Forests Act, 1973 (Chapter 199)
Zambia
Forests Act, 1973
Chapter 199
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Commenced on 23 September 1974
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This Act may be cited as the Forests Act. In this Act, unless the context otherwise requires—"Chief Conservator" means the Chief Conservator of Forests appointed under section four and includes any person for the time being acting as, or performing the duties of, the Chief Conservator of Forests;"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 felling or taking of forest produce, whether the boundaries thereof are demarcated on the ground or not;"Customary area" has the meaning assigned thereto by section two of the Lands Act;[Cap. 184]"demarcated forest" includes National Forest and Local Forest;"divisional forest officer" means a person for the time being holding appointment as such in the Forest Department;"domestic animal" includes any horse, donkey, mule, camel, cow, sheep, pig, goat or domestic fowl;"firewood", unless otherwise defined on any licence, 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 fuel;"Forest Department" means the Forest Department of the Government;"forest offence" means an offence under this Act;"forest officer" means the Chief Conservator of Forests, the Deputy Chief Conservator of Forests, a Conservator of Forests, an Assistant Conservator of Forests, a Forester, a Forest Ranger or Forest Guard, and any public officer appointed to be the director, manager or foreman of any plantation, forest, sawmill or depot under the control of the Forest Department, and any person designated or recognised by the Chief Conservator as a forest officer for the purposes of this Act;"forest produce" includes bamboos, bark, bedding, bees, beeswax, boards, branchwood, canes, caterpillars, charcoal, chips, climbers, cones, coppice, creepers, earth, fibres, flowers, fruits, fuelwood, fungi, gills, grass, gums, hives, honey, honeycomb, humus, insects, leaves, lichens, litter, logs, moss, mushrooms, nursery plants, peat, planks, plants, poles, reeds, resin, roots, rubber, rushes, sap, sawdust, scantlings, seed, seedlings, slabs, stumps, thatch, thinnings, timber, trees, vegetable-derived oils, vegetable-derived pitch, vegetable-derived tar, and wood spirits;"forest revenue" means the appropriate revenue head and subhead under which revenue received in terms of this Act is brought to account, or, when authorised by the Minister of Finance, the appropriate expenditure vote to which such revenue is credited in aid of such vote;"forest settlement officer" means any public officer appointed as such under section eleven;"honorary forest officer" means any person appointed as such under section seven;"licence" means a permit or authorisation in writing issued under this Act by a forest officer or other person generally or specially authorised to do so by the Chief Conservator; and "licensee" shall be construed accordingly;"local authority" means a city council, municipal council, township council or district council within the meaning of the Local Government Act;[Cap. 281]"Local Forest" means any area declared to be a Local Forest under section seventeen;"major forest produce" means any tree or part thereof other than leaves, flowers, fruits and seeds;"National Forest" means any area declared to be a National Forest under section eight;"pole", unless otherwise defined on any licence, means all sound and reasonably straight parts of a tree which are one point two metres (1.2 m) or more long and which are not more than thirty centimetres (30.0 cm) in maximum diameter over bark;"protected tree" means any kind or category of tree declared to be a protected tree under section twenty-five;"provincial forest officer" means any person for the time being holding appointment as such in the Forest Department;"public road" means any road of a class described in section three of the Roads and Road Traffic Act;[Cap. 464]"river" includes lakes, streams, canals and other channels, whether natural or artificial;"State Lands" means all lands in Zambia other than former Reserves and Trust Land, except National Forests and Local Forests and land the freehold or leasehold of which is vested in any person;"timber", unless otherwise defined on any licence, 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 (1.2 m) or more long and thirty centimetres (30.0 cm) or more in minimum diameter under bark;"timber concession" means a licence issued for a period of at least one year to a person to cut and take timber from a defined area or areas of forest or to cut a certain number of trees or volume of timber;"trees" includes bushes, climbers, coppice, palms, reshoots, saplings, seedlings and shrubs of all ages and of all kinds and any part thereof. For avoidance of doubt, it is hereby declared that the ownership of all trees standing on, and all forest produce derived from, the State Lands, Customary areas, National Forests and Local Forests is vested in the President on behalf of the Republic, until lawfully transferred or assigned under this Act or any other written law. There shall be a Deputy Chief Conservator of Forests, who shall be a public officer and who shall exercise such powers and perform such duties as are delegated to him by the Chief Conservator and shall be responsible to the Chief Conservator for the exercise of such functions and duties. Subject to the provisions of section nine, 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 or part thereof shall cease to be a National Forest or that the boundaries of any National Forest shall be altered or extended. Where any area proposed to be declared a National Forest under section eight lies within the jurisdiction of a local authority, it shall not be declared to be a National Forest unless the local authority has been consulted:Provided that such consultation shall not be necessary in the case of any area which was immediately before the commencement of this Act a Forest Reserve or Protected Forest Area under the Forests Act, Chapter 311 of the Revised Edition. The President may, by purchase or by compulsory acquisition under the Lands Acquisition Act, acquire any land for the purposes of a National Forest, if he considers it necessary or desirable in the public interest so to do.[Cap. 189] Subject to the provisions of this Act and of any other written law, all land comprised in a National Forest shall be used exclusively for the conservation and development of forests with a view to securing supplies of timber and other forest produce, providing protection against floods, erosion and desiccation and maintaining the flow of rivers:Provided that the Minister may, where in his opinion public interest so demands, authorise the use of any specified part of such land for any other purpose. Subject to the provisions of this Act, the control and management of National Forests shall be the responsibility of the Chief Conservator, and shall, subject to the general and special directions of the Minister, be exercised by, and in the name of, the Chief Conservator. Notwithstanding anything to the contrary contained in this Act, the Chief Conservator shall not prohibit or restrict the exercise or enjoyment of any rights, easements or profits which have been specified in a statutory instrument made under subsection (5) of section eleven. Nothing in this Act shall be so construed as to prevent or restrict the granting, under any written law, for any purpose not inconsistent with the provisions of this Act, of any right, title or interest in or in relation to any area of land comprised in a National Forest:Provided that the Minister may impose such conditions on the exercise and enjoyment of any such right, title or interest as are not inconsistent with the nature thereof. No person shall without a licence do any of the following acts in a National Forest: Subject to the provisions of section eighteen, 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 thereof shall cease to be a Local Forest or that the boundaries of any such forest shall be altered or extended. Where any area proposed to be declared a Local Forest under section seventeen lies within the jurisdiction of a local authority, it shall not be declared to be a Local Forest unless the local authority has been consulted:Provided that such consultation shall not be necessary in the case of any area which was immediately before the commencement of this Act a Forest Reserve or Protected Forest Area under the repealed Forests Act. The President may, by purchase or by compulsory acquisition under the Lands Acquisition Act, acquire any land for the purpose of a Local Forest, if he considers it necessary or desirable in the public interest so to do.[Cap. 189] The provisions of section eleven shall, mutatis mutandis, apply to any Local Forest as they apply to a National Forest. Subject to the provisions of this Act and of any other written law, all land comprised in a Local Forest shall be used exclusively for the conservation and development of forests with a view to securing supplies of timber and affording protection to land and water supplies in the local area. Subject to the provisions of this Act, the control and management of Local Forests shall be the responsibility of the Chief Conservator and shall, subject to the general and special directions of the Minister, be exercised by and in the name of the Chief Conservator:Provided that the Minister may, by statutory instrument, assign the control and management of any Local Forest to any other person or authority subject to such conditions as he may think fit. Nothing in this Act shall be so construed as to prevent or restrict the granting under any written law, for any purpose not inconsistent with this Act, of any right, title or interest in or relation to any area of land comprised in a Local Forest:Provided that the Minister may impose such conditions on the exercise and enjoyment of any such right, title or interest as are not inconsistent with the nature thereof. The provisions of section sixteen shall, mutatis mutandis, apply to a Local Forest as they apply to a National Forest, as if a Local Forest were a National Forest:Provided that the President may, by statutory instrument, permit in a Local Forest the doing of any of the acts prohibited under that section. Whenever the Minister thinks that any kind or category of trees should for any reason be generally conserved, he may, by statutory instrument, declare such kind or category of tree to be a protected tree in the whole of Zambia or any part thereof. No person shall without a licence fell, cut, fashion, burn, injure, take or remove any protected tree, except in or from any land vesting in any person as freehold or leasehold. so that wauton or unnecessary destruction of major forest produce results.[As amended by Act No. 15 of 1981] Save and in so far as it is permissible, under this Act or any other written law so to do, no person shall without a licence manufacture wood into charcoal or offer for sale, sell or remove charcoal in or from any State Lands or Customary area. Subject to the provisions of this Act, the control and management of the licensed felling, cutting, taking and removal of major forest produce on State Lands and Customary area shall vest in the Chief Conservator and shall, subject to the general and special directions of the Minister, be exercised by and in the name of the Chief Conservator:Provided that in the case of any State Lands or Customary area lying within the area of a local authority, the Minister may assign the control and management of licensed felling, cutting, taking and removal of major forest produce in or from such land to the local authority, subject to such conditions, if any, as he may think fit. Save as otherwise provided in this Act, any person who cuts or takes or otherwise deals in any forest produce or does any other act the doing of which requires a licence, except under, and in accordance with the conditions of, a licence, shall be guilty of an offence. The Minister may by regulation prescribe the fees to be paid for the various kinds of licences and fix the prices at which various kinds of forest produce shall be sold; and different fees may be prescribed and different prices fixed in different areas. All felling, cutting, taking, conversion and other operations performed under a licence shall be carried out in such manner as to cause the least possible waste of, or damage to, trees and forest produce, and the licensee shall be liable to pay such value of the trees or any forest produce damaged or wasted as may be assessed by the Chief Conservator. A licence or any rights conferred thereby shall not be transferred or assigned by the licensee to any other person without the written consent of the forest officer who issued the licence or of a forest officer of equivalent or higher rank. A licensee may, not later than thirty days after his being notified under subsection (2) of section thirty-seven of the suspension of his licence, appeal in writing against the order of suspension— and the decision of the appellate authority thereon shall be final. A licensee may, not later than thirty days after his being notified under subsection (2) of section thirty-nine of the cancellation of his licence, appeal in writing against the order of cancellation— and the decision of the appellate authority thereon shall be final. On the cancellation of a licence, any forest produce belonging to the licensee and lying within the licence area shall become the property of the Republic, subject, however, to the result of the appeal, if any, made under section forty. A forest officer authorised to issue a licence may, on the expiry of the licence, grant an extension of the same for such period and on such conditions as he may think fit. A licence shall not, unless contrary intention is expressly stated thereon, grant any exclusive right, or confer on the licensee any right to compensation for any works or improvements effected by him, or for any loss suffered by him as a result of the suspension or cancellation of the licence, or for inability of the licensee to take away any produce within the period of the validity of the licence, or for any damage to, or loss of, any produce before its removal from the licence area or coupe. Unless contrary intention is expressly stated on the licence, rights under a licence shall not extend to— [As amended by Act No. 15 of 1981][Cap. 201] All forest produce derived from the operations of a licensee, except the produce which the licensee is authorised by the licence to take, shall remain the property of the Republic. A licensee shall, when so requested by a forest officer, furnish such information concerning his operations, conversion, processing, transport, sale, manufacture, export or use of the forest produce as the forest officer may reasonably require. A licensee shall keep such records and submit such returns as may be prescribed by regulation. No forest produce cut or taken under a licence shall, unless a forest officer by endorsement on the licence or by separate writing otherwise permits, be removed from any coupe until the produce has been measured or checked by a person authorised by a forest officer and has been marked by such person with the imprint of a Government timber marking hammer or instrument or any other mark. All forest produce cut or taken under a licence shall, unless a forest officer by endorsement on the licence or by separate writing otherwise permits, be removed from the coupe before the date of the expiry of the licence; and the forest produce not removed before such date shall become the property of the Republic:Provided where the licence is subsequently extended, the produce may, at the discretion of the Chief Conservator, be restored to the licensee. Unless the contrary intention is expressed on the licence, any forest produce covered by the licence shall not be removed from the licence area or sold, pledged, charged or otherwise disposed of, unless full fees payable in respect of the licence have been paid, and until then the forest produce shall remain the property of the Republic. No person shall without a licence manufacture, possess or use any timber marking hammer or instrument. No person other than the Chief Conservator or a forest officer authorised by him in writing in that behalf shall possess or use a Government timber marking hammer or other Government timber marking instrument. No mark made on any timber or tree stump by a timber marking hammer or other instrument shall be altered, defaced, obliterated or removed without the consent of the owner of the tree or timber and the concurrence of a forest officer. A person shall be guilty of an offence, if he— and shall upon conviction be liable— [As amended by Act No. 13 of 1994] to "police officer" or "prescribed officer" shall be deemed to include the Chief Conservator and such forest officer any may be authorised in that behalf by the Chief Conservator.[As amended by Act No. 15 of 1981 and Act No. 13 of 1994][Cap. 88] Nothing in this Act shall be so construed as to take away or interfere with the right of the Republic or of any person to sue for and recover at common law or otherwise compensation for or in respect of any damage or injury caused by a forest offence:Provided that in assessing such compensation the court shall take into account the amount of any compensation recovered under section fifty-six. Whenever 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 be proved. Where in any proceedings under this Act it becomes necessary for a forest officer or police officer to produce in evidence any forest produce and, in the opinion of such officer, production of the whole of such produce would be impracticable or involve unnecessary expense or undue delay, it shall be sufficient for such officer to produce in the court any piece or sample of the forest produce. A forest officer or police officer may demand from any person engaged in doing or causing to be done anything for which a licence is required under this Act to produce the licence, and, if such person fails to produce the licence, restrain such person and his employees and agents from doing such thing until the licence is produced. A forest officer or police officer may take such measures and do such acts for preventing the commission of a forest offence as he may deem necessary, and in so doing use reasonable force. Whenever any forest officer or police officer suspects that any person has been guilty of a forest offence or is in possession of any forest produce in respect of which such an offence has been committed, he may search, without a warrant, any baggage, package, parcel, vehicle, vessel, tent, building or enclosure under the control of such person or his employee or agent:Provided that no private dwelling-house shall be entered save in the presence of the occupier thereof or of a person over the apparent age of eighteen years who resides therein as a member of the occupier's family. Where there is reason to believe that a forest offence has been committed, any forest produce involved in the offence and all livestock, tools, instruments, plant, machinery, equipment, vehicles and other property suspected of having been used in the commission of the offence may be seized by any forest officer or police officer and detained until an order of the court as to the disposal thereof is made. If any person from whose possession any forest produce or other property has been seized under section sixty-four is found not guilty, or the proceedings against him are withdrawn, the Chief Conservator shall, without unnecessary delay, restore such produce or property to such person:Provided that the Chief Conservator shall, if he is satisfied that such person cannot be found or is unwilling to receive back such produce or property, dispose of such produce or property, and the moneys received from such disposal shall be paid into forest revenue. The Republic shall not be liable for any loss or damage caused to any property in the course of its seizure or during its detention, and no forest officer or police officer shall be liable for any such loss or damage, unless he shall have caused the same negligently, maliciously or fraudulently. Nothing in this Act shall affect the rights of the holder of a prospecting licence, exploration licence or mining licence to take forest produce in accordance with the provisions of the Mines and Minerals Act.[Cap. 213]Part I – Preliminary
1. Short title
2. Interpretation
Part II – Administration
3. Ownership of trees and forest produce
4. Chief Conservator of Forests
5. Deputy Chief Conservator of forests
6. Other forest officers
7. Honorary forest officers
Part III – National Forests
8. Establishment of National Forests
9. Consultation with local authority
10. Acquisition of land
11. Rights in National Norests
12. Purpose of National Forests
13. Control and management of National Forests
14. Exercise of rights, etc.
15. Grant of right, title or interest in National Forests
16. Restrictions in a National Forest
Part IV – Local Forests
17. Establishment of Local Forests
18. Consultation with local authority
19. Acquisition of land
20. Rights in Local Forests
21. Purpose of Local Forests
22. Control and management of Local Forests
23. Grant of right, title or interest in Local Forests
24. Restrictions in a Local Forest
Part V – Protected trees
25. Declaration of protected trees
26. Restrictions concerning protected trees
Part VI – Major forest produce
27. Purpose of conserving trees on State Lands, and Customary area
28. Restrictions on the manufacture of charcoal
29. Restrictions in State Lands, and Customary area
30. Control and management
Part VII – Licences
31. Restrictions on cutting, etc., forest produce
32. Fees and prices
33. Delegation of authority to Chief Conservator
34. Issue of licences
35. Damage and waste by licensee
36. Transfer of licence
37. Suspension of licence
38. Appeal against suspension
39. Cancellation of licence
40. Appeal against cancellation of licence
41. Ownership of forest produce on cancellation of licence
42. Extension of licence
43. No exclusive right unless stated and no right of compensation
44. Limitations of licences
45. Produce to which licensee is entitled
46. Supply of information
47. Licensee's records and returns
Part VIII – Removal of forest produce
48. Produce to be measured and marked before removal
49. Time limit for removal of forest produce
50. Restrictions on charging of forest produce
Part IX – Marking of timber
51. Restrictions concerning timber marking instruments
52. Issue of licence for the manufacture and use of timber marking instruments
53. Government timber marking hammers
54. Alteration and defacement of marks on timber or tree stumps
Part X – Forest offences, penalties and forfeitures
55. Offences and penalties
55A. Admission of guilt
56. Additional powers of the court
57. Civil remedy reserved
58. Evidence
59. Exhibits
Part XI – Powers of forest officers
60. Demanding production of licence
61. Prevention of offences
62. Search without warrant
63. Arrest without warrant
64. Seizure of property
65. Restoration of seized property
66. Loss of, or damage to seized property
67. Calling for assistance in extinguishing fires
Part XII – General
68. Regulations
69. Rights under Mines and Minerals Act
70. Repeal and saving Cap. 311 of the old edition