Forest Regulations, 1978 (L.N. No. 12 of 1978)

Lcr:af .l\·01ice No. 12 of 1978. THE REPUBUC OF THE GAMBIA. THE FOREST ACT 1977 (Act No. 9 of 1977) REGULATIONS ( Under Section 30 of the A ct) The Forest Rc~ularions, 1978 I I) Ti.u:sc REGT.;L\Tloi-:s TT1UV be cited QS th.c i=orcst Reirubti•.rns, Shon ,itlc JC;78. antl shall l·c deemed to han~ c'ome into force on lst fanu:iry i978. and commence (2) These Rf'guJal'ions shail apply to nil forests. ::iJl lands at the rn~nt dispo~al of Government, and all lands in the provinces: Provided that these Regu.lati-)r.S shall not apply to :my area for which a notice of withdrawal has been issued pursu~,nt to section 3 of the Act. 7 In these Regulations. unless the context otherwise requires, the Interpreta• terms ,md phrases defined in t!:e Forest Act, 1977, shall have the meaning tion as assigned to them under that Act, and. in addition. "The Act" m1:ans the Forest Act, 1977; "protected land'' means any ar~a spt.'Ci11ed in Regulation I (2) to which -C,cse Regu!,,tions apply: "sale" mcuns sate. brrter, c,(changc. offer or t::,pDSc for sale, or transfer. 3. Except as provided in the Act or any Regulations made the:e Pr0nibitd under, no person shall on any protected lands lf\ cts (a) cut, fell, burn. uproot. injure. or remove any prote·::!ed tree; (b) cut. foll, bLtrn, uproot, ir.jure, or remove any t,ee, p,Jle, sap! ing, or bamboo for the purpose of sale; (c) cut or remove any wood for conversion to charcoal fvr the pur:'ose of sale; (d) cut or remove any firewood for the purpose of sale; (e) collect any flbre. rubber, gum or other substance of like nat,trc fo, the purt1ose of s:1le: ({) extract or collect any palm wine from any s·,:,e:::ies of palm trees: (g) take or gather any palm nc1ts, palm kernels. or tret fruits for the purpose of sale: 30 Poweito lffi:)tect trees and forest produce Schedule Two Head Chief etc. res ponsiblc'i1or f:re control Setting fires prohibited Power to allow fires Controlled 'burnm11:01 n,o<:tnre land permitted Public assis tance in fighting fires Smoking controlled Wind erosion ·areas (h) take or gather any wild honey for the purpose of sale. 4 {l) The Minister may, by notice in the Gazette, declare a ,y tree to be a protected tree, and :i.ny fr,rcst prod11.cc obtained from ;:ny protected land to be protected minor forest produce. and may amer d. add to or withdraw any such classtficatlon in like man:~cr. (2) The species ~f trees listed in Schedule Two ( f these Regnlati< ns shall be pr<.tected species pursuant to this Regulation. 5. The Head Chiefs, sub-chiefs, and headmen of districts, s1 h districts, towns and villages shall be responsible for the protection nf lands situated in their districts, sub-districts, town or villages from I he ravages of forest and bush fires, and where they have been found gt•I tY of any neglect of duty with such fires they may be held liable tc the pen:' prescribed for contravention. 6. Except as provided in Regulations 7, n(.l person shall set ;in) fire on E"ny protected land. 7. (I) The Conservator of Forests may, by notice in the Gazette, allow the setting of fires on any protected land for any protective or ::>ther purpose for any specified area and µeriod of time, and subjet..:t to such conditions as he may think fit. (2) Such notice shall be posted on the boundaries of any forest tll which it relates and at least during the times to which it relates. (3) Where protective burning is to be done, such notice shall be published and posied at least eight days before t!1e l>:irning t0 allow area villages to take all necessary safety precautions. 8. Burning of pasture or farmland is permitted only ·v11hcre (a) The areas to be bu1 ncd are delimited and protected by strips of land cleared of bush and grass; and (b) the burning is supervised by farmers or other concerned persons to ensure that the fire is kept vvithin the design:.itcd limits. 9. Any authorized Forest Officer may request any person to asist in controlling or extinguishing any bush or forest fire, and any person who unreasonably refuses such request shall be guilty of an ,)ffencc. IO, The Conservation of Forests may by notice in t!1~ Gazette prohibit or control smoking by any person in any forest. l 1.-(1) Except for woody vegetation strips left intact for anti erosion purposes, any farming area declared under section 27 of the Act to be a wind-erosion area must retain a minimum of twcntv mature trees per hectare or sixty young trees ·1)er hectare. • (2) The felling or mutilation uf any vegetation in a11y strip of wooded area left entirely for anti-erosion purposes ls forbidden except under the express approval and management of the Forestry Department and any p«Son who contravenes this regulation shall be gu,Hy of an offence, 31 LICENCES 12.-(l) No person shall exploit any fores! produce the value of Licences to .. :•,ich is OYer :CO Dalasis except in accordance with the tern is and con di- exo101t 1 ons of a valid licence issued by the Forestry Department. forrur y (2) Applications for licences to exploit forest produce under this l ~egulation shall be made in the prescribed form to the Conservator of i :orests. (J) Any liccnu; issued andcr this Regulation shall he registered and shall be valid for such periods of time and subject to such conditions and , he payment of such fees, including registration fees and stamp duties, i..:l the Conservator of Forests may prescribe from time to time according t > the circumstances of each case. ( 4) Any conditions pre:;cribed under subsection (3) of this Regulation nay include, but shall not be limited to, conditions concerning the specific f lrest produce to be exploited, the areas of exploitation and specific µeriod of time allowed, anti an advance deposit in an amount equal to not more than the estimated royalties for a six months period. (5) Any licence issued under this Regulation shall prescribe the amount of the annual minimum royalty for exploitation of the forest Schedule One produce as determined by Schedule One: Provided that a grace period of up to one year from the commence ment of the licence period during which no minimum royalty is payable may be granted to any licensee by the Minister. 13.-(1) A licence to exploit forest produce may be issued by the Useoftender Conservator of Forests through utilizing the Government Tender Board board to procedure. issue certain licences (2) The Conservator of Forests may, with the approval of the Minister, call upon the Government Major Tender Board to invite, examine and adjud11.:ate upon tenders to exploit such specified forest produce in such specified areas and pursuant to such conditions as he may request. (3) The procedures to be followed with respect to the calling of Cap. 70 tenders shall be as prescribed in the appropriate Financial Inshuctions. (4) The Conservator of Forests may require that fees and royalties be payable in addition to the amounts in any accepted tender. ( 5) The Major Tender Board shall not be bound to accept the highest tender. I 4. Any licence to exploit forest produce issued through the tender process pursuant to Regulation l 3 of these Regulations may be termi• nated (a) bv the Minister: Termination of licences issued through tl'nder Ge era! r ,.)v1s;oi~s orptrmlts. (i) if the liccasce or any of J1is agents vr senanls foHs to comply fully \,ith any of th~ c,,r:Jitior.s of such licence; (ii) if the licensee 1:ccomes insolVt:r,1 or his tusi;1c<;s iS wo;md up or declared bankru·::it under any faw in force in The Gan,i:;ia or any other country-; (b) by the licensee by givir,g the Minister six months notice in writing of his intention to tcrmina<.:c the licence. lj;:RMiTS 15.- (1) Any ;iermit issued under section 37 of the Act or any pe:•mit .:uth,Jrising any nets e:1umcroi('d under Regulation 3 of these Rcgu!atior.s sha!I l~e in such form ,l\ m:iy t,e ap·r:.r,·,vc,d Ly the Conservatur of Forests, shall cc,:r a pilssport si;:c :photograph of the holder, and sl:.;;.H be issued subj~ct to such conditi<.ms as may be ·i:ir,nted on the form aw;i such otl:er conditions as may he prescril.:ed at the time of issue: frovided that no permit shall be issu12d in respect of timcer or min•>r r ircst produce the va!i.:c of wh1ch is o, er \,:e huntlrctl l)al.1sis. (2) Any such permit shail be valid for six months from the date of issue at whlch time it sh:tH auto1rn:tica!ly ex·,.fre, except that the SuperviS,H" of Fl'!'l)S:s m,~~', in h's ,i:,:rc'::)n. e·,'.end 2 ·:)ey:·,:•t hr f1.rr~her'f'er'0tls not c•ceeding six months in r,ny 0;1c ex.tension or t\·•:eive monthis in t.h.c ::ggregate of extensions, an<l for each ex~..:nsion " ·1Jro-rata fee shall be payable. (3) Any permit hoider shall carry the permit with him at all times ,.-hen engaged in any activ:ty authorized by tile permit and any person who fa;!s to produce such permit on ,quest to ::ny author:sed officer shall b.: guilty of an offence. (4) Any permit shall not, except with the written permission of the Supe:.visor of Forests, authorize the holder to employ any person to ,~ssist with the activities au-thorizeu. L~y th~: pern1tt or to acl on the hoiders oehalf, and any permit holder who lransfofS ihc permit to any other iXl,S,rn or \\ ho allov,•s any other person to use su~h permit without the i)rior ap·proval of the Supervisor of Forests sh,t!! be guilty of an offence. (5) Any permit issued pursu:tnt t0 these Regu!at:ons or section 37 pf the Act may be cancelled at any time by the Conservator of Forests if foe permit holder foils to comply with any of the conditions, of such permit. (G) Within fifteen days of the expiry or cancellation of any such pcrn:it the holder sh.all cat:se tl:at permit to te returned to the office t',·om ,, hic!t it was issu,;,d. t 7) A:1y ·11erson ''•ho, 'vYithout tile :H,thor,zat:0:1 0f the Conservator ,,f Forest:;, alters, defaces, or dt>sir"ys :my valid pe.-n1it shall he guilty of uf u1~·oll(e. (8) Any pC'r111it lio!der shall pay coi1ipc11sation to the o\'vncFs of any property ·,, hi, h i.s dr:maged !.y such permit ho!der ;n the e;;ercfse of any rights conferred by the permit. 15.-( I) The foes and royalties payal-:le in respect of any permit F<'~s :,d : ;:uc,, 11n<l~r the :\ct or these Re(mbtions s:-,aii 1,e accortlin!! to the ;•ates ot::cr:;rc'.irity sd in ti,c T,,r,ir authorized undcr,Regu!ation 2! ui tile~e Regu:.ifrJ 1s and ~<>· ,,u.:dt, contained in Sd1cilulc One. Sc,i,',!ulcOnc (2) All fees payable with respect to any permit shall te paid prior tu the issue of such permit. (3) The Conservator of Forests may require any permit applicant or holder to dcp,,sit with foe Ar:l.'.ountant General a St.:m not c;icceding five l,nncirc<l L:absi:; :~s sc:::;ri~,- fur the fulfiifo:ent of anv o:}lLatvJnS under the per:,1it ,,nd s11ch sum n~av oe forfeited whC>livo/ in pa;'~ .,;1cre :;uch o ;·:ccr detcrmim• ftat permit-applicant or holder ':ms failed to fu!:ill :tny p~rn1il obligc1tions. 17. Any tree or tinfrer fror,1 a tree lo.wf11Jly derived, which h:1s not :· cen ,·emoved from the pitice of felling on the expiry of the a11thori.dng petmit r:;ay be disposed of by the Superviscr of f\lrests as he .1:1ay think :it, and the h1)ldcr of the c,\pired permit shall have no further right thereto. 18. \'/J,e,·c a permit is iSSlied for an arc:i -.vhcre a licence has alrc~1dy been gra:1tecl, the tern;s of t\c ncrmit shaH te read suh1cct to the terms of the :.;cnc.c ,, ,cl ~Jt;i.i: n0t in a,{y way affect the terms -of the J:cc:1cc, and such pcm.it s:i:;;: ::uth0ri,:c ~he taking of any tree or forest produce specified ; 1 the ;iccncc 0;1ly with the prior appro\'al of the Hcence hol<ler. Timber Iel"t nft<cr rcrmit cxpil'(.:ci Permits in Iice,1sed ar,;,,1s !9, ; y lw1dcr of a permit authorizing foe extraction or coHection Sptcbl of palm wine ;·r-::Jm the oil ~)aim (tengo) shall conduct such extraction or coHditions c",Hections onl; >- for palm wine (1:) where the tree is at least 4 metres hight and ( f,) where fa.pping is done by incising the penduncies c,f male spadices and bunches; and any person who contra·✓encs this Regulation shali be: guilty of an otfence. 20. The holder of a fuel 1,er1111t shall stack all firewood taken under s · I . pee::, s,;ch :per,.1it at such pluces and in such manner as may be specified by the com.Ii tion local forest officer. f,ir fu~t GENERAL PROVISIONS 1:er:nit 21.--( I) T:1e Conservator of Forests shall prepare a tariff (herein- Power to set after referred to ,;s "the tariff") specifying the rates of fees an{ rova1tieS1 fees. to be p;1[d. ir,r :rnvthinv ;rnthorized nr:dcr the Act:o-tS"thesc Regu!auuu-> and m:,y :;ct ~1/iCrcnt rates ror different kinds and sp9cies oftorest proctuce. (2) S:.;,;;h tariff shall be published in the ·uazctte arn1 may ill BKC manner 1:c 1:i0<lificd or cancelled fro:m time to time as the Conservator vf'Forests may think fit: Import of ForestForest 34 \rca Cudncil, (3) The Tariff contained in Schedule One of these Regulations is prescribed pursuant to this Regulation. 22. -(I) The Accountant General shall pay a royalty to each Area Council, w:th respect to the collection of any revenue from exploitation or forest produce that is within that Councils' area of jurisdiction but outside any Government forest parks and protected forests. (2) The roy«lty shall be such percentage of the total revenue from the exploitation as may be determined from time to time by the Minister. Tran'.;it 23.-(\) No timcer, 11rewood, or c\arcoal ,may be transported in passes The Gambia except in accordance with a, alid transit pass issued pursuant required to to this Regulation. transport cert3in r orc~t produ1:c produce Export of forest produce I niury tc, rc.1 dside trees (2) Any local forest officer shall issue •.vithout fee and upon presenta tion of a V,\!id permit fJr such \•roduce a transit pass authorizing the transport of any timbe:r, firewood, or char.::oal within The Gambia. (3) Any transit pas:: issued under th,s Regulation shall be in such form as may be prescr:ted by the Conse:·vation of Forest, and shall be subject to such conditions as may be prescribed thereon or as the Conser vator of Forests may sp~cify, including onditions with respect to such strict expiry dntes as may he specified from time to time. (4) Any transit pass shall be valid for only one journey, shall accompany the produce to which it refers, and shall be produced on request to any forest or Police Officer. 24.-(1) Any imported forest produce may be transported within l1e Gambia only (a) with a valid transit pass issued by an authorized officer of The Gambia; or with a valid customs document issued by The Gambia authorizing importation of such forest produce;and (b) where the country of export issues an export document for such produce with a valid export document from the country of export. 25. The export of any forest produce is prohibited except with the written permission of the Minister: Provided that lawful export of wood carvings and other souvenir objects made from forest produce may be done without prior permission from the Mln!ster. 26.-(l) Except as provided in subsection (2) of this Regulation, no person shall cut, burn, destroy, or injure any tree which has boon planted on the side of road or path except with the written consent of the Conser• vator of Forests or any other officer authorized on his behalf. (2) Where prior notice is properly given to the local forestry officer, authorized oflkers of the departments of Posts and Telecommuni cations. and The Gambia Utilities Corporation.may, without fee or. permit, fell or trim any tree interfering or likely to interfere with telephone or power lines. 35 '.:7.· ·(1) No ~awmill or other manufacturing ptant using wood :n Spcdal r;111 matt-rial shall l:c installed or operated without a valid licence issued licencL· for /·• 1· the Cnnscrvator of Forests. w,1:1d m,rn11 f.1c1urin\! (2) Licences authorizing the operation of any sawmill or other h11~in,..sm n~anufrc: ;;ring plant shall be is.,,;ed in such form as may be prescribed r<:;:iuir~J by the Conservator of ~orests and shall be subject to such conditions as may be appropriate for each circumstance and the payment of such fees ;,S may be prescribed in the tari/T. (3) '.;udt licences shall be valid for one year from the date of issue and may be rcnewaHe yearly. 28. The Conservator of Forests may require licence nr permit Power to holders to render such returns and accounts as he may specify and to require submit their books for inspection at such inter.vals as he may require. :iccoun.ing and i,1spec PENA L TIES tion of books 29. ( \) Any -person who contravenes Regulations l l, 15, l 9, 20, 26 Penalties for cir 28 of these Regulations shall 1:e guilty of an offence and upon conviction ,pecillc shnll be lir!.tle to a fine not less than 50 Dalasis or exceeding 250 Dalasis, offence, or to imprisonment for :, term not less than two weeks or exceeding six months, or both such fine and imprisonment. (2) Any person who contravenes Regulations 3, 5, 6, 8, 9, IO, 23, 24, 26 and 27 of these Reg;.;.lations shall be guilty of an offence and upon cunvict1on shall he liahle to a fine not less than 100 Dalasis or exceeding 500 Dalasls, \,r to imprisonment for a term not Jess than one month or exceeding t.velve months, or to both such fine and imprisonment. 30. Any person who contravenes any of these Regulations shall be General guilty of an offence and shall upon conviction, if no specific penalty is penalty prescritcd therefor, be liable to a fine not exceeding 250 Oalasis or to imprisonment to a term not exceeding six.months, or to both such fine ,! nd inF,i:i,onment. MlSCELLANEOUS 3 l. The Banjul and Kombo Saint Mary Lands Regulations, 1968 Rere:il~ are hereby repealed. SCHEDULE I-Tar(([ (made under Keg,ulations l6 and 21) I. Timber Trees: Trade or Br,tcmica/ Name Vernacular Royalty Name per Tree Khaya Senegalensis Jallo D35.00 Chlorophor:i regi:i Tumbuyito D35.00 Mytragina inermis FatTo D35.00 C'ciba pcntandra Ban tango D35.00 Acacia ;llbid~ Bura11sango D35.00 ,Wi11imum Grith 8 ft. 8 ,, 7 ,, 8 ., 5 ,, 3fi Botanical Name Trade or Vernacular Name Royalty per Tree Minimum Grith Cordyla africans Duto Detarium SenegaJensis Tallo Parinari excelsa Mampato Borassus aethiopium Sibo Elaeis guincnsis Tcngo ProsopsiS africana Kembo Pterocarpus <:rinacecus Keno Bombax buonopozensis Bunkungo Daniellia oliveri Santango Tamarindus indica Timbing All other species D 10.00 per tree 2. Firewood D20.00 D20.00 D20.00 D15.00 D15.00 D15.00 D15.00 015.00 D15.00 D15.00 5 " 6,, 6 " 5 " 5 ,, 6 ,, 6 " 5 " Cutting firewood for sale D25.00 per annum plus 020.00 per lorry load and D0.50 per ox-cart load. 3. Charcoal 025.00 per annum plus D0.60 per bag. 4. Palm-Wine Tapping palm-wine D50.00 per annum. 5. Posts-all species other than rhun: 0.25 per post. 6. Carvers permits (dead tre('S nnly): 050.00 per annum. 7. Fruit and Nuts-any species: D20.00 per annum 8. Palm mats and fans: D50.00 per annum. 9. Kirinting: D50.00 per annum IO. Raphia palm beds: D30.00 per annum. 11. Shrubs and grasses: (e.g. Wa Nyamo, Sis iii Nyamo Bara jambo) D20.00 per annum. 12. lncense-Churai: D10.00 per annum. 13. Honey collection: No fee. SCHEDULE TWO-Protected Species (made under Regulation 4) (a) The following are Protected Species of Trees an, .. ---·- ... ,L ..... .! Gambia: Botanical Name Acacia albida Bombax buonopozense Borassus aethiopium Chlorophora regia Cordyla africana Ceiba pentandru Defarium Senegalense Elaeis gulnensts Khaya SenegalensiS Mitragynu Stipulosa Parkia blglobosa Trade or Vernacular Name Baransango Bunkungo Sibu, Rhun Tumbuyiro Duto/Dimbo Bantango Tallo Tengo Jallo Faffo Netto Botanical Name Pterocarpus crinacco1.,s P:iri:;;1ri e·;,:e'.sa Prosopsis africana Rhizc,phora mangle ;:; hizuph, ;ra racemosa Rhizophora harnisoni Laguncularia racemosa Ta1narindus indica Trade or Vernacular Name Keno Mampato Kembo Mankwo Batanmanko Tim bingo (b) All exotic forestry spc~ies introduced to the Gambia and all trees within Forest Parks shaJI ce protected species. MADE at Banjul this 2nd day of February 1978. Y. CEESAY, Minister of Agriculture and Natural Resoureces 37