Forest Act

Link to law: http://www.moj.gov.jm/laws/forest-act
Published: 1996-10-15

FOREST

THE FOREST ACT

ARRANGEMENT OF SECTIONS

1

PART I. Preliminwy

1. Short title.
2. Interpretation.

PART II, Forest Administration
3. Establishment of Forestry Department.
4. Functions of the Department

PART UI. Forest Management

5 . Declaration of forest reserve.
6. Purpose of forest reserve.
7. Declaration of forest management areas.
8. Forest management plans.
9. Compulsory acquisition of land for forest reserve.

10. Notice of proposed declaration of forest reserve.
11. Interim protection measures for forest reserves and management

12. Appointment of local forest management committees.
13. Functions of forest management committee.
14. Determination of allowable annual cut
15. Inventory and classification of forests and forest lands.
16. National Forest Management and Conservation plan.
11. Revision and approval of draft plan.
18. Pericdic review of plan.
19. Development of forests.
20.
21. Public education programme.
22. Forest research.

areas.

Recreational facilities in certain forests.

[The inclusioo of this p g e is autborired by L.N. 96: lS981

PART IV. Fores? Protecfion

23. Declaration of protected area.
24. Power of entry. etc.
25. Remission of property tax.
26. Acquisition of lose.

PARTV. Enforcerneni

27. Power of authorized oficers.
28. Licences and permits.
29. Power of inspection of land.
30. Prohibition on riming d trces in forest reserve.
31. Offencu.
32. Power of amst.
33. Seizure and forfeiture of m v e y m .

PART VI. General

34. Appeal Tribunal.
35. Appeal.
36. EEect of lodging an appeal.
37. Regulations.
38. Prosecution to bc commenced within twclve montha.

SCHEDULE

me inclusion of !i%a page h ' by LN. %1199a]

FOREST 3

THE FOREST ACT Art 17 or 19%.

[ISth October, 1996.1

PART 1. Prdiminary

shorl Iltl..

hm-

1. This Act may be cited as the Forest Act

2. In t h i s Act, unless the context otherwise requires-
“allowable annual cut” means a rate of timber harvest-

ing specified for an area of land;
“authorized officer” means a forest officer, a member

of the Jamaica Constabulary Force or any other
person designated as such by the Minista;

“cattle” includes horses, mules, asses, goats, sheep and
swine;

“Conservator” means the Conservator of Forests;
“Crown land” includes a11 waste or vacant land in the

Island vested in the Commissioner of Lands in
trust for the Government of Jamaica, and all land
leased by the Commissioner of Lands on behalf of
the Government of Jamaica as forest reserves;

“Forest Management and Conservation pIan” means
the national Forest Management and Conservation
plan prepared under section 16;

“forest management area” means any area of land de-
clared under this Act to be a forest management
area;

“forest officer” means the Conservator and any other
person appointed to be a forest officer;

“forest produce” includes-

me inclusion of this page is authorkd by LN. 961 19981

4 FOREST

(a) trees, plants. fauna, stones, sand and soil
existing in or taken from a forest reserve,
Crown land or forest management area; or

(b) all parts and produce of such trees and plants;
“forest reserve” means any area of land declared by

or under this Act to be a forest reserve;
“functions” includes duties and powers:
“private land” means land that is not Crown land;
“protected area” means any area of land declared by

the Minister pursuant to section 23 to be a pro-
tected area;

(a) trees, whether standing, fallen, living, dead,
limbed, bucked or peeled; and

(b) logs;
“tree” includes shrubs and bushes of all kinds, seedlings,

saplings and reshoots of all ages, and any part of
a tree.

“timber” means-

PART 11. Forest Administration

men: of 3.41) There is hereby established a department of
Farc5try Government to be called the Forestry Department, herein-

after referred to as the Department.
(2) For the due administration of the Department, the

Governor-General may appoint-
(a) a Conservator of Forests;
(b) such other officers and employees as may be neces-

sary for the efficient operation of the Department.
(3) On the application of a person who is engaged

in the establishent or conservation of a forest in a forest
management area or on land leased from the Commissioner
of Lands, the Conservator may, by instrument in writing,

Deportment.

- me inclusion of this page is authorized by LN. 96/1998]

FOREST

designate as a special forest officer, any person whom the
applicant wishes to exercise the powers of a forest officer
under this Act in relation to the applicant’s forest.

(4) A person who makes an application referred to
in subsection (3) may make a written request to the Con-
servator for revocation of the designation referred to in that
subsection.

(5) A special forest officer-
(a) may exercise the powers of an authorized officer

under sections 27 and 29 and any other powers
conferred on special forest officers by regulations
relating to forest management areas or lands leased
from the Commissioner of Lands;

Ib) shall not, by reason only of his designation as a
special forest officer, be subject to the control of
the Conservator or be entitled to receive any re-
muneration from the Government;

(c) shall cease to be a special forest officer when the
Conservator withdraws the designation, whether
or not upon a request made under subsection (4).

Functions
of the 4. The functions of the Department shall include-

(a) sustainable management of forests in Crown lands D e w m a t
or in forest reserves and the effective conservation
of those forests;

(b ) directing and controlling the exploitation, in a
rational manner, of forest resources by the intro-
duction of adequate systems for renewal of those
resources;

(c) preparing and implementing a national forest
management and conservation plan;

(4 promoting the development of forests on private
lands;

me inclusion of this page is aubhorizcd by L.N. 961 19981

6 FOREST

(e) promoting, estabIishing and maintaining a forest

(i) enhancing forest management and develop-
ment;

(ii) identifying and obtaining silvicultural data
to be used in improving financial yields of
species important to the national economy;

(iii) ensuring resorestation of suitable lands;
(f) establishing and promoting public education pro-

grammes to improve understanding of the contri-
bution of forests to national well-being and national
development;

(9) establishing and maintaining recreational facilities
in such forest conservation areas and forest man-
agement areas as may be designated for that pur-
pose;

(h) promoting agroforestry and social forestry pro-
grammes for the benefit of farmers, schools and
any other interested persons, or groups of persons;

(i) determining, with the approval of the Minister, fees
for licences or permits granted under this Act or
any services rendered by the Department;

(11 preparation of forest inventories and the demarca-
tion and maintenance of forest boundaries;

(k) control and supervision of the cutting, harvesting,
milling and sale of timber and other forest produce;

( I ) granting of licences and permits under this Act;
(m) compiling information and statistics concerning the

use of timber and other forest produce;
(n) protection and preservation of watersheds in forest

reserves, protected areas and forest management
areas;

research programme with a view to-

__ _____
p e inclusion of &is page is authorized by L N. 961 19981

FOREST

(0) developing programmes for proper soil conserva-
tion;

( p ) taking steps to enforce compliance with the pro-
visions of this Act; and for this purpose the Con-
servator and other forest officers shall have the
powers of a Constable under the Constabulary
Force Act,

(q) such other functions as may be assigned under this
Act or any other enactment.

PART 111. Forest Managemenf
5. Subject to section 10, the Minister may by order, sub- D eclaration

of fomt ject to ailinnative resolution, declare to be forest reserves- reyrvo.
(a) any Crown lands; or
(6) any private land if the owner thereof applies h

writing for such a declaration.

6 . 4 1 ) Forest reserves shall be used primarily for the :;z;Wof
following purposes- mSCIV0.

(a) the conservation of forests existing naturally in the
area of those forest reserves;

(6) the provision of land for the development of forest
resources, including the establishment of forest
plantations;

(c) the generation of forest products;
(6) the conservation of soil and water resources;
(e) the provision of parks and other recreational

amenities; and
v) the protection and conservation of endemic flora

and fauna.
(2) A lease of any parcel of land in a forest reserve

shall be regulated by the following conditions-

me ioclusion of &is page is authorized by LN. %/I9981

8 FOREST

(a) the land may only be used for purposes compatible
with subsection (1); and

(b) if the parcel of land includes any Crown lands, the
Commissioner of Lands shall not grant lease with-
out the approval in writing of the Conservator.

Declaralion 7 . 4 1 ) The Minister may, by order, declare to be forest
of forest management areas-

(a) any Crown lands not in a forest reserve;
( b ) any private lands, if he is satisfied that the use of

the land should be controlled for the protection of
the national interest.

(2) Forest management areas shall be used primarily
for the purposes specified in section 6 (1) in relation to forest
reserpes.

amS.

Forest

PlanS.

8.41) The Conservator shall, every five years, prepare
and submit to the Minister for his approval a forest man-
agement plan for each forest reserve and each forest
management area.

(2) Every forest management plan shall contain such
particulars and proposals as shall be prescribed in relation
to-

managemalt

(4 the land to which the plan relates;
(b) the forests and other natural resources on that land;
~ ( c ) the determination of an allowable annual cut and

the production of other forest products in relation
to the forests mentioned in paragraph (b);

(d) forest plantations proposed to be established and
other silvicultural practices to be carried out;

(e) a conservation and protection programme;
(f) portions of the land proposed to be leased, the pur-

poses for which the leased areas are to be used and
the terms and conditions of the lease;

lThe inclusion of this page is authorized by LN. 961 19981

FOREST

(g) the role of the Department and other government
agencies or statutory authorities in the implementa-
tion of the plan.

(3) Where the Minister has approved a forest man-
agement plan, the Director shall ensure that the forest
reserve and forest management area to which it relates are
managed in accordance with the plan.

9

9. Where, on the recommendation in writing of the Con- Compulsory acqu9slhon
servator, the Minister is satisfied that it is necessary to oflandfor

forcrt acquire any private land for the purposes of forest reserves, IssecW.
the Minister may proceed to acquire that land in the manner
prescribed in the Land Acquisition Act.

10 .41 ) The Minister shall, at least ninety days before E&zf
declaralion
of forest

the making of an order under section 5-
,(a) publish in the Gazette and in such other medium rmme.

as the Minister thinks fit, a notice of his intention
to make the order;

( b ) invite, in such manner as he thinks fit, comments
from members of the public in relation to the pro-
posed order.

(2) The Minister shall take into account any com-
ments received before making an order under section 5.

(3) Whenever the Minister proposes to amend or
revoke an order under section 5 he shall give public notice
of his intention and provide an opportunity for public com-
ment as mentioned in subsection (1) (b).

11 .41) The Minister may, in respect of a forest reserve Inlerimpm-
or a forest management area or proposed forest reserve or measursskor
forest managemnt area, provide such interim measures as
may, in his opinion, he necessary to protect such reserve or
management area or proposed reserve or management area. areas.

tection

man-
agement

[The inclusim of his page is aufhorized by L.N. 961 19981

10 FOREST

(2) Any measures provided for pursuant to this sec-
tion shall remain in force for no longer than six months.

Appointmat 12 .41) For the purposes of this Part the Minister may,
after consultation with the Conservator, appoint a forest

oommiltw. management committm for the whole or any part of a forest
reserve, forest management area or protected area.

(2) Whenever possible, each forest management com-
mittee shall include at least two members having local knowl-
edge of the area, or part thereof, in which the forest reserve,
forest management area or protected area is located.

13) The Conservator shall, from time to time, make
available to any forest management committee such
technical advice and assistance as may be necessary to assist
the committee in its functions.

of local
forest
management

13. The functions of a forest management committee shall

#(a) monitoring of the condition of natural resources in
the relevant forest reserve, forest management area
or protected area;

(6) holding of discussions, public meetings and like
activities relating to such natural resources;

(c) advising the Conservator on matters relating to the
development of the forest management plan and
the making of regulations;

(d) proposing incentives for conservation practices in
the area in which the relevant forest reserve, forest
management area or protected area is located;

(e) assisting in the design and execution of conserva-
tion projects in that area; and

(f) such other functions as may be provided by or
under this Act.

Funaions al
forest
mamagemeat ' oommittoc. include-

--__. __
me inclusion of this pigc is authorized by LN. %/I9981

FOREST 11

Datcmlh- 14.-(1) For the purpose of this Act and regulations made tianof
under section 37, the Conservator shall determine the allow-
able annual cut for-

(a) any forest reserve;
(b) any area within a forest reserve and shall designate

the boundaries of any area referred to in this para-
graph; or

(c) any forest management area.

(2 ) In determining an allowable annual cut under

(a) the rate of timber production that may be sustained
on the area of a forest reserve or any part of that
area, taking into account-

(i) the composition of the forest and its ex-
pected rate of growth;

(ii) the expected time that it will take the forest
to become re-established following denuda-
tion;

(iii) silvicultural treatments to be applied in the
area;

(iv) the standard of timber utilization and the
allowance for decay, waste and breakage
expected to be applied with respect to timber
harvesting;

(v) any other information that, in his opinion,
relates to the capacity of the area to pro-
duce timber;

( b ) the short and long term implications to Jamaica
of alternative rates of timber harvesting from the
area;

(c) the economic and social objectives of the Govern-
ment for the area, the general region and Jamaica;

(d) abnormal infestations in, devastations of, and major

subsection (1) the Conservator shall consider-

me inclusion of thip page is aulhorized by LN. 961 19981

12 FOREST

salvage programmes planned for, timber on the
area.

and I vcnlory

~ t i o f l o f
forests and
forest lands.

15.41) The Conservator shall develop and maintain an
inventory of forest and land suitable for the development
of forests in Jamaica.

(2) The Conservator shall make an assessment of
the land referred to in subsection (1) in order to determine
its potential for-

(a) growing trees continuously;
(b) the protection ad enhancement of water and soil

resources;
(c) providing forest oriented recreation;
(d) producing forage for livestock and wildlife;
(e) forest conservation purposes;
(f) maintaining and enhancing the biodiversity of

(g) accommodating other forest uses.
Jamaica's flora and fauna;

National

Forest Manage-
ment and
ConErvation
Plan.

16.41) Within two years of the 15th day of October,
1996, the Conservator shall prepare a draft national Forest
Management and Conservation plan.

(2) The draft plan shall contain-
(a) a statement of the forest resource management and

conservation policy;
(b) an inventory and description of forest lands;
(c) provision for the protection, conservation and pro-

duction of forest resources;
(6) proposals for the protection of watersheds, soil,

water, wildlife and other forest resources;
(e) an outline of the economic objectives for the sustain-

[The inclusion nf t h i s wgeisautborized byL.N. 9611998)

FOREST

able development of wood-based industries in
Jamaica;

(f) programmes for social forestry, community d e
velopment and forest related education;

(g) proposals for implementation of the plan.

(3) In preparing the draft plan, the Conservator
shall consult with such statutory authorities, government
departments or agencies and private conservation organiza-
tions as, in the opinion of the Conservator, may be relevant,
having regard to the contents of the draft plan.

(4) The draft plan shall, in such manner as the Con-
servator thinks appropriate, be made available for public
comment.

13

17.-(1) The Conservator may revise the draft plan in R ~ i 5 i m ~ ~ ~ approval of
such manner as he thinks fit, having regard to any comments draft plan.
received from members of the public.

including where relevant, any revisions made thereto, to
the Minister for his approval.

(3) Where the Minister is satisfied that the imple-
mentation of the draft plan is likely to be in the public
interest he shall approve it with or without modification and
shall cause the plan as so approved (hereinafter referred to
as the “Forest Plan”) to be laid on the Table of both Houses
of Parliament.

(2) The Conservator shall submit the draft plan,

18.-(1) The Conservator shall at intervals of not more periodic
than five years, review the provisions of the Forest plan and, :?$:,
if he thinks necessary, prepare amendments thereto.

(2) The provisions of subsections (3) and (4) of
-

F e inclusion of this page is authorized by LN. 961 19981

14 FOREST

section 16 and section 17 shall apply in relation to amend-
ments proposed under this section in like manner as they
apply to a draft plan.

Dcvciopment 19. It shall be the duty of the Conservator to develop and
implement programmes for the establishment of nurseries,
the provision of seedlings and other planting material, re-
afforestation and such other facilities as he considers neces-
sary for the establishment and maintenance of trees and
other forest crops.

of forests.

RsEational

certain

20.-(1) The Conservator may establish recreational f a d -
ities in such forest reserves or forest management areas as he
considers appropriate and such facilities may include-

facilities in

forcsta.

(U) parks;
(b) roads and trails;
(c) camp grounds;
(d) picnic sites;
(e) such Other facilities as the Conservator may deter-

mine.
(2) Regulations made under section 37 may prescribe

fees to be paid for the use of facilities provided pursuant to
subsection (1).

public
education

21. The Conservator may formulate and implement public
education programmes with a view to increasing public
awareness of the importance of forestry to the national
interest.

programme.

Forest 2 2 . 4 1 ) The Conservator may designate areas of land in
a forest reserve for the purpose of research with a view to-

(a) improving knowledge of Jamaica’s forests and trees;
(b) increasing the yields of forest crops;

research

p e idusion of this page is authorized by L.N. 96/1998]

FOREST 1s

(c) encouraging good forest practices.
(2) The Conservator shall prepare and submit to the

Minister an annual report of all activities and expenditure
relating to research undertaken or sponsored by the Depart-
ment.

PART IV. Forest Protection
23.-(1) The Minister may declare any Crown land to be D cclaratim

of vrdrecled
a protected area if it appears to him to be desirable for the arca.
following purposes-

,(U) protection against storms, winds, rolling stones,
floods and landslides;

(b) preservation of soil on the ridges and slopes and in
the valleys of hilly tracts;

(c) prevention of the formation of ravines and torrents;
(d) protection against erosion or deposits of sand,

stones or gravel;
(e) maintenance of water supply in springs, rivers,

canals and tanks;
(f, protection of roads, bridges, raiIways and other

lines of communication;
(g) protection against forest fire;
(h) preservation of public health;
( i ) protection of national amenities, flora and fauna.

(U) on the application of any owner of private Iand;
and

~(b) on the recommendation of the Conservator,
declare such land to be a protected area for the purposes
specified in subsection (1).

(3) The Minister may by regulations prohibit or
regulate in any protected area-

( U ) the breaking up or clearing of lands for cuItivation;

(2) The Minister may-

vhe inclusion of this page is authorized by L.N. 961 199SI

16 FOREST

(b) the depasturing of cattle; and
(c) the burning or clearing of vegetation.

(4) Where a declaration is made under subsection
(1) notice thereof shall be published in the Gazette and in
such other medium as the Minister thinks fit.

Power of 24. It shall be lawful for a forest officer or any person
authorized in writing by the Conservator, to enter upon-

(a) any lands in a protected area, forest reserve or
forest management area; or

(b) any lands which, in the opinion of the Conservator,
may need to be declared a protected area or forest
reserve or forest management area,

and to carry out surveys and inspect the same.

enlry, etc.

Remissionof 25. If, and for so long as, the owner of private land in a
protected area or forest management area declared forest
reserve complies with the regulations or directions under
this Act in relation to that land-

(a) he shall in each financial year, on application to
the Conservator, be granted a certificate to that
effect; and

,(b) be entitled to remission of property tax in respect
of that land in that financial year.

pr0per:y lax.

Acquisiliom 26.-(1) Where the owner of private land in a protected
area fails to comply with regulations or directions under this
Act relating to that land, the Conservator may assume con-
trol of the said land or lease from the owner for such term
as the Conservator may deem necessary to retain the land
under the Conservator’s control.

(2) If the owner of the land agrees to the grant of a
lease pursuant to subsection (U, the amount of annual rent

of leasc.

W e inclusion of this page is authorized by L.N. 961 19981

FOREST 17

to be reservcd and all other questions arising between the
owner (or persons claiming to be the owner) shall be deter-
mined by agreement between the Conservator and the owner.

(3) In default of an agreement pursuant to sub-
sections (1) and (2t, the Conservator may take steps to have
the land acquired for public purposes by the Government
in accordance with the Land Acquisition Act.

PART V. Enforcement
27.-(1) An authorized officer may at any reasonable ~ ~ ~ $ &

time- off1csrr.
(a) enter any premises within a forest reserve, protected

area or forest management area for the purpose of
ensuring compliance with this or any other enact-
ment pertaining to the protection of forests;

(b) enter any premises on which the authorized officer
has reasonable cause to believe that any unlawful
forest produce is stored or generated,

and shall, if required to do so by the person in charge of
the premises, produce to such person his authority for so
entering.

(2) Any person who assaults or obstructs an author-
ized officer acting in the execution of his duty under sub-
section (1) commits an offence and shall be liable on
summary conviction before a Resident Magistrate to a fine
not exceeding one hundred thousand dollars or to imprison-
ment for a term not exceeding tweIve months.

28. Subject to this Act and the regulations, the Con- Liccncciand
permits. servator may grant such licences and permits as may be

prescribed, in relation to the following-
(a) harvesting of timber on Crown lands;
(6) processing of timber and other forest products;

me inclusion of this page is authorized by L.N. 96119981

18 FOREST

(c) saIe of timber;
(d) sawmilling activities;
(e) removal of dead or damaged timber;
cf, research activities;
(g) recreational facilities established under section 20;
(h) any other purposes approved by the Conservator.

29.-(1) Subject to subsection (2), an authorized officer

(a) enter upon any land within a forest reserve, pro-
tected area or forest management area for the p ~ -
pose of-

(i) inspecting the condition of the land and of
any work which is being, or has been done
thereon;

(ii) ascertaining what plants are cultivated or
are most suitable to be cultivated on the
land and the conditions under which those
plants are or should be so cultivated;

(b ) on any such land as aforesaid take such angles,
bearings or measurements and such samples of the
soil as may be necessary for determining the pur-
pose for which the land may be used.

(2) A person shall not enter upon any private land

(0 ) except with the consent of the owner of the land; or
(b) unless he has given to the occupier not less than

three days notice of his intention to enter on the
land; or

(c) if the name or address of the occupier is not known
to and cannot reasonably be ascertained by him
and a period of not less than three days has elapsed
since he posted on or near to the land, a notice of
his intention to enter upon that land,

may at any reasonable time-

pursuant to subsection (1)-

Pomr of
inspection
of land.

FOREST 19

30.-(1) Subject to subsection (3), no person shall cut a
tree in a forest reserve unless he is the holder of a licence or trees in

(2) Any person who contravenes subsection (1)
commits an offence and is liable on summary conviction
before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or to imprisonment for a term
not exceeding two years or to both such h e and imprison-
ment.

(3) The provisions of this section shall not apply in
relation to private lands unless the owner of that land has
entered into a special agreement with the Conservator for
the application of that section to that land.

forest permit issued by the Conservator for that purpose. repern.

31.41) Subject to the provisions of subsection (3), any Off~en-
person who, in any forest reserve, protected area or forest
management area-

(a) fells, cuts, girdles, marks, lops, taps, uproots or
burns any tree, OT strips off the bark or leaves from
or otherwise damages any tree;

(b ) wilfully or by gross negligence causes any damage
in felling any tree 01 cutting or dragging any timber;

(c) kindles, keeps or carries any fire;
(d) without reasonable cause lights or throws down or

drops any match OT other lighted inflammable
material;

(e) clears, cultivates or breaks up any land for cultiva-
tion or for any other purpose;

(f l establishes or carries on any forest industry;
(g) carries any saw, axe, adze, auger or cutlass;
(h) removes soil, sand or gravel;
(1’ kills, wounds or captures any wild birds or animals,

shall be guilty of an offence and shall be liable on summary
CIhe inclusion of this page is authorized by LN. 96119981

20 FOREST

conviction before a Resident Magistrate to a fine not ex-
ceeding two hundred thousand dollars and in default of
payment to imprisonment for a term not exceeding two
years.

(2) Any person who, in any forest reserve, protected
area or forest management area-

(a) except in the circumstances mentioned in sub-
section (3 ) , erects any building or shelter, or re-
moves any forest produce, or carries a firearm;

,(b) knowingly counterfeits on any tree or timber, or
has in his possession any implement for counter-
feiting a mark used by forest officers to indicate
that any tree or timber is the property of Govern-
ment or of some person or may be lawfully felIed
or removed by some person;

(c) unlawfully or fraudulently affixes to any tree or
timber a mark used by forest officers;

(6) alters, defaces or obliterates any mark placed on
any tree or timber by or under the authority of a
forest officer;

(e) pastures cattle or permits cattle to trespass;
(fl damages, alters or removes any notice-board, land-

mark, wall, fence, ditch, embankment, hedge or
railing;

(g) assaults or obstructs a forest officer, a constable or
any other person acting in the execution of his
duty under this Act,

shall be guilty of an offence and shall he liable on summary
conviction before a Resident Magistrate to a. fine not exceed-
ing one hundred thousand dollars and in default of payment
to imprisonment for a term not exceeding twelve months.

(3) Nothing in this section shall he construed as pro-
hibiting or rendering punishable any act done-

_.
me inclusion of this page is authorized by L.N. 961 19981

FOREST

(a) in accordance with the permission in writing of the
Conservator or a forest officer; or

( b ) by or in accordance with the permission of the
owner or lessee of the land on which the act is
done; or

(c) pursuant to and in accordance with any licence or
permit granted under this Act.

21

32. Any forest officer or any constable may arrest without Powerof
arrest. a warrant any person who has committed, or attempted to

commit, or is reasonably suspected by that forest officer or
constable of having committed or attempted to commit, an
offence against this Act, if he has reasonable grounds for
believing that that person will abscond unless arrested or if
the name and address of that person are unknown to and
cannot reasonably be ascertained by him.

3 3 . 4 1 ) If any forest officer or any constable has reason-
able cause to suspect that any conveyance is being used or conw==.
has been used for the commission of an offence against this
Act, he may without a warrant search that conveyance and,
if the search reveals that the conveyance is being used or
has been used for the commission of an offence against this
Act seize and detain it.

(2) If any forest officer or any constable has reason-
able cause to suspect that an offence against this Act has
been committed in respect of any forest produce, he may
seize and detain that forest produce and any tools, ropes,
chains and cattle used or suspected to be used in committing
the offence.

(3) On the conviction of any person for an offence
against this Act, the court shall, upon the application of the
prosecution, order the forfeiture of any other conveyance,
- -~

p e indusion of this page is authorized by LN. 961 19981

22 FOREST

forest produce or any other thing seized pursuant to this
section, if the court is satisfied that-

(a) the person so convicted owns that conveyance or
other thing, or the owner thereof permitted it to
be used for the commission of the offence; or

(b) the circumstances are othenvise such that it is just
to order the forfeiture.

(4) If, upon the application of any person prejudiced
by an order made by the court under subsection (3), the
court is satisfied that it is just to revoke the order, the court
may revoke the order upon such terms and conditions (if
any) as it thinks fit.

(5) Any application to the court under subsection
(4) for the revocation of an order shall be made within three
months of the date of the order unless the court extends
that period (whether it has expired or not) upon being
satisfied by the applicant that, in the special circumstances
of the case, it was not reasonably practicable for him to
make the application within that period.

PART VI. General
34.41) There is hereby established an Appeal Tribunal

for the purposes of this Act and the provisions of the Sche-
dule shall have effect as to the constitution of the Tribunal
and otherwise in relation thereto.

(2) The Tribunal shall hear appeals made to it under
this Act and in respect to any such appeal the Tribunal may,
subject to this section, make such order as it thinks fit.

(3) Before determining an appeal the Tribunal shall
give the appellant, who may be represented by an attorney-
at-law or any other person, the opportunity of being heard
by the Tribunal.

Appci l

schedule.
1 r i h m a l .

(4) A decision of the Tribunal shall be final.

me inclusion of this page is authorized by LN. 961 19981

FOREST 23

3 5 4 1 ) An aggrieved person may appeal to the Tribunal A w l .
against a decision of the Conservator in relation to a permit
or licence and the appeal shall be made in writing within
twenty-eight days or within such further period as the Tri-
bunal may in any special circumstances allow.

(2) For the purpose of this section an aggrieved per-
son is a person-

(a) who has been refused a permit or licence or who
objects to the terms and conditions subject to which
a permit or licence is granted;

( b ) who is the holder of a licence or permit and who
objects to a decision of the Conservator in respect
of such permit or licence.

36. Where an appeal is made under section 35, the lodging
of the appeal shall not, unless the Tribunal otherwise directs, ampeal.
operate as a stay of execution of the decision which is the
subject matter of the appeal.

the proper carrying out of the provisions and purposes of
this Act, and in particular, but without prejudice to the
generality of the foregoing, may make regulations-

(a) providing for the grant of licences and permits for
the exploitation and taking of forest produce in
forest reserves and other Crown Iand, the terms
and conditions applicable to those licences and
permits, the making of reports and returns by the
holders of licences and permits and the fees and
royalties payable for licences and permits;

(b) prohibiting or regulating in forest reserves, pro-
tected areas and forest management areas the fell-
ing, collection, removal and transport of timber
and other forest produce;

(c) regulating the practice of forestry on lands in
forest management areas;

37.-(1) The Minister may make regulations generally for ~tguhtiom.

Fhe inclusion of thia page is authorizcd by LN. 96119981

24 FOREST

(d) providing for the marking of timber and the manu-
facture, use and possession of marking instruments;

(e) regulating the granting of leases of land in forest
reserves, the contents of leases and the cooditions
subject to which leases shall be granted;

(j) providing for the seizing and impounding of cattle
found trespassing in forest reserves, protected areas
and forest management areas;

(g) providing for the preservation of endemic or en-
dangered species of trees or trees remarkable for
size, variety or beauty whether on Crown Iand or
private land;

(A) providing for the recreational use of land in forest
reserves;

(i) providing that areas of land defined in the regula-
tions shall be treated as areas of particular eco-
logical or scientific interest and providing for the
conservation of those areas;

(13 prescribing any other matter or anything which
may be, or is required by this Act to be prescribed.

(2) Notwithstanding anything contained in the Inter-
pretation Act, regulations made under this Act may provide
in respect of any breach of the provisions of those regulations
that the offender shall be liable on summary conviction
thereof before a Resident Magistrate to such fine not exceed-
ing fifty thousand dollars or to such term of imprisonment
not exceeding twelve months as may be prescribed therein.

Prosecution 38. All prosecutions for offences against this Act or any
comencrd regulations hereunder shall be commenced within twelve

months next after the commission of such offence or, if the
months Court is satisfied that an authorized officer with due diligence

could not have been aware within that period that the
offence has been committed, within such further period as
the Court may allow.

tobe

within
twelve

me inchion of this page is authorized by LN. 961 19981

FOREST 25

SCHEDULE (Section 34)

The Tribunal
1. The Tribunal shall, subjcct to paragraph 2, consist of three mem- Constitution

bers appointed by the Minister one of whom shall be appointed o f T r i b u d .
chairman.

2. For the hearing of any appeal under this Act the Tribiinal may Fowcrof
consist of one meniber sitting alone if the parties to the appeal agree. one member to sit

alono.

this Schedule, hold office for such period not exceeding two years as Off ice .
the Minister may determine and shall be eligible for reappointment.

chairman or any other member of the Tribunal in the case of the menu,
absence or inability to act of the chairman or o!her member.

at any time resign his office by instrument in writing addressed to the
Minister and transmitted through the chairman, and from the date
of the receipt by the Minister of such instrument that member shall
cease to be a member of the Tribunal.

(2 ) The chairman may at any time resign his office by instrument
in writing addressed to the Minister and such resignation shall take
effect from the date of receipt by the Minister of that instrument.

member of the Tribunal if he thinks it expedient so to do.

3. The members of the Tribunal shall, suhject to the provisions of Tenureof

4. The Minister may appoint any person to act in the place of the k':,.

S . 4 1 ) Any member of the Tribunal other than the chairman may Rcsignalica

6. The Minister may at any time revoke the appointment of any ~~~~~~i~~
of appoint-

7. If any vacancy occurs in the membership of the Tribunal such Fil,inppf

8. The names of all members of the Tribunal as first constituted Publication
and evely change in the membership thereof shall be published in the of r n m b a -

9. There shall be paid to the chairman and other members of the R ~ ~ ~ ~ ~ -

mena.

vacancies shall be filled by the appointment of another member.

Gazefte. &P.

Tribunal, in respect of each appeal. such remuneration. whether by tionof
way of honorarium, salary or fees, and such allowances as the Minister rnmnben.
may determine.

10. Subject to paragraph 2, the decision of the Tribunal ha11 he voting.
by a majority of votes of the members. and in addition to an originaI
vote, the chairman shall have a casting vote in any case in which the
voting is equal.

its own proceedings.

be a public office for the purposes of Chapter V of the Constitution of rim
Jamaica.

YdCBOCleS.

11. Subject to the provisions of this Act. the Tribunal shall repdate Powcrsfo
regulate

12. The ofice of the chairman or member of the Tribunal shall not Chairman,

under Con-
stituuon of
JaJMira.

pmccedlnp.

CThe inclusion of this page is authorized by LN. 96/1998]
Read Entire Law on www.moj.gov.jm