Bush Burning (Prohibition) Law of Enugu State

.j ; . \ ' Bush Burning ·-------- CHAPTER1'9 BUSH BURNING (PROHIBITION) LAW bibit the burning of bush and to make provis ions for A N s L C np. 19 I.JI"' to pro . ~~m~" .. [27'" Augusl 1991} t. This Law may be cited as the Bush Burning (Prohjbition) Law. . 2 In this Law '"b~h" means any forest, tree. grassland. plantation, · or other plant 1rrow1h. whether dry or fresh: ::fire'" includes other inflammable or combustible matters~ ·'forest officer' ' means any officer in the Forestry Commission not below the rank of an Assistant Conservator of Forests; .. open place" includes farmland (whether cultivated or uncultivated). forest, grassland, thicket, meadow, park, field village square and other public places. 3. Notwithstanding anything contained in the Forest Law or any ou~er Law, no person shall (a) set fire to any forest, trees, grassland, grasses or any (b) (c) (d) other vegetation in any place; by the use or application of fire in an open place, destroy, damage or in any manner affect, any land. trees, woods, woodland, thicket, logs or other wooden matter or forest resources; except as permitted by or excused under any enactment in force in the State, set fire on anything in an open place; or .. ~~t fire to anything in such a manner as to~endanger the . ife, health or property of any other person: 4• O)A · · · . . . . . .• {a) ny J)erso n wh~ < .·· (b) contravenes, · '.Jc) a~empts to contravene· (d) .• . aid~ or ·ab , . . . · coun 1 ets any other person m contravenmg ; or se s or pro . . , . cures any other person to contravene~ . . ; '. · . ' .. · Shortt.itle I ntcrpreta t ion Prohibition o f fire. .Penalty . •• ' •.· ·i •• ·· ·· i .. ·. ,:,.. · ~. - : . . :~ ·: . ; , ·.· , •',' '" , . ,· < ·;;,~;;i~~ 366 CAP.191 Power of arr~st Prosecution not to operate as bar to civil action Bush Burnin (e) is accessory before or after the fact t contravention, · 0 such is guilty of an offence and liable . on conviction to fi d · · d f' \ · · a ll1e of o thousan naua or 111 e au t, to nnpnsonment for one ye ne (2) It is no defence to a prosecution for an offence undear. b . . . r su sectio ( 1) that the accused person has a nght or interest in anythin . n on which it is alleged that fire was set. g or place 5. ( l) The chairman of a local government, a superior police offi cer, or forest offi~er or other person authorized by any ~f them in writing, n1ay arrest without warrant any person who commits or is reasonably suspected to have coinmitted an offence against this Law. · (2) Any person arrested pursuant to subsection ( l) shall, as. soon as may be practicable, be arraigned before the Magistrate's Court having jurisdiction in the place where the offence was committed to be dealt with according to law. 6·. A prosecution for an offence against this Law shall not operate as a bar to any civil proceedings that may be instituted for damages ~r injury caused by the fire, set, applied or used by any person m contravention of any provision of section 3. . . · ·' SUBSIDIARY LEGISLATION · (No subsidiary legislation) ..e ~, . • . ' · r;,. ·. ' --"'~ !·4 ~,. : ....... '.,.;. I ·'