CHAPTER 323
FORESTS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Administration of Act.

   4.   Minister may appoint honorary forest officers.

PART II
CREATION OF FOREST RESERVES

   5.   Declaration of forest reserve.

   6.   Requirements for declaration of area as forest reserve.

   7.   Recording of rights in relation to land or forest produce.

   8.   Grant of permits to take forest produce.

   9.   Restriction on creation of new rights in area of intended reserve.

PART III
LOCAL AUTHORITY FOREST RESERVES

   10.   Local authorities to manage local authority forest reserves.

   11.   Local authority may appoint manager.

   12.   Control of Chief Conservator over management of local authority forest reserves.

   13.   Cancellation of declaration in respect of local authority forest reserves.

PART IV
FORESTRY DEDICATION COVENANTS

   14.   Forestry dedication covenants.

PART V
PROTECTION OF FORESTS AND FOREST PRODUCE

   15.   Restrictions and prohibitions within forest reserves.

   16.   Public to assist in protecting forest reserve from fire.

   17.   Reserved trees.

   18.   Restrictions over the use of trees in unreserved land.

PART VI
LICENCES

   19.   Grant of licences.

PART VII
POWER OF OFFICERS

   20.   Power to demand licence or authority for acts done of seizure and arrest.

   21.   Power to compound offences.

PART VIII
MISCELLANEOUS OFFENCES

   22.   Unlawful receiving or possession of forest produce.

   23.   Failure to comply with certain provisions of licences.

   24.   Counterfeiting and similar offences.

   25.   Interference with or obstruction of officers or staff of the Forest Division.

PART IX
GENERAL PROVISIONS

   26.   In certain cases trees or forest produce presumed to be the property of the Government and land presumed to be unreserved land.

   27.   Penalties.

   28.   Operation of other laws not barred.

   29.   Saving of Common Law rights.

   30.   Power to reward informers.

PART X
RULES, EXEMPTIONS AND SAVING

   31.   Power to make rules.

   32.   Power to grant exemptions.

   33.   Saving of mining rights and amendment of Mining Ordinance.

PART XI
REPEAL AND SAVINGS

   34.   [Repeal of R.L. Cap. 132.]

CHAPTER 323
THE FORESTS ACT

An Act to provide for the conservation and management of forests and forest produce.

[1st April, 1959]

R.L. Cap. 389
Ord. Nos.
14 of 1959
30 of 1959
G.Ns. Nos.
74 of 1959
76 of 1959
478 of 1962
Acts Nos.
43 of 1963
1 of 1964
51 of 1964
8 of 1979
29 of 1994
18 of 1997

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Forests Act.

2.   Interpretation

   In this Act unless the context otherwise requires–

   "African" means a person belonging to a tribe of Tanzania;

   "Chief Conservator" means the person for the time being performing the duties of the Chief Conservator of Forests;

   "court" means a court having jurisdiction to try a charge of any offence under this Act;

   "firewood" includes parts of trees made up into bundles or loads, or cut wood for burning, and all refuse wood generally, but does not include logs or poles;

   "forest manager" means a person appointed in that capacity under section 11;

   "forest officer " 1 means any officer of the Forest Division of or above the rank of forest guard and includes an honorary forest officer appointed under section 4;

   "forest produce" includes–

   (a)   trees, timber, firewood, charcoal, sawdust, withies, bark, bast, roots, fibres, resins, gums, latex, sap, galls, leaves, fruits and seeds;

   (b)   within forest reserves only, vegetation of any kind, litter, soil, peat, honey, wax and wild silk; and

   (c)   such other things as the Minister may notice published in the Gazette declare to be forest produce, either generally or within any forest reserve;

   "forest reserve" includes a territorial forest reserve and a local authority forest reserve;

   "leasehold land" does not include any land held under a mining claim granted under the Mining Act * ;

   "licence" means a valid licence granted by the Chief Conservator of Forests, or any person duly authorised by him in that behalf, or by a local authority, under section 19;

   "livestock" includes cattle, sheep, goats, pigs, horses, donkeys, mules and all other domesticated animals and their young;

   "local authority" includes a district council, municipal council, town council, and urban council;

   "local authority forest reserve" means an area declared to be a local authority forest reserve under section 5;

   "log" means the stem of a tree or a length of stem or branch after felling, cross-cutting and trimming, but does not include a pole;

   "Minister" means the Minister responsible for matters relating to forests;

   "owner" in relation to any land means any person having a freehold or leasehold estate, or any interest deemed under any law for the time being in force to be a freehold or leasehold estate in, or a right of occupancy in respect of, such land;

   "permit" means a permit in writing issued by the Chief Conservator under section 8;

   "pole" means a tree or part of a tree of suitable size for use in the round as a telegraph, telephone, power transmission or building pole or for similar purposes;

   "police officer" means a police officer as defined in section 2 of the Police Force and Auxiliary Services Act *;

   "public highway" means a public highway as defined in the Highway Act;

   "reserved tree" means any tree declared by order made under section 17 to be a reserved tree;

   "senior forest officer" means any officer of the Forest Division of or above the rank of forester;

   "territorial forest reserve" means an area declared to be a territorial forest reserve under section 5;

   "timber" means any tree or part of a tree which has fallen or been felled or cut off, and all wood, whether or not sawn, split, hewn or otherwise cut up or fashioned, but does not include firewood or poles;

   "tree" includes palms, bamboos, canes, shrubs, bushes, plants, poles, climbers, seedlings, saplings, and the re-growth thereof of all ages and all kinds and any part thereof;

   "unreserved land" means land not situated within a forest reserve which is not freehold or leasehold land, or not deemed to be freehold or leasehold land under any law for the time being in force or, land occupied under a right of occupancy granted under section 6 of the Land Act *.

3.   Administration of Act

   The Chief Conservator and the officers and staff of the Forest Division shall be responsible for the administration of this Act.

4.   Minister may appoint honorary forest officers

   The Minister may by notice published in the Gazette appoint any person he deems fit to be an honorary forest officer for the purposes of this Act, and any such appointment shall be for such period as may be specified in the said notice and the Minister may in his discretion at any time revoke such appointment.

PART II
CREATION OF FOREST RESERVES (ss 5-9)

5.   Declaration of forest reserve

   (1) Subject to the provisions of section 6, the Minister may by order published in the Gazette declare any area of unreserved land to be a territorial forest reserve or a local authority forest reserve as from the date specified in the order and may at any time vary or revoke such order:

   Provided that before making, varying or revoking any order in respect of a forest reserve situate within the conservation area established under the Ngorongoro Conservation Area Act *, the Minister shall consult the Ngorongoro Conservation Area Authority.

   (2) As soon as practicable after the publication of an order made under subsection (1) declaring any area of unreserved land to be a territorial forest reserve, the Chief Conservator shall cause the boundaries of such forest reserve to be visibly demarcated on the ground.

   (3) As soon as practicable after the publication of an order made under subsection (1) declaring any area of unreserved land to be a local authority forest reserve, the local authority concerned shall cause the boundaries of such forest reserve to be visibly demarcated on the ground.

6.   Requirements for declaration of area as forest reserve

   (1) Before the Minister makes any order under section 5 declaring any area of land to be or form part of a forest reserve he shall–

   (a)   ascertain that the Chief Conservator has given not less than ninety days notice in writing of the proposed declaration of the said area as a forest reserve, which notice shall describe the proposed boundaries of the forest reserve, and that such notice has been published in the Gazette and exhibited at the office of every District Commissioner within whose district any part of the said area is situate, and in such other manner as may be customary in the area concerned;

   (b)   take into consideration any grounds of objection that may be notified in accordance with subsection (2);

   (c)   satisfy himself that–

      (i)   all claims to rights in relation to land or forest produce notified in accordance with subsection (2) have been investigated and determined in accordance with the provisions of subsection (4);

      (ii)   all rights so claimed which have been determined to be lawfully exercisable by any person or group of persons within the said area have been recorded in accordance with the provisions of section 7 or have been voluntarily surrendered;

      (iii)   in the case of voluntary surrender such compensation, (if any) as may be attributable to the loss of the said rights has been assessed in accordance with the provisions of subsection (9) and has been or will be duly paid.

   (2) Any person or group of persons who–

   (a)   objects to the declaration of such an area as a forest reserve; or

   (b)   claims any rights in relation to land or forest produce in such area or part thereof,

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