Forest Law

CAP. 55 Forest CHAPTER 55 FOREST LA\v Arrangement of Sections PART I. - PRELIMINARY section 1 • Short title. 2. Interpretation. PART II. - GENERAL PROVISIONS 1463 3. Power to exempt certain persons, tribes or area. 4. Delegation of powers by Minister. 5. Appointment of officers. 6. Improvement of forest generally. PART III. ~ CONSTITUTION OF FOREST RESERVES AND DECLARATION OF PROTSCTED FORESTS 7. Minister may constitute forest reserves and declare protected forests. 8. Preliminary notification of intention to create a reserve and appointment of reserve settlement officer. 9. Notice of inquiry. 10. Duty of reserve settlement officer at enquiry. 11. Reserve settlement officer to have judicial powers. 12. Reserve settlement officer may join or sever claims. 13. Submission of reserve settlement officer's finding on completion of inquiry. 14. Rights may be extinguished or modified by Minister. 15. Notification of lands to be reserved and right admitted. 16. Appeals from notice specifying lands to be reserved and rights admitted. 17. Order to Minister constituting a forest reserve. 18. Revision or modification of orders constituting a fOrest reserve. 1464 Section CAP. 55 Forest 19. Extinguishment and revival of rights. 20. No new rights to be acquired without approval in lands to be constituted a forest reserve. 21. Rights in forest reserves may not be alienated without approval. 22. Non-exercise of rights. 23. Rights of way and water courses may be closed. 24. Lands and rights may be granted absolutely to Government. 25. Marking of boundaries. 26. Power to de-reserve. PART IV - ADMINISTRATION OF FOREST RESERVES AND PROTECTED FOREST 27. Control of forest reserves and protected forests. 28. Working plans. 29. Forest produce req/.lired for public purposes may be taken PART V•• - LOCAL:GOVERNHENT PLANTATIONS AND FOREST RESERVES. 30. Control of local government forest plantations and forest r e ae.r-v e s , PART VI. - LICENCES 31. Grant of licences by Minister. PART VII. - DISPOSAL OF FBES AND ROYALTIES 32. Disposal of fees and royalties. PART VIII. - REGULATIONS 33. Power of Minister to make regulations and presaribe penalties for contravention ther-e o f , 34. Power to exclude area from regulations. PART IX. - OFFENCES ARE L~GAL PROCEDURE 35. Prevention of offences. 36. Inspection of forest produce. CAP. 55 1465 Forest Section 37. Seizure of forest produce. 38. Arrest of suspected persons. 39. Onus of proof. 40. Admission in evidence of maps of forest officer. 41. Offences in respect of property and boundary marks. 42. Offences in forest reserve. 43. Saving in respect of section 41. 44. Offences in protected forest. 45. Additional penalties. 46. Forest officer may compound offences. 47. Presumption as to ownership of forest produce. 48. Defence in proceedings. 49. Legal proceedings. PART X. - REPEAL AND SAVINGS 51. Effect of certain things done under Forestry Ordinance. in Eastern Nigeria CHAPTER 55 A Law for the Preservation and Control of Forests 1st April, 1956 E.R.N. 41 of 1955, 5 of 1957, 3 of 1958. E.N.L.N. 79 of 1961. PART I. - PRELIMINARY 1. This Law may be cited as the Forest Law. Short title. Interpreta tion. In the Law-2. "Assistant Conservator" means an Assistant Conservator of Forests in tlie Forest Division; "cattle" includes sheep, goats, swine, horses, mules, donkeys and camels; "Chief Conservator" means the Chief Conservator of Forests in the Forest Division; 1466 CAP. 58 Forest " communal lands" means lands in Eastern Nigeria at the disposal of a community or of any chief on behalf of the community; "oommunity" mt:lans any group of persons occupying any lands in accordance with. and subject to, local law and custom; "council" means. a local gov e r nme nt council established under, and in accordance with, the provisions of the Local Government Law; (Cap. 79) "enclave" means an area completely surrounded by a forest reserve and not forming part of the forest reserve; "forest" includes forest reserves, protected forests or, wher-e placed, in accordance with section 30, under the protection, control and management of the Minister, forest plantations. or forest reserves established under the Local Government Law; (Cap. 79) "forest growth" includes anything growing in a forest or any tree protected under this Law; "forest officer" means any officer of the Forest Division or any officer appointed, under section 5, for the purpose of giving effect to the provisions of this Law; "Forest Division" means the Forest Division of the Ministry of A~riculture; "forest produce" includes (a) whether found in or brought from a forest or not, timber, firwood, charcoal, rubber, gutta purcha, latex, wood oil, gum, resin, natural varnish, tanning ~xtracts, tarining barks, fruits, fibres, bark and lac, and. (b) when found in or brought from a forest, (i) trees and all other parts or produce of trees not othurwi;e herein mentioned; (ii) plants, including climbers and grasses, creepers and all parts or produce of plants; (iii) wood ashes; (iv) peat, surface soil and minerals other than minerals within the meaning of any Act of Law, regulating the working of minerals; (v) gravel, limestone, rock and laterite; (vi) honey, beeswax, guano, silk-cocoons, humus, and all produce from animals; leAP. 55 Forest- 1467 "forest property" includes any stock, stores or materials owned by the Government or a council and used or intended to be used in any forest operations or any forestry work, and also boundary marks and pillars, boundary or survey beacons or signs, name plates, machinery, scientific instruments, implements, tools, buildings, tents, fences, vehicles, roads, bridges and cattle; "forest reserve" means an area constituted or deemed to have been forest reserve under this Law which shall not have ceased to be forest reserve under any e na e t merrt ; "Gazette" means the Eastern Nigeria Gazette; "girth" means the circumference of a tree measured either at a height of four feet six inches from the ground, or (if the tree is buttressed above that height) measured at one foot above where the highest buttress merges with the bole. "Government" means the Government of Eastern Nigeria; 'Lands at the 'Lands at the disposal of the Government" includes any lands which the state has acquired or may acquire by agreement or otherwise and also lands leased to the Government; "Minister" means the Hinister for the time being charged with responsibility for Agriculture; "minor forest produce" means any forest produce other than timber; "protected forest" means any area declared by notice in the Gazette in accordance with the provisions of section 7 or 8, to be a protected forest; "protected tree" or "protected, minor f'or-es t produce" means any tree or any minor forest produce declAred to be such in accordance with regulntions made under this Law; "timber" includes all trees, whether s t and i ng , fallen or felled, stumps of trees and all wood, wheth~r or not cut up or fashioned or hollowed out for any purpose; "to take minor forest produce" includes to cut, collect, gather or remove that produce; "to take timber" includes to fell, lop or girdle trees, or to carry away any timber from the lands upon which the trees have fallen or been felled, whether the trees have been felled by cutting or by removing the soil from the roots or by any other method or combination of methods; "Treasury" means, unless the context otherwise requires, the Government Treasury or a Sub-Treasury thereof in the Region; "tree" LncLudes palm; "working plan" means, in r-eLa t i.o n to any forest, any plan of pperations or work so decided upon and described as such and approved by the Minister. Forest CliP. 55 1468 PAHT II. - GENEHAL PROVISIONS 3. The Minister may, by notice in the Gazette, and either for, the period mentioned in the notice, or without any period assigned, withdraw from the operation of all or any of the provisions of this Law any clas~ of persons, tribe or part of a tribe or any ,area specified therein. Power to exempt certain persons, tribe or area. Delegation of powers by Minister. Appointment of officers. Improvement of forest generally. 4. (1) The Minister may, by notice in the Gazette and subject to such conditions, exceptions and qualifications as he may specify, depute any person, by name or office, to exercise or perform on his behalf, such of the powers, and duties conferred upon him by this Law as he may specify and thereupon, or from the date a specified in the notice, the person so deputed shall have and exercise such powers and perform such duties subject as aforsaid. (2) The Minister may, in the like manner, revoke any such notice, and may exercise any powers or perform any duties conferred upon him by this Law, notwithstanding the delegation by him of such powers or duties. 5. The Public Service Commission may appoint such officers as may be necessary for giving effect to the provisions of this Law. 6•. Any forest officer, not below the rank of Assistant. Conservator of Forests, may enter upon any land and, with any necessary workmen, may cut aut and destroy any diseased, dead Or dying tre.e or any' tree likely to cause damage to any forest property or to life or property. PART III. - CONSTITUTION OF FOREST HESERVES AND DECLAHATION OF PROTECTED FORESTS Hinister may constitute forest reserves and declare protected forests. Preliminary notification of intention to create a reserve and appointment of reserve settlement officer. 7. 8. (1) The Minister may constitute, as forest reserves, any of the following lands (a) lands at the disposal of the Government. (b) any lands in respect of which it appears to the Minister that the forest growth on such lands should be protected or reserved or forest growth on such lands should be protected or reserved or forest growth be established. (2) The Minister may, by notice in tha Gazette, declare any such lands to .be a protected forest. (1) Before constituting any lands as a forest reserve, the Minister shall publish in the Gazette a notice (a) specifying, as n~arly as may be, the situation and the limits of the lands; (b) declaring thut the lands now form a protected forests; (c) declaring whether the lands are at the disposal of the Government Or are lands coming within paragraph (b) of subsection (1) of section 7; (d) declaring that it is intended to constitute the lands a forest reserve, either for the general purposes of the Government or for the particular use and benefit wholly or in part of any class or persons or for the benefit of any comuum t y , leAP. 55 Forest- 1469 NotiCE: of inquiry. Duty of reserve set tlement officer at inquiry. 0serve uttlement fficer to. h~ve judicial pow~r Reserve· ·se ttlement officer ma~ .ioin or sever claims. Submission of reserve settlement officer's findings on completion '>f inquiry. Ge) appointing an offi.c e.r.~ hereinafter referred to as a "reserve settlement officer," to inquire into and determine the existence, nat ur e and extent of any rights, claimed by or alleged to exist in favour o£ any persons or ~ommunities or broueht to the knowledge of the said officer, affecting the lands or any other rights in or over the lands which it is proposed to constitute a forest reserve. (2) (a) If, for any reason, the reserve sett1ement officer appointed under this ection is unable to perform his duties, the Hinister may, by notice in the Gazette, appoint any person to act on his behaif or as his successor. (b) The notice so appointing may have retrospective effect for a period not exceedinr, one month. (3) The Minister may, by notice in the Gazette, revoke any notice under section 7 or 8. 9. Upon publication of the notice aforesaid, the reserve settlement officer shall. (a) immediately cause the particulars contained therein to be made known in the areas under the jurisdiction of the councils in which the lands are situated by causing the same to be read and interpreted in the local Language in every cus t omary court in the said areas under the jurisdiction of the councils, and also as far as he considers essential, by informing in writing the chiefs of the communites dwelling on, and the councils having jurisdiction over, the lands aforesaid; and (b) fix, and in the manner aforesaid, make known a period within which, and a place to or at which, any person or community claiming any rights in or over or affecting the lands which it is proposed to constitute a forest reserve shall either send in a written statement of claims to him or appear before him and state orally the nature and extent of his or its alleged rights. 10. (1) As soon as possible after the expiration of the period fixed by the reserve settlement officer, he shall (0) inquire into nnd determine the limits of the lands specified in the notice aforesaid; and (b) determine the nature and extent of any claims or alleged rights affecting the lands, which have been pr~ferred or brought to his notice. (2) The reserve settlement officer shall keep a record in writing c (a) all such claims and alleged rights; (b) all objections which may be made to such claims or alleged ri~hts; nnd. (c) nny evidence in support of or in opposition to any claim or alleged right. 11. For the purposes of the inquiry, the reserve settlement officer shall have nIl the power conferred by law upon a magistrate. 12. The reserve settlement officer may, at any time during the inquiry, join any numher of claims or seTer any cLa i.ms joined c nd , in his findings, may join any number of claims or sever any claims which were formerly joined • 13. Upon the oompletion of the inquiry, the reserve settlement officer shall submit to the Chief Conservntor for the consideration of the Minister his findings, depcribing the limits of the lands specified in the notice under section ~ Qnd setting forth, with all such particulars as may be necessary to define their nature, duration, incidence and extent, all claims and alleged rights preferred or brought to his knowledge in respect of the lands and admitting or rejecting the same wholly or in pnrt. Forest CAP 55. 1470 Rights may be ext in guished or notified hy t-Iinister. 14. Where the reServe settlement officer has admitt&d wholly or in part any right or claim and, in the o p i.n i o n of the Chief Conservator, the e xe r-c Lpe or such right or claim or any part thereof (1) would s t u Ltify t he objects of the proposed f'o r-os t rese I've; (2) would seriously hinder the efficient working of the proposed forest reserve; or (3) would eto ee r i oue damage to the proposed forest reserve; the th ni s t e 1' (a) may extinguish any such rights or claims and shall either give monetary compensation or grant in exchanGe similor rights on other similarly situated land either within or without the final bo un.Iar i e s of the forest reserve; (b) may confine or restrict any such rights or claims to certain areas either within or without the final boundaries of the forest reserve or the exercise of such rights to certain times of the year. (c) may make an enclave or so amend the boundaries of the proposed forest reserve so as to exclude, from the forest reserve, any areas over which s u c h rights or claims have been admitted. (d) may add such additional riGhts as he shall consider it just and equitable to allo, notwithstanding that the reserve settlement officer has not admitted such rights or (e) may adopt wholly, or in part, anyone or any combination of the above methods of dealing with the matter: Provided that, in altering the external boundaries of the proposed forest reserve, the Minister shall not include any area which lies outside the original limits set out in the notice published in accordance with the provisions of section 8. 15. (1) The Minister shall, thereupon, publish a notice in the Gazette specifying (a) the lands which it is finally intended to constitute a forst reserve; (b) the rights which may be exercised within the proposed forest reserve; and (c) any other special COnditions affecting the proposed for st reserve. Notification of lands to be reserved and rights admitted. (2) The notice shall be made known in the tnanner as the notice published under section 8 and to every person who, and the r-epr-e oc nt at i v e of any community which, preferred any claim or in respect ofwllich any claim wa a brought to the k nowLe dge of the reserve settlement officer. Ap po a Ls fr om notice a po c i f'y i ng l anJs to be r e s erv e d a nd ri ght s ad mi t t ed. Or de r of Hi ni ste r Co nst it ut ing ;:\ f or e .st r e s erv e. RI?vi si o n o r modificn.ti on of orders constituting <'l f o r c a t r escrV G. LCAP. 55 F ore st 16. ( 1 ) / y pors o n who has made a c-lil im on hd-s own behalf or, wh~re n cl a i m h~ s be en made o n the behalf of n communit y the r-e p r-e nc n t e t i ve o f t ha t c o mmund t y , ma y , within: t hree months of t h0 date o f publi ca ti on o f the notibe u nde r secti on 15 a ppe a L t o t he High Co ur t in whos e are a o f j ur i sd i c t i on the prop os e d f ore st r e s erv e is si tuated agai nst t ha t porti on o f the not i ce w~ich n ffe cts h is claim or the cl aim ma de on t he behalf of the c ommunity which he repre s ents . ( 2) The Ch i e f J ust ic e o f t he Hi gh Cour t may make rul us in r0 s p ~ c t of " ppe a l s a nd may in the rul e s prescribe f e es t o be pni d in r espe c t o f a ppea l s . (3 ) The dec i s io n OD nppeal o f t he Hi gh Court s hal l b e finnl. 17. (1) ilf b :r t h« time limited u nde r ae c t Lon 16 f or Dppea l inr; t o thG High Cou rt hns e l npsc d or , if t he r e has bee n a n n pponL, a f t e r t he .le t c r- ra .ino t t on o f t he a p pe a L, t he Minister mny, a f t e r taking in to considerati on the de c is io n on np pc a I o f t he Hi Gh Cour t , make 11. n order constitut ing (1S 11. fo r es t r-c nc r-vc th e L a nds ih r-c s po c t o f whi ch a n inquiry h a s bo o n held. (2) The or~e~ sh~ l l s et forth ( n ) the Li mi t s o f the La nd s whi ch c o na t i t ut.e t h» f' o r- e s t rese r ve ; a nd (b) a l l r i ghts a f fe c t i ng t h" s a me, a s set forth in t he noti ce publ ishe d under secti on 13, or estnhl i s he d by th~ court u pon appe al a~Ains t s uc h notice. (3) The orde r shal l be pu blishe d in t he Gaze t tee a nd mod e known in the s a me mnnner DB t he notice publish ed under sect ion 8. (4 ) Fr o!i1 t he dol e: of the 'publ i cation o f the order i n t ho Gaze t t e such l ands s ha l l be a forest r e s erve . 18. (1) filly orde r ma de under s ecti o n 17 may be r ov i ae d or modifi e d by the tHni sler a nd s uc ti r evi sion o r modifi c a l i on ma y b o Riv e n r etrospective effe ct. ( 2) In n ny r evi si on or motlific <1tion mnd o under this s ec tio n th e Hinist ~r mn y , after furth er inquiry if such be dee med nec ess~ry (0) e xe rc ise the powers conferr ed on hi m by s e c t ion 14; (b) a dd su ch add i t io nal rights a s he s hal l consider it just nnd equitable t o allow notWiths t anding that such rights ha d not be en admitt e d in the no t i ce published un der s ectio n 15; (c) provide for a ny or more contiguous for est reserve s being joined to for~ o n(: f orest re s erve. "No rules have been mnd e under this subsection. leAP. 55 Forest 19. Every right in or over land in respect of which no claim shall have been made to the reserve settlement officer or of which no knowledg~ shall have been acquired by t ha t officer shall be extinguished: Provided that if any pvrson shall, within one year of tha date of the public2tion in the Gazette of the notice under section 8 claim, and satisfy the Minister that he W2S possessed of, a right in respect which he might have wade n claim and that, through ignoranco of the fact that an inquiry was being held or for other sufficient r~nson, he failed to make such claim, the Ministor may direct ( 1 ) that such right shall be revived; (2) that such right sholl be modi fied; or (3) extinguished in ac cord ance with the provisions of suction 14. of 1472 Extin guishment and revival of rights. 20. During the period between the dates of the publication under section 8 of the notice of the intention to create a forest reserve and of t he order u nd o r- section 17 constituting the forest I' esarve (1) no right shall be acquired in or over the lands comprised witbin such notice otherwise than by succession or under a grant or contract in writing entered into with the approval of the Minister; (2) no act or thin~ shall be done in con travention of section 43 except th~t any right admitted in the notice published under section 15 way may be e xc r-c i s c d , to t h o e x t o n t arid in the manner described therein, by the co mrr.un.i t t i os or pe r s o ne to whom it W[JS admitted, without prejudice to any subsequent revision or modification as provided for in this Law. No new rights to be acquired without approval in lands to be constituted a forest reserve. and Rights in forest reserves may not be nlienRted vii thout approval. Non o xc r-c i ae of rights. Rights of way and watercourses may be closed Lands and rights may be granted absolutely to Govern ment. 21. (1) Without the consent of the Minister first obtained, it shall be unlawful for any purson or community to alienate, by sale, mortgage or transfer, any right admitted in an order made under s~ction 17. (2) hny sale, mortgage or transfer affected without consent shall be null anJ void. 22. hny right in a forest reserve admitted in an order made under section 17 and not exercised for a period often years shall be dee med to be extinguished. 23. Provided that another ri~ht of way or water-course is available, the Minister may, by notice in the Gazette, close any right of way or watercourse in a forest reserve. 24. Notwithstanding any customary law to the contrary, any person, and th( chief or head of any community on behnlf of the community, shall he entitled to ent~r into any agreement to grant and convey absolutely to the Government any lands, and a ny rights-in and over any lands, owned by him or it, which it is proposed to constitute a forest reserve under the provisions of this Law. LCAP. 55 Forest 1473 Harking of boundaries. Powers to de-reserve Control of forest reserves and protected forests. \vorking plans. Forest produce required for public purposes may be take n Control of Local Govern ment forest plantations and forest reserves, (Cap. 79) Grant of licences by Minister. 23. The Ni-nister may r-equir-e any person, with any necessary workmen, to enter upon any lands for the purpose of erecting any beacons or demarcating or cutting any boundary lines within and around any lands which it is proposed to constitute a forest reserve or a protected forest and around any portions of lands included as enclaves. 26. The Minister may, by notice in the Gazette, direct that, from a date named therein, any lands or any part thereof constituted a forest reserve under section 17, shall cease to be a forest reserve or part of that reserve and, thereupon from that date such lands shall cease to be a forest reserve or part of such reserve: Provided that the rights, if any, which may have been extinGuished therein, shall not revive in consequence of t he cessation. PART IV. - ADMINISTRATION OF FOREST RESERVES AND PROTECTED FORESTS 27. The protection, control and management of forest reserves and protected forest shall be exercised and directed by the Minister. 28. Where there is a working plan the Minister shall publish a notice in the Gazette setting out (a) the name and nature of the working plan; (b) a general description of the area covered by the working plan; and (c) the place or places at which a copy of the plan may be inspected by any interested person. 29. The tlinister may cause to be taken, from any forest reserve or protected forest, any forest produce, which may be required for pUblic purposes upon payment of a fair and reasonable price therefore, whi~h price shall not exceed the amount of such fees and royalt ies as may be specified in regulations made under this Law and re generally applicable in respect of the reserve or protected forest whence the forest produce was taken. PART V. - LOCH GOVl";RNfViENT PLANTATIONS AND FOREST RESERV8S 30. At the request of a council, a forest plantation or forest reserve constituted under and in accordance with the provisions of the Local Government Law may, on notification to the effect being published by the Minister in the Gazette, be placed, temporarily, under the protection, control and management of the Minister. PART VI. - LICENCES 31, (1) The Minister may grant licences, in such form and terms as he may decide, for the taking of forest produce in forest reserves. (2) Except with the approval of the Minister, no licence shall be transferreg. Lca-po 55 Forest PART VII. - DISPOSAL OF FEES AND ROYALTIES 1474 32. (1) All fees received under this Law shall be paid by the officer receiving them into the Treasury. (2) Royalties received under this·Law in respect of forest produce shall, when individual ownership of the lands from which the forest produce has been taken can be proved, be paid to the individu&l owner. (3) In all other cases such royalties shall be deposited in the Treasury of a district council in the name of the local councilor councils having jurisdiction in the area in trust for and on behalf of such village, community or group of persons as is specified by the Minister. Disposal of fees and royalties. (4) A local council shall not withdraw any sum so depositud or pay any such sum to any village, community or group of persons other than in accordance with a direction from the Minister charged with responsibility for Local Government. (5) Before giving a dir0ction under sub-suction (4) the Minister shall consult with the inhabitants of the village, the community or the group of persons conoerned. PART VIII. - REGULATIONS 33. (1) The Minister may make regulations for all or any of the purposes following and may specify the area or areas to which all or any of th ... regulations shall apply (a) providing for the mariageme nt , protection and utilization of forest reserves; (b) providing for the protection of for0st produce in forest reS2rves by (i) prescribing the tim~ at which and the manner in which the rights set forth in the order constituting the reserve may be exercised; (ii) prohibiting the taking or destruction of any specified kind of timber or minor forest produce in the exercised of such rights as aforesaid; and (iii) prohibiting the exercise of all or any of such rights as aforesaid in any specified part of a forest reserve; Power of Hinister to make regulations and pre scribe penalties for contra vention thereof. (e) regulating or prohibiting tho destruction of, or any act which may tend to the destruction of or cause injury to, any forest produce or forest growth or forest property in any forest reserve or on lands at the disposal of government; (d) providing for the control of protected foresmand the protection of forest produce in a protected forest mutatis mutandis as if such protected forest were a forest reserve; (e) regulating the kindling of fires for any purpose within a prot.ected forest or a forest reserve, and pescri bing the persons who may declare the period durin~ which fires mayor may not be allowed for any purpose; /CAP- • 55 Forest (f) prohibiting or regulating the taking of forest produce or of any specified kind of forest produced on lands attbe disposal of the Government; (g) prohibiting the possession, sale or purchase of forest prod~ce, or of any specified kind of forest produce, by any person other than the holders of licences and permits granted under this Law or by any other persons or by any classes of persons to be specified in the regulations; (h) regulating the grant, iscue of and prescribing the form that any licence or permits may take in any particular case (i) to take forest produce in forest reserves or on lands at the disposal of the Government; (iD to sell or purch~se forest produce; or (iii) to erect or operate sawmills or other manufacturing plant using wood as a raw material; (i) prescribing the procedure of fixing, and making known to the public, the fees to be paid on the application for, and the grant of, any licence or permit and the royalties anu fees to be paid by the holders thereof; (j) prescribing the persons who may declare any specified kind of tree to be a protected tree and any specified kind of monor forest produce to be protected minor forest produce under this Law, and the procedure thereof; (k) providing for, and imposing conditions in respect of the collection, payment and disposal of fees, royalties, tolls ami cost of survey and demarcation; (1) providing for the cancellation, forfeiture, termination or revocation of licences and permits; (m) providing for the remission or reduction by a forest officer of any royalty, fee or toll charged or payable under the provisions of this Law; (n) requiring the holders of licences and permits to render return~ and accounts and to submit their books ~r inspection; (0) authorizing the payment of grants and bonuses out of the public revenue for the encouragement of forestry; (p) regulating the collection, preparation and taking of forest produce; (q) regulating the marking of timber, the registration of marks and the manufacture, possession or use of marking instruments; (r) regulating the transit by land arid water of forest produce and by different means and classes of transport; (s) providing for the examination, marking, reporting or stappaGe of timber or other forest produce in transit; ICAP. 55 Forest" (t) providing for the establishments. management or control of checking stations to which timber or other forest produce shall be taken for examination by those in charge of it; and the conditions under which such timber or other forest produce shall be brought to, stored at or removed frum the checking stations; (u) regulating the snlvinv nnd disposal of drift timber; (v) prohibiting any act which may cause the obstruction of any waterway or couse danger to nClvigation; (w) providing for th~ survey, and demarcation, of any lanJs for Giving effect to the purposes of this Law; (x) providins for the establishment and maintenanoe of nurseries and for the nfforestation of lands t~ preservation and production of forest produce and the introduction of new species of tr~es or other forest produce; (y) generally for giving effect to the purposes of this Law; (2) The regulations may provide that any contravention thereof shall be pubishable by a fihe not aceeding one hundred paunds or LmprLs o nme nt not e ce e d i ng twelve months or by both such fine imprisonment. 34. The Minister may, by notice in the Gazette, exclude any area from the operation of any regul~tions made under this Law. P~RT IX - OFFENCES ~ND LEGAL PROCEDURE 35. Any forest officer, administrative officer or police officer may prevent tho co mmis s i o n of any offence unJer this Law. 36. 1l. f cr-o s't o f'f Lc e r , administrative officer or police officer rnay stop any vehicle, vessel or raft enga od in transporting or moving ~ny forest proJuce on Clny roall or inland waterway for the purpose of inspecting the produce. llilspection of forest produce. Seizure of forest produce. Any administr~tive offic0r, forest officer,37. (1) or police officer not below the rank of assistant superintendent of police, may himself, or by any person acting under his directions, seize any forest 'produce reasonably suspected of having been unlawfully obtained or being unlawfully removed and any instrument or thing reasonably suspected of huving been useJ in the commission of nny offence under this Law. (2) No suit shall lie against the officer, or person acting under his direction, in respect of any lleterioration in quality or value of any forest produce l insturment or thing seized in accorddance with the provisions of subsection (1). (3) Wh0re the person suspected of having committ~d the offunce in respect of which the forest produce has been seized hos not b0en charged and the office has not been compounded as provided in section 46,'the officer, 3ft~r obtaining an order of a magistrate, may (a) sell such forest produce and pay to the Treasury the proceeds thereof, after deducting the expenses of the sale; or !..CflP. 55 Forest (b) allocate such forest produce to the use of the Government; or (c) destroy such forest produce. 14 ? Onus of proof. 38. Any forest officer, administrative officer or police officer may arrest, without a warrant, any person who may be reasonably suspected of having committed any offence under this Law, if su~h person refuses to give his name and addz-e as or gives a name or ad.Ire s s which is believed to be false, or if there is reason to believe that he will abscond: Provided that any person so arr8sted shall be taken before a court or to the nearest police station without unnecessary delay" 39. The onus of proof that any forest produce has nat been taken in contravention of this Law shall lie upon the person in whose possession the forest produce is found. Arrest of suspected persons. ftclmission in evidence of maps of forest officer (Cap. 124) 40. Notwithstanding anything contained in tho Survey Law, all maps, plans or diagrnms made by a forest officer and approved by the Chief Conservator shall be admissible in evidence in any proceedings under this Law in a court or before a reserve settlement officer. 41. hny person who ( a) Offices in respect of property and boundary marks. ( b) forges or fraudulently uses, or aids or abets any person to forge or fraudulently use, any registered hammer or hammered mark or any mark used for denoting the ownership of any forest produce, or any other mark used by the Forest Division in connexion with the adiministration of the provisions of this Law or any mark similarly used by a council; or alters, removes, destroys or defaces any such mark placed on forest produce or any boundary mark of a forest or of any lands proposed to be LncLude d in a forest. Offence in forest reserve. shall be liable to a fine of one hundred p o u nd a or imprisonment for two years or to both such fine anu imprisonment. 42. Whoever, in a forest reserve, except with the authority in writing of a forest officer not below the rank of Assistant Conservator (a) takes any forest produce; (b) uproots, burns strips off the bark or leaves from, or otherwise damages any tree; (c) sets fire to any grass or herbage, or kindles a fire without taking due precaution to prevent its spreading; (d) smokes or lights a fire in any part of a forest reserve within which, or at a time when, smoking or the lighting of fires is prohibited.; (e) pastures cattle or permits cuttle to trespaas; (f) digs, cuts, turns or cultivates the soil or makes a farm or plantation; (g) trespasses in any part of tho forest reserve; Forest (h) constructs any dam or weir across: any river or stream or otherwise obstructs the channel of any river or stream; (i) resides or erects any bilding; (j) hunts or fishes; (k) damages, in any way, or destroys any forest property, shall be liable on summary conviection toa fine of one hundred pounds or to imprisonment for twelve months or to both such fine and imprisonment and, in addition thereto, may be required by the court to pay a sum equivalent to the fees and royalties payable on any forest produc~ removed or damaged on any forpst produce, removed or damaged and also such amount, if any, as the court may consider just as compensation for any damage done. 43. Nothing in the preceding section shall prohibit the exercise by any person or community of any right in a forest reserve if such right has been recognized in the order constituting such forest reserve except such right be restricted in accordance with other provisions of this Law. 44. Whoever in a protected forest, except as provided in section 20 (2) or except with the authority in writing of a forest officer not below the rank of Assistant Conservator, does any act or thing prohibited in a forest reserve by section 42, shall be liable on summary conviction to a fine of fifty pounds or to ~mprisonment for six months or to both such fine and imprisonment and in addition thereto may be required by the court to pay a sum equivalent to the fees and royalties payable on any forest produce removed or damaged and also such amount, if any, as the court may consider just as compensation for any damage done. 45. In addition to any pebalty imposed for an offence against the provisions of this Law or regulations made hereunder, the court may order (a) the forfeiture and disposal, as the court may direct, of any forest produce in respect of which the offence was committed, or any instrument or thing with which the offence was committed~ (b) the destruction of any farm or plantation made in contravention of section 42 in a forest r2serve, or, on the application of the Minister that the produce of the farm or plantation be confiscated and thereafter disposed of in the discretion of the Minister; Saving in respect of section 410 Offences in protected forest. Additional penalties. (c) the cancellation of any licence or permit held under this Law ; (d) that, where no licence or pe r-mi. t has been taken out and the offender should have taken out a licence or permit, a sum equal to the amount of the fees and royalties that should have been paid in respect of the licence or permit be paid to the authority of person who would otherwise have been entitled to such fee or royalty; or (e) that a portion, not exceeding one half, of any fine that may be recovered from a parson convicted by the court be paid to any purson or persons on whose info~mation the offence was detected and proved. LeAP. 55 Forest 1479 46. (1) Where a person is reasonably suspected of having committed an offence a~Rinst this Law, other than an offence under section 41, a for0st officer, not below the rank of Assistant Cohservator may, instead of taking proceedings against that person in court, compound the offence and receive from that person a sum of money by way of compensation for the offence that he is suspected of having committed. (2) On such payment being made (a) the suspected person, if in custody, shall be r~leased and no further proqeedings shall be taken aginst that person in respect of that offence; and (b) any produce seized as being liable to forfeiture shall be restored and any proceedings pending in court in respect of the same person on the same facts shall be withdrawn. (3) The officer compounding the offence may then give one of the following Jirections (a) that the full amount of such compensation shall be paid into the Treasury; (b) that a portion, not exceeding half the full amount of such compensation, be paid as a reward to the informer, and the balaDcepaid into the Treasury. 47. When in any proceedings taken under this Law, or in consequence of anything done under this Law, a question arises as to the ownership of any forest produce, such forest produce shall be presumed to be the property of the Government unless the contrary is proved. Presumption as to owner ship of forest produce. 48. It shall be a sufficient defence to any proceedings, civil or criminal, against any forest officer, or other person acting under the ,lirectionsof the Minister to show that the officer, or that other person, was in good faith, purporting to carry out the provisions of this Law. Defence in proceedinrs. 49. In any proceedings for an offence against any provision of this Law, the state may be represented by any forest officer not below the rank of Assistant Conservator or by any other forest officer authorized generally or specifically in relation to any particular proceedings or class or proceedings by writing under the hand of a forest officer not below the rank of Assistant Conservator. Legal proceedings. LeAP. 55 Forest PART X. - REPEi,L MiD SAVING 50. (1) Subject to the provisions of the part, the Forestry Ordinance ond all regulations made thereunder, is hereby repealed in Eastern Nigeria. Repeal of Forestry Ordinance and s av i ng an to existing forest reserves. ( L. of N. (L. of N., 1948 Cnp~ 75) (2) All forest reserV0S existing at the time of the coming into force of this Law shall be demed to have been constituted under and in accordance with the provisions of this Low. under the provisions of the Forestry Ordinance shall be deemed to have been made or published, given or held under the provisions of this Law. Effect of certain things done under Forestry Ordinance. (L. of N. 1948. Cop. 75) 51. ( a) ( b) hny pppointment, notice or notification, made or published; or Any inquiry or the decision or judgment of any person holding such inquiry, held or given whether at the inquiry or on appeal,