Zambia Act or statute

Zambia legislation

Forests Act, 1973

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Jurisdiction: Zambia
Structure: 70 provisions
Citation: Act 39 of 1973
Dates: Legal dates not recorded

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“This provision says the Act may be cited as the Forests Act.”

This provision says the Act may be cited as the Forests Act. This section defines key terms used in the Act. Ownership of trees and forest produce on the listed lands is vested in the President on behalf of the Republic, until lawfully transferred or assigned. The Chief Conservator of Forests is responsible for carrying out this Act and may delegate functions and duties to the Deputy Chief Conservator of Forests or another forest officer, subject to the Act and the Minister’s directions. A Deputy Chief Conservator of Forests must be a public officer and carry out powers and duties delegated by the Chief Conservator.

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Short title .................................................................................................................................................................................................... 1

This provision says the Act may be cited as the Forests Act.

Section 1

Consultation with local authority .................................................................................................................................................... 6

An area in a local authority’s jurisdiction cannot be declared a Local Forest unless that local authority has been consulted, except for certain pre-existing Forest Reserve or Protected Forest Area land.

Section 18

Transfer of licence ................................................................................................................................................................................. 9

A licensee must not transfer or assign a licence, or rights under it, to anyone else without written consent from the issuing forest officer or a forest officer of equal or higher rank.

Section 36

Alteration and defacement of marks on timber or tree stumps ........................................................................................ 12

Marks on timber or tree stumps must not be altered, defaced, obliterated, or removed unless the owner consents and a forest officer concurs.

Section 54

Repeal and saving Cap. 311 of the old edition ....................................................................................................................... 17

The Forest Act is repealed, but certain existing licences continue in force after commencement as if issued under this Act.

Section 70

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Showing 70 of 70 provisions

Provision 41Repeal 15Offence 9Commencement 3

Part

Part I – Preliminary

§ 1Short title .................................................................................................................................................................................................... 1Short title

This provision says the Act may be cited as the Forests Act.

1. Short title This Act may be cited as the Forests Act.

Section 1Verify source

§ 2Interpretation ............................................................................................................................................................................................. 1Repeal

This section defines key terms used in the Act.

2. Interpretation 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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Forests Act, 1973 (Chapter 199) Zambia Repealed "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; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Forests Act, 1973 (Chapter 199) Zambia Repealed "trees" includes bushes, climbers, coppice, palms, reshoots, saplings, seedlings and shrubs of all ages and of all kinds and any part thereof. Part II – Administration

Section 2Verify source

Part

Part II – Administration

§ 3Ownership of trees and forest produce ........................................................................................................................................... 3Provision

Ownership of trees and forest produce on the listed lands is vested in the President on behalf of the Republic, until lawfully transferred or assigned.

3. Ownership of trees and forest produce 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.

Section 3Verify source

§ 4Chief Conservator of Forests ............................................................................................................................................................... 3Provision

The Chief Conservator of Forests is responsible for carrying out this Act and may delegate functions and duties to the Deputy Chief Conservator of Forests or another forest officer, subject to the Act and the Minister’s directions.

4. Chief Conservator of Forests (1) There shall be a Chief Conservator of Forests, who shall be a public ofﬁcer and who shall be responsible for the carrying out of the provisions of this Act. (2) Subject to the provisions of this Act and to the general or special directions of the Minister, the Chief Conservator may delegate any of his functions and duties under this Act to the Deputy Chief Conservator of Forests or to any other forest ofﬁcer.

Section 4Verify source

§ 5Deputy Chief Conservator of Forests ................................................................................................................................................ 3Provision

A Deputy Chief Conservator of Forests must be a public officer and carry out powers and duties delegated by the Chief Conservator.

5. Deputy Chief Conservator of Forests 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.

Section 5Verify source

§ 6Other forest ofﬁcers ................................................................................................................................................................................ 3Provision

The Minister may तयermine how many other forest officers there are, and those officers are public officers unless they fall within the stated exception. Forest officers other than the Chief Conservator and Deputy Chief Conservator must carry out the powers and duties given to them under the Act or by the Chief Conservator.

6. Other forest ofﬁcers (1) There shall be such number of other forest ofﬁcers (who shall be public ofﬁcers) as the Minister may determine: Provided that any person designated or recognised by the Chief Conservator as forest supervisor, forest patrolman, forest watchman or timber checker need not be a public ofﬁcer. (2) A forest ofﬁcer other than the Chief Conservator and Deputy Chief Conservator shall exercise such powers and perform such duties as are conferred or imposed upon him by or under this Act or are assigned to him by the Chief Conservator.

Section 6Verify source

§ 7Honorary forest ofﬁcers .......................................................................................................................................................................... 3Repeal

The Minister may appoint, renew, or revoke honorary forest officers by statutory instrument, and those officers must perform forest officer duties within the scope of their appointment.

7. Honorary forest ofﬁcers (1) The Minister may, by statutory instrument, appoint any person to be an honorary forest ofﬁcer for a period of not exceeding three years and, on the expiry of each such period, may, in like manner and for like duration, renew such appointment. (2) The Minister may, at any time, by statutory instrument, revoke any appointment or renewed appointment made under subsection (1). (3) The appointment of an honorary forest ofﬁcer may be— (a) general, whereby the honorary forest ofﬁcer is empowered to act as such in any part of the Republic including any National Forest or Local Forest; or (b) limited, whereby any honorary forest ofﬁcer is empowered to act as such in such part of the Republic or in such National Forest, Local Forest or other area as is speciﬁed in the instrument of his appointment. (4) Subject to the provisions of this Act and to the terms of the instrument of his appointment, every honorary forest ofﬁcer shall discharge the functions and perform the duties of a forest ofﬁcer. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Forests Act, 1973 (Chapter 199) Zambia Repealed Part III – National Forests

Section 7Verify source

Part

Part III – National Forests

§ 8Establishment of National Forests .................................................................................................................................................... 4Provision

The President may, by statutory instrument, declare land in the Republic to be a National Forest, end that status, or change its boundaries, subject to section 9.

8. Establishment of National Forests 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.

Section 8Verify source

§ 9Consultation with local authority ...................................................................................................................................................... 4Commencement

A National Forest cannot be declared for an area within a local authority unless that local authority has been consulted.

9. Consultation with local authority 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.

Section 9Verify source

Part

Chapter 311 of the Revised Edition.

§ 10Acquisition of land ................................................................................................................................................................................ 4Provision

The President may acquire land for a National Forest by purchase or compulsory acquisition if it is considered necessary or desirable in the public interest.

10. Acquisition of land 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]

Section 10Verify source

§ 11Rights in National Norests ................................................................................................................................................................. 4Repeal

The President may appoint an officer to investigate claimed rights in a National Forest, and the officer may admit or reject claims. Some admitted rights can be commuted for money, but forest-management restrictions do not require payment, and unlisted rights are generally not recognised.

11. Rights in National Norests (1) The President may, if he is satisﬁed that rights, easements or proﬁts may reasonably be claimed over any area declared or proposed to be declared a National Forest under section eight, appoint a public ofﬁcer as a forest settlement ofﬁcer, or make such other arrangements as he may deem ﬁt, to inquire into and determine the existence, nature and extent of such rights, easements or proﬁts. (2) A forest settlement ofﬁcer or other person appointed under subsection (1) may, after proper inquiry, either admit in whole or in part, or reject any such claim as is referred to in subsection (1) as seems just to him in the circumstances: Provided that for the purposes of this section the practice of shifting cultivation shall not be deemed to be a right. (3) Where it appears to a forest settlement ofﬁcer or other person appointed under subsection (1) that it is expedient or desirable to commute in whole or in part, any right, easement or proﬁt admitted under subsection (2), he shall assess the amount of money payable to the holder of such right, easement or proﬁt for commutation thereof: Provided that no amount shall be payable on account of any restrictions or prohibitions imposed in the interest of forest management on the exercise or enjoyment of any right, easement or proﬁt relating to the collecting of forest produce, hunting, ﬁshing, setting any trap, obstructing any river, pasturing any domestic animal or lighting any ﬁre. (4) Where any rights, easements or proﬁts over any area have been admitted under subsection (2) and the Chief Conservator is of the opinion that such area could be excised in whole or in part from the National Forest or proposed National Forest without materially affecting the proper management of such Forest, the President may so alter the boundaries of the National Forest or proposed National Forest as to exclude therefrom such area or part of such area. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Forests Act, 1973 (Chapter 199) Zambia Repealed (5) The rights, easements or proﬁts which have been admitted under subsection (2) and have not been commuted under subsection (3) shall, unless the area on or in relation to which such rights, easements or proﬁts have been admitted has been excluded from the National Forest under subsection (4), be speciﬁed in a statutory instrument; and save for the rights, easements or proﬁts so speciﬁed and the mining rights, no rights, easements or proﬁts shall be recognised on or in relation to any land comprised in a National Forest.

Section 11Verify source

§ 12Purpose of National Forests .............................................................................................................................................................. 5Provision

Land in a National Forest must be used only for forest conservation and development, unless the Minister authorises another use in the public interest.

12. Purpose of National Forests 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.

Section 12Verify source

§ 13Control and management of National Forests ........................................................................................................................... 5Provision

The Chief Conservator is responsible for controlling and managing National Forests, subject to the Act and the Minister’s general and special directions.

13. Control and management of National Forests 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.

Section 13Verify source

§ 14Exercise of rights, etc. ......................................................................................................................................................................... 5Provision

The Chief Conservator must not prohibit or restrict the exercise or enjoyment of specified rights, easements, or profits.

14. Exercise of rights, etc. 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.

Section 14Verify source

§ 15Grant of right, title or interest in National Forests .................................................................................................................. 5Provision

This section says the Act does not stop rights, title, or interests in National Forest land from being granted under other written law, and the Minister may attach conditions.

15. Grant of right, title or interest in National Forests 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.

Section 15Verify source

§ 16Restrictions in a National Forest ..................................................................................................................................................... 5Repeal

In a National Forest, no person may do the listed activities unless they have a licence, with a narrow exception for travellers on a public road for one entry rule.

16. Restrictions in a National Forest No person shall without a licence do any of the following acts in a National Forest: (a) fell, cut, fashion, burn, injure, take, collect or remove any forest produce; (b) squat, camp, reside, build or excavate, or construct or use any enclosure, or construct, reopen or use any road other than a public road, or erect or operate any plant, machinery or equipment; (c) ﬁre any tree, undergrowth, grass or forest produce, or assist in lighting any ﬁre, or allow any ﬁre lit by himself or his employees or agents to enter a National Forest; (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 in or upon any National Forest in any manner or for any purpose contrary to an order made by the Chief Conservator and published in the Gazette, unless he is a traveller on a public road; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Forests Act, 1973 (Chapter 199) Zambia Repealed (g) (h) (i) 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 comb, honey or beeswax, or be in or upon any National Forest for the purpose of collecting any bees, comb, honey or beeswax; collect any caterpillars or enter or be in or upon any National Forest for the purpose of collecting any caterpillars; 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; (j) deposit or negligently allow to fall over or on such National Forest any rubbish or debris. Part IV – Local Forests

Section 16Verify source

Part

Part IV – Local Forests

§ 17Establishment of Local Forests ......................................................................................................................................................... 6Provision

The President may, by statutory instrument, declare land to be a Local Forest, stop an area from being a Local Forest, or change its boundaries, subject to section 18.

17. Establishment of Local Forests 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.

Section 17Verify source

Part

part thereof shall cease to be a Local Forest or that the boundaries of any such forest shall be altered or

§ 18Consultation with local authority .................................................................................................................................................... 6Commencement

18. Consultation with local authority 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.

Section 18Verify source

§ 19Acquisition of land ................................................................................................................................................................................ 6Provision

The President may acquire land for a Local Forest, by purchase or compulsory acquisition, if it is considered necessary or desirable in the public interest.

19. Acquisition of land 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]

Section 19Verify source

§ 20Rights in Local Forests ........................................................................................................................................................................ 6Provision

Section 11 applies to Local Forests, with necessary changes, as it applies to National Forests.

20. Rights in Local Forests The provisions of section eleven shall, mutatis mutandis, apply to any Local Forest as they apply to a National Forest.

Section 20Verify source

§ 21Purpose of Local Forests .................................................................................................................................................................... 6Provision

Land in a Local Forest must be used only for conserving and developing forests.

21. Purpose of Local Forests 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.

Section 21Verify source

§ 22Control and management of Local Forests .................................................................................................................................. 6Repeal

The Chief Conservator is responsible for controlling and managing Local Forests, subject to the Act and the Minister’s directions. The Minister may also assign that responsibility to another person or authority by statutory instrument, on conditions the Minister chooses.

22. Control and management of Local Forests 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Forests Act, 1973 (Chapter 199) Zambia Repealed

Section 22Verify source

§ 23Grant of right, title or interest in Local Forests ........................................................................................................................ 7Provision

The Act should not be read to stop grants of rights, title, or interests in Local Forest land under other written law, if the purpose is consistent with the Act. The Minister may set conditions on how those rights are used and enjoyed, as long as they fit the nature of the right.

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

Section 23Verify source

§ 24Restrictions in a Local Forest ........................................................................................................................................................... 7Provision

Section 16 rules apply to Local Forests too, and the President may allow prohibited acts in a Local Forest by statutory instrument.

24. Restrictions in a Local Forest 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. Part V – Protected trees

Section 24Verify source

Part

Part V – Protected trees

§ 25Declaration of protected trees .......................................................................................................................................................... 7Provision

The Minister may declare a kind or category of tree to be protected, by statutory instrument, when the Minister thinks the trees should be generally conserved.

25. Declaration of protected trees 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.

Section 25Verify source

§ 26Restrictions concerning protected trees ........................................................................................................................................ 7Provision

No person may, without a licence, fell, cut, fashion, burn, injure, take, or remove a protected tree, except on or from freehold or leasehold land.

26. Restrictions concerning protected trees 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. Part VI – Major forest produce

Section 26Verify source

Part

Part VI – Major forest produce

§ 27Purpose of conserving trees on State Lands, and Customary area ...................................................................................... 7Repeal

Major forest produce on State Lands and Customary area land must be conserved, but local inhabitants may fell trees and clear land for agricultural and other developments, and the Chief Conservator may allow disposal under a licence in some cases.

27. Purpose of conserving trees on State Lands, and Customary area (1) Major forest produce in State Lands and Customary area Land shall be conserved for the use and beneﬁt of the inhabitants of such lands: Provided that— (i) trees may be felled and land cleared by or for such inhabitants for the purposes of agricultural and other developments; and (ii) any major forest produce which, in the opinion of the Chief Conservator, is not required to be conserved or would be wasted or destroyed if left, may be disposed of under a licence. (2) A person shall be guilty of an offence if he— (a) fells, cuts or cooks any major forest produce; or (b) does any other act; so that wauton or unnecessary destruction of major forest produce results. [As amended by Act No. 15 of 1981] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Forests Act, 1973 (Chapter 199) Zambia Repealed

Section 27Verify source

§ 28Restrictions on the manufacture of charcoal .............................................................................................................................. 8Provision

A person generally must not make charcoal from wood, or sell, offer for sale, or remove charcoal, without a licence in State Lands or Customary areas.

28. Restrictions on the manufacture of charcoal 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.

Section 28Verify source

§ 29Restrictions in State Lands, and Customary area ...................................................................................................................... 8Provision

People generally need a licence to deal with major forest produce in State Lands or Customary areas, but local inhabitants have a limited by-law-based permission in some cases.

29. Restrictions in State Lands, and Customary area (1) No person shall without a licence fell, cut, work, take, collect or remove any major forest produce in or from any State Lands or Customary area: Provided that where any State Lands or Customary area lies within the area of a local authority, the inhabitants of such lands may, subject to the by-laws of the local authority, do any of the said acts, except removing major forest produce from such lands. (2) No person shall without a licence sell, offer for sale, barter or otherwise deal in any major forest produce from any State Lands or Customary area.

Section 29Verify source

§ 30Control and management ................................................................................................................................................................... 8Provision

Control of licensed forest-produce activities on State Lands and Customary areas vests in the Chief Conservator, subject to the Act and the Minister’s directions. The Minister may instead assign that control and management to a local authority in certain areas.

30. Control and management 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.

Section 30Verify source

§ 31Restrictions on cutting, etc., forest produce ............................................................................................................................... 8Offence

A person must not cut, take, deal in, or otherwise handle forest produce, or do any other act that needs a licence, unless it is done under a licence and in line with its conditions.

31. Restrictions on cutting, etc., forest produce Part VII – Licences 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.

Section 31Verify source

Part

Part VII – Licences

§ 32Fees and prices ...................................................................................................................................................................................... 8Provision

The Minister may make regulations setting licence fees and forest produce prices, and may set different fees and prices for different areas.

32. Fees and prices 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.

Section 32Verify source

§ 33Delegation of authority to Chief Conservator ............................................................................................................................. 8Repeal

The Chief Conservator may sell forest produce, negotiate and issue licences, grant exclusive rights or reduced-fee/free rights, and delegate those powers to senior forest officers.

33. Delegation of authority to Chief Conservator (1) Subject to any regulations made under this Act and to the general or special directions of the Minister, the Chief Conservator may— (a) offer produce for sale and sell by auction, tender or estimate; (b) negotiate a licence to cut and take forest produce or to do any other act requiring a licence and after negotiation issue such licence; (c) grant the exclusive right to cut or take forest produce or to do any other act requiring a licence; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Forests Act, 1973 (Chapter 199) Zambia Repealed (d) grant the right to cut or take forest produce or to do any other act requiring a licence free or at a reduced fee. (2) The Chief Conservator may delegate any authority given to him under subsection (1) to any forest ofﬁcer of or above the rank of Forester, subject to such conditions as he may think ﬁt.

Section 33Verify source

§ 34Issue of licences ..................................................................................................................................................................................... 9Offence

The Chief Conservator, and any forest officer he authorises, may issue licences and attach conditions to them.

34. Issue of licences (1) Subject to the provisions of this Act and any regulations made thereunder, the Chief Conservator and any forest ofﬁcer duly authorised by him in that behalf may issue any licence, and any licence may be made subject to such conditions as the Chief Conservator or, as the case may be, the forest ofﬁcer thinks ﬁt to impose. (2) Without prejudice to the generality of the powers contained in subsection (1), conditions attached to a licence may relate to— (a) the suspension, cancellation, termination or extension of the licence; (b) the payment of fees and penalties for non-payment of fees; (c) (d) the felling, cutting, taking, removal, conversion, processing, transport or sale of forest produce; the erection of buildings and the construction of roads, tracks, tramways, waterways, bridges, sawmills, depots and water installations; (e) the prevention and ﬁghting of ﬁres; (f) (g) the keeping of records and submission of returns by persons engaged in the cutting, taking, removal, conversion, processing, transport, sale or use of forest produce; the payment of compensation for damage to trees, growing crops, roads, tracks, paths, bridges, waterways and other improvements; (h) the making good of any damage to land.

Section 34Verify source

§ 35Damage and waste by licensee ....................................................................................................................................................... 9Provision

A licensee must carry out licensed forestry operations to avoid unnecessary waste or damage, and must pay the assessed value of any trees or forest produce damaged or wasted.

35. Damage and waste by licensee 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.

Section 35Verify source

§ 36Transfer of licence ................................................................................................................................................................................. 9Provision

A licensee must not transfer or assign a licence, or rights under it, to anyone else without written consent from the issuing forest officer or a forest officer of equal or higher rank.

36. Transfer of licence 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.

Section 36Verify source

§ 37Suspension of licence ........................................................................................................................................................................... 9Repeal

A forest officer may suspend a licence if the licensee has broken licence conditions, and must notify the licensee in writing unless the suspension is withdrawn within seven days.

37. Suspension of licence (1) The forest ofﬁcer who issued the licence or any forest ofﬁcer of or above the rank of Forest Guard may, if he is satisﬁed that the licensee has failed to comply with any of the conditions of the licence, suspend the licence until the licensee has complied with such conditions: Provided that a licence for a timber concession shall not be suspended by any ofﬁcer other than the Chief Conservator, a provincial forest ofﬁcer, a divisional forest ofﬁcer or a forest ofﬁcer specially empowered in that behalf by the Chief Conservator. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Forests Act, 1973 (Chapter 199) Zambia Repealed (2) Any forest ofﬁcer who suspends a licence under subsection (1) shall, unless the suspension is withdrawn within seven days, notify the licensee in writing of such suspension, stating therein that the licensee has a right to appeal against the suspension under section thirty-eight.

Section 37Verify source

§ 38Appeal against suspension .............................................................................................................................................................. 10Provision

A licensee may appeal a suspension in writing within 30 days of notice.

38. Appeal against suspension 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— (a) where such order was made by the Chief Conservator, to the Minister; (b) where such order was made by a provincial forest ofﬁcer, a divisional forest ofﬁcer, or a forest ofﬁcer specially empowered by the Chief Conservator, to the Chief Conservator; (c) in any other case, to the divisional forest ofﬁcer or the provincial forest ofﬁcer; and the decision of the appellate authority thereon shall be ﬁnal.

Section 38Verify source

§ 39Cancellation of licence ...................................................................................................................................................................... 10Provision

A forest officer may cancel a licence for non-compliance with licence conditions, but must notify the licensee in writing and explain the right to appeal.

39. Cancellation of licence (1) The forest ofﬁcer who issued the licence or any forest ofﬁcer of or above the rank of Forest Ranger may cancel the licence, if he is satisﬁed that the licensee has failed to comply with any of the conditions of the licence and such non-compliance cannot be adequately dealt with by suspension of the licence under section thirty-seven: Provided that a licence for a timber concession shall not be cancelled by any ofﬁcer other than the Chief Conservator, a provincial forest ofﬁcer or a divisional forest ofﬁcer or a forest ofﬁcer specially empowered in that behalf by the Chief Conservator. (2) Any forest ofﬁcer who cancels a licence under subsection (1) shall, as soon as possible after cancelling the licence, notify the licensee in writing of such cancellation, stating therein that the licensee has a right to appeal against the cancellation under section forty.

Section 39Verify source

§ 40Appeal against cancellation of licence ....................................................................................................................................... 10Provision

A licensee may appeal in writing against a licence cancellation within 30 days of notice.

40. Appeal against cancellation of licence 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— (a) where such order was made by the Chief Conservator, to the Minister; (b) in any other case, to the Chief Conservator; and the decision of the appellate authority thereon shall be ﬁnal.

Section 40Verify source

§ 41Ownership of forest produce on cancellation of licence ..................................................................................................... 10Provision

If a licence is cancelled, forest produce belonging to the licensee within the licence area becomes property of the Republic, subject to any appeal under section 40.

41. Ownership of forest produce on cancellation of licence 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.

Section 41Verify source

§ 42Extension of licence ........................................................................................................................................................................... 10Repeal

A forest officer may extend a licence when it expires, on whatever period and conditions the officer thinks fit. A licence generally does not give exclusive rights or compensation rights unless it expressly says otherwise.

42. Extension of licence 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. 43. No exclusive right unless stated and no right of compensation 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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Forests Act, 1973 (Chapter 199) Zambia Repealed 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.

Section 42Verify source

§ 44Limitations of licences ...................................................................................................................................................................... 11Amendment

A licence does not extend rights to certain excluded land areas unless the licence expressly says otherwise.

44. Limitations of licences Unless contrary intention is expressly stated on the licence, rights under a licence shall not extend to— (a) any land dedicated as a place of burial; (b) any National Park as deﬁned in the National Parks and Wildlife Act; (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 thirty metres of the bank or edge of any river, dam or lake; (f) any way-leave registered by the Commissioner of Lands. [As amended by Act No. 15 of 1981] [Cap. 201]

Section 44Verify source

§ 45Produce to which licensee is entitled ......................................................................................................................................... 11Provision

Forest produce from a licensee’s operations remains the property of the Republic, except produce the licence authorises the licensee to take.

45. Produce to which licensee is entitled 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.

Section 45Verify source

§ 46Supply of information ....................................................................................................................................................................... 11Provision

A licensee must provide information to a forest officer when requested.

46. Supply of information 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.

Section 46Verify source

§ 47Licensee's records and returns ....................................................................................................................................................... 11Provision

A licensee must keep records and submit returns as prescribed by regulation.

47. Licensee's records and returns A licensee shall keep such records and submit such returns as may be prescribed by regulation. Part VIII – Removal of forest produce

Section 47Verify source

Part

Part VIII – Removal of forest produce

§ 48Produce to be measured and marked before removal .......................................................................................................... 11Provision

Forest produce under a licence must not be removed from a coupe until it has been measured or checked and marked, unless a forest officer permits otherwise.

48. Produce to be measured and marked before removal 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.

Section 48Verify source

§ 49Time limit for removal of forest produce .................................................................................................................................. 11Provision

Forest produce taken under a licence must be removed from the coupe before the licence expires, unless a forest officer permits otherwise.

49. Time limit for removal of forest produce 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.

Section 49Verify source

§ 50Restrictions on charging of forest produce ............................................................................................................................... 11Repeal

Forest produce covered by a licence generally cannot be removed, sold, pledged, charged, or otherwise disposed of unless the licence says otherwise or the full licence fees have been paid.

50. Restrictions on charging of forest produce 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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Forests Act, 1973 (Chapter 199) Zambia Repealed fees payable in respect of the licence have been paid, and until then the forest produce shall remain the property of the Republic. Part IX – Marking of timber

Section 50Verify source

Part

Part IX – Marking of timber

§ 51Restrictions concerning timber marking instruments ............................................................................................................ 12Provision

No person may manufacture, possess, or use any timber marking hammer or instrument without a licence.

51. Restrictions concerning timber marking instruments No person shall without a licence manufacture, possess or use any timber marking hammer or instrument.

Section 51Verify source

§ 52Issue of licence for the manufacture and use of timber marking instruments ............................................................. 12Provision

The Chief Conservator, or an authorised forest officer, may issue a licence for private timber marking hammers or instruments if a person applies in the prescribed form and pays the prescribed fees.

52. Issue of licence for the manufacture and use of timber marking instruments (1) The Chief Conservator or any forest ofﬁcer authorised by him in writing in that behalf may, on the application of any person submitted in such form and on payment of such fees as may be prescribed, issue a licence for the manufacture, possession or use of a private timber marking hammer or instrument; and any such licence shall be subject to such conditions as may be speciﬁed by the Chief Conservator, or, as the case may be, the forest ofﬁcer. (2) Every licence issued under subsection (1) shall be registered in such register as may be prescribed.

Section 52Verify source

§ 53Government timber marking hammers ....................................................................................................................................... 12Provision

Only the Chief Conservator or a forest officer authorised in writing may possess or use a Government timber marking hammer or similar instrument.

53. Government timber marking hammers 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.

Section 53Verify source

§ 54Alteration and defacement of marks on timber or tree stumps ........................................................................................ 12Offence

Marks on timber or tree stumps must not be altered, defaced, obliterated, or removed unless the owner consents and a forest officer concurs.

54. Alteration and defacement of marks on timber or tree stumps 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. Part X – Forest offences, penalties and forfeitures

Section 54Verify source

Part

Part X – Forest offences, penalties and forfeitures

§ 55Offences and penalties ..................................................................................................................................................................... 12Repeal

This section lists forest-related offences and sets penalties for conviction.

55. Offences and penalties A person shall be guilty of an offence, if he— (a) (b) contravenes any of the provisions of this Act or any regulations or order made thereunder or any condition of a licence; in exercising his rights under this Act through his employees or agents, fails to give any such employee or agent such instructions as would, if followed, avoid the commission of a forest offence, and such employee or agent, due to want of such instructions, commits a forest offence; (c) knowingly receives or is in possession of any forest produce in respect of which a forest offence has been committed; (d) without being authorised under this Act so to do, makes upon or afﬁxes to any forest produce a mark used by a forest ofﬁcer to indicate that forest produce has been inspected or measured or to indicate that forest produce may lawfully be cut or removed; (e) counterfeits any timber marking hammer or instrument or counterfeits any mark made by such hammer or instrument; (f) without a licence, manufactures, possesses or uses a private timber marking hammer or instrument or contravenes any condition of a licence to manufacture, possess or use such a hammer or instrument; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Forests Act, 1973 (Chapter 199) Zambia Repealed (g) without being authorised under this Act so to do, alters, defaces, obliterates or removes any stamp, mark or sign placed upon forest produce or upon a tree stump by or under the authority of a forest ofﬁcer; (h) being liable under section sixty-seven to render assistance in the case of a ﬁre, accident or other danger in a National Forest or Local Forest, refuses or fails to do so, without reasonable excuse, when called upon by a forest ofﬁcer or police ofﬁcer; (i) without being authorised under this Act so to do, removes, damages or defaces any boundary mark, beacon, notice, fence or gate posted or erected by or on the authority of a forest ofﬁcer; (j) intentionally damages any plant, machinery, equipment, road, track, tramway, bridge, water installation, power-line, telephone-line, drain or other improvement in a National Forest or Local Forest; (k) [repealed by Act No 15 1981] (l) 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 Chief Conservator to be worn or possessed by a forest ofﬁcer; and shall upon conviction be liable— (i) if the offence was committed within, or in connection with, a National Forest, to imprisonment for a term not exceeding two years or to a ﬁne not exceeding two thousand ﬁve hundred penalty units, or to both; and (ii) in all other cases, to imprisonment for a term not exceeding six months or to a ﬁne not exceeding ﬁve hundred penalty units, or to both. [As amended by Act No. 13 of 1994]

Section 55Verify source

§ 55AAdmission of guilt ............................................................................................................................................................................ 13Repeal

If a person contravenes certain forest provisions, the contravention is punishable by a fine of up to 250 penalty units, unless the Chief Conservator or an authorised forest officer decides the case is serious enough to be charged under section 55 instead.

55A. Admission of guilt (1) Where a person contravens any of the provisions of section sixteen, twenty-four, twenty-seven or twenty-nine, then for the purpose of section two hundred and twenty-one of the Criminal Procedure Code such contravention shall, not withstanding the provisions of section ﬁfty-ﬁve, be deemed to be punishable by a ﬁne not exceeding two hundred and ﬁfty penalty units Provided that where the Chief Conservator, or a forest ofﬁcer authorised in that behalf by the Chief Conservator, is of the opinion that having regard to the seriousness of the contravention the ﬁne speciﬁed in this section would be inadequate, the person shall be charged under section ﬁfty-ﬁve, and section two hundred and twenty one of the Criminal Procedure Code shall not apply to such a contravention. [Cap. 88] (2) For the purpose of subsection (1), any reference in— (a) section two hundred and twenty-one of the Criminal Procedure Code; or [Cap. 88] (b) any statutory instrument made under that section; 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] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Forests Act, 1973 (Chapter 199) Zambia Repealed

Section 55AVerify source

§ 56Additional powers of the court ..................................................................................................................................................... 14Offence

After a forest-offence conviction, the court may cancel licences, order compensation and recovery, require removal or demolition and restoration, and confiscate property used in the offence.

56. Additional powers of the court (1) When a person has been convicted of a forest offence, the court may, in addition to any other penalty provided for in this Act— (a) order the cancellation of such person's licence; (b) assess the amount of compensation for any loss or damage caused by such person in the course of the offence and cause the same to be recovered from such person, as if it were a ﬁne imposed by the court; (c) order the removal or demolition, within such time as the court may ﬁx, of any unauthorised establishments, buildings, structures, plant, machinery, equipment, crops and other works set up or grown by such person, and the restoration, as far as possible, of all places and things to their former state, and, if such removal, demolition and restoration is not effected within the time ﬁxed as aforesaid, the Chief Conservator shall cause the same to be done and the cost incurred thereon shall be recovered by the court from the person convicted; (d) order the conﬁscation 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 such offence. (2) The amount of compensation recovered under paragraph (b) of subsection (1) shall be paid to the person who had suffered loss or damage or, if there is no such person, into forest revenue. (3) The Government shall not be liable for any loss or damage which may be caused to any building, structure, plant, machinery, equipment, crops and other works in the course of such removal, demolition or restoration by the Chief Conservator as is mentioned in paragraph (c) of subsection (1). (4) The Chief Conservator may sell or otherwise dispose of any property conﬁscated under subsection (1) and handed over to the Chief Conservator by order of the court and any moneys received from the sale or disposal of such property shall be paid into forest revenue.

Section 56Verify source

§ 57Civil remedy reserved ........................................................................................................................................................................ 14Offence

This section preserves the Republic’s and any person’s right to sue for compensation for damage or injury caused by a forest offence, and tells the court to consider any compensation already recovered under section 56.

57. Civil remedy reserved 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.

Section 57Verify source

§ 58Evidence .................................................................................................................................................................................................. 14Provision

In proceedings under this Act, forest produce is presumed to be property of the Republic unless proven otherwise.

58. Evidence 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.

Section 58Verify source

§ 59Exhibits ................................................................................................................................................................................................... 14Repeal

A forest officer or police officer may produce a piece or sample of forest produce in court instead of the whole item when the full item would be impracticable, unnecessarily costly, or cause undue delay.

59. Exhibits 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14 Forests Act, 1973 (Chapter 199) Zambia Repealed Part XI – Powers of forest ofﬁcers

Section 59Verify source

Part

Part XI – Powers of forest ofﬁcers

§ 60Demanding production of licence ................................................................................................................................................ 15Provision

A forest officer or police officer may require a person doing licensed activity to produce the licence, and may stop the person, employees, and agents from continuing until it is produced if the person does not comply.

60. Demanding production of licence 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.

Section 60Verify source

§ 61Prevention of offences ...................................................................................................................................................................... 15Offence

A forest officer or police officer may take necessary measures to prevent a forest offence and may use reasonable force when doing so.

61. Prevention of offences 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.

Section 61Verify source

§ 62Search without warrant .................................................................................................................................................................... 15Offence

Forest officers and police officers may search certain property without a warrant when they suspect a forest offence or related forest produce possession; private dwelling-houses can only be entered in the presence of the occupier or an adult family resident.

62. Search without warrant 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.

Section 62Verify source

§ 63Arrest without warrant ...................................................................................................................................................................... 15Offence

Forest officers or police officers may arrest a person without a warrant in certain suspicion-and-identification situations, and any officer making an arrest under the Act must bring the person before court without unnecessary delay.

63. Arrest without warrant (1) Any forest ofﬁcer or police ofﬁcer may, without a warrant, arrest any person reasonably suspected of having committed a forest offence, if such person refuses to give his name and address to such ofﬁcer or gives a name and address which such ofﬁcer has reason to believe is false or if such ofﬁcer has reason to believe that such person will abscond. (2) Every ofﬁcer who arrests any person under this Act shall, without unnecessary delay, take or send such person to be produced before the court.

Section 63Verify source

§ 64Seizure of property ............................................................................................................................................................................. 15Offence

If there is reason to believe a forest offence was committed, a forest officer or police officer may seize related forest produce and other suspected property and keep it until a court orders disposal.

64. Seizure of property 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.

Section 64Verify source

§ 65Restoration of seized property ....................................................................................................................................................... 15Provision

If seized forest produce or other property is not tied to a guilty finding, the Chief Conservator must return it without unnecessary delay; otherwise, if the owner cannot be found or will not take it back, it may be disposed of and the money paid into forest revenue.

65. Restoration of seized property 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.

Section 65Verify source

§ 66Loss of, or damage to seized property ....................................................................................................................................... 15Repeal

The Republic, forest officers, and police officers are generally not liable for loss or damage to property seized or detained, unless the loss or damage was caused negligently, maliciously, or fraudulently.

66. Loss of, or damage to seized property 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15 Forests Act, 1973 (Chapter 199) Zambia Repealed

Section 66Verify source

§ 67Calling for assistance in extinguishing ﬁres ............................................................................................................................. 16Provision

In certain forest fire or emergency situations, nearby adult male residents must help a forest officer, and a licensee must provide available staff and equipment when called on.

67. Calling for assistance in extinguishing ﬁres (1) (2) In the case of ﬁre, other than any controlled ﬁre started by or on the authority of a forest ofﬁcer, or in the case of other accident or emergency involving danger to a National Forest or Local Forest, every male person of not less than eighteen years of age normally resident within ten kilometres of the boundary of any such forest shall be bound forthwith to assist any forest ofﬁcer who reasonably demands his aid in extinguishing such a ﬁre or averting such a danger, and the Chief Conservator may pay to such person such consideration as he may deem ﬁt in respect of any such aid. It shall be a condition of every licence that, in the event of an outbreak of ﬁre through whatever cause in any National Forest or Local Forest or in any other land in which forest produce is being cut, carried or stored under licence, the licensee shall, when called upon to do so by a forest ofﬁcer, forthwith provide all available employees, tools, plant, machinery and equipment which he may have in the vicinity of such forest or land to assist in extinguishing such ﬁre, and the licensee shall be paid such consideration therefor as the Chief Conservator may, with the approval of the Minister, deem adequate: Provided that the ﬁre was not, in the opinion of the Chief Conservator, occasioned wilfully by, or through the carelessness or neglect of, the licensee or his employees or agents.

Section 67Verify source

§ 68Regulations ............................................................................................................................................................................................ 16Repeal

The Minister may make regulations by statutory instrument to carry this Act into effect.

68. Regulations Part XII – General (1) The Minister may, by statutory instrument, make regulations for carrying the provisions of this Act into effect. (2) In particular, and without prejudice to the generality of the foregoing power, the Minister may make regulations concerning— (a) the survey and demarcation of National Forests and Local Forests; (b) the protection and management of National Forests and Local Forests; (c) the utilisation, conservation and planting of trees in State Lands and Customary area; (d) the prohibition and regulation of the cutting and taking of forest produce; (e) (f) (g) (h) the fees and prices to be paid in respect of forest produce and other acts requiring a licence and the methods of calculating or ﬁxing such fees and prices; the withholding, issue, suspension, cancellation, forfeiture and extension of licences, and the issue of licences free or at a reduced fee; the collection and disposal of fees paid in respect of forest produce and of other acts requiring a licence; the provision by a licensee of a deposit, guarantee, surety, security, liquidated damages or sum of money to be drawn upon or conﬁscated for non-fulﬁlment or breach of the conditions of a licence or for the commission of a forest offence; (i) the extraction, conversion or processing of forest produce; (j) (k) the marking of timber and forest produce, and the manufacture, possession and use of timber marking hammers; the keeping of records and submission of returns by persons engaged in the cutting, taking, removal, conversion, processing, transport, sale or use of forest produce; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16 Forests Act, 1973 (Chapter 199) Zambia Repealed (l) the erection, construction or use of buildings, roads, tracks, tramways, waterways, bridges, sawmills, depots and water installations, and the erection and operation of plant, machinery and equipment; (m) the seizure, detention and disposal of forest produce felled or taken in contravention of this Act or in respect of which an offence has been committed; (n) (o) (p) the prevention and ﬁghting of ﬁres in National Forests and Local Forests and in coupes in State Lands and Customary area; the transport of forest produce by road, tramway or waterway, and the prohibition of acts which might cause obstruction of roads, tramways or waterways; the training of persons in forestry and the qualiﬁcations for forest ofﬁcers and other forestry staff; (q) the forms to be used for the purposes of this Act; (r) any other matters required to be prescribed by this Act.

Section 68Verify source

Part

Part XII – General

§ 69Rights under Mines and Minerals Act ......................................................................................................................................... 17Provision

This section says the Act does not affect the licence holder’s right to take forest produce if it is done under the Mines and Minerals Act.

69. Rights under Mines and Minerals Act 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]

Section 69Verify source

§ 70Repeal and saving Cap. 311 of the old edition ....................................................................................................................... 17Commencement

The Forest Act is repealed, but certain existing licences continue in force after commencement as if issued under this Act.

70. Repeal and saving Cap. 311 of the old edition (1) The Forest Act is hereby repealed. (2) Notwithstanding the repeal of the Forest Act, any licence issued under that Act which was immediately before the commencement of this Act in force or capable of acquiring force shall, after such commencement and subject to the provisions of this Act, remain in force, as if it were a licence issued under this Act. [Cap. 311] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17

Section 70Verify source

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9 referenced instruments

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4 instruments

By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Forests Act, 1973
Section 42
Criminal Procedure Code
Section 55A
Forest Act
Section 70
Forests is responsible for carrying out this Act
Section 4

G–M

3 instruments

Lands Act
Section 2
Local Forests Subject to the provisions of this Act
Sections 21, 22
Mines and Minerals Act
Section 69

N–S

2 instruments

National Forests Subject to the provisions of this Act
Sections 12, 13
Republic unless proven otherwise. 58. Evidence Whenever in any proceedings under this Act
Section 58

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Forests Act, 1973

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9 referenced instruments

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