CAP. 213, FORESTS ACT BELIZE
FORESTS ACT CHAPTER 213
REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
FORESTS ACT 6 Amendments in force as at 31st December, 2000.
BELIZE
FORESTS ACT CHAPTER 213
REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
FORESTS ACT 6 Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer,
3
CHAPTER 213
FORESTS
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART II
Forest Reserves
3. Power to declare forest reserves.
4. No right acquired over forest reserve except as provided.
5. Regulations for the protection of forest produce.
6. House of Representatives may prescribe royalty.
PART III
Administration
7. Royalty.
8. Regulations for transport of forest produce.
9. Application of provisions of Act to private lands.
10. Arrest without warrant of persons suspected of offence.
11. Powers of forest officers.
12. Application of the Cattle Trespass Act to cattle trespass in contravention of this Act.
13. Validity of certain leases, licences and permits not affected by failure to register.
14. Recovery of money due to the Government.
15. Recovery of sums due under bonds.
16. Disposal of forest produce.
17. Regulations under sections 5 and 9 subject to negative resolution.
PART IV
Penalties 18. Penalties.
19. Unlawful possession of forest produce.
20. Penalty for counterfeiting, defacing or removing marks, etc.
21. Court may assess and order payment of damages.
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PART V
Legal Procedure
22. Forest offences punishable on summary conviction.
23. Informations.
24. Search and seizure of forest produce.
25. Presumption of ownership.
26. Questions of title.
27. Saving of other powers.
28. Civil remedy preserved.
29. Award of portion of fine to informant.
PART VI
Forest Roads
30. Scheduled truck passes.
31. Minister may declare new forest road.
32. Appropriation of cultivated lands.
33. Responsibility of Chief Forest Officer.
34. Power of Chief Forest Officer in relation to forest roads.
35. Obstruction of officers.
36. Damage to forest roads.
37. Regulations for forest roads.
CHAPTER 213
FORESTS
[1st January, 1927] PART I
Preliminary
1. This Act may be cited as the Forests Act.
2. In this Act, unless the context otherwise requires:
“national lands” means all lands, including cayes and parts thereof not already located or granted and also includes any lands which have been, or may hereafter become, escheated to, leased by, or otherwise acquired by the Government;
“forest offence” means any contravention of the provisions of this Act or of any regulations made under this Act;
“forest officer” means any person appointed by or under the control of the Governor-General to be Chief Forest Officer, or by the Public Services Commission to be a principal forest officer, conservation officer, forester, forest ranger, or forest guard, or to discharge any function of a forest officer
Ch. 115, R.L., 1958. CAP. 176, R.E. 1980-1990. 40 of 1963. 4 of 1973. 15 of 1973. S.I. 16 of 1965. S.I. 18 of 1965. Short title.
Interpretation.
S.I. 16 of 1965. S.I. 18 of 1965. 4 of 1973.
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under this Act or under any regulations made under this Act;
“forest produce” includes-
(a) timber, lumber, firewood, charcoal, bark, extracts of bark;
(b) chicle, rubber and other latex, gums, resins, turpentine spices, tanstuffs, dyestuffs, drugs, leaves, fibres, thatching material derived from wild-growing trees or plants;
(c) trees, plants, dead or alive, and all parts and produce of such trees and plants, grasses;
(d) wild animals, dead or alive, products of wild animals such as skins, shells, tusks, horns, bones, silk, cocoons, shellac, honey, wax, and all other parts and produce of wild animals;
(e) the following when found in or brought from a forest reserve; soil, peat, rock, sand, coral and such products of mines and quarries as the Minister may from time to time declare to be forest produce;
“forest road” means any road or thoroughfare which may be declared by the Minister under this Act, and includes all bridges, ferries, drains, dams, embankments, causeways, fences and ditches belonging or appertaining to a forest road, and such land adjoining any forest road as may be reserved for its protection by Order of the Minister;
“private lands” means all lands including cayes or parts thereof owned by or leased to any company or private individual:
Provided that the terms of the lease do not reserve to the Government any rights in respect of forest produce in the lands so leased;
40 of 1963.
“river” includes streams, canals, creeks, reservoirs, lakes, ponds, and other channels natural and artificial;
“scheduled truck pass” means any truck pass, logging trail, cartway, bridle track or pathway which may be declared by the Minister under section 30 to be a scheduled truck pass and includes all bridges, ferries, drains, dams, embankments, causeways, fences and ditches belonging or appertaining to a scheduled truck pass and also such land adjoining a scheduled truck pass as may be reserved for its protection by Order of the Minister;
“timber” or “lumber” includes trees when they have fallen or have been felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not;
“trees” includes shrubs, bushes, palms, bamboos, creepers, canes, stumps, seedlings, saplings and coppice shoots;
“wild animals” means animals of the kinds listed in the four Schedules to the Wild Life Protection Act
PART II
Forest Reserves
3. Where the Minister is satisfied, after such inquiry as may be necessary, that any part of the national land should become a forest reserve, and that such rights and privileges of private persons as may exist in respect of such land have been satisfactorily defined and recorded, he may by Order declare the land to be a forest reserve and may from time to time alter, vary or revoke such Order.
4. No right whatever shall be acquired in or over a forest reserve except by succession or under a grant, lease or contract in writing made by or on behalf of the Minister or of some person in whom such right was vested at the
4 of 1973. CAP. 220.
Power to declare forest reserves.
No right acquired over forest reserve except as
40 of 1973.
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time of declaration of such forest reserve.
5.-(1) The Minister may from time to time make regulations, either of general application or confined to particular forest reserves or other areas of national land, or of private land to which it has been decided to apply any of the provisions of this Act in accordance with section 9 for the protection of trees and forest produce being in or upon such reserve or other area, and in particular may prohibit any person as regards such reserve or other area from-
(a) felling, girdling, lopping, tapping, burning, injuring or removing any trees;
(b) squatting, residing, building huts or cattle enclosures;
(c) setting fire to any grass or undergrowth, or kindling or carry- ing any fire, or leaving any fire burning in such manner as to endanger trees or forest produce;
(d) grazing or pasturing cattle, or permitting cattle to trespass;
(e) hunting, shooting, fishing, trapping, poisoning water or using explosives to destroy fish, clearing, cultivating or breaking up of land for cultivation or other purposes;
(f) clearing, cultivating or breaking up of land for cultivation or other purposes;
(g) quarrying stone, burning lime or charcoal or collecting, manufacturing or removing any forest produce,
except at such seasons and upon such terms and conditions and upon payment of such fees and royalties as may from time to time be prescribed.
(2) Nothing in any regulations made under subsection (1) shall be construed
Regulations for the protection of forest produce
provided. 40 of 1963.
to prohibit any act done in exercise of any right recognised and recorded in respect of a forest reserve, or with the permission in writing of the Chief Forest Officer or of any forest officer empowered to grant such permission.
(3) (a) Notwithstanding anything in this or any other Act, the Minister may by Order-
(i) prohibit export or import of, and any dealings in, wild animals or products of wild animals, plants and spices;
(ii) prescribe fees, royalty, duty of any kind, for exporting or importing of, and dealings in, wild animals and products of wild animals, plants and spices and require payment of the fees, royalty, duty, so prescribed;
(iii) revoke, suspend, increase or reduce fees, royalty, duty, prescribed.
(b) The Order made under paragraph (a) may prescribe penalties for contravention of any provision thereof.
6.-(1) Notwithstanding anything in this or any other Act, the House of Representatives may by resolution prescribe and require payment of royalty, at the rates specified in the resolution, in respect of trees to be felled on private lands, and may by resolution increase, reduce, abolish or otherwise alter the royalty prescribed:
Provided that no royalty shall be payable where the parcel of land from which the trees are to be felled does not exceed 100 acres.
(2) Whenever any resolution requiring payment of royalty, or increasing, reducing or abolishing existing royalties has been passed by the House of
House of Representatives may prescribe royalty. 4 of 1973.
4 of 1973.
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Representatives such royalties shall, unless it be otherwise expressed in the resolution and subject to subsection (4), from and after the passing thereof, be payable to and recoverable by the Government.
(3) A Bill to validate any such resolution shall be introduced into the National Assembly as soon as possible, and not later than at the meeting of the National Assembly which takes place next, after the passing of the resolution.
(4) In case no Bill is introduced into the National Assembly as provided by subsection (3) or on withdrawal or rejection by the National Assembly of the Bill introduced, or in case the Bill otherwise fails to become law, every such resolution shall cease to have effect.
(5) In the event of the resolution ceasing to have effect-
(a) a refund of any new royalty or of the increase of the existing royalties under the resolution shall be made to the person who has paid it; and
(b) where the resolution has effected a reduction or abolition of the royalty, the amount by which the royalty was reduced or the royalty was payable before the abolition shall, as the case may be, become payable to and recoverable by the Govern- ment.
7. Royalty shall be paid in respect of trees listed in the first column of the Schedule which are felled on private lands at the rates specified in the third or fourth column, as the case may be.
PART III
Administration
8. The Minister may from time to time make regulations to regulate-
Royalty. Schedule. 15 of 1973.
Rules for transport of
(a) the transport by land or water of any forest produce, includ- ing the floating of timber in the rivers of Belize;
(b) the construction and maintenance of log booms or other devices for catching logs or timber;
(c) the collection of drift, stranded and unmarked timber, or timber that is not under the control of any person,
and may direct that any regulations made under this section shall or shall not apply to any specified class of forest produce or to any specified local area:
Provided that, except in so far as may be prescribed by any regulations made under this section, no person shall be liable for any loss or damage occasioned by stoppage or obstruction of the fair way for boats on any river due to the construction or maintenance by him, in accordance with any regulations made under this section, of any boom or other device for catching logs or timber, if he can prove such stoppage or obstruction to have been due to circumstances beyond his control and that he used all possible diligence in removing the cause of such stoppage or such obstruction.
9. The Minister may by Order apply any of the provisions of this Act or of any regulations made thereunder to any area or tract of private land and may from time to time vary, alter or revoke such Order.
10.-(1) Any forest or police officer may, without warrant, arrest any person reasonably suspected of having been concerned in any forest offence, if the suspected person refuses to give his name and residence, or gives a name and residence which there is reason to believe is false, or if there is reason to believe he will abscond.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person so arrested before the nearest
Application of provisions of Act to private lands. 40 of 1963. 4 of 1973.
Arrest without warrant of persons suspected of offence.
forest produce. 40 of 1963.
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magistrate.
11.-(1) The Minister may from time to time by Order empower a forest officer by name, or as holding an office-
(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest offence, other than an offence specified in section 20, a sum of money which shall in no case exceed two hundred dollars, by way of compensation for the offence which such person is suspected to have committed;
(b) to seize any forest produce in respect of which there is reason to believe that a forest offence has been committed. A report of such seizure shall be made without avoidable delay to the magistrate;
(c) to release any forest produce seized under paragraph (b) or under section 24 either on payment of the value thereof as estimated by such officer, or on the execution by the owner thereof of a bond for the production of the property so released, if and when so required before the magistrate or, if the offence is compoundable under paragraph (a), before an officer empowered under that paragraph to accept compensation;
(d) to have the powers of a justice of the peace to release any person arrested under section 10 upon such person entering into recognisance;
(e) to enter upon any land for the purpose of topographical survey or forest reconnaissance, but
(i) notice shall be given not less than seven days prior to such entry either by publication in the Gazette or by
Powers of forest officers. 40 of 1963.
written intimation to the owner of such lands; and
(ii) no action shall lie against any forest officer so authorised in respect of anything done bona fide in connection with such survey or reconnaissance on the land of any person;
(f) to hold an inquiry into forest offences and, in the course of such inquiry, to receive and record evidence.
(2) Nothing contained in paragraph (e) shall debar the lawful claim of any person for compensation for any damage actually sustained.
(3) Any evidence recorded under paragraph (f) shall be admissible in any subsequent trial before a magistrate if, and only if, it has been taken in the presence of the accused person.
(4) Nothing contained in this Act shall be construed to prevent any forest officer empowered under paragraph (a) to compound forest offences, or any other officer empowered in this behalf by the Minister, from directing at any time the immediate release of any property seized under paragraph (b) if such release is ordered before the property is made an exhibit in the magistrate’s court, and the withdrawal of any charge made in respect of such property.
12. Cattle trespassing in or upon any land in contravention of any rules or regulations made under this Act shall be deemed to have been found in a prohibited area for the purposes of section 6 of the Cattle Trespass Act.
13. Notwithstanding anything contained in the General Registry Act, no lease for a period not exceeding three years or licence or permit issued under this Act shall be invalid or non-effective by reason of such lease or licence or permit not being lodged for record in the General Registry.
40 of 1963.
Application of the Cattle Trespass Act to cattle trespass in contravention of this Act. CAP. 208. Validity of certain leases, licences and permits not affected by failure to register. CAP. 327.
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14. All moneys payable to the Government under this Act or under any regulations made under this Act or on account of the price of any forest produce may, if not paid when due, be recovered-
(a) upon summary conviction on the complaint of the Chief Forest Officer or any person authorised by him in writing in that behalf; or
(b) by civil proceedings by the Government in any court of competent jurisdiction; or
(c) by such procedure as may be laid down in any Act for the recovery of arrears of revenue payable to the Government.
15. When any person, in accordance with any provision of this Act or in compliance with any regulations made under this Act binds himself by any bond or instrument to perform any duty or act, or to abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, in case of such breach and notwithstanding any enactment to the contrary, be recovered from him or from his surety or sureties.
16. Any forest produce forfeited under this Act shall be sold or otherwise disposed of as the Minister may, by general or special order, direct.
17. All regulations made by the Minister under sections 5 and 9 shall be subject to negative resolution.
PART IV
Penalties
18.-(1) The Minister may fix such penalties for the breach or non-observance of any regulations made under this Act, and for the aiding of any breach or non-
Recovery of sums due under bonds.
Disposal of forest produce.
Regulations subject to negative resolution.
Penalties.
Recovery of money due to the Government.
observance of any regulation made under this Act, as he may think proper not exceeding a fine of one thousand dollars or imprisonment not exceeding twelve months, or both such fine and term of imprisonment.
(2) Where no penalty is imposed by the regulations, the breach or non- observance or the aiding of the breach or non-observance of any regulation shall be punishable to the extent specified in subsection (1).
(3) The court may in addition, order the forfeiture of any licence granted under this Act or under any regulations made thereunder and of any forest produce in respect of which a forest offence has been committed.
19. Any person who receives or is found in possession of any forest produce with respect to which a forest offence has recently been committed shall, unless he can account for such possession or can show that he came by such produce innocently and without knowledge of the offence, be guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding six months, or to both such fine and term of imprisonment, and the forest produce shall be liable to forfeiture.
20. Any person who commits, or aids any person who commits any of the following offences, shall be liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding twelve months, or to both such fine and term of imprisonment-
(a) counterfeits upon any tree or forest produce any mark used under the authority of this Act to indicate that such tree or produce is the property of the Government or of some person, or that it may be lawfully cut or removed;
(b) counterfeits or issues without due authority, any licence, permit or pass for the cutting, removal or sale of trees or forest produce;
Penalty for counterfeiting, defacing or removing marks, etc.
Unlawful possession of forest produce.
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(c) alters, obliterates, or defaces any stamp, mark, sign, licence, permit or pass used or issued by the Forest Department or under the authority of this Act;
(d) alters, moves, destroys or defaces any boundary mark of any forest or any land to which the provisions of this Act are applied.
21.-(1) When any offender has been convicted of a forest offence the court may in addition to any other penalty assess the amount of any damage which may have been caused by such offender and cause it to be recovered in like manner as if it were a fine or in the case of unauthorised establishments, buildings, enclosures, huts or standing crops on national land may order their removal within such period as may be fixed and the restoration of the places as nearly as possible to their previous condition.
(2) Where such removal has not been effected within the period fixed as mentioned in subsection (1), all such establishments, buildings, enclosures, huts or standing crops shall become the property of the Government and may be disposed of by the Chief Forest Officer, with the approval of the Minister, in such manner as may be considered proper.
(3) Where the person convicted of the offence committed it as the agent or servant of another person, the court before which he is convicted may, unless after hearing that other person it is satisfied that the offence was not a consequence of his instigation or of any neglect or default on his part, order him, instead of the person who committed the offence, to pay the amount of damage assessed in accordance with subsection (1).
PART V
Legal Procedure
22. All forest offences shall be punishable on summary conviction on
S.I. 16 of 1963. 40 of 1963.
Forest offences punishable on
Court may assess and order payment of damages.
information which may be laid by the Chief Forest Officer or any person authorised by him in writing.
23. All informations for penalties incurred under this Act shall be laid within two years after the offence has been committed.
24. Whenever any forest officer or police officer has a reasonable suspicion that any person is guilty of a forest offence, or is in possession of any forest produce in respect of which a forest offence has been committed, he may search such person or any baggage, parcel, conveyance, tent, or building under the control of such person or his agent or servant, and if the forest officer or police officer finds any forest produce, he may, if he has reason to believe that a forest offence has been committed in respect thereof, seize such forest produce and take it before a magistrate to be dealt with according to law.
25. When in any proceedings under this Act, a question arises as to whether any tree or forest produce is the property of the Government, or whether any land is national land such tree or forest produce shall be presumed to be the property of the Government, and such land shall be deemed to be national land until the contrary is proved.
26. Where in any proceedings under this Act any question arises as to the title to any private land in respect of which any such proceedings are taken, the court or officer having jurisdiction to entertain and adjudicate upon any such proceedings shall, for the purposes of the proceedings, have jurisdiction to try and determine any such question of title; but the judgment or decision of such court or officer shall not be received as evidence of title or pleaded in bar in any civil suit or proceeding in which the title to the land may be put in issue.
27. Nothing in this Act shall be construed to prevent any person from being prosecuted under any other law for any act or omission which constitutes a forest offence, or from being liable under such other law to any higher punishment or penalty than that provided by this Act, except that no person shall be punished twice for the same offence.
Presumption of ownership.
Questions of title.
Saving of other powers.
Search and seizure of forest produce.
summary conviction.
Information.
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28. Nothing contained in this Act shall take away or interfere with the right of the Government or of any person to sue for and recover at common law or otherwise compensation for or in respect of damage or injury caused by a forest offence.
29. The court may award any amount not exceeding one-half of the fine imposed for a forest offence to the person who supplied such information as led to the conviction of an offender.
PART VI
Forest Roads
30.-(1) Where the Chief Forest Officer is of the opinion that the only practicable route for the haulage or extraction of timber or other forest produce from any forest to a public road, a forest road or a waterway is over land in private ownership or occupation, he may apply to the Minister to declare a scheduled truck pass over such land:
Provided that-
(a) the Chief Forest Officer shall cause notice of the terms of his intended application to be published in the Gazette at least four weeks before it is submitted to the Minister and shall serve a copy of the notice upon the owner or occupier of the land affected;
(b) the Chief Forest Officer shall submit to the Minister, together with such application, any objections that may have been made in respect thereof.
(2) Upon receipt of such application and any objections thereto the Minister may, if he considers it expedient, by Order declare the route specified in such Order and such adjoining land as may be reserved for its protection to be a
Civil remedy preserved.
Award of portion of fine to informant.
Scheduled truck passes. S.I. 16 of 1965. 40 of 1963.
scheduled truck pass.
(3) Any person other than the owner thereof who desires to use a scheduled truck pass shall apply to the Chief Forest Officer for a licence to do so.
(4) The Chief Forest Officer may grant a licence to any person upon payment of an annual fee not exceeding one hundred dollars, and the Chief Forest Officer shall pay the fee to the owner of the scheduled truck pass.
(5) Such licence shall entitle the licensee, his workmen, servants and agents to use the scheduled truck pass for the passage of his vehicles, logging trucks, tractors, logging equipment, stores, timber and forest produce extracted by him.
(6) A licensee shall compensate the owner of a scheduled truck pass for any forest produce destroyed or removed by the licensee in making a new scheduled truck pass or in widening, enlarging or diverting any existing scheduled truck pass. The amount of such compensation, in the absence of agreement, shall be assessed by the Chief Forest Officer at current royalty rates and may be recovered from the licensee by the owner in any court of competent jurisdiction.
(7) Any person who hinders or obstructs a licensee in the use of a scheduled truck pass commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars.
(8) Any Order made under this section may, on the application of the Chief Forest Officer, be cancelled by the Minister.
31.-(1) Upon application by the Chief Forest Officer, the Minister may Order-
(a) that any new forest road be opened, and in the Order declare such road to be a forest road for the purposes of this Act;
S.I. 16 of 1965.
40 of 1963.
Minister may declare new forest road.
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(b) that any existing road shall be a forest road; and
(c) that any forest road may be widened and enlarged in any manner that he may think fit.
(2) Whenever upon the application of the Chief Forest Officer it appears to the Minister that, having regard to the limited use made of any forest road, the closing thereof without the provision of any other course will not result in serious hardship or inconvenience to the public, he may Order that such road be closed, without ordering that any other road be substituted therefor.
32. All lands not built upon or cultivated which may be required for the purposes of opening any new forest road or for diverting, turning, widening or enlarging any existing forest road or any existing road which has been declared to be a forest road in the execution of any such Order of the Minister as provided for in section 31 may be absolutely taken and appropriated without tender or payment by way of compensation and shall vest in the Government without any formal transfer thereof:
Provided that-
(a) notice of the terms of the application of the Chief Forest Officer as mentioned in section 31 (1) shall be inserted in the Gazette at least four weeks previously to the date of the Order of the Minister;
(b) where a forest road is closed by Order of the Minister any land required for the purposes of such road and which is vested in the Government under this section shall revert to the person from whom it was appropriated.
33. Forest roads shall be under the control and direction of the Chief Forest Officer and he may delegate to any officer all or any of the powers conferred on him under this Act.
40 of 1963.
Appropriation of cultivated lands.
40 of 1963.
Responsibility of Chief Forest Officer. S.I. 16 of 1965.
34. All the powers conferred upon the Chief Engineer in respect of public roads under the Public Roads Act as amended from time to time, are hereby conferred upon the Chief Forest Officer in respect of forest roads.
35. Any person who resists, obstructs, hinders or molests any person acting under the authority of this Act in the discharge of any duty or the performance of any act which he is authorised or required to perform by this Act commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars.
36.-(1) Whoever without proper authority-
(a) destroys, pulls up, defaces, breaks or injures any milestone, milepost, lamp-post, direction-post, notice board or any bridge, arch, wall, dam, drain, sluice, lock or embankment, abutment, mound, prop, post, lamp, railing, chain or fence belonging to any forest road or put up at or near any pit opened or used for getting road materials;
(b) removes any fence, post, stone, log or other thing laid or erected by the authority of the Chief Forest Officer, on or in any forest road for the temporary prevention of the use thereof or for preventing danger or injury to persons passing along it;
(c) gathers or heaps up or takes away any stones, gravel, sand or other material, or any dirt, drift or soil from any forest road;
(d) makes or causes to be made any dam, ditch, drain or watercourse upon or across, or shall otherwise break up or injure the surface of any forest road,
Power of Chief Forest Officer in relation to forest roads. CAP. 232.
Obstruction of officers.
Damage to forest roads.
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is liable on summary conviction to a fine not exceeding five hundred dollars, and in addition to the payment of the costs occasioned by the damage done or by the removal of the obstruction.
(2) Whoever-
(a) obstructs or causes to be obstructed the passage of water from a forest road or from any ditch or drain leading therefrom;
(b) being the owner or occupier of any land adjacent or contiguous to a forest road permits any water, filth or other matter or thing to flow from such land into or upon the said forest road or suffers any accumulation of dirt or rubbish from his land to impede the flow of the water in any ditch or drain on such forest road;
(c) hauls or draws upon any forest road any timber, stone or other thing otherwise than upon wheeled carriages, or suffers any timber, stone or other thing which is carried principally upon wheeled carriages to drag or trail upon such forest road to the damage thereof,
is liable on summary conviction to a fine not exceeding five hundred dollars and in addition to the payment of the costs occasioned by the damage done or by the removal of the obstruction.
37. The Minister may make regulations-
(a) fixing the size and type of vehicle which may be used on any forest road;
(b) regulating the traffic on forest roads and for the general good use and government thereof;
Regulations for forest roads.
(c) for the general control, use, management, survey, construc- tion and repair of all forest roads and the prevention of ob- struction thereto with power to impose, levy and collect from any persons using such road such dues, tolls and fees as may be decided upon or deputing to the Chief Forest Officer the power so to do.
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SCHEDULE
[Section 7]
Rates of Royalty
Alternative rate per
Local Name of Botanical Name Rate cubic foot the tree per (true
tree cylindrical volume
under bark) (1) (2) (3) (4)
$ c
Mahogany ................. Swietenia macrophylla ........................ 30 Cedar ....................... Cedrela mexicana ................................ 30 Banak ....................... Virola Koschyni ............... 4 ............. 6 Mayflower ................ Tabebuia Pentaphylla ....... 5 ............. 15 Pine .......................... Pinus caribaea ................. 4 ............. 10 Podo (Cypress) ........ Podocarpus guatemalensis .. 4 ............. 8
Santa Maria .............. Calophyllum brasilliense var rekoi ............................ 4 ............... 6
Tubroos .................... Enterolobium cyclocarpum ...................... 4 ............... 6
Yemeri (San Juan) ..... Vochysia Hondurensis ....... 4 ............... 6 Barba Jolote ............. Acacia, & Pithecolobium .. 4 .............. 6
spp. Cabbage Bark .......... Lonchocarpus castilloi ...... 4 ............... 6
15 of 1973.
Alternative rate per
Local Name of Botanical Name Rate cubic foot the tree per (true cylindrical
tree volume under bark)
(1) (2) (3) (4)
$ c Carbon ............ Tetragastris stevensonii .... 4 ......................... 6 Chicle Macho ... Achras chicle .................. 4 ......................... 6 (dead trees only)
Cramantee ........ Guarea excelsa ............... 4 ......................... 6 Nargusta .......... Terminalia amazonia ....... 4 ......................... 6 (Bullywood) Salmwood ....... Cordia allidora ............... 3 ......................... 6
Sapodilla ......... Achras zapota ................ 4 ......................... 6 (dead trees only) Tamarind ......... Acacia & Pithecolobium .. 4 ......................... 6
spp. Timbersweet .... Nectandra, Ocotea &
Phoebe spp. ................... 4 ......................... 6 Billy Webb ...... Sweetia Panamensia ....... 3 ......................... 6 Bullet Tree ...... Bucida Buceras .............. 3 ......................... 6 Ceiba (Cotton ... Ceiba octidentalis ........... 4 ......................... 6 Tree) Cortez .............. Tabebuia chrysantha ....... 4 ......................... 6
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27
Alternative rate per
Local Name of Botanical Rate cubic foot the tree Name per (true
tree cylindrical volume
under bark) (1) (2) (3) (4)
$ c Ironwood ................ Dialium guianense ......... 4 ......................... 6 Prickly Yellow ......... Danthoxylum spp. ........ 2 ......................... 6 Waika Chew- ......... Sumphonia .................. 2 ......................... 6 stick glubulifera Chechem (Black ..... Metapun browpei ........ 2 ......................... 6 Poison Wood) Mylady ................... Aspidosperma spp. ...... 1.00 _ Silion (Silly ............. Lucuma & Siderohylon ..1.00 _ Young) spp.
Granadilla .............. Platymiscium ................ .50 _ yucatanum
Mapola ................. Bernoullia flammea ....... .50 _ Bombax ellipticum
Negrito ................. Simaruba glauca ........... .50 ................... 6 Polak (Balsa) ........ Ochroma lagopus ......... .50 _ Provision tree ....... Pachira aquatica ........... .50 _ Quamwood ......... Schizolobium ................ .50 _
paraphybum Redwood ............ Mosquitixylum .............. .50 _ (Ridge) ............... jamaicense ................... .50 _ Madre Cacao ..... Gliricidia speium ........... .50 _
Alternative rate per
Local Name of Botanical Name Rate cubic foot the tree per (true
tree cylindrical volume
under bark) (1) (2) (3) (4)
$ c Mangrove ............... Rhizophora,
Laguncularia & Avicennia spp. ............. .40 _
Botan Palm ............ Sabal spp. ................... .20 _ Cabbage Palm ....... Roystonea oleraces ..... .20 _ Moho .................... Heliocarpus & ........... .20 _
Belotia spp. Mylady Poles ........ Aspidosperma
magalocarpon ............. .20 _ Rosewood ............ Dalbergia stevensonii ....8.00* _ Ziricote ................ Cordia Dodecandra ..... 8.00* _ Fustic .................. Chlorophora
tinctoria ....................... 8.00* _ Logwood ............ Haematoxylum
campechianum ............ 8.00* _ Palomulatto .......... Astronium graveolens ............................. 6
Rate per ton*
