Forestry (Amendment) Act, 2019

1. Short titfe

2. Amendment of section 2 to Cap. 63:01

3. Amendment of s. 5 of the principal Act

4. Amendment of s. 6 of the principal Act

5. Replacement of s. 25 of the principal Act

6. Replacementofs. 36 ofthe principal Act

7. Amendment of s. 55 of the principal Act

8. Replacement of s. 64 of the principal Act

9. Replacement of s. 65 of the principal Act I 0. Amendment of s. 66 of the principal Act

11. Amendment of s. 67 of the principal Act

12. Amendment of s. 68 of the principal Act

13. Amendment of s. 69 of the principal Act !4. Amendment of s. 70 of the principal Act

15. Amendment of s. 71 of the principal Act

16. Replacement of s. 72 of the principal Act

17. Amendment of s. 73 of the principal Act

18. Amendment of s. 74 of the principal Act

19. Replacement of s. 81 of the principal Act

20." Amendment of s. 86 of the principal Acr 2 Forestry (Amendment) No. 7 An Act to amend the Forestry Act ENACTED by the Parliament of Malawi as foilows- Shorr title 1. This Act may be cited as the Forestry (Amendment) Act, 2019. Amendment of 2. The Forestry Act (hereinafter, referred to as the "principal section 2 to Act") is amended, in section 2, in the definition of the word "forest C.up.63.01 produce", by inserting the word "charcoal" immediately after the word "sawdust". Amendment of 3. Section 5 of the principal Act is amended, by deleting the s 5 of the word, "." at the end of paragraph (n) and substituting it with the principal Act following new word, ";" and by inserting immediately after paragraph (n), the following new paragraphs (o) and (p}- "(o) ensuring that there is a proper collection, organization and maintenance of information, data or records relating to forests in Ma lawi and that such information, data or records are easily accessible by the public; and (p) establishing mechanisms to promote informed stakeholder and pubiic consultation and participation in forest- related decision-making process.". t\ mendrnent c r 4. Section 6 of the principal Act is amendec\- s 6oithe principal Act (a) by deleting the words, "an officer" in side note and substituting them with the word, "officers"; (b) in line ! , by deleting the word "and" and substituting it with the word "an"; !C) at the end of sub-paragraph (iv) of paragraph (b), by deleting the word,"." and substituting it with the following new word, "; and," (d) by inserting a new paragraph (c) as follov,s- "(c') carry and use firearms in the process of conducting an inspection and other law enforcement activities."; and (e) by renumbering the current provision as subsection (I) and inserting new subsections (2) and (3) as follows=- "(2) When acting in accordance with his duties under this Act, an officer shall be deemed to be a person in the service of the Cap 14:08 Government under section 2 of the Firearms Act, (3) The Minister shall. by order published in the Gazette, specify, by name' or rank, officers or class of officers who shall bf' authorized to carry or use firearms under this Act.". No. 7 Forestry. (Amendment) 3

5. Section 25 of the principal Act is repealed arid replaced with Replacement the following new section 25- of s. 25 of the principal Act "25.--( I) The Director of Forestry may enter into Co- agreements with local communities, local government· management authorities, non-governmental organizations or private of forest reserves sector partners for the development and implementation of management plans for the principal purpose of forestry conservation. (2) The Director of Forestry shall only enter into an agreement referred to in subsection ( 1 ), if- (a) the agreement does not perm it the extraction of natural resources for commercial purposes; (b) the uses in the agreement are lawful and the other party has obtained the necessary permit or I icences for the uses as required under this Act or any other written law; and (c) tile uses in the agreement are specifically described in an existing management plan for the area.".

6. Section 36 of the principal Act is repealed and replaced with R~placement the following new section 36-- ot_s.3_6oflhe principal Act "36.-( I) Notwithstanding anything 10 the contrary Forest contained in this Act, the Minister may authorize the plantation Director of Forestry to enter into a forest plantation agreement agreement with a non-governmental organization, local community or private party to plant trees in public land. (2) The agreement referred to in subsection (1) shal!- (a) only permit the growing and management of the tree species specified in the agreement and in accordance with plantations management plan for the area; (b) convey the right to harvest the forest plantation in accordance with the terms of the agreement; (c) specif) the obi igations of the parties; and (d) only al low the other party to utilize the land for commercial purposes. of planting, managing and harvesting trees, if- 4 Forestry (Amendment) No. 7 (i) the parties agree to a partnership that fosters conservation, sustainable use, equitable access and sharing of the benefits arising from the trees; (ii) the uses in the agreement are !awful and the other party has obtained the necessary permit or licences for the uses as required under this Act or any other written law: and (iii) the uses in the agreement are specifically described in an existing management plan for the area. (3) ln a II agreements entered into pursuant to this section, the State shall retain al! rights of ownership of public land and the natural resources and shall not convey to the other party a leasehold title, easement or ownership in fee, except for rights to planted trees a provided under section 3 7. ( 4) The Director of forestry may, before the commencement of an agreement under this section, reqt1 ire the other party to pay rent, royalty or a fee as consideration in the agreement and the money realized from such rent. royalties or tees shal I be paid into the Fund.". /\111er.J111e111 of 7. Section 55 of the principal Act is amended, in subsection s. 55 of' the (2).- princrpal Act (a) in the first line, by deleting the word, "the" and substituting it with the word. "The"; (b) at the end of paragraph (fJ, by deleting the word,"." and substituting it with the following.·'; and"; and (c) after paragraph (jl, by inserting a new paragraph (g) as follows-· ''(g) such sums as may be received as a result of agreements entered into in accordance with sections 25 or 36.". Replacement 8. Section 64 of the principal Act is repealed and replaced with ·)f s. 64 of the principal A.;t the following new section 64- Offences '"64.--{ I) Any person who, without authority under relating co th is Act- forest reserves and (a) fells, cuts, takes, destroys, removes, collects, protected forest areas uproots ,tri) tree and other vegetation or forest property ir. a forest reserve or protected forest area. No. 7 Forestry iAmendmenti 5 commits an offence and shall, upon conviction, be liable to a fine of KS,000,000 and to imprisonment for a tern, of ten years; (b) connives with or causes another person to fell, cut, take, destroy, remove, collect, uproot any tree and other vegetation or forest property in a forest reserve protected forest area, commits an offence and shall, upon conviction, be liable to a fine of Kl 0,000,000 and to imprisonment for a term of fifteen years; (c) squats, resides, erects a building, hut, livestock enclosures or any structure in a fo: est reserve or protected area, comm its an offence and shall, upon conviction, be liable to a fine of K5,000,000 and to imprisonment for a term of ten year'>; , (d> clears, cultivates, digs or breaks up land for any road or for any purpose whatsoever and grazes I ivestock in a forest reserve or protected areas, commits an offence and shall, upon conviction, be liable to a fine of K5,000,000 and to imprisonment for a term of ten years; or (2) In addition to the penalty provided under ubsection (l), any crop, structure or equipment involved in the commission of the offence shall be confiscated and forfeited to the State.".

9. Section 65 of the principal Act is repealed and replaced with Replacement the following new section 65- or s 65 of the "65.--( I) A person who lights. or causes to bi: lit, a Offences pnncipat Act fire in a forest reserve, protected forest area, vi I lage relating 10 forest arc-a or plantation in contravention of section 39, fire commits an offence and shall, upon conviction, be ! iable to twenty years imprisonment with no option of a fine. (2) A person who permits a fire to bum out of centre 1 in, or to spread to, a forest reserve, a protected forest area, a village forest area or a plantation comm its an offence and shall, upon conviction, be liable to ten years imprisonment with no option of a fine. 6 Forestry (Amendment) No. 7 (3) A person who, without reasonable cause, refuses to assist in averting or extinguishing a fire when required to do so as required under section 41, commits an offence and shall, upon conviction, be liable to a fine of KS00,000 and to imprisonment for a term of one year.". Amendment 10. Section 66 of the principal Act is amended by- of s. 66 of the principal Act (a) deleting the figure "10,000" and substituting it with the figure "5,000,000"; and (b) deleting the word, "five" and substituting it with the word, "ten". Amendment of 11. Section 67 of the principal Act is amended, by deleting the S. 67 of the figure, c, l 0,000" and substituting it with the figure, "2,000,000". principa. Act Amendment 12. Section 68 of the principal Act is amended by- ors 68 of the principal Act (a) deleting the figure "I O.Ooo·· and substituting it with the figure ''5,000,000"; and (h) inserting a new subsection {J). as follows- ·'(J) A person who, without a licence or perm it- ta) engages in the production, possession, trafficking or sale of charcoal commits an offence and shall be: liable, upon conviction, to a fine of K:5,000,000 and to imprisonment for a rei m of ten years; or (b) possesses, trafficks or sells round wood commits an offence and shall. upon conviction, be liable to a fine of Kl 0,000,000 and to imprisonment for a term of twenty years.". Amendment l3. Section 69 of the principal Act is amended, by deleting the of s. 1>1) of th figure, "I 0, 000" and substituting it with the figure, "2,000,000". principal Act Amendment of 14. Section 70 of the principal Act is amended by- s 70 of the pnnripai Act (a) deleting the figure, ·' I 0,000'' and substituting it with the figure. ''5.000.000.': and (b) deleting the word. "rive" and substituting it w ith the word, "ten". A,ncr,(l111en1 of 15. Section 7 l of the principal Ad is amended, by deleting the s. 71 or the figure" I 0, 000" and substituting it with the figure "5.000.000". rnr.c1pal Act Replacement of 1 G. Section 72 of the principal Act is repealed and replaced with s _~2 of the a new section 72 as follows- principal Act No. 7 Forestry (Amendment)_ i "72.--(1) A person who contravenes the provisions Offences of section 44 commits an offence and shall, upon relating to conviction, be liable to a fine of KS,000,000 and to deposition of litter and imprisonment for a term of ten years. waste (2) In addition to the penalty provided under subsection (I), the person convicted of the offence shall also be responsible for the cost of the removal of the deposited I itter or noxious waste from the forest reserve, protected forest area or vi II age forest area concerned.".

17. Section 73 of the principal Act is amended by- Anienfment of s. 73 of the (a) deleting the figure, "I 0,000" and substituting it with the principal Act figure, "I 0,000,000"; and (b) deleting the word "five" and substituting it with the word "fifteen, '. '18. Section 74 of the principal Act is amended by inserting a Amendment new subsection (3) as follows- of_s. ?4ofrhe principal Act "(3) Any property forfeited to the Government pursuant to sub-section I (a), shall be dealt with in the manner that the Minister responsible for Natural Resources shall direct.".

19. Section 81 of the principal Act is repealed and replaced with Replacement a new section 81 as follows- ofs. 81 of the principal Act •• 81.----(1) A person shallnot make or sell charcoal Charcoal from indigenous tirn ber or tree, except pursuant to a licensing licence issued under this section. (2) Notwithstanding any provision of this Act, any officer shal I not be al lowed to issue a charcoal licence under this section other than the Director of Forestry. (3) Upon application in the prescribed form, the Director of Forestry may, where he finds that the making of charcoal shall utilize plantation timber or indigenous timber or trees consistent with the app I icable forest management agreement plan or forest management agreement or forest plantation agreement or concession agreement issue a licence to an applicant to make charcoal in such quantity and from such timber or trees as may be specified in the licence. ( 4) The Director of Forestry sh al I not issue any licence under this section where the applicant has not submitted a reforestation plan or a forest management plan approved by the D irecror of Fores try. . 8 Forestry (Amendment) No. 7 (5) A person shall not import or export charcoal or a charcoal product without a licence or permit issued by the Director of Forestry. (6) The Minister may, in consultation with the Minister responsible for Finance, make regulations providing for incentives in the energy sector, as a way of promoting alternative sources of energy and energy saving technologies, in order to reduce over- dependence on charcoal and firewood. (7) Without prejudice to the generality of subsection (6), the regulations made thereunder may prescribe- (a) the type of alternative sources of energy and energy saving technologies to be promoted; (b) the kind of taxes to be waived and the length of the period within which the taxes may be waived; and (c) anything that may require to be prescribed.". Amendment 20. Section 86 of the principal Act is amended- ors. 86 of the principal Act (a) numbering the paragraph as a subsection (1 ); and (b) by inserting a new subsection (2) as follows- ·'(2) Notwithstanding the provisions of section 21 (e) of the Cap. !·Ol General Interpretation Act, the regulations made pursuant to this ection may create offences in respect of any contravention to the regulations or a condition of any licence issued under this Act, and may for any such contravention, prescribe penalties for up to KS.000,000 and to imprisonment for a period of up to ten years.". Passed in Parliament this fourteenth day of February, two thousand and twenty. FIONA l(ALEMBA Clerk of Parliament Printed and Published by THE Gov£RN~1l:"T f>R1NTf.R. Lilongwe, Malawi-6322-{Pnce K500.00)