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Forest Regulations, 2004 (G.N. No. 153 of 2004).

Type of law
Regulation
Source

Abstract
These Regulations generally implement provisions of the Forest Act, 2002 and prescribe forms for (applications for) licences, permits and certificates for purposes of the Act and these Regulations. In addition, they make provision with respect to a wide variety of matters regarding use of forests and forest material, the protection of forests and wildlife and biodiversity, and the handling and processing of and trade in timber. The 54 regulations are divided into 18 Parts and are completed by 39 Schedules and 4 Appendices.
Removing or felling of timber, which is prohibited by the Act or these Regulations, requires the permission of the Director of Forestry. A licence to be granted by a Licensing Officer is required for the cutting, felling or removal any forest produce from а forest reserve. Timber cut or removed under these Regulations shall be measured and recorded as prescribed. Timber and stumps of felled trees shall be marked. Removal of timber shall be done within a specified period and transported on roads or tracks in accordance with the licence. Only timber products indicated in the relevant licence or transit pass shall be possessed, marketed or disposed of. A transit pass shall only be issued after due ascertainment of the bona fide origin of the forest produce. All such produce shall be marked and only be accepted for transportation if covered by a valid transit pass. Authorised officers shall be provided with distinctive registered marks for purposes of marking timber in village, community and private forests. No person or а licensee other than the registered owner shall use registered marks.
Use for land the purposes of erection of any building or occupation of land in forests is restricted and requires a permit or licence. No licence or permit shall be issued unless an environmental impact assessment has been submitted to and approved by the authorised officer. No licences shall be issued for land within any part of water catchment areas or wetlands and no person shall cut, fell, damage or remove any tree or forest produce from catchment areas situated in general land. No licence for grazing or cultivation shall be issued in any natural forest. No permit or licence for the occupation of any forest reserve for commercial or industrial purposes shall be allowed. Grazing of livestock in forest reserves is prohibited.
Recreation activities in forest areas shall only be permissible if carried out in accordance with management plans and the Director shall consult with stakeholders before issuing a licence for such activities and decide which facilities are suitable for a forest reserve. Establishment of such facilities requires and EIA. Activities listed in section 49(1) of the Act may be undertaken in any national or local authority forest reserve only in accordance with а permit issued under these Regulations. Such activities include, among other things, felling of timber, operating of sawmills, cultivation in general, hunting or fishing, grazing of livestock and picking of protected plants for research or medicinal purposes. Grant of concessions of forest land within а national forest reserve or а local authority or village forest reserve shall be in accordance with these Regulations. Mining or prospecting activities in such areas can take place only with a permit issued by the Director or Chief Executive Officer. Entry into forest reserves and removal of any wild plant or seed is restricted.
The Regulation furthermore deal with export of forest produce, use of roads in forests, precautions to be used in forest reserves and protection of catchment forests, fees and charges, rights of local communities and access to genetic resources. No forest produce and wood products shall be exported unless it has been inspected and graded by а grader in the manner prescribed by these Regulations. No logs of any tree species shall be exported. Each Export Certificate shall include a statement of the Director indicating that the timber originates from а sustainable managed forest cover in Tanzania and, where applicable, а certification signed by the CIТES management authority indicating that the timber approved for export under the export certificate complies with CIТES conditions.
The Minister shall declare and publish by Order, in the Gazette а list of genetic resources found in any forest areas of Tanzania mainland. Access to genetic resources shall be subject to an application for а prior informed consent and access requires a permit of the Director. Any access permit shall be granted through а written agreement, between the Director and the concerned local community or communities on the one hand, and the applicant or collector on the other hand. The Regulations specify contents of such agreement and provide for benefit sharing arrangements and protection of Community Intellectual Rights of the local communities. Access to or introduction of а biological resource may be restricted by the Director. Local communities may deny access.
Mining, felling of trees, cultivation or grazing shall be generally prohibited in "any area of Catchment or of watershed value".
Date of text
Notes
Also the Forest Rules, 1959, the Forest Regulations 1996 and other subsidiary legislation specified in regulation 59 are repealed
Repealed
No
Serial Imprint
Supplement to Official Gazette of 21 May 2004.
Source language

English

Legislation Amendment
No
Implements