Forests Act
1988 Revised Edition
C
T
FORESTS ACT
Forests Act CAP. 126 Arrangement of Sections
1988 Revised Edition
to
Page 3
C
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FORESTS ACT
Arrangement of Sections
Section
PART I.—PRELIMINARY 5
1 Short title..........................................................................................................5
2 Interpretation....................................................................................................5
PART II.—FOREST RESERVES AND FOREST
PRODUCE GENERALLY 6
3 Forest reserves. ................................................................................................6
4 Regulations. .....................................................................................................6
5 Revocation. ......................................................................................................8
6 Licences. ..........................................................................................................8
PART III.—TOWN AND VILLAGE FOREST AREAS 8
7 Village forest areas. .........................................................................................8
8 Regulations for village forest areas..................................................................8
PART IV.—GENERAL PROVISION 9
9 Powers of forest officers and police officers. ..................................................9
10 Offences. ..........................................................................................................9
11 Additional penalties. ........................................................................................9
12 Free access to trees or forest. .........................................................................10
13 Civil rights. ....................................................................................................10
14 Offences. ........................................................................................................10
Forests Act CAP. 126 Section 1
1988 Revised Edition
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Page 5
C
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FORESTS ACT
Act No. 7 of 1961
AN ACT TO PROVIDE FOR THE SETTING ASIDE OF AREAS AS
FOREST AREAS OR RESERVED AREAS AND FOR THE CONTROL
AND REGULATION OF SUCH AREAS AND OF FOREST PRODUCE
AND RELATED MATTERS
Commencement [2nd November, 1961]
PART I.—PRELIMINARY
1 Short title.
This Act may be cited as the Forests Act.
2 Interpretation.
In this Act, unless the contrary intention appears—
“forest officer” includes any officer of the Department of Agriculture,
Forests and Fisheries and any person upon whom the powers of a forest
officer under this Act may be conferred by the Minister of Agriculture,
Forests and Fisheries;
“forest produce” includes trees, timber, firewood, branchwood, poles,
bamboos, slabs, chips, sawdust, plants, grass, reeds, rushes, peat, thatch,
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bedding, creepers, fibres, leaves, moss, fruits, seeds, galls, roots, bark,
rubber, resin, sap, charcoal, honey, wax, earth, and such other things as
the Minister of Agriculture, Forests and Fisheries may, by notice in the
Gazette, declare to be forest produce;
“forest reserve” means any demarcated forest or proclaimed forest
reserve but shall not include a village forest reserve;
“livestock” includes cattle, horses, mules, donkeys, pigs, goats and sheep;
“Minister” means Minister of Agriculture, Forests and Fisheries;
“reserved area” means any demarcated area of land or proclaimed area of
land which may be under grass or scrub but which may be needed for
afforestation in the future;
“timber” means any tree which has fallen or has been felled and any part
of a tree which has been cut or has fallen, and all wood whether sawn,
split, hewn or otherwise fashioned;
“trees” includes palms, shrubs, bushes, climbers, seedlings, saplings, and
re-shoots of all ages and of all kinds, and any part thereof;
“unalienated” in relation to land means land which at the time of the
exercise of any of the powers conferred by this Act is not leased or
otherwise disposed of.
PART II.—FOREST RESERVES AND FOREST
PRODUCE GENERALLY
3 Forest reserves.
The King in Council may declare any unalienated land to be a forest reserve or
reserved area.
4 Regulations.
The Minister with the consent of Cabinet may make regulations not inconsistent
with this Act prescribing all matters which are required or permitted to be
prescribed or which are necessary or convenient to be prescribed for carrying out
or giving effect to this Act, and in particular for prescribing matters providing
for or in relation to—
(a) protection, control and management of forest reserves;
(b) fostering and encouraging growth of forest produce;
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(c) prohibiting or regulating felling, cutting, taking, working, burning,
injuring or removing any forest produce;
(d) prohibiting or regulating residing, camping, squatting, building huts
or livestock encloses in a forest reserve or reserved area;
(e) prohibiting or regulating the grazing or depasturing of livestock;
(f) prohibiting or regulating the clearing, cultivation or breaking up of
land for cultivation or other purposes in a forest reserve;
(g) prohibiting or regulating the entering of any part of a forest reserve;
(h) prohibiting or regulating within a forest reserve pursuing, killing,
taking or injuring any animals, birds, insects, fish or the eggs or
spawns thereof;
(i) prohibiting or regulating any acts or omissions as are likely to
endanger by fire or otherwise a forest reserve;
(j) prescribing the fees and royalties to be paid upon the felling of any
trees or the collection or removing of any forest produce and
generally in respect of any matters dealt with under this Act;
(k) prescribing the granting of licences and permits in relation to forest
produce, and matters relating to the administration of this Act
generally;
(l) prescribing the manner in which the persons to whom and generally
the conditions upon which licences and permits to take, sell,
purchase or export forest produce are to be granted, terminated,
revoked or forfeited;
(m) requiring the holders of licences and permits to render returns of
forest produce received;
(n) providing for the establishment and maintenance of nurseries for
afforestation and authorizing the payment of grants and bonuses out
of public revenue for the encouragement of forestry;
(o) providing for the survey and demarcation of forest reserves and
reserved areas;
(p) prescribing the persons who shall be entrusted with carrying this
Act into effect;
(q) providing for the appointment and control of forest guards;
(r) prescribing that forest produce shall include forest produce
anywhere in the Kingdom; and
(s) penalties, not exceeding the penalties specified in section 14 of this
Act, for offences against this Act or the regulations and for the
recovery of those penalties.
Section 5 CAP. 126 Forests Act
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5 Revocation.
The King in Council may declare that the whole or part of a forest reserve or
reserved area shall no longer be a forest reserve or a reserved area.
6 Licences.
(1) The Minister may with the consent of Cabinet authorize the Director of
Agriculture, Forests and Fisheries or Officer in Charge of the Department
of Agriculture, Forest and Fisheries subject to such general or special
directions as the Minister may think fit to issue licences in respect of
forest produce—
(a) granting the exclusive right to take such produce, or
(b) granting the exclusive right to purchase such produce from persons
duly authorized to take the same, and
(c) granting the right to take or purchase such produce free of any fee
or royalty or at a reduced fee or royalty.
(2) Every licence issued under subsection (1) of this section shall specify the
area of land and the type of forest produce to which it relates.
PART III.—TOWN AND VILLAGE FOREST AREAS
7 Village forest areas.
A District Officer appointed under the District and Town Officers Act may with
the approval of the Minister demarcate in unalienated land a village forest area
which shall be registered at the office of the Department of Agriculture, Forests
and Fisheries.
8 Regulations for village forest areas.
Village forest areas shall be governed by such regulations concerning the
protection, control and management of forest produce as the Minister may
prescribe.
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1988 Revised Edition
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PART IV.—GENERAL PROVISION
9 Powers of forest officers and police officers.
A forest officer or a police officer may—
(a) interrogate any person found in possession of forest produce within
a forest reserve or reserved area;
(b) call upon any person committing or reasonably suspected by the
officer of having committed an act for which a licence, permit or
pass is required, to produce such licence, permit or pass;
(c) seize and detain any forest produce which he reasonably suspects
has been obtained or removed in contravention of this Act;
(d) seize and detain any property which he reasonably suspects has
been used in committing an offence against this Act.
10 Offences.
It shall be an offence under this Act for any person without authority to—
(a) make upon or affix to any forest produce a mark used in connection
with forest produce by the forest officers of the Department of
Agriculture, Forests and Fisheries;
(b) remove, injure, alter, obliterate, deface or tamper with in any way
whatsoever any stamp, mark or sign placed upon forest produce by
the forest officers or any notice relating to forest produce affixed by
a forest officer;
(c) counterfeit or alter any licence, permit or pass issued by a forest
officer;
(d) knowingly receive or be in possession of any forest produce in
respect of which an offence against this Act has been committed;
(e) obstruct or impede in the execution of his duties under this Act any
person authorized to enter upon any land for the purpose of this
Act.
11 Additional penalties.
Where a person is convicted of an offence against this Act the Court may in
addition to the imposition of any lawful penalty—
(a) assess the value of any damage or injury unlawfully committed to
any forest produce by such person and order payment by him
accordingly;
Section 12 CAP. 126 Forests Act
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(b) order the restitution of any forest produce unlawfully removed by
such person or, alternatively, order payment of the such forest
produce;
(c) make such order as to forfeiture or disposal of any forest produce or
any property or thing in respect of which the offence has been
committed, or used in committing the offence, as the Court
thinks fit;
(d) cancel or suspend any licence, permit or pass relating to forest
produce held by such person;
(e) make such order with regard to the demolition and removal of any
building, enclosure, hut, stable, cowshed or structure or thing
erected, standing or being in any area in contravention of this Act as
the Court shall deem fit;
(f) make such order with regard to the destruction, uprooting or
removal of any crops standing or being in any area in contravention
of this Act as the Court shall deem fit.
12 Free access to trees or forest.
In any grant, lease or other disposition excepting tax allotments upon which
there is reserved to His Majesty a right to any trees of forest produce, free access
to such trees or forest produce by the most direct or convenient route shall be
afforded to all authorized persons engaged in inspecting, obtaining or removing
such trees or forest produce, with or without animals or vehicles.
13 Civil rights.
No proceedings or conviction under this Act shall affect any civil right or
remedy to which the Crown or any person aggrieved by the offence may
be entitled.
14 Offences.
(1) A person who contravenes, or fails to comply with, any provision of this
Act shall be guilty of an offence against this Act.
(2) Subject to the regulations, the punishment for an offence against this Act
shall be a fine not exceeding $50 or imprisonment for a term not
exceeding 12 months, or both.
