Communal Land Forest Produce Act [Chapter 19:04]

Chapter 19:04

Communal Land Forest Produce Act

Act 20/1987, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Right of Minister to exploit forest produce in Communal Land.
4. Right of inhabitants and occupants of Communal Land to exploit forest produce.
8. Special licences and special permits.
9. Non-transferability of authorities.
10. Cancellation and suspension of authorities.
11. Damage caused by holders of authorities.
12. Restriction on making new roads and use of certain roads.
13. Restriction on exploitation near public streams.
14. Establishment of plantations, forest nurseries and other works.
15. Protected forest areas.
16. Designated officers.
17. Powers of police officers, designated officers and forest officers.
18. Exercise of powers by Minister.
19. Delegation of Minister’s rights and functions.
20. Application of revenue in respect of forest produce.
21. Forestry Commission and local authorities not to require certain licences.
23. Offences and penalties.
25. Amendment of Schedule.

SCHEDULE

Reserved Trees.

AN ACT to regulate the exploitation of and to protect forest produce within Communal Land; to regulate and encourage the establishment of plantations within Communal Land; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 8th January, 1988.]

1    Short title

This Act may be cited as the Communal Land Forest Produce Act [Chapter 19:04].

                       2    Interpretation

In this Act—

“agreement” means an agreement entered into in terms of section six for the exploitation of any forest produce;

“authority” means an agreement, licence, permit, special licence or special permit entered into or issued, as the case may be, in terms of this Act;

“contractor” means a person who is entitled to exploit any forest produce in terms of an agreement;

“designated officer” means any person designated as a designated officer in terms of subsection (1) of section sixteen;

“exploit”, in relation to any forest produce, means to cut, fell, take, strip the bark from or remove such forest produce;

“forest produce” means,

• all vegetation, whether alive or dead, in a plantation, forest or woodland; and
• any part, whether alive or dead, of any such vegetation, including wood, bark, seeds, fruit, gum, resin or sap;

“Forestry Commission” means the Forestry Commission established by section 4 of the Forest Act [Chapter 19:05];

“inhabitant”, in relation to any Communal Land or part thereof, means a person who is entitled, in terms of section 8 of the Communal Land Act [Chapter 20:04], to reside in that Communal Land or part thereof and who does reside there;

“licence” means a licence issued in terms of subsection (1) of section five;

“local authority”, in relation to any area of Communal Land, means a district council or other local or like authority established for the area concerned;

“major forest produce” means all trees, palms and bamboos or any part thereof, other than leaves, flowers, fruit or seeds;

“Minister” means the Minister of Environment and Tourism or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“natural forest” means a forest that has not been artificially established, but does not include an extension of a plantation resulting from the natural propagation of the tree or trees in such plantation;

“permit” means a permit issued in terms of subsection (1) of section seven;

“plantation” means—

• any artificially established tree, whether of an indigenous or exotic species, or forest of such trees; or
• any extension of a plantation referred to in paragraph (a) resulting from the natural propagation of the tree or trees in such plantation;

“protected forest area” means an area declared in terms of subsection (1) of section fifteen to be a protected forest area;

[Definition as amended by section 4 of Act No. 22 of 2001]

“public land” means any land within Communal Land which is under the control of a local authority, but does not include any such land which—

• is being occupied or used otherwise than as communal grazing land in accordance with any right, consent or permit granted or issued in terms of the Communal Land Act [Chapter 20:04], or any other enactment; or
• has been or is deemed to have been set aside in terms of section 10 of the Communal Land Act

[Chapter 20:04], for any purpose other than that of communal grazing;

“public stream” means a watercourse of natural origin wherein water flows, whether or not—

• such watercourse or any portion thereof is dry during any period of the year; or
• the conformation of such watercourse has been changed by artificial means;

“reserved tree” means a tree which is—

• of a species specified in the first column of the Schedule; and
• growing or situated in an area specified in the third column of the Schedule opposite the name of the species concerned;

“special licence” means a special licence issued in terms of paragraph (a) of subsection (1) of section eight;

“special permit” means a special permit issued in terms of paragraph (b) of subsection (1) of section eight;

“tree” means the whole or any part of—

• any tree; or
• any seedling, sapling, transplant, re-shoot or re-growth of any tree.

                       3     Right of Minister to exploit forest produce in Communal Land

(1) Subject to this Act and to the terms and conditions of any authority, the right to exploit forest produce—

• in any natural forest on public land; or
• in any plantation controlled by the State; within Communal Land is vested in the Minister on behalf of the State.

(2) In the exercise of his rights in terms of subsection (1), the Minister shall exploit, or allow the exploitation of, only such forest produce as he considers reasonable having regard to the needs of the inhabitants of the Communal Land within which the forest produce concerned is growing or has grown.

                       4     Right of inhabitants and occupants of Communal Land to exploit forest produce

(1) The inhabitants of any Communal Land shall have the right, within that Communal Land, to exploit for their own use any forest produce: Provided that—

• such right shall not extend to the exploitation by any inhabitant of—
  • major forest produce within a protected forest area, except in accordance with the terms and conditions of a permit; or
  • forest produce which some other person has been authorized to exploit in terms of a licence or agreement, except with the consent of that other person; or
  • any reserved tree except in accordance with the terms and conditions of a special licence or special permit; or
  • forest produce in a plantation which is not controlled by the inhabitant, except with the consent of the person who controls the plantation;
• no forest produce exploited in the exercise of such right shall be—
  • sold to anyone; or
  • supplied to anyone who is not an inhabitant of that Communal Land.
• An inhabitant of any Communal Land may exploit any forest produce, including reserved trees, on any land which he is permitted to occupy and use in terms of the Communal Land Act [Chapter 20:04], in the course of clearing such land for residential purposes or for the purpose of planting crops:

Provided that he shall not exploit any major forest produce within a protected forest area except in accordance with the terms and conditions of a permit.

• A person who is entitled to occupy and use land within Communal Land that has been set aside or is deemed to have been set aside for any purpose in terms of section 10 of the Communal Land Act [Chapter 20:04], may exploit any forest produce, including reserved trees, on such land if such exploitation is essential in order to develop the land for the purpose concerned.

                       5    Licences

(1) Subject to this Act, the Minister may issue a licence to any person authorizing that person, subject to this Act and any other enactment and to the terms and conditions of the licence, to exploit any forest produce situated—

• in any natural forest on public land; or
• in any plantation controlled by the State; within Communal Land.

(2) A licence shall be in writing in the prescribed form and shall state— (a) the kind, size and quantity of forest produce that may be exploited; and

• the area within which the forest produce may be exploited; and
• the period of validity of the licence; and
• any conditions subject to which the licence is issued; and
• the amount payable for the forest produce the exploitation of which is authorized by the licence; and
• details of the payments made for the forest produce the exploitation of which is authorized by the licence.
• The Minister shall not issue a licence to any person except upon payment by that person of the amount shown on the licence for the forest produce listed thereon, and any licence issued without such payment having been made shall be void.
• A licence shall not authorize the exploitation of—
• any reserved tree; or
• any major forest produce situated within a protected forest area.

                       6    Agreements

(1) Subject to this Act, the Minister may enter into an agreement with any person for the exploitation, subject to this Act and any other enactment and to the terms and conditions of the agreement, of forest produce situated—

• in any natural forest on public land; or
• in any plantation controlled by the State; within Communal Land.
• Every agreement shall be in writing and shall specify the area within which forest produce may be exploited.
• Save to the extent specifically provided therein, an agreement shall not authorize the exploitation of—
• any reserved tree; or
• any major forest produce situated within a protected forest area.

                       7    Permits

• Subject to this Act, the Minister may issue a permit to an inhabitant of Communal Land who resides in a protected forest area authorizing that inhabitant, subject to this Act and any other enactment and to the terms and conditions of the permit, to exploit any major forest produce situated on public land within the protected forest area concerned.
• The Minister shall not levy any fee or charge for the issue of a permit nor require any payment to be made in respect of any exploitation of forest produce by the permit holder in terms of his permit.
• A permit shall be in writing in the form prescribed and shall state—
• the kind, size and quantity of major forest produce that may be exploited; and
• the area within which the major forest produce may be exploited; and (c) the period of validity of the permit; and

(d) any conditions subject to which the permit is issued.

(4) A permit shall not authorize the exploitation of—

• any reserved tree; or
• more major forest produce than the Minister considers is necessary for the well-being of title inhabitant concerned and his family.