Forest Regulations

6 Forest CHhPTER 55 FOREST LilW 14 81 E.R.L.N. 230 of 1956. E.N.L.N. 70 of 1963. Regulation SUBSIDIhRY LEGISLtTION Forest Regulations made under section 33 Arrangement of Regulations 1. Citation and application. 2. Definitions. 3. Power of Chief Conservator with respect to rights in forest reserves. 4. power of the Minister. 5. Holder of right may lease such right. 6. Orotection of forestreserve and forest produce. 7. Fires and smoking. 8. Offences of selling, etc., forest produce illegally o b t n i.ne d , 9 Licences under section 31 of the Law. 10. Fee and stamp duty. 11. Terms of licence. 12. A licence to take out permits. 13. Tenders. 14. Termination of licence. 15. Issue of permit. 16. Issue of permit where licence has been granted. 17. Fees and royalites payable in respect of a permit. 18. Period of permit and value, etc. 19. Permit to be 0produced. 20. Permit to take minor forest produce. 21. Destruction, etc. of permit. 22. Holder of permit to pay compensatLon. 23. Deposit may be required. 24. Timber remaining after expiry of permit. 25. Cancellation of permit. 14&2 He gulntion 26. Transfer. 27. Return of permits upon expiry, etc. 28. Fees and royalties. 29. Fees and royalties payable in advnnce. 30. Free permits to fell. 31. Firewood. 32. Mnrking hammers and instruments to be registered. Offences. List of marked trees may be annexed to permit. 33. 34. 35. 36. 37. 38. 40. 1. ( 1 ) Marks not to be altered or effnced. Registration of mnrking hammers, etc. Timber not to be moved until marked. \.,raterways. Demnrcation of forest reserve. penalty. These regulntions may be cited as the Forest Regulntions. Citation and npplicntion. (2) These regulntions shnll apply to all Forest reserves, protected forests and to all and lands at the disposal of Government and to cummunal lands other than (a) any area for which a notice of withdrawal has been publised under section 3 of the Law; (b) any area excluded from the operation @f these regulations by a notice given under section 34 of the law; and (c) any local government plantation or forest reserve placed under the guidance and direction of the Minister under section 30 of the Law. 2~ In these regulations "the Law" means the Forest Law; Definitions. (Cap. 55). "licence" includes any agreement contracted or authority to exploit n specified area for a period of time; "permi til means an authority to exploit specified forest produce subject to the provisions of regulntion 18, or to commit specified acts in n forest reserve. specified Forest !..Ci\P. 55 14('3 3. (1) The Chief Conserv~tor may be notice in the Gazette order that free permits shQll be given for the exercise of any rights set forth in an order constituting a forest reseve. (2) Such permit shall be obtainable from an Assistant Conservator and shall state the right, specify the kind of forest produce and define the area and the period of time within which such right may be exercised. (3) Any timber or forest produce taken under such a permit shall be for the domestic use of the holder of such permit ohly and such permit shall not authorize the holder to take or destroy any protected tree nor authorize him to employ any person to assist him in taking or to take on his.behalf any timber or forest produce. (4) fUy person who, being a holder of such a permit in the exercise of the rights under such permit, (a) destroys any protected tree; or (b) employs another to assist him in taking or takes on his behalf any timber or forest produce; or (c) sells, exposes for sale or barter any timber taken by him, shall be guilty of an offence. thereof Power of Chief ConserVGtoI with respect to rights in forest reserves. Power of t he Minister. Holder of right may lease such right. Protection )f forest r e ae r-ve and forest produce. 4. The Minister may be order prohibit the exercise of all or any rights set forth in an order constituting a forest reserve for a specified period where it appears to him that such an order would be in accordance with the provisions of a working plan: Provided that the area to ~hich such an order relates shall not exceed one-quarter of the forest reserve to which it refers. 5. (1) The holde~ of a right in a forest reserve may lease such right with the approval of the chief Conservator who may impose such conditions as he shall think fit. (2) This regulation shall ruJt apply to the holder of a free permit issued uruler regulntion 3. 6. Subject to the provisions of the Law, these regulations, nnd to the provisions of any licence or permit issued thereunder, any person who on any lands to which these regulntiuns apply (a) takes any timber or protected tree or any protected minor forest produce; or (b) uproots, destroys or injures any protected tree or protected minor forest produce or any tree or plant from which any protected minor forest produce is obtainable shall be guilty of an offence. LCAP. 55 Forest 1484 Fire a nd Smoking 7. (1) An Assistlmt -C Qll§,ervator wi th the approval of the Chief Conservator may be notice prescribe the times at which smoking or the lightIngof,fTres"shTd-l---be-prehibited in any forest reserve or protected forest and the times at which the setting pfrfire to farest growth shall be allowed in any forest reserve or protected forest. (2) Any such notice shall be published in the Gazette and shall be posted at the Customary Courts in the area and on the boundaries of the forest reserve or protected forest to which it relBtes. (3) any person contravening the, provisions of any such notice shall be guilty of an o.f'f'e nc e , 8. Any person who is in possession of or who sells, purchases, or exports any timber or minor forest produde which has been taken in 'contrBvention of any provision of the Law shall be guilty of an offence. 9. Applications for the grant of any licence under the provisions of section 31 of the Law shall be mnde to the Chief Co nae r-va t or , 10. I. licence granted .unde r- section 31 of the Law shall be registered and the licensee shall pay the fee for such registration and the appropriate stamp duty thereon. 11. (1) SubjLot to the provisions of any order made under regulation 4~ the grant of a licence under section section 31,: of the Law shall pot effect the right of any persQn'to anY free grant of forest produce, to which he was entitled previous to the grant of the licence and which may be required for bona fid~ domestic purposes, including the construction of agricultural implements, fences, v e s ae La , holdings, br~dges or other works but n0t for sale or barter. (2) Any licence granted under section 31 of the Law shull be subject to the following terms (a) un Assistant Conservator may order that any timber may be taken from the area to which such licence relates where it is required on behalf of Government or a local government council if the Licensee is unable to supply the requirements upon reasonable commerci~l terms; (b) an Assistant Conservator may order that any tree shall be cut down and removed in the area to which such licpnce relates in the course of the construction or maintenance of any road, telegraph or other public work; (c) an Assistant Conservator may issue permits for the construction of onnoes within the area to which such licence relates subject to any agreement with the licensee. Of'Ta noe of selling, ,,,tc. forest produce illegally obtained. Licences u nd e Section 31 uf the Law. Fee and stamp duty. Terms of Licence. ICAP. 55 Forest- 14c5 !l licence to take out permit (Schedule) Tenders. Termination of licence. Issue of permit. (Schedule) Issue of permit where licence has been granted Fees and royalties payable in r"spect of a permit. 12. A licensee under section 31 of the Law shall be required to take out in advance permits in the Form 1 in the Schedule to cover the removal of specified forest produce. 13. (1) With the approval of the Minister, the Chief Conservator may invite tenders for or may advertise for sale by public auction a licence to exploit a specified kind of forest produce in'8 specified area on such terms as he shall think fit. (2) Tenders or bids may include the fees and royalties payable or such fees and royalites may be payable in addition. (3) The Chief Conservator shall not be bound to accept the highest or any tender or bid. 14. Any licence granted under sectiun 31 of the Law may be t2rminated (a) by the Minister (i) If the licensee, his agents, servant or workmen fail to comply with any of the conditions of such licence; or (ii) If the licensee be come s insolvent or his business is would up or goes into liquidation. (b) by the licensee by giving the Minister six months notice in writ~ng of his intention to do so. 15. Any permit issued by an Assistant Conservator under the provisions of sections 42 and 44 of the Law shall be in Forms 1,2,3,4,5,6 and 7 in the Schedule and shall be issued subject to the conditions printed thereon and such other conditions as shall be strted at the time of issue. 16. Where a permit is issued for an area in respect of which a licence has boon ~ranted under section 31 of the Law it shall be read subject tu the terms of such licence and it shall not authorize the taking of any tree specified in such licence without the permission of the licensee, and the terms of such licence shall not be affected by the issue of a permit in any way. 17. The fees and royalities payable in respect of the permit and the girths assigned to the trees specified in the permit shall be at the r~tes in force at the time of the issue of the permit as prescribed in the tariff authorized under the provisions of these regulations: Provided thAt aD nssistant Conser~otor with the approval of the Chief Conservator may (a) remit the fces nnd royalties in the case of timber to be taken for samples; (b) reduce the fees and royalties on any dead, fallen, hollow or mis-shapen tree; (c) reduce the fees and royalties on any tree removed in the course of silvicultural operiltions; (d) reduce the minimum girth for trees to be taken under the permit below that prescribed in the tariff j prepared unJer regulation 28. Forest {CliP. 55 1486 Period of permit and vnlue, etc. Permit to be produced Permit to take rr.inor forest produce. Destruction, e t c , , of permit. Holder of permit to pay compen sation. Deposit may be re required. Timber remaining after expiry of perimt Cancellation of permit Transfer. Return of permits upon expiry etc. 18. (1) h permit shall be valid for six months from the date of issue when it shall expire unless extended in accordance with this regulation. (2) hn Assistant ConservRtor may, acting in his discretion, extend a permit for further periods which shall not exceed six months in any case or eighteen months in the aggregnte. For each such extension a fee not exceeding 10 per cent of the original .vaLue of the permit shall be recovered at the discretion of the i,ssistant Conservator. (3) No permit shall be issued in respect of timber or minor forest produce to the value of over one hundred pounds except when issued under regulation 12. 19. hny person to whom a permit has been issued, who shall fail to produce his permit for inspection whenever required to do so by forest officer, an administrative officer or a police officer, shall be guilty of an offence. 20. t,.. permit to take specified mi n.u- forest pr-oduce shall not except with written permission of an Assistant Conservator authorize the holder thereof to employ any person to assist him in taking or to take on his behalf any minor for~st prodtice. 21. Any person, who without the authorization of an Assistant Conservator alters, defaces or destroys any valid permit, shall be guilty of an offence. 22. The holder of any permit issued under these regulations shall pay compensation to the owners of any property which is damaged by him in the exercise of any rights conferred by such permit • 23. 1.n i,ssistant Conservator may require any applicant for a permit or ariy person to whom a permit has been issued to deposit with the Accountant-General a sum not exceeding one hundred pounds as a security for the fulfilment of his obligntions under any permit Lssucd under these regulations nnd such deposit may be forfeited wholly or in part at the discretion of the Chief Conservator if in the opinion of that officer, he has failed to fulfil such obligations. 24. Any timber derived from a tree felled under permit which, on the expiry of such permit, has not been removed from the place of th~ expireu permit shall have no right thereto. 25. Any permit issued under these regulations may be cancelled by an Assistant Conserv~tor if the holder of such permit fails to comply with any of the conditions of such permit. 26. hny person, who transfers a permit to another person without the prior approval of an hssistant Conservator, shall be guilty of an offence. 27. Within fifteen days of the dnte of expiry or cancellation of any permit, the holder thereof shall cause it to be returned to the office from which it was issued. /Cf~P. 55 Farest- 14f7 28. (1) The Chief Conservator shall prepare a tnriff (hereinafter cfl.llod "the tariff") prescrib ing the species of protected trees and the rates at which f8es and royalties shall be payavle in respect of protected t r-c e s (of different species) and firewocd derived from them, in respect Df minor f o r-es t produce taken un.le r a parmi t iGsued under these r~gulati~ns aIDI shall also prescribe the minimum girths below which protected trees shall nut be cut without his authorization and the rates at which fees and royalties shall be payavle in respect of volume of merchantable \'Iood. 28. (2) llny fees payable shull be paid into the Treasury. (3) hny royalties payable shall be paid to individual owners or as directed by the Hinister under the provisions of so c t Lo n 32 of the Lr\\~. (4) Where fees and royalties are both pnyavle (hereinafter cnlled ''the tariff rute"), the fees shall form 80 per cent. of the sum payable and to royalties shall form 20 per cent. thereof, except in the case of mangrove forests where 100 per cent. of the tariff rate shall be payable as royulties. (5) up-to-date copies of the tariff shall be kept at all forest offices ond shall be apert to inspection during ordinary office hours or may be had on application to any forest officer on payment of a fee of one shilling. 29. (1) hll fees and royalties payable under the provisions of any permit shall be paid before the issue of such permit. (2) Until the appropriate fee nnd royalties have been paid in respect ther~of nu tree shall be girded or felled and no forest produce ahc Ll, be tnken under a licence grunted u n.Ie r- n section 31 of the Luw. Fees nnd rOYQlties Fees and royalties paYQble in advance. Free permits to fell. (Schedule) 30. hn hssistant Conservator may issue or cause to be issued free permits in the Form 1 in the Schedule to fell protected trees in forest reserves nnd protected forests (a) where the timber is required by the Forest Dep3rtment for the construction or maintenance of any building. bridge, fence or road under its management Bn~ control or for the prepnrati0n of specimens of timber or for similar purposes; (b) where the timber is requir~d for any work of public utility in the construction or maintenance of which no contractor or other mi.dd Le man is eng~gedwith 11 view of profit, ~n~ if other species of suitable timber are nr'lt aVClilllble in any other forest within a rensonQble distance: Provided that no such free permit shall be issued to any village, community, school committee or other public body to whi c h n n annual grant is ma.lo f'r-om the public public revenue or to any school or other public institution maintained by Government or for the maintenance of which e. contribution is: mr de fran public revenue; (c) when the trees are required to be removed in accordnnce with a working plan. 66 /ChP. 55 Forest- 1488 Firewood. M:,rking hamm,"rs and instruments to be registered. Of'e nc e s , Marks not to be altered or effaced. 31. The holder of [\ fuel permit shall stuck all firewood taken at such places nnd in such a manner as an ~ssistQnt Conserv~tor may direct. 32. (1) il-ny pe r s c.n other than a n o f f i c e r- or employee of the Government (or fi Local Government C0uncil who has been duly authorized in this behalf) whu has in his possession or who uses any ffi2.rking hammer or instrument for impressing mnrks upon timber except it has been registered in accordance with these regul~tions shall be guilty of an offence. (2) ~ny person, who uses D mnrking hammer ur instrument for impressing m8rks upun timber which has been reMistered outsiJe the 3ren specified in the certificate of reGistration relating thereto, shall be guilty or an offence. 33. hny persen, who alters or effaces any mark impressed upon timber by n forest officer or Dny persun authorized by n Local Government Council to murk timber without the Duthorization both of an ~ssist~nt Conservntor and the owner of the timber, shall be Guilty of an offence. 34. An Assistant Conservator may require any applicant for a permit in Form 1 e,f the Schedule to mar-k with his marking hammer and a consecutive number below the place where it is intended to cut every tree t hn t he wi s he s to have included in the permit and to submit in duplicate a list of such treee .:.bowirg the mar-k arid numbers they bear, the species and girth of each tree, its locatiun, the nearest village thereto and the name of the Local Government Council within the area of whose authority the tree stands an.I this list shall be e ndor-s e.I by him arid arme xe d to the permit. 35. (1) ~n Assistant Conservator mny register uny Marking hammer ur marking instrument presented to him for registrati~n anJ shull issue a certificate of registration therefor upon the pQym0nt tu him of a fee of one shilling. (2) Such certificate of r~gistration shall state the area in respect of which the marking hammer ar marking instrument may be used. (3) Such registration shall be valid for one year from tho date thereof. (4) An ,'.ssistant Co nae rv c t c r- may refuse to register any marking hammer or marking instrument which gives an impression which in his opinion is unsuitable. 36. i.ny person who shnll mov e any piece of timber taken under a permit from the place where it wns felled until every piece of timber to be moved Dnd the stump of the tree from which it wus derived ~.D.ve been mnrked \.,i th the Forest Division pass hammer (nnd, if an hssistant Conaervator shall so Jirect, wit~ the m~rking hammer or marking instrument of the owner in add i t a on) shall be guilty of a n offence. 37. (1) Any person who shali permit any timber taken by him to ubstruct or endanger the free nDvigation of any waterway shall be guilty of an offence. (2) hny pprsun, uthurthan the ownur or his agont authurized in thnt behalf, who sets aJrift any timber formed into R raft or fastened to the bank of or anchored in any wnt.3rway shall b~ eulty of an offence. List 0 f marked tree m:~j' be a nne x , to pe r-n.i I Re g i s t r : of marki I hammers, etc. Timber I' to be n. until rn Waterw: Demarcntion of forest reserve. Pc nalty. /ci», 55 Forest 38. A forest officer may with his agents, servants cnd workmen enter upon nny land in respect of which a notice has been published under the provisions of sections 8 of the Law and upon any land included in or adjoining a forest reserve and may make all enquiries and may do or cause to be done all things necessary for effecting the demarcation of the b0undaries of such land. 39. f.ny person convicted of an offence under these re gulations ahe.LL be liable to a fine not exceeding one hundred pounds or imprisonment not exceeding t weLve months or to both such fine and impresonment. ICAP. 55 Forest SCHEDULE RIVERS STATE OF NIGERIA THE FOREST REGULATIONS 1489 Book No. Form 1 PERMIT TO ThKE PROTECTED TREES Original Name of permit holder 00 ••••••••••••••••••••••••••••••••••••• 000. A.ddress of permit holder ••••• o ... oo •• e •••••••••••••••••• oooooooo. Locnli ty of tree .0 •• 0 •• 0 a .0 •• 0.00 •• 0.0.0 0.0.0.0.0 ••• a 0 0.0 This permit is issued subject to the provisions of the Forest Law and of the regulations made thereunder for the time being in force in the area to which it relates. It is also subject to sach special conditions (if any) as may be hereinafter set out and will expire on the ••••••••••••••• day of •••••• 19 ••••••• No. of Trees Fees ••• Royalties Species of Trees Total Minimum Girth Clnss (in words) k See back of permit for special conditions (if any). •••••••••••••• Issuing Officer Title Division Province 1490 Fores~ Regulations SCHEDULE - continued RIVERS STJ.TE OF NIGERIA THE FOREST REGULJ,TIONS LeAPo 55 Book No 000.0.0000000.000.00.0 Permit No 0 •• 000000000000 Original Form 2 FUEL PERMIT Name of permit holder ~ddress of pe~mit holder OQgoo.oo.ooooooooo.oo~.•. oo.o,oooo,~oooooo.o This permit is issued subject to the provisions of the Forest Law and of the regulations made thereunder for the time being in force in the area to which it relateso It is also subjects to such special conditions (if any) as may be hereinafter set out and will expire on the .0.0000000000 •••• 0 day of 0000000000' 19 00 •• List of Permitted species 08000000 ••• 00000. Permit Fee Division Date See back of permit for special conditions (if any)o Issuing Title Officer Forest RegUlation RIVERS STATE OF NIGERIA THE FOREST REGULhTIONS Book No. Permi t Form 3 No Original PERHIT TO TI,KE HINOR FOREST PRODUCE IN ii. FOREST RESERVE Name of permit holder Address of permit holder oeo.oo.oo •••••••• OO •• O.OOClo.o •• oeo ••••••••••••••••••• o".OOGOoOOOOO Name of reserve Locality Royalties payable to This permit is issued subject to the Forest Law and the regulations for the time being in force thereunder arrd to the conditions set out on the reverse, and expires on the Amount Fees Roynlties y Species day of Total 000.0000000000' Rnte 19 k k •• 0 ••••••••• 0 •••••• 0000000' 19 Issuing Officer !..cr,p. 55 Fore~t Rersulati,)ll 14,2 RIVERS STfiTE OF NIG8RIA THE FOREST REGULhTIONS Book Hoo 000000 •• 00000000000000 Permit Noo 000000000000'0 Originnl Form 4 PERI'1IT TO F.\RH \lITHI N i; GOV}~RNH)~NT FOREST RESEIlVE PERMISSION TO GR~NTED TO: o 0 " () Q Q 0 0 go •• fiI 0 '. 0 .. '0 0 '0 0 0 • <>'''' 0 0 " " 0 0 co 0 " 0 Q 0 " • 0 e 0 0 0 " 0 .. <> ...... <:I " 0 (,) <:I 0 " 0 0 " .. of to farm within the 0'.000 o. 0 0'0 0'0'.'0'.'0 0••• 0•• 0••••••• 000.00 Jlt'!?f'J'YfP. during the period '•• '0 0 0 •••• 0 ••••••• 0 O. 0 0 0 0 0•• t o the 31st Deoe nrber 19000 subject to the conditions (A the Forest Law and the regulations made thereunder as well as to the conditi0ns epee specified below 10 The permit is personelo 2. That only such CTGilS are f n r med bsare set aside for that purpose by the Assistant ConsGrvatoro 30 That the species of trees .i nd i cot e d on the reverse may not be felled or injured when the land is cleared for farming. 4. That a breach of any of these conch t ions will render the permit liable to forfeiture and the holder to the penalties prescribed in the Law • •• 00000000000000000' 19 ".• Issuing Officer See back of permit for special conditions (if any)o 14 3 ICAPo 55 Forest Regulation~6 ~ SCHEDULE - continued RIVERS SThTE OF NIGERIA THE FOR~ST REGULATIONS Book No , Permit No Original Form 5 PERMIT TO RESIDE WITHIN ~ GOVERNMENT FOREST RESERVE Permit fee 000000. PERHISSION IS GRM,jrmD TO: • 0 0) 0) 0) 0 0 0) • I) 0) 0 •• 0 0) 0 0 " co • (I • I) • e 0 ••••••• 0 •••• 0 0 0 • I) 1;1 ·0 • 0 I) 0 0 (I 0 ."0 of. 0.0) 0 0 CI 0 00)" 0) •• 0)" 0 <;.000 00 0).00 •• 0) ••• e •• to resiclc within the ••. 0 ••• 0 •••••••• 000 •••••• 00 •••••••••• 0. Reserve on the site n~med on the reserve hereof during the period .0000 •• 0000 •••• 0.0 •• 00 to the 31st Devember, 19 00. inclusive, subject to the' condLt i,o s of the Forest Low a nd r-eguLat i on made t t h c r-e u nde r , o ooooooooooooooooo,,-=-, 19oClo Issuing Officer See back of permit for special conditions (if any)o leAP. 55 Forest Regulation RIVERS STATE OF NIGERIA THE FOREST REGULATIONS Book No ••••.•••.••••.•••••.• Permit No••••••••••••••••• Original Form 6 PERMIT TO HUWr VJITHIN r. GOV ~~RNI'JEN'r FOREST RESERVE Permi t fee PERMISSION IN GRANTED 10: of c c c." ...... II II Q" Q"'''. '" Ii".'" 0"" Q"'" (I gO"'" (I ...... 0 u" "0" 0 ~ 0"''' ... CI Q" Q"''' 0""" 0 0 0.00 inclusive, subject to the provisions of the Forest Law and regulatiuns for the time being in force thereunder. This permit does not authorize the holder to hunt any protected animal unless the holder is authorized to hunt such animal by or under the Wild Animals Preservation Law (Chapter 133). .." •••• 000000 •• 000000.1;1 ."'000000000Q000000001 19 OPooo See back of permit for special conditions (if any). Issuing Officer /CII.P. 55 Forest Regulntions SCHEDULE - continued RIVERS STATE OF NIGERIII. THE FOREST REGULATIONS Book No • • • • • • • • • • • • • • • • • • • • Permit No • • • • • • • • • . • • • • • • • Original Form 7 PEmUT TO FISH \<JITHIN 1\ GOVERNHEllIT FOREST RESSRVE PERMISSION TO GRhNTED TO: OOClOOOeOOf>aOOOoO ••• ooooooooaoooeoc.ooooOO"OOOODO ••• OOOO0000000000 of •••••• 0 •••••••••••••• 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• to fish during the period .. oooooooooooooooeoo •• ooeooooooooootooooooooooooo inclusive, subject to the conditions of the Wild ftnimnls Preservation Law (Chapter 133) and the Forest Law and the regulations made thereunder or to any other Luw/Regulations controlling the taking of fish • • ao.OClOOOOO ••••• , 190 •• See back of permit for special conditions (if any); Issuing Officer