Forest Reserve Act (Cap. 84)

LAWS OF SEYCHELLES FOREST RESERVES ACT CHAPTER 84 REVISED EDITION 1991 PRtNT'BD FOR THE- GOVERNMENT OF SEYClffiLLCS BY SPACE 1HE GOVERNMENT PRINTER 1991 ED] SECTION FOREST RESERVES ACT CHAPTER 84 FOREST RESERVES ACT [25/hMarch.1955J ARRANGEMENT OF SECTIONS [CAP 84 Act 2 of 1955. Act 3 of 1959. S.l. 104 of1975. s.i 72 of1976. Act 23 of1976. 1. Short title. 2. Power of Minister to constitute Forest Reserves. 3. Power ofMinisterto direct that ForestReserves shall cease to be a Forest Reserve. 4. Sale, lease, mortgage etc., of Forest Reserves to be void. 5. Person destroying or removing trees, wood or forest pro duce liable to penalty. 6. Person trespassing liable to penalty. 7. Person found with axe etc., within Forest Reserve liable to penalty. 8. Person lighting or allowing fire to be lighted in certain circumstances liable to penalty. 9. Powers afForest and Police Officers. 10. Interpretation. 1. This Act may be cited as the Forest Reserves Act. 2(1) The Minister may by order published in the Gazette constitute any area of State Land a forest reserve. (2) Any such order shall (a) specify nearly as may be the situation and limits ofthe land so constituted a reserve; and (b) state the date on which the order shall become opera tive. 1 Short title. 3/2311976. Pcwcraofthe Ministerto constitute Forest Reserves. S.l.7211976. 1991 ED] FOREST RESERVES ACT [CAP84 Power of Minister to direct that Forest Reserveshallcease to be 0. Forest Reserve. S.I. 72/1976. Sale. lease. mortgage. ere. of Forest Reserves to be void. Cap. 218 S.I. 72/1976. Person destroying or removing trees wood or forest produce liable to penalty. S,1. 104/1975. Person trespassing liable to penalty. SW.1. 104/1975. Personfoundwith axe, etc. within Forest Reserve liable to penalty. S.I. 104/1975. 3. TheMinister mayby order published inthe Gazette direct that fromthe date specified thereinanylandor anypart thereof constituted a forest reserve shall cease to be a forest reserve or, asthecasemaybe,apartofa forestreserve; andthereuponfrom that date suchlandor part thereofshall ceaseto be,or to bepart of, a forest reserve. 4. Notwithstanding any of the provisions of the State Lands and RiverReservesAct, it shall not be lawful for the President or anypersonacting onbehalfofthe Government of Seychelles to sell or otherwise alienate any land or any part of any land constituted a forest reserve, or to grant anylease, mortgageor any other right on such land and any such sale or alienation, lease, mortgage, right, ifrnade orgrantedincontravention ofthe provisions of this section, shall be void. 5. Any person who destroys or removes, or causes to be destroyed or removed, or attempts to destroy or remove any tree, wood or forest produce on or from any forest reserve withoutthewrittenpermission ofthe ChiefAgricultural Officer, shall be guilty ofanoffence andliable onconviction to afine not exceeding five hundred rupeesandto imprisonment notexceed ing six months. 6. Anypersonwho,unless accompanied bya forestofficer or delegate or inpossession ofa writtenpermit issuedbythe Chief Agricultural Officer, shall be found within any forest reserve, otherwise than on a public road or foot path, shall be guiltyof an offence andliable on conviction to a finenot exceeding five hundred rupeesandto imprisonmentfor aperiodnot exceeding six months. 7. Any person who without the written permission of the Chief Agricultural Officer shall be found within any forest reservehaving inhispossession anyaxe, hatchet, sawor other instrument or implement used or likely to be used or capable of beingused for cuttingtrees or workingtimber shall, unlesshe proves to the court that such axe or other instrument or implement wasintended to beusedfor some lawful purpose,be 2 1991 ED] FOREST RESERVES ACT [CAP84 guiltyofanoffenceandliableonconviction to afinenot exceeding two hundred rupees. 8. Anyperson who, (a) lights or causes or authorises to be lighted a fire or charcoal pit in a forest reserve; (b) lights or causes or authorises to be lighted a fire or charcoal pit in anyplaceso situated that any tree or forest produceina forestreserve is thereby indanger of beingburnt or injured by fire, without having previously obtained written permission from the ChiefAgricultural Officer or any person duly authorised by him in writing, shall beguilty ofan offence and liable onconviction toafine notexceeding onethousand rupees andtoimprisonment notexceed ingoneyellT' Providedthat the permission so grantedshall not be a defence to anycriminal prosecution or civil actionto which suchperson may be subject under any law in the event of the fire causing damage to property. 9. Anyforestofficerandanypolice officer mayfor thepurpose ofcarrying the provisions of thisAct into effect (a) stop and search any person whom he reasonably suspectsto be in possession of wood or other forest produce stolenor unlawfully obtained in contraven tion of the provisions of this Act, and search any baggage, parcel or vehicle under the control of that personandanypersonwhofails to stopwhenordered to, by a forest or police officer as aforesaid shall be guiltyof an offence and liable on conviction to a fine not exceeding two hundred rupees. (b) seizeandremove woodor otherforestproducefound asaresultofa searchmade underthe powers given by the preceding paragraph whenever such forest or police officer shall have reason to believe that such wood or forestproducehasbeenstolenor unlawfully 3 Person lighting or allowing fire to be lighted in certain circum stances liable to penalty. S.I.104/197S. Power. ofForest and Police Officers:. 6/3/1959. 3/23/1976. 1991 ED] FOREST RESERVES ACT [CAP 84 Interpretation. S.l 104/1975. 3/23/1976. obtained or obtained in contravention ofthe provi sions of this Act; (c) arrest any person who shall be found in possession of wood or other forest produce whenever such forest or police officer shall have reason to believe that such wood or forest produce has been stolen or unlawfullyobtained or obtained incontravention of the provisions of this Act and such person shall be taken to the nearest police station to be detained there pending enquiry: Provided that when such enquiryisnot completed within twenty-four hours after such person was so arrested or detained, he shall be brought before a Judge or a Magistrate as soon as practicable; (d) seize and impound any animal straying in a forest reserve. 10. In this Act unless the context otherwise requires "tree" shall mean live timber. stumps. seedlings. saplings and reshoots ofallagesandthebranches andtwigsthereofrespectively; "wood" shallmeananytreeor part of a tree whichhas been cut or has fallen down and includes any timber or any other produce derived therefrom; "forest produce" shall mean any brushwood, shrub, underwood, firewood, cordwood, bark, seeds,gum, leaves, cattle-fodder, grass, ferns, bamboos, fruits and suchother things as the ChiefAgricul tural Officermayby noticepublishedin the Gazette declareto be forest producefor the purposesof this Act; "destroy" shall mean fell, cut, mutilate, lop, bark or in any way whatsoeverbreakor damage; "remove" shall meancarry, conveyor take away in any manner; "forest officer" shall mean any officer or overseer employed by the Departmentof Agriculture for the care and supervision of forest reserves; 4 1991 ED] FOREST RESERVES ACT [CAP 84 "forest reserve" and "reserve" shall mean any area constituted a forest reserve under this Act. NO SUBSIDIARY LEGISLATION 5