Forests Act, 2015 (Act No. 4 of 2015).
Country
Type of law
Legislation
Abstract
This Act concerns the management and conservation of forest resources and, to some extent, the protection of biological diversity and generally the environment in Zambia. It consists of 107 sections divided into 11 Parts: Preliminary (I); Forestry Department (II); Forest Management and Development(III); Forest Management Plans and Conservation Orders (IV); Protected Flora (V); Regulation of Forest Produce (VI); Marking of Timber (VII); The Forest Development Fund (VIII); Enforcement IX); Offences and Penalties (X); General Provisions (X). The Act is completed by one Schedule.
The Act defines the functions of the Forestry Department in the Ministry responsible for natural resources and requires the Public Service Commission to appoint as public officers, the Director, Deputy-Director, forest officers and such other staff of the Department within the Ministry responsible for natural resources as shall be necessary for the proper administration of this Act. It also sets out general principles of forest development and management, centered on sustainable use and development of forest resources. The Minister may, by statutory instrument, establish criteria for determination of sustainable forest management.
Part III provides for: the establishment, purpose, management and conservation of National Forests, Local Forests and Botanical Reserves; the registration and management of Private Forests; the management Community Forest and the formation and recognition of community forest management groups; joint forest management. The Director shall, in consultation with the local authority, local community, Chief, joint forest management committee and any other stakeholders in a forest area, cause to be prepared a forest management plan for the forest area according to the purposes for which the forest area is established under this Act. The Minister shall not reject a forest management plan except on the grounds that it is contrary to the purposes of this Act. The Minister may, on the recommendation of the Director and after consultation with a local authority and other stakeholders in the area, issue a Conservation Order. Such Order may relate to, among other things: allocation of the uses of land for arable, pasture, woodland or forest purposes or for water catchment; conservation of soil or water resources; cultivation of land and the system of farming to be used on the land; grazing and watering of livestock. The Minister may also, on the recommendation of the Director for, the purposes of conserving any species of flora, particularly having regard to its rarity, economic significance or its role in assessing the health of an ecosystem and generally for the conservation of biological diversity: (a) declare a kind or category of flora to be protected flora; and (b) prohibit or regulate the felling, cutting, burning, injury, taking or removal of any protected flora.
Major forest produce on State Land and customary areas shall be conserved for the use and benefit of the local community in those areas, except that— (a) trees may be felled and land cleared by or for the local community for the purpose of agricultural and other developments; and (b) any major forest produce which, in the opinion of the Director, is not required to be conserved or would be wasted or destroyed if not harvested may be felled and sold under a licence. The Act provides for the issue of sawmill licences and concession licences. The following permits may be issued: (a) forest produce conveyance permit, to allow the holder to convey forest produce; (b) forest produce merchant’s permit, to allow the holder to trade in forest produce; (c) forest produce export permit; (d) forest produce import permit; (e) domestic user permit; (f) cord-wood permit, to allow the holder to harvest or use wood for firework or charcoal production; (g) forest fire permit (h) tree-felling permit. The Director shall, for the efficient issuance of licences, permits and certificates under this Act, establish an integrated decision-making process and conform with the regulatory clearance system established under the Business Licensing Regulatory Act, 2014. Unless a contrary intention is expressly stated on a licence or permit, rights under the licence or permit shall not extend to wildlife areas. areas near a river or grazing land.
There is established the Forest Development Fund, which shall be managed and administered by the Department. The Forestry Department shall, on the commencement of this Act, continue to be a Department of the Government.
The Act defines the functions of the Forestry Department in the Ministry responsible for natural resources and requires the Public Service Commission to appoint as public officers, the Director, Deputy-Director, forest officers and such other staff of the Department within the Ministry responsible for natural resources as shall be necessary for the proper administration of this Act. It also sets out general principles of forest development and management, centered on sustainable use and development of forest resources. The Minister may, by statutory instrument, establish criteria for determination of sustainable forest management.
Part III provides for: the establishment, purpose, management and conservation of National Forests, Local Forests and Botanical Reserves; the registration and management of Private Forests; the management Community Forest and the formation and recognition of community forest management groups; joint forest management. The Director shall, in consultation with the local authority, local community, Chief, joint forest management committee and any other stakeholders in a forest area, cause to be prepared a forest management plan for the forest area according to the purposes for which the forest area is established under this Act. The Minister shall not reject a forest management plan except on the grounds that it is contrary to the purposes of this Act. The Minister may, on the recommendation of the Director and after consultation with a local authority and other stakeholders in the area, issue a Conservation Order. Such Order may relate to, among other things: allocation of the uses of land for arable, pasture, woodland or forest purposes or for water catchment; conservation of soil or water resources; cultivation of land and the system of farming to be used on the land; grazing and watering of livestock. The Minister may also, on the recommendation of the Director for, the purposes of conserving any species of flora, particularly having regard to its rarity, economic significance or its role in assessing the health of an ecosystem and generally for the conservation of biological diversity: (a) declare a kind or category of flora to be protected flora; and (b) prohibit or regulate the felling, cutting, burning, injury, taking or removal of any protected flora.
Major forest produce on State Land and customary areas shall be conserved for the use and benefit of the local community in those areas, except that— (a) trees may be felled and land cleared by or for the local community for the purpose of agricultural and other developments; and (b) any major forest produce which, in the opinion of the Director, is not required to be conserved or would be wasted or destroyed if not harvested may be felled and sold under a licence. The Act provides for the issue of sawmill licences and concession licences. The following permits may be issued: (a) forest produce conveyance permit, to allow the holder to convey forest produce; (b) forest produce merchant’s permit, to allow the holder to trade in forest produce; (c) forest produce export permit; (d) forest produce import permit; (e) domestic user permit; (f) cord-wood permit, to allow the holder to harvest or use wood for firework or charcoal production; (g) forest fire permit (h) tree-felling permit. The Director shall, for the efficient issuance of licences, permits and certificates under this Act, establish an integrated decision-making process and conform with the regulatory clearance system established under the Business Licensing Regulatory Act, 2014. Unless a contrary intention is expressly stated on a licence or permit, rights under the licence or permit shall not extend to wildlife areas. areas near a river or grazing land.
There is established the Forest Development Fund, which shall be managed and administered by the Department. The Forestry Department shall, on the commencement of this Act, continue to be a Department of the Government.
Attached files
Long title of text
An Act to provide for the establishment and declaration of National Forests, Local Forests, joint forest management areas, botanical reserves, private forests and community forests; provide for the participation of local communities, local authorities, traditional institutions, non-governmental organisations and other stakeholders in sustainable forest management; provide for the conservation and use of forests and trees for the sustainable management of forests ecosystems and biological diversity; establish the Forest Development Fund; provide for the implementation of the United Nations Framework Convention on Climate Change, Convention on International Trade in Endangered Species of Wild Flora and Fauna, the Convention on Wetlands of International Importance, especially as Water Fowl Habitat, the Convention on Biological Diversity, the Convention to Combat Desertification in those Countries experiencing Serious Drought and/or Desertification, particularly in Africa and any other relevant international agreement to which Zambia is a party; repeal and replace the Forests Act, 1999; and provide for matters connected with, or incidental to, the foregoing.
Date of text
Repealed
No
Serial Imprint
Supplement to the Republic of Zambia Government Gazette of 2015
Source language
English
Legislation Amendment
No
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