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Forests (Participation in Sustainable Forest Management) Rules, 2009 (Cap. 385).

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

Abstract
These Rules provide for sustainable forest harvest and community management of forest resources and provide with respect to granting of a permit, timber-licence, special-use licence, contract, joint management agreement, concession, community forest management agreement and cultivation-permit and the exercise of rights related to such authorizations. The Rules require the Kenya Forest Service to adopt a management plan covering a period of at least five years in respect of every state forest. A person who wishes to make an application to the Service for an authorization shall prepare a site-specific forest management plan in accordance with guidelines prescribed by the Service. Activities lasting more than one year require an operations plan for every year of activity. The Service shall evaluate the site-specific forest management plans and operation plans submitted to it. The Service may invite the private sector to participate in the sustainable management of state forests. The Rules define the basis for such participation (e.g. licence, concession or agreement) and set out eligibility requirements for potential participants. The Service may enter into a joint management agreement in the management of state forests. The primary purpose of a joint management agreement is to conserve the forest. An agreement may allow limited consumptive use of forest resources if sustainable.
The Service may, whenever circumstances make it necessary or appropriate to do so, invite forest associations to participate in the sustainable management of state forests. The Service may issue authorizations for community participation in the form of: (a) a community forest management agreement for purposes of conservation and utilization of a forest for purposes of livelihood, cultural or religious practices; and (b) a cultivation-permit which shall be issued to members of a forest association to undertake non-resident cultivation. The Service shall initiate the formation of a forest-level management committee to assist the forest association in the implementation of the community forest management agreement and shall monitor and evaluate the implementation of the community forest management plan.
As for non-resident cultivation in adjacent forest areas, this may be done in areas intended for the establishment of industrial plantations in zones identified by the Service and on plots allocated by the Service in accordance with these Rules. A holder of a cultivation-permit shall be subject to specified conditions. The forest association shall assist the Service in the monitoring of activities of permit holders. The Service shall maintain a register of all authorizations issued under these Rules. A person aggrieved by the decision of the Service may appeal to Appeals Tribunal under Environmental Management and Coordination Act.
Notes
Reprinted edition of 2012 of L.N. 165/2009.
Repealed
No
Source language

English

Legislation Amendment
No
Implements