Forests (Community Forest Management) Regulations, 2018

1. COMMUNITY FOREST MANAGEMENT GROUP RIGHTS (i) Rights In accordance with section 32 (2) of the Forests Act, 2015, the Director of Forestry confers on the community forest management group the following forest user rights in the community forest concerned: √ Tick as appropriate to include in the Agreement (a) collection of medicinal herbs; (b) harvesting of honey; (c) harvesting of timber or fuel wood; (d) grass harvesting and grazing of animals; (e) collection of forest produce for community based industries; (f) eco-tourism and recreational activities; (g) scientific and educational activities; (h) plantation establishment through non-resident cultivation; (i) the right to enter into contracts to assist in carrying out specified silvicultural operations; (j) development of community forest wood and non-wood Based industries; (k) List any other products or activity (specify): 23rd February, 2018 Statutory Instruments 91 (ii) In accordance with section 32 (2) (k) of the Forests Act, 2015, the Director of Forestry confers on the community forest management group all of the following other benefits in the community forest concerned:

2. (i) (a) Subsistence use rights over forest products from within the community forest in accordance with sustainable forest management principles and management activities laid out in the approved management plan and local regulations. (b) The right to issue community permits and collect revenue for those products and uses provided for in this Agreement. (c) The right to mark such products with a marking instrument. (d) The right to retain the revenues from fines or disposal of confiscated goods as a result of apprehensions of person(s) committing illegal acts within the community forest area based on the agreed community agreed rules and measures specified in Annex 2. COMMUNITY FOREST MANAGEMENT GROUP OBLIGATIONS The CFMG accepts and undertakes to protect, manage, control and utilize sustainably the forest resources in accordance with terms and conditions stipulated in this agreement and annexes attached thereof. Specifically, to: (a) protect, conserve and manage the community forest or part thereof pursuant to the community forestry agreement and the management plan for the community forest; (b) formulate and implement forest management consistent with traditional forest user rights of the local community in accordance with sustainable forest management; (c) protect sacred groves and protected trees in the community forest; (d) assist the Director in enforcing the provisions of the Forests Act, 2015, in relation to illegal harvesting of forest produce; (e) with the approval of the Director, enter into partnerships with other persons for the purposes of ensuring the efficient and sustainable conservation and management of the community forest; (f) keep the Director informed of any developments, changes and occurrences within the community forest which are critical for the conservation of biodiversity; (g) help in fire-fighting within and around the community forest; (ii) In accordance with section 32 (1) (h) of the Forests Act, the Director of Forestry requires the community forest management group the following obligations necessary for the efficient conservation and management of the community forest. (a) The CFMG shall represent and be accountable to the community of the villages specified in this Agreement and operate in accordance with the agreed constitution as submitted with application for recognition (Form I). (b) Revenues and other benefits accruing from the forest resource shall be equitably utilized by the community in accordance with the benefit sharing arrangements set out in the community constitution, regulations and other annexes to this Agreement. (c) Shall delineate and maintain boundaries of forest areas to be under the control of the local community represented by the CFMG in collaboration with local leaders. (d) The CFMG shall ensure that the community forest area be protected from destructive late fires, pests, theft, poaching, vandalism and other such forms of hazards. 92 Statutory Instruments 23rd February, 2018 (e) The CFMG shall coordinate with the traditional leaders to propose and enforce rules governing access, use and protection of the designated forest area in conformity with customary laws and existing regulations and local sanctions as set out in the annex 2. (f) The CFMG may not assign rights, convey, sell or otherwise dispose of the community forest area to any other person or group without prior written approval of the Minister. (g) The Community Forest area shall not be converted to other land-uses including permanent arable cropping and erection of dwellings, temporary or otherwise. (h) The CFMG shall seek authorisation from the District Forest Officer in advance for the issuing of conveyance permits for major forest products from the community forest area. (i) The CFMG shall prepare simple financial reports to be presented at regular meetings to the community in accordance with the constitution. Copies of such records of accounts may be inspected by the Director of Forestry or an authorised representative for conformity with this Agreement and its Annexes. (j) Shall seek advice and inform the Traditional Authority in the conduct of the affairs and obligations of the CFMG under this Agreement. (k) Shall seek support from the Traditional Authority in the control of illegal activities, enforcement of local regulations, hearing cases and ensuring sanction in accordance with accepted customary law. (l) Shall seek support from the Traditional Authority with calling meetings of community members to discuss reports, endorse decisions conduct of elections of office bearers and monitor accountability of elected officials in accordance with the approved constitution. (m) To seek support from the Traditional Authority with the mediation of resource use disputes when necessary, and liaise with the District Forest Officer, Local Authority and Director of Forestry as appropriate.

3. GOVERNMENT RESPONSIBILITIES The Director of Forestry may provide to the CFMG, information, training advice and management and extension services for community forestry management. In addition, the Director of Forestry or an authorised representative shall: (a) Not issue any licences or permits for the area identified in the Community (b) Forest Map signed by local stakeholders in Annex 1; Assign a marking instrument, issue conveyance permits in sufficient number and on a regular basis and within 30 days of request to the CFMG; (c) Return to the CFMG, the confiscated goods or proceeds from the disposal of such confiscated goods that resulted from a case reported to the Director or an authorised representative by the CFMG at the discretion of the court, section 101, (2); (d) Organize in collaboration with other partners, relevant training courses to enhance organizational, technical and management capacity of CFMG and other members of the community on community forestry management, enterprise development and marketing; (e) Where appropriate, raise awareness among buyers and consumers of forest (f) products the benefits of buying community forestry produce; Facilitate the undertaking of forest resource assessments, inventory and research activities as necessary. 23rd February, 2018 Statutory Instruments 93

4. COMMENCEMENT This agreement shall come into effect on date of signing by both parties, and shall be binding subject to adherence by the signatories to the conditions within the agreement.

5. (i) TERMINATION The Director may request the Minister to terminate this Agreement and the devolved authority contained within, in any of the following events; (a) ailure to protect, manage and control the illegal activities within its area of jurisdiction and fulfil the conditions and obligations listed in this Agreement; and (b) failure to comply with the provisions of its agreed constitution, including failure to conduct periodic elections of office bearers, account for funds, failure to keep records of permits issued. (ii) The Director shall, before terminating an Agreement, notify the CFMG of significant failures and request the CFMG to show cause, within thirty days from the date of the request, why the Agreement should not be terminated. (iii) If the CFMG has not responded with effective remedial activities to rectify the issue and subsequently after all efforts to resolve or correct the situation by the Government and Traditional Authorities have failed then the Director of Forestry shall issue a final warning articulating a serious breach of the Agreement and remedial actions to be taken. If after 30 days of a written warning rectifying actions have not taken place the Director of Forestry will request the Minister to revoke the authority to control, use and manage the community forest. (iv) The powers stipulated in clause 7 above, shall not be exercised by the Minister unless the Director has tried all practicable efforts to resolve or correct the situation amicably. (v) The CFMG may terminate this Agreement with a notice of not less than 60 days if there is serious breach of this Agreement by the Director of Forestry in terms of their stipulated responsibilities, or for any reason the CFMG finds itself unable or unwilling to continue with the activities of the designated community forest area.

6. DISPUTES (i) Any of the parties to the Agreement may request that any dispute arising out of this agreement be referred to mediation by a mutually agreed body or person, where the Director or Minister did not invoke the provisions of Section 34 of the Act. If parties fail to agree, the Minister may invoke Section 34 of the Act. (ii) In the event of any dispute arising under the Community Forestry Management Agreement, either party may refer the matter to the Minister responsible for forestry. If any party is dissatisfied with the decision passed by the Minister that paty may apply for a judicial review to the High Court.

7. ANNEXES The following Annexes form part of this Agreement: Annex (1) A sketch map showing the boundary of the community forest that has been signed by representatives of concerned neighbouring communities and the respective Chief. Annex (2) A community forest management plan for a period of not less than 5 years for the community forest area which includes a set of community agreed rules and measures that support proper management of the community forest. 94 Statutory Instruments 23rd February, 2018 SIGNATORIES: THE DIRECTOR OF FORESTRY (OR AUTHORISED REPRESENTATIVE) __________________ CHAIRPERSON COMMUNITY FOREST MANAGEMENT GROUP _______________________ CONSENTED TO AND WITNESSED BY: CHIEF __________________ Dated: __________________ Dated: _______________________ Dated:________________________ 23rd February, 2018 Statutory Instruments 95 Form V (Regulation 13) Republic of Zambia The Forests Act, 2015 (Act No. 4 of 2015) The Forests (Community Forest Management) Regulations, 2018 NOTICE OF REVOCATION OF RECOGNITION OF A COMMUNITY FOREST MANAGEMENT GROUP (1) Here insert the full names and address of applicant (2) Here insert the reference No. of the application To (1) ………………………………………………....................… …………………………………………………………………………………… INTHEMATTEROF(2)………………………………..……… you are notified that your application for recognition as a Community Forest Management Group or to enter into a Community Forest Management Group or to assign rights, has been approved by the Director on the following grounds: (a)………………………………………………………................ (b)……………………………………………….........................… (c)………………………………………………………............… (d)………………………………………………………...........… Dated this …………… day of ……………….. 20…………… ……………………………………. Director 96 Statutory Instruments 23rd February, 2018 Form VI (Regulation13) REPUBLIC OF ZAMBIA The Forests Act, 2015 (Act No. 4 of 2015) The Forests (Community Forest Management) Regulations, 2018 NOTICE OF APPROVAL OFAPPLICATION FOR COMMUNITY FOREST AGREEMENT (1) Here insert the full names and address of applicant (2) Here insert the reference No. of the application To (1) ……………………...........……………………………. …………………………………………………………………………………… IN THE MATTER OF (2) .....………………………………… you are notified that your application for entering into a community agreement has been approved on the following grounds: (a) …………………………………………………………......... (b)………………………………………………………….......... (c) …………………....…………………………………….......... (d) ………………………………………………………….......... Dated this …………… day of ……………….. 20…………… ……………………………………. Director 23rd February, 2018 Statutory Instruments 97 Title Declaration (2) Here insert the reference no. of the application Form VII (Regulation 17) REPUBLIC OF ZAMBIA The Forests Act, 2015 (Act No. 4 of 2015) The Forests (Community Forest Management) Regulations, 2018 APPLICATION TO ASSIGN RIGHTS UNDER A COMMUNITY FORESTRY MANAGEMENT AGREEMENT We the residents of the community of _________________ in the District of ________________and the Province of _________________wish to apply to assign the following rights received under the community forest management agreement dated ___________________to the following person or group for the following purpose: Reference No. (2) …………………..……………………………………..... The following are the rights to be assigned under the community forest management agreement: (a)...............……………………………………………..………...........…… (b)………………………………………………….......................………… (c)......................……………………………………………………..………… (d)......................………...……………………………………..…………… Details for the persons or group to be assigned rights under the Community Forest Management Agreement, (a) Name(s)…………………………………….............................. (b) Address………………………………………………….……… Nature of the intention or use of assigned right: ………………………….............................................................................. Parties:……….....................………Benefits................................................ ...................................................................................................................... ...................................................................................................................... sharing……………………….…………………………..We confirm that subject to the nature of the rights to be assigned, further consultation may be required including other concerned stakeholders. We confirm that the persons or group have been made fully aware of the rights and responsibilities provided through the Forests Act, 2015 and will be required adopt such obligations as may be determined by the Minister. Dated this ……………………………day of ……………………20 …………………………. Chairperson Community Forest Management Group 98 Statutory Instruments 23rd February, 2018 FOROFFICIALUSEONLY Submitted to: Name: ……………………….. Position:……………………... Signature:……………………. District Forest Officer Stamp: OFFICIAL STAMP Date received: …………………………. Date sent to Province…………………… Recommended Name: ……………..…………….…. Position……………………………... Provincial Forestry Officer Stamp OFFICIAL STAMP Signature: …………………………. Date received……………………………… Date sent to the Director………………… Approved by: Director of Forestry Name: ……………………….. Position:……………………... Stamp: OFFICIAL STAMP Signature:……………………. Date received…………………… Date: ………………..…………… Subject to conditions: File ref number: Copies to: LUSAKA 14th February, 2018 HON. J. KAPATA, Minister of Lands