Forest, Soil and Water Conservation (Amendment) Ordinance 1984 (Ordinance No. 34 of 1984)

1981 Fo"est, Snil and Water Conservation (A mendmentt GRENADA ORDINANCE NO. 34 OF 1984 Ord.34 141 I anent, .3f!th November, 1984. 8L .81~~ PAUL SCOON Governor-General. ~p Ordinance to amend the Forest, Soil and Water Conservation Ordinance. [ 30th November, 1984 ]. Enacted by the Governor-General with the advice and consent of the Advisory Council of Grenada : 1. This Ordinance may be cited as the FOREST, SOIL AND WATER CONSERVATI0l\! (AMENDMENT) ORDINANCE 1984 Short title. and shall be read as one with the Forest, Soil and Water Conservation Ordinance hereinafter referred to Cap. 129. as the principal Ordinance. . 142 Ord. 34. Forest, Soil and Wa{er Conservation iAmendments , 1984 Section 2 of principal Ordinance amended. Section 3 of principal Ordinance amended. 2. Section 2 of the principal Ordinance is amended by inserting in its proper alphabetical position the following definition : "Minister" means the Minister responsible for agriculture and 'Ministry' shall be construed accordingly. 3.-(1) Section 3 of the principal Ordinance is repealed and the following sections inserted in its place : "Establish ment of Forestry Department. Protection. 3. (1) The Minister shall establish a Forestry Department within the Ministry and generally promote the interests of Forestry within the State. (2) The Public Service Commission shall appoint a suitable person to be Chief Forestry Officer. . (3) The Forestry Department sh:<111 manage, plant and otherwise use, for Ithe purpose of the implementation of the Forest Policy of the State, any land vested in it or placed at its disposal by the Minister. 3A. The Forest Policy of Grenada 'is (a) To effect the permanent pre servation of a tree cover on such land as required for the preven tion of erosion and flooding and the protection of water supplies. (b) To effect the permanent reserva tion as forest reserves such areas • jY84 Forest, Soil and Waler Conservation tAmendmemi Ord. 34. 14J Conserva ton and ~:ilvicultural "'"lctices. Protection of Habitats. I .xtension. Recreation. Forest Resource Utilisation. Wood Processing Industries. Markets. Fducation and Training. of land as may be required to ensure the continuous supply of forest products. (c) To maintain the level of Forest growing stock, to ensure sound silvicultural practices are em ployed and to direct harvesting such that this growing stock is not reduced. (d) To protect such areas as may be I required to provide a natural and undisturbed habitat for the flora and fauna ofGrenada. (e) To encourage and assist owners and managers of forests, wood lands and plantations whether they be private or Crown Lands. (f) To create where necessary areas! within the forest to satisfy urban man's needs for recreation within a peaceful natural environment. (g) To encourage the fullest develop ment of the productive forests. (h) To encourage the establishment of appropriate forest industries. (i) To protect the consumer by ensuring well manufactured forest products are supplied in conformity with market demand. (j) To extend educational and train ing opportunities at the pro fessional, technical and voca tional level to forestry personnel. 1.44 Ord. 34. Forest, Soil and Water Conservation (Amendment) 1984 Research. (k) To initiate and conduct where possible all research necessary into Forestry to ensure fulfil ment of this Forest Policv. 4. Section 5 of the principal Ordinance is amended by deleting words "Agricultural Superintendent" and substituting the term "Chief Technical Officer in the Ministry." ~ti(:lD 118 of 5. Section 18 of the principal Ordinance is repealed prmcipa d renlaced b h c 11' .Ordinance an rep ace y t e 10 owmg section-> replaced. Forest 18. If any person shall do any of the Offences. following acts on Crown Land namely : (a) fell, cut, girdle, mark, lop, tap, or bleed any tree or injure by fire or otherwise any tree or timber: (b) cause any damage by negligence in felling any tree or cutting or dragging any timber; . (c) subject to any manufacturing pro cess or conveyor remove any forest product: (d) kindle, keep or carry any fire; (e) pasture livestock or permit live stock to trespass; (f) clear, cultivate or break up any land for cultivation or for any other purpose; (g) enter a prohibited area; he shall be liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months: Provided that nothing in this section contained shall subject any person to any penalty thereunder for any Section S of principal Ordinance amended. /984 Forest, Soil and Water Conservation (.4 .mendmenu Ord. 34 145 . ---- .~ act done in accordance with the rules made by the Minister or with the permission in writing given by a Forest Officer authorised to grant such permission or under any tenancy agreement made with the Chief Forest Officer. 6. The principal Ordinance is anended by inserting POridnCiral after section 18 the following sections- a~e:~;end~ Unlawful felling of trees on private land. Lease of permit. Penalty. 18A. (1) No person may, on private land, fell a mahogany tree of any size or any trees specified in the second Schedule to this Ordinance with a diameter exceeding six inches except under the authority of a permit issued by the Chief Forest Officer. A person who contravenes this section shall be guilty of an offence and the felling of each tree shall constitute a separate offence. (2) The reference to the diameter of a tree in subsection (1) shall be construed as a reference to the diameter measured over bark at a point five feet above ground level. 18B. The Chief Forest Officer may, on application by any person to fell a tree to which section 18A applies, issue a permit to that person. lSC. (1) Anyone who is guilty of an offence under section 18A shall on summary conviction be liable to a fine not exceeding five hundred dollars or to a term of imprisonment not exceeding six months. (2) Proceedings for an offence under section lSA may be instituted within six months from the discovery of the offence but no proceedings shall be made more than two years after the date of the offence. 146 O,d. 34 Forest, Soil and Waler Conservation (Amendment) 1984 Repeal of 65 of 1979. Amendment of Schedule to principal Ordinance. 7. The Forestry Development Corporation Law 1979 is repealed. 8. The Schedule to this principal Ordinance IS amended (a) by renumbering the existing Schedule as First Schedule; (b) by adding the following Schedule SECOND SCHEDULE Mahoe White Cedar Red Cedar Saman Teak Bullet Gommier Tapana Laurier Pine Eucalyptus Zabricot Maruba Galba Silk cotton Bois gris Bois Lait GRENADA. any species (Tabebuia) any species any species any species PRINTED BY 'I'l'ili GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE, ST. GEORGE'S. 1noA