Forest Resource Conservation Act, 1992 (No. 47 of 1992)

Interpretation 203 IL.S·l ACf NO. 47 OF 1992 I ASSENT DAVID E. JACK Governor-General 15th July, 1992 AN ACf to make provision for the conservation, management and proper use of the forests and watersheds, the declaration of forest reserves, cooperative forests and conservation areas, the prevention and control of forest fires; and for matters connected with those purposes. l By Proclamation] BE IT ENACfED by the Queen's Most Excellent Majesty by and withthe advice and consent of the House of Assembly of Saint Vincent and the Grenadines and by the authority of the same, as follows: PART 1 - PRELIMINARY 1. This Act may be cited as the Forest Resource Conservation Act, 1992, and shall come into operation on such date as the Governor Generalmay by Proclamation in the Gazette, appoint. 2. In this Act, unless the context otherwise requires "authorized officer" means a forest officer, police officer, agricultural officer, fisheries officer or any other govern ment officer or other person designated by the Minister under section 42; Stort title and commencement "conservation area" means an area declared to be a conservation area under section 19; "conservation area management plan" means a conservation plan prepared under section 25. "conservation plan" means the national forest resource conservation plan prepared under section 6; "council" means a conservation council appointed under section 22; No. 47 204 Forest Resource Conservation 1992 "Crown lands" mean Establishment of Forestry Depart ment Director of Fores try and Staff (a) the waste or vacant lands of the Government; (b) all lands vested in the Government whether by forfeitult. e cheat, purchase or exchange but not including anylaII! vested in a statutory authority; "forest officer" means Director of Forestry, a forest technician. forest guard, forest supervisor or any other offi appointed under section 4; "forest produce" means (a) timber (b) any part of any product of such timber, including charcoal; (c) any vegetative growth, whether alive or dead; "forest reserves" means an area declared to be a forest reserve under section 10 and crown lands suitable for forest management; "livestock" includes cattle, oxen, sheep, goats, swine and horses, poultry and any domestic animal; "minerals" include gravel, sand, limestone, lime, salt; "Minister" means the Minister responsible for forestry; "Planning Board" means the Physical Planning and Develop ment Board established under section 3 of the Townand Country Planning Act, 1992: "timber" includes trees at any stage of growth whether standing, fallen, living, dead, limbed, bucked or peeled, as welJ as logs. PART n --ADMINISTRATION 3. There shall be established a department of Government tobe called the Forestry Department. 4. (1) For the administration of the Forestry Department, the Public Service Commission may appoint (a) a Diretor of Forestry; (b) such other officer as may be necessary for the effective administration of the Department 205 No. 47 Forest Resource Conservation 1992 (2) The Director of Forestry shall be respon ible for the administration of the Department and for the enforcement of the provi ionsof the Act and shall have such other functions as may be assigned tohim by or under thi Act or any other enactment. (3) The officer of the Department hall discharge the func tionsallocated to them by the Director of Forestry. 5. (I) The functions of the Director of Fore try shall include (a) the conservation, management and development of forests; (b) the preparation of forest inventories and the demarcation and maintenance of forest boundaries; (c) the preparation and implementation of the national forest resource conservation plan, individual forest management plans and conservation plans; (d) the control and supervision of cutting, harvesting, milling and sale of timber and other forest produce, including charcoal, where the activity is conducted by government agencies; (e) the regulation of the activitie of per ons and corporations who cut, harvest, transport, mill and sell timber and other forest produce on crown lands; (f) the is uing of licences and permits for the harvesting of timber and other forest produce; (g) the inspection and collection of information and statistics concerning the use of timber and other forest produce; (h) the protection and preservation of water resources in forest reserves, co-operative forests, conservation areas and along streams and rivers in co-operation with the Central Water and Sewerage Authority and St. Vincent Electricity Services; (i) the regulation of fires on Crown land; (j) the promotion of the practice of forestry and agro-forestry in agricultural, pastoral and other areas in conjunction with the relevant divisions of the Ministry of Agriculture and the encouragement of proper forestry practices and management on private land through advice and assistance; Functions of the Director of Fores try No. 47 206 Forest Resource Conservation 1992 National Forest Resource conser vation plan . (k) the promotion of proper soil and forest conservation practices; (I) the promotion and supervision of forest research; (m) the survey, establishment, management, development and administration of forest reserves; (n) the protection of the natural landscape to maintain the visual quality of the environment on Crown land; (0) the maintenance of biological diversity; (p) the training of the staff; (q) the promotion and implementation of educational programmes to improve understanding of the contribution of forests to national well-being and national develop ment; (r) the prosecution of offenders against this Act and Regula tions made under this Act, including compounding of offences; (s) the promotion, establishment, management, development and administration of recreation facilities in co-operation with the Ministry of Tourism; (t) the discharge of any other functions and duties that may be assigned under this Act or any other Act. (2) The Director of Forestry may, subject to such conditions as he may specify, delegate any of his functions under this Act to any authorized officer. 6. (1) The Director of Forestry shall prepare and submit to the Minister, for the approval of Cabinet at intervals not exceeding ten years, a national Forest Resource Conservation Plan which shall cover the next ten-year period. (2) The purpose of the conservation plan shall be to co-ordinate activities on all forest reserves, conservation areas and co-operative forests. (3) The conservation plan shall include (a) a statement of forest resource conservation .policy; (b) an estimate of the amount, condition and status of the following (i) timber and other forest produce; 207 0.47 Forest Resource Conservation 1992 (ii) water resources; (iii) soil, wildlife, recreation and other natural resources; (c) an a sessment of the national demand for and threats to the resources mentioned at paragraph (b); (d) a statement of the measures required to con erve and develop resources in compliance with forest resource conservation policy; (e) an estimate of staffing, budgetary and administrative requirements. 7. Prior to submitting the conservation plan to the Minister, the Commenton the DireClorof Forestry shall plan (a) submit the conservation plan for comment to (i) the Department of Agriculture; (ii) the Central Planning Unit; (iii) the Central Water and Sewerage Authority; (iv) St. Vincent Electricity Services; (v) the National Trust; (vi) Such other private conservation organizations a he may think fit; (vii) such other relevant government agencies as he may think fit; (b) publicize the conservation plan and hold at least one public meeting to discuss its contents; (c) make copies of the conservation plan available at all forestry offices for public inspection. 8. (I) The Minister may comment on or revise the conservation Approvalof the planprior to its submission to Cabinet. Plan (2) The Minister shall submit the plan to Cabinet, which shallamend, approve or return it to the Minister for revision. (3) If the plan is approved by Cabinet, the Director of Forestry shallmake copies available for public inspection and for sale at a reasonableprice at all forestry offices. 9. (I) For the purpose of preparing the conservation plan, the Powerto collect Directorof Forestry is authorized to collect such information on forest information No. 47 208 Forest Resource Con ervation 199! Declaration of forest reserves Schedule Leasing of forest reserves resources as may be necessary from any person who, or from any public or private institution which, is in a position to upplythi information. (2) Any such per on or public or private institution. thatd not, within sixty days of a written reque t under ub ection (I) provlO: the information reque ted by the Director of Forestry, commitsan offence and is liable on summary conviction to a fine not exceedini one thousand dollar . (3) Upon the written request of an informant under this . tion, the Director of Forestry shall, if he find the information tore confidential busine s information entitled to protection from discloure. take all steps nece sary to protect this information from disclo ure. (4) If the Director of Forestry decides that information uil mitted under this eetion is not entitled to protection from di cloun, he shall notify in writing the person who submitted the request ofhi decision and that person may appeal in writing to the Minister within thirty days from the date of receipt of the notification. (5) A decision made by the Minister shall be in writingand shall be final. PART III --- FOREST RESERVES 10. (J) The areas listed in the Schedule are declared to be forest reserves for the purposes of this Act. (2) The Minister may, by order published in the Gazette. declare any area of Crown land to be a forest reserve for any of the following purposes (a) the sustained production of timber and water; (b) the conservation of soils; (c) Public recreation; (d) the preservation of flora and fauna. (3) Every area so declared shall be added to the areas li ted in the schedule. (4) No land within a forest reserve shall be granted, devised or sold. II. No land may be leased in a forest reserve unless (a) the Minister finds that the lease is in the public inte and doe not conflict with .1-0 purposes for which III reserve was declared; 209 No. 47 Forest Resource Conservation 1992 (b) the term of the lease does not exceed five years; (c) the lease is in writing; (d) the lease specifies the purpose for which the land will be used. 12. (I) The Minister may by Order published in the Gazette, declare any area within a forest reserve to be a protected area where thereshall be no Protected areas within forest reserves (a) harvesting of timber or other forest produce; or (b) development or exploitation except for the maintenance of trails. (2) In the event of a natural disaster, the Minister may sus pendthe order of declaration of a protected area for a period of time notexceeding six months to allow salvage operations within the protected area. 13. (I) An order declaring an area to be a forest reserve shall contain a description of the boundaries and, within two years of such declaration, the Director of Forestry shall cause the boundaries, where practicable, to be marked, defined and maintained in such a manner as tobe visible at all times. (2) The Director of Forestry shall cause a map or plan of eachforest reserve to be prepared and such map or plan shall be deposited in the Chief Surveyor's Office, where it shall be made available for public inspection. 14. (I) The Director of Forestry shall, within two years of the Forest Manage declaration of a forest reserve, prepare and submit to the Minister for rnent plans approval, a forest management plan to be used to guide development anaother activitie in respect of that fore t reserve. Demarcation of boundaries (2) A forest management Plan shall contain (a) a description of the area including size and boundaries; (b) a description of timber and other forest produce, wildlife, water, recreation and other resources; (c) a statement of management objectives for the next ten years; (d) where appropriate, a description of silvicultural, harvest ing and reforestation measures; (e) the location, area and purpose of any protected areas. (3) The Minister shall approve the forest management plan withor without modification. No. 47 Forest Resource Conservation 1992 210 (4) The Director of Forestry shall manage the forest reserve in accordance with the plan as approved by the Minister. (5) The Director of Forestry shall prepare a revised forest management plan for each forest reserve at intervals of not more than five years. PART IV -- CO-OPERATIVE FOREST Co-operative 15. The Minister may enter into agreements with owners of private forest agreements land to declare such land a co-operative forest for a term of years for any or all of the following purposes (a) managing, maintaining and utilizing a forest plantation or natural forest for the production of timber and other forest produce; (b) soil and water conservation; (c) plant and wildlife conservation; (d) public recreation. 16. An agreement in respect of a co-operative forest shall -Terms of agree ment (a) describe the area including size and boundaries; (b) be in writing signed by the owner or by the authorized agent on behalf of the owner and by the Director of Forestry on behalf of the Government; (c) contain a plan, if appropriate, of planting, thinning, harvesting and replanting indicating the species to be planted or occurring naturally and the extent of grazing, agricultural or other activity to be allowed; (d) contain a plan, if appropriate, for soil, water and wildlife conservation; (e) contain a plan, if appropriate, for the the reinbursement of the Government for reasonable costs of the adrninistra tion, planning and management costs incurred; (f) specify the responsibilities of the Government and the owner. Proceeds payable 17. ( 1) The proceeds from the sale of timber and other forest 10 private owners produce from a co-operative forest shall be payable to the owner of the co-operative forest. 211 No. 47 Forest Resource Conservation 1992 J (2) The expenses incurred by the Government in the manage mentof a co-operative forest may first be subtracted from such proceeds. 18. (I) The Director Of Forestry may, at the request of any ownerof private land, provide assistance in forestry to the extent prac ticable,including forest planning, thinning, charcoal production, har vestingand sale of timber and other forest produce. (2) The Director of Forestry may make reasonable charges toowners of private lands for services rendered having regard to the costof such services and the forest policy of the Government. PART V -- CONSERVATION AREAS 19. (I) The Minister may after consultation with the Planning Board,by Order in the Gazette, declare any area of land, whether private,Crown or both, to be a conservation area for one or more of thefollowing reasons (a) the area requires the implementation of conservation practice and management controls to prevent or limit sedi mentation, pollution or erosion in order to maintain a clean and reliable supply of water for domestic, industrial and commercial use; (b) the area requires the implementation of conservation prac tices and management controls in order to maintain the soil or water resources in a productive state for agricultural development and the productivity or stability of surround ing areas; (c) the area is in a dangerous or unstable state above road sides, along river and stream banks, or near residential or industrial areas; (d) the water resource of the area are in a polluted condition which may be injurious to the health of human beings, animals or plants. (2) The Minister after consultation with the Director of Forestry,and the Planning Board may by Order published in the Gazette, varyor amend the terms of a declaration under this section where the purposesfor which a conservation area were declared are no longer applicableand such variation may include an amendment to a boundary, theabolition of the declaration, or a change in the purposes for which !hedeclaration was made. Assistance to owners of private forest land Declaration of conservation pub lished areas No. 47 212 Forest Resource Conservation 1992 Notice of proposed conservation area Interim protection measures Appointment of local conservation councils (3) The Minister may, by Order published in the Gazette.a the same time or subsequent to the declaration of a conservation area specify the members of the Conservation Council, the powers of the Council and other matters related to the declaration and management of the conservation area. 20. (1) Whenever an area is proposed for declaration asa conservation area, the Minister shall, at least ninety days prior tothe issuing of an order declaring a conservation area (a) publish in two issues of the Gazette, a notice; (i) describing the area proposed for declaration a a conservation area and containing a general state· ment of the purposes for which the declarationis being proposed; (ii) specifying the time and place in which the proposal, including supporting material, may be reviewedby the public; (iii) specifying the means by which the public maycom· ment on the proposal; (b) hold one or more public meetings at locations where residents within or nearby the proposed conservation area may comment on the proposal; (c) take into account in preparing the final order of declaration any written or verbal comments received under thi section. (2) Whenever an order of declaration is amended, to abolish a conservation' area, the Minister shall give public notice and provide an opportunity to comment as in subscetion (I). 21. (I) The Minister may, by Order published in the Gazette, adopt in respect of a proposed con ervation area such interim measers as may be necessary in order to protect the area, including mea Ure\ prohibiting all agriculturaJ activities, construction, land clearing, timber harvesting and other development in the area. (2) Any measures adopted under this section shall remainin force only for as long as necessary to prepare the order of declaration and, in no event, for longer than six months. 22. (l) The Minister may appoint by instrument in writinga local conservation council for the whole or any part of a conservation area. 213 No. 47 Forest Resource Conservation 1992 (2) A council shall include at least (a) two members who are residents of the conservation area or areas in the vicinity of a conservation area; (b) two members from the public or private sector who e appointment in the opinion of the Minister, will ensure adequate expertise and the range of economic, social and conservation interests important for management and development of a conservation area. (3) The Director of Forestry may serve as chairman of the councilor may delegate that responsibility in writing. (4) The Director of Forestry shall, from time to time, make available to any council such technical advice and assistance as may be necessary to assist the council in the management of the conservation area in accordance with its purposes and objectives. (5) Members of a council may be remunerated for their serv icesat a rate to be fixed by the Council with the approval of the Minister. 23. (I) (a) The function of a council shall include monitoring and discu sing the condition of natural resourses; (b) holding public meeting; (c) collaborating with the Director of Forestry in the pre paration and implementation of conservation plans; (d) proposing and reviewing conservation rules; (e) proposing a budget for the local conservation area fund; (f) proposing incentives for conservation practices in a conservation area; (g) any other functions allocated by regulations or rules issued under this Act; (h) making rules, with the approval of the Minister, for regulation of a conservation area. 24. The Minister may, by Order published in the Gazette, delegate uch further functions as he thinks appropriate excepting the power to makeregulations to any council including, but not limited to Functions of local conservation councils Delegation of further powers to local conservation councils No. 47 214 Forest Resource Conservation 1992 Conservation plans Preparation of conservation plans for individual par cels Conservation area fund (a) hiring and payment of staff; (b) designing and executing local projects; (c) spending and raising funds; (d) preparing conservation plans; (e) using consultants and technical advisors from Govern ment and outside of Government; (f) the enforcement of any conservation regulations or rules made under this Part; (g) implementing. such other provisions of this Act as the Minister may think fit. 25. The Director of Forestry, in collaboration with a council, may prepare conservation area management plans which include (a) a general description of the natural resources of the area and the problems which require that the area be declared a conservation area; (b) the general distribution of private, Crown and Crown leased land in the area; (c) an identification of fragile or critical areas for priority management attention; (d) general management objectives; (e) a recommended time frame for implementing the manage ment plan according to the priority lands and resources available; (f) a proposal for conservation rules. 26. The Minister may direct the Director of Forestry to prepare, and the Minister may revise and approve, conservation plans for individual parcels of private land, giving priority to the most fragile or critical lands in a conservation area, in order to guide the owner or occupier in the implementation of improved conservation practices. 27. (1) The Minister may establish a conservation area fund for any conservation area to be used for (a) conservation education programmes; 215 No.47 Forest Resource Conservation 1992 (h) expenses related to conservation measures and incenti ves; (c) purchase of private lands; (d) the hiring and training of staff, including consultants and labourers; . (e) any other purposes related to the purpose and objective of the conservation area. (2) There shall be paid into a conservation area fund (a) any sum contributed by private individuals, foundations, corporations and international bodies; (b) any sums appropriated by Government; (c) any other sums. (3) Any conservation area fund established under this section Ibe subject to the accounting provision of section 34. 28. (1) The Director of Forestry shall, in consultation with the Crownlands bailiff identify and review all leases of Crown land in a conservationarea. (2) The Director of Forestry shall report to the Minister from lime to time, on any Crown land lease that he determines to be incom jl3.tiblewith the purposes and objectives of the conservation area with ommendations on each lease for its amendment or termination. (3) The Minister shall amend, where feasible, any lease of Crownland in a conservation area to make them compatible with the ses of the conservation area, or shall terminate those Crown land s identified by the Director of Forestry if they are determined by . to be incompatible with the purposes of the conservation area. 29. The Minister shall regularly offer programmes of technical istanceand training in proper land use, management and conservation 10 ownersor occupiers of private land and leaseholders of Crown land aconservation area. 30. Any person who within a conservation area (a) pollutes any river or stream with live stock activity, gar bage, chemicals or other waste; (b) takes out of a river or stream bed or bank any sand, gravel, shale, boulders or other natural material except at those sites designated for that purpose; Crown tand in leases in conserva tion areas Technical assis tance and training programmes Special offences and penalties in conservation areas No. 47 216 Forest Resource Conservation 1992 Power to make regulations (c) undercuts or causes the erosion of a slope 0 as tocaUl/ a landslide; (d) violates the term of a Crown land lease; (e) violates the terms of a conservation plan or a planprepared specifically for a parcel ofland within a conservationarea; (f) violates any conservation regulation or rule issuedunder this Part; (g) destroys any tree or vegetation without the writtenauthor· ity of the Director of Forestry; (h) engages in the production of charcoal; (i) undertakes other activities that would be in violation01 this Act; commits an offence and shall be liable on summary conviction toafine not exceeding five thousand dollars or a term of irnprisonment m exceeding one year or to both such fine and imprisonment and, when the offence is a continuing one, to a further fine of two hundred dollan for each day during which such offence continues, such time torun from the date of conviction. 31. (1) The Minister may, upon the recommendation of tI-t Director of Forestry, make regulations for any specific conservatia area or for conservation areas generally in order to ensure thattI-t purpose and objectives of the area are accomplished. (2) Without prejudice to the generality of the foregoing,tI-t Minister may make regulations to (a) regulate or prohibit the cutting of trees and other vegeta tion generally, or of certain species of trees; (b) regulate or prohibit the clearing or excavation of landfa cultivation, construction or other purposes; (c) regulate or prohibit the pasturing or straying of livestock; (d) regulate or prohibit the setting of fires; (e) regulate or prohibit the use of chemical or organic com pounds used for agricultural or other purposes; (f) control soil erosion and sedimentation, and as a means for such control to establish standards and land classifica tion systems to guide land use on erosion prone areas; 217 No. 47 Forest Recource Conservation 1992 (g) manage and protect water resources, watersheds, and streambanks, streams and rivers for clean and reliable water or hydroelectric production and establish standards for that purpose where appropiate; (h) establish funds for a specific conservation area and pro cedures for their administration; (i) establish procedures for operation of local conservation councils; (j) establish criteria and conditions for leasing of Crown land located in a conservation area; (k) accomplish any other purpose related to this Part. PART VI -- FORESTRY DEVELOPMENT FUND 32. There shall be established a Forestry Development Fund to be usedfor (a) expenses related to reforestation; (b) purcha e of private lands for forest reserves and other protected areas; (c) loans and grants to owners and tenants of land for tree planting and forest management; (d) water and soil conservation measures; (e) public recreation and nature conservation; (f) any other purposes specified in this Act. 33. There shall be paid into the Forestry Development Fund (a) any sums contributed by private individuals, foundations, corporations and international bodies; (b) any sums appropriated by Government; (c) any other sums. 34. (I) The Director of Forestry shall administer the Forestry Development Fund and shall keep proper accounts and other records in respectof the operations of the Fund and shall cause to be prepared a statementof accounts of the fund in respect of each financial year. (2) The Minister shall cause the accounts of the Fund to be auditedannually by the Director of Audit. Establishment of Forestry Develop ment Fund Moneys paid into the fund Accounts and Audits No. 47 218 Forest Resource Conservation 1992 PART VB CROWN LAND FIRE PREVENTION AND CONTROL Fire control on 35. (1) The Director of Forestry shall be responsible for the Crown lands prevention and control of fires on Crown lands. (2) All persons shall exercise due care when lighting fires on or adjacent to crown lands. Orders respecting Fires Fire permits Reporting fires 36. The Minister may, by Order published in the Gazette (a) regulate the setting of fires on Crown lands and areas adjacent to Crown lands; (b) specify the time of the year when fire may be set to any land; (c) impose any other restrictions on the use of fire. 37. (I) Any person who desires to set fire to Crown lands shall apply to the Director of Forestry or other authorized officer for a permit and shall provide a description of the locality of such land and the purpose of such fire. (2) The Director of Forestry shall inspect such area or cause it to be inspected by an authorized officer and may, after such inspection has been made and if satisfied that the setting of such a fire serves the management objectives of the area, issue a permit to set fire to such area or any part thereof subject to any appropriate conditions. 38. The Director of Forestry shall deliver copies of all fire permits issued under this section to the Police Department. PART VIII -- LICENCES AND PERMITS 39. The Minister may, in writing authorize the Director of Forestry to issue licences and permits for (a) the harvesting of forest produce; (b) the control of chain-saws and milling equipment; (c) visitors; (d) any other purposes consistent with this Act. Terms of licences 40. (1) A licence or permit issued under this Act or Regulations and permits shall be Authority to issue licences and per mits (a) subject to such conditions and procedures, including management conditions; (b) subject to payment of such fees; 219 No. 47 Forest Resource. Conservation 1992 (c) valid for such period of time, not exceeding two years, asmay be stated therein or prescribed by regulations. 41. (I) Any person aggrieved by the refusal of the Director of Forestryto issue a licence or permit under this Part may, within twenty onedays of the receipt of notification of that decision, appeal against it to the Minister. (2) Any appeal in respect of the decision of the Director of Forestryshall be submitted to the Minister in writing and a copy of the appealshall be delivered to the Director of Forestry at the time that the appealis delivered to the Minister. (3) The decision of the Minister on any appeal brought under thissection shall be in writing and shall be final. PART IX -- POWER OF OFFICERS 42. The Minister may designate any government officer or other person,by notice published in the Gazette, as an authorized officer for thepurposes of this Act. 43. (1) Where any person commits, attempts to commit or is suspectedof committing an offence against this Act, an authorized officermay (a) demand that the person cease from committing the offence; and (b) require the person to give his name and place of residence. (2) An authorized officer may arrest a person without a warrantand deliver him to the nearest police station if that person (a) refuses to give his name and place of residence; or (b) refuses to cease committing the offence; or (c) is suspected of giving a false name or place of residence. 44. Any person acting in breach of section 43 commits an offence againstthis Act and is liable on summary conviction to a fine not exceedingtwo thousand dollars or to a term of imprisonment .of not morethan six months or to both such fine and imprisonment. 45. No action shall be brought against any forest officer or other authorizedofficer in respect of anything done or omitted to be done by himin good faith in the execution or purported execution of his powers andduties under this Act. 46. The police shall assist forest officers in arresting offenders underthis Act. Appeal on denial of Licences and Permits Designation of au thorized officers Power of arrest Penalty Indeminity Assistance from police No. 47 220 Forest Resource Conservation 1992 Power to inspect and seize Power to collect information and prosecute Power to prosecute Compounding of fences 47. (1) If any authorized officer finds any person trespassing on a forest reserve without reasonable cause or has grounds for suspecting that any person has committed an offence against this Act he may (a) stop and earch such person and any vehicle, boat or other conveyance in the possession of such person or in which such person happens to be and open and search any baggage or other thing in such person's possession; (b) enter and search any temporary shelter or land in the occupation of such person; (c) under the authority of a warrant issued by a Magistrate, enter and search any building in the occupation of any such per on; (d) seize any tools, chain-saws and milling equipment, vehicles, boats or other equipment and any forest produce, livestock or minerals which he may reasonably suspect to have been used or acquired by such person in connec tion with an offence against this Act. (2) Any article so seized shall be disposed of in accordance with section 55 of this Act. An authorized officer may inspect timber plantations, harvesting operations andsaw mills; (b) collect information concerning the scope, extent and nature of forestry operations; 48. (I) (a) (c) obtain information with regard to production and saleof timber and forest produce; and (d) obtain such other information as is required for the purposes of this Act. 49. An authorized officer may (a) prosecute an offender against this Act before a Magistrate; (b) arrest and deliver an offender to the police for prosecution. 50. (I) The Director of Forestry may compound any offence under this Act or any regulation made under this Act other than an offence under section 52, if he is satisfied that evidence is available that would reasonably support the bringing of a prosecution against that No. 47 Forest Resource Conservation 1992 221 person for that offence, by accepting on behalf of the Government from the person alleged to have committed the offence a urn not exceeding themaximum fine specified for that offence, plu all reasonable expenses theGovernment may have incurred in the seizure, storage, maintenance or removal of any article seized in connection with the offence. (2) On compounding an offence under this section, the Direc torof Forestry may order the relea e of any article seized under this Act on such conditions, including the payment of such additional sums of moneynot exceeding the value of the articles seized, as he may think fit. (3) In any proceeding brought against a person in respect of analleged offence under this Act or any regulation made under this Act, it shall be a defence if such person proves that the offence with which he is charged has been compounded under this section. PART X -- MISCELLANEOUS 51. (I) Any person who in a fore t reserve or in contravention of Offences a co-operative forest agreement (a) fells. cuts, girdle. , mark .taps, uproots, bums or remove any timber or other forest produce, or trip off the bark or leaves from or otherwise damages any tree or other vegetation; (b) clears, cultivates or breaks up any land for cultivation or for any other purpose; (c) pastures livestock or permits livestock to trespass; (d) damages, alters or removes any notice or boundary marker; (e) erects any building or shelter; commits an offence and is liable on summary conviction to a fine not exceedingfive thousand dollars or to a term of imprisonment not exceeding oneyear or to both such fine and imprisonment. (2) Nothing in this section shall be construed to prohibit any actperformed under the authority of a permit, licence, lease or agreement underthisAct or by a forest officer in the performance of his offical duties. 52. Any person who assaults, hinders, obstructs, or incites another Obstruction of toassault, hinder, obstruct, or resist a forest officer or other authorised forest officers officerin the execution of his duties under this Act commits an offence No. 47 222 Forest Resource Con ervation 1992 Repeat offenders Compensation Forfeiture Impoundment and is liable on summary conviction to a fine not exceeding ten thou and dollars or to a term of imprisonment not exceeding two years or to both such fine and imprisonment. 53. Any person who, within five years of a previous conviction under this Act, is convicted of a sub equent offence against this Act hall be liable to twice the fine or two times the term of imprisonment or to both the fine and term of imprisonment prescribed for that offence. 54. When any person is convicted of felling, cutting. removing. girdling, marking, lopping, tapping, or bleeding a tree or timber or other forest produce, or injuring timber or other forest produce by fire or otherwise, the court may, in addition to any other penalties impo ed, order that the person pay compensation in a sum not exceeding the market value as determined by the Director of Forestry for each tree or logof timber or other forest produce in respect of which the offence was corn mitted. 55. Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order that the property or any part thereof be (a) restored to the person who appears to the court to be entitled thereto, and if he be the person charged, that it be restored either to him or to such other person as he may direct; (b) applied to the payment of any fine or any costs of compen sation directed to be paid by the person charged; (c) be forfeited to the Crown, and be used or disposed of as the Director of Forestry sees fit. 56. (1) Forest officers may impound livestock trespassing in forest reserves or in contravention- of a co-operative forest agreement or the rules for a conservation area. (2) Forest officers, having previously given notice of trespass by livestock to the owner, where the livestock are trespassing on forest reserves, co-operative forests or conservation areas may (a) impound such livestock; .b) sell such livestock (i) if unclaimed by the owner or other person in charge within seven days of notice; (ii) if the owner or other person in charge fails or refuses to pay the required fee. 223 No. 47 Forest Resource Conservation 1992 (3) The proceeds of a sale under ub ection (2) (b) hall be d to pay the required fee and to defray any expenses incurred in connectionwith the care of the animal and the balance (if any) shall be paidto the owner if known. (4) If the owner fail to claim the balan e within one month ofthe sale of the animal the amount shall be paid to the Trea ury and may be claimed by the owner of the animal within six months from the dateof such payment but not thereafter. (5) Where every effort has been made to secure or impound any livestock without success the authorized officer may destroy such animaland no compensation shall be payable in any event. 57. The Mini ter may make regulation generally for the carrying Power to make out of the purpo e of this Act and for the pre ervation, management regulations anddevelopment of forests and wildlife, and without prejudice to the generalityof the foregoing, may make regulations providing for (a) the management and administration of fore t reserves, protected forests and conservation areas; (b) the grant of licences and permits for the exploitation and taking of timber and other forest produce and the terms and conditions applicable to those licences and permits; (c) the making of reports and returns by the holders of licences and permits and the fees; (d) the importation and registration of chain-saws and milling equipment and parts thereof; (e) the setting offees and royalties for licences and permits; (f) the felling, collection, removal and transport of timber and other forest produce; (g) the seizure and impoundment of livestock on Crown lands; (h) the lighting and use of fires; (i) recreational use of forest reserves and co-operative forests; (j) the preservation of lands of particular ecological or scien tific interest; No. 47 Forest Re ource Conservation 1992 224 Repeals (k) the pre ervation of wildlife species and wildlife habitat; (I) the payment of rewards to persons who provide informs tion leading to the arrest and conviction of violators; (m) the imposition of penalties for a violation of the regulations or rules issued under the Act. 58. The Forests Act (No. 25 of 1945) is repealed. SCHEDULE (Section 10) Forest Reserves 1. King's Hill Forest Reserve -- The area on and around King', Hill as shown on Plan G35 prepared from a survey conductedin June 1912 and deposited in the Chief Surveyor's office. 2. Cumberland Forest Reserve -- The area in the Cumberland watershed which is: east of the surveyed line shown on the drawings Nos. P197, P204, P205, and P206; north of the ridge called Belleisle and Johnson Peak, which is marked by trigonometrcal station Nos. 1586, :2031, 2694; west of the central ridge of St. Vincent which is marked by trigonometrical station No. 3350; south of the ridge called fiddlewood and Jack Hill and marked by trigonometrical station Nos. 2520 and 1362. 3. Tobago Cays National Park -- The Islands of the Tobago Cays, namely: Jamesby, Baradal, Petit Rameau, Petit Bateau, and Petit Tabac. Passed in the House of Assembly this 16th day of April, 1992 J. THERESA ADAMS Clerk of the House of Assembly Printed by the Government Printer at the Government Printing Office Kingstown, St. Vincent and the Grenadines. 1992 [ Price $8.80 I