Private Forests Act 1951 (No. 3 of 1951)

AGRICULTURF.: ACT 3/1951 ~~.[-2 THE PRIVATE FORESTS ACT Dale of COIIIIllCllCfIlWIlI: !6/h March, 1961. AJI Acl 10 provide for the better regulation and protection 0/ private forests ill Swaziland. Sltorl Iii ie, I. This Act may be cited as the Private Forests Act, 1951. [lllerprt:la/ i oll , 2. (1) In this Act unless tile context otherwise requires "child" means any person who in the opinion of the court is under the age of CUU\{CI;!1 yeat s , "district commissioner", means the administrative officer in charge of the district and includes any adrninlstratlvc officer acting under his direction or silting in a judicial capacity; "fin:-u<;!," JUl:dll~ d. ~(liJ! u C luau, .,...1",,(11<:, ...",..1<:, lll:<::~ ...l 'IQl, wh'd, ;;5 ;5ct a~idc and maintained for the purpose of preventing the spread of veld or forest fires; "forest ofllcer" means any person upon whom the powers of a forest officer under this Act may be conferred in writing by the Miuister ; "forest produce" includes any of the following things when found in or removed from any private forest; Trees, timber, wood, firewood, wattle, kraal-wood, slabs, chips, plants, rushes. bedding, grass, reeds, peat, fibres, leaves, moss, flowers, ferns, seeds, roots, bulbs, galls, spices, bark, gum, rubber and anything which is grown within a forest or removed from a forest; game, birds, fish, skins, horns, ivory, sawdust, charcoal, honey, wax, shells, earth, stones and anything which is contained in a forest; MInister·' means me rvnnrster for Agttcuuure; "peace officer" means any person defined as such by section 2 of the Criminal Procedure and Evidence Act; "private forest" means lands which the Minister by notice published once in tile liazetle ami m an issue of a newspaper circulating In swaznanu nas declared to be a private forest and upon which a notice to this effect in the English and siSwati languages is prominently displayed; "timber" means all wood contained in trees whether standing, fallen or felled and "II wood produced in Sw,,-:;dl"-nd whether Sllwn, spfit, h.. wn. plflned or otherwise finished or processed; "tree" means the whole or any part of any tree as ordinarily understood or of any shrub, bush, seedling, transplant, sapling, reshoot, underbrush or reo growth. STATUTES OF SWAZILAND ss.2-4 (2) For the purposes of the definition of "private forest", publication in an issue of a lleWspaper shall be presumed to have been effected unless the contrary is proved. (Amended pJj1963; P.25jl964.) hlrljor offences. 3. Any person who (a) without the authority of the owner or his agent in or on a private forest­ (i) cuts, injures, destroys, collects, takes or removes any tree, timber or other forest produce; or (ii) injures, alters, shifts or removes, or interferes with any beacon, boundary mark or fence; or (Iii) li~hts or assists in lighting or uses, rekindles, OJ' adds fuel to any fire, (b) on any private forest or within one mile of the boundary of such forest­ (j) leaves unattended a fire which hp h,a lie-ht.. n ell" ~~~j~!'!'d in lighting; or used or rekindled or to which hehas added fuel, before such fire is thoroughly extinguished; (ii) personally or through his servant or agent acting in the course of his employment, lights or uses, rekindles or adds fuel to any fire wnrcn through his negtrgence spreads or causes damage or injury, shall be guilty of au offence and liable on conviction to a fine not exceeding two hundred rand or imprisonment for a period not exceeding one year or to imprisonment without the option of a fine or to both such fine and imprisonment: Provided that ror the flllrpn~.. of thi~ ~ection fire sh"l1 not include fire~ us ed for cooking and domestic purposes within the precincts of any settled dwelling place. Minor offences. 4. A person, who in or on a private forest, without the authority of the owner or person lawfully in control c (a) clears, breaks or cultivates land; (h) in a ny mnnn.. r h"nt~ 0~ (!'!'~hoy~ or "ttempt£ to hunt or d<l~troy s"me, birda or other animals, or fishes for or destroys or attempts to fish or destroy fish or enters withdog or gun; (e) robs or attempts to rob any beehive or disturbs or removes any swarm of bees; Cd) enters any part where entry is by notice prohibited, or climbs through or over any fence or gate; (e) smokes, where smoking is by notice prohibited, or negligently lights or throws down any burning match or other burning material: (j) allows any stock to trespass; (g) alters, shifts or in any way interferes with any notice or notice board; (11) camps, squats, resides, or builds any structure, 2 AGRICULTURB: ACT ]/1 951 ~~. 4-7 shall be guilly of an offence and liable, on conviction, to a fine not exceeding forty rand, or in default of payment thereof, to imprisonment not exceeding two months. Rr!!pOllsibifity for child's conduct. 5. Any person having the custody of a child who by his act, omission 0(" neglect has condu"... '" In IhP. ~nmmlssion of an offence under this Act by that child shall be guilty of an offence, may be liable on conviction to the penalties prescribed under section 4, and may be charged jointly with such child. Clcm·;I>!J oIfi~a balts 0" bow,da,-i"s of p~i"'lfa fo~"sts 6. (1) Notwithstanding anything in this Act or any other law, a forest officer in charge of a private forest, may after having given not less than seven days' notice in the form pre­ scribed in the Schedule, to the person in charge of any land adjacent to a private forest, on tIle day suucu ill lllUI nonce UI UI'VII <1o..1"y IV lie .. B'· ...,;.d upon by the p<>.rtic3 conccrncd, by burning or in any other manner (n) clear a fire-belt on the private forest side of the common boundary between tho lands concerned; or (/J) ,,( lli~ Qwn Ci<pcn~c 0, the e.xpe.nac of hi~ employer, clea.r <1 fire ·belt on eech side or any boundary common to such private forest and adjacent land: Provided that the fire-belt on the property adjoining shall not exceed a maximum width or thirty yards nor in any case be of greater width than the fire-belt within the private forest at the same point and provided furl her than such fire-belt shall not cause damage to any improvements or dwellings or interfere with any grave SItes on any such lana, (2) Any person who fails to give notice as required by this section shall be guilty of an offence and liable on conviction to the penalties specified in section 4. Procedure ill regard 10 eXli/lguisfling fire. 7. (1) If'there is good reason to believe that any fire in the open air or within one mile of a private forest may become dangerous to life or property, any person acting in good faith may, either alone or with persons under his control, enter upon the land on Which such fire is burning for the purpose or extinguishing that fire or preventing the extension thereof. (2) If such fife be on or within onc mile measured on the ground from the boundary of a private forest, the forest officer present shall have the right to take full control. (J) A person acting in terms of sub-section (1) (a) shall have the control of persons under his command and all persons who voluntarily place their services at his disposal; (&) znuy to.kc such mC<l.GU'-et; as in the circumstances are reasonable >lad n"",p<:'~>lTY or expedient for the protection of life and properly or for the extinguishing Of preventing the spread of the fire, and may for such purpose cause reason­ able destruction of any trees, grass, crops, or other vegetation by cutting, burning, ploughing, or otherwise; 3 STATUTES OF SWAZILAND ss.7-9 (c) may call upon any persons present at or in the vicinity of such fire to assist or to do any act or perform any service which may reasonably by considered necessary or expedient to control or extinguish or prevent the spread of fire; (tl) may order any person, whose life may be or may become endangered or whose presence at or in the viCinity at tile lire may mtcnere wrth the operatrcn in connection with the fire, to remove himself or (lily vehicle or other thing under his control. (4) A person who fails to comply with any requirements or order under auh.section (J) ~h,,1t b,;;. guilty ol".,u olTcncc ""d li"ble, on conviction, to the pen.,tlic~ ~p,;;.cifi,;;.d iU5c<:tion 4. (5) No liability shall attach to the owner of the private forest or to any other person in respect of any loss or damage arising out of the lawful exercise by a forest officer or such other person of any power conferred by this section, and no person shall be entitled to any compensation or reward whatever in respect of any act oerfonned or service rendered by him ill pursuance of any requirement or order under sub-section (3): Provided that the owner of the private forest concerned may pay to any person who has so suffered loss or damage or who has performed any such act or has rendered any such service with respect to the protection from fire of the private forest, such compensation or reward as the UWIlL::t UI" rue uuvucc fUICS! tuuy uerenutnc. (6) No action shall lie Cor trespass or for damnges caused in good faith by any person in charge of any operations lawfully undertaken under this section, or by any persons assisting any such operations, but the person in charge of the operations shall at the first convenient oppodunity r"porl tl", circumstances ""d the aclion t"ken to the ncar",,! po]icc officer or justice of the peace or to the district commissioner of the district concerned. Wrongful possession offorest produce. 8. (1) If a forest officer on reasonable grounds suspects that any forest produce found in or obtained from or in transit from a private forest, is about to be or has been wrongfully removed, he may seize and detain such [orcs I produce pending enquiry: Provided that the detention of any forest produce shall be reported to the district commissioner, the nearest Justice 01 the peace or the nearest police ofllcer within twenty-four hours. (2) A forest officer may without warrant arrest any person found in possession of any forest produce ill or within one mile of a private forest unless such person produces e.-idem;<: of authority "'ul],vli~i"g Ill", lCIllVV"l VI lSive~ a ~<tli~["o.;LUli' ao.;l,;uuut uf ure manuer in which he became possessed of such forest produce. (3) If any person so arrested is unable to satisfy the court that he had a lawful right to be in possession of the said forest produce, he shall be guilty of ;UI offence and liable on o:o""ktion to tbe p .. "",]tj"" sp..cir."d ill s .."tion '1, Special po Ivers offorest officers. 9 (I) FVf'ry f(1rr'~t orTic"r may d"mand the production of "" "utho,:ity from aray person found within the precincts of a private forest which such person is required under this Act to have. (2) Any person failing La produce such authority all demand shall be guilty of an 4 AGRICULTURE: Acr 3{1951 ~~.9-1l offence and liable on conviction 10 the penalties specified in section 4 unless such authority is produced to the district commissioner of the district or to any forest officer or public officer within seventy-two hours. (3) Every forest officer shall ill or in connection with private forests or in respect of any offence, attempted offence or suspected offence under this Act, have all the powers vested by law in peace officers. (4) Every forest officer may, in addition to the powers conferred upon him by aub­ secuon (2) (a) arrest without warrant any person reasonably suspected of having been a party to any of the offences mentioned in section 3; (b) arrest without warrant any person reasonably suspected of having been a p"rty to nny otTence under thi~ Act if ~u(;.l, uffi c", 1l...~ ":"~VIJ Lv believe Lila! the said person will relfto appear in answer to a summons; (c) seize any forest produce ill respect of which such ofllcer has reason to believe that an offence under this Act has been committed, (d) ~e;,:c nn)" wenpon, yehidc , in~trulli"ul. <iLli"'al Ul <illy uther thtug which such onlccr has reason to believe has been used in the commission of an offence under this Act. (5) A seizure under sub-section (4) shall forthwith be reported to the district corn­ mi~~innl"r who m"y, jf he think~ fit, declare the seized properly to b" forfeit to the Govern­ meat: Provided that such declaration shall not affect any rights which any person other than the person in whose possession it was found may have to the property in question if it is proved that he did not know that such property was being used in the commission of an orrencc under {his Act. (Amended r',Z':;fl~()4.) Officer shall prod/ICC letter or appointll/e/lt. 10. A for"st ofTi"",r, exercising or purporting to exercise the povvera conferred upon hun by this Act shall produce on demand to any person concerned his letter of appointment. Special [Jowers of civil nature by district commissioners ill case ofsquatting, camping and I'lIltivntilJIJ ,,,, l'piu<>t" p.,.",I., 11. (I) If a person without proper authority camps, squats, or resides or builds any structure upon, or clears or cultivates land in a private forest, the district commissioner having jurisdiction in the district where that forest is situate may, upon the request of a forest nmrl"~. <lI",,,,on <l,,,h J',,«on to "pp""r b ..Cor.. him 10 6how onl.<60 why ho 3hould not be ordered to leave such forest or remove such structure; and if he fails to appear, or having appeared, fails to prove that be has proper authority for the acts aforesaid, the district comrplssioner may direct that, within a period fixed by him, such person shall leave such forest and not return, and shall remove any structure erected by him in such forest and any crops belonging to him. (2) The district commissioner may at the same time authorise the forest officer concerned to remove, destroy or otherwise dispose of such structure or crops unless the order is complied with by such person within the period so fixed. lInVI II 5 STATUTES OF SWAZILAND 55.12-13 R~sti(u(iolloj; and damages ill respect offorest produce. 12. (I) If upon the hearing of any charge under this Act the district commissioner finds as a fact that forest produce has been unlawfully removed from a private forest, he may order that it be returned by the person in possession thereof or that damages in respect UIl;:leuf iii <111 .un"llllt fixed by hi", .....ithin the limit~ of hi~ jud~dietiQII b" p<1i<l loy the <1"'cu~<:u to the owner. (2) Every sud) order may be enforced ill tile same manner as judglllt'l1!s of such court in civil actions are enforced. (3) Sub .~Q"lion (1) r",I:>.ti"s to o:>.maSQ 01>:;.11 apply in rOGp"ct of any ,,,.,I,,..... ful cuttins of or injury to forest produce, or any damage wilfully or negligently caused by fire to forest produce in a private forest. E,'idcllce. 13, (1) If in any proceedings under this Act the question arises whether any forest produce is the property of the owner of a private forest, it shall be presumed to be the pro­ perty of the owner of the private forest unless the contrary is proved. (2) Any pel-son charged with doing (lOY act (or which by this Act authority is re­ quired. sha1/ be deemed to be without sw;:hau!llOrily ullless he produce the same fa Ihe court or give other satkractorv proof of possessing the same. SCHEDULE NonCE OF INTENTION TO CLEAR A FIRE-BELT To . in charge or. .. Ad<lu;~~ ... ..........•.. , , . being a person, Take notice in terms of section 6(1) of the Private Forests Act, that i.t is my intention to clear a fire-belt on the boundary common to the private forest known as., , , .. " . ." and the property known :15 . •.•••..•••• " •••••••. , •• in the District of. ,." , ,. ,..• ,. , . I intend \0 clear the fire-belt by burning, skolTeling, ploughing, slashing. raking or ., •... " .. " .. " .. " , .. , , , t and to commence work at. ,,, o'clock iI.ill./p.m. t Oll the" ,,, , ..•. , , day of.. " , , " , , ",.,19 , or the (h-5~ suitable day thereafter. Signature . Address , . ..............................,..... ,..... Date "'Give No. and/or name of property, tDe1ete what is inapplicable. 6