The Forestry Amendment Act, no. 4 of 2022

Short title. No. 4 2022 Sierra Leone THE FORESTRY (AMENDMENT) ACT, 2022 Being an Act to amend the Forestry Act, 1988 and to provide for other related matters. [ ] ENACTED by the President and Members of Parliament in this present Parliament assembled. Date of com mencement. ACT Supplement to the Sierra Leone Gazette Vol. CXLXIII, No. 9 dated 3rd March, 2022 SIGNED this 10th day of February, 2022. DR. JULIUS MAADA BIO, President. LS Passed in Parliament this 13th day of January , in the year of our Lord two thousand and Twenty Two. PARAN UMAR TARAWALLY, Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. PARAN UMAR TARAWALLY, Clerk of Parliament. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 9 OF 3RD MARCH, 2022. 6 No. The Forestry (Amendment) Act, 2022 No. The Forestry (Amendment) Act, 2022 No. The Forestry (Amendment) Act, 2022 1. Section 1 of the Forestry Act, 1988 is amended by (a) repealing and replacing the definition of (i) "Forestry Division" with the following new definition "Forestry Division" means the Forestry Division of the Ministry of the Environment; (ii) "Minister" with the following new definition "Minister" means the Minister of the Environment; (iii) "Chief Conservator" with the following new definition "Director of Forestry" means an officer in the Public Service appointed as the Director of the Forestry Department in the Ministry of the Environment or such other person as the Minister may appoint to perform the function of the Director of Forestry; (b) by substituting the title "Chief Conservator" with "Director of Forestry"wherever it occurs. 2. Section 28 of the Forestry Act, 1988 is amended by repealing and replacing that section with the following new section 28. (1) A person who, without lawful authority, cuts, burns, uproots, damages or destroys a tree, removes timber or other forest produce, clears land, builds a road or structure, takes cork, clay sand, gravel or stone, cultivates crop, grazes animal,or conducts forest operation, in a national, commercial or community forest, commits an offence and is liable on conviction to a fine not less than Le15,000,000.00 or to a term of imprisonment not exceeding 12 months or to both such fine and imprisonment. (2) A person who, without lawful authority, cuts, burns, up-roots, damages, or destroys vegetation in a national, commercial, or community forest, commits an offence and is liable on conviction to a fine not less than Le10,000,000.00 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (3) A person who, without lawful authority, cuts, burns, uproots, damages or destroys a protected tree in a national, commercial or community forest, commits an offence and is liable on conviction to a fine not less than Le15,000,000.00 or to a term of imprisonment not exceeding 12 months or to both such fine and imprisonment. (4) A person who, without lawful authority, destroys, moves or alters a boundary mark placed by the authority of the 2 3 Amendment of Section 1 of Act No.7 of 1988. Amendment of Section 28 of Act No.7 of 1988. "Offences. No. The Forestry (Amendment) Act, 2022 No. The Forestry (Amendment) Act, 20224 5 Director of Forestry to mark an area for the purpose of this Act, commits an offence and is liable on conviction to a fine not less than Le10,000,000.00 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (5) A person who, knowingly and falsely represents that a wood or wood product has been graded or meets standard grading rules, commits an offence and is liable on conviction to a fine not less than Le 30, 000,000.00 or to a term of imprisonment not exceeding 12 months or to both such fine and imprisonment. (6) A person who, counterfeits or unlawfully affixes to a forest produce, a mark used by forest officers to indicate that such product is the property of the Government or that it may be lawfully felled, taken or extracted, or that it has been inspected or graded in any category, commits an offence and is liable on conviction to a fine not less than Le15,000,000.00 or to a term of imprisonment not exceeding 2 years or to both such fine and imprisonment. (7) A person who, without lawful authority, makes, uses or possesses a brand, stamp or mark used by forest officers for official purposes under this Act, commits an offence and is liable on conviction to a fine not less than Le30,000,000.00 or to a term of imprisonment not exceeding 12 months or to both such fine and imprisonment. (8) A person who knowingly makes false or incorrect statement, report or entry of an information required under this Act or regulations made hereunder, commits an offence and is liable on conviction to a fine not less than Le10,000,000.00 or to a term of imprisonment not exceeding 3 months or to both such fine and imprisonment. (9) A person who, obstructs or hinders a forest officer in the exercise of his powers and duties under this Act, commits an offence and is liable on conviction to a fine not less than Le10,000,000.00 or to a term of imprisonment not exceeding 3 months or to both such fine and imprisonment."