Forestry Act (Chapter No. 216)

INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTBR No. 216. Forestry. GENERAl AN NOTATION. AO:-'flNISTRATION. ,,\~ oil 1~ February 1976 (the date of gazertal of the molt comprehensive allocat iou "I r<:~p<Jl')lbdH1C:) 10 Minisrers and Deparunents at about the effective dare), the admuus n .• · lion uf this Chapter was vested in the Minister for Primary Industry. Anordinl'ly, II) ill Ih'll dille, unlcss some other intention i. dcarly indi<ill<·.I. I,y lilli' or 10 the text, references in and in relation to this Chapter to "the: MlIli~ld'-should be read as references to the Minister for Primary Industry; "the Departmental Head"-should be read as references to the Secretary for Primary Industry"; "the Depanmem"-should be read as reference. EO the Department of Primary Industry2. TABLE OF CONTENTS. Page. Forntry Act 3 Forestry R(xu/~tion 19 Subsidiary Legislation 37 Appendix Source of Act. Source: of Regulation. I Prt",\,'luua.!y tI'f' L.>Uf:'c lur o' Nrt'I.I . • Pr","wuaJy chr DrcPUCflWlI1 01 ror~Il&. INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTER No. 216. Forestry Act. ARRANGEMENT OF SECTIONS. \. lnrerpretauon-« "Iirewood" . "Forest Inspector" "Forest Officer" "forest produce" "Government land" "licence" "National forest" "permit" "the regulations" "reserved trees" "rhrs Au" "limber" "umber ril(hlS" "umber fights purchase area" tree 2. Preservation of righu under other Acu. 3. Powers of the Minuter. 4. Forest Officers. 5. Forest Inspectors. 6. Dedication of National foresu. 7. Declaration of reserved trees. 8. Purchase of timber rights. 9. Leases. erc., within Nalional Ioresu, 10 Permits and licences. II. Resrricnon on granl of permits .nd llceeces. 1'2. Perrruts. 13. Permits in special areas. 14. Reaflorestarion where permit gramedtO major forel! enterprise. 15. LICences. 16. Royalties on permits and licences. 17. Transfer of permit or licence. 18. Removal of forest produce. 19. Forfeiture :0. Power to seize and sell timber. ::: 1. Orlences. 22. Unlawful possession of forest produce. 23. Receiving forest produce unlawfully obtained. 24. Emry and inspection of land. 25. Award of damages, 26. Seizure and sale of foreu produce for offence. 3 Ch. No. 216 Forestry 27. Presumption II to property in fOteSt produce. 28. Conduct of proceedings. 29. Unbranded timber. 30. Seizure of forest produce wuil royalty, eec., paid. 31. Search warrant for forest produce. 32. Protection of officers. 33. Export of certain timber. 34. Regulations. 4 INDEPENDENT STATE OF PAPUA NEW GUINEA, CHAPTER No. 216. Forestry Aer. Being an Act to provide for the conservancy and maoasement of Ioreus, and for Other purposes. 1. Interpretation. In this Act, unless the contrary intention appears "firewood includes parts of trees made up into bundles, billets or loads. or cut up in the manner used to cut wood for burning. and refuse wood generally; "Forest lnspecror" means a Forest Inspector appointed under Section ~; "Forest Officer" means a Forest Officer appointed under Section 4; "forest produce" means-s (.I) growing or dead trees, whether standing or fallen; and (b) any part of and any product of such trees; and (r) any other vegetable growth. whether alive or dead, and in a National forest or any timber righrs purchase area includes stone. gravel, limestone. lime. sail, sand, loam and brick earth, but does not include oil, metal or mineral; "Government land" means land other than (a) customary land; or (b) land held by a person other than the State for an estate greater than an estate for a term of years; or «() land tlut is the subject of an existing State lease or lease from the State under the LHla Act or any other Acr; or (J> a timber rights purchase area; "licence" means a licence granted under Section 10; "National forest" means land dedicated under Section 6 u a National forest; "permit" means a permit granted under Section 10; "the reg ulat rous" means any regulations made under this Act; "reserved trees" means trees declared under Section f to be reserved trees; "this Au" includes the regulations; "timber" includes fallen trees and felled trees, .nd all wood whether sawn, hewn, split, or otherwise fashioned; "timber rights" means the rights to fell. cut, remove and dispose of growing or dead trees, whether standing or fallen, and' aoy part of such trees, and .in} other vegetable growth. ether than sandalwood trees or any part or pr oduc I of the sandalwood trees, and in a National forest or timber rights purc has« area includes the right to remove gravel and other road making materials; "timber rights purchase area" means an area of customary land over which the Slate has acquired the rights of Ielling, cutting, removing and disposing of timber under Section 8; 5 eh. No. 216 Forestry tree" includes tree, shrub, bush, seedling, sapling and re-shoot of any kind and of an}' axe 2. Preservation of ril(lm under other Acts. Except as otherwise expressly provided in this ACt. this Act does not affect the rights of .oy person under any Act relating to land or mining. ~. Powers of the Minister. In addiuon to any powers conferred on him by this Act, the Minister lw the powers onlerred by this Act on a Forest Officer and a Forest Inspector. i, Forest Officers. The Mltllster may appoint a person who has obtained the degree or diploma of a forest , hoo! recognized by the Minister to be a Forest Officer. '. Forest Inspectors. The Munster may appoint an officer to be a Forest Inspector. Dedicarion of National forests. The Head of Slate, acnng on advice, may, by nonce in the National Gazette, dedicate :IY Government (lind as a National forest. Declaration of reserved trees. The Minister may, by notice in the National Gazette, declare any trees.or members of 1i' species or rlass of trees to be reserved trees. Purchase of timber rights. (1) \V;'}ll:re the customary owners are willing to dispose of the timber- growing on any 'Hi, the State, may acquire the right of felling, CUlling, removing and disposing of the nber on such terms as are agreed on between it and the owners. (2) \X'ht:rc the State acquires the right referred to in Subsection (1), the exclusive right it!lill,q, CUtting, removing and disposing of the timber vests in the State and persons ~;n~:I:,I; under it, and, except i1S provided by this Act, a person shall not, by a purchase or her dealing with the owners of the land, acquire any interest in the timber, either while :5 s!andlllg or after it has been felled. UJ The Stale and persons claiming under it may, for the purpose of felling, cutting, moving and disposing of the timber (.J) enter on the land; and (b) build and use such roads and bridges as are necessary for that purpose, t may not erect sawmills or other buildings of any kind. (4) An acquisition of timber rights under this section by the State is void and of no ect unless the State and the customary owners from whom it is acquiring the rights enter o a written agreement that specifies-« (.J) the term during which the rights are to be exercised; and (b) subject to Subsection (5) (i) the sum to be paid by the Stale for the ri,ghu; and (ii) the manner of payment of the sale price for the ri,ghu; .nd 6 Forestry Ch. No. 216 (iii) the basis on which that swn has been calculated, including (A) the e snmared volume, weight or other measure of quanriry vi merchantable timber in the area covered by the timber righlS purchase; and (8) the price being paid per unit of volume, weight or other measure of qusnriry; and (iv) any other matters agreed on between the State and the owners, and includes an undertaking by the State to provide the vendors of the timber rlglm CII their agent with full particulars of any permit that is subsequently granted in re spec t 01 alie timber rights the subject of the agreement, (5) If is a condition of every agreement under this section that where (liL" vohum. weighr or other measure of quanriry of timber ultimately logged from a timber rll.;lll~ purchase area exct'Cds the estimated volume, weight or other measure of quanuty set out rn the Jglt'Cmenl In accordance with the requirements of this section, the customary owners who were par ncs l\J the agreement. or their heirs or assigns, shall be paid an additional sum III tt'il'etl of (he exc ess, cakulared at [he same rate per unit of volume, weight or other measure 01 quannry as is provided in the agreement. 9. Leases, erc., within National forests. A lease, licence, or authority to occupy Land within a National forest shall nor be granted, extended, or renewed under the Land Aaexcept by direction of the Head of Stille, acting on advice, and subject to such conditions as are prescribed. 10. Permits and licences. (1) Subject to this ACl, the Minister may grant permits and licences to take and contract for the sale of forest produce on (a) any Government land within a National forest, or other Government Land; or (b) land held under lease from the Government; or (c) a timber rights purchase area. (2) Licences may be granted by an officer authorized by the Minister by nonce in (he: National Gazette. 11. Resrricrion on granr of permits Ind licence•. A permit or licence shall not be granted under this ACl in respect of land rhe occupation or inundation of which is authorized by a licence or lease granted under [he: W""tr Resource: Act, unless (a) the licensee or lessee under the WaItt' Resources Act agrees to the grant; or (b) the licence or lease granted under the WaItt' RtJOurm Act contains a condition that such a permit or licence may be granted under this Act, and unless (c) the permit or licence granted under this Act contains a condition that rhe operations under the permit or licence (i) shall not interfere with or restrict the operations under the licence or lease under the Waltr Resources Act; and (ii) shall be completed before a date to be specified in the permit or licence, being a date not later than the date on which the occupation 7 h.No.216 Forestry or IIlUllJoI!JOn is 10 commence in accordance with the licence or lease under the \\.".Ilrr Resour,«) Ad; "nd (J) t he permit or IlCI:lKe under rhis Act is in accordance with any conditions conramed in the agreement referred to in Paragraph (ot), or the condition referreJ to in Paragraph (b), as the case truly be, L Permits. (I) A !x'rmlt (.I) shall be in the prescribed form; and (b) subject 10 this Act and to the covenants, terms and conditions expressed in the permit, confers on rhe holder the exclusive righ; or the right, in common with other permit holders, to lake and remove any timber. other vegetable xrowlh or roadrnaking materials over which the Stale has rights specified in lhc pernut on ;lnJ from rhe land defined in the permit. 12\ Jn Ill(' (aH: 01 a perrrut over land in a [Imber rights purchase area, all gravel and ',,:( '{l .. :llll,lkl:lg lI1alt'rJals shall bt' ll~t'J ill the construction of roads within the area in ''''l'XI,'r, wuh !"!<I<:IIl}o: "l't·r.j{lt)(l~ or intl,lenral acrivuies. , .)) SU~)Jttl It) elliS Al t anJ (() rhc covenants. terms and conditions expressed in the rrn.r, d pernut conters on the holder the fight to build roads and bridges, and, with the ;'(0\'011 of the Minister, 10 extend such roads and bridges on Government land beyond the .mdarics of the permit area. (·1) Subject to Section 13, the term of a permit shall not exceed 10 years. but truly be iewed on such terms and conditions as the Minister specifies. (~) Every permit is subject to a condition that the holder of the permit shall pay the .alnes fixed under Section I() for all forest produce taken under the permit. «,) A permit shall be granted subject to such additional covenants, terms and .Jit1ons as the Minister thinks proper in any particular case and are expressed in the :mlt Permits in special areas. (1) The Minister may, by notice in the National Gazette, declare any Government land [he whole or part of any land held under lease from the State or of a timber righes 'thoUe area to be a special area for the purposes of this Act. (2) Subject [0 this section, a permit in respect of any land in a special &rei may be ntcd for a term not exceeding 25 years. (3) Subject to Section 16, where a permit is granted under this section for a term ceding 10 years, the Minister-s (il) shall review the covenants. terms and conditions expressed in the permit at the expiration of the first 10 years of the term, and at the expiration of each S~bSt''1Llt'11t five yeats: and (b) may. on any such review, direct that the covenants, terms and conditions expressed in rhe perrnir be amended by omitting or varying any covenant, term or condition, or by including any additional covenant, term or condition. (4) Where the Minister directs the amendment of the covenants. terms and conditions ressed in a permit. the permit is, subject to further review III provided in this section, iecr to the covenants. terms and conditions as so amended. 8 Forestry q.Nu.21(1 14. Reafloresrarion where permit granted to major forest entc:rpri.e. Where a limber perrnu in respect of a timber righu purchase area is gri4l1tL'" III " ' erucrpnsc declared by the Head of Slate, acting on advice, by notice in the National Galclle, co be a major forest enterprise for the purposes of this Act, due (OlUldc'raIlDII shall, as soon as practicable after the granring of the permit, be given by the Gover nmc nr anJ by former customary owners of the timber to making mutually satisfactory arrange ments for rcafloresrarion of the whole or part of the timber purchase area to which the permit relates. 15. Licences. (1) A licence (<I) shall be in the prescribed form; and (b) subject 10 the covenants, terms and conditions expressed in the liccnc c , aurhor izcs the lice nsee, in common with other licensees, 10 take and remove [orvs t produce spccined in the licence on the land defined in [he lueuc e. (2) A licence may be granted subject 10 [he payment of the prescribed fces, or the royal lies fixed under Section 16 for all forest produce taken under the licence. d) A licence shall be granted subject to such additional covenants, terms and conditions as the Minister thinks proper in any particular case and are expressed in the licence. 16. Royalties on permits and licences. (I) The royalty payable on timber and forest produce raken under a permit or licence is as fixed by the Minister in the permit or licence, (2) Notwithstanding Subsection (1), the Minister may (<I) at least once in every year during the currency of the licence or permit; and (b) wher e in his opinion there exists a special reason to do so, at any other time d ur ing the currency of the licence or permit, review the royalty payable for any timber or forest produce taken under the permit or licence. 0) Wherc the Minister has conducted a review under Subsection (2), he may vary the royalty payable in relation to the permit or licence by written notice to the permit holder or licensee, as the case may be. (4) Where royalty is varied under Subsection (3), the varied royalty is, from [he dalt: specified HI the notice, the royalty payable for timber and forest produce taken under llll' permit or licence, (5) Wht:re royalty is varied under Subsection (3) in relation to a permit or licvnc c. d'l permit or licence is, from the dale specified in the notice, subjecr to the payrucnr (II t h, rovalty as so varied, «,) N()(WHh~I.HlJlllg this section. where the Minister is of opinion that ir is deSICahlt In [ll... noiliullal mrcrest to do so, he may enter into an agreement with a permit-holder or lu ensee , or an}' applicant for a permit or a licence, that the royalry fixed or to be fixed in the permrt or licence shall nOI be varied within such period u is specified in the agreement 17. Transfer of permit or licence. A permit or a licence shall not be transferred except with the written consent of lhe Minister. 9 Ch. No. 216 Forestry 1R. Removal of forest produce. (I) All fOU:SI produce obtained under the aurhoriry of a permit or a licence shall be removed from the land during the currency of the permit or licence, unle .. the time for removal is extended by the Minister on such conditions (if any) u he thinks proper. (2) Any forest produce nor removed in accordance with Subsecrion (1) iI forfeited to the Sure, and may be disposed of by the Minister. 19. Forfeiture. Every permit and every licence is liable to forfeiture (a) for default in payment of the fees or royal lies payable under the permit or licence; or (0) on breach or non-observance by the holder of any of the provisions of this Act relating 10, or any of the covenants, terms or condiriora expressed in, the permit or licence Q. Power to seize and sell timber. ( I) Any limber CUI in contravention of this Act may be seized and, after the expiration i the period of one month from the publication of notice of the seizure in the National ~azelle, may be sold by the Stale. (2) The proceeds of the sale shall be paid into the Consolidated Revenue Fund. (3) Timber seized under this Act shall be marked with a prescribed mark. (4) A person who Wilfully lind without reasonable excuse removes timber that has been .izcd under this ACI is guilty of an offence. Penally: A fine not exceeding K 100.00 or imprisonment for a term not exceeding six months. I. Offences. A person who (a) without lawful authority, fells. cuts, injures, destroys, obtains, or removes any forest produce in, on or from (i) a National forest or other Government land; or (ii) land held under lease from the Government; or (iii) a limber rig hts purchase area; or (b) hghts or kindles a fire within the boundaries of a National forest or timber rights purchase area and leaves the fire without taking due precaution against ilS spreading or causing injury; or (,) counnrfeirs on, or unlawfully affixes to, any forest produce a mark wed by l-oresr Otlicer s or Forest Inspectors to indicate that such produce-s (J) IS rhe property 01 the Scale; or (ii) 1\1011' be lawfully lUI ur removed; or (iii) has been inspected and passed as suitable for export; or (J) without due authority (i) makes or causes to be made; or (ii) uses or causes to be used; or 10 Forestry Ch. No. 2)() (iii) has in his possession, a brand or stamp usually used by Forest Officers or Forest lnspecrors: Of (t) unlawfully alters, obliterates, defaces, pulls up, removes or dl'SlCop .. boundary mark, or any stamp, mark, sign, licence, permit or order. U~l.'J or ISSUl.'J by the Minister. the Departmental Head or a Forest Officer or Forest lnspecror: or (j) unlawfully-s (i) CUlS, breaks, throws down or otherwise destroys or damages any building, fence or gate in or enclosing a National forest; or (ii) cuts through, breaks down or otherwise destroys the bank, dam. or wall of any pan of any natural or artificial reservoir or pond of water within or partly within and ad joining any National forest; or (g) for the purpose of obtaining (i) a favourable report, recommendation, certificate, valuation or royalty assessment, whether in respect of any place, employment, sale, aucrion, permit, licence, lease or authority, or any Other benefit; or (ii) any abstention on the part of a Forest Officer or Forest Inspector from any act which forms pan of his duties, exercises compulsion on a Forest Officer or Forest Inspector by violenc c' or threats, or corrupts or attempts to corrupt him by promises, offers, gifts or presents; or (b) refuses or fails to comply with a lawful direction of a Forest Officer or a Forest Inspector: or (i) knowingly furnishes the Minister, Departmental Head or a Forest Officer or Forest Inspector with a false or incorrect statement of any forest produce on which fees. royalties, or charges are payable to the State, felled, cut. split, sawn, or removed by him or by any agent or employee of his; or (j) knowingly makes or causes to be made Iny enuy or writins that is false in any material particular, in any book, return, declaration or statement required by the regulations to be kept or made, is guilty of an offence. Penalty: A fine not exceeding K200.00 or imprisonment for a term not exceeding 12 months. 22. Unlawful possession of forest produce. (1) A person who (a) is found withm (i) a National forest or other Government land; or (ii) land held under lease from the State; or (iii) a timber rights purchase area, or in the vicinirv of any such fOCe1I, land or are.; and (b) has in his possession any forest produce; and 11 Ch. No. 216 Forestry (f) on bemg required 10 do so by a Forest Officer or a Forest Inspector, refuses or fails 10 give an account to the satisfaction of the officer of the manner in which he came into possession of the forest produce. 'S guilly of an offence. Penally: A fine not exceeding K20.UO. (2) Any for<:sl produce in respect of which an offence agailUt Subsection (1) has been omm.ncd is Iorleircd 10 the State '3. Receiving forest produce unlawfully obtained. A person who receives any forest produce knowing it to have been unlawfully obtained , gUI!ly of an offence. Penalty: A fine not exceeding K 100.00 or imprisonment for a term not exceeding six months . •1. Emry and inspection of land, 0) 'i'lw Munster. a Forest Officer or Forest Inspector may enter on any land held or .cupicd by virtue of II permit, licence. or other authority under this Act, for the purpose (u) IIlJklllf; In~p(,'((IOIlS. or (bJ lJrrylng out silv.cultura! opcrauons or other forest work; or (f) preventing or suppressmg fires, (2) A person who obstructs or hinders the Minister, a Forest Oflicer or Forest ispecror in the exercise of his powers under Subsection (1) is guilty of an offence. Penalty: A fine not exceeding KIOO,OO or imprisonment for a term not exceeding six months. i. Award of damages. A person who commits an offence aSlAinS[ rhis Act is, on conviction. in addition to the nally [or the orlence, liable for any loss or damage caused by the offence and the amount such Joss or damage may be (oJ) awarded by the court in fixing the penalty; and (b) recovered in the same manner as a pecuniary penally. Seizure and sale of forest produce for offence. (\) Where [here is reason to believe that an offence has been committed in respect of " forest produce, ir may be seized by a Forest Officer or a Forest Inspector and stamped moll Ked with a distinctive mark, and it is the property of the Stale until the title of a . iul owner is established. (2, Fore sr pro,!ucc' sl'ilnl LInder [his section may be sold or otherwise disposed of as ~!I!\:\t{'r ,1lll'llS an.i, subjec r to the claim to the proceeds of any lawful owner of the est prod uce, the proceeds of the sale shall be paid into the Consolidated Revenue Fund. Presumption as to property in forest produce. \~'here in any proceeding under this Act a question arises as to whether any forest duce is the property of the Slate, the forest produce shall be presumed to be the 'perty of the State until the contrary is proved. 12 Forestry Ch. No. 21() 28. Conduct of proceedings. (1) A Forest Officer or Forest Inspector may lay informations and conduct prosccu rions for oflenccs under this Act, and the Minister may sue for and recover Iees , royalucs , and charges due ,HId 1'.lyablc- under this Acr. (2) In .IIII' PfU\t'lU[1On or prcx eeding under this ACt, proof is not required of (01) the appouurne nt of the Departmental Head or of a Forest Officer or For est lnspecror ; or (b) any authority, general or special, of any such officer to prosecute or to take any proceedings or to sue. 29. Unbranded timber. (I) Pending inquiry, a Forest Officer or a Forest Inspector may seize and detain unbranded timber in course of conveyance without a written permit from a Forest Officer or a Forest Inspector, and damages are not recoverable with regard to the seizure or detention if it afterwards appears thilt the timber has not been removed in conrravenuon of this Act (2) All unbranded timber seized and detained under Subsection (1), shall be deemed to be the property of the State III the absence of proof by the person in charge of the timber rhar it IS private pr ope rrv. 30. Seizure oi forest produce until royalty, etc., paid. All forest produce cut or obtained on which any royalties. dues or charges are payable under this Act (01) are the property of the State; and (b) may be seized and detained or removed by a Forest Officer or a FlJrnl Inspector. unril the royalnes, dues and charges have been paid. and in default of payment wirhrn .'0 days of seizure. may be disposed of. .H. Search warrant for forest produce. On the complaint on oath of a Forest Officer or Forest Inspector stating his belief thJ~ any I'Hl'S! produce liable to the payment of any royalties. dues or charges is secreted in any place other than a Narional forest or a timber rights purchase area, a Magistrate Grade II., III. or IV. may issue a warrant to search for the forest produce. 32. Protection of officers. No matter or thing done bona fide by the Minister, the Departmental Head. a Forest Officer or Forest Inspector in the exercise of his powers or in the performance of his duties under this Act makes 111m personally liable . .n. Export of certain timber. (1) The MInister may, by' notice in the National Gazette, declare that any species or class of timber specified in the notice shall not be exported unriJ (..I) rhe limber has been inspected; and (b) the permission of the Minister to the export has been obtained. (2) A person who exports any timber ro which a notice under Subsection (I) appli('\ and which does not bear a mark or brand affixed by a Forest Officer or a Forest Inspector 13 Ch No. 216 Forestry indicaung thilt permission has been given under that subsection u liable to I nne not excceding K 12.00 for each cubic metre of the timber. 34, Regulations. (\) The Head of State, acting on advice, may make regulations. not inconsistent with tlus A((, prescribing all matters rhar by this Act are required or permitted to be prelCribed, or ItW are necessary or convenient to be: prescribed for carryil'lj OUJ or aivil\& efJeCllo lhu Act, and in particular prescribing matters for and in relation to (a) management 01 (i) National forests: and (ii) forem on other Government land and land held under leue from the Stare: and (iii) timber lights purchase areas, including the regulation of (iv) the cutnng. removal, hewing and sawing of timber; and (v) the CUIIIll~. hewing , str ipping , tapping, and removal of other forest pCOC!Ult', Jnd (b) lhl· Ior ms 01 pcr nut s, licc nccs , and other aurhor iries under this ACI, and rt'~ulJlIns the manner of applying for, granting, issuing. registering, and transferring them and the covenants, terms, and conditions under which they shall be held, determined. cancelled or withdrawn; and (c) the procedure for the sale, by auction or by tender, of forest produce, and enabling upset prices or minimum royalties to be fixed; and (J) the assessing of royalty on forest produce; and (t) the manner of doing or performing anything required by this Act to be done or performed; and (/) the fees or deposits to be: paid with any application or tender..and (g) rhe rare or amount (i) 01 renrs, It't's, dues and charges payable in respect of permits, licences aud other aurhoriues under this Act; and (ii) Iees to be: 1'..11.1 to lht' Stare In respect of services rendered by Forest Othc crs or Forcsr lnspecrors: and (h) the In's (If any) I'd}"abk in respect of any mailer under this Act; and (i) regulating the exercise 01 the powers conferred by permits, licences, and orher aurhoriues under this ACI. incJuding (i) the proiecrion and preservation of trees; and (ii) the CUlling, marking. and removing of timber and other forest produce; and (j) the making of declarations or written statements as to (i) the quanriry and dcscr iprion of forest produce obtained. held, removed, hewn, sawn or otherwise treated, consigned or exported; and iii) the place where any forest produce was obtained; and (iii) the place to which it was. or is intended to be, consigned; and 14 Forestry cs. No. 21(, (10) [he InSl'l'dln~ 01 forest produce for export and for 10<!a1 we, and the forms and (l'rtltilales, and the brands or marks, 10 be used; .nd (I) rules fur the graJing of limber for export and for local use; and (m) rcgulanug or prohibuing the export of any species or class of timber or other forest produce; and (") prohibiting the curring of reserved trees; and (0) the kinds, sizes and quantities of any forest produce that may be cut or removed in or from (i) a National forest; or (ii) any other Government land; or (ui) any land held under lease from the State; or (IV) a timber rights purchase 'area, ~nJ pruhl11llill8 (he removal of any fore II produce until branded by iI FornI Officer or Forest Inspector ; and (p) the mode 10 which any forest produce is to be branded or marked, and the way in which such brands or marks shall be registered; and (q) the estublishrne nr of depots where timber and other forell produce may he deposited and stored and (i) charges for depositing and storing timber and other forest produce in such depots: and (ii) the regulauon and management of such depots: and (iii) the detention of timber or other forest produce in such depots until the royalty or other charges on the timber or other forest produce are paid; and (r) requiring the holder of any permit, licence or other authority under this All to produce for inspection by the Departmental Head, or by a Forest Officer or Forest Inspector, all books of account, returns and other documents 10 enable the royallies payable to be ascertained; and (s) n:gul.lling or prohibiting rhe burning-off of forest produce and the lighring and use of lires wirhin any National forest or timber righrs purchase area or within any specified part of a National forest or limber rights purchase area; and (I) regulating traffic through National forests, and the prevention of trespass in any part of a National forest; and (II) enabling Forest Officers or Forest Inspectors to give directions regarding the roads or tracks in or by which any forest produce may be removed or taken through any part of (i) a National forest; or (ii) other Government land; or (iii) land held under lease from the State; or (iv) a limber righrs purchase areas, and the manner of such removal or taking; and (I) re serving any arl:a of (i) a National forest; or 15 :h. No. 216 Forestry (ii) a umber reserve; or (Iii) other Governme nr land; or (iv) land held under lease from the State; or (v) Il timber r1shts purchase area, from the operation of any permit, licence, or other authority under this Act; and (u.~ reserving any area of National forest or other Government land required for the agistment of draught cartle used by any person holding a permit, licence, or other authority under this Act from the operation of any permit, licence. or other authority under this An; and (X) rt·XlIl.ilJllg rcatlure stanon in a Nauonal forest, timber rights purchase area or spl'll.d areJ dn·l.lIc'-! under Secuon 13; and (}) pr ovrdinj; tor advrsury services and assistance to be made available by the St ill c' to srunulare cconoruic development in areas where timber rights are purchased under this Aer, and lO encourage participation in such development by customary owners who dispose of their timber rights under this Act; and (z) prohibiring, except under permit, the depasruring of cattle within, and regulating the passage of cattle through. a National forest; and (za) authorizing Forest Officers or Forest Inspectors to stop, detain, or seize any forest produce within the boundaries of, or on any public highway within or abutting on (i) a National forest; or (ii) any other Government land; or (iii) an}' land held under lease from the State; or (iv) a timber rights purchase area; and (zb) requiring the holders of permits, licences. and other authorities under this Act to register in the Department. and retain the we of. a brand by which timber cut in or proceeding from their holdings may be distinguished from any other timber; and (u) the registration of sawmills and other factories or industrial plants dependent on supplies of forest produce; and (zj) regulatillg the purchase of forest produce from natives! by persons other than natives I; and (UI the form of authority to purchase forest produce from the owners of customary land. and the conditions subject to which such an authority may be granted; and (1./) the protection of forest produce on (i) any Government land; or (ii) any land held under lease from the State; or (iii) customary land, and regulating the CUlling, hewing. sawing, or other methods of conversion of that forest produce; and 16 Forescry Ch. NQ. 216 (zg) the Imposition of penalties of fines DOl exceedilli KlOO.OO for otJ~nce. against the regulations. (2) Tile regulations may be of general application or may be limited co a particular area or restricted in therr operation to (a) National forests; or (b) other Government land; or (I) land held under lease from the State; or (J) timber rights PU(c~ areas; or (I) certain species of timber or other fOretl produce. 17