Forestry Act

Link to law: http://laws.gov.ag/acts/chapters/cap-178.pdf
Published: 1941

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Forestry (CAP. 178 1

CHAPTER 178

THE FORESTRY ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

PART I

Forest Officers

3. Appointment of Forest Officers.
4. Chief Forest Officer.

PART I1

Prevention of Deforestation

5. Forest reserve.
6. Timber not to be cut or felled within forest reserve

without permit.
7. Existing forest areas not to be cleared.

PART I11

Reafforestation

8. Declaration that any estate shall be subject to Part 111.
9. Procedure.

10. Declaration of forest reserve.
11. Carrying out of scheme for reafforestation.
12. Payment to owner for carrying out scheme.

PART IV

Miscellaneous

13. Regulations.
14. Power of entry.
15. Assault, &c.

CAP. 178)

LAWS OF ANTIGUA AND BARBUDA

Forestry

16. Who may prosecute.
17. Remission of land tax.
18. Penalty.

LAWS OF ANTIGUA AND BARBUDA

Forestry (CAP. 178 3

FORESTRY

(17th June, 1941.) 711941.
17/1952.
1811989.

S.I. 39/1989.

1. This Act may be cited as the Forestry Act. Short title.

2. In this Act- Interpretation.
L L estate" means any plantation, property or land;

"Forest Officer" means any person appointed as such
by the Governor-General;

"forest reserve" means lands referred to in sections 5
and 10;

L L owner" includes lessee and the manager and attorney
of such owner;

"timber" means any kind of growing tree except
brushwood or trees growing on cultivated lands or
on cleared lands or pasture lands on any estate;

"Accountant-General" means the officer for the time
being performing the duties of Accountant-General
and includes any Government or Revenue Officer
duly authorised in writing by the Accountant-
General to act on his behalf.

PART I

FOREST OFFICERS

3. The Public Service Commission may appoint such t~z;b";;,a',:.f
persons to be Forest Officers as may be necessary for the
carrying out of the provisions of this Act.

4. For the purposes of this Act the Director of gcfer
Agriculture shall be Chief Forest Officer.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 178) Forestry

Forest reserve.

PART I1

PREVENTION O F DEFORESTATION

5 . Any land which at the date of the coming into force
of this Act or at any time thereafter shall be in forest shall
be deemed to be a forest reserve.

Timber not to be
cut or felled

6. (1) From and after the coming into force of this
within forest 4ct no person shall clear any land for cultivation, pasturage
reserve >r other purpose, or cut, Ibp or fell any timber; or burn
permit.

any wood or charcoal within any forest reserve without having
first obtained from the Chief Forest Officer a permit in writing
so to do granted in accordance with and subject to such con-
ditions as may be prescribed by regulations made by the
Minister as hereinafter provided.

(2) Any person who contravenes any of the provisions
of subsection (1) shall be guilty of an offence against this Act.

Existing forest
areas not to be 7. Any cultivation, cleared space or pasture land found
cleared. after the coming into force of this Act on any estate which

is proved to thesatisfaction of a District ~ a ~ i s t r a t e to have
been in forest at the time of the coming into force of this
Act or subsequent thereto, and in respect of which no permit
is produced, shall be deemed to have been cleared by the
owner thereof contrary to the provisions of this Act; and in
addition to any penalty which may be provided by this Act
the District Magistrate may in the case of any such cultivation
authorise the Chief Forest Officer to destroy the same and
in the case of such cleared space or pasture land prohibit
the cultivation or other use thereof.

PART I11

REAFFORESTATION

Declaration that
any estate shall

8. The Minister may by Order published in the Gazette
be subject to declare that any estate or part thereof shall be subject to the
Part III. provisions of this Part and in like manner revoke any such

declaration.

Procedure. 9. When any estate or part thereof has been declared
to be subject to the provisions of this Part the following pro-
cedure shall be observed-

LAWS OF ANTIGUA AND BARBUDA

Forestry (CAP. 178 5

(a) The Chief Forest Officer shall prepare a scheme
for the reafforestation of such estate, together with plans,
specifications, and estimates of the cost of such scheme
and shall forward the same to the Minister.

(6) Due notice for the period of one month that
such scheme together with such plans, specifications and
estimates as aforesaid have been forwarded to the
Minister and are open to inspection by the public shall
be given in the Gazette and at least one newspaper
circulating in Antigua and Barbuda and to the reputed
owner.

(6) Any person who considers that his interests will
be injured by the carrying out of such scheme shall
within such period of notice forward to the Minister
his objection in writing.

(d) After the expiration of such period of notice
such scheme together with the plans, specifications and
estimates, and the objections, if any, to the scheme shall
be forthwith submitted to the Minister.

(e) The Minister, after considering the scheme, and
any objections to it, and after hearing, should he deem
it necessary, all persons interested, may make such
orders as to him may seem fit, and may direct such
works to be executed as to him may seem expedient,
and the orders and directions of the Minister shall be
published in the Gazette and at least one newspaper cir-
culating within Antigua and Barbuda and notified to
the reputed owner and such orders and directions shall
be binding on all parties:

Provided that the Minister shall not without the
written consent of the owner make such orders or give
such directions in respect of any scheme for the reaf-
forestation of any land which at the time of the coming
into force of this Act is cultivated or cleared for cultiva-
tion or used as pasture land.

10. The Minister may by Order published in the Declaration of
forest reserve. Gazette declare that any estate or part thereof in respect of

which a proclamation pursuant to section 8 has been made
shall be a forest reserve.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 178) Forestry

Carrying out of
scheme for

1 . (1) Where the Minister has approved of any
reafforestation. scheme of reafforestation and has ordered or directed such

work as may be necessary in connection therewith to be
carried out and maintained on any estate, such work shall
be carried out and maintained by the Chief Forest Officer:

Provided that the owner of such estate may with the
consent and under the control and direction of the Chief
Forest Officer carry out such work.

(2) The cost of carrying out and maintaining any
scheme of reafforestation shall be a charge on the public funds
of Antigua and Barbuda.

Payment to
owner for

12. (1) Where the owner of any estate has carried
carrying out out any scheme of reafforestation and performed any work
scheme. rendered necessary in connection therewith, such owner shall

be entitled to receive and be paid by the Accountant-General
such sums in respect of each acre or part of an acre of his
estate so reafforested in accordance with the provisions of
this Act as the Chief Forest Officer shall fix and determine
and as the Chief Forest Officer shall certify to be in respect
of work carried out with the authority and to the satisfac-
tion of the Chief Forest Officer.

(2) If any owner shall be dissatisfied with the sum so
fixed and determined by the Chief Forest Officer he may
appeal to the Minister whose decision shall be final.

PART IV

MISCELLANEOUS

Regulations. 13. The Minister may make regulations for any of
the following purposes, that is to say-

(a) for the granting of permits under the provisions
of this Act;

(6) for the survey and demarcation of forest reserves
declared as such under the provisions of section 10;

(c) for the cutting, lopping and felling of timber
within a forest reserve;

(6) for regulating the management and control of
forest reserves;

LAWS OF ANTIGUA AND BAKBUL)A

Forestry (CAP. 178 7

( e ) generally for the better carrying out of the pro-
visions of this Act;

(j) prescribing penalties not exceeding a fine of five
hundred dollars for the breach of any regulations made
thereunder.

14. Any Forest Officer or any police officer or any Power of entry.
person appointed to perform duties pursuant to the provi-
sions of this Act may enter upon and pass or repass over
any land within Antigua and Barbuda as may be necessary
for the purpose of ascertaining whether the provisions of this
Act or of any regulations made thereunder have been com-
plied with or for any of the purposes of this Act.

15. Any person who shall assault, obstruct or hinder &C.
any Forest Officer, police officer or person aforesaid in the
execution of any duty imposed under the provisions of this
Act shall be guilty of an offence against this Act.

16. Any complaint in respect of any offence against who
prosecute.

this Act or any regulations made thereunder may be laid
or made by the Chief Forest Officer or by any person duly
authorised in writing in that behalf by the Chief Forest
Officer.

17. The Cabinet is hereby authorised to remit the Remission of
land tax.

land tax payable in respect of any land which is being
reafforested to the satisfaction of the Chief Forest Officer
under the provisions of this Act or otherwise for such period
as he may think fit.

18. Any person who is guilty of an offence against
this Act shall be liable on summary conviction to a fine not
exceeding one thousand dollars.