Forest (Control of Firewood, Timber and Forest Produce) Regulations, 2012 (S.I. No. 116 of 2012)

... Statutory Instrument 116 of 2012. [CAP. 19:05 Foresl (Control of Fi.rewocxi, Timber and Forest Produce) Regulations, 2012 ARRANGEMENT OF SECTIONS Section 1. Title and date of commencement 2. Interpretation. 3. Selling or trading in firewood or timber, or movement thereof to be licensed or permitted. 4. Seizure. 5. Licensing authdrities. 6. Application for a licence. 7. Conditions attaching toe ery licence. 8. lssuanc.e, duration, surrender and renewal of licences. 9. Suspension or cancellation of licences. 10. Amendment and replacement of licences. 11. Register of licences. 12. Whenflue-orflame-cured tobacco farme require lo belie.eased. J3. Notification required for intention to di pose of indigenous timber. 14. Application for forest produc,e movement or export permit. 15. Appro,•al of agreements by local authorities in terms of [Chapter 19:041 16. Appeals. 17. Offences and penaJLies. Frn~ SCHEDULE: Fees. SFCOND SCHEDULE: Prescribed forms. THTRD SCl-tEDUIE Prohibited species. IT i hereby notified that Lhe Minister of Environment and Natural Resources Management has, in tenns of sections 65 and 89of he Forest Act [Chap1er 19:05], made Lhe following regulations 727 Forest (Control of Fire\ ood, Timber and Forest Produce) Regulations, 2012 Title, dale of eommeneement and application. l. (l) These regulations may be cited as the Forest (Control of Firewood, Timber &nd Forcsl Prodncc) Regulation. , 2012. (2) These rcgulati.on shall come into operati non the 2nd of July, 2012. (3) Thei e regulation · do not apply to individuals who obtain firewood that is harvested from their bwn propeny or collected as deadwood or otherwise lawfuU obtained from a licensed firewood trader or the C mmission, e · clush1cly for personal and domestic purposes, that i to say, firewood for lighting, cooking and heating. buerpretal ion 2. (1) In lhese regulatioos "bulk timber'' means any consignment of timber in excess of 0,5 cubic metres; ''.commou lobaccm farm woodlot" means a tobacC0 farm woodlot managed in accordance wilhseclion 12· "fee" means a fee prescribed in the First Schedule; "firewood" mean · any material of ttce , bamboo or palm trees capable of use as fuel, and iocJud · charcoal; "firewO<KI plantation" means a plantation, whefher owned or mn.trolled privately orb the Com mi. ion, from which firewood may be obtained by a firewood trader; ''firewcxxl trader" means any person who is in the business of selling or trading in any material of trees, bamboo or palm trees exclusive!) <·>r predominantly for use as firewood; ''ti re wood trader's licence" means a firewood trader's lice nee issued in terms of section 8; "fixed date" means the date fixed under section 1(2) a the date of commencement of these regulati ns; "flue- or flame-cured tobacco" means tobacco cured by using heal energy from fire, steam or any 0Lhcr source; "t1ue- or !lame-curing firewood Licence" means a n.ue- or flame-curing Firewood licence is ued in terms of ·ection 6; 728 .. S.l. I 16 of2-012 · forest produce craftwork" means any forest produce to which \1alue has been iwded through non-industrial carving, \\'caving, processjng or finishing of an) kind using the wood, bark or timber from an indigenous tree or other part of such tree essential for i cs survival; "forest produce mm•emenL or export penni t" means a peanil referred to in section 3(l)(c); "foan" means a fom1 prescribed in the Second Schedule; "indigenous", in relation to any tree, timber, firewood or tree . pccics, means any tree or tree pedes (including indigenous palms and indigenous bamboos) and the timber or wood thereof, listed in the Forestry Commission Research Bulletin Number 9 of 1992 (Second Edition) ac; amended or updated from time 10 lime; "licence" means a firewood trader's I ice~ce, a timber trader' s Jicence or a flue~ or flame-curing firewood Hcence and "lrccnsee'' shall be construed accor:dingly; "licensing authority" means a licensing authotjty referred lo in section 5( 1); "licensing officer" means the officer appointed by a local aulhority in lean of section 5(2) lo be responsible for licensing firewood traders and limber traders; "material cnangei, or "mate.rial amendment' in connection wilh the delai Is furnished in~ application for a licence or in an application to amend a licence means (a) in the case of a corporate licensee means any change in or amendment of (i) the beneficial ownership of the company; or (i i) the name of a company; or (jji) the change in or amendment in the COlldi­ tions ubject ta which the licence i. issued that is expressly speci fled in the licence to be a material change; (b) in an other case means 729 . Forest (Control of Frrewood, Timber and Forest Produce) Regulations, 2012 (i) any change in oramendmenl of the conditions of a licence relating to the source of firewood or Limber; or (ii) any transfer of a licence to a person other than the person whose name appears on the appropriate licence; "owneroroccupierof private land'' includes, for the avoidance of doubt, a lessee, permit holder, offer letter holder or f any other person lawfully authorised lo occupy slate land for private use; "register oflicences" means a register of licences maintained by a licensing authority in terms of section 11; "seized items register" means a register of seized items maintained by a liceru ing authority in aGCCirdance with section4(5); "sen or trade in" includes (a) barter or exchange or hawk; or (b) expose, display or advertise for sale; or (c) keep, possess or expose for sale; or (d) offer or attempt t.o sell; or (e) sell by auction; ''timber plantation" means a plantation whether owned or controlled privately or by the Commission from which timber may~ obtained by a timber trader; "timber trader' means any person in the business of selling or trading in timber exclusively or predominantly for use otherwise than for firewood, and includes a person who uses timber for the purpose of carving it for profit; "timber trader's licence'' means a licence issued in teons of seolion 6; ''tobacco farm woodJot' means a piece of l~d on which a flue- or flame-oured tobacco fanner grows trees for use as firewood fo flue- or flame-curing; "quarter' in relation to a calendar year means any period of three months ending on 31st March, 30th June. 30th September or 31st December. 730 S.I. 116 of 2012 Selling or trading in.firewood or limber or movement thereof to be licensed or pennitled 3. (1) No person (a) shall sell or trade in any firewood except under the terms of a firewood trader's licence obtained in e ery district where he or she proposes to operate ( unless he or she obtains his or her firewood exclusively from any firewood pJantation in which event the person is only required to obtain a firewood trader's licence in the district wh ere the firewood plantation is located, or if there are two or more such plantations in two or more districts, in whichever district the- person chooses to obtain a licence); or (b) shall sell or trade in any timber except under the terms of a timber trader's Jicence obtaine.d in every district , here he or she proposes lo operate ( unless he or she obtains his or her timber exclusively from any timber plantation, in which e enl lhe person is only required to obtain a limber trader's licence in the district where the timber plantation is located or, if there~ two or more such plantations in two or more districts, in whichever dislrid the person chooses to obtain a licence); or ( c) who is a flue- or flame-cured tobacco fanner referred to in section 12(l)sball use or transport firewoodforflue­ or name-curing tobacco e ·cept under the terms of a flue- or flame-curing firewood l~cence obtained in the district where he or she grows that tobacco; or (d) shaJI , whether or not be or she is a licensed firewood trader or licensed timber trader {i) transport any single consignment of firewood or limber exceeding 0,5 cubic metres within Zimbabwe by any means; or (ii) export any single con!,Jignment of firewood or timber exceeding 0,5 cubic metres or any series of two or more consignme~ts lhal may exreed 0,5 cubic metres overa period of thirty (30) consecuti e days b) any means; 78] Forest (Control of firewood, Timber and Forest Produce) Regulations, 2012 excepl under the terms pf a forest produce mo ement or exl)Ort permit issued by a Distri0t Forest Extension Officer in Form FClA. (2) Any person who contravenes subsection (1) ball be guilty of an offence and liable to a fine not exceeding Jevel three or imprisonment for a period not exceeding one month or both such fine and such imprisonment. (3) In addition, any fire\.v.ood or timber being sold, traded or trans[X>rted or suspected of being sold, traded or transported in contravention of this section, shall be liable to seizure in accordance with section 4. (4) Any person who (a) on the fo,ed date, is selling or trading in firewood or timber (i) must apply [Qr the appropriate licence no later than the 2nd of August, 2012; and (ii) may continue to sell or trade in firewood or timber until his or her application is detennined under these reguJati0ns and, if he or she has lodged an appeal in connection with bis or her application in terms of section 16, until his or her appeal is detern1ined; (b) upon expiry of a firewood trader's licence or timber trader's licence, is selling or trading in firewood or timber, may continue to sell or trade in firewood or timber (i) between the date of expiry and the date on which he or she lodges his or her application for renewal of the licence (being a date no Jater than that allowed by section 8(6)); and (ii) after lodging his or her application for a licence until hi or her application is determined in terms of these regulati0ns and, ifhe or she has 1cxlged an appeal in connection with his or her application in terms of section 16, until his or her appeal is detennined; 732 ... .. ,,. ,. S.I. 116 of 2012 and such person shall not be charged with contraveningsub ection (1) ff he or she produces to a licensing officer, forest. officer or police officer a valid copy of form FC2 or a valid receipt showing payment of the appHcalion fee that was submitted together with Fonn FC2 or in the case of a lrader ref erred toin paragraph (b )(i) a \'alid copy of the previous licence. (5) Every flue- or flame-cured tobacco farmer who by virtue of section 12(1) is required to obtain a flue- or flame-curingfuewood licence, who (a) on the fixed date, is grmving flue- or flame-cured tobacco (i) shall apply to the appropfiate Licensing authority for a flue- or flame-curing firewood licence no later than the 2nd of August, 2012; and (ii) may continue to flue- or flame-cure his or her tobact:o using firewood until his ot' her application i determined under these regulations; (b) up0n expi I") ofa n ue- or flame-curing fire wood licence, may continue to use firewood for flue- or flame-curing his Oli her tobacco-. (i) between the date of expiry and tbe date on which he or be lodges his or her application forrenewal of the licence (being a date no later than that allowed by section 8(6)); an~ (ii) after lodging his or her app1ica1fon for a licence until his,or her applic;ation is determined in terms of these regulations and, if be or she has lodged an appeal in connection with his or her application in tei:ms of sectiot1 16, until his or her appeal is detennined, and such pers0n shall not be charged with contravening subsection ( 1) if be or she produce to a licensing officer, forest officer or police officer a va1 id copy of ForrnFCJ or a valid receipt showing payment of the application fee that was submitte<;i together~ itb Fonn FC3 or in the case of a flue- or flame-curing tobacco farmer referred to in paragraph (b)(i) a valid copy of the previous licence. 733 Forest (Control of Firewood, Timber and Forest .Produce) Regulations, 20,12 Seizure 4. (l) If a person is charged with contravening section 3(1), any forest officer, licensing officer (in the company of a forest officer or police officer) or police officer may seiz.e (a) any firewood or timber being sold, traded or transported in contravention of section 3(1); and (b) any vehicle or other equipment used in connection with the selling, Leading or transportation of firewood or timber in contravention of section 3(1); pending the outcome of the prosecution of the offence. (2) lf the person charged with contra.veni ng section 3( 1) is a flue- or name-cured tobacco f am:ier referred to in paragraph ( c) of that provision, a forest officer, licensing officer (in the company of a forest offi~ or police offk-er) or police officer may onJy seize (a) any firewood being used ortransported in contravention · of section 3( l); and (b) any vehicle that is found to be in thecourseof transporting lbe firewood in question. (3) WQere a vehicle or other equipment i seized under subsections ( 1) and (2), and the person from whom it i seized alleges that the vehicle or equipment used in connection with the offence concerned was availed to him or her by another person who owns the ,,ebide or equipment, the chicle or equi pmenL shall till be I iable to seizure upder this section wlles the owner proves to the satisfaction of a forest officer, licensing officer or police officer lhat he or she was unaware that the vehicle or equipment would be so used. (4) All items which have been seized under ubsectioos (1) and (2) shall (a) be raken forthwith and delivered to a place of security under the control of a forest officer, licensing officer or police officer; and (b) be held in custody al the owner's risk until (i) lheoriminal proceedings in connection with wbicb those items have been seized are abandoned or di sconti.nued or are concl oded otherwise than with 734 .. .. s.r. 116of 2012 the conviction of the accused, in which event the custodian forest officer, licensing officer or police officer shall forthwith restore such items Lo the person from whom they were seized or to whom they belong, as may be appropriate; or (ii) atany time before pleain thecriminal proceedings, the accused person acquires theappropriate]icence or permit and the charge is, with the leave of the Attorney General, withdrawn, in which event lhe custodian forest officer, licensing officer or police fticer shall forthwilh restore such items to the person from whom they were seized or to whom they belong, as may be appropriate; or (iii) !he criminal proceedings h.ave resulted in fb,e conviction of the accused person, in which event the convicting court may order any such items to be forfeited to the Stale or returned lo the accused pen.on, as it deems fit in the ci:rcums~. (5) Every licensing authority sh.all establish and maintain a register of items seized under thi section to be known as the seized items register, in which ·the licensing authority shall reoord the following (a) a description of seized items including, where necessary their quantity; and (b) thenameofthepersonfrom whom theywe,eseizedand the place at wbich they were seized and the reason for seizure; and (c) the date of sejzure; and (d) the manner of eventual disposal (whether returned to the person referred toin paragraph (b) or forfeited to the State). Licensing autlwrilies 5. (1) The follov,ring are licensing authorities for firewood traders and timber traders- · (a) the District Forest Extension Officer; or 735 Forest (Control of Firewood, Timber and Forest Produce) Regulations, 2012 (b) the Jjcensing officer appointed by a local authority in accordance with sub ection (2); of the district i a which the firewood trader or limber trader concerned operates r proposes to operate or as the case ma be the district in which lhe firewood trader or timber trader concerned operates his or her firewood'j>Jantatioa or timber plantation. (2) For the purposes of these regulations any Jocal authority may enter into an arrangement , ith the Commission (called a ' collection contract"), whereunderthelocal authority appoints one or more licensing officers who, iU receive, v ithin the area of jurisdiction of the local authority concerned, application for 1 icences on behalf of 1he Commission and carry oul the duties of a District Forest Extension Officer in connection with the i uance of licence (incluwng the c llectfon of fees thereof), in return for the retention by the local authority of not more than fifty per cet!lum f the proceeds of the f oo collected by it within it · area of jurisdiction. (3) Every collection contract must provide for the following, namely (a) that the Commission hall provide copies of all the forms needed by the local authority concerned; and (b) that the local authority concerned ball whenc er the Commission requires, oblige i licensing officers l submil to such training (al the CommissLon's cost) in connection with ll1e implementation of Urese regulation at such times and such enues as the Comrni sion shaJl advise in writing; (c) that the Jocal authority must at all reasonable times make available l designated officers of the Commission their books ofaccount, register oflicences, seized items regisler and such other documents orolher material lhal the Commission may reasonably require lo enable the Commission to monitor the proper execution of the collection agreement Application for licence 6. (1) Any person wishing to ell r trade in firewood or timber or an Oue- or name-cured tobacco farmer ho is required in term 736 • • ,.. • S.I. 116of2012 of section 12 to obtain a licence to use firew00d for nue- or name­ curing, must complete Form FC2or Form FC3 (as the case maybe) in lriplicate and submit two copies or it, together with the prescribed application fee (which i non-refundable), to (a) the Di trict Forest Extension Officer of the di lri.cl­ (i) \ hereheorsheproposeslosellortradeinfirewood or timber; or (ii) in which the firewood or timber plantation is located from which he or she e ·elusively obtains fire\ ood or timber for the purposes or his or her trade; or (iii) where the tobacco is grown in Lhe case of a flue- or flame-cured tobacco farmer; or (b) the licensing officer of the local authority wjthin whose area of jurisdiction (i) be or she proposes to ell or trade fo fuewood or timber; or (ii) the firewood or timber plantation is located from which be or she exclusively btain · firewood or limber for the pu~e of his or her trade; or (iii) , berethelobaccoisgrown in Lhecaseofallue-or flame-cured tobacco farmer; or (c) either the District Forest E tension Officer or the licen ing officer, where both uch licensing authorities exist in lhe district where he or she proposes to be licensed.in term · of paragraph (a) or (b). . (2) The licensing autbori l'J' shall, no later than 48 hours ( or if the application i -recei"ed on a Friday, not later than 96 hours) after receiving an application for a licence (a) satisfy himself or herscJf lhal F9rm FClor Form FC3 has been pr perl completed; and if so satisfied; (b) transmit n copy of the applicatj n 10 the Provincial Forest Ex ten ion O.fficer for the pro im:e in which the 737 Forest (Conttol of Firewood, Timber and Forest Produce) Regulations. 2012 district js Jocated, specifying whether lhe licensing authority recommends (i) approval of the application unconditionally; or (ii) approval of the appHcation subject to pecified cooditionS· or (iH) rejection of the applicatjon for specified reasons. (3) Subject to subsections (4) and (5). upon receipt of an application for a.licence, the Provincial Forest Extension Officer shall consider lheapplication within 30 days from the date indicated on the Form FC2 or Form FC3 a,; the date of appJicaLion and shall within that period, make a decision on the application by remitting to the licensing authority a copy of the application whereon it shall be indicated whether the- Provincial Forest Extension Officer (a) approves the c.1pplication wicondition~lly; or ,(b) approveslheapplicatioosubjecttospecifiedconditions; or (c) rejects Che application for specified reasons. (4) If wilhin the prescribed period lhe Provincial Forest Extension Officerfinds that the Form FC2 or Form FC3 has not been properly completed or he or she requires further information in eonnection with an application, he or she most remit a copy of the application back to the appropriate licensing authority to enable the licen,g ng authority to talce the remed.i al action or furnish the addi ti.onal information requested (in which event the 30 day period shall run from the date when lhe firewood licensing aulhorily retransmits the application back to the Provincial Forest Extension Officer having taken the remedial action or furnished the additional information requested). (5) If the Provincial Forest Ex:leosion Officer fails within the prescribed period co indicate to the licensing authority that he or he approves with or without conditions or rejects an appJication, lhe licensing authority conoemed shall be entitled to assume that lbe application bas been approved, withorwitboutoooditions, or rejected, in accordance with the recommendations made by the licensing authority under subsection (2)(b). (6) As soon as possibJe after a decision on an application i made, the licensing authority shall notify the applicant of the granting 738 • • • S.I. 116 of 2012 or rejection of the application for a licence by giving the applicant a copy of the application whereon it is indicated whether the application is granted or reject.ed and, if rejected the reasons for the rejecti o: Provided that where an appJicationis rejected or granted with conditions the lie.easing authority hall inform the applicant of hi or her right of appeal under section 15. (7) Every licensce (a) shall (other than a flue- or flame-curing firewood licensee) at every place \,•here he or he sells or trades in firewood or timber, display or ha\'e aYailable a copy of his or her licence; and (b) on demand by any person , 1Io produces proof lo lhe licensee that he or he is (i) a forest officer; or (ii) a police officer; or (iii) anyofficerofalocalauthorityaulhori edinwriting by such local authorily to inspect licences (where such local authority is a licensing aulherity t'or-Lhe area of jurisdiction in which the licenseeopcn1tes); produce to thal pe:~n a py of the .licence authorising him or her to sell or trade in Firewood or timberor to u e firewood for n ue- or tlame­ curing tobacco in I.he district or area concerned.: Provided that if the Jicence so produced is in the name of another person who transferred the licence lo the person hoJding it in accordance with an approval obtained pursuant to the proviso to section 7(1Xa), the person holding it shall. in addition to producing such licenre, also produce proof of such approval. (8) If in the opinion of a licensing authority, having examined an application in Form FC2, it is not cl.ear which of the operations of an applicant who proposes to sell or trade in both limber and firewood is predominant, theliceru ingautboritycanrequire the applicant to pay an additional application fee so that the applicant can receive both a firewood trader's licence and a timber trader's licence. Conditions attaching to every licence 7. (1) It hall be deemed to beaoondition f every licence that 739 Forest (Control of Firewood, Timber and Forest Produce) Regulati0ns, 2012 (a) no licensee, whether individual or oorporate, hall transfer his/her or its lieence to another person during the currency of the licence e ·cept with the prior written permission of the Jjcensing aulhority concerned: Provided that where such appro al is given the licensing authority concerned hall notamend thelicence or corresponding entry in the register of licence except on the date when the licence is next rene,; ed in . accordan~ with section 8; and (b) no liaensee \ ho is a timber trader er fire, ood trader shall operate outside the district or local authority area for which he or she i licensed, unless he or she is licensed to obtain his or her firewood or timber exclusively from any firewood or rimbeF plantation; and (c) no licensee shall sell or trade in firewood or timber or usefi rewoodfor flue- or name- curing which is obtained from any species.of trees specified in the.Third Schedule, unl~ such firewood or timber is harvested or collected as dead wood or is lawfully obtained from the Com~ion. (2)Any person who oontravenes subsection (1) shall be guilt) of an offence and liable to a fine not e ceeding level three or imprisonment for a period not exceeding 0ne month or ooth such fine and such imprisonment. (3) For the avoidance of doubt it is declared that the holding of a firewood trader's licence, a timber trader's licence or a flue- or name-curing firewood licence does not excuse such holder from obtaining a forest producemovemenl or export permit where he or she proposes to transport any timber or firewood consignment exceeding 0,5 cubic metres ~·ithln or outside Zimbabwe by any means. Issuance, duration, surrender and renewcJL of licences 8. ( 1) Every licence shall be valid for a period of a yea.TT or part of a yem-ending on 31st December of the year jn which I.he applicant recej ved the Jicence,-unless i ( is earlier surrendered to or cancelled by the licensing authority. 740 • .. ,. .. ,. S.1 ll6 of 2012 (2) If an application for a licence is uccessful (whelher approvedwi.th or without conditions by the Pro incial ForcstExtension Offi.cer r deemed to have been approved by him or her in tenns of seclion 6(5)), the licen ing authority s.halJ (a) infonn the applicant accordingly in accordance with section 6(6); and (b) issue lo the applicant a licence in Form FC4 (fire"ood trader'slicence)or .Fo.nnFCS(timbertrader'slicence), or Fonn FC6 (flue~ or flame-curing firewood licence) whichever is appropriate, upon payment by theapplicant of the prescribed i • uance fee· and (c) make an appropriate entry in lbe licensing register. (3) A person who makes an applicalion for a licence (a) in thefirstquarterofthe year,shall pay the full pre cribed issuance fee; or (b) in the second quarter of the year, shall pay three­ quarters of lhc prescribed issuance fee· r ( c) in the thi t:d q uruter or fourth quarter of the year, shall pay half of the prescribed issuance fee. (4) If a li.ccnsec (other than a firewood trader or Limber trader who i licensed co obtaitt his or her firewood or timber exclusively from any firewood or timber plantation) cease to operate a· uch in the district or area for which he .or she is licensed, he or she shall. within thirty-(30) da s of ceasing to operate as a firewood or timber trader, surrender his or her Fcenc.e to the licensing authority from whom he or she obtained iL (5) Any person who contravenes ubsectiori ( 4) hall be guilty of an offence and Hable to a fine not exceeding l.e el three or i.mprisonment for a period not exceeding oae month or both sucb fine and such imprisonmenL (6) Upon expiry of a licence, a li·censee may renew it by making an application theref orno later than thirty-one (31) days after thee piry or the existing licence by ·ubmitting (a) Form FC7, where there has been no material change in the detail of the application for the existing licence, together with the prescribed rene, al fee: 741 Forest (Control of Firewood, Timber and Forest Produce) Regulations, 2012 Provided that if in the opinion of the licensing authority circumstances in the district or local authority area require (hat new lerms or conditions be imposed on any licence or class of licen~, the licensing authority may require an applicantforrenewal tomakeanapplication for a new licence in Form FC2 or Form FC3; or (b) Form FC2 or Form FCJ, where there has been any material change ln the details supplie.d in or together with the original application for the existing licence together with the prescribed application fee for an original licence. (7) Upon receipt of an application for the renewal of a licence (a) in teans of subsection (6)(a), the licensing authority shall satisfy himself or herself that Fdrm FC7 has been properly complete.cl and that there has been no material change of the details of the existing licence, and if so satisfied. shall renew the licence by endorsing the existing licence accordingly; or (b) in terms of subsection (6)(b), tbe same procedure as is prescribed in section 6 for the issuance of an original licence shall apply. Suspension or cancellation of licences 9. (1) Subject to subsections (2) and (4), a licensing authority may at any time suspend (for a period notex:ceeding sixty (60) days) or cancel any licence if the licensing aulhori ty has reasonable greunds for believing tbat (a) the licence was issued in error or through fraud or misrepresentation or non-disclosure of a material fact by the licensee; or {b) the licensee has contravened any provis ion of the Act or these regulations or any eondi tion of bis or her licence; or (c) · the licensee has ceased the license.cl operations. (2) The licensing authority shall notify lhc licensee in writing of i ts intention to suspend or cancel his or her licence and the reasoni; 742 • .. .. S.L 116 of 2012 for doing so, and shall call upon the licensee to show cause, wi thln 14 days from the date of the notice,. why the licence should not be suspended or cance!Jed, as lhe case may be: Provided that if in the opinion of lhe licensing authority the licence needs to be immediately suspended or canceUedin the public interest or to avert an environmental emergency he or she can issue the notice requiring the licensee to show cause after suspending or canceUing the licence. (3) IJi, at the expiry of the period specified in the notice given in tenns of subsection (2), and after considering any representations made by the licensee, the licensing authority is satisfied for any reason specified in subsection (1) that the licence concerned should be suspended or cancelled, the l,icensing authority shall, by notice in writing to the licensee, su'>pend or cancel the I icenceor take such other action as rt considers appropriate. (4) The penalty of suspension is only available where there has been a contravention of any provision of the Act or these regulations or any condition of a licence which, in the opinion of the lrcensing authortty, is a contravention that can be easily or speedily remediated by the licensee: Provided lhat (a) if after the expiry of the period of suspension the licensee has nol taken the remedi aJ action, the licensing authority shall forthwith cancel the licence; or (b) on good cause shown by the licensee, the licensing authority may extend the suspension for a period not exceeding thirty (30) days lo allow the licensee to take the required remedial action. (5) The licensing authority shall immediately make an appropriate entry in th~ register of licences where he or she suspe,.nds orliftsaswpensionofanylicenceorcancelsitinaccordancewiththis section. Amendment and replacement of licences 10. ( l) A licensing authority may at any ti me amend a licence or any tenns or condilioos of a licence 743 F re l (Control of Firew00d, Timl:5er and Fore t Produce) Regulation , 2012 (a) to correct any rror in the licence; or (b)' if' lhe licensee requests the an!-endment; or (c} if lbe licensing aulhority c0n ider. lhe amendment neces ary to reflect lhe true nature of the licensed activities; or (d) iC for any other; reason the I icen:in" a uthorJ Ly com,iders the amendment.necessary ordesimble in the interests of lhe enYironmenl or-in lhe public inlere I. (2) The licensing aulhori t ' ·haU notify the lken. ee in writing of its in ien ti on tu amend al i cenc on a,ground referred to in subsection (l)(a), (c)or ~d) and hall call upon tbcliceru ee·to . htwr cause, within 14 days fr0rn the dare of the notice, why the Ikenee .-hould not be amended. · (3) Where a licensee rcqu sLs. an amcadmeal l0 his r her Ji tenee, he or she. hall make an appJicali<m to the Licea 'ing authority therefor in F-Ol,n FC8, together wilb the prescribed fee. (4) If in the l'>pjnio.n of the l'iccnsingauthoril) lbcamendment sought by thelicen ·ee i. a malei:inl amendment the licen.-ing aathorilJ . hall refer the applicaiion for Lbe amendment 10 the Provincial Fore.<.;t fa. tension Offiter anLI ·ecti<'m 6(2),(3),(4),(5) and(6) shall apply as ii' 1he application for the amendment i · an applit.,llion for a licence. (5)\.\ bcre a lii;cncc is h.,st or <leslr yed. the liceu ec ma) apply lo the appr<>prial liceo ing a11U10rily in Fom1 FC9, Logelher with lhe pr~u11ibed fee, forarep,lacement licence: Prm·idcd Ural if the licensee lind5 the lo~l licence he or she shall forthwith ' urr mJcr il t Lbe licensing authority. (6) Any person \\'hoc.:ouLraYcnes the prc.wiso tc.,.-ubscction (5) l'ohall be guilty (i)f an offence amJ liable to a line not exceeding leYcl three or imprisonmeal for u period nol excec<ling one month or both . u<:h line and .-uch impriS{ nmcnl. Register<?/ licences 11. ( l) Every licensine auth<,ri ty •hal t establish and maintain a regis ter of lieences to be known as a Firewood aml T im bcr Licensing Register, which -hi.Lil bedi,·ided into three pai'L., for lir .wood trader' , 744 • • S.l. l 16 of 2012 licences, timber trader' s licenc s and 11 uc- or Oame-c.:uri ng lirewood licences and in which the following ·hall be rcc.:orded (a) the name and address or e,·cry l iL~ni;eeand theaddre scs at which he or she sells or lmde.., in firewond or Limber 0r grows flue- or 11ame-c.:ured toba<iCo; and (b) the date f issue of every licence and of any renewal thereof; and (c) any special terms or conditions .::ubject tn which any licence is issued or renewed; and (d) the particulars of't any ·u ·pen:-;;ion or c.:ancella!ion or amendment or a licence. (2) Any person may (a) inspect the register or Ii<.: nc.:cs free of charge al all · reasonable limes.al Lhe premises of theJ icensing aulpori ty or at suc.:h other place that the liccn.-.ing authority may di.reel.; or Gb) obtain ~1pies <·)f or cxlrc1cts l'rom the Tcgistcr for a prcst.:ri bed fee. • (3) E,1ery licensing authority shall, at the request of the ProYinciaJ Fnre.-;t Extensi1m Officer for the pro\'in<.:e in which ii is luoite<l, make a mi I able a copy or i Is regi tcrof I icenc.:es or any exlrat.:t thereof' l'rcc if chuuge: Provided that in the case of rhe whole re iaistcr Lhc Prm·incial Forest Extcni"iion Officer shaJI not request more tban one copy per quarter of a calendar year. (4) E\·cry licensing authority shall keep and maintain the register in both material und cledrvnic form. \Vhen flue- orJlume-cured whucr-o funners require 10 he I ic·enseU 12. (I) Subject ln subsection (2) a lluc- or !lame-cured tobau.:o far.mer must apply for a nue- or llume-t.:uring li re xid licence', if he or she (a) docs not obwin firewood for flue- or lli.UllC-curingof tobact.:n !"mm a I iccnse<l fi re\\'OO<l trJ.Jcr; or 745 Forest (Control of Firewood, Timber and Forest Produce) Regulations, 2012 (b) does not grow a tobacco fann xvoodlot or doe,5 not use a common tobacro farm woooloJ maintained according to the specifications in this secti.on; or (c) does not exdur;i vely use c.Gal or fuel other than firewood to flue- or flame-cure bis or her tobacco. (2) A flue- or flame-cured tobacco farmer referred to in subse<::'tion ( 1) shall not be req I.Ji.red to obtain a flue- or flan.ie-cured tobacco ljcence if (a) heorsheestablishes a tobacco farm woodlot complying with the following specifi~ons (i) the woodlot must consist of a plantation of fast growing trees (that is, trees whose wood can be sustainably harvested for firewood in live to ten years .from the date of establishment of the woodlot); and (ii) the ,vood.101 must be planted over a period of five to seven consecutive years at a minimum rate of 0.3 hectares (550 to 850 trees at a spacing of 2 m x 2 m) for every one hectare of tobacco grown; and €b) the w~ot is either being han1ested or not less than five years of age and in comse for har.\resting witliin the next two yeats. (3) The fee payable for a flue- or flame-curing firewood licence shall (a) in thefo:st year in which a flue- orflame-cured tobacco farmer is licensed, be half the prescribed application and issuance fee payable by firewood or timber traders; and (b) in the second year in whicn a :flue-- or flame-c ured tQbacro farmer i Ii censed ( unless he or she i:;, no longer required to obtain such a licence by virtue of subsection (l)(a), (b)or(c))shall be thesameprescribcdapplication and issuance fee as payable b. firewood or timber traders· and (c) in the rhird year in ,vhich a flue- or flame-cured tobac-eo farmer is Licensed (unless heor she is oolongen-equired 746 SJ. 116 of 2012 to obtain such a licence by vfrtue of subsection (l)(a), (b)or(c))shall bcdoublethe prescri.bcdapplicationand i uancc fee as payable by firewood or limber tmders: Provided that ii", the flue- or flame-cured tobacco farmer satisfies the licensing authority that he or she has, nol less than two years before the date of the application, established a tobacco farm woodlot which i an on-going plantation at the date of the application then he or he will be required to pay the same application fee as fire·wood and timber traders. (d) in the fourth year in which a flue- or tlame-cured tobacco farmer is licensed (unless be or she is no longer required to obtain uch a Licence by virtue of subsection (l)(a), (b) or (c)) shall be quadruple the prescribed application and issuance fee ac; prescribed by firewood or timber traders: ProYided that if thefiue-orflame-cured tobacco farmer satjsfi.es the licen ·1 ng aulhori l)' that he or she has notless than two years before Lhe date of the application established a tobacco farm woodlot which i an on­ goi 11g plantation at U1e date 0[ the application then he or she will be required to pay the same application fee as fire,. ood trader and limber lrader. N0tifir.ation required for intention to dispose of indige,zous timber L3. ( l)lnaccordance with section 55of the Act, where an owner or occupierof prirnte land intends to dispose of indigenous limber, he orshe shaJI gh-e notice of such intention by completing Fonn FCU or a substantially s imilar form together with the prescribed fee and submitting i l lo the Commission through lhe DistrictFore lExtension Officer in the district where lhe privale land i located. (2) Where notice has been gi\'en in lerms of subseclion (1), the District Forest Extension Oflicer shall, no lalcr than fourteen working days after receiving the notice, in peel such private land and permit the culling or removing or the indigenol.C' tirn ber in queslion or refuse{ ubject tosubsecLion (3)) penni ssion for thecutting orremO\·aJ of the timber in question, on the grounds that 747 Forest (Control of Firewood, Timber and Pore.<;t Produce) Regulations, 2012 (a) such cutting or removal is restricted by a notice referred to in section 56(1) of tire Act or an order referred to in section 59( l) of the Act; or (b) . uch culling or remo\'aJ i in the opinion of the Distri.ct Forest Extension Officer likely to be the subject of (i) a notice referred to in section 56 (' Minister may gi.ve orders restricting cutting or removal of indigenous timber'') (1) of the Act because uch cutting or remO\·aJ is taking place or threatens to take place in uoh a manner or in uch quantity as to be likely to be injurious to the sustained yield of indigenous timber 0n that land; or (ii) an order referred to in section 59 (''Minister may giveorders in relation to cutting of timber") (l) of the Act because such cutting or removal will result A. in damage tQ the locality, climatic factors or soil erosion; or B. in interference with natural water courses or supplie.5; or C. in general detei-.omtion of the locality; or D. in interference with or the hindrance of the natuml regeneration of vegetation; or E. in agener-al sh0rtageof timber in thelocality. (3) IF the owner or occupier concerned makes a written undertaking to the satisfaction of theDistri.ct Forest Extension Officer to remedy or mi ti gate U1e damage, injury, deteriordtion or i nlerference lhat may result from the cutting orremm·aJ of tbe tree fo question, the District f<.)rest Extension Officer may pcrmi t ·uch cutting or remornl subject to compliance, iLh uch undertaking. (4)1f the District Fores t Extension Officer withholds permi sion for the cutting or removal of indigenous timber, the District Forest Extension Ort:icer hall notify lhe owner or occupier accordingly in Form FClO wherein he or she . ball giYe the reasons for withholding such penni ion: 748