Forestry Act, 1988.

This Act replaces the Forestry Act of 1912. It is based on the recommendations of an FAO technical assistance project, which suggested legislation providing more explicitly than previously for forest management. The Chief Conservator of Forests is made responsible for the management of the forest resources of the country. He is required to compile a national inventory of forest resources and a national forest management plan designed to obtain the "optimum combination of economic, social and environmental benefits. Most of the management provisions of the Act apply only to classified forests, which may be either national or community. A national forest is required to be on State-owned or -leased land, in contrast to reserves under the previous law which were generally on chiefdom (customary) land. As under the previous law, existing usage rights compatible with the purpose of the forest are to be preserved. Acquisition or leasing of land for national forests is subject to normal provisions for compensation. Previously, compensation was not usually paid in respect of areas put into forest reserves, although a part of any timber royalties was given to chiefdom authorities. A classified forest may have protection or production as its primary purpose, but in both cases it is to be managed for the maximum combination of benefits compatible with the primary purpose. Detailed inventories of classified forests may be required by regulation.
Detailed management plans are encouraged for all classified forests, although they are only required in the case of a concession for a national forest. There is a general prohibition against logging and other activities in classified forests, except as authorized under the Act. Utilization of national forests may be authorized by licence, sale of forest produce or concession. A utilization concession may be granted for a maximum term of 20 years (in the case of an integrated wood-based industry) on the basis of a concession agreement. In all cases the concession is subject to the payment of prescribed fees (in addition to other payments that may be agreed upon) and to management, reforestation and working plans prepared or approved by the Chief Conservator. There are special provisions for a forest plantation concession. It may have a longer duration related to the growth cycle of the plantation, and timber royalty would not be levied on plantation produce. Community forests on chiefdom land are created by agreement between chiefdom authorities and the Chief conservator. (There is also provision for the Minister to create community forests on State land). Management of community forests may be provided by the Forestry Division, by the chiefdom or local authority, or by non-governmental organizations. Utilization may be permitted to community members or others, and may be subject to fees and other conditions.
Outside of classified forests, the Chief Conservator has mainly a promotional role, being authorized to assist forestry in any place. There are also provisions for the Minister to declare protected areas for soil, water, flora or fauna conservation and protected trees anywhere in Sierra Leone. Reforestation is provided for in several ways under the Act. It is a general obligation of forest users, who are also required to receive the reforestation fees (but not other fees), to finance government and private reforestation and to refund reforestation. In addition to the usual penal provisions, a convicting court is empowered to order forfeiture of articles involved in the offence and the payment of compensation for damage caused. (33 sections)