Forest Act, 1998.

This Act makes provision for the administration and management of state and private forests and for the declaration of protected forest areas and related matters.
The Act consists of 121 sections divided into 13 Parts: Preliminary (I); General provisions (II); Forests (III); Forestry administration (III); Forestry Funds (V); Declaration if Reserved Forest. Creation of Forest Parks (VI); Declaration if Reserved Forest. Creation of Community Forest. Designation of Community Controlled State Forest (VII); Private Forests (VIII); Declaration of Water and Wind Erosion Areas and Protection Forests (IX); Administration of forests (X); Management of forests (XI); Offences and legal proceedings (XII); Repeal and saving (XIII).
The forests of The Gambia are classified into the following categories: (a) state forest which includes forest parks and forest reserves; (b) community forest, and; (c) private forest which includes private natural forests; and private plantations. The forests of The Gambia shall cover a minimum of thirty percent of the total land area (sect. 10). To prevent their destruction, to ensure their improvement and to promote their sustainable use, all state forest shall be managed and protected by the Forestry Department, community forests by the community or the communities under the supervision of the Forestry Department, and private forests by the owner or owners under the supervision of the Forestry Department. For the purpose of forestry administration the Gambian territory is divided into forest divisions (sect. 16). The Director of Forestry in the Forestry Department shall establish and implement a comprehensive monitoring and evaluation system on forests. There is established a fund called the National Forestry Fund under section 30, to be managed by the National Forestry Fund Committee. The proceeds of the Fund shall be used to promote the protection, the development and the sustainable use of forest resources and, to promote community forestry.
The Secretary of State may designate as forest parks any of the following lands any lands in respect of which it appears to the Secretary of State that the forest growth on such lands should be protected or reserved or forest growth is established. Before doing so the Secretary shall issue a Preliminary Notification of intention to create Forest Park and appoint a Reserve Settlement Committee. Th is Committee shall inquire into and determine the existence, nature and extent of any rights affecting the land or any other rights in or over the land which is proposed to be designated a forest park. Upon a request from a community or a group of communities made under section 60, the Secretary of State may designate as a community forest, forest reserves or any non-forest lands in respect of which it appears to the forest committee that the forest growth on such lands should be established. The Secretary of State may, by Notice published in the Gazette, declare any such lands to be reserved forest. Any community or communities that wishes to administer and manage a proposed community forest shall constitute a forest committee for this purpose. Any forest committee may apply to obtain ownership rights over forests located on their customary lands by submitting an Application for a Preliminary Community Forest Management Agreement to the Forestry Department as specified in Schedule I. The Community Forest Management Agreement shall be in the form prescribed in Schedule II. The Agreement confers on the concerned community or communities rights as specified in section 69 of this Act over the forest resources of the proposed community forest and confers on the concerned community or communities ownership rights over the designated community forest. Any plantation located on privately occupied land shall be a private plantation and natural forest located on privately occupied or leased land shall be a private natural forest (sect. 72).
The Secretary of State may, by Notice published in the Gazette, declare any lands to be water or wind erosion areas (sect. 73) and may, by Notice published in the Gazette, declare any forest to be protection forest. In relation to the lands so declared, the Secretary of State may make regulations in accordance with section 88. The Forestry Department shall control and monitor any private natural forests at least once in every year. Forest committees may make by-laws for their respective community forest. National Forest Inventory and Management plans for forest reserves and community forest shall also be prepared.