Forests (Community Forest Management) Regulations, 2018

Statutory Instrument 11 of 2018

Forests (Community Forest Management) Regulations, 2018

Citation: Statutory Instrument 11 of 2018
Primary work: Forests Act, 2015
Date: 23 February 2018
Language: English
Publication: Download PDF (160.5 KB)

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Zambia

Forests Act, 2015

Forests (Community Forest Management) Regulations, 2018

Statutory Instrument 11 of 2018

Published in Government Gazette Supplement 6645 on 23 February 2018
Assented to on 14 February 2018
Commenced on 23 February 2018
[This is the version of this document from 23 February 2018.]

IN EXERCISE of the powers contained in section 105 of the Forests Act, the following Regulations are made:

1. Title

These Regulations may be cited as the Forests (community Forest Management) Regulations, 2018.

2. Interpretation

In these regulations, unless the context otherwise requires—“community forest management group” has the meaning assigned to the words in the Act;“community resource board” has the meaning assigned to the words in the Wildlife Act, 2015;[Act No. 14 of 2015]“Director” means the person appointed as Director of Forestry under the Act;“local authority” has the meaning assigned to the words in the Local Government Act;[Cap. 281]“major forest produce” has the meaning assigned to the words in the Act;“minor forest produce” has the meaning assigned to the words in the Act;“Local Forest” has the meaning assigned to the words in the Act; and“open area” has the meaning assigned to the words in the Act.

3. Promotion of Community forest management areas

A local authority shall, for forests within the jurisdiction of that local authority, identify, support and encourage local communities to apply to the Director for control, use and management of areas of forests for purposes of social, cultural and economic needs.

4. Forest areas eligible for community forest management

(1)Subject to these Regulations, community forest management may be applied in—

(a)open areas;

(b)local Forests; and

(c)Game Management Areas.

(2)Despite subregulation (1), the Director in consultation with the Minister may consider Community forest management in any other type of forest.

(3)An area proposed for community forest management shall be free of a forest concession or sawmilling licence.

5. Members of community forest management group

A community forest management group shall consist of individuals who are citizens who reside in the community area and have resided in the area at least for 2 years.

6. Application for recognition as a community forest management group

(1)A community forest management group may apply to the Director for recognition in Form I set out in the schedule.

(2)An application for recognition of a community forest management group shall require—

(a)prior consultations with local users and other right holders of the proposed forest; and

(b)the consent of local traditional leaders.

(3)An application for recognition shall be accompanied by—

(a)a sketch map of the proposed location and area to be established as a community forest;

(b)community forest management group constitution including list of the elected representatives of the group;

(c)consent of the Chief of the area to recognise the applicants as a community forest management group through endorsement of the application or map signifying such consent; and

(d)a statement of intent for the proposed area indicating a balance between forest protection and management, development, utilisation and forest enterprise development in Form I set out in the Schedule.

(4)The Director may request further information in Form II set out in the Schedule.

7. Rejection of recognition of community forest management group

(1)The Director shall reject an application for a community forest management group where the applicants fail to meet the requirements specified in the application form.

(2)Where an application is rejected under sub regulation (1), the Director shall notify the applicant of the reasons for the rejection in Form III set out in the Schedule.

8. Recognition of community forest management group

(1)The Director shall, where the applicants meet the requirements referred to in regulation 6, recognise a group as a community management group.

(2)Where the Director fails to respond to an application for recognition of a forest management group within 21 days from the time it was lodged, the application shall be considered approved and the group recognised.

9. Rights and responsibilities upon submission of an application for recognition of a community forest management group

(1)The community forest management area shall be for the exclusive use of the local community represented by the community forest management group unless an application for recognition is rejected by the Director.

(2)The Director shall, where a community forest management group is not recognised in accordance with regulation 8, not issue a licence or permit for a proposed community forest area.

(3)The community forest management groups shall—

(a)protect and restrict access to the community forest area by persons not part of the community;

(b)control restricted activities within the identified community forest area; and

(c)report forestry related offences to the forest officer.

10. Assessment of potential user rights

(1)A recognised community forest management group shall carry out field appraisals and socio economic survey in the targeted community forest in order to conduct an assessment on the potential user rights by the community and other users of the targeted community forest.

(2)The local authority and Director shall assist the community forest management group in conducting an assessment referred to in sub-regulation (1).

11. Application for Community Forest Agreement

(1)A recognised community forest management group under regulation 8 shall within 90 days of recognition enter into a community forest agreement in Form IV set out in the Schedule.

(2)The Director may revoke recognition of a community forest management group where an application has not been received within the period specified in Form IV.

(3)An application to enter into a community forest management agreement shall be accompanied by—

(a)a community forest map showing the boundary of the community forest that has been consented to or signed by representatives of concerned neighbouring communities, Ward Development Committees, and the Chiefs within the area proposed for community forest management; and

(b)a community forest management plan which is in accordance with sustainable forest management principles that includes a set of community rules and measures that support proper management of the community forest.

(4)The community forest agreement shall, specify the right to issue community permits and collect revenue for products specified in the community forest management plan.

(5)The Director may request further information in Form II set out in the Schedule.

12. Entry into or rejection of an application for community forest agreement

(1)The Director shall, within 60 days of receipt of an application under regulation 11, approve or reject an application for community forest agreement.

13. Approval of application

Where the Director approves an application for community forest agreement, the approval shall be by notice in form VI set out in the Schedule.

14. Rejection of application

Where the Director rejects an application for community forest agreement, the rejection shall be in Form III set out in the Schedule.

15. Appeals

A group of persons aggrieved by the decision of the Director may—

(a)within thirty days from the date of receipt of the decision of the Director, appeal to the Minister responsible for forestry; and

(b)within thirty days from the date of receipt of the decision of the Minister, appeal to the High Court.

16. Assistance with control of restricted activities

(1)The community forest management groups shall assist the Director to control restricted activities within an established community forest area.

(2)A recognised community forest management group shall select members to be appointed as Honorary forest officers in accordance with the Forests Act, 2015.[Act No. 4 of 2015]

17. Assignment of rights under community forest agreement

(1)Where a community forestry management group intends to assign some or all of its rights under a community forestry agreement to any other person or group, the group shall apply to the Director for the transfer of rights in Form VII set out in the Schedule.

(2)The person or group being assigned the rights shall be subjected to requirements of the approved community forest agreement and additional conditions specified in the Schedule.

(3)The community forest management group and the persons to be assigned rights shall specify the benefits sharing arrangements.

(4)The Director may request further information in Form II set out in Schedule.