Forestry Law (CAP. 52)

CHAPTER 52 FORESTRY ARH.ANGEME:-.:T OF SECTJ()NS St'{.1'!01' I. Shon :itlt lnterprc1ation. Appoin.mcnt of forcsti;. officers. [CAP. 52 PART Ii-SPECIAL PROVISIONS REL-\TING TO GOVEltNMErs:T FOREST RESl~R\IES Af\'.D GovERNME.-.:T PROTECTCD FORESTS ➔. Governor ma~ constitute reserves and protected forests. PRELl~IINARY PROCEDURE FOR CONSTITUTING GOVERNME!\T FOR~T RESERVES 5. otification of intention to crcatl' a reserve and appointment of reserve scttlcmcm officer. 6. Notice of inquiry. TH[ l;-.;QUIRY 7. Duty to reserve s:.·ttlemcm oTTlccr m 111quiry. 8. Reserve scHlcmc111 officer to ha,·c judicial powers. 9. Reserve scnkmr.;m officer ma) sc,·er or join claims . .lUDGMEt-,.7" 10. Publication of judgment on compktion of the inquiry. APPE.\L I I. Appcah. from judgment of reserve !>Cllkmcm officer. CONSTITUTIO:,.J OF THE FOltEST RES!:RVE 11. Order of the Governor cons1irnting 1hc fort>S! rcsen:c. MODIFICATIONO!'Tt!L RESERVI: S!:.TrLEMO-:T l'FICER·s JuDGMEt-:T 13. Rights ma~ be extinguish:::t! or modifiC'd b~ Commission~r. 14. Reserve m~~ be :11c:1dt'.' to e~.ciudc ari.:as over whit-h cbmts are ::dmitted. 6JQ ·· 1, ., . ,, 620 CAP. 52] Fores1n· FURTHER PROVISIONS AFFECTING RIGHTS 15. Commission et may close existing rights of way and wJtcrcoursc~ if alternatives exist. 16. Extinguishmcnt and rcvi\'al of nglns. I 7. Non-exercise of rig.Ills. 18. Rights in reserves may not be alienated wnhout consent of Commissioner. l 9. 10 new rights 10 be acquired in land to be constituted a reserve l'Xccpt with approval. !\l1SCE1J.A:,/EOUS 20. (Repealed b) K.DSLN 5 of I 96~). 21. Power 10 dc-rcscrYc. PART III-SPECI.\L PROVISIONS RELATING TO lcr....AL GOVERNMEr-:T FOREST RESERVES CONSTITUTION OF RESERVES 12. Constitution of local government forest reserve. PROCEDURE 13. Action preccdcni to the constitution of a Joe.ii government forest reserve. 24. Order constituting local government forest rcser\'e. :s. Appro"al of Commissioner. 26. Power to local go"cmmcnt 10 rc"ise or modif~ ordi.:r. PROVISIONS '\FFECTING RIGHTS IN LOC-\L GO\'ERNME1'T RESCRVES Extingu,shmcnt of rights in local government forest rcscr\'c. Control of alienation of rrnhts in local !?.0\'Crnment forest rcscr"c Power to de-rcsC'rvc. - - • PART J\--GO\'ERNMENT FORESl RESER','ESCONVERTEDTU LOCAL GOVERNMENl FOREST RESERVES 30. Power to convert c,-isting forest reserves into local g0\'Crnmcnt forest reserves. PART ,·.-Loo.L Govi:::1t"IMEST PROTECTED FORESTS 31. Protected forests. 3::!. Power to \\ithdra,, protection. PART \'J--\D'.llKISTRATI ~ OF loCJ\L GOVER'.'\!'-IEKT FOREST RES!:RVES 33. Management of local govcrnm~n: forest reserves. Fores1r.1· [CAP. 52 PART VII-Cm,1MUNAL FORESTRY AREAS 34. Power of lo..:al govcrnmcm to declare lands communal forestry areas. 35. Notif,cation of declaration. 36. Management and control. 37. Powa of local government 10 make rules. 38. Power to vary or cancel declaration. }"ART \'Jll-GE"-EP.U. PRO\'ISIONS El\'TRY UPOt-: L\r,,.l):,. 39. Marking of boundaries. 40. I mprovemcnt of forest generally. 41. Prc\'ention of offence. -41. Power 10 exempt cenain classes and districts. MISCELLANEOUS 43. Forcs1 produce required for public purpo!>es from local govern­ ment forest reserves. 44. Disposal of fees and royalties. 45. Sav111g of power to acquir,· land in local government forest reserves for public purposes. REGUL-\TIO:-.S 46. Power of Go\'crnor to make regulations. 47. Power ofGovl!rnor to make rc£?ulations. 48. Powcr to exempt areas from rc£u1a1ions. 49. Power of local go"crnmcn! to make rule~. OFFENCE!, AND LEGAL PROC:t:DURE 50. Acts prohibited in a forest rcscr\'c. 5 I. Saving in respect of section 50. 52. Offences in protected forests. 53. eizurc of ccnain forest produce. 54. Offences. 55. Arrest of suspected persons. S6. Innocent possession. 5- Onus of proof. 58. Authorit~ to compound offences. 59. (,cnL·ral pC"nnhy. no. A.ddiuonal pcnalt~. 61. lnst1tut1on and conduci ofkgal proce::dings. 621 622 CAP. 52] Fore.my PART IX-SAVING Saving as 10 existing fores\ reserves. Fores1r r CHAPTER 52 FORESTRY [CAP. 52 A LA\\ FOR THE PRESERVATION AND CONTROL OF FORESTS 623 N 1963. Cap 4d ... IT>SLN 5 oi 1%~. l"TSLK I of I 9S-. [ I Februar ,. 1938) Da1c of I. This Law ma~ b cited as the Forestry Law. PART J-PRELIMI ARY 2. ln this Law. unless the context otherwise r quires:­ ··cattk"' includes sheep. goats. horses. mules. donkeys and camels: "chairman of ,he local government'' means the chairman of the local go\·ernm nt council of the area within which the area. or the council in question, is situated: "communal forestry area·· means any land within the area occupied by a local community which land is constituted a communal forestry area under this Law: ··Commissioner·· means tht> State Commissioner for the time being charged with responsibi!it~ for for sis: ··community"' means any group of persons occu1 ying any lands in accordance \\'ith and subje 1 10 customary Jaw: '·enclave" means an area omplc!ely surrounded by a forest rescn·e and excluded from that forest rcsen·e by an order made under this Lai·: • ··forl!st" includes Government forest resen·es and protected forests. local goYernmcnt forest reserves and protecteJ forests. and communal forcs!I: areas: ·The numb!.'rint; or the sccuons has been rc:tarncd. commence~ mcnt. Shon 111le. lntcrpreta­ uon. : i -I I .. 624 C:AP. 52] .. forest growth .. includes anything growing or to be grown on land other than agricultural crops: .. forestry officer .. means an, officer of the Forestrv Di,·ision of the Ministr, of Animal a,~d Forest Rcsoures o~ an, ofTtcer appointed under section 3 for the purpose of gi,·ing effect to the provisions of this Law: .. forest produce .. includes:- lal timber. firewood. charcoal. rubb~r. gutta percha. late.,. v,mod oil. gum. resin. natural varnish. tanning extracts. tanning barks, fruits. fibres. bark and lac. whether found in or brought from a forest or not: and (b) (i) trees and all other pans or produce of trees not otherwise herein mentioned: (ii) plants. including climbers and grasses. creepers and all pans or produce of such plants: (iii) wood ashes: (iv) peat surface soil and minerals other than minerals v;ithin the meaning of any enactment regulating the working of minerals: (,') gravel. limestone. rock and latcrite: (,·i) honey. beeswax. guano. silk-cocoons. humus and all produce from animals. when found in or brought from a forest: •·forestry propcny .. means any stock. stores or materials owned b\' Government or a local !'.!.ovcrnme111 and used or intended· to be used in any forest operations or any forestry work. and includes boundary marks and pillars. boundary or surYC~ beacons or signs, name plates. machinery. scientific instruments. implements. tools. buildinQs. tents. fences. YChicks. roads and bridges and cattle: - • ··forest reserve .. means an,· area constituted a forest reserve under the Law or under an·y enactment repealed by this Law. which shall not have ceased 10 be a forest reserve under anv enactment: • --girth .. means the circumstance ofa 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 abo,·E' where the highest buttress merges with the bole: Fores11:r lCAP. 52 --mqmr~ mean!. an: mquiry b: a rcscn·c settlement officer: .. lands at the disposal of the Government .. means any lands which the state has acquired or ma} acquire by agreement or otherwise and includes lands leased to the Government: ··minor forest produce·· means any forest produce other than timber: ..protected fores, .. 111cludcs:- (a) anv area declared to be. or constituted as protected fo;est under this Law; (/,) any area proposed to be reserved. the preliminary notice in regard 10 which has already been published: .. protected tree .. or .. protected minor forest produce .. means any species of tree or any minor forest produce declared by the prescribed person to be protected under this Law: .. timber .. includes all trees. whether standing. fallen or felled. stumps of trees and all wood. whether or not cut up of fashioned or hollowed out for any purpose: .. to take minor forest produce .. includes 10 cut. collect. gather or remove such prod ucc: ..to take timber .. means 10 fell. lop or girdle trees or to carry awav anY timber from the lands upon which the trees haw fallc'n o; been felled. whether 1hc trees have been felled b, cutting or by removing the soil from the roots or by any other method or combination of methods: .. tree .. includes palms: ..working plan .. means any plan of operations or work on any area whether in a forest or not so decided upon and described as such by the Chief Consen·ator of Forests. 3. The Ci,·il Sen·icc Commission or the Local Go,·ernment Scn·icc Board. ma, appoint such oniccrs as may be considered necessary for the purpose of gi,·ing effect to the provisions of this Law. 625 '\ppOIOl· m(.:nt of forcstr: on,ccrs. 'I • 1 I 626 Go\t'.:rnor mu~ consti­ tul<' rescr"cs ;md ri~:~~~cd Nouficmion of mtt'nt1on to create a reserve :md :1;ppointmcn1 of res:-rvc settlement officer. CAP. 52] Forestr i· PART II-SPECIAL PROVISIONS RELATING TO GOVERNMEKT FOREST RESERVES AND GOVERNMENT PROTECTED FORESTS 4.-( 1) It shall be lawful for the Governor 10 cons1i1u1e as Government forest reserves any of the following lands:- (a) lands at the disposal of Go,·ernment: (b) any lands in respect of which it appears 10 the Governor on the ad,·icc of the Chief Conservator of Forests that the fores1 growth on such lands should be protected or reserved or forest gro"1h be establ!shed. (2) The G,-,Yernor may by notice in the State G~,:c11e declare any such lands to be a Government protected forest. Preli111i11a1:r Procedurrfor Consrirwing Go1·en1111c1u Forest Reserres 5.-(1) Before constituting any lands a Government forest resen·e a n01ice shall be published by the Governor in the State Gazene:- (a) specifying as near!) as mai be the siwation and limits of the lands: (b) declaring that the lands now form a prolCcted forest: (c) declaring whether the lands are at the disposal of the Government or arc lands coming within section 4(1 )(h): (d) declaring that it is intended 10 cons1i1u1c such lands a Government forest reserve. either for the general purposes of Government or for the particular use and benefit. wholly or in pan. of any class of persons or for the benefit of anv community or authority: (c) appointing an officer. hereinafter referred 10 as the resen-c se11leme111 officer. 10 inquire into and determine the existence. nature and extent of any rights claimed by or alleged 10 exist in favour of any person or communities or brought to the knowledge of the said officer affecting the land!:> or any other rights in or O\·cr the lands which ii is proposed to constitute a Government forest reserve. (2) If for any reason the reserve se11lemen1 officer appointed under this section is unable 10 perform his duties. the Go,·ernor mn~. by notice in the S1~1c Gazette. appoint an~ person to act on his behalf or as his successor: such notice may have rctrospectiYc effec1 for a period 1101 exceeding one month. Forcsrr1· [CAP. 52 627 6. Upon publication of the n01ice aforesaid the reserve Noucc of sc11lcme111 officer shall:- mQu11'). (a) immediately cause the particulars contained therein 10 be made known 1n the district or districts in which the lands arc si1ua1ed by causing the same 10 be read and interpreted in the local language in every area coun in the said district or districts and also bv. as far as he considers essential. informing the chiefs of the communities dwelling on. and the local go,·ernment having jurisdiction over. the lands aforesaid in writing: and (b) ft, and. in the manner aforesaid. make known a period within which and a place 10 or at which any person or community claiming any right or rights in or over or affecting the lands which i1 is proposed 10 constitute a fores1 reserve shall either send in a wri11en statement of claims to him or appear before him and state orall,· the nature and ex1en1 of their alleged rights. • The lnqui~,· 7.-( I) As soon as possible after the ex1)ira1ion of the period Du,! or fixed by the reserve settlement officer he shall:- ~~~~l~~cm (a) inquire into and determine the limits of the lands specified on,m" in the notice aforesaid: and mqui~. (b) determine the nature and cx1en1 of any claims or alleged rights affecting the land which ha,·e been preferred or brought 10 his notice. (2) The reserve se11lcmen1 officer shall keep a record in writing of:- (a) all such claims and alleged rights: (b) all objections which mai be made 10 such claims or alleged rights: and (c) any evidence in support of or in opposition 10 any claim or allcgl!d righi. S. For the purposes of the inquiC\ the reserve sclllement officer Rmrw shall have all the powers conferred upon a District Judge. ~ff;:~1 ; 1 [; 1 hn\'~ 1udic:ial PCIWt!i~. 618 Reserve settlement officer ma~ SC\'Cf or JOI n claims. l'ubhc:t11on of.1udp11cnt on comp\c1ion of lhc inquir:. App~al!io from judgment of reserve scitkment offic~r. CAP. 52] Fores1r.r 9. The reserve settlement officer may at any time during the inquiry join any number of claims or sever any claims joined and in his judgment may give a decision which may join any number of ciaims or sever any claims which were formerly joined. Judgmem 10.-(l) Upon the completion of the inquiry. the rcscn·e settlement officer shall deliver his judgment. describing the limits of the land specified in the notice aforesaid and 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 "'holly or in pan. and shall file it at the Land Registry. (2) A notice shall be published in the State Gazette specifying the land which it is intended to resen•e. the privileges conceded in respect of such land and stating the special conditions intended 10 govern the reserrntion thereof. In addition such notice shall be made known so far as may be practicable 10 every person who. and the head of any community which, preferred any claim or in respect of which any claim was brought to the knowledge of the reserve settlement officer. Appeal 11.-(1) Any person who has made a claim on his own behalf, or where a claim has been made on behalf of a communit\' that person Oi the representative of that community may. within. three months of the date of de!i,·erY of the judgment. appeal to a District .ludge against that portion of the reserve settlement officer's judgment which affects his claim or the claim made on behalf of the community which he represents. (2) ' appeal shall lie to the High Court within whose area of jurisdiction the forest reserve is situate from a decision of a District .Judge on appeal a~ains1 the judgment of the reserve settlement officer within thirt\' davs of the date of the decision appealed against. The decisio,{ of ti,e High Court shall be final. Foresir.,· [CAP. 52 629 Co11s1i1wio11 o ( 1he Fores1 Reserve 12.-(l) The Governor may make an order constituting the Orderor,11, iands in respect of which an inquiry has been held a Government ~~~~~~~~ns forest reserve at the expiration of three months from the date of the fon.:st publication of the notice in the State Gazette under section I 0: reserve. Provided that if an appeal has been made against the judgment of the reserve settlement officer no such order shall be made until such appeal has been determined or umil the expiration of the time within which an appeal may be laid. (2) Such order shall. subject to the provisions of subsection (3), set forth:- (a) th(' limits of the lands which constitute the reserve: and (b) all rights affecting the same as set forth in the judgment of the reserve settlement officer or established by the court upon appeal from such judgmem: and • (c) such additional riehts as the Governor shall consider it just and equitable to allow notwithstanding that such rights haYe not been allowed in the judgment of the reserve settlement officer. (3) Such order shall not include therein such rights as may have been allowed b\· the reserve settlement officer but which have been subsequently ~odified or extinguished as hereinafter proYidcd and where the boundaries of the reserve have been modified as hereinafter provided the order shall set forth the boundaries as subsequently determined. (4) Such order shall be published in the State Gazette and made known in the same manner as was the judgment of the reserve settlemem officer. (5) From the date of the publication of such order in the State Gazette such lands shall be a Government forest rcsc1Tc. (6) Any order made under this section may be revised or modified b,· the Go,·ernor and such revision or modification may be gi,·en re.trospective effect. (7) In any revision or modification made by the GoYcrnor under subsection (6) the Governor may. after such inquiry. if any. as he shall in his discretion think fit:- L , • I I .. ~ . . .. ~ . I. 0 ' 630 Rights ma~ b,· ,., tmguishcd or modified b\ Commiss­ ioner. Rcscr,..c ma~ bl· made 10 exclude :ircas o\·cr wluch claims arc admmed. CAP. 52] Foresu:r (a) exercise the powers conferred upon him by subparagraph (ii) of section I 3: and (b) add such additional rights as he shall consider it just and equitable to allow notwithstandin that such rights had not been allowed in the judgcmen: of the rcserYe settlement officer. Modi(,carion o (rhc Reserre Se11/e111e111 Officer's .l11dg111eru 13. Where the reserve settlement officer has admitted wholh· or in pan any right or claim and in the opinion of the Commissioner the exercise of such right or claim or any pan thereof:- (a) would stultify the objects of any forest reserve: (b) would seriously hinder the efficient working of any forest reserve: or (c) would do serious damage to any forest reserve: the Commissioners:- (i) may extinguish am· such richts or claims and shall either give moneiary com-pcnsation. or grant in exchange similar rights on other similarly situated land either within or without the final boundaries of the forest reserve: or (ii) may confine or restrict any rights or claims to cenain areas either within or without the forest reserve or the exercise of such rights to certain times of the year; or (iii) may adopt wholly or in part any one or any combination of the abo,·e methods of dealing with the matter. 14. If the reserve settlement officer has admitted whollv or in part any rights on any area which in the opinion of the" Chief Consen-ator of Forests could be excised from the reserve without materially altering or stultifying the objects of the reserve the Governor may so amend the boundaries of the reserve that such areas arc excluded from the reserve or he mav create such excluded areas or enclaves within the boundaries of ihe reserve: Provided that in altering the external boundaries of the reserve the officer shall nm include an\· area which iics outside the ori2..inal boundaries set out in the notic·e of the proposed reserve publi;hcd in accordance with the proYisions of section 5. . . Fores1rr [CAP. 52 631 Furrher Prorisio11s ajfecri11g Rig/11s 15. In anv Government forest reserve the Commissioner mav Go\'ernmcni close any rigiit of way of watercourse: • ~~~~m~~: Provided that in his opinion another right of way or watercourse ~~~sri~h:!l· equall~ convenient already exists or is pro,·ided. of wa) and "a1crcoursc!I if altcrna- 16. Every right in or onr land in respect of which no claim shall have been made 10 the reserve settlement officer. or of which no knowledge shall have been acquired by that officer before delivery of his judgment shall be extinguished: Provided that if any person shall. within one year of the date of delivery of the final judgment. claim and satisfv the Commissioner that he was possessed ofa right in respect of which he might have made a claim. and that through ignorance of the fact that an inquiry was being held or for other sufficient reason he failed to make such claim, the Commissioner mav direct:- (a) that such right shall be rcviYed: or (b) that such claim shall be modified or extinguished in accordance with the provisions of section 13. ll\ eS CXIS\. fa1ini;-u1sh­ menl and rc,..,val of rights. 17. If any right within a forest reserve shall not have been cxcr- Non-exercise cised for a period of ten years it shall be deemed to be extinguished. of nghts. 18. It shall not be lawful for any person to alienate any right. Rights in affecting land included in a forest reserve. which has been ~~~~~es m:i~ established before the rescn·e settlement officer or before a coun aii,nmd under section 11 or revived under section I 6. by sale. mongage or ~~~~~; of transfer without the consent of the Commissioner first had and the obtained. Any such sale. mongage or transfer effected without ~~i;1rmis:-• such consent shall be null and void. • 19. During the period between the dates of the publication by the Go,·crnor of the notice of his intention 10 create a Government forest resen•c and of the order of the Governor constituting the rcscrve:- (a) no right shall be acquired in or o,·er the land comprised within such notice otherwise than b, succession or under a grant or contract in writing entered i~tO with thC' approval of the GoYernor: and l'\o new rig.Im lO be acquired in land to be constitu1cd a rescn·e except wilh approval. ' ' . . . . ,, . ~ ... ~- :,, i·.. ~ ~ ·t Power 10 reserve Const11ut1on of local go\• l!rnmcnt for• est rtstrvc. Action prt'· ccdcnt to the constnut1on of a loc.11 ri;~~~nr~s:nt cr.·c Com• missioner. K.DSL!<; of 19S::. CAP. 5'.!] Fores1rr (b) save as hereinafter provided:- (i) no new house shall be built: (ii) no tree shall be cut: and (iii) no forest produce shall be removed: Pro,·ided that nothing in this section shall be deemed to prohibit any act done with the permission in writing of the local government or a forestry officer of a rank not below that of assistant conservator of forests. Aliscel/a11eo11s 20. Repealed by KDSLN 5 of 1982. 21. The Governor ma,· bv order direct that from a date named therein an) lands or any.pan thereof constituted a Government forest reserve under section 12 shall cease to be a Government forest reserve or a pan of such reserve and thereupon from such date such lands shall cease to be a Government forest reserve or a part of such reserve: ProYided that the riehts. if anv. which mav have been extin­ guished therein shall n;;t reviYC i~ consequence of such cessation. PART I II-SPECIAL PROVISIONS RELATING TO LOCAL GOVERNMENT FOREST RESERVES Constitution of Rcscnes 22. It shall be lawful for a local government, by order made with the appro,·al of the Commissioner. to constitute as a local go,·crnmental forest reserve and land lying within the area of its jurisdiction. Procedure 23.-(1) No lands shall be constituted a local governmem forest rcscn·c under section 22 unless and until:- (al the intention to constitute such lands a local governmcm forest reserve has been announced by the local go,·ernment in a manner appro,·ed by the Commissioner: and (h) the existence. nature and cxten1 of anv rio.hts claimed b,· or alleged to exist in fa,·our of any perSonS or communfties affecting the lands which it is proposed 10 constitute a local g.ov~rnmem forest reser"e has brcn inquired into and deter­ mined b~ or under the direction of the local govcn11ncnt. Fores11y [CAP. 52 (2) The announcement referred to in this section shall require all claimants 10 put forward their claims within three months. (3) All claims not put forward within three months of the announcement shall he invalid: Provided that thc provisions of the proviso 10 section 16 shall apply to local government forest reserves, muwris 111utandis. (4) If the inquiry made in acceptance with paragraph (b) nf subsection (I) discloses the c~;.istcnc::-of an,· rie.hts in an, arcn which in the opinion of the Ch,ci'Con,crvato~ of Forests co.uld be excluded in whole or in part from tile reserve without materially altering or stultifying the objects of the reserve. the Commissioner mav so amend the boundaries of the reserve that such areas arc exciuded from the reserve or he may create such excluded areas as enclaves within the boundaries of the reserve: Provided that in altering the external boundaries of the reserve the Commissioner shall not include any area which lies outside the boundaries of the proposed reserve as announced in accordance with paragraph (a) of subsection (I). (5) At any time either before or after an order has been made under section 22. the Commissioner. after reference to the Chief Conservator of Forests. may cause a funher inquiry to be held by or under the direction of the local government or by any other person for the better de1crmina1 ion of the rights affecting the land which it is proposed 10 constitute or which has been constituted a local go,·crnmcnt forest reserve. 24. E,·cry order under section 22 consti1uting a local govern­ ment forest reserve shall. after approYal by the Commissioner. be published in the State Gazette and shall set forth the limits. situation and appro,imate area of the lands which constitute the local government forest rcser\'C and all rights affecting the same as determined under the proYisions of section 23. 25. No order under section 22 constituting a local government forest reserve shall be published in the State Gazette or be of an) effect unless and until II has received the appro,·a! in wrning of the Commissioner which approval may be granted or withheld or granted on such conditions 2s the Commissioner ma~ in his absolute discretion consider necessary. 633 Order con­ smutmi; local govcrn­ men1 forest re::-crvc. Approv:il of Comm1s­ s,oner. , - , ,• - ~ 1 , , 'I• ~ • • I ' ~ • --~ ', ~ lit' • ~ ' • ;, •• 634 Power 10 local govern­ ment 10 re\·ise or mod1f~ order. E:\tinguish­ mtm of ri{!hts in local go\'ern­ menl forest reserve. Control of alicn3tion of nght5 m loc.:il g.ovcrn­ ment forest rcscr\'c. Power to de-rescr.·e. Power to convtn e:\1s1- ing fon.,-st n:::.tn~s mto local government autho:-it:, forrc;1 rcscncs. CAP. 52] Forcsrr 1· 26.-( I J A local government by order published in the State Gazette ma,· re,·ise or modif\' an,· order made under section :!2 so that the rigl;ts affecting the land set forth in the order constituting the reserve shall accord with the determinations of an, further inquiry held under the provisions of subsection (5) of section 23 and any rights declared invalid by subsection (3) of section 23 may be revived by an order under this section. (2) Tlw pro,·isions of section 25 shall appl) 10 an order made under thi!> section in like manner as ifto an order under section 2.::;. Pro~·isions A ({ecring Rights in Local Gm·en11nc111 Rcsenes 27. E,·crY rie.ht in or over land within an area constituted a local govcni"me;t forest reserve under section 22. other than the rights set forth in the order constituting such reserve. shall be extinguished upon the coming into operation of the order. save as pro,·ided in section 23. 28. It shall not be lawful for any person to alienate any right in or O\'Cr land within an area constituted a local govcrnmcm forest reserve under section 2~ by sale. mortgage or transfer without the consent of the local government which constituted such local government forest reserve or within whose jurisdiction it is situated. Any such sale. mortgage or transfer effected without such consen1 shall be null and void. 29. A local gowrnment ma) by order made with the approYal of the Commissioner direct that from the date named therein anv lands or any pan thereof constituted a local go,·ernmcnt forest reserve under section 22 shall cease to be a local government forest reserve or a part of such reserve and thereupon from such date such lands shall cease to be a local eovcrnmcnt forest rcser--e or a part of such rcsen·e: - PART l\'-Go,·ERNMEKT FOREST RESERl"ES CONVERTED TO LOCAL GOVERNMEKT FOREST RESERVES 30. It shall be la"·ful for the Governor by order published in the State Gazelle 10 declare that an'" G0Yernmen1 forest resen'e constituted under section 4 shall fro~, a date 10 be specified in the order become a local government reserve or be divided up into two or more forest reserves. all or am• of which shall become local gowrnmclll forest rcsencs. Thcr~upon all the preceding pro­ ,·isions of this La" relating to local go,·ernmcnt forest rcsen·es [CAP. 52 constituted under section 22 shall so far as possible apply to any so declared local government forest reserve as if it had been consti­ tuted a local government forest reser--e by the local go, crnmcnt within whose jurisdiction it is situated: Provided that the rights recognized in the order under section I c b,· which such forest reserve was constituted a Government forest reserve shall continue 10 be recognized together with all other lawful C.\isting rights: Pro,·ided fun her that no rights acquired by the Gtwernmcm undec anv oft he pro,·isions of this Law or o: any Law repealed by this Law.shall be thereby extinguished. PART V-LOCAL GOVERNMENT PROTECTED FORESTS 31.-( I) Any local government with the approval of the Com­ missioner mav. from time to time by notice. declare any land within its jurisdiction a local government protected forest. (2) Every such notice shall be made public in the area 10 which it relates in the same manner as arc by-laws of the local govern­ ment for that area. 32. A local government authority with the approYal of the Commissioner may declare by notice in the State Gazc11c that from the date named therein any land which has been declared a protected forest under section 31 shall cease to be a protected forest and thereupon such land shall cease to be a protected forest: Provided that the rights. if any. which may have been cxtingu• ished therein shall not re,·ive in consequence of such cessation. PART VI-ADMIKISTRATION OF LOCAL GO\'ERNMENT FOREST RESER\"ES 33.-( I) The protection. control and management of a local go,·ernmcnt forest reserve sha.11 be undc~a~cn. br the. lo.cal ~ovcrn­ mem constituting it. or withrn whose Junsd1ctton It n s11uated. subject 10 the supen,ision and control of the Commissioner exercised with the advice of the Chief Conservator of Forests. (2) Such protection. control and management may. upon a ,iotification 10 that effect beine published in ,he State Gazelle. be ~laced temporaril)· under the guidance and direction of the Chief Consen·ator of Forests either at thr request of the loca! go,·crn- 635 Protccttd forests. Power 1c, withdra,, prolCC!IOn. Manal!em~m of Joc31 (;O\ - crnmcnt for­ est rcser. cs. 636 Power of local govcrn­ mem to de­ clare land!I communal forestry areas. :--lotific:uion of dccl:iratton. Managcnu:nt :md control. Po1,1,cr of local io\·crn­ mcnt to make rules. CAP. 52] Fores11:r ment concerned. or upon the instructions of the Commissioner if he is of the opinion that such a step is necessary or expedienl for ensuring the proper and sufficient protection. control and manage­ ment of such local government forest reserve. (3) Any local government forest reserve placed temporarily under the guidance and direction of the Chief Conservator of Forests in pursuance of the provisions of subsection (2) shal! be protected. controlled and managed on behalf and for the benefit of the local government concerned. PART Vll-Co~L'1UNAL FORESTRY AREAS 34. Any local government at the request of any community within the area of its jurisdiction may, with the approval of the Commissioner for Local Government in consultation with the Ministry responsible for forests declare any lands within the area occupied by such local government a communal forestry area. 35. Such declaration shall be made known in the same manner as local government by-laws are made known to persons ordinarily subject to the jurisdiction ofa local government court and also by posting a notice setting forth the situation. extent and limits of the communal forestry area outside the office or other meeting place of the local government. 36. "-communal forestry areu shall be managed and controlled bi the community acting on the advice of the local government and the forestry officer. 37.-(1) A local go,·ernment with the approval of the Commis­ s10ner ma, make rules for Local Government in consulta1ion with the Minisiry responsible for forests for the protection and manage­ ment of communal forestry areas with in the area of its jurisdiction for all or an) of the following purposcs:- (a) prescribing the duties of communities: (b) prohibiting or regulating the taking. free or on payment. of forest produce or of any specified kind of forest produce: (c) prohibiting the sale of forest produce or of any specified kind of forest produce b) any person other than specified persons or classes of persons: Fores1r r [CAP. 52 (d) prohibiting the destruction of. or any act which may tend 10 the destruction of or cause injury to. any forest produce or forest gro"1h or forest property: (e) pro,·iding for the seizure. detention. and disposal of timber or forest produce taken. collected. prepared. sold. pur­ chased. possessed or not marked. in contravention of the rules OJ in respect of which an,· offence against the rules has been committed: (() providing for the establishment of nurseries and for the afforestation of lands. the preservation and production of forest produce and the introduction of forest produce and the introduction of new species of trees or other forest produce: (g) providing for the management, utilization and protection of the areas: (it) protecting the forest produce in the areas by:- (i) prescribing the time at which and the manner in which the riehts recoe.nized b\' customen· law ma\' be =~~ - . . . (ii) prohibiting the taking or destruction of any specified kind of timber or minor forest produce in the exercise of such rights as aforesaid: and (iii) prohibiting the exercise of all or any of such rights as aforesaid in ani specified pan of the area; (i) generaliy for giving effect to the objects and purposes for which the areas arc established. (2) By Laws made under this section shall be made known in the same manner as declarations made under section 34 and. subject to an,· exception specified in such rules. all rules made under this section shall apply to all persons who arc subject to the jurisdiction of the local government. and may be made to apply in whole or in part to such other persons as may be specified in the said b,·-laws. 38. A local goYernment may. with the appro,·al of the Commis­ sioner for Local Government in consultation with the Ministry responsible for forests. declare that from a specified date lands or an, part thereof declared to be a communal forcstrv area shall cease to be a communal forestry are~ or a oan of such area and 637 Powe:-10 ,·an or can·::cl dccl::i:-at1on 638 J\larl.mE of boundanc!>. J.JJSLN 5 of JQS2. lm1iro\{"­ mcnt of fur• cs1 genera II). PrC",·cnl10n of offence. Pov.er ton­ cmp: rc:1.am cb.s'ic~ nnd d1Stncts Fon:s1 pro­ duc-e n.•­ quircd for pubiic pur­ poses from lac.al g.on:rn­ mt'nl mrcst fC!,~f\'f.'S. CAP. 51] Foresrrr thereafter from such date such lands shall cease to be a communal forcst1: area or a part of such area. Such declaration shall be made known in the same mannci as a declaration declarine an area a communal fores11:· area. • PART \/Ill-GENERAL PROVISIONS £1111:i-upon Lands 39. An, person required so to do b, the Commissioner for Local Go,·crnmcnt in consultation with the Ministry responsible for forests or the Conscn·ator of Forests ,1-.•ith necessary workmen may enter upon any land for the purpose of erecting a~y beacons or demarcating or cutting any boundary lines within and around any 1,md which i1 is proposed to cons1i1u1c a forest reserve- or a protected forest and around any portions of land included as enclaves. 40. Any forestry officer 1101 below the rank of assistant conser­ ,·ator of forest may enter upon any land and may cut out and destro~ any diseased. dead or dying tree or any tree likely to cause dam:igc to an~ forestry property or to life or property. 41. It shall be lawful for an, forcst1:· officer. or police officer 10 prc,·cnt the commission of any forestry offence. 4~. The Go,·crnor ma, b, notice in the State Gazcne withdraw from the opcrauon of all ·or ·any of the provisions of this La" any class of persons or an, tribe or part of a tribe. or any area specified therein. cnhcr for the period mentioned in the notice or without period assigned. .\Jisce/la,wous 43. It shall be lawful for the Commissioner to take from a,w local gon'.-rnmcnt forest r<:scrve or protected forest any forcs·t produce which may be required for public purposes upon payment of a fair and rcasonabk price therefor which price shall not exceed such fees and royallics as may be specified in regulations and afe gcn~rali~ applic:ible in resp~ct of the rcscn·e or protcned forest wh~ncc 1:1l' for~st produce- wa5 tak~n. Foresrr r [CAP. 52 44.-( I) All fees received under this La" shall be paid b, the officer receivino them into the Treasury of the State save that fees payable in resPcct of any local govcrn.mcm forest reserve or any other area which the Governor may b) notice in the State Gazette prescribe as an area in respect ofwhieh fees arc pa,ablc to the local government. shall be paid by the officer receiving them direct to the local government. C) Ro,·altics shall be paid 10 the person or persons cntnled to rccciH~ them. 639 Disposal of fees :ind r0\al11es. 45. Noth in~ in this Law shall be construed so as to pre,·en1 the s'""'S of acquisition un-dcr any enactment relating to the acquisition of ~~:~~\:~~d1\;1 land~ for public purposes of land included in the area of local ~~~~1/r~~i~:1" govcrnmcni forest rcscn·c or protected forest. reserves for pubilt" Regulatio,1s purposes. 46. The Governor may make regulations for all or any of the purposes following and may specify the area or areas to which all or an) regulations shall apply:- ( I) prohibiting or regulating the taking of forest produce or of any specified kind of forest produce on lands '1l the disposal of Go,·crnmcnt or communal lands: (2) prohibiting the sale and purchase of forest produce or of an, specified kind of forest produce by any person other than the holders of licences and pcrn1i1s granted under this Law. or b~ any other persons orb~ an) classes of persons specified in the regulations: (>) prohibiting the sale. purchase and possession o:- forest produce taken. collected or prepared in contravention of this Law: (5) prohibiting the destruction of. or any act which may tend 10 the destruction of or cause injury 10. any forest produce or forest growth or forest prop;.:rty in an~ forest rrscn c or on l2nds at the disposal of the Go,·ernm~nt or communal lands: rcuulaunc. the c.rant and prescribin!!, the form th31 3ny li;cnce!:-;;r pcrn;its may take in any jj;:1nirular ,·asc:- (a) 10 rake forest produce in forc.•si rcsen·cs or on bnds at the disposal ofGo,·crnm..:nt. or com mun~! bnJs: and Power of Governor to makC' rci;ulat1ons. (b) io sell and purchase forest produce: (6) prescribing the procedure for fixing and making known 10 the public the fees lo be paid on the application for and the grant of any licence 10 permit and the royalties and fees to be paid by the holders thereof: (7) prescribing the persons who may declare any specified bnd of tree 10 be a protected tree and any specified kind of minor forest produce 10 be protected minor forest produce under this Law and the procedure therefor: (8) providing for the collection. payment and disposal offees. royalties. tolls and costs of survey and demarcation: (9) providing for the survey and demarcation of forest reserves and forests: ( l Ol regulating the marketing of timber and the manufacture. use and possession of marking instruments; ( 11) regulating the taking. collection and preparation of forest produce: (12} providing for the seizure. detention and disposal of timber or forest produce taken. collected. prepared. sold. pur­ chased. possessed or not marked. in contravention of this Law or in respect of which any offence against this Law has been committed: ( 13) requiring the holders of licences and permits to render returns and accounts and to submit their books for inspection: providing for the termination. revocation and forfei1ure of licences and permits: ( 15) regulating the transit of forest produce by land and water and by different means and classes of transport: (16) regulating the sah-ing and disposal of drift 1imber: * ( 17) prohibiting any act which might cause the obstruction of any waterway or cause danger 10 navigation: ( 18) pro,·iding for the establishment and maintenance of nur­ series and for the afforestation of lands. the preservation and production of forest produce and the introduciion of new species of trees or other forest produce: / 19) pro,·iding for the management. utilization and protection of forest reserves: (20) (2 I) (22) (23) (24) (25) (26) prescribing the powers and duties of forestry officers: authorizing the payment of grants and bonuses out of ti public revenue for the encouragement of forestry: the protection of forest produce in forest reserved by:­ (a) prescribing the time at which and the manner which the rights reserved or recognized by tl reserve scttlcmen1 officer may be exercised: (b) prohibiting the taking or destruction of any spccifi, kind of timber or minor forest produce in t ei.crcise of such rights as aforesaid: .,nd (c) prohibiting the exercise of all or any of such rights aforesaid in any specified pan of a forest reserve: 1he control of protected forests and the protection offon produce in a protected foresi 11111rn;is 111wa11dis as if su protected forest were a forest rcsen·e: regulating the kindling of fires for any purpose within protected forest or a forest reserve and prescribing t persons who may allocate the period during which fire m or may not be allowed for any purpose: providing for the remission er reduction of any royalty. I or toll charged or payable under 1he provisions of this La generally for giving effect to the objects and purposes this Law. 47. The Governor may make regulations for imposing tolls forest produce or any kind of forest produce conveyed on a inland \\·aterways opened or impro,·ed by the Government. 48. The Governor may b,· notice in the Stale Gazette exclu from 1he operation of any regulations made under sction -i6 or any area prescribed in such notice. 49.-( I) A local government. "·i1h the appro,·al of the Go,· nor. mav make rules for an, of the purposes prescribed in secti -16 for tl~e general protcc1ion and managemelll of forests and for produce. exclusive of Government forest reserves. in the a· within its jurisdiction. (2) Subject 10 any exception specified in such rules. all ru made under this section shall apply to all persons who are subj AclS prohi• bited in a forest reserve, Sa,·ing in respect of section SO. to the jurisdiction of the local government and mav be made to apply in whole or in part to such other persons as mav be specified in the said rules. • Offences and Legal Procedure 50. \Vhoever in any forest reserve, except with the authoritv in writing of the prescribed officer:- • (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: (dJ 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 by an order of the Commissioner or a local government; (e) pastures cattle or permits cattle to trespass; (() digs, cuts, turns or cultivates the soil or makes a farm or plantation; (g) trespasses in any part of a forest reserve in which trespass shall be prohibited by an order of the Commissioner or a local government or during any period specified in an order of the Commissioner or a local government; tr' (h) const~cts any dam or weir across any river or stream or otherwise obstructs the channel of any river or stream; (I) resides or erects any building; (]) hunts or fishes; (k) damages in any way or destroys any forestry property, shall be liable on summary conviction, to a fine of two hundred naira or to imprisonment of twelve months or to both. SI. Nothing in section 50 shall prohibit the exercise by anv person or community of any right in a forest reserve constituted under this Law if such right has been recognized in the order constituting such forest reserYe. 52. Whoever within a protected forest, except with the author ity in writing of the prescribed officer:- (a) uproots, fells or otherwise damages any protected tree o over two feet in girth: (b) otherwise than during the period of year allowed for thi purpose, either sets fire to or allows fire to spread to an: forest growth unless such forest growth is being or has bee1 felled for farming purposes; (c) contravenes any of the provisions of paragraph (b) of sectio1 19, shall be liable on summary conviction to a fine of one hundre, naira or to imprisonment for six months and in addition theret, may be required by the court to pay a sum equivalent to the fee and royalties payable on any forest produce removed or damage, and also such amount, if any, as the court may consider just a compensation for any damage done. 53.-( I) Any forestry officer or police officer not below the ran: of assistant superintendent of police may himself or by an Government employee acting under his directions, seize any forei produce reasonably suspected of having been unlawfully obtaine, or being unlawfully removed. (2) Where the person suspected of having committed the o: fence in respect of which the forest produce has been seized ha not been charged and the offence has not been compounded a hereinafter provided, such officer, after obtaining the order of magistrate, may:- (a) sell such forest produce and pay the proceeds thereof afte deducting the expenses of the sale either to the Treasury c the State or to the local government treasury, as the cas may be; or (b) destroy, or allocate such forest produce either to the use c Government or the local government, as the case may be. 54. Any person who:- (a) forges or fraudulently uses, or aids or abets any person t forge or fraudulently use, any registered hammer or hammc mark or any mark used for denoting the ownership of an \· Arrest of suspected persons. Innocent possession. Onus of proof. forest produce, or any other mark used by the Forestry Division of the Ministrv of Animal and Forest Resources in connection with the administration of the provisions of this Law, or any mark similarly used by a local government: or (b) alters, removes, destroys or defaces any such mark placed on forest produce or any boundary mark of a forest or of any land proposed to be included in a forest. shall be liable to a fine of two hundred naira or imprisonment for two years or to both. 55.-(1) It shall be lawful for any forestry officer to arrest without a warrant any person who may be reasonably suspected of having committed any offence under this Law, if such person refuses to give his name and address or gives a name and address which is believed to be false, or if there is reason to believe that he will abscond: Provided that any person so arrested shall be taken before a magistrate or to the nearest police station without unnecessary delay. (2) A local government forest guard shall, in respect of persons subject to the jurisidiction of a local government, have similar powers to those given to a forest111 officer by this section: Provided that the person arrested shall be taken before an area court without unnecessary delay. 56. When any person is charged "'ith the breach of any regulation prohibiting the sale, purchase or possession of any forest produce taken, collected or prepared in contravention of this Law, such person shall be liable to be convicted of such breach unless be shows to the satisfaction of the court that he was unaware that such forest produce was taken, collected or prepared in contravention of this Law. 57. The onus of proof that any forest produce has not been taken in contravention of this Law shall lie upon the person in whose possession the forest produce is found. 58.-(1) Where a person is reasonably suspected of havin. committed an offence against this Law, other than an offenc, under section 54. anv forestn· officer not below the rank o assistant consen·ator of forests may. instead of taking proceeding against such person in court, receive from such person a sum o money by way of compensation for the offence that he is suspecte, of having committed together with the value of the forest produc­ er forestry property in respect of which he was suspected ofhavin: committed an offence: Provided that the money received by way of compensation shal not amount to more than twice the fees and royalties, if any estimated to have been lost on the forest produce in question, o twice the value of the forestry property in question, as the cas, may be. (2) On sucl! payment being made the suspected person, if ii custody, shall be released and no further proceedings shall be take1 against such person in respect of such offence, any property seize, as being liable to forfeiture shall be restored and any proceeding pending in court in respect of the same person on the same fact: shall be withdrawn. (3) Any sums received under the provisions of subsection (1 shall, if the forest reserve or the protected forest in respect o which the offence was suspected of having been committed was , local government forest reserve or local government protectec forest, be paid to the local government concerned and if not th< sums shall be paid into the Treasury of the State. 59. Any person who contravenes any regulation made unde1 this Law or the conditions of any licence or permit issued unde1 this Law for which no penalty is expressly prescribed shall be liablt to a fine of one hundred naira or to imprisonment for six month: or to both. 60. In addition to any penalty imposed for an offence agains· the provisions of this Law or any regulations made hereunder th< court may order:- (a) any forest produce in respect of which the offence wa! committed or any instrument or thing with which the offence was committed to be forfeited and disposed ofas the court may direct;