Forest (Amendment) Rules, 2007

8th. SEPTEMBER, 2007 No. S 48 FOREST ACT (CHAPTER 46) FOREST (AMENDMENT) RULES, 2007 ARRANGEMENT OF RULES Rule 1. Citation and commencement. 2. Amendment of rule 2 of R1 in Chapter 46. 3. Amendment of principal Rules. 4. Insertion of new Part IIA. 5. Amendment of rule 4. 6. Amendment of rule-So 7. Amendment of rule 6. 8. Amendment of rule 8. 9. Amendment of rule 10. 10. Substitution of rule 11. 11. Amendment of rule 13. 12. Amendment of rule 14. 13. Amendment of rule 15. 14. Amendment of rule 17. 15. Amendment of rule 19. ~-------------------- .--- .. 16. Amendment of rule 21. 17. Amendment of rule 23. 18. Insertion of new rule 27B. 1439 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 19. Amendment of rule 30. 20. Amendment of Second Schedule. 21. Amendment of Third Schedule. 22. Addition of new Fourth Schedule. +~ ' ' "- H" "' ~' " ' " ' ...... •• " H .~~ . "H' .• • • ~ , . . . ~ 1440 8th. SEPTEMBER, 2007 FOREST ACT (CHAPTER 46) FOREST (AMENDMENT) RULES, 2007 In exercise of the power conferred by section 52(11 of the Forest Act, the Minister of Industry and Primary Resources, with the approval of His Majesty the Sultan and Yang Di-Pertuan, hereby makes the following Rules Citation and commencement. 1. These Rules may be cited as the Forest (Amendment) Rules, 2007 and shall commence on the same date as the Forest Act [Amendment] Order, 2007. Amendment of rule 2 of Rl in Chapter46. l 2. Rule 2 of the Forest Rules, in these Rules referred to as the principal Rules, is amended - . [a] by deleting the definition of 1I0 id forest"; fbJ by deleting the definition of "section" . . Amendment of principal Rules. 3. The principal Rules are amended by repealing Part II. Insertionof new Part IIA. 4. The principal Rules are amended by inserting the following new Part immediately before Part III "PART IIA TRESPASS INOR UPON STATE LAND Wilful trespass in or upon State land. ·· ~ ·· ·---·---~A;-"-Any-pe·rS(5n"-·Wh()-"withoursa1isfacloty-excuseWilfuUy-lrespasses"ln--------------­ any manner in or upon any State land is guilty of an offence.". 1441 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Amendment of rule 4. 5. Rule 4 of the principal Rules is amended fa) in paragraph (1) [i] by deleting "(I)" from the first line; [ii] by deleting "a Forest Officer" from the second and third lines and by substituting "the Director of Forestry" therefor; (iii) in sub-paragraph (a), by inserting "saw, convert," immediately before "or" where it appears for the first time; fb) by deleting paragraph (21. Amendment of rule 5. 6. Rule 5 of the principal Rules is amended fa) in paragraph (1), by deleting "Minister" from the second line and by substituting "Director of Forestry" therefor; fb) in paragraph (3), by deleting "any period not exceeding one month in each case" and by substituting "a period, in the case of Form 2, not exceeding one month and in the case of Form 3, not exceeding 3 months," therefor; fe) in paragraph (5l, by inserting "and the volume of forest produce to be taken by any licensee from time to time" immediately after "him" in the second line. Amendment of rule 6. 7. Rule 6 of the principal Rules is amended, in paragraph (1) fa) by deleting "Form 1" from the first line and by substituting "Forms 1 and 3" therefor; (b) by deleting "District Forest Officer" from the second line and by :---------------substTtuting-nDIre.ctor of Forestry'q1ierefor~ 1442 8th. SEPTEMBER, 2007 Amendment of rule 8. 8. Rule 8 of the principal Rules is amended by (a) in. paragraph (I), by deleting 11(1)11 from the first line; {bJ by repealing paragraphs (2) and (31. Amendment of rule 10. 9. Rule 10 of the principal Rules is amended by deleting paragraph (1) and by substituting the following new paragraph therefor 11(1) No person shall (a) fell, cut, tap, saw, convert or injure by fire or otherwise any tree; (b) burn to charcoal any timber; (e) cut, collect or remove any forest produce included in the First Schedule; on or from any land (not being a reserved forest) which has. been by notification in the Gazette reserved under the provisions of any written law for a public purpose or for a residential reserve, except under and in accordance with the conditions of a licence in Form 1, 2 or 3 issued by the Director of Forestry with the permission of the person having control of such reserved land. n • Substitution of rule 11. 10. The principal Rules are amended by repealing rule 11 and by substituting the following new rule therefor IIUse permit required in reserved forests. 11. (1) Permission to carry out any activities under section 22C(2) within a reserved forest shall be given by means of a use permit. . .. . .... . . 1~t-. AJ.L~p:RliQC!1iQ.!LfQr..Jl u~~ P~r.miLshC!lLb.e-nlCldeJ-Q-Jhe-ni.Le-ctQL.Ql---~----- .. Forestry in such form as he may determine. (3) The Director of Forestry shall issue a use permit in Form 7 and subject to such conditions as he may determine. 1443 BRUNEI DARUSSALAM GOVERNMENT GAZETTE (4l The use permit shall not be issued or renewed for a period longer than one year at a time except with the permission of the Minister. II • Amendment of rule 13. 11. Rule 13 of the principal Rules is amended, in sub-paragraph (a) of the proviso, by deleting "Forest Ranger" from the second line and by substituting "Senior Forestry Assistant" therefor. Amendment of rule 14. 12. Rule 14 of the principal Rules is amended by deleting "with the approval of His Majesty in Council" from the first line. Amendment of rule 15. 13. Rule 15 of the principal Rules is amended, in paragraph (11, by deleting lithe District Forest Officer or" from the last two lines. Amendment of rule 17. 14. Rule 17 of the principal Rules is amended, in paragraph (3) (a) by deleting "pass" from the second line and by substituting "removal pass referred to in rule 1611 therefor; (b) by deleting "be handed to the officer in charge of a checking station" from the last two lines and by substituting "on demand be produced to the officer in charge of a checking station, or any Forest Officer". Amendment of rule 19. 15. Rule 19 of the principal Rules is amended (a) in the sub-heading, by inserting "and import" immediately after "export": (b) by inserting "or import of timber into" immediately after "from" ·-----·~- in thefirstiine~,-----.--.-.-------------.-.---..----------------- -- (e) by inserting "or import" immediately after II export" in .the second line; 1444 8th. SEPTEMBER, 2007 (d) in the proviso, by inserting "or import" immediately after "export" in the first line. Amendment of rule 21. 16. Rule 21 of the principal Rules is amended by inserting "1/ immediately after "Form" in the first line. Amendment of rule 23. 17. Rule 23 of the principal Rules is amended by inserting ", Form 3" immediately after "Form 1JI in the first line. Insertion of newrule 27B. ~ 18. The principal Rules are amended by inserting the following new rule immediately after rule 27A "Forest cess. 27B. A cess is payable in respect of any forest produce removed from any reserved forest, State land, reserved land or alienated land, at the rates prescribed in the Fourth Schedule.". Amendment of rule 30. 19. Rule 30 of the principal Rules is amended fa) by deleting sub-paragraph (a); fb) in sub-paragraph (b) [i] by inserting", saws, converts" immediately after "taps" in the first line; Iii) by deleting "rule 4" from the last line and by substituting "rules 4 and 10" therefor; ············· ·· · · ·· - ·ic-j--by-deleting-sub-paragraph·.·Ic).-and..by.-substituting ..the-following . new sub-paragraph therefor "[c] fells any tree specified in the First Schedule in contravention of rule 8;11. 1445 BRUNEI DARUSSALAM GOVERNMENT GAZETIE (d) by deleting sub-paragraph (d). Amendment of Second Schedule. 20. The Second Schedule to the principal Rules is amended {a} in Form 1 [i] by deleting lithe" from the third line where it appears for the first time and by substituting "take" therefor; [ii] by deleting "Forest Officer" from the last third line and by substituting "Director of Forestry" therefor; (b) in Form 2 [i] by deleting the sub-heading "Issued under the Forest Rules"; [ii] by inserting the following immediately before "The kind " "Locality " (iii) by deleting "Forest Officer" from the last line and by substituting "Director ofForestry" therefor; [iv] by adding the following "Special conditions "; (e) by deleting Form 3 and by substituting the following new form therefor IlFORM3 LICENCE TO TAKE FOREST PRODUCE (Not Transferable) I'. This licence authorises ............ ........ ... of .... ...... .... .. to take within the locality hereunder specified, in the District of ................. , such forest produce as is hereunder described, during a period of months from the date hereof, subject to the 1446 8th. SEPTEMBER, 2007 provisions of the Forest Act (Chapter 46) and any rules made thereunder. Locality . Produce . Time when royalty is payable Place where royalty is payable Place of examination Date of issue Date of expiration . Director of Forestry Note: - This licence is issued subject also to the special conditions, if any, endorsed on the back hereof."; (d) in Form 4 [i] by deleting the sub-heading "The Forest Rules"; [ii] by deleting "Licence" from the first line and by substituting "Sub-licence" therefor; (iii) by deleting "Forest Officer" from the second last line and by substituting "Director of Forestry" therefor; (e) by adding the following new form "FORM 7 USE PERMIT---- . --- . -------------- . ------- . --------------------- ..-•. . -- ... . . ---. --- .. ------ . ------------- . -- ... (Not Transferable) Use Permit No . 1447 BRUNEI DARUSSALAM GOVERNMENT GAZETTE This use permit authorises . (I.C. No ) of and his/their servants and agents • (1) to occupy Compartment/Sub-compartment" No .. of Reserved Forest, the relevant area being described orland* delineated on the plan at the back of this permit, for the following purposes * (2) to carry out the following activities upon Compartment/Sub-compartment * No . of Reserved Forest, the relevant area being described or/and* delineated on the plan at the back of this permit, subject to the conditions herein specified and to the provisions of the Forest Act (Chapter 46). and any rules made thereunder. CONDITIONS (1) The land may be used only for the purposes or activities stated in this permit. (2) The maximum number of persons to be employed shall be (3) The holder of the permit shall submit to the Director of Forestry a list of names (together with their I.C. numbers) of all persons employed and no changes shall be made to this list without the prior approval of the Director of Forestry. ADDITIONAL CONDITIONS 1448 8th. SEPTEMBER, 2007 This use permit is valid from Fee .. , ~ . Receipt No . Date of issue . Reference No . Director of Forestry * Delete whichever is not applicable PLAN FOR AREA". Amendment of Third Schedule. .. 21. The Third Schedule to the principal Rules is amended fa) by deleting item 1fc) and by substituting the following therefor "fc) Tenderforms fb) in item 5 $15.00"; (i) by deleting paragraph fa) and by substituting the following therefor - . "fa) Entrance fee (il Students [ii] Non-students $2.00 per person $5.00 per person": [ii] by deleting paragraph fc) and by substituting the following .-----------~-------therefor=----·-..---------------....-------------....--..-----.-----.--. "fc) Park accommodation 1449 IiI Chalet Type A $15.00 per person per night BRUNEI DARUSSALAM GOVERNMENT GAZETTE [ii] Chalet Type B (iii) Chalet Type C [iv] Chalet Type D $10.00 per person per night $8.00 per person per night $8.00 per person per night": (e) in item 7, in the first column, by inserting U , per 100 trees or part thereof" immediately after "marking": (d) in item 13, by inserting " , per month" immediately after "(per landing]" in paragraph (b). Addition of new FourthSchedule. 22. The principal Rules are amended by adding the following new Schedule "FOURTH SCHEDULE FOREST CESS (rule 27B) Rate of cess per annum is $4.00 per cubic metre multiplied ,by the total volume of logs under the annual quota of a sawmill.". Made this 15th. day of Syaaban, 1428 Hijriah corresponding to the 28th. of August, 2007. PEHIN ORANG KAYA SETIA PAHLAWAN DATO SERI SETIA DR. AWANG HAJI AHMAD BIN HAJI JUMAT Minister of Industry and Primary Resources, Brunei Darussalam. 1450