The Samburu County Sustainable Forest Management and Tree Growing Act, No. 5 of 2022.
Country
Type of law
Legislation
Abstract
This Act, divided into four Parts and consisting of 39 sections, in application of the Constitutional provisions, aims at: defining a framework for the implementation of forestry and tree growing functions at the County level; strengthening mechanisms for public participation of communities, land owners, indigenous and marginalised persons in sustainable forest management; increasing the mainstreaming of human rights approach through the recognition of gender, persons living with disabilities, minorities, youth and the elderly rights in forest management activities; increasing climate change mitigation interventions and actions.
The Act focuses on: integration of climate change Actions into decision making; community land; community forest; establishment and maintenance of recreational parks; green zone; management of private forests; public forest; administrative functions and powers of the County executive committee members, including: promotion of forestry education and training programmes; development of programmes for recreational and ceremonial use of forests; management of water catchment areas in relation to soil and water conservation and other environmental services; provision of incentives for the sustainable utilisation of wood and non-wood forest products; implementation of measures for governing inter-county trade in forest products.
Further matters covered by this Act include: forest community organisations and registration of these organisations; establishment and management of County forests on public land, private land and community land; right to use forest resources and benefits for the community, including: management of use of non-wood forest products; controlling collection of medicinal herbs; regulating grass harvesting and grazing; licensing harvesting of timber; protection of forest resources. The Act also defines the following purposes for the management of indigenous forests: conservation of water resources and biodiversity; riparian and shoreline protection; protection of habitat for wildlife in terrestrial forests.
The Act provides measures for: strengthening the sustainable management of plantation forests; approving forest management agreements for biodiversity conservation; giving governmental consent for quarrying in public County forests and conditions for prohibiting mining activities, including: presence of threatened or endangered species; lack of an environmental impact assessment; presence of important catchment area in the forest. Final provisions of the Act concern: preparation of forest management plans; mapping of all County public land, in order to establish County forests and determine the level of land degradation and soil erosion; establishing the requirements for rehabilitating the land and degraded areas; certificate of origin for movement of forest products; use and application of customary rights; tax and fiscal incentives; dispute settlement.
The Act focuses on: integration of climate change Actions into decision making; community land; community forest; establishment and maintenance of recreational parks; green zone; management of private forests; public forest; administrative functions and powers of the County executive committee members, including: promotion of forestry education and training programmes; development of programmes for recreational and ceremonial use of forests; management of water catchment areas in relation to soil and water conservation and other environmental services; provision of incentives for the sustainable utilisation of wood and non-wood forest products; implementation of measures for governing inter-county trade in forest products.
Further matters covered by this Act include: forest community organisations and registration of these organisations; establishment and management of County forests on public land, private land and community land; right to use forest resources and benefits for the community, including: management of use of non-wood forest products; controlling collection of medicinal herbs; regulating grass harvesting and grazing; licensing harvesting of timber; protection of forest resources. The Act also defines the following purposes for the management of indigenous forests: conservation of water resources and biodiversity; riparian and shoreline protection; protection of habitat for wildlife in terrestrial forests.
The Act provides measures for: strengthening the sustainable management of plantation forests; approving forest management agreements for biodiversity conservation; giving governmental consent for quarrying in public County forests and conditions for prohibiting mining activities, including: presence of threatened or endangered species; lack of an environmental impact assessment; presence of important catchment area in the forest. Final provisions of the Act concern: preparation of forest management plans; mapping of all County public land, in order to establish County forests and determine the level of land degradation and soil erosion; establishing the requirements for rehabilitating the land and degraded areas; certificate of origin for movement of forest products; use and application of customary rights; tax and fiscal incentives; dispute settlement.
Attached files
Web site
Long title of text
An Act of the County Assembly of Samburu to give effect to Articles 42, 69 (1) and section 10 (b) of Part 2 to the Fourth Schedule of the Constitution; to provide for sustainable forest management, tree growing and for connected purposes.
Date of text
Entry into force notes
15 June 2022.
Repealed
No
Serial Imprint
Kenya Gazette Supplement (Samburu County Acts no. 5) no. 9 of 2022.
Source language
English
Legislation Amendment
No
Implements