The Forest Act 2015.pmd
Forests [No. 4 of 2015 81

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation
3. Ownership of trees and forest produce

PART II
FORESTRY DEPARTMENT

4. Director of Forestry and other staff
5. Functions of Department
6. Honorary forest officers
7. Immunity
8. General principles of forest development and management
9. Criteria for determination of sustainable forest management

PART III
FOREST MANAGEMENT AND DEVELOPMENT

National Forest
10. Establishment of National Forest
11. Acquisition of land for National Forest
12. Purpose of National Forest
13. Rights in National Forest
14. Control and management of National Forests
15. Grants of right or interest in National Forest
16. Restrictions in National Forest

Local Forest
17. Establishment of Local Forest
18. Acquisition of land for Local Forest
19. Purpose of Local Forest
20. Rights in Local Forest
21. Control and management of Local Forest
22. Grant of right or interest in Local Forest
23. Restrictions in Local Forest

Botanical Reserve
24. Establishment of botanical reserve
25. Prohibition of certain activities in botanical reserve

THE FORESTS ACT, 2015

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 60.00 each.

82 No. 4 of 2015] Forests

Private Forests
26. Registration of private forest
27. Entitlement of owner of registered private forest
28. De-registration of private forest

Community Forest Management
29. Community forest management group
30. Recognition of group
31. Community forestry agreements
32. Rights and obligations of local community under community

forestry agreement
33. Assignment of rights under community forestry agreement
34. Termination of community forestry agreement
35. Register of community forestry agreements

Joint Forest Management
36. Declaration of Joint Forest Management Area
37. Joint forest management committee
38. Functions of joint forest management committee
39. Benefit sharing and financial provisions regarding joint forest

management committees

PART IV
FOREST MANAGEMENT PLANS AND CONSERVATION ORDERS

40. Preparation of forest management plans
41. National and local inquiries
42. Consultation with holders of rights, title or interest in forest

areas
43. Publication of forest management plan
44. Registration of forest management plan
45. Conservation orders
46. Apportioning costs due on conservation order

PART V
PROTECTED FLORA

47. Declaration of protected flora
48. Recovery plans for protected flora

PART VI
REGULATION OF FOREST PRODUCE

49. Purpose of conserving trees on State Land and customary
areas

Forests [No. 4 of 2015 83

50. Control and management of major forest produce on State
Lands and Customary areas

51. Sale of forest produce
52. Licences
53. Permits
54. Integrated decision making process and single licensing

system
55. Terms and conditions of licences and permits
56. Limitations of licences and permits
57. Obligations of licensee and permit holder
58. Removal of forest produce from forest area
59. Variation of licence or permit
60. Surrender of licence or permit
61. Transfer of licence or permit
62. Suspension or cancellation of licence or permit
63. Renewal of licence or permit
64. Regulations on import and export of forest produce
65. Register of Licences and Permits

PART VII
MARKING OF TIMBER

66. Licence for manufacture and use of timber-marking hammer
or instrument

67. Prohibition of use of Department’s or other licensee’s timber
marking hammer or instrument

68. Alteration and obliteration of marks on timber or tree stumps
69. Marking of timber for export

PART VIII
THE FOREST DEVELOPMENT FUND

70. Establishment of Fund
71. Administration and management of Fund
72. Auditing of Fund
73. Statement of income and expenditure

PART IX
ENFORCEMENT

74. Powers of authorised officer
75. Power to carry out tests and take statistics
76. Arrest without warrant
77. Obstruction of authorised officer
78. Demanding production of licence or permit

84 No. 4 of 2015] Forests

79. Prevention of offences
80. Search with warrant
81. Prosecution by officers
82. Seizure of property
83. Forfeiture and restoration of property
84. Assistance in extinguishing fire

PART X
OFFENCES AND PENALTIES

85. Offences by authorised officers
86. Prohibition of removal, felling, cutting, collecting, etc. of major

forest produce without licence or permit
87. Restrictions on manufacture of charcoal
88. Destruction of major forest produce
89. Illegal possession of forest produce
90. Import of forest produce
91. Export of forest produce
92. Mixing of marked forest produce with unmarked forest

produce
93. Defacing of mark on forest produce
94. Removal, damage, etc, of boundary mark
95. Illegal fixing of Departmental mark
96. Failure to assist with extinguishing fire in forest area etc
97. Malicious damage to infrastructure in forest area
98. Unauthorised possession or use of uniform or identity of

authorised officer
99. General penalty

100. Payment of fine without appearing in court
101. Additional powers of court
102. Civil remedy reserved
103. Evidence
104. Exhibits

PART XI
GENERAL PROVISIONS

105. Regulations
106. Repeal of Act No. 7 of 1999
107. Savings and transitional provisions
SCHEDULE

Forests [No. 4 of 2015 85

GOVERNMENT OF ZAMBIA

ACT
No. 4 of 2015

Date of Assent:14th August, 2015
An Act to provide for the establishment and declaration of

National Forests, Local Forests, joint forest management
areas, botanical reserves, private forests and community
forests; provide for the participation of local communities,
local authorities, traditional institutions, non-governmental
organisations and other stakeholders in sustainable forest
management; provide for the conservation and use of
forests and trees for the sustainable management of
forests ecosystems and biological diversity; establish the
Forest Development Fund; provide for the
implementation of the United Nations Framework
Convention on Climate Change, Convention on
International Trade in Endangered Species of Wild Flora
and Fauna, the Convention on Wetlands of International
Importance, especially as Water Fowl Habitat, the
Convention on Biological Diversity, the Convention to
Combat Desertification in those Countries experiencing
Serious Drought and/or Desertification, particularly in
Africa and any other relevant international agreement to
which Zambia is a party; repeal and replace the Forests
Act, 1999; and provide for matters connected with, or
incidental to, the foregoing.

[14th August, 2015
ENACTED by the Parliament of Zambia.

PART I
PRELIMINARY

1. This Act may be cited as the Forests Act, 2015.
2. In this Act, unless the context otherwise requires—

Enactment

Short title
Interpretation

86 No. 4 of 2015] Forests

“authorised officer” means a forest officer, a law enforcement
officer or an honorary forest officer;

“biological diversity” means the variability among living organisms
from all sources, including terrestrial ecosystems, aquatic
ecosystems and the ecological complexes of which they
are part, and diversity within species, among species, and
of ecosystems;

“botanical reserve” means an area declared as such under section
twenty-four;

“Chief” means a person recognised as such under the Chiefs
Act;

“citizen” means—
(a) an individual who is a citizen of Zambia; or
(b) an incorporated or unincorporated body of persons or a

company which is composed exclusively of persons
who are citizens of Zambia;

“community forest” means a forest controlled, used and managed
under an agreement between a community forest
management group and the Department;

“community forest management group” means a group of
persons recognised by a Chief and local authority under
section twenty-nine, which communally controls, uses and
manages a forest in the area of the Chief and the local
authority;

“community resource board” has the meaning assigned to it in
the Zambia Wildlife Act, 1998;

“concession licence” means a concession licence issued under
section fifty-two;

“convert” means to carry out the process of converting wood
into any kind of product, and

“conversion” shall be construed accordingly;
“coupe” means any site or area for the cutting, felling or taking

of forest produce, whether the boundaries of the area are
demarcated on the ground or not;

“court” means a subordinate court or the High Court;
“customary area” has the meaning assigned to it in section two

of the Lands Act;

Cap. 287

Act No. 12 of
1998

Cap. 184

Forests [No. 4 of 2015 87

“demarcated forest” means a National Forest, Local Forest,
joint forest management area, community forest or private
forest;

“Department” means the Forestry Department in the Ministry
responsible for natural resources;

“Director” means the Director of Forestry appointed under
section four;

“domestic animal” includes a horse, donkey, mule, camel, cow,
sheep, pig, goat and domestic fowl;

“ecosystem” means a living functional system which contains
all organisms including human beings, their environment
and the relationship that exists between them;

“firewood” means all woody parts of a tree which cannot be
converted into timber or poles but can be cut into short
lengths for use as wood fuel;

“flora” means all plants and parts of the plants in a particular
area;

“forest” means any land with a tree canopy cover of more than
ten percent and area of more than zero point five hectares
and includes young stands that have not yet reached, but
are expected to reach, a crown density of ten percent and
tree height of five metres that are temporarily under stocked
areas;

“forest area” means a National Forest, Local Forest, botanical
reserve, plantation, private forest, community forest, joint
forest management area and open areas;

“forest management plan” means a management plan for a forest
area prepared pursuant to section forty;

“forest officer” means a person appointed as such under section
four;

“forest produce” includes algae, bamboos, bark, bedding, bees,
honey, beeswax, boards, branchwood, carbon, canes,
charcoal, chips, climbers, cones, coppice, creepers, fibres,
flowers, fruits, fuelwood, fungi, gills, grass, gums, hives,
lichens, litter, logs, moss, nursery plants, peat, planks, plant,
poles, reeds, resin, roots, rubber, rushes, sand, sap, sawdust,
scantlings, seeds, seedlings, slabs, soil, stumps, timber,
thatch, thinnings, trees, vegetable-derived oils, vegetable
derived tar and wood spirits;

“forest resources” means vegetation, wood and non-wood
products and forest ecological services, including the
maintenance of soil quality, control of erosion, provision of
organic materials and modulating climate;

88 No. 4 of 2015] Forests

“Fund” means the Forest Development Fund established under
section seventy;

“game management area” means an area of land declared as
such under the Zambia Wildlife Act, 2015;

“honorary forest officer” means a person appointed as such
under section six;

“indigenous forest” means any forest which naturally grows or
regenerates in a particular area;

“joint forest management” means the participation of
stakeholders in the sustainable management of forest
resources and the sharing of benefits derived from the
management of the forest resources;

“joint forest management area” means an area declared as such
under section thirty-six;

“joint forest management committee” means a committee
constituted under section thirty-seven;

“law enforcement officer” means a police officer, wildlife police
officer, an officer of the Zambia Environmental
Management Agency, the Anti Corruption Commission or
the Drug Enforcement Commission;

“licence” means a licence issued under this Act, and “licensee”
shall be construed accordingly;

“local authority” means a city, municipal or district council
established under the Local Government Act;

“local community” means the residents within or adjacent to a
Local Forest, joint forest management area or open area
who, by virtue of their rights over land, including customary
land tenure, invest in and derive benefits from the
sustainable utilisation of forest resources in their areas;

“Local Forest” means an area declared as a Local Forest under
section seventeen;

“major forest produce” means a tree, part of a tree or derivative
product such as timber, charcoal and carbon, other than
leaves, flowers, fruits and seeds;

“minor forest produce” means non-wood forest produce which
is part of a tree or found in the forest;

“National Forest” means an area declared as a National Forest
under section ten;

Act No. 14 of
2015

Cap. 281

“national monument” means an area declared as a national
monument under the National Heritage and Conservation
Commission Act;

“National Park” means an area declared as a National Park
under the Zambia Wildlife Act, 2015;

“open area” means an area outside a Local Forest, National
Forest, National Park, game management area and national
monument;

“permit” means a permit issued under this Act;
“plantation” means a forest stand of introduced or indigenous

species created by planting or seeding in the process of
afforestation or reforestation;

“precautionary principle” means the principle that lack of
scientific certainty should not be used as a reason to
postpone measures to prevent environmental degradation,
or possible environmental degradation, where there is a
threat of serious or irreversible environmental damage
because of the threat;

“pole” means all sound and reasonably straight parts of a tree
which are one point two metres or longer and which are
not more than thirty centimetres or less than five
centimetres in maximum diameter over bark, unless
otherwise specified on any licence;

“private forest” means any land or plantation registered as a
private forest under section twenty-six;

“protected flora” means any kind or category of flora declared
to be protected under section forty-seven;

“public road” has the meaning assigned to it in the Public Roads
Act, 2002;

“rail reserve” means an area of land approved for the construction
of a railway under the Railways Act;

“regulatory authority” means a person or body, except a
professional body, which by law is empowered to regulate
an activity under that law, and includes a Minister;

“repealed Act” means the Forests Act, 1999;
“Register” means the Register of Licences and Permits

established under section sixty-five;

Forests [No. 4 of 2015 89

Act No. 12 of
2002

Cap. 453

Act No. 7 of
1999

Cap. 173

Act No. 14
of 2015

90 No. 4 of 2015] Forests

Act No. 3 of
2014

“river” includes a lake, stream, canal and any other channel,
whether natural or artificial;

“saw” includes a hand tool with a toothed blade or any power
driven device with a rotating disk or moving band used for
cutting wood;

“sawmill” means a factory where wood is processed
mechanically into planks or boards using a saw;

“single-licensing system” has the meaning assigned to it in the
Business Licensing Regulatory Act, 2014;

“stakeholder” means a person or group of persons with interest
in the utilisation and management of forests;

“State Land” means all land in Zambia, other than customary
areas, National Forests, Local Forests and land under
leasehold tenure vested in any person;

“timber” means the part of any felled or fallen tree which has
been cut off or can be cut off to provide wood whether
sawn, split, hewn, sliced, veneered or otherwise fashioned,
which is sound and reasonably straight, and which is one
point two metres or longer and thirty centimetres or more
in minimum diameter under bark;

“trees” includes bushes, climbers, coppice, palms, re-shoots,
saplings, seedlings and shrubs of all ages and of all kinds
and any part thereof;

“woodlot” means a forest of introduced or indigenous species,
measuring up to ten hectares, established by planting or
seeding in the process of afforestation or reforestation;
and

“Zambia Environmental Management Agency” means the
Zambia Environmental Management Agency established
under the Environmental Management Act, 2011.

3. The ownership of all trees standing on, and all forest produce
derived from, customary areas, National Forests, Local Forests,
State Land, botanical reserves and open areas is vested in the
President, on behalf of the Republic, until lawfully transferred or
assigned under this Act or any other written law.

Act No. 12 of
2011
Ownership
of trees and
forest
produce

PART II
FORESTRY DEPARTMENT

4. (1) The Public Service Commission shall appoint as public
officers, the Director, Deputy-Director, forest officers and such
other staff of the Department within the Ministry responsible for
natural resources as shall be necessary for the proper administration
of this Act.

(2) The Director shall be responsible for the administration of
this Act and the exercise of the Department’s functions as provided
under this Act.

(3) The Director may, in writing, delegate the exercise of any
of the powers and functions conferred upon the Director by this
Act to such authorised officers as the Director may think fit.

(4) The Director may, in writing, revoke or vary the delegation
of power made by the Director under subsection (3).

(5) The Minister may, by statutory order, confer any power
and duties of an authorised officer under this Act on any public
officer or class of public officers.

5. (1) Subject to the other provisions of this Act, the functions
of the Department are to do all such things as are necessary for
the rationalisation of the exploitation of forest resources and the
promotion of sustainable forest management.

(2) Without prejudice to the generality of subsection (1), the
functions of the Department are to—

(a) advise the Minister on areas required to be protected as
National Forests, Local Forests, botanical reserves or
community forests and the policies required to ensure
the conservation and sustainable use of forest resources
in those areas;

(b) control, manage, conserve and administer National Forests,
Local Forests and botanical reserves;

(c) adopt and promote methods for the sustainability,
conservation and preservation of ecosystems and
biological diversity in forest areas and open areas;

(d) collect, compile and disseminate information on forest
resources in any area and advise on areas requiring
afforestation, re-forestation and protection of flora
threatened or in danger of extinction;

(e) establish and promote the establishment of plantations;

Forests [No. 4 of 2015 91

Director of
Forestry and
other staff

Functions of
Department

(f) devise and implement participatory forest management
approaches for indigenous forests and plantations
involving local communities, traditional institutions, non-
governmental organisations and other stakeholders,
based on equitable gender participation;

(g) develop and implement public education programs on
various aspects of forestry, including indigenous
knowledge on sustainable use and conservation of forest
resources to ensure better appreciation, management
and utilisation of forest resources;

(h) conduct and support forestry research and development
and studies on national resource requirements and devise
the best methods for meeting the demand of the multiple
users of forest resources in an integrated manner
compatible with sustainable use and conservation of
biological diversity;

(i) undertake and support adaptive research and development
of forest resource management, farm forestry, agro-
forestry and forest products at national, regional and
local levels;

(j) in partnership with local communities, joint forest
management committees, community forest management
groups, traditional institutions and the private sector,
develop and implement management plans for forest
areas and open areas;

(k) issue licences and permits and enter into concessions for
purposes of this Act;

(l) devise methods for the sharing of costs and benefits from
monies obtained from licences, permits and concessions
with local communities and traditional institutions;

(m) develop mechanisms for monitoring the use of forest
resources and developments in the forestry sector and
for monitoring and evaluating forest resources;

(n) promote the sustainable utilisation of forest resources for
the development of the national economy;

(o) establish and operate effective and systematic
management of financial, human and natural resources
for the conservation of biological diversity;

92 No. 4 of 2015] Forests

(p) take appropriate measures, in consultation with the Zambia
Environmental Management Agency, to safeguard
protected species against extinction and control and
prevent the introduction of invasive alien species in
forest areas;

(q) facilitate equitable access to forest resources for
commercial, recreational and indigenous use;

(r) promote and regulate beekeeping;
(s) cooperate and consult with other public institutions whose

powers and functions impact on this Act;
(t) liaise or interface with similar organs in other countries or

international institutions dealing with forestry
conservation and management; and

(u) perform any other functions as are necessary or incidental
to the carrying out of its functions under this Act.

(3) The Minister may give to the Director such general or
special directions, which are consistent with the provisions of this
Act, as the Minister may consider necessary for purposes of this
Act and the Director shall give effect to the directions.

(4) The Director shall, in carrying out the functions of the
Department—

(a) promote a community-based natural resource management
approach in respect of forest management;

(b) facilitate and simplify the licensing system under this Act
and collaborate with other regulatory authorities in the
administration of the single licensing system;

(c) encourage cooperation and partnerships with communities
and civil society organisations in the implementation of
this Act;

(d) ensure the uniform application of this Act;
(e) ensure the efficient and effective operation of the

Department; and
(f) conduct any other activity specified under this Act or that

is necessary for the implementation of this Act.

6. (1) The Minister may, in consultation with the Director, by
notice in the Gazette, appoint any person to be an honorary forest
officer on such terms and conditions as the Minister may specify in
the notice.

Forests [No. 4 of 2015 93

Honorary
forest
officers

(2) The appointment of an honorary forest officer may be—
(a) general, so that the honorary forest officer is empowered

to act in any part of the Republic or in a National Forest,
Local Forest or other area specified in the notice of
appointment; or

(b) limited, so that the honorary forest officer is empowered
to act in areas of their residence, including any forest,
as may be specified in the instrument of appointment.

(3) Subject to the provisions of this Act and the terms of the
instrument of appointment, an honorary forest officer shall, within
the terms of appointment, exercise the functions and perform the
duties of an authorised officer.

7. An action shall not lie against a forest officer or an honorary
forest officer in respect of any act done by the forest officer or
honorary forest officer in good faith and without negligence in the
execution of the powers vested in them under this Act.

8. The Minister, Director or persons to whom the Minister or
Director has delegated any powers and functions under this Act,
shall, in implementing this Act, have regard to—

(a) the principle that forests and trees shall be managed as an
asset for succeeding generations;

(b) the need to apply the precautionary principle to the
development, management, utilisation and conservation
of forest ecosystems, biological diversity and habitats,
taking into account the best scientific evidence available;

(c) the development, management, utilisation and conservation
of forests and trees to achieve a sound ecological
balance;

(d) the need to achieve optimum utilisation and ecologically
sustainable development and management of forest
ecosystems, biological diversity and habitats;

(e) the need to conserve forests and trees as living resources
for both present and future generations and to achieve
economic growth, human resource development and
employment creation;

(f) the need to protect biological diversity in forest areas and
protect the ecosystem as a whole, including species
which are not targeted for exploitation;

94 No. 4 of 2015] Forests

Immunity

General
principles of
forest
development
and
management

(g) the need to sustain the potential yield of economic, social
and environmental benefits derived from forests;

(h) the need to promote the fair distribution of the economic,
social health and environmental benefits derived from
forests;

(i) the need to minimise pollution of natural resources,
especially forests, land and waters;

(j) the need to develop and manage forests so as to conserve
heritage resources and promote aesthetic and cultural
values;

(k) the need to achieve to the extent practicable a broad and
accountable participation in the decision-making
processes provided for in this Act; and

(l) the implementation of international agreements to which
Zambia is party.

9. (1) The Minister may, by statutory instrument, make
regulations—

(a) prescribing criteria for the sustainabilities of forests;
(b) prescribing indicators which may be used to measure the

state of forest management and appropriate standards
in relation to the indicators;

(c) creating or promoting certification programmes and other
incentives to encourage sustainable forest management;
and

(d) for the sustainable management of beekeeping.

(2) The Minister shall, in prescribing criteria, indicators and
standards under subsection (1), take into account economic, social
and environmental conditions.

(3) Criteria and indicators prescribed under subsection (1) may
include those for determining—

(a) the level of development and maintenance of—
(i) forest resources;
(ii) biological diversity in forests;
(iii) the health and vitality of forests;
(iv) the productive functions of forests;
(v) the protective and environmental functions of

forests; and
(vi) the social functions of forests;

Forests [No. 4 of 2015 95

Criteria for
determination
of
sustainable
forest
management

(b) the level of provision of socio-economic benefits by forests;
and

(c) the status and appropriateness of the policy, legislative
and institutional framework for forest development
management.

(4) The criteria, indicators and standards determined under
subsection (1) may—

(a) apply to specific forests;
(b) apply to all or specific forest types; and
(c) identify the boundaries of forests to which they apply.

PART III
FOREST MANAGEMENT AND DEVELOPMENT

National Forest
10. (1) Subject to subsection (2), the President may, by

statutory instrument, declare any area of land within the Republic
to be a National Forest and may, in like manner, declare that any
National Forest shall cease to be a National Forest or that the
boundaries of any National Forest shall be altered or extended.

(2) Notwithstanding the provisions of this Act, an area declared
a National Forest under the repealed Act shall continue to exist as
if declared under this Act.

11. The President may, on the recommendation of the Minister,
compulsorily acquire under the Lands Acquisition Act any land for
the purposes of a National Forest as may be necessary or desirable
in the public interest.

12. Subject to the other provisions of this Act, all land comprised
in a National Forest shall be used for—

(a) the security of forest resources of national importance;
(b) the conservation of ecosystems and biological diversity;
(c) improved forest resource management and sustainable

utilisation of forest resources; and
(d) the management of major water catchments and head

waters, subject to the Water Resources Management
Act, 2011.

96 No. 4 of 2015] Forests

Establishment
of
National
Forest

Act No. 7 of
1999

Cap. 189

Acquisition
of land for
National
Forest

Act No. 21 of
2011

Purpose of
National
Forest

13. (1) The President may, if satisfied that any right, easement
or profit may reasonably be claimed over an area declared or
recommended to be declared a National Forest under section ten,
direct the Minister to inquire into and determine the existence, nature
and extent of the right, easement or profit.

(2) The Minister may, after proper inquiry, either admit in whole
or in part, or reject any claim referred to in subsection (1) as seems
just in the circumstances.

(3) For the purposes of this section, the practice of shifting
cultivation, including fallow stage or previous settlement, shall not
be deemed to be a right for purposes of this section.

(4) Subject to subsection (5), where it appears to the Minister
that it is expedient or desirable to commute, in whole or in part,
any right, easement or profit admitted under subsection (2), the
Minister shall assess the amount of money payable to the holder of
the right, easement or profit.

(5) Notwithstanding subsection (4), no amount shall be payable
on account of any restriction or prohibition imposed in the interest
of forest management or in the exercise or enjoyment of any right,
easement or profit relating to the collection of forest produce, hunting,
fishing, setting any trap, obstructing any river, pasturing any domestic
animal or lighting any fire.

(6) Where any right, easement or profit over an area is admitted
under subsection (2) and the Minister considers that the area could
be excised in whole or in part from the National Forest or an area
recommended to be declared a National Forest without materially
affecting the proposed management of the National Forest, the
President may alter the boundaries of the National Forest or an
area recommended to be declared a National Forest so as to exclude
from it such area or part of such area.

(7) Any right, easement or profit admitted under subsection
(2) which is not commuted under subsection (4) shall, unless the
area on or in relation to which that right, easement or profit has
been admitted as being excluded from the National Forest under
subsection (6), be specified in a statutory instrument, and except
for the right, easement or profit, shall be recognised on or in relation
to any land comprised in the National Forest.

Forests [No. 4 of 2015 97

Rights in
National
Forest

(8) Notwithstanding anything to the contrary contained in this
Act, the Director shall not prohibit or restrict the exercise or
enjoyment of any right, easement or profit specified in a statutory
instrument made under subsection (7).

14. Subject to the other provisions of this Act, the Director
shall be responsible for the control and management of National
Forests.

15. (1) Nothing in this Act shall be construed as preventing
or restricting the granting, under any other written law for any
purposes consistent with the provisions of this Act, of any right or
interest in, or in relation to, an area of land comprised in a National
Forest, subject to any conditions which the Minister may determine,
in consultation with the Director and the relevant regulatory authority
under that written law.

(2) The conditions imposed by the Director under subsection
(1) shall take into account the provisions of the Environmental
Management Act, 2011.

(3) In this section, “right” includes a mining right granted under
the Mines and Minerals Development Act, 2015.

16. (1) Subject to subsection (2), a person shall not enter
any National Forest without a licence or permit.

(2) Subsection (1) does not apply to a person who is a traveller
on a public road in, or footpath frequently used by residents within
or adjacent to a National Forest.

(3) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

Local Forest
17. (1) Subject to subsection (2), the President may, by

statutory instrument, declare any area of land within the Republic
to be a Local Forest and may, in like manner, declare that any
Local Forest or part of the Local Forest shall cease to be a Local
Forest or that the boundaries of the Local Forest shall be altered or
extended.

(2) Notwithstanding the provisions of this Act, an area declared
a Local Forest under the repealed Act shall continue to exist as if
declared under this Act.

98 No. 4 of 2015] Forests

Control and
management
of National
Forests

Grant of
right or
interest in
National
Forest

Act No. 12
of 2011

Act No. 11
of 2015

Establishment
of Local
Forest

Restrictions
in National
Forest

18. The President may compulsorily acquire under the Lands
Acquisition Act any land for the purposes of a Local Forest as may
be considered necessary or desirable in the public interest.

19. Subject to the other provisions of this Act and any other
written law, all land comprised in a Local Forest shall be used for
the conservation and development of forests for—

(a) the security of forest resources;
(b) the protection of ecosystems, particularly the protection

of land and water supplies of local strategic importance;
(c) the utilisation of forest resources at the local level; and
(d) meeting the social, cultural and economic needs of the

local community.

20. Section thirteen shall apply to a Local Forest.

21. (1) Subject to the other provisions of this Act, the Director
shall be responsible for the control and management of a Local
Forest, except that the Minister may, by statutory instrument, after
consultation with a local community in the area, assign the control
and management of a Local Forest to a local community or joint
forest management committee on such terms and conditions as the
Minister may determine.

(2) Notwithstanding subsection (1), a local authority may apply
to the Minister, in the prescribed manner and form, to control and
manage a Local Forest which lies within the jurisdiction of the
local authority.

22. Section fifteen shall apply to a Local Forest.

23. (1) A person shall not do any of the following acts in a
Local Forest without a licence or permit:

(a) fell, cut, fashion, burn, injure, take, collect or remove any
forest product;

(b) squat, camp, reside, build or excavate, construct or use
any enclosure, re-open or use any road other than a
public road, or erect or operate any plant, machinery or
equipment;

(c) set fire to any tree, undergrowth, grass or forest produce,
assist in lighting any fire, or allow any fire to be lit by
any person or allow the employee or agent of any person
to enter a Local Forest;

Forests [No. 4 of 2015 99

Purpose of
Local Forest

Rights in
Local Forest

Control and
management
of Local
Forest

Grant of
right or
interest in
Local Forest

Restrictions
in Local
Forest

Acquisition
of land for
Local Forest
Cap. 189

(d) graze domestic animals or allow domestic animals to
trespass;

(e) clear, cultivate or break up land for cultivation or other
purposes, or grow crops;

(f) enter or be found in or upon any Local Forest or for any
purpose contrary to an order made by the Director, unless
the person is a traveller on a public road;

(g) collect any bees, comb-honey or beeswax, or hang or
place on any tree or elsewhere any beehive or other
receptacle for the purpose of obtaining any bees, comb-
honey or beeswax, or be found in, or upon, any Local
Forest for the purpose of collecting any bees, comb-
honey or beeswax;

(h) remove or damage any boundary mark, beacon, notice,
fence or gate, or remove or damage any mark placed
on any tree by, or on, the authority of a forest officer; or

(i) deposit or negligently allow the disposal of any refuse or
debris in, or on, any Local Forest.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

(3) Notwithstanding subsection (1), the Minister may, by
statutory instrument, permit any acts described in that subsection
in a Local Forest that do not adversely affect sustainable forest
management and conservation.

Botanical Reserve
24. (1) The President may, in consultation with the Ministers

responsible for the environment and urban and regional planning,
by statutory instrument, declare any forest area or woodland or
any part thereof, which has an environmental, ecological, cultural,
scientific or national significance, to be a botanical reserve for the
purpose of preserving, conserving and restoring its biodiversity
and natural amenities and may, in like manner declare that any
botanical reserve shall cease to be a botanical reserve or that the
boundaries of any botanical reserve shall be altered or extended.

(2) Where a botanical reserve lies within a private forest, the
Director shall, in consultation with the Minister, make such
arrangements for the payment to the owner of the private forest of
such compensation as may be determined by a government valuation
surveyor.

100 No. 4 of 2015] Forests

Establishment
of botanical
reserve

(3) A person who, or local community which, intends to use a
botanical reserve for cultural, religious, educational or scientific
purposes shall apply to the Director in the prescribed manner and
form.

(4) The Director shall approve an application made under
subsection (3) if it does not have adverse effects on the sustainability
of ecosystems and biological diversity in the botanical reserve
concerned.

(5) The Minister may, by statutory instrument, prescribe
guidelines for the use, conservation, preservation and management
of botanical reserves.

25. (1) A person shall not, in a botanical reserve and without
the prior approval of the Director—

(a) fell, cut or damage any tree or re-generation of the tree or
biodiversity in the botanical reserve;

(b) squat, camp, reside, build or excavate, construct or use
any enclosure, re-open or use any road other than a
public road, or erect or operate any plant, machinery or
equipment;

(c) set fire to any tree, undergrowth, grass or forest produce,
assist in lighting any fire or allow any fire to be lit by any
person or allow any person to enter the botanical reserve;

(d) graze domestic animals or allow domestic animals to
trespass;

(e) clear, cultivate or break up land for cultivation or other
purposes, or grow crops;

(f) enter or be found in or upon the botanical reserve or for
any purpose contrary to an order made by the Director,
unless the person is a traveller on a public road;

(g) collect any bees, honey, comb, or beeswax, or hang or
place on any tree or elsewhere any beehive or other
receptacle for the purpose of obtaining any bees, comb,
honey or beeswax, or be found in, or upon, the botanical
reserve for the purpose of collecting any bees, honey,
comb, or beeswax;

(h) remove or damage any boundary mark, beacon, notice,
fence or gate, or remove or damage any mark placed
on any tree by, or on, the authority of a forest officer; or

Forests [No. 4 of 2015 101

Prohibition
of certain
activities in
botanical
reserve

(i) deposit or negligently allow the disposal of any refuse or
debris in, or on, the botanical reserve.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

Private Forests
26. (1) An owner or lessee of any land or plantation who

wishes to establish a private forest shall apply to the Director, in
the prescribed manner and form, for the registration of the area
which the person intends to comprise the private forest.

(2) The Director shall, in determining whether to approve an
application under subsection (1), have regard to—

(a) the uses to which the applicant is proposing to put the
land, the manner in which it will be done and the
compatibility of the uses with sustainable forest
management;

(b) the resources available to the applicant and likely to be
applied to the land;

(c) the current use and management of the land;
(d) the environmental impact assessment undertaken in respect

of the land; or
(e) any comments or representations from the local community

in the area who are likely to be affected by the
registration of the area as a private forest.

(3) The Director may, within thirty days of receipt of an
application under subsection (1), if the applicant meets the prescribed
criteria, register the private forest on such terms and conditions as
the Director may determine.

(4) The terms and conditions referred to in subsection (3) may
include—

(a) arrangements for and methods of felling trees, including
the rates of extraction of timber on the land;

(b) in consultation with the relevant regulatory authority,
construction of roads, bridges, buildings and other
structures on the land;

102 No. 4 of 2015] Forests

Registration
of private
forest

(c) arrangements for and methods of transporting timber within
and out of the land;

(d) gathering and utilisation of forest products from the land;
(e) afforestation and re-forestation of the land;
(f) in consultation with the Zambia Environmental

Management Agency, disposal of waste;
(g) prevention of pollution;
(h) conservation of flora and fauna on the land;
(i) consultation with persons living near the land and deriving

some or all of their livelihood from the land;
(j) cooperation with right holders in respect of existing rights;
(k) the duration of the registration and the terms of its renewal;
(l) the payment of rent, fees or royalties in respect of the

land;
(m) rendering of reports to the Department, local authority or

local community in the area;
(n) the settling of any disputes in respect of the land; and
(o) such other matters as may be prescribed.

(5) The Minister may prescribe the—
(a) criterion for registration of private forests;
(b) procedure for applying for registration, renewal, transfer

and cancellation of registration; and
(c) terms and conditions of registration, renewal, transfer or

cancellation of registration.

27. (1) An owner of a private forest registered under section
twenty-six shall be entitled to receive from the Department—

(a) technical advice on forest management and conservation;
and

(b) subject to availability of funds, loans from the Fund for
the development and management of the private forest.

(2) An owner of a private forest may apply to the relevant
authorities for exemption from payment of all or part of the rates
and other charges that may be levied in respect of the land on
which the private forest is established.

(3) An owner of a private forest may sell, fell, cut or remove
forest produce from the private forest without a licence or permit.

Forests [No. 4 of 2015 103

Entitlement
of owner of
registered
private
forest

28. (1) The Director may de-register a private forest if the
owner of the private forest—

(a) requests for the de-registration in the prescribed manner
and form;

(b) contravenes the provisions of this Act or fails to comply
with the terms and conditions of registration;

(c) ceases to own the land on which it is located; or
(d) obtained the registration by fraud or deliberate or negligent

submission of false information or statements.

(2) The Director shall, before de-registering a private forest in
accordance with subsection (1), give written notice to the owner
of the private forest of the intention to de-register the private forest
and shall give the reasons for the intended de-registration and require
the owner of the private forest to show cause, within a period of
not more than thirty days, why the private forest should not be de-
registered.

(3) The Director shall not de-register a private forest under
this section if the owner takes remedial measures to the satisfaction
of the Director within the period of thirty days referred to in
subsection (2).

(4) The Director shall de-register a private forest if the owner
of the private forest who is notified under subsection (2) fails to
show cause or does not take any remedial measures to the
satisfaction of the Director within the period specified in that
subsection.

(5) The owner of a private forest shall, where a private forest
is de-registered, cease to be entitled to the rights and benefits
conferred under this Act with effect from the date of the de-
registration.

Community Forest Management
29. (1) A community forest management group may be formed

by a group of persons who are—
(a) members of a village in or near a forest;
(b) managing a forest or part of a forest; or
(c) desirous of managing a forest or part of a forest.

(2) A community forest management group shall be formed
for the purpose of communal control, use and management of a
forest.

104 No. 4 of 2015] Forests

De-
registration
of private
forest

Community
forest
management
group

(3) A community forest management group shall be guided by
the following principles:

(a) persons living in close proximity to or deriving their
livelihood from or having strong traditional ties to the
forest shall be given an opportunity to join a community
forest management group;

(b) the purposes for which the community forest management
group is formed shall be implemented to promote
sustainable management of forest ecosystems and
biological diversity;

(c) the purposes for which the community forest management
group is formed shall be explained to all persons wishing
to join the community forest management group;

(d) the management of the community forest management
group, the management of any funds and the selection
of the leaders of the community forest management
group shall be based on transparency, fairness,
impartiality and non-discrimination;

(e) members of a community forest management group shall
be encouraged to participate in the management of the
community forest management group; and

(f) the procedures for membership of the community forest
management group or guidelines regulating the conduct
of members of the community forest management group
shall be based on, and conducted in accordance with,
the principles of natural justice.

(4) The Director may provide assistance to persons living in
the vicinity of, or deriving their livelihood from, a forest to form a
community forest management group to manage a forest.

30. (1) A group of persons living in the vicinity of a forest
may apply to the Director for recognition as a community forest
management group with the consent of the Chief of the area in
which the forest is located.

(2) The Director may, within twenty-one days of receipt of
an application under subsection (1), recognise a group of persons
as a community forest management group if the group of persons—

(a) is recognised within the community which is within or
adjacent to a local forest; and

(b) derives their livelihood from the forest.

Forests [No. 4 of 2015 105

Recognition
of group

(3) The Director shall, in determining whether to accord
recognition to a group of persons under this section, take into account
the principles set out in section twenty-nine.

(4) The Director shall, where the Director refuses to recognise
a group of persons as a community forest management group under
this section, notify the group of persons, in writing, within fourteen
days from the date of such refusal and give the reasons therefor.

(5) A group of persons which is aggrieved by the decision of
the Director may, within thirty days from the date of receipt of the
decision of the Director, appeal to the Minister.

(6) A group of persons which is aggrieved by the decision of
the Minister may, within thirty days from the date of receipt of the
decision, appeal to the High Court.

31. (1) A community forest management group recognised
under section thirty may apply to the Director, in the prescribed
manner and form, to enter into a community forestry agreement
with the Department in respect of an area or forest for which the
community forest management group is formed.

(2) The Director shall, in considering an application under
subsection (1), after consultation with the Chief and the local
authority in respect of an area or forest for which the community
forest management group is formed—

(a) establish whether or not there is any other group of persons
which intends to enter into a community forestry
agreement or has made an application in respect of the
same forest;

(b) consult any other Government Ministry, department or
body which has an interest in the matter; and

(c) evaluate the suitability of the forest for community forestry
management in comparison with the current or potential
uses of the forest.

(3) The Minister may, by statutory instrument—
(a) prescribe the content, terms and conditions of community

forestry agreements; and
(b) designate an area or forest in respect of which a community

forestry agreement is concluded.

(4) A community resource board may apply to the Director to
enter into a community forestry agreement in accordance with
subsection (1), and sections thirty-two to thirty-four shall apply as
if the community resource board were a community forest
management group.

106 No. 4 of 2015] Forests

Community
forestry
agreements

32. (1) A community forest management group that is party
to a community forestry agreement for a community forest shall—

(a) protect, conserve and manage the community forest or
part thereof pursuant to the community forestry
agreement and the management plan for the community
forest;

(b) formulate and implement forest management consistent
with traditional forest user rights of the local community
in accordance with sustainable forest management;

(c) protect sacred groves and protected trees in the community
forest;

(d) assist the Director in enforcing the provisions of this Act
in relation to illegal harvesting of forest produce;

(e) with the approval of the Director, enter into partnerships
with otherpersons for the purposes of ensuring the
efficient and sustainable conservation and management
of the community forest;

(f) keep the Director informed of any developments, changes
and occurrences within the community forest which are
critical for the conservation of biodiversity;

(g) help in fire-fighting within and around the community forest;
and

(h) do any other thing that is necessary for the efficient
conservation and management of the community forest.

(2) A community forestry agreement may confer on a
community forest management group that is party to the community
forestry agreement any or all of the following forest user rights in
the community forest concerned:

(a) collection of medicinal herbs;
(b) harvesting of honey;
(c) harvesting of timber or fuel wood;
(d) grass harvesting and grazing of animals;
(e) collection of forest produce for community based industries;
(f) eco-tourism and recreational activities;
(g) scientific and educational activities;
(h) plantation establishment through non-resident cultivation;
(i) the right to enter into contracts to assist in carrying out

specified silvicultural operations;

Forests [No. 4 of 2015 107

Rights and
obligations
of local
community
under
community
forestry
agreement

(j) development of community forest wood and non-wood
based industries; and

(k) any other benefits which may be agreed upon between
the community forest management group and the
Director.

(3) The Director may, in consultation with the Minister—
(a) provide information, training advice and management and

extension services for community forestry management;
(b) establish and maintain nurseries and other facilities to

provide seed and plants for community forestry
management; and

(c) provide material or financial assistance for community
forestry management, including recovery from disaster
where such assistance is not available from any other
institution.

33. (1) A community forest management group may, with the
approval of the Minister, assign any or all its rights under a
community forestry agreement to any other person or group.

(2) A community forest management group which intends to
assign any or all of its rights under a community forestry agreement
shall apply to the Minister in the prescribed manner and form.

34. (1) The Minister may, in consultation with the Director,
terminate a community forestry agreement or withdraw a particular
user right if—

(a) the community forest management group breaches a term
or condition of the community forestry agreement;

(b) the termination is necessary for purposes of protecting
and conserving biodiversity; or

(c) the local community applies for the termination.

(2) Where the Minister intends to terminate a community
forestry agreement or withdraw a particular user right on any of
the grounds set out in paragraph (a) or (b) of subsection (1), the
Minister shall give the community forest management group thirty
days, written notice to show cause why the community forestry
agreement should not be terminated or the user rights withdrawn.

(3) A community forest management group which is aggrieved
by the decision of the Minister may, within thirty days of the service
of the decision of the Minister, appeal to the High Court.

108 No. 4 of 2015] Forests

Assignment
of rights
under
community
forestry
agreement

Termination
of
community
forestry
agreement

(4) Nothing in this section shall be construed as limiting the
grounds on which a community forestry agreement may be
terminated.

(5) Where a community forestry agreement is terminated, the
Department shall resume the responsibility of protecting, conserving
and managing the community forest affected, and any benefits
conferred on the community forest management group shall cease.

35. The Director shall keep or cause to be kept a register of
all community forestry agreements entered into under this Part.

Joint Forest Management
36. (1) The Minister may, on the recommendation of the

Director, local community or owners or occupiers of an area in a
forest, declare by statutory instrument, a Local Forest, botanical
reserve, plantation, private forest or open area, a joint forest
management area.

(2) An area proposed to be declared a joint forest management
area under this section shall not be declared as such unless the
local community or owner of the forest concerned consents to the
declaration.

37. (1) The Director may, in consultation with a local
community and with the approval of the Minister, constitute a joint
forest management committee for that area which shall comprise
the following members:

(a) one person appointed by the Chief in that area to represent
the Chief;

(b) a representative of the Department;
(c) one representative each from the Departments of

Agriculture, Water, Lands and Fisheries in the area;
(d) three persons representing the local community in the

area, elected by the local community;
(e) one representative of the local authority in the area;
(f) one representative of holders of licences and permits under

this Act operating in that area; and
(g) a representative of the Ministry responsible for wildlife.

(2) The chairperson and vice-chairperson of a joint forest
management committee shall be elected by the members from
amongst themselves.

Forests [No. 4 of 2015 109

Register of
community
forestry
agreements

Declaration
of joint
forest
management
area

Joint forest
management
committee

(3) A joint forest management committee constituted under
this section may invite any person whose presence is in its opinion
desirable to attend and to participate in the deliberations of a meeting
of the committee but such person shall not vote.

(4) A member of a joint forest management committee
constituted under this Act shall hold office for a period of three
years and may be re-appointed for a further like period.

(5) The Minister may dissolve a joint forest management
committee constituted under this section if the Minister is satisfied
that the committee—

(a) has mismanaged its finances;
(b) has failed to render a report to the Director or has mis-

represented facts in a report submitted under section
thirty-nine; or

(c) is engaged in activities inconsistent with the functions of
the committee specified in section thirty-eight.

38. (1) The functions of a joint forest management committee
shall be to manage and develop the joint forest management area
and distribute the benefits amongst the local communities in the
area.

(2) Without prejudice to the generality of subsection (1), a joint
forest management committee shall—

(a) develop and implement, in consultation with the Director,
management plans for the joint forest management area
aimed at reconciling the various uses of land in that area;

(b) negotiate, in conjunction with the Director, co-management
agreements with other stakeholders; and

(c) perform such other functions as the Director may delegate
to it for purposes of joint forest management.

(3) The development and implementation of management plans
in a joint forest management area shall be in accordance with such
regulations as the Minister may prescribe, in consultation with the
Director.

39. (1) Subject to the other provisions of this Act, a percentage
of the revenues payable under this Act as determined by the Director
in respect of licences or permits issued, concessions granted or
services rendered from the use of forest resources within a joint
forest management area shall be payable to a fund set up for this
purpose.

110 No. 4 of 2015] Forests

Functions of
joint forest
management
committee

Benefit
sharing and
financial
provisions
regarding
joint forest
management
committees

(2) There shall be paid out of the fund of a joint forest
management area such monies as may be required to meet the
cost of the services of the joint forest management committee and
the Department.

(3) There shall be paid into the fund of a joint forest
management area such monies as the joint forest management
committee may, with the approval of the Director, accept by way
of grants and donations from any source within and outside Zambia.

(4) A joint forest management committee shall cause to be
kept proper books of account and other records relating to its
accounts.

(5) The accounts referred to in subsection (3) shall be opened
for inspection by the Director and any member from that local
community.

(6) A joint forest management committee shall, not later than
one hundred and eighty days after the end of the financial year,
submit to the local community and the Director—

(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) a report concerning its activities during that financial year.

(7) A person who misuses any money belonging to a joint forest
management committee commits an offence and is liable to a
surcharge and prosecution.

(8) Any benefits derived from the joint forest management
area shall be shared among the stakeholder parties as provided for
in the joint forest management plan.

PART IV
FOREST MANAGEMENT PLANS AND CONSERVATION ORDERS

40. (1) The Director shall, in consultation with the local
authority, local community, Chief, joint forest management
committee and any other stakeholders in a forest area, cause to be
prepared a forest management plan for the forest area according
to the purposes for which the forest area is established under this
Act.

(2) A forest management plan shall—
(a) include such maps and descriptive matter as may be

necessary to illustrate the proposals in the management
plan;

Forests [No. 4 of 2015 111

Preparation
of forest
management
plans

(b) provide for all the matters referred to in the Schedule as
may be necessary for the purposes of this Act; and

(c) state the institution or authority responsible for the actions
necessary to implement the forest management plan.

41. The Director shall, for the purpose of preparing a forest
management plan under this Part, conduct national and local inquiries
on the management plan and its implementation as may be
necessary to obtain representation from a local community, Chief
and any other stakeholder in the prescribed manner.

42. (1) The Director shall, to facilitate the preparation of a
forest management plan, consult holders of rights, title or interest
in the forest areas.

(2) The Director shall, in preparing the forest management
plan, take into account the submissions of the holders of rights
referred to in subsection (1) and the local community in the area.

43. (1) The Director shall cause a notice of the completion of
a forest management plan to be published in the Gazette.

(2) A notice published under subsection (1) shall state the time
and place at which the forest management plan may be inspected
by members of the public and shall request for objections, in writing,
to be lodged with the Director within thirty days from the date of
the publication of the notice in the Gazette.

(3) The Director shall, where no objections to a forest
management plan are lodged with the Director under subsection
(2), notify the Minister accordingly.

(4) The Minister shall consider and determine any objection
lodged with the Director pursuant to subsection (2) and shall cause
the decision to be published in the Gazette.

44. (1) The Minister may, after the notification from the
Director under subsection (3) of section forty-three or after the
hearing of an objection under subsection (4) of section forty-three

(a) cause the management plan to be registered in such register
as the Minister may prescribe and publish a notice of
the registration in the Gazette;

(b) publish a notification of a rejection of a forest management
plan in the Gazette; or

(c) cause the management plans as varied by the Minister or
any court, to be registered in such register as may be
prescribed by the Minister and publish a notice of the
registration in the Gazette.

112 No. 4 of 2015] Forests

National and
local
inquiries

Consultation
with
holders of
rights, title
or interest in
forest areas

Publication
of forest
management
plan

Registration
of forest
management
plan

(2) The Minister shall not reject a forest management plan
under this section except on the grounds that it is contrary to the
purposes of this Act.

(3) The provisions of a forest management plan shall, from
the date of publication of its registration under this section, apply to
the forest area in respect of which it is prepared.

45. (1) The Minister may, on the recommendation of the
Director and after consultation with a local authority and other
stakeholders in the area, and subject to subsection (8), issue by
statutory instrument, orders to the occupier of any land to undertake
or adopt such measures as the Director may consider necessary
for the conservation of natural resources on land in an open area
and the prevention of injury to natural resources by the acts or
omissions of the occupier.

(2) The Minister shall issue such orders as the Minister may
consider necessary to ensure that the occupier of land affected by
a forest management plan registered under section forty-four
complies with the provisions of the conservation order.

(3) Orders given under subsection (1) or (2) may relate to—
(a) the allocation of the uses of land for arable, pasture,

woodland or forest purposes or for water catchment;
(b) the construction and maintenance of works for conserving

water or soil and other works to preserve or improve
natural resources;

(c) the prohibition or restriction of cultivation of any part of
the land;

(d) the method of cultivation of land and the system of farming
to be used on the land;

(e) the manner of watering, managing, pasturing and moving
livestock;

(f) the preservation and protection of the source, course and
banks of any stream;

(g) the control of water, including storm water, drainage water
and floods;

(h) the prevention of pollution or fouling of public water as
defined in the Water Resources Management Act, 2011;

(i) the preservation of trees and other vegetation and the
method and systems by which forest produce may be
taken and used;

(j) measures to prevent, control or combat fires, including the
making of firebreaks and carrying out control burning;
or

Forests [No. 4 of 2015 113

Conservation
orders

Act No. 21
of 2011

(k) measures to be taken to ensure compliance with a
registered forest management plan.

(4) An occupier of land who fails or neglects to carry out an
order given under subsection (1) or (2) within the period specified
in the order commits an offence and a court shall, in addition to any
other penalty which it may impose, make an order requiring the
occupier to carry out within a specified time the order of the Minister.

(5) Where it is necessary for an occupier of land to construct
any works to give effect to an order made under this section, the
Minister may, on the advice of the Director, cause the works to be
carried out and completed on behalf of the occupier.

(6) Subject to the other provisions of this section, where costs
are incurred under subsection (5), the amount of such costs shall
be a debt due to the Republic by the occupier concerned and, until
discharged, interest shall be payable thereon at such rate as is
charged by a court on judgment debt under the Judgment Act.

(7) The Minister may reduce the amount of costs payable under
subsection (6) by such amount as the Minister determines to be the
value of such works to the public.

(8) The Minister shall not give an order under this section in
any statutory housing area and improvement area under the Town
and Country Planning Act without consulting the planning authority
for the area and the Minister responsible for housing in connection
with that order.

(9) Where the Minister gives an order after consultation, in
accordance with subsection (8), permission shall not be required
under the Town and Country Planning Act to do anything which is
required to be done under that Act or in respect of anything done
under this section to give effect to that order.

(10) An order made under this section shall be deemed to be
sufficiently served if sent by registered post to an occupier at the
last known address of the occupier.

46. (1) An occupier may apply to the Minister to apportion
any sum spent by that occupier or for which the occupier has
become liable by reason of the provisions of this section between
the occupier and other persons with an interest in the land.

(2) An application under subsection (1) shall be in writing and
shall state the names and addresses of the other persons having
interest in the land.

114 No. 4 of 2015] Forests

Cap. 81

Cap. 283

Cap. 283

Apportioning
costs due on
conservation
order

(3) The Minister shall, where an application is made under
subsection (1)—

(a) appoint a committee to hear the matter, which shall fix a
date for hearing of the application;

(b) notify the occupier and the other persons named in the
application; and

(c) afford the occupier and other persons named in the
application an opportunity to be heard.

(4) The Minister shall, on the advice of the committee appointed
under subsection (3), apportion the sums sent by the occupier or
for which the occupier has become liable by reason of this section
between the occupier and the other persons named in the application
in such manner as the Minister considers just having regard to the
respective interests in the land.

(5) Any sum apportioned on any person other than the occupier
shall become a debt due by that person to the occupier and, until
discharged, interest thereon shall be paid at the rate prescribed
under subsection (6) of section forty-five.

(6) The Director may apportion such sums from the Fund to
assist occupiers of land, on application, to meet the costs payable
under subsection (6) of section forty-five.

PART V
PROTECTED FLORA

47. (1) The Minister may, by statutory instrument, on the
recommendation of the Director for the purposes of conserving
any species of flora, particularly having regard to its rarity, economic
significance or its role in assessing the health of an ecosystem and
generally for the conservation of biological diversity—

(a) declare a kind or category of flora to be protected flora;
and

(b) prohibit or regulate the felling, cutting, burning, injury, taking
or removal of any protected flora, generally or during a
specified period and throughout or in a specified area of
the Republic.

(2) An order made under subsection (1) may apply to a kind
or category of flora that though abundant so closely resemble the
protected flora within the specified area.

Forests [No. 4 of 2015 115

Declaration
of protected
flora

(3) The statutory order specifying protected flora may be at
the initiative of a petition from any interested person lodged with
the Director.

(4) The Minister shall, by statutory order, prescribe the process
and criteria for determining protected flora and the form of petition
under subsection (3).

48. (1) The Director shall, in consultation with the relevant
local community, a joint forest management committee, Chief and
any other stakeholder, develop and implement recovery plans for
the conservation and survival of protected flora.

(2) In this section, “recovery plan” means a plan for promoting
the regeneration, growth and survival of protected flora.

PART VI
REGULATION OF FOREST PRODUCE

49. (1) Major forest produce on State Land and customary
areas shall be conserved for the use and benefit of the local
community in those areas, except that—

(a) trees may be felled and land cleared by or for the local
community for the purpose of agricultural and other
developments; and

(b) any major forest produce which, in the opinion of the
Director, is not required to be conserved or would be
wasted or destroyed if not harvested may be felled and
sold under a licence.

50. (1) Subject to the other provisions of this Act, the control
and management of the licenced felling, cutting, taking and removal
of major forest produce on State Land, land under leasehold tenure
vested in any person and customary areas shall vest in the Director.

(2) A person who intends to fell, cut, work or remove any
major forest produce from any State Land, land under leasehold
tenure vested in any person or customary area or sell, offer for
sale, barter or deal in any major forest produce shall apply for a
licence or permit under this Part.

51. Subject to the provisions of this Act and to the general or
special directions of the Minister, the Director may offer forest
produce for sale and sell forest produce by auction, tender or
estimate at such places and in such a manner as the Minister may
prescribe by statutory instrument.

52. (1) The following licences may be issued under this Part:
(a) sawmill licence, to authorise a sawmill owner to process

timber using a sawmill or any other wood processing
equipment for a period not exceeding five years; and

116 No. 4 of 2015] Forests

Recovery
plans for
protected
flora

Purpose of
conserving
trees on
State Land
and
customary
areas

Control and
management
of major
forest
produce on
State
Land and
customary
areas

Licences

Sale of forest
produce

(b) concession licence, to authorise a citizen to cut, fell or
process timber from a specified forest area for a
period not exceeding five years.

(2) A person shall apply to the Director for a licence in the
prescribed manner and form.

(3) The Director shall, within thirty days of receipt of the
application for a licence made under subsection (2)—

(a) issue the licence to the applicant if the applicant meets
the requirements of this Act; or

(b) reject the application if it does not meet the requirements
of this Act, and inform the applicant of the reasons
for the rejection.

53. (1) The following permits shall be issued under this
Part:

(a) forest produce conveyance permit, to allow the holder
to convey forest produce;

(b) forest produce merchant’s permit, to allow the holder
to trade in forest produce;

(c) forest produce export permit, to allow the holder to
export forest produce;

(d) forest produce import permit, to allow the holder to
import forest produce;

(e) domestic user permit, to allow the holder to harvest or
use forest produce for domestic purposes;

(f) cord-wood permit, to allow the holder to harvest or use
wood for firework or charcoal production;

(g) forest fire permit, to allow the holder to set a forest fire
for purposes of forest management; and

(h) tree-felling permit, to allow the holder to fell a tree or
trees.

(2) A person shall apply to the Director for a permit in the
prescribed manner and form.

(3) The Director shall, within thirty days of receipt of the
application for a permit under subsection (2)—

(a) issue the permit to the applicant if the applicant meets
the requirements of this Act; or

(b) reject the application made if it does not meet the
requirements of this Act, and inform the applicant of
the reasons for the rejection.

Forests [No. 4 of 2015 117

Permits

(4) This section does not apply to any forest produce—
(a) in transit through Zambia if the forest produce is

accompanied by the necessary transit customs
documents issued in the country of origin or export,
including a phytosanitary certificate or its equivalent
and is entered through a customs port of entry; or

(b) accompanied by a person who is in possession of, and
surrenders to the forest officer or customs officer, a
copy of certificate or permit issued by the country of
origin or export stating that the person is lawfully
authorised to export the forest produce and the person
satisfies the customs officer or forest officer that—

(i) the certificate or permit was issued to that
person;

(ii) the person is exporting the forest produce from
the country of origin or export; and

(iii) the forest produce being exported is subject to
a phytosanitary certificate or its equivalent.

54. (1) The Director shall, for the efficient issuance of
licences, permits and certificates under this Act, establish an
integrated decision-making process and conform with the
regulatory clearance system established under the Business
Licensing Regulatory Act, 2014.

(2) A regulatory authority shall not issue or grant a licence,
permit or certificate for the doing of any activity by any person
that may have an adverse effect on natural resources without
consulting the Director concerning the issuing or the grant of
the licence, permit or certificate likely to have an adverse effect
on natural resources.

(3) The Director may, where consulted under subsection
(2), prescribe such conditions or stipulate such requirements as
the Director considers necessary to maintain or protect the
natural resources, including conditions relating to compliance with
any other written law.

(4) Where the Director imposes any conditions or stipulates
any requirement under subsection (3), a regulatory authority shall
endorse such condition or requirement on the licence, permit or
certificate issued to any person whose activities under the licence,
permit or certificate will affect the natural resources.

118 No. 4 of 2015] Forests

Act No. 3 of
2014

Integrated
decision-making
process and
single licensing
system

55. (1) Subject to the provisions of this Act, the power to
issue licences or permits shall be exercised by the Director or a
forest officer authorised, in writing, by the Director, subject to
such terms and conditions as the Director may determine.

(2) The Minister may, on the recommendation of the
Director, prescribe the terms and conditions for licences and
permits which shall specify—

(a) the circumstances under which the licences or permits
may be suspended, cancelled or renewed;

(b) the fees and penalties for non payment of fees;
(c) the conditions for the felling, cutting, taking, removal,

conversion, processing, transport or sale of forest
produce;

(d) the activities for prevention and fighting of fires;
(e) the form of records and returns to be submitted by

persons engaged in the cutting, taking, removal,
conversion, processing, transportation, sale or use of
forest produce;

(f) the payment of compensation for damage to trees,
growing crops,roads, tracks, paths, bridges,
waterways and other improvements in forest areas;

(g) the making good of any damage to land in forest areas;
(h) the conduct of any silvicultural activities;
(i) the quantity of forest produce to be harvested;
(j) the requirements for afforestation and reforestation;

and
(k) any other matter which the Director may recommend

for purposes of this Act.

56. (1) A licence or permit shall not, unless a contrary
intention is expressly stated on the licence or permit, grant any
exclusive right or confer on the licensee or permit holder any
right to compensation for—

(a) any works or improvement in the forest area effected
by the licensee or permit holder;

(b) any loss suffered by the licensee or permit holder as a
result of the suspension or cancellation of the licence
or permit;

Forests [No. 4 of 2015 119

Terms and
conditions of
licences and
permits

Limitations of
licences and
permits

(c) the inability of the licensee or permit holder to take
away any forest produce within the period of the
validity of the licence or permit; or

(d) any damage to, or loss of, any forest produce before
its removal from the licence or permit area or coupe.

(2) A licence or permit shall not be granted in an area which
is the subject of another licence or permit issued under this Act.

(3) Unless a contrary intention is expressly stated on a
licence or permit, rights under the licence or permit shall not
extend to—

(a) any land dedicated as a place of burial;
(b) any area designated a National Park under the Zambia

Wildlife Act, 2015;
(c) any land within thirty metres of the centre line of any

public road;
(d) any land within thirty metres of the boundary of any

rail reserve;
(e) any land within fifty metres of a bank or edge of any

river;
(f) any land within thirty metres of a power line; or
(g) grazing land.

57. (1) A licensee or permit holder shall fell, cut, take,
convert and perform other operations under the licence or permit
in such manner as to cause the least possible waste of, or damage
to, trees and forest produce.

(2) A licensee or permit holder shall, where the licensee or
permit holder causes waste or damage to trees and forest produce
contrary to subsection (1), be liable to pay such value for the
trees or forest produce damaged or wasted as may be assessed
by the Director.

(3) A licensee or permit holder shall, where requested by a
forest officer, furnish such information, records and returns
concerning the operations, conversion, processing, transport, sale,
manufacture, export or use of the forest produce by the licensee
or permit holder as the forest officer may require for purposes
of this Act.

(4) A licensee or permit holder shall keep such records and
submit such returns to the Director in the prescribed manner
and form.

120 No. 4 of 2015] Forests

Act No. 14 of
2015

Obligations of
licensee and
permit holder

58. A person shall not remove from a forest area any forest
produce cut or taken under a licence or permit until—

(a) a forest officer endorses on the licence or permit;
(b) the forest produce is measured or checked by the forest

officer; and
(c) the forest produce is marked by the forest officer with

the imprint of the timber marking hammer or instrument
or any other mark of the Department.

59. (1) A licensee or permit holder may, at any time during
the validity of the licence or permit, apply to the Director for variation
of the terms and conditions of the licence or permit.

(2) The Director shall, within thirty days of receipt of the
application under subsection (1), grant or reject the application,
and shall give reasons for the rejection to the applicant where the
application is rejected.

60. (1) The holder of a licence or permit who decides not to
continue with the project to which the licence or permit relates
shall notify the Director, in writing, and agree with the Director on
the terms and conditions of the surrender of the licence or permit,
with particular reference to anything done or any benefit obtained
under the licence or permit.

(2) Where a licence or permit is surrendered under subsection
(1), the licence or permit shall lapse, and subject to section sixty-
two, be cancelled and the holder of the licence or permit shall
cease to be entitled to any benefits granted under the licence or
permit.

61. A licence or permit or any rights conferred under the licence
or permit shall not be transferred or assigned by the licensee or
permit holder to any other person.

62. (1) Subject to the other provisions of this Act, the Director
may suspend or cancel a licence or permit if the holder—

(a) obtained the licence or permit by fraud or deliberate or
negligent submission of false information or statements;
or

(b) contravenes this Act or any terms and conditions of the
licence or permit.

Forests [No. 4 of 2015 121

Removal of
forest
produce
from
forest area

Variation of
licence or
permit

Surrender of
licence or
permit

Transfer of
licence or
permit

Suspension
or
cancellation
of licence or
permit

(2) The Director shall, before suspending or cancelling a licence
or permit in accordance with subsection (1), give written notice to
the holder thereof of the intention to suspend or cancel the licence
or permit and shall give the reasons for the intended suspension or
cancellation and require the holder to show cause, within a period
of thirty days, why the licence or permit should not be suspended
or cancelled.

(3) The Director shall not suspend or cancel a licence or permit
under this section if the holder takes remedial measures to the
satisfaction of the Director within the period of thirty days referred
to in subsection (2).

(4) The Director may suspend or cancel a licence or permit if
the holder who is notified under subsection (2) fails to show cause
or does not take any remedial measures to the satisfaction of the
Director within the time specified in that subsection.

(5) Where a licence or permit is suspended, the holder of the
licence or permit shall cease to be entitled to the rights and benefits
conferred under this Act for the period of the suspension.

(6) The holder of a licence or permit shall, where the licence
or permit is cancelled, cease to be entitled to the rights and benefits
conferred under this Act with effect from the date of the
cancellation.

63. (1) A licensee or permit holder may, three months before
the expiry of the licence or permit, apply for the renewal of the
licence or permit.

(2) The Director may, within thirty days of receipt of the
application under subsection (1), renew the licence or permit for
such period and on such terms and conditions as the Director may
determine.

(3) The Director shall, where the Director rejects an application
under subsection (2), inform the applicant accordingly and give
reasons for the rejection.

64. The Minister may, on the advice of the Director and in
consultation with the Minister responsible for trade and industry,
by statutory instrument, regulate the import or export of any forest
produce and such regulations may incorporate the requirements of
the Convention on International Trade in Endangered Species of
Flora and Fauna.

122 No. 4 of 2015] Forests

Renewal of
licence or
permit

Regulations
on import
and export of
forest
produce

65. (1) The Director shall keep and maintain a Register of all
the licences and permits issued under this Act.

(2) The Register referred to in subsection (1) shall be kept at
the offices of the Department and shall be open to inspection by
the public at such times and on such conditions, including the payment
of a fee for inspection, as the Director may determine.

(3) A person may, upon payment of the prescribed fee, request
a copy of a licence or permit of any person or a copy or extract of
any other particulars from the Register to be certified by the
Director.

(4) Any document purporting to be an extract or copy of an
entry in the Register and duly certified to be a true copy or extract
under the hand of the Director shall be received in evidence as to
the matter stated therein in any legal proceedings.

PART VII
MARKING OF TIMBER

66. (1) The Director shall approve such timber marking
hammer or instrument for the marking of timber for the purposes
of this Act.

(2) The Director may, on application by a person in the
prescribed manner and form, issue a licence for the manufacture
of a timber marking hammer or instrument of the Director or for
any other person licenced under this Act, subject to such conditions
as the Director shall determine.

(3) Notwithstanding subsection (1), the holder of a licence for
the manufacture of a timber marking hammer or instrument may,
subject to the approval of the Director, use such timber marking
hammer or instrument for the purpose of identification.

(4) The timber marking instrument of a holder of a licence
under this Act and a licence issued under subsection (2) shall be
registered by the Director.

67. (1) A person who is not a forest officer who possesses or
uses the Department’s timber marking instrument commits an
offence.

(2) A person who is not the owner of a timber marking
instrument who uses the timber marking hammer or instrument
commits an offence.

Forests [No. 4 of 2015 123

Register of
licences and
permits

Licence for
manufacture
and use of
timber
marking
hammer
or instrument

Prohibition
of use of
Department’s
or other
licensee’s
timber
marking
hammer or
instrument

68. A marking made on any timber or tree stump by a timber
marking hammer or other instrument shall not be altered, defaced,
obliterated or removed without the consent of the owner of the
tree stump or timber and the consent of a forest officer.

69. All timber being exported shall be hammer marked in such
manner as the Director may determine.

PART VIII
THE FOREST DEVELOPMENT FUND

70. (1) There is established the Forest Development Fund.

(2) The Fund shall consist of—
(a) such monies as Parliament may approve for purposes of

the Fund;
(b) voluntary contributions to the Fund from any person;
(c) grants from any source within or outside Zambia, with the

approval of the Minister; and
(d) interest arising out of any investment of the Fund.

(3) The monies of the Fund shall be used for—
(a) the management of forest re-generation and tree planting

in degraded areas;
(b) the development and management of forests and trees to

achieve a sound ecological balance;
(c) the promotion of community-based forestry management

practices;
(d) research in the forestry sector; and
(e) any other matter connected with forest management and

development as may be prescribed.

71. The Fund shall be vested in the Minister responsible for
finance and shall be managed and administered by the Department.

72. The Fund shall be audited every year by the Auditor-
General.

73. The Minister shall cause to be prepared an annual audited
statement of income and expenditure with respect to the Fund which
shall be laid by the Minister before the National Assembly.

124 No. 4 of 2015] Forests

Alteration
and
obliteration
of marks on
timber or
tree stumps

Marking of
timber for
export

Establishment
of Fund

Administration
and
management
of Fund

Auditing of
Fund

Statement of
income and
expenditure

PART IX
ENFORCEMENT

74. (1) Subject to, and for the purposes of this Act, an
authorised officer may—

(a) at any reasonable time, enter upon and inspect any land,
building, premises or conveyance, where any forest
produce, major forest produce or protected flora may
be found or processed, for the purposes of inspection
and data collection;

(b) demand from any person the production of a licence or
permit for an act done or committed by that person in a
forest area or in relation to any forest produce for which
a licence is required under this Act;

(c) require any person found within a forest area who has in
that person’s possession any forest produce to give an
account of the manner in which the person came in
possession of the forest produce and where the account
given is not satisfactory, arrest and take that person
before a court;

(d) open and examine any container, conveyance, package
or wrapping suspected to contain any forest produce,
major forest produce or protected flora to ensure
phytosanitary compliance;

(e) inspect any forest produce, major forest produce or
protected flora destined for import into or export from
Zambia to determine whether the consignment is
phytosanitary compliant;

(f) inspect and examine any conveyance which the authorised
officer has reasonable grounds to believe is transporting
any forest produce, major forest produce or protected
flora to ensure phytosanitary compliance;

(g) require the person in charge of any conveyance entering
Zambia to furnish a list of the names of all persons in
the conveyance and such other prescribed information
which is within the power of such person to furnish;

(h) search any person whom the authorised officer has
reasonable grounds to believe is carrying any forest
produce or protected flora or carrying out activities
contrary to this Act;

Forests [No. 4 of 2015 125

Powers of
authorised
officer

(i) require any person to produce for inspection any forest
produce, protected flora, document, appliance, article,
device or anything in relation to or in connection with
which, the authorised officer has reason to believe, an
offence has been committed or is likely to be committed;

(j) seize any forest produce, major forest produce, protected
flora, appliance, equipment, device or material in
connection with which an offence appears to have been
committed;

(k) seize and detain any livestock found in a forest area
without permit;

(l) take all reasonable steps to prevent the commission of an
offence under this Act;

(m) apply or order the application of measures which are
necessary or prescribed for the control or prevention of
the spread of plant diseases;

(n) destroy or order the destruction at any time of any forest
produce, major forest produce, protected flora which is
diseased, moved or used contrary to the provisions of
this Act;

(o) order the adoption of measures prescribed to ensure the
protection of forests and protected flora; and

(p) seize or order the seizure of a conveyance carrying any
forest produce, major forest produce or protected flora
in contravention of this Act or any other law.

(2) An owner of any land, building, premises or conveyance
shall afford an authorised officer access to the land, building,
premises or conveyance and shall give such information and provide
such reasonable assistance as the authorised officer may require
for the purposes of data collection and carrying out an inspection.

(3) An authorised officer may, in the performance of any
functions under this section, be accompanied and assisted by a
police officer.

(4) An authorised officer may, in the course of an inspection
carried out under this section—

(a) subject to subsection (7), seize, recall, destroy, detain or
otherwise dispose of any forest produce, major forest
produce or protected flora or order that any such action
be taken at the expense of the owner;

126 No. 4 of 2015] Forests

(b) obtain any sample of any forest produce, major forest
produce or protected flora as the authorised officer
considers necessary;

(c) order any person to produce for inspection, or for purposes
of obtaining extracts or copies, any book, document or
other information concerning any matter relevant to
the administration of this Act;

(d) suspend one or more activities or temporarily, partially or
completely close inspected premises; and

(e) suspend or withdraw any permit or licence issued under
this Act.

(5) Where an authorised officer detains, disposes of or destroys
any forest produce, major forest produce or protected flora under
subsection (1) or (4), the authorised officer shall, as soon as is
practicable, notify, in writing, the owner of the forest produce, major
forest produce or protected flora of the steps taken and the reasons
therefor.

(6) Where any forest produce, major forest produce or
protected flora or conveyance is infected or is suspected of being
infected with any disease or any forest produce, major forest
produce, protected flora or conveyance has been introduced into
any place in Zambia without the permit required for that introduction,
or having been introduced under a permit is moved or dealt with
otherwise than in accordance with that permit, an authorised officer
may make such order as the authorised officer considers necessary
for all or any of the following purposes:

(a) direct that such forest produce, major forest produce,
protected flora or conveyance be seized or detained;

(b) subject to subsection (7), direct that such forest produce,
major forest produce, protected flora or conveyance be
disposed of or destroyed; or

(c) direct that such forest produce, major forest produce,
protected flora or conveyance be dealt with in such
manner as is considered necessary to prevent the spread
of any disease.

(7) Notwithstanding anything to the contrary contained in this
section, an authorised officer shall not order the destruction of
protected flora which is not diseased.

Forests [No. 4 of 2015 127

(8) A person who contravenes an order made pursuant to this
section commits an offence and is liable, upon conviction, to a fine
not exceeding three hundred thousand penalty units or to
imprisonment for a period not exceeding three years, or to both.

(9) Where a person fails or refuses to do anything which that
person is required to do under an order made under this section, an
authorised officer may do or cause such thing to be done.

(10) The cost of anything which an authorised officer does or
causes to be done under subsection (8) shall be recoverable by the
Director from the person who failed or refused to comply with the
order.

(11) The Government shall not be liable for any loss or damage
which occurs to any property during an act of seizure by an
authorised officer or whilst the property is detained under this Act
unless the authorised officer caused the damage negligently,
maliciously or fraudulently.

75. (1) An authorised officer may, for the purposes of this
Act—

(a) take or cause to be taken from any forest produce, major
forest produce or protected flora, any sample or
specimen;

(b) take or cause to be taken from any land, building, premises
or conveyance, any sample or specimen; and

(c) apply such other tests as the authorised officer considers
necessary.

(2) An authorised officer, may for the purpose of obtaining
statistics of forest produce, major forest produce or protected flora,
weigh, measure and check any protected flora, and any person in
charge of the forest produce, major forest produce or protected
flora shall, on demand being made to that person by an authorised
officer, produce that forest produce, major forest produce or
protected flora to the authorised officer for that purpose.

76. (1) An authorised officer may arrest a person, without
warrant, where the authorised officer has reasonable grounds to
believe that the person—

(a) has committed an offence under this Act;
(b) is about to commit an offence under this Act and there is

no other way to prevent the commission of the offence;
or

128 No. 4 of 2015] Forests

Power to
carry out
tests and
take
statistics

Arrest
without
warrant

(c) is wilfully obstructing the authorised officer in the execution
of the officer’s duties.

(2) An authorised officer who makes an arrest under subsection
(1) shall, without undue delay, have the person arrested brought to
a police station.

77. A person who—
(a) willfully delays or obstructs an authorised officer in the

carrying out of the officer’s duties under this Act;
(b) knowingly or negligently gives an authorised officer false

or misleading information; or
(c) impersonates or falsely represents oneself to be a forest

officer or to be a person acting under an authorised
officer’s orders;

commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both.

78. An authorised officer may demand from any person
engaged in doing or causing to be done anything for which a licence
or permit is required under this Act to produce the licence or permit,
and if that person fails to produce the licence or permit, restrain
that person and the employees and agents of that person from
doing such thing until the licence or permit is produced.

79. (1) An authorised officer may take such measures and
do such acts for preventing the commission of an offence as the
authorised officer may consider necessary for purposes of this
Act.

(2) Without prejudice to the generality of subsection (1), an
authorised officer may—

(a) inspect forest produce, and for the purpose of detecting
pests or disease, expose the roots of plants, remove bark
or cut any part of forest produce or open any container
or package or wrapping suspected to contain the forest
produce liable to harbour the pests or diseases;

(b) order the application of measures which are necessary or
prescribed for the eradication or prevention of the spread
of a pest or disease in accordance with the Plant, Pests
and Diseases Act;

(c) order the destruction at any time of any forest produce
infested with any harmful agent, pest or disease; and

Forests [No. 4 of 2015 129

Obstruction
of authorised
officer

Demanding
production
of licence or
permit

Prevention
of offences

Cap. 233

(d) declare a nursery, plantation or any part of a forest estate
with a pest or disease or such portion thereof as an
infected area until such time as the nursery or portion
thereof is free from the pest or disease.

80. (1) Subject to subsection (2), an authorised officer may,
where the authorised officer suspects that a person has committed
an offence or is in possession of any forest produce in respect of
which an offence has been committed, with a warrant—

(a) enter upon and inspect the land, buildings, tents, structures
or enclosures on or in which the forest produce which is
the subject of an offence may be found; or

(b) search any baggage, package, parcel, vehicle, vessel or
tent under the control of that person or the employee or
agent of that person.

(2) Notwithstanding subsection (1), a private dwelling shall not
be entered into except in the presence of the occupier or person
over the apparent age of eighteen years who resides in the private
dwelling as a member of the occupier’s family.

81. (1) The Director of Public Prosecutions may, at the
request of the Director, in writing, appoint by name or rank a forest
officer to undertake and prosecute criminal proceedings in respect
of any offence alleged to have been committed by any person in
contravention of this Act.

(2) A forest officer shall, in undertaking or prosecuting any
proceedings under subsection (1), act in accordance with the general
or special instructions of the Director of Public Prosecutions and
shall, for the purpose of the prosecutions, have the powers of a
public prosecutor appointed under the National Prosecutions
Authority Act, 2010.

82. Where there is reason to believe that an offence has been
committed, any major forest produce felled, cut, collected or removed
contrary to the provisions of this Act and any tools, instruments,
plants, machinery, equipment, vehicles and other property suspected
of having been used in the commission of the offence may be
seized by an authorised officer and detained until an order of the
court is made regarding the disposal thereof.

83. (1) The Director shall, where any person from whom
any forest produce or other property has been seized under section
eighty-two is found not guilty or the proceedings against that person
are withdrawn—

130 No. 4 of 2015] Forests

Search with
warrant

Prosecution
by officers

Act No. 34
of 2010

Seizure of
property

Forfeiture
and
restoration
of property

(a) without unnecessary delay, restore the forest produce or
property to that person; or

(b) where the Director is satisfied that the person cannot be
found or is unwilling to receive back the forest produce
or property, apply to the court for an order of forfeiture
of the forest produce or property.

(2) The court shall not make an order of forfeiture under
subsection (1) unless—

(a) the Director has given notice, by publication in the Gazette
and in one daily newspaper of general circulation in
Zambia, to the effect that the forest produce or property
which has been seized under this Act shall vest in the
State if it is not claimed within three months from the
date of publication of the notice; and

(b) three months after the giving of the notice under paragraph
(a), the forest produce or property remains unclaimed.

(3) Where a claim is made, in writing, by any person that is
lawfully entitled to the forest produce or property seized under this
Act that the forest produce or property is not liable to forfeiture
under this Act, the Director may order the release of the forest
produce or property to the claimant if satisfied that there is no
dispute concerning the ownership of the forest produce or property
and that it is not liable to forfeiture.

(4) The Director shall refer a claim to the High Court where a
claim of ownership is made in relation to forest produce or property
seized under this Act and the Director finds that—

(a) there is dispute regarding the ownership of the forest
produce or property;

(b) there is insufficient evidence to determine the ownership
of the forest produce or property; or

(c) the Director is unable to ascertain whether the forest
produce or property is liable to forfeiture or not.

84. (1) Where there is a fire, other than any controlled fire
started by or on the authority of a forest officer, or in the case of an
accident or emergency likely to endanger a National Forest or Local
Forest, every person of not less than eighteen years of age resident
within ten kilometres of the boundary of the National or Local
Forest shall assist a forest officer who demands aid from the person
in extinguishing the fire or averting the danger.

Forests [No. 4 of 2015 131

Assistance
in
extinguishing
fire

(2) It shall be a condition of a licence or permit that in the
event of an outbreak of fire in a National Forest, Local Forest or
any other land in which forest produce is being cut, carried or
stored under a licence or permit, a licensee or permit holder shall,
when called upon to do so by a forest officer, provide employees,
tools, plant, machinery and equipment which the licensee or permit
holder may have in the vicinity of the forest or land to assist in
extinguishing the fire, and the licensee or permit holder may be
paid such consideration therefor as the Minister may prescribe, by
statutory instrument.

(3) The consideration under this section shall not be paid if the
fire was, in the opinion of the Director, occasioned willfully by, or
through the carelessness or neglect of, the licensee or permit holder
or the employees or agents of the licensee or permit holder.

PART X
OFFENCES AND PENALTIES

85. An authorised officer who willfully or negligently permits
the removal of unmarked produce from a coupe commits an offence.

86. (1) A person shall not, without a licence or permit—
(a) fell, cut or work any major forest produce;
(b) fell, cut, work, take, collect or remove any major forest

produce in or from any State Land, customary area or
open area; or

(c) sell, offer for sale, barter or otherwise deal in any major
forest produce from any State Land, customary area or
open area.

(2) A person who contravenes subsection (1) or (2) commits
an offence.

(3) This section does not apply to a person who within any
State Land, customary area or open area—

(a) is the owner of the land and is in possession of a valid
licence or permit authorising the licensee or permit holder
to do any of the prohibited acts;

(b) has obtained the permission of the owner to do so and is
in possession of a valid licence or permit authorising
that person to do the prohibited act; or

(c) is an authorised officer acting under instructions in
performing the authorised officer’s functions under this
Act.

132 No. 4 of 2015] Forests

Offences by
authorised
officers

Prohibition
of removal,
felling,
cutting,
collecting,
etc. of major
forest
produce
without
licence or
permit

87. (1) Subject to the other provisions of this Act, a person
who, not being a holder of a licence or permit under this Act,
manufactures wood into charcoal or offers for sale, sells or removes
charcoal in or from any State Land or customary area commits an
offence.

(2) This section does not apply to a person who, within the
State land, customary area or open area—

(a) is in possession of a valid licence or permit authorising the
licensee or permit holder to do the act or to manufacture
charcoal;

(b) has obtained the permission of the owner of the land to do
so and is in possession of a valid licence or permit
authorising that person to manufacture charcoal and do
any such act; or

(c) is an authorised officer acting under instructions in
performance of that officer’s functions under this Act.

88. A person who willfully destroys major forest produce
commits an offence.

89. A person who knowingly receives or is in possession of
any forest produce in respect of which an offence has been
committed commits an offence.

90. A person who imports or attempts to import any forest
produce without an import permit issued under this Act commits an
offence.

91. A person who exports or attempts to export any forest
produce without an export permit issued under this Act commits an
offence.

92. A person who willfully mixes forest produce marked by
the Department with unmarked forest produce contrary to the
provisions of this Act commits an offence.

93. A person who, without being authorised under this Act to
do so, alters, defaces, obliterates or removes any stamp, mark or
sign placed upon forest produce or upon a tree stump by a forest
officer commits an offence.

Forests [No. 4 of 2015 133

Restrictions
on
manufacture
of charcoal

Destruction
of major
forest
produce

Illegal
possession
of forest
produce

Import of
forest
produce

Export of
forest
produce

Mixing of
marked
forest
produce with
unmarked
forest
produce

Defacing of
mark on
forest
produce

94. A person who, without being authorised under this Act to
do so, removes, damages or defaces any boundary mark, beacon,
notice, fence or gate posted or erected by or on the authority of a
forest officer commits an offence.

95. (1) A person who, without being authorised to do so, makes
upon or fixes to any forest produce the mark of the Department to
purport that the forest produce has been inspected or measured or
to indicate that the forest produce may lawfully be cut or removed
commits an offence.

(2) A person who counterfeits any timber marking hammer or
instrument of the Department or of a person authorised under this
Act or counterfeits any mark made by the timber marking hammer
or instrument commits an offence.

96. A person who, being liable under section eighty-four to
render assistance in the case of a fire, accident or other danger in
a forest area, refuses or fails to do so without reasonable excuse
when called upon by an authorised officer commits an offence.

97. Subject to any other written law, a person who intentionally
damages any plant, machinery, equipment, road, track, tramway,
bridge, water installation, power line, telephone line, drain or other
infrastructure in a forest area commits an offence.

98. A person who, without authority, wears or is in possession
of any uniform or part of a uniform or any badge, mark or identity
document issued by or on behalf of the Director to be worn or
possessed by an authorised officer commits an offence.

99. A person who commits an offence under this Act for which
a penalty is not provided is liable, upon conviction—

(a) if the offence was committed within, or in connection
with, a forest area, to a fine not exceeding one hundred
thousand penalty units or to imprisonment for a term not
exceeding two years, or to both; and

(b) in all other cases, to a fine not exceeding thirty thousand
penalty units or to imprisonment for a term not exceeding
six months, or to both.

134 No. 4 of 2015] Forests

Removal,
damage, etc,
of boundary
mark

Illegal fixing
of
Departmental
mark

Failure to
assist with
extinguishing
fire in forest
area, etc

Malicious
damage to
infrastructure
in forest area

Unauthorised
possession
or use of
uniform or
identity of
authorised
officer

General
penalty

100. (1) An authorised officer may, where satisfied that a
person has committed an offence for which the penalty does not
exceed one hundred thousand penalty units or where a person has
admitted the commission of an offence under this Act for which
the penalty does not exceed one hundred thousand penalty units,
summarily demand from the person the payment of a fine not
exceeding fifty thousand penalty units in respect of the offence.

(2) An authorised officer shall, where the authorised officer
demands a payment under subsection (1), inform the person against
whom the demand is made of the right to admit or dispute the
liability.

(3) A person from whom payment of a fine has been demanded
under subsection (1) may elect to admit liability and pay the fine or
dispute liability.

(4) The payment of a fine shall operate as a bar to any further
criminal proceedings against the person making the payment in
respect of the offence concerned.

(5) An authorised officer who receives payment of a fine shall
give a receipt to the person making the payment in such form as
may be prescribed.

(6) An authorised officer who receives a payment under this
section and—

(a) fails to issue a receipt to the person making the payment
as required under subsection (5);

(b) fails to account for any payment made under this section;
or

(c) in any manner, misuses or puts to personal use any payment
made under this section;

commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both.

101. (1) The court may, where a person is convicted of an
offence, in addition to any other penalty provided for in this Act—

(a) order the cancellation of the licence or permit held by
that person;

(b) assess the amount of compensation for the loss or damage
caused by that person in the commission of the offence
and cause the compensation to be recovered from that
person as if it were a debt due and payable to the
Government;

Forests [No. 4 of 2015 135

Additional
powers of
court

Payment of
fine without
appearing in
court

(c) order the removal or demolition, within such time as the
court may determine, of any unauthorised buildings,
structures, plant, machinery, equipment, crops and other
works set up or grown by that person, and the
restoration, as far as practicable, of all areas and things
to their former state, and if the removal, demolition and
restoration is not effected within the time fixed by the
court, the Director shall cause it to be done and the cost
incurred shall be recovered by the Director from the
convicted person; or

(d) order the confiscation or forfeiture of any forest produce
in respect of which the offence was committed and of
any livestock, tools, plant, machinery, equipment, vehicles
or other property used in the commission of the offence.

(2) The Director may sell or otherwise dispose of any property
confiscated or forfeited under subsection (1) and handed over to
the Director by order of the court and any moneys received from
the sale or disposal of the property shall be paid into the general
revenues of the Republic.

102. (1) Nothing in this Act shall be construed as taking away
or interfering with the right of the Republic or any person to sue for
and recover, at common law or otherwise, compensation for or in
respect of any damage or injury caused by the commission of an
offence.

(2) The court shall, in assessing the compensation take into
account the amount of any compensation recovered under section
one hundred and one.

103. Where in any proceedings under this Act the question
arises whether any forest produce is the property of the Republic,
it shall be presumed to be the property of the Republic unless the
contrary is proved.

104. Where in any proceedings under this Act it becomes
necessary for an authorised officer to produce in evidence any
forest produce and, in the opinion of that authorised officer,
production of the whole of the forest produce would be
impracticable or involve unnecessary expense or undue delay, it
shall be sufficient for the authorised officer to produce in the court
any piece or sample of the forest produce.

136 No. 4 of 2015] Forests

Civil remedy
reserved

Evidence

Exhibits

PART XII
GENERAL PROVISIONS

105. (1) The Minister may, by statutory instrument, prescribe
anything which by this Act is required to be prescribed or is
necessary for the carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1),
regulations made under that subsection may provide for—

(a) the survey and demarcation of National Forests and Local
Forests;

(b) the protection and management of flora in forest areas
and open areas;

(c) the development and implementation of forest management
plans by the Department and local communities, joint
forest management committees, Chiefs and other
stakeholders;

(d) the form of participation of local communities and Chiefs
which ensures equitable gender participation;

(e) the registers for forest management plans, licences and
permits;

(f) the establishment of commercial plantations and woodlots;
(g) the marking of timber from private forests and the

conveyance fees to be paid for the timber;
(h) the utilisation, conservation and planting of trees on State

Land, customary areas and open areas;
(i) the prohibition and regulation of the cutting and taking of

forest produce;
(j) the management of Local Forests by local communities,

Chiefs, local authorities and other stakeholders;
(k) the implementation of international agreements to which

Zambia is a State Party;
(l) the sharing of forest revenue with local communities;
(m) the fees to be paid for licences and permits issued under

this Act;
(n) carbon stock management;
(o) the regulation of beekeeping; and
(p) the administration and management of the Fund.

Forests [No. 4 of 2015 137

Regulations

106. The Forests Act, 1999, is repealed.

107. (1) The Forestry Department shall, on the
commencement of this Act, continue to be a Department of the
Government.

(2) For the avoidance of doubt, a person who was an officer
or employee of the Department before the commencement of this
Act shall continue to be an officer or employee of the Department.

(3) The service of the persons referred to in subsection (2)
shall be treated as continuous service.

(4) Nothing in this Act affects the rights and liabilities of any
person employed in the Department before the coming into operation
of this Act.

138 No. 4 of 2015] Forests

Repeal of
Act No. 7 of
1999

Savings and
transitional
provisions

SCHEDULE
(Section 40)

CONTENT OF A MANAGEMENT PLAN

1. The conservation of biological diversity taking into account all other
users of the forest resources

2. The protection of ecosystem and species, including the species which
indicate the health of an ecosystem

3. The designation of nature reserves and areas of stabilisation of watersheds

4. Designation of areas for agro-forestry, traditional agriculture and recreation
areas to provide buffer zones to National and Local Forests

5. Commercial timber production and commercial agriculture on the edges of
National and Local Forests

6. Afforestation and reafforestation

7. The restoration and rehabilitation of degraded ecosystems

8. The requirements for a forest monitoring system and carbon stock
assessment

9. The requirements of environmental impact assessments under the
Environmental Management Act, 2011

10. The use of traditional knowledge and practices conducive to the rational
utilisation of forest resources and the conservation of biological diversity and the
equitable sharing of benefits arising from the use of such knowledge with the
affected local communities

11. The designation of sites for social amenities for the local communities

12. The designation of areas for the protection of relics and other national
heritage

13. Re-investment in the forestry sector including in the welfare of local
communities

Forests [No. 4 of 2015 139

140