National Forestry and Tree Planting Regulations, 2016

STATUTORY INSTRUMENTS SUPPLEMENT No. 25 2nd September, 2016 STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 63, Volume CIX, dated 2nd September, 2016 Printed by UPPC, Entebbe, by Order of the Government. S T A T U T O R Y I N S T R U M E N T S 2016 No. 57. THE NATIONAL FORESTRY AND TREE PLANTING REGULATIONS, 2016. ARRANGEMENT OF REGULATIONS Regulation PART I—PRELIMINARY 1. Title 2. Application 3. Interpretation PART II—FOREST MANAGEMENT AND PLANNING 4. Principles for sustainable forest management 5. Criteria and indicators for sustainable forest management 6. Forest management plans 7. Management plan areas 8. District forestry development plans 9. Register of forests 10. Inventory of forests 11. Compliance with inventory 12. Gazetting of honorary forest officers 13. Oath of honorary forestry officers PART III—FORESTRY RESEARCH 14. Interpretation 15. Purpose of Part III 16. Obligations and functions of the Authority 1199 Regulation PART IV—COLLABORATIVE FOREST MANAGEMENT 17. Interpretation 18. Purpose of collaborative forest management agreement 19. Eligibility of parties 20. Collaborative forest management agreement 21. First meeting 22. Form of application for collaborative forest management agreement 23. Procedure on receipt of application 24. Official meeting 25. Rejection of application 26. Appeal against decision of the responsible body 27. Registration of collaborative forest management arrangement 28. Establishment of management committees 29. Duration of agreement 30. Technical assistance agreement PART V—CONSERVATION AND PROTECTION OF FORESTS 31. Declaration of reserved species 32. Review of list of reserved species 33. Tree protection order 34. Consideration of application 35. Temporary protection of trees 36. Prohibited acts on protected trees and reserved species 37. Registration of protected trees and reserved species against title deeds 38. Introduction of alien and exotic species 39. Management of wildlife in forest reserves and other forests 40. Closing of areas 41. Prohibition of possession of inflammable materials 42. Functions of the districts in management of forest fire 43. Functions of the District Forest Fire Management Committee 44. Forest fire management by lower councils 45. Meetings of the District Forest Fire Management Committee. 46. Control of entry in and damage to forest reserves. 47. Damaging of forests. 48. Authorised persons to require person to leave forest reserve or stop an act 49. Removal of persons from forest reserves 1200 Regulation 50. Notification of plant and livestock pests and diseases 51. Pest control in timber 52. Timber seasoning 53. Restriction of potential risks 54. Identity of person in charge of potential carrier 55. Power of authorised person to detain, control or remove carrier 56. Driver of potential carrier to comply with request to stop 57. Person not to obstruct or hinder authorised person 58. Quarantine 59. Marking of livestock PART VI—PRIVATE FORESTS 60. Interpretation 61. Purpose of Part VI 62. Ownership of private forests 63. Registration of private forests 64. Consideration of the application for registration 65. Contents of the assessment report 66. Approval of a private forest 67. Certification of registration of private forest 68. Duration of registration 69. Effect of registration of a private forest 70. Protection of third party 71. Management of private forests 72. Obligations of private forest owners 73. Rights of private forest owners 74. Forests owned and managed by traditional or cultural leaders PART VII—COMMUNITY FORESTS 75. Purpose of Part VII 76. Communal land association 77. Rules for community forests 78. Forest management plans for community forests PART VIII—TREE PLANTING, GROWING AND MANAGEMENT 79. Ownership of planted trees 1201 Regulation 80. Consent to uproot or cut trees 81. Tree planting order 82. Tree tending programme 83. Duty to replant 84. Tree nursery 85. Identification of areas for tree planting PART IX—REVENUE COLLECTION AND LICENCES 86. Principles for sale of forest produce and services 87. Revenue to responsible body 88. Value added tax liability 89. Application for license to operate in a forest 90. Licences 91. Issue of licence by public tender or auction 92. Minimum girths 93. Identification 94. Licensee to pay compensation 95. Validity of license 96. Suspension, cancellation and termination of license 97. Sale of forest produce 98. Extra charges 99. Security of fulfilment of obligations PART X—TRADE IN FOREST PRODUCTS 100. Interpretation 101. Access and trade in forest genetic resources 102. Timber grading for export 103. Trade names for tree species 104. Conveyance of forest produce PART XI—TRADE IN CARBON SEQUESTRATION CREDITS 105. Interpretation 106. Purposes of Part XI 107. Buyer and seller 108. Obligations of the responsible body 1202 Regulation 109. Appointment of national adviser and certifier 110. Obligations of the advisory body 111. Criteria for evaluation of carbon sequestered PART XII—CERTIFICATION 112. Purpose of Part XII 113. Certification and control of tree seeds and other germplasm 114. Forest certification and labelling of forest produce PART XIII—RECREATION IN FOREST RESERVES 115. Community participation PART XIV—MISCELLANEOUS PROVISIONS 116. Amendment of Schedules SCHEDULES Schedule 1- Currency Point Schedule 2- Summary rules or guidelines notes to the process of developing the district forestry development plan Schedule 3- National or District Register of Forests Schedule 4- Application Form for Collaborative Forest Management Schedule 5 - Collaborative Forest Management Agreement Schedule 6 - Certificate of Registration for a Collaborative Forest Management Agreement 1203 Schedule 7 - Licence to Reside and Operate in a Forest Reserve Schedule 8- Reserved Species Schedule 9 - Licence to take Reserved Species or Protected Trees Schedule 10 - Timber which is not Susceptible to Beetle Borers Schedule 11 - Application to register a Private Forest Schedule 12 - Certificate of Registration of a private forest Schedule 13- Summary rules for forest valuation Schedule 14 - Licence to Reside and Operate in a Forest Reserve Schedule 15 - Licence to Cut or Take Forest Produce in a Forest Reserve Schedule 16 - Annual License to Transport Forest Produce Schedule 17 - Minimum Girths for Trees to be felled for Timber Schedule 18 - Certificate for Timber Grading Schedule 19 - Standard Trade Names Prescribed for Timber Schedule 20 - Forest Produce Declaration Form Schedule 21 - Forest Produce Movement Permit 1204 S T A T U T O R Y I N S T R U M E N T S 2016 No. 57. The National Forestry and Tree Planting Regulations, 2016. (Under section 92 of the National Forestry and Tree Planting Act, 2003, Act No. 8 of 2003.) IN EXERCISE of the powers conferred on the Minister responsible for forestry by section 92 of the National Forestry and Tree Planting Act, 2003 these Regulations are made this 15th day of February, 2016. PART I—PRELIMINARY 1. Title These Regulations may be cited as the National Forestry and Tree Planting Regulations, 2016. 2. Application These Regulations apply to— (a) all types of forests or a part of a forest provided for under the Act; (b) owners, producers and users of forest products provided for under the Act; and (c) all matters relating to sustainable forest management as prescribed under the Act and these Regulations. 3. Interpretation In these Regulations, unless the context otherwise requires— “Act” means the National Forestry and Tree Planting Act, 2003; “authorised person” means a forestry officer, an honorary forestry officer, a Wildlife Protection Officer, police officer or other person designated by the Minister under section 51 of the Act to be an authorised person for the purpose of the Act and these Regulations; 1205 “Authority” means the National Forestry Authority established by section 52 of the Act; “currency point” has the value assigned to it in Schedule 1; “district environment officer” means a district environment officer appointed under section 15 of the National Environment Act, Cap 153; “district forestry development plan” means the development plan referred to under regulation 11 and section 35 of the Local Governments Act, Cap 243; “district technical planning committee” means the technical planning committee established under section 36 of the Local Governments Act, Cap 243; “lead agency” means a person, Ministry, government department, local government council or administrative unit established under the Local Governments Act,Cap 243, a parastatal, agency or public officer in which or whom a written law vests functions related to the management of trees, forests, forest ecosystems, forest reserves or forest produce; “lower local government” means the local councils established under section 5 of the Local Governments Act, Cap 243; “National Environment Management Authority” means the Authority established under section 4 of the National Environment Act, Cap 153; “responsible body” means a body designated to manage, maintain and control a forest reserve or a community forest under the Act and in case of a private forest, the owner or person in charge of the forest. 1206 PART II—FOREST MANAGEMENT AND PLANNING Sustainable forest management 4. Principles for sustainable forest management (1) Every forest in Uganda shall be managed in accordance with the following principles of sustainable forest management— (a) conservation of ecosystems, habitats and biological diversity and their health and vitality; (b) sustaining the potential yield of the ecological, social and economic benefits of forests; (c) promoting participation of stakeholders in the planning and management of forests; (d) promoting fair distribution of the economic, social and environmental benefits at the local, district and national levels; (e) conservation of watersheds and other natural resources, including soil and water; (f) conservation of natural heritage of forest resources and their aesthetic, cultural and spiritual values; (g) complying with all relevant national laws and international instruments on forestry to which Uganda is a party; (h) ensuring long term tenure and rights; (i) management in accordance with a forest management plan; (j) regular monitoring of management activities and their impact; (k) improvement of livelihoods and reduction of poverty; (l) adherence to professional ethics, conduct and standards; and (m) efficiency in forest management practices. 1207 (2) The principles in sub regulation (1) shall guide the making of decisions affecting all types of forests and ownership of forests and shall be applied in a balanced way— (a) in exercise of a power or the performance of a function under the Act; (b) in development and implementation of government policies affecting forests; (c) in the exercise of a power or the performance of a duty under any other law where the exercise of the power or the performance of the duty will have an impact on natural forests; and (d) by a person required under any legislation to carry out an environmental impact assessment in respect of an activity, which will or may have an impact on forests. (3) An authorised person shall, in applying the principles referred to under sub regulation (1), take into account the differences between tropical high forests, woodlands, plantations and trees on farm and the types of forest ownership under the Act. 5. Criteria and indicators of sustainable forest management (1) The Minister shall, in consultation with all relevant stakeholders, set standards, criteria and indicators for sustainable forest management. (2) Subject to sub regulation (1), the Minister shall establish and publish— (a) the environmental, social and economic criteria to be used to determine whether or not forests are sustainably managed; (b) the indicators to be used to measure the state of forest management; (c) the appropriate standards in relation to the indicators; and (d) any other matter that is necessary for establishment of criteria and indicators for forestry management. 1208 (3) The criteria and indicators shall include the determination of the level of maintenance and development of— (a) forest resources; (b) biological diversity in forests; (c) the health and vitality of forests; (d) productive functions of forests; (e) protective and environmental functions of forests; (f) socio-economic benefits of the forests; and (g) status and appropriateness of the policy and legislative and institutional framework for forest management. (4) The criteria, indicators and standards determined under this regulation shall— (a) apply nationally or to a forest management area; (b) apply to all or specific types of forests; (c) bind all forests irrespective of ownership; and (d) bind all persons on whom the criteria and indicators apply. (5) For avoidance of doubt, the standards under sub regulation 2(c) and other standards including certification standards shall be used to monitor progress in sustainable forest management. (6) A person who fails to comply with the standards, criteria and indicators under this regulation contravenes this regulation. (7) The person under sub regulation (6) shall be informed in writing by the responsible body of the nature of the contravention and the steps to be taken and period within which to rectify the contravention. 1209 6. Forest management plans (1) Subject to section 28 (1) and (6) of the Act— (a) the Authority shall prepare a forest management plan for each central forest reserve; (b) a district local government shall prepare a forest management plan for each local forest reserve in the district; (c) a local community institution registered under the Act shall prepare a forest management plan for community forests in the area; and (d) a private forest owner shall prepare a forest management plan for his or her forests. (2) A forest management plan shall, subject to section 28(2) of the Act— (a) be based on consultation with relevant lead agencies and local communities that have a direct interest in the forest in at least one meeting to review the draft plan; and (b) reflect the relevant parts of the National Forest Plan made under section 49 of the Act. (3) The Minutes of the consultative meeting and description of the process under sub regulation (2) (b) shall be annexed to the forest management plan. (4) The person designated for the purposes of approving a forest management plan under section 28(3) of the Act— (a) for a central forest reserve, is the Board in consultation with the Minister; and (b) for a local forest reserve, a community forest and a private forest is the District Council in consultation with the district forest officer. 1210 (5) The Authority and a district council shall ensure that copies of the approved forest management plan and approved amendments— (a) are kept at the head office of the Ministry, Authority and the district forestry office in which the forest is situated; and (b) are available for inspection by members of the public at the offices mentioned in paragraph (a) during normal business hours. 7. Management plan areas (1) A responsible body may group a series of forests or forest reserves into a management plan area for purposes of preparing a forest management plan. (2) The forest management plan under sub regulation (1) shall be used for planning and efficient management of a series of forests or forest reserves. (3) The responsible body shall, in preparing a forest management plan under sub regulation (1), consider— (a) the type and intensity of management; (b) administrative matters; (c) the geographical situation; and (d) any other matter necessary in the management of the forest. (4) The forest management plan under sub regulation (1) shall be prepared in accordance with the procedure outlined in regulation 6. (5) The Authority may, in deciding on management plan areas, consult with the respective local governments to form forestry committees in accordance with section 63 of the Act. 1211 (6) For the avoidance of doubt, the responsible body shall decide on the management plan areas within 6 months after the coming into force of these regulations. 8. District forestry development plans. (1) A district shall develop a district forestry development plan for purposes of— (a) planning development of forestry; (b) providing for co-ordinated management of forests; (c) mainstreaming forestry in district development planning; and (d) involving other interested parties in forestry management. (2) Subject to sections 47 and 48 of the Act, the district technical planning committee shall prepare a district forestry development plan, focusing on local forest reserves, community and private forests and any other category of forests in the district. (3) The rules prescribed in Schedule 2 shall apply to preparation of the district forestry development plan. (4) Each department in the district local government shall include in its annual work plan activities in the district forestry development plan that is relevant to forestry. (5) The district council shall approve the district forestry development plan. (6) The district council shall give directions to lower local governments to implement the district forestry development plan. (7) The District Local Government shall deposit a copy of the district forestry development plan with lead agencies. 1212 (8) The district forestry development plan shall be in conformity with the district environment action plan, the national forestry plan and these Regulations. (9) The district forestry development plan shall be prepared in accordance with the planning cycles of districts. (10) Subject to section 47 of the Act, the Minister shall provide technical advice and other support necessary for the preparation of the district forestry development plan. 9. Register of forests (1) The Minister shall, in accordance with the Act maintain a national register of forests classified in section 4 of the Act. (2) The register under sub regulation (1) shall be a public document and shall be in the form prescribed in Schedule 3. (3) A district forest office shall maintain a district register of forests. (4) The district register of forests shall be in the same form as the national register of forests. (5) The District Council shall as soon as practicable communicate to the Minister any amendment to the district register of forests. 10. Inventory of forests (1) The inventory under section 37 of the Act shall be carried out every 10 years or such other shorter period as the Minister may, in writing, determine. (2) Subject to section 37 (2) of the Act the parameters to be assessed in an inventory may include- (a) species abundance, diversity and condition; 1213 (b) size and or volume; (c) mortality; (d) environmental and watershed functions of the forests; (e) abundance and diversity of non wood forest produce; and (f) forest produce harvestability. (3) The parameters in sub regulation (3) may apply to both plants and animals. 11. Compliance with inventory (1) Subject to these Regulations, a harvesting operation shall be conducted in accordance with a harvesting plan developed on the basis of the results of the inventory of forests. (2) A responsible body shall not grant a license for harvesting of forest produce in a forest unless an up-to-date inventory of forests is available. (3) A person who grants a licence for harvesting a forest produce in contravention of sub regulations (1) and (2) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment for a term not exceeding two years or both. 12. Gazetting of Honorary Forestry Officers (1) The Minister shall in the appointing Honorary Forestry Officers under section 50 (1) of the Act consider— (a) the integrity of the person; (b) past criminal record or abuse of office, if any; (c) whether the person has been adjudged bankrupt, including in relation to offences under the repealed Forests Act; (d) professional qualification or actual field experience relating to forest management and conservation; 1214 (e) interest in forestry matters; (f) experience with local community participation in forest management and conservation; or (2) A third of the Honorary Forestry Officers appointed shall be women. 13. Oath to be taken by Honorary Forestry Officers Every Honorary Forestry Officer shall before assuming his or her duties take an oath before a magistrate in the following form— “I, A.B., do swear that I will be faithful and bear true allegiance to the Sovereign State of Uganda, and that I will faithfully serve the Government of Uganda and observe the laws in my role of Honorary Forestry Officer in Uganda. So help me God.” PART III—FORESTRY RESEARCH 14. Interpretation In this Part unless the context otherwise requires— “lead agency” means a public agricultural research institute responsible for forestry research established under section 17 of the National Agricultural Research Organisation Act, 2005. 15. Purpose of Part III The purpose of this Part is to— (a) enable the Authority to support research in forestry; (b) ensure that research commissioned and conducted produces high quality and appropriate techniques and technologies for sustainable forest management; (c) ensure sharing of property rights and ownership over the results of the research conducted; and 1215 (d) obligate the lead agency on forestry and lead agency on forestry research to co-ordinate their function and harness synergies. 16. Obligations and functions of the Authority (1) The Authority shall in the exercise of its functions under section 54 (1) of the Act— (a) initiate development of a long term strategic plan for forestry research in collaboration with the lead agency; (b) enter into agreement with a lead agency for collaboration on forestry matters; (c) hold one bilateral meeting with the lead agency each year to set national priorities, develop work plans for research and evaluate research activities to ensure adherence to set priorities and standards; (d) consult the lead agency in long term monitoring of permanent sample plots in forest reserves; (e) in collaboration with the lead agency, develop a research agenda for each forest management plan; (f) in collaboration with the lead agency, develop standards and guidelines for research in forestry; (g) prepare an inventory and register of research providers in the public and private sectors; (h) mobilise funds for research in forestry; (i) subject to section 66(2)(f) of the Act, enter into agreements or similar arrangements with forestry research service providers; (j) publish and disseminate information concerning forestry research and development to research end-users; 1216 (k) co-operate with educational institutions and scientific societies or any institution or person to promote research and development; (l) allow the lead agency to establish satellite stations in all forest management areas; (m) make grants or provide funds to institutions or individuals to carry out research in forestry; (n) in consultation with the lead agency, license agencies or individuals wishing to conduct research in forest reserves; and (o) perform any other functions conferred on it by the Act or any other law for the purposes of promoting forestry research. (2) Notwithstanding sub regulation (1), other lead agencies may enter similar arrangements for the purposes of promoting forestry research. PART IV—COLLABORATIVE FOREST MANAGEMENT 17. Interpretation In this Part, unless the context otherwise requires— “applicant” means an eligible group under this Part; “district council” means the district council established under section 3 of the Local Governemnt Act; “local community” includes households and persons living in a defined geographical area, in close proximity to a forest, and identified by common history, common culture or common residence and may include all the residents of a village which shares in boundary with a forest; “managing partner” means any of the eligible groups referred to in regulation 19 that has applied and obtained management rights under a collaborative forest management agreement; 1217 “forest user group” means a group comprising members of a local community registered in accordance with these Regulations or under any other law in force; “intending applicant” means any of the eligible groups referred to in regulation 19 who has initiated an application for collaborative forest management in accordance with this Part; “parties” means a forest user group, a responsible body and a local government that enters into a collaborative forest management agreement. 18. Purposes of collaborative forest management agreement A collaborative forest management agreement may be concluded between a responsible body and an eligible party for the following purposes— (a) rehabilitation of a degraded forest reserve; (b) maintenance of forestry reserve boundaries; (c) access to forest produce; (d) joint law enforcement; (e) sharing of benefits; (f) financing joint projects; and (g) any other purpose that is consistent with the objectives of the Act and the national forestry policy. 19. Eligibility and parties (1) A collaborative forest management agreement may be negotiated between— (a) a local community and the responsible body; (b) a forest user group or association of forest user groups and a responsible body; or (c) any other entity recognised under any law in force. 1218 (2) The eligible groups may not be a legal entity for purposes of initiating, negotiating and applying for collaborative forest management. (3) Where a local community or forest user group has common interests in entering into a collaborative forest management agreement with a responsible body, the communities or user groups shall apply jointly. 20. Collaborative forest management agreement (1) An eligible group may apply to a responsible body to enter into a collaborative forest management agreement. (2) Notwithstanding sub regulation (1), the responsible body may invite an eligible group to initiate a process for the negotiation of a collaborative forest management agreement. (3) The invitation to the eligible group under sub regulation (2) shall be— (a) in writing; (b) publicised by displaying a copy of the invitation on a public notice board of the local council where the forest is located. 21. First meeting (1) Prior to lodging an application for a collaborative forest management agreement, a consultative meeting known as the first meeting shall be convened by the intending eligible applicant and attended by all other interested parties that are known to the intending applicant. (2) The first meeting shall be held in a place and at a time that shall ensure participation of all interested parties. (3) The intending eligible applicant shall, where applicable, ensure full participation of women, the youth and other interest groups in the first meeting. 1219 (4) The intending eligible applicant shall record the full details of the proceedings of the first meeting including the names and addresses of persons attending the meeting. 22. Form of application for a collaborative forest management agreement (1) The application for a collaborative forest management agreement shall be in the form prescribed in Schedule 4 and shall be accompanied by a record of proceedings of the first meeting. (2) The application shall be addressed to the responsible body after endorsement by the sub county council of the area where the forest applied for is located. 23. Procedure on receipt of application (1) The responsible body shall in accepting an application for collaborative forest management agreement— (a) hold a meeting known as the official meeting between the responsible body, the applicant and the local community; and (b) specify any other party that may be interested in participating in the collaborative forest management negotiations to the extent that they are known to the responsible body. (2) The responsible body shall within 30 days after the official meeting in sub regulation (1) (a) make a decision on whether the application is accepted or rejected. (3) The responsible body shall ensure that the decision under sub regulation (2) is made after verification that the application conforms to all requirements of regulation 20 and 21. 24. Official meeting (1) The official meeting under regulation 23 (1) (a) shall not be held earlier than 30 days and not later than 60 days after the application has been publicised in accordance with these Regulations. 1220 (2) Unless the parties agree otherwise, the official meeting shall be chaired by the Chairperson of a district council or his or her authorised representative. (3) The parties to the official meeting may appoint a facilitator. (4) At the official meeting the parties shall agree on the procedure of the negotiations and any other matters connected to the negotiations. 25. Rejection of application (1) The responsible body may reject an application for a collaborative forest management agreement where it is satisfied that the arrangement is inconsistent with the forest management plan of the forest to which the application applies. (2) Where the responsible body rejects an application on the grounds that the forest applied for does not have a forest management plan as provided for under the Act and these Regulations, the responsible body shall in its response specify the time within which the forest management plan shall be developed. (3) A decision rejecting an application under this regulation shall— (a) be communicated to the applicant within 30 days from the date when the application is rejected; and (b) include a clear statement of the reasons why the application has been rejected. 26. Appeal against decision of the responsible body Where the responsible body rejects an application within the time specified in regulation 25— (a) the applicant may lodge a complaint with the Minister; (b) the Minister shall respond within 60 days from the date of receipt of such a complaint and the Minister may uphold the decision of the responsible body or direct that the application be reconsidered. 1221 27. Registration of a collaborative forest management agreement (1) A collaborative forest management agreement shall be entered into in accordance with the collaborative forest management guidelines issued by the Minister under section 15 of the Act. (2) The applicant shall for the purposes of the agreement be referred to as the managing partner. (3) The agreement shall be in the form prescribed in Schedule 5. (4) The parties shall on completion of the negotiations in regulation 20 hold a final meeting during which the agreement shall be signed by the parties or their authorised representatives. (5) A copy of the forest management plan shall be annexed to the agreement. (6) On conclusion of the agreement, a certificate of registration in the form in Schedule 6, and in case of forest reserves, a license in the form in Schedule 7 shall be issued to the managing partner by the responsible body. (7) A duly registered managing partner shall manage the forest or part of the forest in accordance with the Act and these Regulations. (8) The responsible body or the parties to the agreement may terminate or suspend an agreement where there is a breach of the Act or these Regulations. 28. Establishment of management committees (1) The parties to a collaborative forest management agreement shall establish a management committee. (2) The committee shall comprise the members specified in the constitution of the managing partner or in case of joint applications, in accordance with the agreement between the joint applicants. 1222 29. Duration of agreement (1) A collaborative forest management agreement— (a) shall be entered into for an initial period of 5 years; and (b) may be extended for a further period of up to 20 years where the parties are in compliance with their obligations under the collaborative forest management agreement and where there is no objection by either party. (2) The parties may upon expiry of a collaborative forest management agreement renew the agreement for a period and under the terms specified in the agreement. (3) Notwithstanding sub regulation (2), the managing partner may apply to the responsible body for renewal of the collaborative forest management agreement six months before the expiry of the existing agreement. 30. Technical assistance (1) A responsible body shall promote the implementation of collaborative forest management agreement under these Regulations by, where applicable— (a) providing technical advice on development of operational plans; (b) facilitating and attending meetings and other associated processes; and (c) advising on compliance with these Regulations. (2) A community or forest user group that applies for collaborative forest management agreement shall be accorded such assistance, information or advice as may be necessary or reasonably expected from the responsible body. 1223 PART V—CONSERVATION AND PROTECTION OF FORESTS 31. Declaration of reserved species (1) The tree species declared under section 30 (1) and (2) of the Act, shall constitute the National List of Reserved Tree Species and the list is specified in Schedule 8. (2) The Authority or a District Council as the case may be shall within two years of the coming into force of these Regulations declare new lists of reserved species. 32. Review of list of reserved species The list of reserved species declared under regulation 31 shall be reviewed every five years or such shorter period as the Minister may determine. 33. Tree protection order (1) Subject to section 31 of the Act, the owner of private land, a local community, a lower local government or any other person may apply in writing to a district council for a tree protection order. (2) The application for a tree protection order shall state the number of trees, their location and reasons for declaring them protected trees. 34. Consideration of application (1) Subject to section 31 of the Act, a District Council shall before making a declaration under sub regulation (3) give notice of the proposal to protect a tree and invite and consider comments on the proposed declaration within a period specified in the notice. (2) The District Council shall— (a) publish the notice under this regulation in the Gazette and in at least two newspapers of wide circulation, and air it on at least two radio stations broadcasting to the area in which the trees are located; and 1224 (b) deliver the notice to a responsible body or a person on whose land the proposed tree or trees to be protected are located or to the affected communities under section 31(3) (c) of the Act. (3) The District Council shall, in making a declaration under this regulation record its decision and the particular trees to be protected. 35. Temporary protection of trees (1) Where the district forestry officer is of the opinion that a tree or group of trees which ought to be protected under regulation 33 may be damaged or destroyed before a declaration under regulation 34 (3) comes into force he or she may waive the procedure in regulation 34 (2) and temporarily declare a tree or group of trees protected. (2) The declaration under sub regulation (1) shall be communicated to the district council and published in the manner specified in regulation 34 (2). (3) The district forestry officer may make the declaration without consulting any person under sub regulation (1). (4) The temporary protection lapses when— (a) based on the outcome of the report under section 31 (3) of the Act, the district council decides that there is no need for protection; (b) a declaration is made under section 31 of the Act; (c) the District Council fails to act under paragraphs (a) or (b) within 6 months from the day the notice referred to in regulation 34 (2) (a) is effective. 36. Prohibited acts on protected trees and reserved species (1) Subject to section 30 (1) and (2) of the Act, a person shall not cut, disturb, damage, destroy, remove, purchase, sell, donate or in any other manner acquire or dispose of any of the protected trees or reserved species without a licence issued by the Minister or District Council. 1225 (2) The Minister or District Council shall on payment of the prescribed fee issue the licence referred to under sub regulation (1) in the form prescribed in Schedule 9. (3) In the case of the urban area in which the tree is located, the licence referred to under sub regulation (2) shall be granted by the responsible body on application and recommendation of the sub county council or division council. 37. Registration of protected trees and reserved species against title deeds (1) The Minister or respective district council shall, after declaring a protected tree or reserved species, notify the Registrar of Titles of the area in which the protected tree or reserved species is located. (2) The Registrar of Titles shall on receiving the notification under sub regulation (1) and where applicable, endorse the particulars of the declaration on the title deeds. (3) An endorsement under sub regulation (2) shall constitute an encumbrance on the land to ensure the protection of the protected tree or reserved species in case of sale of land. 38. Introduction of alien and exotic species (1) A person shall not introduce an alien, exotic or genetically modified tree species into Uganda unless he or she has a license issued by the Minister or a person designated by the Minister for that purpose. (2) The guidelines issued under section 42 (b) (v) and section 107 of the National Environment Act shall have effect in relation to the introduction of alien, exotic or genetically modified species. (3) A person who contravenes sub regulation (1) commits an offence and is on conviction liable to a fine not exceeding forty eight currency points or imprisonment for a term not exceeding two years, or both. 1226 39. Management of wildlife in forest reserves and other forests (1) The responsible body, shall where the functions of the responsible body under the Act or these Regulations involves the management of wildlife in forest reserves and other forests specified in the Act— (a) act in consultation with the Uganda Wildlife Authority or any other lead agency responsible for wildlife management; and (b) grant access and available assistance to the person responsible for management of wildlife in forest reserves and other forests under this regulation or under the Wildlife Act; or (c) generally support the performance of the wildlife management function. (2) A person carrying out harvesting or a silviculture treatment or any other activity in a natural forest or a forest classified in section 4 (a), (b), (c) and (d) of the Act shall carry it out in accordance with the Uganda Wildlife Act, regulations and guidelines made under that Act and wildlife management principles. (3) The Uganda Wildlife Authority shall not be relieved of its duty as prescribed by law within areas under sub regulation (2). 40. Closing of areas (1) A responsible body may declare an area closed for the cutting or removal of forest produce if it considers it necessary— (a) for the proper planning and administration of the area; (b) in order that there shall be proper regeneration of any forest produce; (c) to safeguard the requirements of a particular market; or (d) to safeguard the economic, social or climatic value of any forest. 1227 (2) Where an area is closed under sub regulation (1), a person shall not cut or remove forest produce in the area or, if the declaration has been made only in respect of certain forest produce, cut or remove the produce. (3) The declaration under sub regulation (1) shall be advertised by publishing a notice in the Gazette and in at least two newspapers of wide circulation and airing it on at least two radio stations broadcasting in the area. (4) The notice in sub regulation (3) shall be posted on the notice board of the District Council affected by the closure. 41. Prohibition of possession of inflammable materials (1) A person shall not possess or bring into a forest classified under section 4 of the Act any articles or materials of inflammable or combustible nature unless the materials are necessary for lawful activities in the forest. (2) The prohibition under sub regulation (1) shall not apply to a person lawfully residing in a forest. (3) A person shall not light a fire which may spread damage or destroy a forest or part of the forest. (4) A person who contravenes this regulation commits an offence and is liable on conviction to pay compensate an equivalent of the area damaged or imprisonment not exceeding fourteen years or both. 42. Functions of districts in management of forest fire (1) A District Council shall, subject to section 32 (1) of the Local Governments Act be responsible for management of forest fires in the district. (2) The District Council shall appoint a district forest fire management committee for management of forest fires comprising— 1228 (a) the Chief Administrative Officer who shall be the Chairperson; (b) the District Environment Officer; (c) the District Agricultural Officer; (d) the District Veterinary Officer; (e) the District Forestry Officer who shall be the Secretary; (f) the wildlife Conservation Area Manager, where applicable; (g) the Forest Management Area Manager of the Authority; (h) the Senior Assistant Secretary of an area prone to fire; (i) the Honorary Forestry Officer if any, in the district; (j) the District Police Commander; (k) the District Director of Health Services; (l) one representative of relevant civil society groups; and (m) one representative of relevant private sector groups. (3) The Committee shall report to the sectoral committee responsible for forestry in the District Council. 43. Functions of the district forest fire management committee (1) The functions of the committee shall include— (a) putting mechanisms in place to prevent and fight forest fires; (b) mobilising the people to fight a forest fire; (c) developing and implementing fire drill exercises and sensitisation; (d) compilation of a list of potential fire fighters; and (e) budgeting for prevention and fighting of forest fires. 1229 (2) The committee shall in each year calculate forest fire indices and by notice declare a state of danger on the basis of the index in respect of an area within its jurisdiction and where there is a likelihood of a forest fire. (3) The notice under sub regulation (2) shall— (a) specify the area affected; (b) state the effective date of the notice; (c) prohibit the burning of vegetation within the whole or any part of the area for a specified period; (d) specify any person exempted from the operation of the notice; and (e) be posted in a conspicuous place within the vicinity of the office of the District Council or a lower council, whichever is the nearest, in the area in which the state of danger is declared. (4) A person shall not enter an area under sub regulation (3) (a) while in possession of live ammunition. (5) Notwithstanding the generality of sub regulation (1), a responsible body or lead agency shall not be released in the performance of its duty as prescribed by law within areas declared under the Act and the Uganda Wildlife Act. 44. Forest fire management by lower councils (1) A District Council shall subject to section 35 and 39 of the Local Governments Act, support the lower councils in fire prone areas by making byelaws for fire management. (2) The byelaws under sub regulation (1) shall include provision for the formation of a forest fire management committee by a lower local government and obligate each council to develop a forest fire management plan and budget. 1230 45. Meetings of the district fire management committee The district fire management committee shall hold a planning meeting, one month before the commencement of the burning of grass season. 46. Control of entry in and damage to forest reserves (1) An authorised person may place a notice in a conspicuous place of a forestry reserve prohibiting persons from entering or the bringing of vehicles, machines, chemicals or objects of a class specified in the notice into the forest reserve or part of the forest reserve. (2) A prohibition under sub regulation (1) may be for an indefinite period or for the period specified in the notice. (3) A person who, without the prior written permission of the responsible body— (a) enters a forest reserve; (b) drives a vehicle into a forestry reserve; (c) operates a machine into a forestry reserve; or (d) having entered a forestry reserve, remains in, drives a vehicle in, or drives or uses a machine in the area, in contravention of a notice displayed in accordance with this regulation commits an offence and is on conviction liable to a fine not exceeding forty eight currency points or to a term of imprisonment not exceeding two years, or both. (4) The responsible body may erect or cause to be erected suitable enclosures, gates or ramps as it considers necessary for the purpose of preventing or restricting the entry of persons into a forest reserve. 47. Damaging of forests A person who— 1231 (a) causes damage to, interferes with or destroys vegetation; (b) obstructs, damages or interferes with a way or a drainage structure associated with a way; (c) damages, obstructs or interferes with a drainage feature such as a watercourse or a drainage line; (d) erects a fence or other obstruction; (e) causes damage to, defaces, interferes with, destroys or removes a standard, sign, notice, barrier or device erected by the responsible body; or (f) causes damage to or destroys a building, enclosure, dam or other structure, or plant or equipment, of the responsible body or its leasee or licensee, in a forest reserve commits an offence and is on conviction liable to a fine not exceeding fifty currency points. 48. Authorised person to require person to leave forest reserve or stop an act (1) An authorised person may require a person to leave a forest area if— (a) logging operations or other forest activities are in progress; (b) there is a bushfire; (c) in the opinion of the authorised person, conditions of high fire danger exist; (d) the authorised person is undertaking deliberate or controlled burning of any kind; (e) very wet or windy conditions exist; (f) a way has been damaged; or 1232 (g) a way needs maintenance or protection as a result of adverse weather; (h) the authorised person believes that— (i) the activities in paragraph (a) or conditions constitute a danger or potential danger to the safety of persons or property; (ii) there is likely to be conflict with other users of the area by other persons; (iii) there is a risk of a significant adverse impact on the area; or (iv) the person is involved or about to be involved in prohibited activities. (2) A person shall, on being requested by an authorised person, leave the area or stop the act as specified by the authorised officer. (3) Sub regulation (1) applies to a person irrespective of any provisions of a licence that the person holds in relation to the forest reserve in question. 49. Removal of persons from forest reserves (1) A person who fails to comply with a request under regulation 48 commits an offence and is on conviction liable to a fine not exceeding twenty currency points and in the case of a continuing offence to an additional fine not exceeding two currency points in respect of each day, or part of it, the offence continues. (2) An authorised person may remove from a forest reserve a person who enters or remains or is committing unlawful acts in the forest reserve in contravention of the Act or these Regulations. (3) The removal of a person under sub regulation (2) does not prevent the person from being prosecuted. 1233 50. Notification of plant and livestock pests and diseases (1)A person who is authorised by a responsible body to graze, cultivate or lawfully reside in a forest reserve shall as soon as practicable report to the nearest authorised person a diseased plant or animal that comes to his or her knowledge— (a) within the forest reserve; (b) within close proximity of the forest reserve; or (c) one that is intended to be introduced in the forest reserve. (2)The authorised person to whom a report is made under sub regulation (1) shall as soon as possible investigate the report and take appropriate action including the recommendation for research on the disease detected. 51. Pest control in timber. (1) In this regulation— “timber susceptible to beetle borers” includes the timber of all species other than that listed in Schedule 10 and the sapwood of all species. (2) The operator of a preservation plant shall ensure that all timber susceptible to beetle borers are immediately after having been sawn at any mill dipped or otherwise treated with preservative solution of a type and concentration approved by the Minister so that all surfaces of the timber are thoroughly wetted by the dipping or treatment. (3) The operator of a preservation plant shall apply to the Minister for registration of the preservation plant. (4) An application under sub regulation (3) shall contain— (a) name and address of applicant; (b) ingredients and minimum concentration of the preservative to be used; 1234 (c) efficacy of the treatment; (d) methods to be applied; and (e) methods of determining concentration. (5) The Minister may reject an application or revoke or suspend an approval if he or she is satisfied that the preservative treatment does not afford the protection for which it is intended or that the conditions imposed in respect of the approval are not observed. (6) The owner of a saw mill or a dealer’s yard shall ensure that slabs, offcuts and other saw mill waste and all timber infested with live boring insects is burned or removed from the saw mill or dealer’s yard. (7) The owner of a sawmill or a dealer’s yard shall ensure that all sawn timber in the sawmill or dealer’s yard is stacked in an orderly fashion over a well-drained site on supports that rises the lowest part of the stacks at least 35 centimeters above ground. 52. Timber seasoning. The owner of any timber offered for sale or intended for manufacture of an article for sale as “air dried” or “dry” timber or which has been stacked for air drying shall keep records which shall show the number of the stack, the date on which the stacking was completed and the numbers of the tiers or layers in the stack and species. 53. Restriction of potential risks. (1) A person shall not take a diseased plant or animal into an area classified under section 4 of the Act. (2) The person shall provide all information relating to an occurrence of a forest disease or a diseased animal or outbreak among his or her animals. (3) An authorised person may examine a potential carrier to determine whether or not it is infected. 1235 (4) The authorised person may direct a person in charge of an infected carrier or potential carrier entering into an area classified under section 4 of the Act to deliver the carrier to a quarantine station specified by the authorised person so that the carrier is disinfected or cleansed. (5) A person who contravenes this regulation commits an offence and is on conviction liable to a fine not exceeding fifteen currency points or imprisonment for a term not exceeding two years or both and in the case of a continuing offence, an additional fine not exceeding two currency points in respect of each day or part of the day on which the offence continues. 54. Identity of person in charge of potential carrier. (1) The owner of a potential carrier shall, if required by an authorised person, inform the authorised person of the identity and address of the person in charge of the potential carrier. (2) The owner of a potential carrier who, within 14 days of being required to provide the information under sub regulation (1) fails to comply with this regulation commits an offence and is on conviction be liable to a fine not exceeding forty eight currency points or to a term of imprisonment not exceeding two years, or both. 55. Power of authorised person to detain, control or remove carrier. (1) An authorised person may detain, control the further movement of, or remove, a potential carrier that is in a risk area or disease area if— (a) the potential carrier has been taken into, used, operated or moved in the area in contravention of these Regulations or a condition specified in a written authorisation; (b) the person in charge of the potential carrier has refused or failed to comply with a direction given by an authorised person under these Regulations in relation to the potential carrier; or (c) the authorised person considers that in the circumstances there will be a greater risk of the spread of infection if that potential carrier is not so detained, controlled or removed. 1236 (2) An authorised person may remove from a risk area a person he or she reasonably suspects has contravened these Regulations or a condition specified in a written authorisation. 56. Driver of potential carrier to comply with request to stop. A person who drives or moves a potential carrier shall— (a) stop the potential carrier when requested to do so by an authorised person; (b) comply with a sign post erected for purposes of protecting the forest or preventing the spread of infection or disease; or (c) not avoid or break through any barricade erected for the purposes of generally protecting the forest. 57. Person not to obstruct or hinder authorised person. (1) A person shall— (a) not hinder or obstruct an authorised person from performing a function conferred or imposed under these Regulations; or (b) comply with a direction given by an authorised person under these Regulations. (2) A person who contravenes this regulation commits an offence and is on conviction liable to a fine not exceeding ten currency points or to imprisonment for a term not exceeding two years or both. 58. Quarantine. (1) A responsible body shall, in consultation with the lead agency, arrange for the establishment and maintenance of quarantine stations or areas for the treatment of infected earth, soil, timber or trees or areas for the cleansing and disinfecting of infected carriers or potential carriers entering in an area classified under section 4 of the Act or a risk area or in or leaving a disease area. 1237 (2) An authorised person shall determine the period for which an infected carrier, potential carrier or infected earth, soil or other forest produce is treated or kept in quarantine for the purpose of this regulation. (3) A person directed under sub regulation (1) shall carry out the cleansing and disinfecting at a time and place and in the manner directed by the authorised person and to the satisfaction of the authorised person. (4) A person who contravenes this regulation commits an offence and is on conviction liable to a fine not exceeding ten currency points and in the case of a continuing offence, to an additional fine not exceeding two currency points in respect of each day or part of day on which the offence continues 59. Marking livestock. (1) Subject to section 92 (2) (n) of the Act, livestock shall not be licenced or permitted to graze in a forest reserve or community forest unless it is branded in accordance with the Branding of Stock Act. (2) Subject to section 88 (3), (4), (5), and (6) of the Act, an authorised person may seize and detain a livestock entering illegally in a forest reserve. (3) The owner of the seized livestock shall be charged a maintenance fee of one currency point for each animal in respect of each day or part of a day on which the livestock remains unclaimed. (4) For avoidance of any doubt, if the livestock remains unclaimed for a period of seven days, the authorised person may, subject to section 88(4) of the Act, sell the seized livestock in a manner he or she considers fit. PART VI—PRIVATE FORESTS 60. Interpretation. In this Part unless the context otherwise requires— 1238 “owner” means the registered owner or the person to whom the registered owner has transferred control of the private forest in question, whether by way of assignment, delegation, contract or otherwise; and “private forests” means a natural forest or a plantation forest or area dedicated to forestry, registered under section 21 or 22 of the Act. 61. Purpose of Part VI. (1) The purpose of this Part is to— (a) provide for incentives for a private forest owner; (b) define the rights and obligations of the owner of a private forest; (c) provide for rational and effective management and use of private forests; and (d) promote private forest development. (2) The Minister may by notice in the gazette publish a list of incentives including— (a) equitable sharing of intellectual property rights, genetic resources or their derivatives; (b) the right to grant a lease over the forest, as distinct from the land, for commercial purposes; (c) access to carbon credit and any other available funds and affirmative schemes in accordance with the established guidelines and procedures; and (d) subject to section 22 (3) of the Act, access to forestry advisory services, technical support and guidance. 1239 62. Ownership of private forests. Subject to the Land Act, a person may own a private forest in accordance with section 22 of the Act. 63. Registration of private forests. (1) Subject to sections 3 and 5 of the Land Act and sections 21 (1) and 22 (1) of the Act, the owner of land on which a natural forest or plantation forest is situated or an owner of a forest plantation situated in a forest reserve under license issued under the Act may register the forest with the District Land Board as a private forest. (2) The owner of a private forest shall apply to the District Land Board in the form prescribed in Schedule 11 to register a private forest. (3) The applicant referred to in sub regulation (2) shall pay a non- refundable fee of two currency points on lodging the application. (4) Where the owner of a forest under sub regulation (2) does not initiate the registration, the District Forestry Officer may advise him or her to register the forest. (5) The District land Board shall maintain a register of private forests in the District. 64. Consideration of application for registration. (1) The District Land Board shall, within 20 working days from the date of receipt of the application, forward the application for registration of a private forest to the District Forestry Officer for consideration. (2) The District Forestry Officer shall, on receiving the application under sub regulation (1), assess the suitability of the forest proposed for registration and submit a report to the District Land Board and the land owner within a period of 60 working days. 65. Contents of the assessment report. (1) An assessment report under regulation 64(2) shall be prepared in accordance with information prescribed in the form in Schedule 11. 1240 (2) The report of the District Forestry Officer shall be binding on the District Land Board and the owner of the private forest. 66. Approval of a private forest. (1) The District Forestry Officer shall, after carrying out the assessment referred to under regulation 64(2) and after being satisfied with the nature of the application and the state of the forest and other criteria, forward his or her approval on the application form as prescribed in Schedule 11. (2) The District Forestry Officer may reject an application under sub regulation (1) where the applicant has not fulfilled the conditions of approval or the provisions of these Regulations. 67. Certificate of registration of private forest. The District Land Board shall, on receipt of the approved application, declare and register the forest as a private forest by issuing a certificate of registration in the form prescribed in Schedule 12. 68. Duration of registration. Registration of a private forest under sections 21, 22, 23 and 24 of the Act shall be valid for the rotation period of the species and shall be renewable on application in writing to the District Land Board by the owner for a further rotation. 69. Effect of registration of a private forest. (1) The District Land Board shall register the private forest against the title deed or licence by clearly stating the name of the forest and creating an encumbrance on the certificate of title of the owner of the land. (2) Notwithstanding sub regulation (1), the District Land Board shall register the private forest against the land purchase agreement by clearly stating the name of the forest and creating an encumbrance by way of issuance of notices in the Gazette. (3) A certificate of registration of the private forest under regulation 67 shall be conclusive evidence of the ownership of the forest mentioned in the deed or the relevant document showing proof of ownership. 1241 (4) The owner of a private forest under these Regulations may acquire registerable interests such as mortgage, lease, easement and third party rights in respect of the forest he or she owns. (5) The rules prescribed in Schedule 13 shall apply to forest valuation for the purposes of assessing the value of registered private forests. (6) The variables for determining the value in sub regulation (4) may include age, species, condition of the forest, markets and biodiversity. 70. Protection of third party. (1) Notwithstanding regulation 69 (3), the owner of a registered private forest shall not mortgage or in any other way transfer his or her interest in the registered area except with the permission of the District Land Board on the advice of the District Forestry Officer. (2) Where a registered forest has been mortgaged or transferred, the mortgagee or transferee shall hold the registered land subject to the terms, conditions and encumbrances to which the private forest was held. (3) An area registered under regulation 63 shall not be deregistered or in any way altered except with the written permission of the District Land Board and on the advice of the District Forestry Officer. 71. Management of private forests. (1) A person shall not manage a registered private forest unless he or she has a management plan prepared in accordance with the Act. (2) Notwithstanding sub regulation (1) the Minister may order the owner of a private natural forest to take urgent steps required to prevent the deforestation or further deforestation or to rehabilitate a private forest threatened with deforestation or destruction. (3) The owner of a registered private forest shall not carry out any activity contrary to the District Forestry Development Plan and the specific forest management plan in the registered forest. 1242 (4) A management plan for a private forest shall be submitted to the District Council for approval and integration into the District Forestry Development Plan. 72. Obligations of private forest owners. The owner of a private forest shall— (a) protect the forest against pests and diseases, illegal cuttings and other activities that cause damage to forest; (b) carry out fire-prevention work as well as inform the District Fire Management Committee about forest fires; (c) prepare a forest management plan in accordance with section 28 (2) of the Act and these Regulations; (d) prepare a felling plan before proceeding with timber extraction; (e) re-plant fellings or burnt areas and afforest areas using certified planting stock in accordance with regulation 114; (f) manage the forest using technologies that minimise adverse effects on the environment, soil productivity and biological diversity; (g) carry out timely tending of forest plantations and young stands; (h) ensure maintenance of boundary signs and boundary lines; and (i) present to the District Forestry Officer an annual report on the state of the forest. 73. Rights of private forest owners. The owner of a private forest shall have the right to— (a) buy, sell, transfer, exchange, lease, mortgage a forest or enter into an agreement in accordance with these Regulations; (b) sell or otherwise collect stumpage from other forest users and dispose the forest belonging to him or her; 1243 (c) request from the Authority or the District Forestry Officer support to prepare a management plan; and (d) access available incentives in his or her own right or in association with other persons. 74. Forests owned and managed by traditional or cultural leaders. (1) Subject to article 246 of the Constitution, a traditional or cultural institution or leader may hold, own or manage a private forest. (2) A traditional or cultural institution or leader desiring to manage a private forest shall do so in accordance with the Act and these Regulations. (3) A traditional or cultural institution or leader shall enjoy the same rights and obligations as those enjoyed by the owner of a private forest under the Act and these Regulations. PART VII—COMMUNITY FORESTS 75. Purpose of Part VII. The purpose of this Part is to— (a) provide for the establishment and management of community forests; (b) provide for revenue from the management of community forest; (c) outline the elements for establishing and managing community forests; (d) identify parties for establishing and managing community forests; (e) promote greater knowledge at local level of the benefits and services of forest ecosystems; (f) advise the local community on the benefits of registering and operating an association and having a registerable interest in a community forest; and 1244 (g) provide for the management of a natural forest on communal land or a fragile ecosystem. 76. Communal land association. (1) A responsible body for a community forest shall consist of a registered communal land association recognised under the Land Act or any other civil society organisation registered under the Nongovernmental Organisations Registration Act. (2) Subject to sub regulation (1), a communal land association or a managing committee incorporated under section 18 of the Land Act may acquire communal, customary land or any other tenure in which a natural or plantation forest is situated for the purpose of managing the forest as a community forest. 77. Rules for community forests. (1) The Minister shall issue a statutory order or declaration in accordance with section 17 of the Act for the management of community forests. (2) Notwithstanding sub regulation (1) the rules may include— (a) the procedure for monitoring and evaluating of community forest management performance; (b) rights and benefits over forest resources; (c) obligations of the sub county in which the forest is situated; and (d) procedure for transfer and revoking of ownership of a community forest. 78. Forest management plans for community forests. (1) Subject to section 28 and 48 (3) (f) of the Act, the responsible body for a community forest shall in consultation with the District Forestry Officer, prepare a forest management plan for the community forest declared under the Act. 1245 (2) A forest management plan for a community forest shall be submitted to the District Council for approval and integration into the District Forestry Development Plan. PART VIII—TREE PLANTING, GROWING AND MANAGEMENT 79. Ownership of planted trees. (1) A land owner under section 3 of the Land Act may plant trees. (2) The land owner shall own the trees he or she has planted and may sell and transfer the trees to a buyer. (3) For purposes of this regulation, “owner of trees” means a person who has planted, bought the trees or inherited land with trees under the Land Act or any other law in force. 80. Consent to uproot or cut tree. (1) Subject to these Regulations, a person shall not uproot, burn, debark, cut down or in any way disturb a tree unless the owner of the tree has consented to uprooting or cutting of the tree. (2) Notwithstanding sub regulation (1), the owner of the tree may demand the payment at values determined in accordance with rules made under regulation 69 (4) and (5). 81. Tree-planting order. (1) A District Council may issue a tree planting order requiring a person or group of persons to plant trees in an area specified in the order. (2) The District Council shall require the person, in accordance with the order issued under sub regulation (1) and in accordance with the general practice of good forestry, to- (a) plant a specified number of trees of a specified species or such numbers of trees of various specified species as the District Forestry Officer shall determine; and (b) tend trees planted in compliance with the order in a manner that will effectively protect the trees from being injured or destroyed. 1246 (3) A person who plants a tree shall ensure the correct spacing and tending to ensure the survival of the trees. (4) A person who contravenes this regulation commits an offence and is on conviction liable to a fine not exceeding one currency point for each day in respect of which such contravention is committed or to imprisonment for two months or both. 82. Tree tending programme. (1) Every sub county shall maintain a record of all trees planted and the tending programme. (2) A tending programme in sub regulation (1) shall include protection from fire, weeding, trampling and uprooting and replacement schedules. 83. Duty to replant. The owner of the land or occupier or owner of trees has a duty, where a tree which is planted dies or is lawfully harvested, to plant another tree of an appropriate species at the same place and within a reasonable period. 84. Tree nursery. (1) Every sub county council shall have and maintain a tree nursery. (2) A tree nursery may contain seedlings of multi-purpose, ornamental or timber tree seedlings. (3) A tree nursery shall be located and established in consultation with the District Forestry Officer and using certified planting material. (4) A sub county council shall provide free tree seedlings to persons who wish to plant trees on tree planting days declared by the Minister. 85. Identification of areas for tree planting. A District Council shall, in consultation with the local community, in each year, identify areas requiring tree planting, afforestation or reforestation and take measures to ensure that trees in those areas are planted and tended. 1247 PART IX—REVENUE COLLECTION AND LICENSING 86. Principles for sale of forest produce and services. (1) A responsible body shall develop principles for the sale of forest produce and services. (2) The responsible body shall ensure that it takes into consideration the following principles referred to in sub regulation (1)— (a) there is transparency and accountability in the transaction process; (b) transaction costs are minimal; (c) there are no direct or indirect subsidies; (d) market-orientated pricing systems are applied; (e) market forces can operate freely; (f) costs of management and or planting are built in the price; (g) distribution of forest benefits is fair and equitable; and (h) sustainable use of forest resources is facilitated. 87. Revenue to responsible body. (1) The Authority shall collect stumpage, royalty and fees on forest produce and rent from land and property in central forest reserves. (2) A District Local Government shall— (a) collect stumpage, royalty, fees and rent on forest produce from local forest reserves; (b) register and collect registration fees from operators in the forests in the District; (c) collect transportation fees for firewood and charcoal from all operators in the district; (d) make byelaws for registration and transportation of forest produce referred to in paragraphs (b) and (c) and fees to be charged. 1248 (3) A legally constituted community institution shall collect stumpage, royalty and rent on forest produce from community forests. (4) A responsible body shall for every transaction, issue a receipt bearing a printed name of the responsible body and forest produce sold. 88. Value added tax liability. A responsible body shall pay value added tax on any forest produce in accordance with the Value Added Tax Act, Cap 349. 89. Application for license to operate in a forest. (1) Subject to sections 14 and 41 of the Act, a person may apply to the responsible body for a license for— (a) grazing of animals; (b) construction of residence; (c) cultivation; (d) collection of firewood and non-wood forest products; (e) prospecting, erection of transmission or communication superstructures; (f) tourism; (g) collaborative forest management arrangement; (h) plantation establishment; (i) forest produce harvesting; (j) forest produce buying; or (k) entry for a purpose specified in the application. (2) An application for a license shall specify, where applicable— (a) in case of an individual, the applicant’s full name, address and nationality; (b) in the case of a body corporate, the applicant’s name, address of its registered or principal office and place of incorporation, the nature of its business, the name, addresses and nationality of each director; 1249 (c) the area in respect of which it is made, as identified by a map or plan; (d) in case of a corporate body, the applicant’s financial status, including capital available for proposed operations, technical competence and the applicant’s experience, including record on forest operations; (e) the type of forest investment which the applicant proposes to make, including— (i) identification of the forest activity and the scale of operations; (ii) scale and location of proposed primary, secondary and tertiary processing activities; (iii) proposal for infrastructure works; (iv) proposals for the prevention of environmental degradation, rehabilitation of disturbed forest and for safeguarding other natural resources within the license area; and (v) marketing proposals for the sale of the forest produce; (f) the date by which the applicant proposes to commence operations and the period for which the license is sought; (g) the programme of work for which the license is sought; (h) the applicant’s recruitment, staff management and training policies and specific proposals with respect to the employment and training of Ugandans especially those in the areas adjacent to the license area; and (i) the goods and services required for the forest operations which can be obtained from within the District or in Uganda and the applicant’s proposals in relation to utilising those goods and services. 1250 (3) For the avoidance of doubt, sub regulation (2) shall not apply to applicants of a collaborative forest management arrangement under Part IV. 90. Licences. (1) A responsible body may, upon being satisfied that the applicant meets the requirements in regulation 89(2), issue a licence in the form prescribed in Schedule 7, permitting any of activities referred to regulation 89(1). (2) Notwithstanding sub regulation (1), a responsible body shall in case of saw log harvesting or buying and plantation establishment in a forest reserve, issue a licence in the form prescribed in Schedule 14. (3) The licence under sub regulations (1) and (2) shall contain such terms and conditions as the responsible body may specify. (4) A person shall not install a machine or begin an activity unless he or she has a licence issued under sub regulation (1) or (2). (5) The Minister shall, in each year, prescribe to the District Council the allowable volume of forest produce to be harvested. (6) The allowable volume in sub regulation (5) shall be at a level that maintains the sustainable productivity of the forests. (7) A responsible body shall not, subject to regulation 7, grant a license in a forest reserve unless— (a) an environmental impact assessment under the National Environment Act has been conducted and approved by the National Enviromental Management Authority; (b) the boundary of the license area has been demarcated on the ground and reproduced on a diagram or map by the responsible body; 1251 (c) where possible, provision is made for local community participation and benefit sharing; (d) the applicant has satisfied the responsible body that he or she has or intends to recruit appropriately qualified personnel; and (e) the applicant has demonstrated understanding of the respective forest management plan and has indicated how the activities proposed to be licensed will help in achieving the objectives of the management plan. (8) A responsible body shall maintain a register of the name and addresses of the licensees and any legal or equitable interests in or affecting the license. (9) An urban authority shall designate and gazette specific areas within its boundaries for timber seasoning and sale of forest produce. (10) The district forestry officer shall issue annual licenses to transporters of forest produce in the form prescribed in Schedule 15. 91. Issue of licenses by public tender or auction. (1) A responsible body may issue a license— (a) by public tender, on payment of such fees as may be determined by the responsible body after the tenders have been received; (b) by public auction; (c) free of charge to a person exempted from the payment of fees or if the responsible body is satisfied that the disposal of any forest produce without charge would be of advantage to Government or local people. (2) The issue of licences by public tender shall be subject to the following conditions— 1252 (a) the responsible body shall advertise the sale in a newspaper of wide circulation that is likely to draw the matter to the attention of all interested persons; (b) the responsible body need not accept the highest or any tender; (c) if the responsible body is not satisfied with the tenders offered, it may call for other tenders, or otherwise dispose of the produce in accordance with the provisions of the Act and these Regulations. (3) The issue of licences by public auction shall be subject to the following conditions— (a) the responsible body shall advertise the sale in a newspaper of wide circulation that is likely to draw the matter to the attention of all interested persons who shall abide by the conditions set out in the advertisement; (b) the responsible body may fix a reserve price; (c) the sale may be conditional on the purchaser paying on the day of the sale the bid amount in full or on the payment of a deposit except that where the payment is not made, the auctioneer shall put the produce up for auction again, or the responsible body may order the produce to be sold as otherwise provided in the Act and these Regulations; and (d) the sale shall be in accordance with the Auctioneers Act. 92. Minimum girth. (1) A person shall not harvest saw logs except in accordance with the minimum girth set out in Schedule 16. (2) For the avoidance of doubt other products other than sawlogs, minimum girth as a requirement for harvesting shall not apply, however the Minister may determine the girth required as appropriate on a case by case basis. 1253 93. Identification. (1) A license issued under these Regulations shall bear a passport size photograph of the holder embossed with the seal of the responsible body. (2) A licensee shall carry a copy of the license with him or her whenever he or she is engaged in any activity authorised by the license. (3) A person who fails to produce such a license on request by an authorised person commits an offence. (4) A person who uses the licence of another person commits an offence (5) A person who contravenes sub regulations (3) and (4) is on conviction liable to a fine not exceeding forty eight currency points or to a term of imprisonment for a term not exceeding two years or both. 94. Licensee to pay compensation. A licensee shall pay compensation to owners of the property that is damaged by the licensee in the exercise of any rights conferred by the license. 95. Validity of license. A licence shall be valid only for the period specified on the license and for the specified volume and species. 96. Suspension, cancellation and termination of a license. (1) A responsible body may suspend or cancel a license if the holder contravenes or fails to comply with any condition in the licence or is convicted of an offence under the Act. (2) Upon the expiration or termination of a licence, except in the case of a tree planting licence in a forest reserve- (a) the holder of the licence shall not be entitled to any compensation for any improvements made by him or her to any land to which the license relates or for any trees planted by him on the land; and 1254 (b) all fixtures on the land shall become the property of the responsible body. (3) Notwithstanding sub regulation (2), a licence for planting trees in a forest reserve under the Act will continue to operate as if the license was issued under the Act and these Regulations, to the extent that the operations are consistent with the requirements of the Act and these Regulations. 97. Sale of forest produce. Subject to regulation 92, a responsible body may sell standing volume in case of saw logs and in situ quantities of other forest produce or by the roadside. 98. Extra charges. An authorised person may levy extra charges for collateral damage to forest produce, handling of the forest produce or for supervising the work. 99. Security of fulfilment of obligations. (1) A person to whom any forest produce has been sold or to whom the use or occupation of any land, saw mill or building has been granted under the Act or these Regulations, may be requested to provide a cash deposit, bank guarantee, surety bond or other form of security approved by the responsible body as security for the due fulfilment by the person of all his or her obligations in respect of the produce, land, saw mill or building. (2) Notwithstanding sub regulation (1), the provision of the deposit, guarantee, bond or other security shall not release any person from his or her liability in excess of the value of the deposit, guarantee, bond or other security for loss sustained by the Government through the non- fulfilment of that person’s obligations or as a result of damage for which that person is liable. PART X—TRADE IN FOREST PRODUCTS 100. Interpretation. In this Part unless the context otherwise requires— 1255 “delegated authority” means the person to whom a function relating to genetic resources management is delegated under section 7(2) of the National Environment Act. 101. Access and trade in forest genetic resources. Notwithstanding sections 29 (3) and 92 (2) (e) of the Act, guidelines made under sections 45 and regulations made under section 107 of the National Environment Act with respect to access and trade in forest genetic resource shall have effect as if made under the Act. 102. Timber grading for export. (1) The Minister or his or her designated representative shall issue a certificate of grading in the form prescribed in Schedule 17. (2) A person shall not export any timber, unless the timber is— (a) certified as to grade by a certificate of grading issued under this regulation; (b) marked with an official seal on one end or face of the timber by a grader with the appropriate grade mark issued by the Minister and with the registered number of the grader who graded the timber; and (c) marked with a distinctive shipping mark either by stencil or other suitable medium on the same end as is the grade mark prescribed sub regulation (2) (b). (3) Timber shall not be graded unless it is shipping “dry” or “drier” or where green timber is specified by the buyer in which case the timber shall be graded as specified grade. (4) The Minister shall, in collaboration with the lead agency, appoint timber graders. (5) The lead agency shall for purposes of sub regulation (4) be the Uganda National Bureau of Standards. 1256 (6) For the avoidance of doubt, standards under the Timber Export Act are applicable. (7) Any person who contravenes sub regulation (3) commits an offence and is on conviction liable to a fine not exceeding forty eight currency points or to a term of imprisonment not exceeding two years or to both. 103. Trade names for tree species. The timber set out in the first column of Schedule 18 shall, where that timber is intended for trade, be referred to only by the name set out in the second column or the third column of that Schedule. 104. Conveyance of forest produce. (1) A person shall not move forest produce from the site on which it has been felled or collected unless the produce has been, where practicable, marked with an official mark by the responsible body. (2) A responsible body shall on marking the produce under this regulation issue a forest produce declaration form prescribed in Schedule 19. (3) A mark under this regulation shall contain a code specifying the Global Positioning System point, village, sub county or forest reserve from which the timber has been felled. (4) A responsible body shall not issue a forest produce declaration form for one man chainsawn timber. (5) A person who intends to move forest produce under sub regulation (1) shall do so only with the written consent of the responsible body. (6) The form in sub regulation (4) shall— (a) be conclusive evidence that the produce has been legally acquired from a sustainably managed forest and shall not be issued when there is tax or other liability; and 1257 (b) specify the sizes or weights of the produce, the estimate of fees to be paid, origin of produce, and in case of timber the number of pieces and the species. (7) Forest produce shall not be moved beyond 6pm daily. (8) In the case of timber or logs being moved out of a district, the District Forestry Officer shall on receiving the form issued under sub regulation (4) mark the produce with a second mark known as a district seal and shall issue a Forest Produce Movement Permit in the form prescribed in Schedule 20. (9) Notwithstanding sub regulation (8), all timber shall be issued with a forest produce movement permit regardless of whether it is from a central forest reserve , local forest reserve or from privately owned forest. . (10) The district seal shall bear an identification of the district from which the produce was felled or removed. (11) The forest produce movement permit under sub regulation (8) shall not be issued unless the owner of the produce has valid evidence to show that he or she has no tax or other liability at the material time. (12) In the case of imported produce, the District Forestry Officer shall at the point of entry mark imported produce with an import mark. (13) The District Forestry officer shall, in marking the produce under sub regulation (12), ascertain the source and conduct a physical check of the produce for record purposes and possession of the relevant importation documents. (14) Any person who transports, stores or possesses forest produce contrary to this regulation commits an offence and is on conviction liable to a fine not exceeding forty eight currency points and the forest produce shall be liable to confiscation and forfeiture. 1258 (15) The owner of forest produce confiscated under sub regulation (14) shall sign and keep a copy of the illegal forest produce declaration form prescribed in Schedule 21. (16) A person who refuses to sign the illegal forest produce declaration form in sub regulation (15) commits an offence and is on conviction liable to a fine not exceeding forty eight currency points or to imprisonment for a term not exceeding two years or both. PART XI—TRADE IN CARBO SEQUESTRATION CREDITS 105. Interpretation. In this Part, unless the context otherwise requires- “buyer” means the person who enters into an agreement or similar arrangement with the seller for the purchase of carbon sequestered under the agreement or similar arrangement; “certifier” means the person whom the Minister may register as a “certifier” under this Part; “seller’’ means the person who has entered into an agreement or arrangement with the buyer for the purchase of carbon and— (a) in the case of forest reserve, “seller” means the Authority; (b) in the case of the local forest reserve “seller” means the District Council; and (c) in the case of private forests “seller” mean the owner of the land or the legal entity under which the group associate; “verifier” means the person whom the Minister or the certifier nominates as the approved verifier for the purposes of the agreement or similar arrangement. 1259 106. Purpose of Part XI. (1) The purpose of Part XI is to— (a) provide for the buying and selling of carbon in an open and transparent manner in support of sustainable forest management and poverty reduction; (b) outline the elements and key players of carbon sequestration that the Minister shall designate and regulate; (c) provide for the buyer, seller and the verification process for the purposes of these Regulations; (d) increase the sequestration of carbon from forests; (e) carry out reforestation and forest management giving priority to socio-economic benefits at national, district and local levels; (f) promote greater knowledge at all levels of the management of forest ecosystems, and local level of the management of forest ecosystems; and (g) add value to forest resources in Uganda. (2) Subject to articles 111(2), 113(3) and 117 of the Constitution, the Minister shall approve all agreements or similar arrangements entered into under this Part in respect to trade in carbon before implementation. 107. Buyer and seller. (1) A buyer may enter into an agreement or arrangement with a seller for the afforestation or reforestation and maintenance of forest for purposes of carbon sequestration. (2) The forest under sub regulation (1) may be maintained under terms and conditions to be agreed on by the seller and buyer for a period of not less than 15 years. 1260 (3) Notwithstanding sub regulation (2), a responsible body shall ensure that these Regulations are observed in determining the trees to be planted under sub regulation (1). (4) In selecting the area for afforestation or reforestation under sub regulation (1), the seller and buyer shall give— (a) priority to afforestation of degraded areas; or (b) high consideration to terms, which clearly favour the participation and the projected benefits and involvement of the local communities adjacent to the forest reserve. 108. Obligations of the responsible body. (1) The responsible body shall ensure that— (a) the boundary of the land for afforestation or reforestation for purposes of carbon sequestration are clearly defined; (b) a management plan is developed for the area involved; (c) the programme is managed in an open, transparent and responsive manner; (d) the ownership of property rights to carbon services from the trees and land shall be clearly defined in the agreement between the person and the owner of the land; (e) at the relevant time, provision is made for updated legislation that establishes a framework for carbon credits, carbon accounting or emissions trading; (f) suitable mechanisms are established for the development of technical specifications and monitoring systems; (g) subject to availability of funding, an up-to-date database of the forests area under the programme and the rates of carbon sequestration is maintained and research commissioned to establish the viability of the programme; 1261 (h) the local community provides alternative land for a carbon buffer stock to be developed in case the afforestation or reforestation fails; and (i) any adverse impact likely to arise as a result of the programme is explained to the community likely to be negatively impacted. (2) The responsible body shall ensure that the fees payable for the boundary markings are paid before the afforestation or reforestation programme commences. 109. Appointment of national adviser and certifier. (1) The office responsible for matters relating to climate change shall be the national advisory and monitoring body that ensures the proper implementation of this Part. (2) The Minister may appoint a certifier or may enter into a contract with an independent person or body to perform the functions of a certifier where such functions are required under this Part. (3) A verifier shall report to the certifier appointed under sub regulation (2). (4) The certifier shall issue a certificate on the approval of the report of the verifier. 110. Obligations of the advisory body. The Climate Change Unit in the Ministry of Water and Enviroment shall— (a) in the performance of its duties, consult individuals, a government institution and non-governmental organisations whose area of expertise is carbon sequestration practices; (b) develop and propose to the Minister criteria for determining the acceptability of, and evaluating practices by the owners of land that will increase the sequestration of carbon for the purposes of determining the acceptability of agreement or arrangement proposals made by the land owners; 1262 (c) develop and propose to the Minister estimates of the rates of carbon sequestration for various plants, agricultural commodities, and agricultural practices for the purposes of determining the acceptability of agreement or similar arrangements proposals made by the land owner; (d) advise the Minister on the maximum sequestration benefits under the criteria developed under regulation (5) (3) (b) that would benefit each land owner involved; (e) enter into forests and verify that the land owner is implementing practices that sequester carbon in accordance with the agreement or similar arrangement; (f) respect the confidentiality of the information provided by the person or owner of land; (g) ensure that a national register of carbon service providers is maintained; (h) prepare an annual report to the Minister that shall include information regarding— (i) carbon sink enhancement made; (ii) carbon sink practices; and (iii) compliance with agreements or similar arrangements entered into; (i) proposals for capacity building on the formation and management of farmer groups and mechanisms for transfer of skills between the different groups; (j) recommendations and conduct of outreach programmmes to collect and disseminate to the land owners research based information on agricultural practices that will enhance the sequestration of carbon; 1263 (k) proposals for attracting private investment for carbon purchases. 111. Criteria for evaluation of carbon sequestered. The criteria under regulation 110(b) shall consider— (a) forest preservation; (b) refforestation and afforestation; (c) biodiversity enhancement; (d) the use of acreage to produce carbon; (e) soil and water conservation management; (f) wetland restoration; (g) no-till farming practices; (h) conservation buffers; and (i) any other conservation practices that the Minister determines to be appropriate for increasing carbon sequestration. PART XII—CERTIFICATION 112. Purpose of Part XII. The purposes of this Part is to ensure— (a) provision of market incentives for sustainable forest management; (b) credible verification of sustainable forest management practices; and 1264 (c) separate certified and non-certified forests products at all stages. 113. Certification and control of tree seeds and other germplasm. (1) The certification and control of tree seeds and other germplasm as provided for in the Agricultural Seeds and Plant Act and regulations made under that Act shall have effect as if made under the Act and these Regulations. (2) Notwithstanding sub regulation (1), the National Tree Seed Centre and the certified private tree nusery operators shall be responsible for the collection, drying, cleaning, grading, treating, storing and distribution of tree seeds and germplasm. (3) Public Private Partnerships in production, provision of planting materials shall be promoted by the Minister under strict standards. 114. Forest certification and labelling of forest produce. (1) The Minister shall set up a certification and labelling programme. (2) The Minister shall in consultation with the lead agencies prescribe standards for— (a) assessing market opportunities; (b) assessing feasibility of applying recognised principles; (c) sustainable forest management under certification; (d) accreditation of certifiers to conduct independent audit of forest operations; and (e) feasibility of legal log tracking schemes prior to setting up a certification and labelling programme. 1265 (3) The Minister may, in consultation with the lead agency, register forest certification schemes for purposes of certifying forests and forest products. (4) The Minister shall, prior to carrying out the registration in sub regulation (3), publish principles, criteria and indicators in accordance with regulation 5. (5) Certification in sub regulation (2) and the chain of custody shall be voluntary and shall apply marks of the schemes in sub regulation (3). (6) Any person who uses certification marks under sub regulation (5) without the written consent of the certifier commits an offence and is on conviction liable to a fine not exceeding forty eight currency points or to a term of imprisonment not exceeding two years or both. PART XIII—RECREATION IN FORESTS 115. Community participation. (1) The responsible body shall enlist the participation and contribution of the local communities in close proximity to the recreation area— (a) in making management decision; (b) in the preparation of the plan for their respective area; and (c) in fair and equitable sharing of benefits. (2) In the performance of its function, the responsible body shall encourage conservation at the local community level through education and extension work for a better understanding of the importance of forests. 1266 PART XIV—MISCELLANEOUS PROVISIONS 116. Amendment of Schedules. (1) The Minister may by, Statutory Instrument, with the approval of Cabinet, amend Schedule 1. (2) The Minister may by statutory instrument amend Schedules 2 to 21 of these Regulations. 1267 SCHEDULE 1 Regulation 2 CURRENCY POINT One currency point is equivalent to twenty thousand Uganda shillings. 1268 SCHEDULE 2 Regulation 8(2) SUMMARY RULES OR GUIDING NOTES TO THE PROCESS OF DEVELOPING THE DISTRICT FORESTRY DEVELOPMENT PLAN Step No. Step Key elements 1 Introduction To be preceded by an opening ceremony and a separate mini timetable is essential 2 Situation Analysis (SA) 1) SA report shall be presented by the District Planner, with support from the DFO. 2) A background to the district is essential as a source of information for development of the SFMP. 3) The SA shall be done in advance of the workshop by the DFO, in collaboration with sector heads, NGOs and other specialised central government (GOU) agencies in the district. 4) Expired FMPs, if any, NEMA’s District Profiles and District State of Environment Reports, the Forest Nature Conservation Master Plan and District Development Plans shall be consulted. 5) A field trip shall be conducted to collect data 3&4 Forest Category 1) These shall be picked from the SA and elaborated after the field trip. 2) Please take note of trees in farming systems as such categories shall be according to legal ownership and biological status. 3) For each category, list current and future uses. 5&6 Problems, Issues, Threats and Trends 1) This is a list of broad problems, issues, threats and trends for each forest category since they are the starting point and help generation of focused and relevant visions. 2) The task starts with brainstorming on the major problems, issues or threats (4-6 in number) and the corresponding trends that have highest probability of occurring over the next 10 years; for instance a problem could be “illegal pit sawing”, an issue “tree ownership” while the trend could be “increasing unemployment”. 1269 3) Trends shall tend to predict the environment for the plan period and a worksheet be developed for use as indicated in the detailed guidelines. 4) Please note that only major trends should be considered. 5) Trends can be negative or positive 7 Responsi- bility for the Negative Change 1) It is important to name that person or groups of persons responsible for triggering or driving the negative situation. 2) Please note that this shall apportion blame and is, therefore, quite sensitive. accordingly, handle it carefully. 3) This exercise helps to elicit self-examination and transparency and shifts the debate from self-pity to one of acceptance of responsibility. 4) Conscious facilitation shall be necessary here to be able to get details and the truth. 5) This exercise sets a stage for separating and clarifying roles of various actors, illuminates linkages and is a useful step in identifying rational or realistic actions. 6) Please note that this is not a discussion of technical causes 8 Descriptors 1) These are the elements of the situation that the group expects to see after 10 years. 2) An individual shall imagine himself or herself in the next 10 years, by describing what he or she sees as a result of the trends already discussed. 3) The exercise answers the question; “if nothing is done and these trends actually happen the way they predicate, what shall be the descriptors of the situation that shall result in the next ten years? 4) A list of “district descriptors” is a rationalised list across forest types 9 &10 Visions 1) The facilitator shall initially probe the persons in attendance to give their understanding of what a “vision” is and then proceed to define the term using an agreed example. 2) In developing the vision, it is prudent to pay attention to the concerns or interests of different categories of people within each group and help them to reach a consensus. 1270 3) At this level, visions shall heavily lean towards concepts and services since FMPs are the more down- to-earth and shall concentrate on bio-physical elements at the field unit management level. 4) Each group shall formulate the visions ensuring that they have direct reference to what the vision wants and for which person it relates to. The vision shall be set at 10 years. 5) The vision shall be a shared one, precise, specific, realistic, and practical, have concrete achievements and respect existing laws and regulations, guidelines, programs and national policies. 6) The facilitator shall seek advice from technical persons, which groups shall be formed through mechanical counting and, shall also consist of a group for every forest category or land use. 7) A vision shall be formulated for every forest category and shall answer the question: “in view of the descriptors, how do we envisage a particular forest type to be in the next ten years? 8) It is necessary to recall the definition of a vision at this stage, and most important by starting from a list of descriptors 11 Future Changes (Strategic targets or objectives) 1) Formulation of these changes shall begin by re-writing the corresponding descriptors positively. 2) The outcomes are reviewed to cross-check that they shall yield the vision for the forest category or land use. 3) Future changes are a complete list of discrete aspects of the visions and constitute objectives of the plan, however any specific issues unique to one FR but requiring District attention in order to realize the vision may also be included, but through negotiation. 12, 13, 14, 15 &16 Realising the Vision 1) This is a step-by-step logical analysis of what strategy and action is efficient to be undertaken in order to realise the vision, and what it shall take to fully realise the vision and who the main actors. 2) This involves matching actions with resources or service demands, partners and service providers and helps to determine reciprocal responsibility and rationalised resource allocation. 1271 1272 3) It is necessary that the District has responsibilities to lower (Parish and Sub-county) and higher levels (GOU) and is itself a source of opportunities The Plan The facilitators shall write the DFDP 1) The report may include the following elements- a) preparation process and approach; b) district background;c) policies, laws and plans in forestry; d) environmental and Ecological aspects of forestry; e) socio-economic aspects of forests, on going activities and partners; and f) analysis of forest related issues such as governance and financing, Strategic direction and priority actions, general means of implementing the plan and Monitoring and Evaluation SCHEDULE 3 Regulation 9(2) NATIONAL/DISTRICT* REGISTER OF FORESTS (*Delete whichever is inapplicable) A: STATUS OF THE FOREST B: STATUS OF MANAGEMENT 8. Type of Vegetation Cover Tropical High Forest Woodland Savannah Plantation 9. Approved Forest Management Plan Exists Yes No Expired 10. Major Management Objectives Conservation Production (specify) Plantation Tourism Other (specify) 11. Legal agreements Long Term Licences (No.) Communal Land Association (No.) Collaborative Forest Management License (No.) 12. Number of persons licensed to plant trees (if any) 13. Total area involved in 12 14. Area under plantation in 13 15. Any unique features or information (specify) 1. Name (if any) 4. Boundary Plan Number (if any) 2. Map Sheet Reference 5. Area (hectares) 3. Sub-county 6. District 7. Legal Status CENTRAL FOREST RESERVES (B) LOCAL FOREST RESERVE (C) PRIVATE FOREST (D) COMMUNITY FOREST 1273 SCHEDULE 4 Regulation 22(1) APPLICATION FORM FOR A COLLABORATIVE FOREST MANAGEMENT 1. Name of Applicant …………………………………………………… 2. Number of members of the Applicant………………………………… 3. Registration details (if any) …………………………………………… 4. Name of sub-county…………………………………………………… 5. Name of District………………………………………………………. 6. Forest has a Management Plan or not………………………………… 7. Why applicant should be given priority……………………………….. 8. Name of the forest being applied for………………………………… 9. Historical use of the forest known to the applicant…………………… 10. Applicant’s objectives………………………………………………… Members of the Forest Management Committee and their designation. [Chairperson, Secretary, Treasurer and 4 Members] Chairperson Secretary Annex: List of Members 1274 SCHEDULE 5 Regulation 27(3) COLLABORATIVE FOREST MANAGEMENT AGREEMENT This Agreement is made pursuant to Section 15 of the National Forestry and Tree Planting Act, 2003 and the Forestry and Tree Planting regulations of 2003, between ………………… [insert responsible body] and ……………………… [insert Managing Partner] this ………… day of…………, 200-. 1. Description of the Parties: (a) [insert name and nearest address of responsible body] (b) [insert name and address of Managing Partner], whose membership is drawn from the community/user group in ……… [LCI, Village] and its address for the purpose of this Agreement is [insert address] …………………………………………………………. (c) [Other user groups if applicable] 2. The Forest This Agreement is for the management of ……………………… Forest [insert name of forest or number of compartment(s) or both where applicable] situated in ………………… Village, ………………… Parish ……………… Sub- county in ………………… District and the limits of which are as follows: [insert or attach sketch of the map of forest or affected part] It is agreed that the community shall use the forest for the following purposes and objectives: (a) ……………………………………………… (b) Others ………………………… [objectives as may from time to time be agreed upon and annexed to this Agreement]. 1275 3. Duration (a) This Agreement is valid for ……………………… years. (b) The Parties agree that the Forest Management Plan is an integral part of this Agreement and is subject to revision at least once every five years. (c) The procedure for the revision of the Forest Management Plan shall be as set out in the Forestry Guidelines. 4. Obligations of the Managing Partner (a) The community undertakes to adhere to the prescriptions of the Forest Management Plan in implementing the various activities laid out in this agreement. (b) Some or all of the activities mentioned in the Forest Management Plan may be undertaken on behalf of the community by a third party under a separate contract. (c) Without prejudice to the generality of the foregoing, the following shall be the roles of the Managing Partner. 5. Obligations of the Responsible Body The following shall be the roles of the National Forest Authority/ ……… Local Government- ………………………………………………………………………………… 6. Monitoring and Reporting The Managing Partner shall prepare and submit to the annual reports of its activities and operations as set out in this Agreement plus any other ad hoc reports the Responsible Body may in its supervisory capacity require the Managing Partner to prepare. 7. Rights and Benefits (i) For the entire duration of this Agreement, the community shall be entitled to the rights and benefits set out in the Forest Management Plan. The said benefits may be modified from time to time during the process of reviewing the Forest Management Plan. 1276 (ii) The parties recognize the interests of the following entities which interests shall be exercised in accordance with the Forest Management Plan- (a) ………………………………………………………...……… (b) …………………………… [Also describe nature of interest] 8. Breaches Subject to the forest regulations, Breaches of this Agreement shall be dealt with as follows: i. All breaches perpetrated by an individual or individuals who are not members of the community to which the said forest has been attributed, shall be dealt with according to the National Forestry and Tree Planting Act and regulations. ii. In cases where the community as a whole colludes in serious breaches of the Act and regulations, shall entail annulment of this Agreement to be communicated in writing. iii. The annulment of the agreement shall not affect the customary rights of the population in the said forest. 9. Declaration (i) The contracting parties solemnly declare that they are aware of the prescriptions of the Forest Management Plan terms and contents of this agreement and accept without reservation all the provisions. (ii) This agreement shall take effect from the date of signature and shall last for its duration unless annulled in accordance with the forestry regulations. Done at .......................................... this …… day of ……………… 200... Signed by [Responsible Body] [Managing Partner] 1277 SCHEDULE 6 Regulation 27(6) CERTIFICATE OF REGISTRATION FOR A COLLABORATIVE FOREST MANAGEMENT AGREEMENT IT IS HEREBY CERTIFIED that ………………………………………… this ………………day of ………………… has been duly registered as the Managing Partner, pursuant to and in accordance with the provisions of the National Forestry and Tree Planting Act, 2003 and regulations thereof. GIVEN under my hand at ………………this ……… day of …………… 20… …………………………………………………………… (insert name of representative and Responsible Body) 1278 SCHEDULE 7 Regulation 27(6) LICENSE TO RESIDE AND OPERATE IN A FOREST RESERVE Not Transferable No. …………………………… Date ………………………………. Station ……………………………. Subject to the Forestry and Tree Planting Act and the regulations made thereunder and to the terms and conditions stated in this Form and any additional conditions, ……………………………………………. of ……………………………………… is authorised to…………………..…………………………………………………… in ………………… in Block/Compartment/Sector of …………………………….. Forest Reserve during the period ………………………. to …………….. to the extent stated below:- Area which may be resided upon or cultivated/planted with trees……….… hectares Number of livestock which may be grazed: ……………….. cattle ……………….. sheep ………………. Goats ………………..others (specify) Brand No …………. ………………………….. Issuing Officer …………………………. Designation Distribution: Original to License Holder. Uganda Revenue Authority; Triplicate to remain in the book. 1279 A. CONDITIONS APPLICABLE TO ALL FORM “H” LICENSES 1. The license holder shall take all necessary precautions to prevent damage to other forest produce arising out of his operations under this permit and shall be responsible for the acts of his servants, employees or agents. 2. The license holder and his servants and employees shall at all times assist forest officers in the prevention and extinction of fires in or threatening the area the subject of this permit, and in the prevention and detection of forest offences. 3. In the event of a breach of the National Forestry and Tree Planting Act or any regulations thereunder or any term or condition of this license, the license may be cancelled without prejudice to any proceedings which may be taken. 4. The license holder shall, on the expiry, surrender it to the issuing officer. 1280 SCHEDULE 8 Regulation 31(1) RESERVED SPECIES Botanical Name Common or Trade Names Vernacular names Melicia excelsa Mvule, Muvule, Iroko Muvule, Mutumba, Mbali, Vundi, Mbala, Olwaa Dalbergia melanoxylon African Blackwood, Ebony Poyi, Mufunjo, Motangu, Khaya – all species African Mahogany Munyama, Tido, Mario, Eri, Entandrophragma – Mahogany, Gedu, Nohor, Kirai, Kirumbo all species Mukusu, Sapele, Muyovu Muyovu, Mukusu, Mufumbi, Gumurumba, Omuyove Fagara – all species East African Satinwood Muyenye (Ganda); Ntalyerungu (Runyoro); Mulemankobe (Kiga); Mutalembwa (Rutoro); Kitutube (Kuamba); Nyakabonde (Rukonjo); Shukuma (Lugisu) Sagawat (Sabinyi) Lovoa – all species Uganda Walnut Nkoba, Mukusu Olea welwitschii Elgon Olive Musuga (Ganda); Musoko, Musodo (Rutoro); Pekeriaondet (Sabiny); Gibengeyi (Lugisu); Omusoko (Nkore); Omugando (Kiga) Afzelia Africana Afzelia, Beyo Beyo (Luo); Meli (Madi) Nongo, Mulongo (Ganda, Runyoro, Lugwe and Ssoga); Omusebeya (Nkore); Murongo (Rutoro); Bulera (Kuamba); Ajua (Lugbara); Adzimeli (Madi); Owak (Luo); Cordia millenii Cordia Mukebu (Ganda); Mutumba (Rutoro); Ketumba (Kuamba); Mujugangoma (Runyoro) 1281 Ficalhoa laurifolia - Mwumaga, Omugumaga (Kiga) Juniperus procera Cedar, African Pencil CedarTolakyo Maesopsis eminii Musizi Muhongera (Runyoro); Musizi (Ganda), Omusidi (Lusesse); Muguruka (Kiga) Morus lactea Uganda Mulberry Mukoge (Ganda); Nyakatoma (Runyoro); Lufullo (Lusamia) Newtonia buchanani Muchenche Mpewere (Ganda) Ocotea usambarensis East African Camphorwood Omwiha (Kiga) Olea hochstetteri East African Olive, Masgat (Sabinyi) Musharagi Piptadeniastrum africanum Abgoin Mpwere (Ganda) Mugeye (Runyoro) Podocarpus – all species Podo Musenene (Ganda); Saptet, Sitet (Sabiny); Obwipe (Rukonjo); Omufu, Omubulire (Kiga); Kiringi (Kuamba); Akikische (Luo); Musagali, Gumuhalamwa (Lugisu) Pygeum africanum Red Stinkwood, Mueri Ntasesa (Ganda); Omugote (Nkore); Omumba, Omukumbo (Kiga); Ngoti (Rutoro and Rukonjo); Gulumati, Chiramat, Gunwirumari, Chirumandi, Namwini (Lugisu); Oromoti (Sabinyi) Symphonia globulifera Symphonia Muyanja (Ganda), Musisi (Kiga) Aningeria altissima Osan Mutoke (Rutoro) Aningeria adolfifriederici Mwiruni Sosi (Rukonjo); Mwiruni (Lugisu); Lulyo (Sabiny) 1282 Canarium schweinfurthii Canarium, Incense Tree Muwafu, Omuwafu (Ganda); Buhura (Kuamba); Mubani (Runyoro and Rutoro); Omusanki (Runyoro); Mubafu (Lusoga) Erythrophleum guineense Sasswood Ordeal Tree Mumara (Runyoro); Odiodi (Luo); Earamor (Ateso) Mildbraediodendron excelsum Muyati Nabulere (Ganda); Muyati (Runyoro); Bombo (Kuamba) Brachylaena hutchinsii Muhugu, Muhuhu - Faurea saligna Faurea Mukuka (Rukonjo); Omulenjere (Rukiga); Morororia (Lugisu); Moyokwo, Maiyokwo (Sebei) Albizzia spp Red Nongo Mugavu Olea welwitschii Elgon Olive - Hallea rubrostipulata Abura Nzingu(Ganda); Omuziko(Nkore and Kiga); Muzingu, Mutoro, Mutororo(Rutoro); Munyamaizi(Kuamba); Muho(Runyoro); Obul(Luo); Oo(Madi) Ficus spp Vittaleria paradoxa Shea nut tree Lulu(Arabic); Kamiro, Komere, Komoro(Lugbara); Komure(Kakwa); Awa(Madi); Yaa, Yao(Luo A); Imuru(Luo L); Ekunguru(Ateso); Kinakongole(Lugwere) Mangifera indica Mango Muyembe(Ganda); Emwebe( Ateso) Osyris spp Sandalwood Elilioi( Ateso) Warbugia Ugandensis Kenya Green Heart Prunus africana 1283 SCHEDULE 9 Regulation 36(2) LICENCE TO TAKE RESERVED SPECIES/PROTECTED TREES No. ……………………… Station …………………… Date …………………….. Subject to the conditions of the Act, these Regulations and to the terms and conditions stated in this Form …………………………….. of …………… is authorised to cut, take and remove the undermentioned reserved species/protected trees from ………………………….(Block/Compartment/Village/Street/Ward) in ……….. Sub- county/Division……………..District within the period ……………………………… to ………………………………… Forest Produce Allowed Additional charges TOTAL CHARGES Received the sum of Shillings …………………………………………… (Shs.………) ………………………… Issuing Officer …………………………… Designation Receipt No……… DESCRIPTION OF THE TREES MINIMUM GIRTH ALLOWED VOLUME/QUA NTITY RATE PER M3 FEES (SHS.) 1284 SCHEDULE 10 Regulation 51(1) TIMBER WHICH IS NOT SUSCEPTIBLE TO BEETLE BORERS Afzelia Africana Beyo, African Mahogany Albizia coriaria Mugavu Brachylaena hutchinsii Muhugu Cordia abyssinica Muringa Cordyla richardii Kalindi Cynometra alexandri Muhimbi Erythrophleum guineense Mumara Fagara angolensis Munyenye Fagara sp. Nr. F. angolensis Mulemankobe Fagara macrophylla E.A. Satinwood Juniperus procera E.A. Pencil Cedar Lovoa brownie Nkoba Lovoa swynnertonii Nabialagala Manikara cuneifolia Nkunya Markhamia platycalyx Nsambya Melicia excels Muvule Mildbraediodendron excelsum Muyati Morus lacteal Mecodze Ocotea usambarensis E.A. Camphorwood Olea chrysophylla Brown Olive Piptandenia Africana Mpewere Piptandenia buchananii Mpewere Pygeum africanum Ntasesa Olea welwitschii Elgon Olive Syzygium guineense Syzygium Warburgia ugandensis Kenya Greenheart, Mwiha 1285 SCHEDULE 11 Regulation 63(2), 65(1) and 66(1) APPLICATION TO REGISTER A PRIVATE FOREST Part I: To be filled by Applicant 1. Full Names of Applicant…………………………………………………... 2. Address …………………….…………………………………………… 3. Location (i) Village/Zone …………….……………………………………………. (ii) Parish …………………………………………………………..……… (iii) Sub-county/Town …….………………………………………..……... (iv) County/Division ……………………………………………………… (v) District .………………………………………………………………... 4. Name of Forest (if any) …………………………………………………… 5. Approximate area of the forest (ha) ………………………….…………… 6. Names of owners of adjacent land ………………………………………… 7. State any interest, lease, right, occupation, charge or other encumbrances affecting the land whether by customary or otherwise, together with the name and description of every person entitled to the benefit.….………… ………….………………….……………………………………………… 8. *If the land is registered give details of registration: (i) FRV/LRV ……………………………………………………………… (ii) Folio ……………………………………………….………………….. (iii) Block ……………………………………………..………………….. (iv) Plot ………………………………………………..………………….. 9. Consent of the registered owner of the land/customary owner I/We …………………………………………………………(name and particulars) being the registered owner(s) of the land on which ………………………………..forest (name of forest) is located consent/do not consent* that the forest be registered. Give reasons for not consenting .………………….………………………. 10. Management objectives …………………………………………………… 1286 11. Signed and dated (i) ………………….………………….………………….………… * Attach a copy of certificate of registration **Delete where applicable Part II: Comments by the Land Committee 12. Remarks of the Parish/Urban/Division Land Committee (delete where not applicable) ………………………….………………………………………………..... Part III: Comments and Approval/Rejection by the District Forest Officer 13. Summary Remarks and Recommendations of the District Forestry Officer (a detailed separate report must be attached) on the suitability of the forest for registration in terms of: (i) Ascertainment of 3-11 above; (ii) Status of wildlife, protected trees and reserved species; (iii) Status of habitat; (iv) Key issues for the management plan; (v) Immediate measures to enhance conservation; (vi) Immediate measures to restore environment. Part III: Decision of the District Land Board (i) The application is approved/rejected/deferred (ii) The application is approved upon the following terms and conditions (iii) The application is not approved due to the following reasons: ………………………….……………………………………………….. ………………………….……………………………………….………… ……………………………………..……………………………………… Minute number ……………………………………………..………………… Name and signature ………………………………………………………..… Chairperson, Land Committee Date ………………………………………20……… 1287 SCHEDULE 12 Regulation 67 CERTIFICATE OF REGISTRATION OF A PRIVATE FOREST FOREST IS REGISTERED UNDER: Name of Forest …………………………………..…………………………….. Size of the Forest …………………………………..………………….hactares Brief Description of the Forest ………………………………………………… FRV/LRV ……………………………………………………………………… PART I: LOCATION Folio ………………………………………………. Block …………………………………………….. Plot ……………………………………………….. DISTRICT COUNTY/MUNICIPALITY SUB-COUNTY/DIVISION PARISH/WARD VILLAGE/ZONE PART II: OWNERSHIP Date, time and instrument number Name and contact address of forest owner Signature of the Recorder Transfers PART III: CLAIMS/ENCUMBRANCES Date, time and instrument number Particulars Signature of the Recorder 1288 SCHEDULE 13 Regulation 69(4) SUMMARY RULES FOR FOREST VALUATION No. Steps Key elements/criteria Remarks 1 Identifying forest economic benefits 1) Consultations on different goods and services. 2) Use of " Total Economic Value(TEV) approaches including- (a) direct uses; (b) indirect uses; (c) option values; and (d) existence values. 1) Information on range of forest goods and services generated; 2) TEV ensures no benefit is omitted 2 Choosing which economic goods to value 1) The need to cover a representative range of uses, areas and human populations. 2) The socio-economic importance of different forest goods and services. 3) The likelihood of obtaining sufficient quality data to enable values to be calculated; 4) It is also necessary to choose the forest areas in which sampling studies may be carried out; 5) For each of the chosen goods and services, at least one study site should be selected to provide adequate representation of both variations in the nature of the forests, and the use characteristics and social economic conditions. 1) Criteria may result in goods and services as follows- (a) forest production of timber; (b) forest production of poles; (c) forest production of firewood; (d) production of wild foods and medicines; (e) habitat support to biodiversity; (f) maintenance of the hydrological cycle; (g) recreation and aesthetic value; (h) prevention of soil erosion; (i) amelioration of weather and c l i m a t e p a r t i c u l a r l y through carbon sequestration; and 1289 6) Estimates of key costs associated with maintaining forests should be made such as opportunity costs associated with maintaining land under forests rather than crops, damage costs associated with vermin attacks (j) option and existence value 3 Computing the physical quantities of goods and services for plantations 1) Identify species and determine bole heights, total heights and crown length and dbh per unit area. 2) Compute timber volume. 3) Compute running meter for pole size trees 1) Total values computed by projection to the whole forest area. 2) Total value computed based on market values of different species for different products ranges- poles, sawn timber 4 Choosing valuation techniques 1) Techniques vary for goods and services. 2) Goods valued using market values and value of close substitutes. 3) Services valued using contingent valuation methodology and benefits transfer techniques, Travel cost m e t h o d o l o g y , replacement costs or preventive expenditure and market value of carbon credits 1) A wide of techniques is available. 2) Usually valuation of services constrained by lack of data. 5 Select indicators of economic value Forest values may be expressed as income, profit or returns 1) Indicator selection dependent on availability and accuracy of data. 1290 1291 2) Usually gross values used to avoid error and subjectivity. 6 Specifying data needs 1) List exact data requirements- (a) Which information needed to obtain indicators of economic value; (b) Translating the above information needs into a detailed list of data. 2) A range of computation methods exist such as- (a) to compute the gross value, use Units harvested/used/pro duced/sold x price per unit; (b) to compute s u b s i s t e n c e consumption value use Gross value- gross cash income OR Units used at home x price per unit 1) Important to determine how data will be obtained. 2) Take into account seasonal or other variations in the amounts of forest goods harvested, produced or sold, in prices and other factors SCHEDULE 14 Regulation 90(2) License Issued by the responsible bodies THE NATIONAL FORESTRY AND TREE PLANTING ACT, 2003 (Act 8, Section 41 –43 Laws of Uganda) LICENCE TO CUT/ TAKE FOREST PRODUCE FROM A CENTRAL/LOCAL FOREST RESERVE, COMMUNITY AND PRIVATE FOREST (Not Transferable) License No. ………………. Date …………………….. District /Institution …………………………….... Subject to the conditions of the National Forestry and Tree Planting Act, 2003 and any Regulations made there under and to the terms and conditions stated herein . M/s ……………….…………………………………. of ………………..…. Tel …………………………… is hereby authorized to cut and take / remove the under mentioned forest produce from Central Forest Reserve / Local Forest Reserve; Management Area/LFR:........................... CFR: ………… Cpt: …………Cpe: …..…… Block/plot …….. Community / Private Forest; District: ………. Subcounty ………. Parish …………… village ….……….. (Name/s)…………………Tel ……… For a period of ……… (Year(s) / Months) from ……… to ……….. Forest Produce Allowed Amount in words (Uganda Shillings) ………………………………………………………………………………………… Amount Received (UGX) ………………………………… Receipt No. …………………….……………………… ISSUING AUTHORITY: APPROVED BY: Commissioner, Forestry Sector Support Department (Names)…………………................... (Signature + Official stamp)…………………… Additional Special Conditions and agreement between buyer and seller are attached Copies: Original to Licensee; Commissioner FSSD; Range Manager, Plantation Manager, Chief Administrative Officer, Owner of forest, Finance Department of NFA&LG. Institution Responsible Officer Name Date Signature NFA Executive Director, NFA LG Chief Administrator Officer Sector/ Plantation / LFR/Community/ Private forest GPS Positions of trees/forest Description of produce AAC* / Volume offered (m3) Species Minimum diam at DBH** Rate Amount Payable Registration % value VAT Total 1292 I I SCHEDULE 15 Regulation 90(10) ANNUAL LICENSE TO TRANSPORT FOREST PRODUCE Not Transferable. No. ……………………… Date …………………………. District ………………………. Subject to the conditions of the National Forestry and Tree Planting Act, these regulations and to the terms and conditions stated in this Form .............................................……………….of………………………………… ………... is authorised transport …………………. (type of forest produce) for the year starting 1st July 20.............. to 30th June 20....................... Amount Paid UGX ………………………….. Receipt No. ……………………… …………………… Issuing Officer …………………… Designation Distribution: Original to Licensee, Duplicate to National Forestry Authority, Triplicate to remain in the book. 1293 SCHEDULE 16 Regulation 92(1) MINIMUM GIRTHS FOR TREES TO BE FELLED FOR TIMBER Botanical Name Common or Trade Names Girth (cm) Melicia excels Mvule, Muvule, Iroko 244 Albizia coriaria Mugavu 183 Dalbergia melanoxylon African Blackwood, Ebony - Khaya – all species African Mahogany 244 Entandrophragma – all species Mahogany, Gedu, Nohor, 244 Mukusu, Sapele, Muyovu Fagara – all species East African Satinwood 183 Lovoa – all species Uganda Walnut 244 Olea welwitschii Elgon Olive 152 Albizia zigia, A. ferruginia, A. Red Nongo 183 gumifera, A. Grandibracteata Afzelia Africana Afzelia, Beyo 183 Crapa grandiflora Crabnut, Uganda Crabwood - Cordia millenii Cordia 183 Fogaropsis angolensis Muyinja, Mafu 183 Ficalhoa laurifolia - 183 Fagaropsis angolensis Muyinja, Mafu 183 Holoptelea grandis Mumuli 183 Juniperus procera Cedar, African Pencil Cedar 183 Maesopsis eminii Musizi 183 Markhamia platycalyx Musambya 92 Mitragyna – both species Abura 152 Morus lacteal Uganda Mulberry 183 Newtonia buchanani Muchenche 244 Ocotea usambarensis East African Camphorwood 244 Olea chrysophylla Brown Olive - Olea hochstetteri East African Olive, Musharagi 152 Piptadeniastrum africanum Abgoin 244 Podocarpus – all species Podo 183 Pygeum africanum Red Stinkwood, Mueri 183 Aningeria altissima Osan 244 Aningeria adolfifriederici Mwiruni 244 1294 Canarium schweinfurthii Canarium, Incense Tree 244 Tricilia splendid Trichilia 244 Albizia glaberrima White or Black Nongo 183 Symphonia globufera Symphonia 152 Erythrophleum guineense Sasswood Ordeal Tree 244 Baikiaea minor Nkobakoba 183 Mildbraediode-ndron excelsum Muyati 244 Brachylaena hutchinsii Muhugu, Muhuhu 152 Butyrespermum parkii Shea Butter Tree 152 Faurea saligna Faurea 183 Celtis soyauxi Celtis 183 Drypetes spp. Mushabarara 183 Pterygota mildbredii Pterygota 183 Chrysophyllum spp. White Star Apple 152 Strombosia scheffleri Strombosia 152 Tamarindus indica Tamarind 152 1295 SCHEDULE 17 Regulation 102(1) CERTIFICATE FOR TIMBER GRADING No. ………. I HEREBY CERTIFY THAT I have this ………… day of ……..20.. inspected the following timber, the property of …………………………………………………….. ……………………………………………………………………………………… …………………………………………………………………………………………. ………………………………………………………………………………………….. lying at …………………………………………………………………………… and found it to conform with the provisions of the regulations under the National Forestry and Tree Planting Act, 2003. This Certificate has been issued without alteration or erasure, this …………………. Day of …………………………………, 20 …….. ……………………………… Timber Grader Species No. of pieces Grade Length Other dimensions 1296 SCHEDULE 18 Regulation 103 STANDARD TRADE NAMES PRESCRIBED FOR TIMBER Botanical Name Standard Name Other Names Acacia mollissima Willd. BLACK WATTLE - Afzelia Africana Sm. Ex Pers. AFZELIA Beyo Albizzia spp (excl. A; ALBIZZIA Nongo coriaria Welw) Alstonia boonei De Wild. ALSTONIA Mujwa Antiaris toxicaria (Rumph ANTIARIS Kirundo ex pers.)Lesch Aningeria altissima (A. Chev.) OSAN Nkalate Aubr. And Pellegr. Canarium schweinfurthii Engl. CANARIUM Mwafu Cassipourea elliotti Alston PILLARWOOD - Celtis soyauxii Engl. CELTIS Lufugo Chlorophora excelsa (Welw) IROKO Mvule Benth and Hook f. Cordia abyssinica R. Br. - Mukebu Cupressus lusitanica Mill. - Mexican cypress, (now C.lindleyi?) Lusitanica cypress (S.A.) Cupressus macrocarpa Hartw. - Monterey cypress Cynometra alexandri MUHIMBI - C.H. Wright Dalbergia melanoxylon Guill. & Perr AFRICAN BLACKWOOD Poyi. Diospyros mespiliformis Hochst. Ex A.DC. AFRICAN EBONY Chumu Entandrophragma angolense (Welw) C.DC GEDU NOHUR Mukusu Entandrophragma utile (Dawe and Sprague) Sprague - Utile, Mufumbi Erythrophleum guineense G.Don - Sasswood, Mumara 1297 Fagara macrophylla Engl. - East African Satinwood Olon, Munyenye. Fagaropsis angolensis (Engl.) Dale - Muyinja, Mafu Grevillea robusta A. Cunn. - Silky Oak Juniperus proccra Hochst. Ex A. Rich AFRICAN PENCIL CEDAR - Khaya anthotheca (Welw.) C.DC. AFRICAN MAHOGANY Munyama Khaya grandifoliola C.DC AFRICAN MAHOGANY Tido Khaya senegalensis AFRICAN MAHOGANY Tido (Desr.) A. Juss Maesopsis eminii Engl. MUSIZI - Mitragyna stipulosa (DC) O. Kize ABURA Nzingu Ocotea usambarensis Engl. EAST AFRICAN Mwiha CAMPHORWOOD Olea hochstetteri Bak. EAST AFRICAN OLIVE - Piptadenia Africana Hook f. DAHOMA Mpewere, Muchenche Piptadenia buchananii Bank. - Mafamuti (S.A.), Mpewere Podocarpus dawei Stapf PODO - Podocarpus gracilor Pilg PODO - Podocarpus milanjianus Rendle PODO - Podocarpus usambarensis Pilg PODO - Pycnanthus angolensis (welw.) Excell - Lunaba, Pycanthus Ricinodendron heudelotti ERIMADO Musodo (Baill.) Pierre ex Pax Steganthus welwitschii - Elgon Olive (Knobl.) Knobl. Tamarindus indica L. - Tamarind 1298 SCHEDULE 19 Regulation 104(2) FOREST PRODUCE DECLARATION FORM FPDF No…..… Date: ………………………. TO THE SECTOR MANAGER/DISTRICT FOREST OFFICER P.O. Box ……………………………………………………………………… ………………………………………………………………………………… 1. M/s ……………………………………………………………………… of ………………………………………………………………………… permit/ trading licence (#) ……………………………………………… Has legally acquired the following forest products: Timber Size Species (#) of Pieces ………………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… (ii) Charcoal ………………………………………………bags (#) (iii) Firewood ……………………….…… … pieces / bundles (#) (iv) Billets………………………………………………….. pieces (#) 2. Approximate Royalty Value ………………………………………………………………………….. 1299 3. Forest Reserve / County ………………………………………………. 4. Name of Officer i/c …………………… Designation ………………… 5. Signature………………………………………………………………… Declaration: I DECLARE THAT THE ABOVE INFORMATION IS TRUE TO THE BEST OF MY KNOWLEDGE. Original to Licensee Duplicate to Uganda Revenue Revenue Triplicate to remain in Book 1300 SCHEDULE 20 Regulation 104(8) FOREST PRODUCE MOVEMENT PERMIT (PERMIT VALID FOR ONE TRIP ONLY WITHIN TWO DAYS OF DATE OF ISSUE) Important: Transport, storage and dealing in timber that is not appropriately coded by official hammer and accompanied by this form make the timber liable for confiscation with possible fines and prosecution. FPMP No………….. Date: ………………….. District of Origin Code # …………… Field Hammer # ……………………… M/S (Vehicle Driver) ……………………. ID Card No: …………………… Vehicle Reg. # ………… Make …………… Capacity…………………… Is hereby authorized to move the following forest produce From: …………………………………. To: ……………………………… Belonging to M/s …………………….. of: ……………………………… License No. ……………………………... VAT No. ………………………… FPDF No. …………………………..General Receipt No. ………………… Type of Produce Species Size No. of pieces ………………….. ………………… ……………… ………………. ………………….. ………………… ……………… ………………. ………………….. ………………… ……………… ………………. Estimated value of produce in U Shs. ……………………………………… 1301 Estimated VAT value in U Shs. ………………… (even if NOT registered) The said produce has been legally obtained from ……….…. (Forest Station) Name of Issuing Officer ……………………………… Signature of Issuing Officer ………………………….. Designation …………………………………………… Distribution: Original to Customer at destination Duplicate Uganda Revenue Authority Triplicate Remain in Book 1302 SCHEDULE 21 Regulation 104 (15) ILLEGAL FOREST PRODUCE DECLARATION FORM Serial No…..…………… Date…………………… 1. Area of Origin……….……………… Driver’s Names………………… Vehicle Reg. No…………………Type of Offence…………………… 2. Type of Produce (Timber/Charcoal/Firewood/Billets/Other). A. TIMBER Sizes Species No. of Pieces 12” x 1” x 14’ ……………………………………… ………………… 12” x 2” x 14’ ……………………………………… ………………… 15” x 1” x 14’ 6” x 2” x 14’ ……………………………………… ………………… 4” x 2” x 14’ ……………………………………… ………………… 8” x 2” x 14’ ……………………………………… ………………… 9” x 2” x 14’ ……………………………………… ………………… 4” x 3” x 14’ ……………………………………… ………………… 4” x 4” x 14’ ……………………………………… ………………… 6” x 1” x 14’ ……………………………………… ………………… 3” x 1” x 14’ ……………………………………… ………………… 8” x 1” x 14’ ……………………………………… ………………… 9” x 1” x 14’ ……………………………………… ………………… 3” x 2” x 14’ ……………………………………… ………………… B. CHARCOAL Bags No…………………………………………………… C. FIREWOOD Pieces/Bundles No………………………………………… 1303 D. BILLETS Pieces No………………………………………………… E. OTHER (specify)………………………………………………………… F. TOOLS ETC CONFISCATED…………………………………………… 3. Name of Authorised Person………………………………………….…. Signature…………………….…………. 4. Date………………………………... Time of Departure……………….. Place…………………………………………………………………… 5. Received / Verified by…………………………Signature……………… Designation………………………….. Place………………….……… Date………………………… 6. Gross value in UG Shillings…………………………………………… 7. I certify the above is true……...……………….……………………… (Name & Signature of “owner”) NOTES (1) All impounded produce must be declared and shall be accompanied by this form to the respective district forestry services of the respective local government or to range offices of NFA or NFA headquarters or the nearest police as the case may require. (2) It shall be an offence to retain impounded produce without written authority from the offices mentioned above in (1). (3) The driver will carry only the produce declared on this form. WARNING: THE IMPOUNDED PRODUCE WILL BE DISPOSED OFF AS PER LAW PROVIDED IF IT IS NOT CLAIMED WITHIN TEN (10) DAYS FROM THE DATE OF IN (6) ABOVE. PROFESSOR EPHRAIM KAMUNTU Minister for Water and Enviroment 1304 1305