Forest Law, Chapter 49, E.R.N. no. 41 of 1955

Forest [CAP. 49 1867 CHAPTER 49 A Law for the Preservation nnd Control of Forests in Annmbra State of E.R.N. 41 of Nigeria. PART !.-PRELIMINARY l. This L1w may be cited as the Forest Law. 2. In this Law- (1 st April, l 956) "Assistant Conservator" means an Assistant Conservator of forests in the Forest Division; "cattle" includes sheep, goats, swine, horses, mules, donkeys and camels; "Chief Conservator" means the Chief Conservator of Forest in the Forest Division; "communal lands" means lands in Anambra States of Nigeria at the disposal of a community or of any chief on behalf or the community; "Commissioner" means the Commissioner for the time being chargcdwith responsibility for Agriculture; "community" means any group of person occupying any lands in accordance with, and subject to, loc,11 law and custom; "council" means a local government council established under, and in accordance with, the provisions of the u..1c;ll Government Law; "enclave" means an area completely surrounded by a forest reserve and not forming part of the forest reserve; "forest" mcludes forest reserves, protected forest or, where placed, in accordance with section 30, under the protection, control and management of the Commissioner, forest plantations or fo1 est rcserv1.:s established under the Local Government L:1w; "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 omcer appointed, under section 5, for the purpose of giving efft:ct to the provisions of this Law; 1955, 5 of J957,Jor 1958. E.N.LN. 79 or I 961. Short title. I n1cq.1rclal ion. Forest [CAP. 49 1869 "protected tree,. or "protected minor forest produce" means a�y tree or any minor forest produce declared to be such in accordance with regulations made under this Law; "timber" includes all trees, whether standing, fallen, or felled, stumps of trees and all wood, whether or not cut up or fashioned or hollowed out for any purpose; "to take minor forest produce" includes to cut, coHect, 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 State; "tree" includes palm; "working plan" means, in relation to any forest, any plan of operations or work so decided upon and described as such and approved by the Commissioner. PART 2.-GENERAL PROVISIONS 3. The Commissioner may, by notice in the Gazette, and either for the Power t to 1 . exemp ccr am .. period mentioned in the notice, or without any period assigned, withdraw persons, tribes from the operation of all or any of the ,provisions of this Law any class of or area persons, tribe or part of a tribe or any area specified therein. 4 (1) Th Co • • b . . h G d l' h Delegation of . e mm1ss1oner may, y notice 10 t e azette an su lJect to sue powers b conditions, exceptions and qualifications as he may specify, depute any CommiJ;oner. 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: specified in the notice, the person so deputed shall have and exercise such powers and perform such duties subject as aforesaid. (2) The Commissioner 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. 1870 CAP. 49] Forest Appointment of ofliccrs. Improvement of forest generally. 5. The Civil 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 Conserv;itor of Forests, may enter upon any lnnd and, with ;iny necessary workmen, may cut out and destroy any diseased, dead or dying tree or any tree likely to cause damage to any forest property or to life or property. PART 3.-CONSTlTUTION OF FOREST RESERVES AND DECLARATION OF PROTECTED FORESTS Commissioner 7. (1) The Commissioner may constitute, as forest reserves, any of the may constitute following lands- forest reserves and declare protected forests. (a) lands at the disposal of the Government; (b) any lands in respect of which it appears to the.Commissioner that the forest growth on such lands should be protected or reserved or forest gro\vlh be established. (2) The Commissioner may, by notice in the· Gazelle, declare any such lands to be a protected forest. Preliminary 8. (1) Before constituting any lands as a forest reserve, the Commissioner notific.1tion of intention to shall publish in the Gazelle a notice- create a reserve and appointment of reserve settlement officer. (a) specifying, as nearly as may be, the situation aud the limits of the lands; (b) declaring that the lands now form a protected forest; (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 community; (e) appointing an officer, hereinafter referred to as a "reserve settlement officer", to inquire into and determine the. existence, nature and extent of any rights, claimed by or alleged to exist in favour of any persons or communities or brought to the knowledge of tile said officer, affecting the lands or any other rights in or over the lancl5 which it is proposed to constitute a forest reserve. Forest [CAP. 49 1877 PART 5.-LOCALGOVERNMENT PLANTATIONS AND FOREST RESERVES 30. At the request or a council, a forest p!:1ntation or forest reserve Concrol of constituted under and in accordance with the provisions of the local local Government Law may on notification to the effect being published by the governrnenc Commissioner in the Anambra State Gazettt:, be placed, temporarily, under forcsc pl:in1:i11ons :ind the protection, control anti management of the Commissiont:r. 1-oresc reserve!\. PART 6.-LICENCES 31. (1) The Commissioner may grant licences, in such form and in such Granc of terms as he may decide, for the taking of forest produce in forest reserves. licence by Commissioner. (2) Except with the approval of the Commissioner, no licence shall be transferred. PART ?.-DISPOSAL OF FEES/\ D ROYALTIES 32. (1) All fees received under this L1w shall be paid by the officer Disposal of receiving the into the Treasury. fees and royahics. (2) Royalties received under this Law in respect of forest produce shall, when individual ownership of the land,; from which the forest produce has been taken can be proved, he paid 10 the individual owner. (3) In all other cases such royalties shall be deposited in the Treasury of a district council in the name of the local council or 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 Commissioner. (4) A local council shall not withdraw any sum so deposited or pay ,my such sum to any village, community or group of person other than in accordance with a direction from the Commissioner charged \Vilh responsibility for Local Government. (5) Before giving a direction under subsl!ction (4) the Commissioner shall consult with the inhabitants of the village, the community or lhe group of persons concerned.