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Forest Act, 1996.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
This Act provides for the management and conservation of forest resources in Jamaica and related matters.
The 40 sections of this Act are divided into 6 Parts: Preliminary (I); Forest administration (II); Forest management (III); Forest Protection (IV); Enforcement (V); General (VI).
Administration of forests is entrusted to the Forestry Department established under this Act. The Governor-General may appoint a Conservator of Forests who has the power to designate special forest officer in respect of a forest or forest management area for which an application has been made by a person engaged in the establishment or conservation of such areas (sect. 3). Functions of the Department are specified in section 4. Functions include the preparation and implementation of a national forest management and conservation plan. The Minister may by Order declare forests reserves on any Crown Lands or on private land but only if the owner applies in writing for such a declaration. Purposes of a declaration as forest reserve include also conservation of soil and water resources. The Minister may declare forest management areas on any Crown lands not in a forest reserve and on any private land if he is satisfied that the use of the land should be controlled for the "protection of national interest". Such areas shall be used primarily for objectives which apply also to reserves (sect. 7). The Conservator shall, every five years, prepare and submit to the Minister a forest management plan for each forest reserve and each forest management area. Such a plan shall contain, inter alia a conservation and protection programme, total annual allowable cut, portions of the land which may be leased and for what purposes (sect. 8). Section 9 provides for compulsory acquisition of land for forest reserve. The Minister may provide interim protection measures for proposed reserves and management areas (sect. 11). Functions of local forest management committees which may be established under section 12 include the monitoring of condition of natural resources in the relevant protected forest area (sect. 13). The Conservator shall determine the annual allowable cut for any forest reserve or management area (sect. 14). In determining the allowable cut the Conservator shall consider particulars specified. The Conservator shall keep an inventory of forest and land suitable for the development of forests. The Conservator shall prepare within two years of the commencement of this Act prepare a draft National Management and Conservation Plan in accordance with provisions of sections 16 to 19. The Minister may declare any Crown land to be a protected area for the conservation of soil and of water resources and the protection of flora and fauna. The Minister may by regulation prohibit or regulate in any protected area- (a) the breaking up or clearing of lands for cultivation; (b) the depasturing of cattle; (b) the burning or clearing of vegetation (sect. 23). Provisions of Part V provide for the granting of licences and permits for harvesting of timber on Crown lands, processing of timber, sale of timber and various other activities. No person shall cut a tree in a forest reserve unless he is a holder of a licence granted by the Conservator. An Appeal Tribunal is established for purposes of this Act under section 34. The Schedule which completes this Act gives additional rules with respect to the Tribunal.
Long title of text
An Act to repeal and replace the Forest Act.
Notes
Reprinted version of Act No. 17 of 1996 as authorized by L.N. No. 96/1998.The Forest Act and the Bark of Trees (Sale Prevention) Act are repealed.
Repealed
No
Source language

English

Legislation Amendment
No