Ha-Letsie Qhuqhu Nazareth Phomolong Ha-Ratau I Ha-Ratau II Ha-Lesia Lekhoareng Ha-Mokhele Ha-Rankhelepe II Ha-Ntsane Qoaling Plateau Ha Setho Tjopa Ramotsoane Makhetheng Khoiti Ntle Lifateng Ha Ralejoe Ha Tsea Motjoka Ha Ntsi Qhobosheaneng Molengoane Nqosa Nqheku Lihlohleng Masechache 10277 10284 10291 10301 10318 10325 10332 10349 10356 10363 10370 10387 10394 10404 10411 10428 10435 10442 10459 10466 10473 10480 10497 10507 10514 10521 10538 10545 10552 'Mamanka Ha-Leburu Thaba-Phatsoa Ratsotoane/Ha-Matoli Hleoheng Rampai's Nek Mohobollo Matlakeng' Fobane Koenaneng Ha-Bolofo Lenyakoane Linotsing Ha-Selai Fobane Plateau Ha-Tlalinyane Ha-Setsabi Leribe Moreneng Litlhatsoaneng Ha-Mohapi Maiseng 'Mate Ha-Ramapepe Molumong Ha-'Nena Serupane South 'Muela Kota Pela Tsoeu Khabo B Menkhoaneng Matjana Mabokeng Motsoane Khabo A Tlhakoli B Thaba Mashili Nqechane Sekhutlong Mahlabatheng Tsehlanyane Makhaketsa Khololong Qamo Ramohai Mpharane 221 20274 20281 20298 20308 20315 20322 20339 20346 20353 20360 20377 20384 20391 20401 20418 20425 20432 20449 20456 20463 20470 20487 20494 20504 20511 20528 20535 222 Hleoheng Khoarai Matobo Nkoeng Thabana Mashoma Ha Phillipe Ha Raboletse Maliphokoane Khoshane Ha Ramosebo Ha Mantsa Tbaba Mahobe Ha Sekoai HaTaka Rothe Ha Sello Ha Tholo Mokhalinyane Liqoabing Joala Boholo Ramokitimi Ha Mareka Ramokotjo Thiba Khoali Mokunutlung Lihaseng Ha Mokuane Ha Setenane Mahlelebe Ha Mothibe Makoaeleng Khubetsoana Masuaneng Ha Khonyeli Ha Konyana Tsoana Ha Popa Ha Leloko Ha Mateketa Ha Mocheko Ha Moahloli Ha Tsitso Ha Lepane Polateng Khojane Makhoaneng Mojapela . Khomo-A-Tsana Maoama-mafubelu Litaung Papalala I Papalala II Kharoai Qoqolosing " " 223 MOHALE'S HOEK DISCTRICT RESERVE Ha-Thekiso Tsoloane I Liphiring Majapereng Ha-Moiloa Seaka Tree Nursery Thaba -Tsoeu Ha-Mokhothu Qhalasi Liphiring II Tsoloane II Ha-Mahlehle Ha-Monyake Ha-Daemane Ha-Ramonate Ha-Pii Maralleng Phatlalla Mpharane Ha-'Mako Sefateng Waterfall Tri-Hoek Taung Ha-Moletsane Masemouse Ha-Potsane Ha-Sankatana Ha-Molefi Mesitsaneng Ha-Folatsane Pontseng Ha-Bolokoe Mahaneng Ribaneng Makhineng Ha-Mokhatla Ha-Masita Liphofung Letlapeng Moletsane Potomane Ha- 'Mako Lithipeng Ha Qacha Mahlalela CODE 30013 30020 30037 30044 30051 30068 30075 30082 30099 30109 30116 30123 30130 30147 30154 30161 30178 30185 30192 30202 30219 30226 30233 30240 30264 30271 30288 30295 30305 30312 30329 30336 30343 30350 30367 30374 30381 30398 BEREA DISTRICT RESERVE CODE Leshoboro Plateau 400 IO Lovely Rock 40027 Leshoboro South 40034 Ha- 'Malehi 40041 Lekokoaneng 40058 Tsereoane 40065 Mafotholeng 40072 Majaheng A 40089 Majaheng B 40096 Khoali 40106 Ha-Hlajoane 40113 Thota-peli 40120 Ha-Rakoloi 40137 Tree Nursery 40144 Thabana-tsooana 40151 Thota-Peli II 40 168 Mphunyetsana 40 175 Ha-Monethi 40182 Ha-Ntlama 40199 Ha-Ntsuba 40209 Ha-Senekane A 40216 Ha-Posholi 40223 Ha-Ncheko 40230 Ha-Senekane B 40247 Moetsuoa 40254 Ha-Mapeshoane 40261 Mokhethoaneng Plateau 40278 Tsoili-tsoili 40285 Sekhutlong/'Matholoana 40292 Ha-Khalitane 40302 Ha-Bulara Ntsirele Thaba-Chele Khikine Ha Nqetho Thuathe Sekhutloana Ha Thafeng Sekantsi Tsitsa Khabele Boithatelo Thota Mophato Masaleng Mohotloane A 224 BUTHA-BUTHE DISTRICT RESERVE Ngoana-oa-lla Butha-Buthe Plateau Ha-Thaabe Ha-Rasekila Linokong Manamela Ha-Mopeli Phoku Malefiloane Makhunoane Ha-Sebophe Motlake Tree Nursery Qakobane Ha-Benedict Qholaqhoe Kotsongkoaneng A (North) Kotsongkoaneng B (South) Ha-Zakaria Mafika-lisiu Ha-Toka Motlake B Maloseng A Maloseng B CODE 50017 50024 50031 50048 50055 50062 50079 50086 50093 50103 50110 50127 50134 50141 50158 50165 50172 50189 50196 50206 5(,213 Mohotloane B Qopo Qalaheng Sefikeng Ha Seeiso A Ha Seeiso B Lekhoareng Khohlooa Lephoi Machabana Mosili Polane Ha Nchela Ntsebe Ha Ntsuba Phoofolo Ntloana Tsoana Thaba Sione Tebalete Tsokung Matooane Tsepo Kolojane Mphunyetsane MAFETENG DISTRICT RESERVE CODE Likhoele 60014 Ha-Likupa 60021 Qalabane I 60038 Thaba-Tsoeu 60045 Tree. Nursery 60052 Lifateng 60069 Ha-Ramokoatsi 60076 Boleka I 60083 Matelile 60090 Qalabane " 60100 Ha-Matsaba 60117 Li~oeneng 60124 Tebang 60131 Kolo 60148 Ha-Ramokoatsi " 60155 Popolosi 60162 Motsekuoa 60179 Maserung 60186 Ha-Mofoka I 60193 Ha-Mofoka II 60203 Reisi 60210 Ha-Loto 60227 Ha-Patsa 60234 Mathebe 60241 224 BUTHA-BUTHE DISfRlCT RESERVE Ngoana-oa-lla Butha-Buthe Plateau Ha-Thaabe Ha-Rasekila Linokong Manamela Ha-Mopeli Phoku Maletiloane Makhunoane Ha-Sebophe Motlake Tree Nursery Qakobane Ha-Benedict Qholaqhoe Kotsongkoaneng A (North) Kotsongkoaneng B (South) Ha-Zakaria Mafika-lisiu Ha-Toka Motlake B Maloseng A Maloseng B CODE 500!7 50024 50031 50048 50055 50062 50079 50086 50093 50103 50110 50127 50134 50141 50158 50165 50172 50189 50196 50206 5(,213 Mohotloane B SOaraheng Sefikeng Ha Seeiso A Ha Seeiso B Lekhoareng Khohlooa Lephoi Machabana Mosili Polane Ha Nche la Ntsebe Ha Ntsuba PhoofoJo Ntloana Tsoana Thaba Sione Tebalete Tsokung Matooane Tsepo Kolojane Mphunyetsane MAFETENG DISfRlCT RESERVE CODE Likhoele 60014 Ha-Likupa 60021 Qalabane 1 60038 Thaba-Tsoeu 60045 Tre" Nursery 60052 Lifateng 60069 Ha-Ramokoatsi 60076 Boleka 1 60083 Matelile 60090 Qalabane U 60100 Ha-Matsaba 60117 Litsoeneng 60 124 Tebang 60131 Kolo 60148 Ha-Ramokoatsi II 60155 Popolosi 60 162 Motsekuoa 60 179 Maserung 60186 Ha-Mofoka 1 60193 Ha-Mofoka II 60203 Reisi 60210 Ha-Loto 60227 Ha-Patsa 60234 Mathebe 60241 Sechele Linakeng Tsirne A Tsirne B Liqalaneng Teetete Lebesa ' Makuni Matsoaing Mapape Malefane Sekhutlong Tiping Boiketsiso Seapi Mohomeng Mafusing Solane Moteng Boleka II Mohlakeng Likokong Ha-Leboto Ha-Ramarothole Mafeteng Mountain Qaba Nursery Manyareleng Ha Makhakhe ·Malumeng Bongalla Mokhothu Methinyeng Tajane Ramatseliso Rannakoe Malea-lea Tebelo Sehlabo Manchoko Makoanyane I Paid I 225 60258 60265 60272 60289 60296 60303 QUTHING DISTRICT RESERVE Alwyn's Kop Thaba-N~o Tree Nursery Phahameng Paballong Ha-Mosuoe Pokane Ha-Kabi Qomoqomong I Basieeng Cutting Camp Ha-Damanyane Ha-Makoloane Alwyn's Kop II Mjanyane Qomoqomong II Caswell Motole Thabaneng Mjanyane Nkornozabantu Hlalele Thaba Ntso II Makoloane Setoko Ha Komp i CODE 70011 7002 8 70035 70042 70059 70066 70073 70080 70097 70107 70114 70121 70138 70145 70152 THABA-TSEKA DISTRICT RESERVE CODE Thaba-Tseka Camp 80018 Ha-Rantsemane 80025 Ha-Sephoko 80032 Pontseng 80049 Ha-Bereng 80056 Kolbere 80063 Ha-Soai 80070 Ha-Ramalapi 80087 Ha-Leoka 80094 Man~onyane 80104 Ha-Nakeli 80111 Mohlanapeng Ha-Hiu 80128 Mohlanapeng Ha-Lethula80135 Litsoetse 50142 Tree Nursery 80159 Ha Laka Ha Makunyapane Moketane Litsoetse Ha Ntsokane 226 Masuanyane Seqhobong Ha Kabi Potomane Ha Ralinku Pontseng Taoa Moko Motulong Motsieloa Lieseleng Lekete Mokhoabong Likoaeng Moshati Khubetsoana Waterfall Lekhoesa Malephane I Malephane II Letseng Maralleng Koali • Sekhutlong Mofuro I Mofuro II Qomoqomong II Basieeng II Lebelonyane lobo Lekoele Mohale Mokekeng Auplas Mahlachaneng Patereisi Mphaki Qhoali Makhalong Mohlakoana I Mohlakoana II Ha Tlhaku Ntsie Lirnapa Rampeo I Rampeo II 226 Masuanyane Seqhobong Ha Kabi Potomane Ha Ralinku Pontseng Taoa Moko Motulong Motsieloa Lieseleng Lekete Mokhoabong Likoaeng Moshati Khubetsoana Waterfall Lekhoesa Malephane I Malephane II Letseng Maralleng Koali • Sekhutlong Mofuro I Mofuro II Qomoqomong II Basieeng II Lebelonyane lobo Lekoele Mohale Mokekeng Auplas Mahlachaneng Patereisi Mphaki Qhoali Makhalong Mohlakoana I Mohlakoana II Ha Tlhaku Ntsie Lirnapa Rampeo I Rampeo II 227 Sekhutloaneng Majakanena Shakhane Kubung Mapiletso Sekhalabateng MOKHOTLONG DISTRICT RESERVE CODE Phahameng Motsitseng Seboka Ha Lechesa Khatleli Ha Ntone Senkoase Masuoaneng Paneng Malubalube Mapholaneng Sefate Matsoapong QACHA'S NEK DISTRICT RESEllVE CODE Mosaqane I Mosaqane II Hlapalimane Liqalabeng Manteko Mohlapiso White Hill Ha Sekake Ha Nkoko Sekhalabateng Ha Paki Maboloka Ha Tsepiso Ha Mosuoe Aupulase Rankakala Ha Makoae Ramatseliso Mpharane Pampung Moshebi Hill Top Waterfall NB. Forest Reserves that do not bear any code were in the process of being gazetted at the time of compiling the above list.