CHAPTER 199
FORESTS ACT

Arrangements of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Ownership of trees and forest produce

PART II
THE ZAMBIA FORESTRY COMMISSION

   4.   Establishment of Commission

   5.   Functions of Commission

   6.   Director-General

   7.   Secretary and other staff of Commission

   8.   Appointment of forest officers and honorary forest officers

PART III
NATIONAL FORESTS

   9.   Establishment of National Forest

   10.   Continuation of existing 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.   Grant of right, title or interest in National Forest

   16.   Restrictions in National Forest

PART IV
LOCAL FORESTS

   17.   Establishment of Local Forests

   18.   Continuation of existing Local Forest

   19.   Acquisition of land for Local Forest

   20.   Purpose of Local Forest

   21.   Rights in Local Forest

   22.   Control and management of Local Forests

   23.   Grant of right, title or interest in Local Forest

   24.   Restrictions in Local Forest

PART V
JOINT FOREST MANAGEMENT

   25.   Declaration of Joint Forest Management Area

   26.   Forest Management Committee

   27.   Functions of Forest Management Committee

   28.   Financial provisions

PART VI
MANAGEMENT PLANS AND CONSERVATION ORDERS

   29.   Preparation of management plans

   30.   National and local inquiries

   31.   Consultation with holders of rights, title or interest in National Forest, Local Forest or Joint Forest Management Area

   32.   Management plan to be published in Gazette

   33.   Registration of management plans

   34.   Management plan binding on registration

   35.   Conservation orders

PART VII
PROTECTED FLORA

   36.   Declaration of protected flora

   37.   Recovery plans for protected flora

PART VIII
MAJOR FOREST PRODUCE IN STATE LANDS AND CUSTOMARY AREA

   38.   Purpose of conserving trees on State Lands and Customary areas

   39.   Restrictions on manufacturing of charcoal

   40.   Removal, etc. of major forest produce

   41.   Control and management in State Lands and Customary areas

PART IX
LICENSES

   42.   Restriction on cutting, etc., forest produce

   43.   Licenses

   44.   Fees for licenses

   45.   Delegation to Director-General

   46.   Issue of licenses and conditions of licenses

   47.   Damage and waste by licensee

   48.   Transfer of license

   49.   Suspension of license

   50.   Cancellation of license

   51.   Appeal against cancellation of license

   52.   Ownership of forest produce on cancellation of license

   53.   Extension of license

   54.   No exclusive right unless stated and no right of compensation

   55.   Limitations of licenses

   56.   Supply of information

   57.   Licensees record and returns

PART X
REMOVAL OF FOREST PRODUCE

   58.   Removal of forest produce

   59.   Mixing of marked forest produce with unmarked an offence

   60.   Offences of forest officer

PART XI
IMPORT AND EXPORT OF FOREST PRODUCE

   61.   Import of forest produce

   62.   Certificate to import forest produce

   63.   Offence of importing forest produce without certificate

   64.   Export of forest produce

   65.   Certificate to export forest produce

   66.   Offences of exporting forest produce without permit

   67.   Application

   68.   Regulations on import and export of forest products

PART XII
MARKING OF TIMBER

   69.   Issue of license for manufacture and use of timber marking instrument

   70.   Use of Commissions or other licensees timber marking hammer instrument prohibited

   71.   Alteration and defacement of marks on timber or tree stumps

   72.   Timber for export to have marks

PART XIII
POWERS OF FOREST OFFICERS AND LAW ENFORCEMENT OFFICERS

   73.   Demanding production of license

   74.   Prevention of offences

   75.   Search with warrant

   76.   Power of arrest

   77.   Prosecutions by officers

   78.   Seizure of property

   79.   Restoration of property

   80.   Loss of, or damage to seized property

   81.   Calling for assistance in extinguishing fires

PART XIV
FOREST OFFENCES, PENALTIES AND FORFEITURES

   82.   Offences and penalties

   83.   Payment of fine without appearing in court

   84.   Additional powers of court

   85.   Civil remedy reserved

   86.   Evidence

   87.   Exhibits

PART XV
GENERAL

   88.   Power to make regulations

   89.   Repeal and Savings

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish the Zambia Forestry Commission and define its functions; to provide for the establishment of National Forests, Local Forests and joint forest management areas; to provide for the participation of local communities, traditional institutions, non-governmental organisations and other stakeholders in sustainable forest management; to provide for the conservation and use of forests and trees for the sustainable management of forest ecosystems and biological diversity; to provide for the implementation of the 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 and the Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, particularly in Africa; to repeal the Forests Act, 1973; and to provide for matters connected with or incidental to the foregoing.

[8th October, 1999]

Act 7 of 1999.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Forests Act.

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“appointed date” means the date appointed by the Minister under section 1;

“biological diversity” means the variability among living organisms from all sources including, inter alia, genetically modified living organisms, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part;

“Commission” means the Zambia Forestry Commission established under section 4;

“Committee” means the Forest Management Committee constituted under section 26;

“concession” means a concession license issued under section 43;

“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 thereof are demarcated on the ground or not;

“court” means a subordinate court or the High Court;

“customary areas” has the meaning assigned to it under section 2 of the Lands Act;

“demarcated forest” means a National Forest, a Local Forest, a joint management forest area and a forest plantation;

“Director-General” means the Director-General of the Commission appointed under section 6;

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

“ecosystem” means a dynamic complex of living organisms and their non-living environment interacting in a functional unit;

“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 fuel;

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

“Forest Department” means the Forest Department of the Government;

“forest development fund” means the fund constituted by the Commission under section 5 comprising revenue from the forest revenue fund and any other source to support wood processing industries and other programmes in the forest sector;

“forest offence” means an offence under this Act;

“forest officer” means the Director-General of the Commission or any other officer appointed by the Commission under section 8;

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

“Forest Revenue Fund” means the fund established by the Commission under section 5 for revenue received from forest produce under this Act;

“Game Management Area” means an area of land declared a Game Management Area under the Zambia Wildlife Act;

“honorary forest officer”,means the person appointed honorary forest officer under section 8;

“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 therefrom;

“joint forest management area” means an area declared a joint forest management area under section 25;

“law enforcement officer” means an officer in the Zambia Police Force, a wildlife police officer, an officer of the Anti-Corruption Commission or an officer of the Drug Enforcement Commission;

“license” means a permit or authorization in writing issued by the Commission under this Act; 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;

“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 area;

“Local Forest” means any area declared to be a Local Forest under section 17;

“major forest produce” means any tree or part thereof other than leaves, flowers, fruits and seeds;

“member” means a member of the Commission appointed under paragraph 1 of the First Schedule;

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

“National Forest” means any area declared to be a National Forest under section 9;

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

“National Park” means an area declared a National Park under the Zambia Wildfire Act;

“open area” means an area outside Local Forests, National Forests, National Parks, Game Management Areas and National Monuments;

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

“protected flora” means any kind or category of flora declared to be protected under section 36;

“public road” means any road of a class described in section 3 of the Roads and Road Traffic Act;

“rail reserve” means the area of land approved for the construction or operation of a railway under the Railway Act;

“repealed Act” means the Forest Act 1973;

“river” includes lakes, streams, canals and other channels whether natural or artificial;

“saw” includes a hand tool having a toothed blade or any power driven device with 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;

“secretary” means the secretary of the Commission appointed under section 7;

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

“State Lands” means all lands in Zambia other than customary areas, National Forests and Local Forests and land the freehold or leasehold which is vested in any person;

“traditional authority” means a Chief recognised under the Chiefs Act or a traditional institution;

“traditional institution” means any institution recognised under African Customary law to service the Chief or local community in any area;

“timber” unless otherwise defined on any license, 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 more long and thirty centimetres or more in minimum diameter under bark; and

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

 

3.   Ownership of trees and forest produce

The ownership of all trees standing on, and all forest produce derived from, customary areas. National Forests, Local Forests, State Lands 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.

PART II
THE ZAMBIA FORESTRY COMMISSION

 

4.   Establishment of Commission

   (1) There is hereby established the Zambia Forestry Commission which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may by law do or perform.

   (2) The First Schedule applies to the Commission.

 

5.   Functions of Commission

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

   (2) Without prejudice to the generality of sub-section (1), the functions of the Commission shall be to—

      (a)   advise the Government on areas required to be protected as National Forests, Local Forests or by other means of protection;

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

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

      (d)   collect, compile and disseminate information on forest resource in an area and advise on areas requiring afforestation and protection of flora threatened or in danger of extinction;

      (e)   establish and promote the establishment of forest plantation;

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

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

      (h)   conduct or support studies on national forest 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, agroforestry, agriculture and forest products at national, regional and local levels;

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

      (k)   issue licenses and permits under this Act;

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

      (m)   establish a Forest Revenue Fund comprising of moneys obtained from licenses and permits issued, concessions granted and services rendered in connection with forest produce;

      (n)   establish a forest development fund for the promotion and support of wood processing industry, afforestation and refforestation programmes within the forest sector;

      (o)   advise the Minister on regulations required to ensure the conservation and sustainable use of forest resources;

      (p)   pay out such money from a forest revenue fund into a fund established by a Joint Forest Management Committee from the use of forest resources within an area of a Committee as the Minister shall prescribe by regulations after consultations with the Commission;

      (q)   develop mechanisms for monitoring and evaluating forest resources in the Republic;

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

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

      (t)   purchase any land for the purposes of this Act;

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

      (v)   register private forest plantations.

   (3) The Commission may, subject to such terms and conditions as it may consider fit, delegate in writing any of its functions under this Act to any committee of the Commission, the Director-General, any member or to the Secretary.

   (4) The Minister may give to the Commission such general or special directions with respect to the discharge of its functions as the Minister may consider necessary and the Commission shall give effect to such directions.

 

6.   Director-General

   (1) The Commission shall, with the approval of the Minister, appoint a Director-General who, subject to the control of the Commission, shall be the chief executive of the Commission and shall be responsible for the general administration of the affairs of the Commission.

   (2) The terms and conditions of service of the Director-General shall be determined by the Commission with the approval of the Minister.

   (3) The Director-General shall attend the meetings of the Commission and may attend any meeting of any committee established by the Commission and may address such meetings, but shall not vote on any matter:

Provided that the person presiding at any meeting may, for good cause, require the Director-General to withdraw from the meeting.

   (4) The provisions of paragraph 7 of the First Schedule shall apply, with necessary modification, to the Director-General.

 

7.   Secretary and other staff of Commission

   (1) There shall be a Secretary to the Commission who shall be appointed by the Commission, on such terms and conditions as the Commission may, with the approval of the Minister, determine.

   (2) The Secretary shall be responsible for the administration of the day to day affairs of the Commission under the general supervision of the Director-General.

   (3) The Commission may appoint such other staff as it considers necessary for the performance of its functions under this Act on such terms and conditions as the Commission may, with the approval of the Minister, determine.

 

8.   Appointment of forest officers and honorary forest officers

   (1) The Commission shall appoint such number of forest officers as are necessary or conducive to the better performance of its functions under this Act.

   (2) The Commission shall, with the approval of the Minister, determine the terms and condition of service of the forest officers appointed under sub-section (1).

   (3) A forest officer shall perform the functions specified by or under this Act or as are assigned to the officer by the Director-General.

   (4) The Commission may, by Gazette notice, appoint any person to be an honorary forest officer for a period not exceeding three years and may in the like manner renew such appointment.

   (5) The Commission may, by Gazette notice, revoke any appointment made under sub-section (4).

   (6) The appointment of an honorary forest officer may be—

      (a)   general so as to empower the honorary forest officer to perform functions in any part of the Republic including any National Forest or Local Forest; or

      (b)   limited so as to empower the honorary forest officer to perform functions in a part of the Republic or in a National Forest, Local Forest or other area specified in the notice of appointment.

   (7) Subject to the provisions of this Act and the terms of the notice of appointment, an honorary forest officer shall discharge the functions and perform the duties of a forest officer, except the executive functions of the Director-General.

PART III
NATIONAL FORESTS

 

9.   Establishment of National Forest

   (1) Subject to the provision of sub-section (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 or part thereof shall cease to be a National Forest or that the boundaries of any National Forest shall be altered or extended.

   (2) Where any area proposed to be declared to be a National Forest under sub-section (1) 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.

 

10.   Continuation of existing National Forest

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

 

11.   Acquisition of land for National Forest

The President may, on the recommendation of the Commission, by compulsory acquisition under the Lands Acquisition Act, acquire any land for the purposes of a National Forest, as may be necessary or desirable in the public interest so to do.

 

12.   Purpose of National Forest

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

      (a)   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 any other written law.

 

13.   Rights in National Forest

   (1) The President may, if satisfied that any right, easement or profit may reasonably be claimed over any area declared or recommended to be declared a National Forest under section 9, direct the Commission to enquire into and determine the existence, nature and extent of such rights, easements or profits.

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