Forestry Act (Chapter 63:01)
Malawi
Forestry Act
Chapter 63:01
- Assented to on 9 May 1997
-
Commenced on 22 December 1997
- [This is the version of this document at 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Forestry Act. In this Act, unless the context otherwise requires—"Minister" means the Minister for the time being responsible for forestry matters;"Board" means the Forest Management Board establishment under section 15;"customary land" has the meaning assigned thereto in the Land Act;[Cap. 57:01]"customary land committee" bears the meaning ascribed to it in the Customary Land Act;[5 of 2017; Act 19 of 2016]"forest" means an area of land proclaimed to be a forest under this Act or unproclaimed land with trees on it;"forest management agreement" means an agreement made under section 31;"forest plantation agreement" means an agreement made under section 36 for establishment and management of forest plantations;"forest produce" includes trees, timber, firewood, branch wood, poles, bamboos, chips, sawdust, plants, grass, reeds, peat, thatch, bedding, creepers, leaves, moss, fruits, seed, galls, slabs, roots, bark, rubber, gum, resin, sap, flowers, fungi, honey, wax, earth, water, soil, stones, vertebrates, invertebrates, wild animals, hides, horns, bones, ivory, meat and such other produce as the Minister may, by notice published in the Gazette, declare to be forest produce;"Fund" means the Forest Development and Management Fund established under section 55;"highway authority" has the meaning assigned thereto in the Public Roads Act;[Cap. 69:02]"licensing officer" means, in relation to any licence under this Act, an officer not below the rank of Principal Forestry Officer who may be authorized to issue licences;"livestock" includes cattle, horses, mules, donkeys, pigs, sheep and goats;"local government authority" bears the meaning ascribed to it in the Local Government Act;[5 of 2017; Cap. 22:01]"management authority" in relation to a village forest area, means a person designated as the management authority pursuant to the agreement establishing the village forest area;"National Forest Plan" means a plan prepared under section 5;"officer" means the Director of Forestry and any officer appointed pursuant to section 4;"private land" has the meaning assigned thereto in the Land Act;[Cap. 57:01]"protected forest area" means an area declared as such under section 26;"public land" has the meaning assigned thereto in the Land Act;[Cap. 57:01]"river" includes all natural or artificial water courses in which water ordinarily flows or remains either throughout the year or during particular seasons;"timber" means any tree or part of a tree which has fallen or has been felled and any part of a tree which has been cut and all wood whether sawn, split, hewn, processed or otherwise fashioned;"tree" means a woody perennial plant having a single well defined stem and a more or less defined crown and includes palm, shrubs, bush, climber, seedling, sapling and reshoots of all ages and of all kinds and any part thereof;"village forest area" means an area of customary land established as such by an agreement under section 30;"village natural resources management committee" means a committee elected by stakeholders of the village forest areas.[5 of 2017] The purposes of this Act are—(a)to identify and manage areas of permanent forest cover as protection or production forest in order to maintain environmental stability; to prevent resource degradation and to increase social and economic benefits;(b)to augment, protect and manage trees and forest on customary land in order to meet basic fuelwood and forest produce needs of local communities and for the conservation of soil and water;(c)to promote community involvement in the conservation of trees and forests in forest reserves and protected forest areas in accordance with the provisions of this Act;(d)to empower village natural resources management committees to source financial and technical assistance from the private sector, Non-Governmental Organizations and other organizations;(e)to promote sustainable utilization of timber, fuelwood and other forest produce;(f)to promote optimal land use practices through agroforestry in smallholder farming systems;(g)to upgrade the capability of forestry institutions in the implementation of their resource management responsibilities and in development of human resources in forestry;(h)to control trafficking in wood and other forestry produce including exportation and importation;(i)to protect fragile areas such as steep slopes, river banks, water catchment and to conserve and enhance biodiversity;(j)to provide guidelines in planning and implementation of forestry research and forestry education;(k)to establish a forestry administration; and(l)to promote bilateral, regional and international co-operation in forest augmentation and conservation. There shall be appointed in the public service an officer to be designated as the Director of Forestry and other officers subordinate to him, who shall be responsible for the administration of this Act subject to any general and specific directions of the Minister. The Director of Forestry shall be responsible for—(a)planning, promoting, conducting and assisting in the activities required to maintain, restore and develop the forest cover necessary for soil and water conservation, maintenance of biological diversity and the supply of forest produce;(b)conducting and maintaining inventories of the forest resources and preparing both national forestry plans and forestry management plans;(c)conducting and co-ordinating research into the growth, management, protection and sustainable utilization of forest resources;(d)promoting participatory forestry;(e)facilitating the formation of village natural resources management committees and the establishment of rules of village forest areas;(f)undertaking training programmes for subordinate, technical and professional staff in the Department of Forestry to the highest levels possible;(g)promoting proper harvesting systems, transportation, marketing and sustainable utilization of forest produce;(h)encouraging and promoting proper co-ordination of forestry related activities carried out by other organizations;(i)promoting forest recreation and tourism in forest areas;(j)exercising the control and the management of forest reserves and protected forest areas in accordance with the provisions of this Act;(k)promoting the empowerment of local communities in the augmentation, control and management of customary land trees and forests in accordance with the provisions of this Act;(l)carrying out silvicultural operations or other forest work including operations to prevent pests and diseases, construction of buildings, water works, and roads, erection of power lines, telephone lines and radio masts and any other activities that enhance forest development in any part of a forest reserve or forest plantation;(m)preparing and updating National Forestry Plans in accordance with the National Forestry Policy;(n)co-ordinating forestry development and implementing the Forestry Programme of Action in the Southern Africa Development Community region. Pursuant to the provisions of this Act, and officer may—(a)demand the production by any person of a licence or other authority for any activity committed by such persons for which such licence or other authority is required by or under this Act;(b)without a warrant—(i)stop and inspect any carrier or vehicle which the officer reasonably suspects is carrying any forest produce which has been obtained in contravention of this Act or for which a transportation document is required under this Act;(ii)center any premises in a forest reserve, any land or premises in which any activity licensed under this Act is conducted, or any village forest area or protected forest area and inspect such premises or land;(iii)enter upon any land building, tent, carriages, motor vehicle, trailer, aircraft, boat or locomotive for ensuring that the provisions of this Act are being complied with, or for the purpose of detecting any offence against this Act; and(iv)enter any land or premises and inspect silvicultural, forest harvesting and forest produce processing activities and wherever necessary provide advice on proper methods for carrying out such activities. Any officer may, after consultation with the highway authority, temporarily place a barrier approved by the highway authority across any road in a manner consistent with such road safety standards and specifications as the highway authority shall specify for the purpose of examining or searching any motor vehicle or questioning any person in connexion with the provisions of this Act. Wherever an officer has reason to believe that any person to have committed an offence under this Act, the officer may search the person or property of such person or property in such person’s possession or control. Any forest produce or article seized under section 9 shall be kept safely in the custody of an officer or the village natural resources management committee. Wherever the disposal of government seized forest produce or articles is by sale, all monies realized shall be payable into the Fund established under section 55. The Director of Public Prosecutions may in writing nominate, by rank, any officer or class of officers of the Department of Forestry to undertake and prosecute criminal proceedings in respect of any offence committed under this Act. There is hereby established a Board to be known as the Forestry Management Board. The functions of the Board shall be to advise the Minister on all matters relating to tree and forest management in Malawi, including in particular but not limited to—(a)advising on the declaration and revocation of areas which for the purpose of protecting forest species, biotic communities, sites of special interest or aesthetic values, the Board considers should be declared forest reserves or protected forest areas;(b)advising on the import, export and re-export of tree species specimen into and out of Malawi;(c)initiating, overseeing and approving environmental impact assessments in forest reserves, protected forest areas and fragile sites. A member of the Board, who is not a public officer shall not, by virtue only of his membership to the Board, be deemed to be an officer in the public service. Members of the Board shall be paid an honorarium determined by the Minister and shall be paid reasonable travelling expenses and subsistence allowance while engaged upon the business of the Board at the rate prescribed by the Minister. The purpose of this Part is to provide for the declaration, conservation and management of forest reserves, protected forest areas and the biodiversity. The Minister may, after consultation with the Minister responsible for land matters, by order published in the Gazette, declare any public land not already reserved for another public purpose to be a forest reserve. Any area of land proposed for a forest reserve and which is not public land shall first be acquired in accordance with the provisions of the Land Act and the Lands Acquisition Act.[Cap. 57:01; Cap. 58:04] In assuring the protection and management of forest reserves, the Director of Forestry shall prepare management plans as stipulated in section 5. The Director of Forestry may enter into agreement with local communities for implementation of the management plans that is mutually acceptable to both parties. A declaration made under section 26 shall state the measures required for protection of the areas, the assistance to be provided by the Department of Forestry towards accomplishing such measures and the obligations of the owner, occupier or traditional authority to maintain and protect the forest resources of the area. The purpose ofthis Part is to provide for promotion of participatory forestry on customary land through protection, control and management of trees and forests by the people on customary land, the demarcation and management of village forest areas, ownership of indigenous forest trees, establishment of three nurseries and regulation of forest produce. Notwithstanding anything contained in this Act, a customary land committee may, with the advice of the Director of Forestry, demarcate on unallocated customary land a village forest area which shall be protected and managed in the prescribed manner for the benefit of that village community.[5 of 2017] Any rules made by village natural resources management committees shall be approved by the Minister. The purpose of this Part is to provide for the promotion of tree growing in forest reserves, public land, customary land and private land by the Government, non-governmental organizations and the community. Notwithstanding anything to the contrary contained in this Act, the Minister may authorize the Director of Forestry to enter into a forest plantation agreement with any nongovernmental organization or community who may wish to plant trees in forest reserves, public land, customary land and private land, and such agreement shall—(a)provide for the obligation to grow and manage tree species as specified in the agreement and in accordance with the plantations management plan which shall be approved by the Director of Forestry;(b)convey the right to harvest the forest plantation in accordance with the terms of the agreement;(c)provide for advice and assistance from the Department of Forestry in growing and managing the plantations;(d)specify obligations of each of the parties to the agreement. Any person who plants any tree species on any land which that person is entitled to use for that purpose shall acquire and retain the right to harvest the resulting produce and to dispose of it freely. The purpose of this Part is to provide for the protection of trees, forest and forest produce against fires, pests and diseases. The Director of Forestry may, by notice published in the Gazette, declare any forest area to be a fire protection area and the notice shall regulate the lighting of fires in such area. Any officer may require any person to assist in averting or extinguishing any fire threatening a forest reserve, protected forest area or village forest area. Notwithstanding anything to the contrary contained in this Act, the Minister may authorize the Director of Forestry to—(a)order the spraying or clearing of a compartment of a plantation or of a whole plantation for the purpose of controlling the spreading of pests and diseases;(b)control movement of timber and other forest produce through issue of permits as the pest and disease situation may demand;(c)issue silvicultural notes and technical orders for purposes of controlling pests and diseases;(d)suspend further planting of tree species which are susceptible to pests and diseases;(e)provide for control of vermin causing excessive damage beyond economic threshold in forest reserves;(f)provide for effective phytosanitation for all forest produce and all parts of the tree in accordance with the Plant Protection Act and to regulate importation of tree seed and other wood and forestry produce for purposes of pest and disease control.[Cap. 64:01] Unless under a licence, no person shall deposit litter or noxious waste in forest reserves, protected forest areas and village forest areas. The purpose of this Part is to provide for licensing and sustainable use of forest land and utilization of forest produce on customary land, public land, forest reserves and protected forest areas. Unless under a licence, no person shall—(a)cut, take, fell, destroy, uproot, collect and remove forest produce from a forest reserve, customary land, public land and protected forest area;(b)cultivate crops, graze livestock, clear land, dig or break up land for any road or for any purpose whatsoever on such area of the forest reserve and protected forest area that may be specified in the licence;(c)prospect for and extract minerals in a forest reserve and protected forest area;(d)squat, reside, erect any building, livestock enclosures or any structure in a forest reserve and protected forest area;(e)perform such other acts as may be specified in the licence in the forest reserve and protected forest area. The Director of Forestry may issue to any person a permit in the prescribed form to export or import or re-export certain types of forest produce. The Minister may, in consultation with the Minister responsible for trade, make regulations imposing restrictions on imports and exports and re-exports of certain type of forest produce. The Director of Forestry may, subject to the general or special directions of the Minister, direct in writing that any fees or royalties payable under this Act shall be waived in whole or in part for a specified period. The Director of Forestry may, at any time that it appears to him that there has occurred or is about to occur a violation of any provision of this Act or of any condition of a licence, order the suspension of any or all operations under any licence until the licensee has taken necessary measures to remedy or prevent the violation. The Director of Forestry may refuse to issue a licence if—(a)the applicant fails to comply with any prescribed conditions;(b)any licence formerly held by the applicant under this Act has been revoked by the Director of Forestry within the previous twelve months;(c)the applicant has been convicted of an offence under this Act within the previous twenty-four months;(d)he is satisfied on reasonable ground that the applicant is not a fit or proper person to hold such licence; or(e)he is satisfied that the interest of forest management shall be better served by a temporary freeze in issuing of licence of that class. The Fund shall be vested in the Minister and, subject to this Act, shall be administered in accordance with his directions subject to the provisions of the Finance and Audit Act.[Cap. 37:01] If in any financial year the income of the Fund together with any surplus income brought forward from a previous year is insufficient to meet the actual or estimated liabilities of the Fund, the Minister responsible for finance may make advances to the Fund in order to meet the deficiency or any part thereof and such advances shall be made on such terms and conditions, whether as to repayment or otherwise, as the Minister responsible for finance may determine. The objects for which the Fund is established shall be the conservation, augmentation and management of forest resources and forest lands in Malawi. Without derogation from the generality of section 57, the Fund may be applied to—(a)the inculcation of the twin concepts of multiple purpose management and sustainability in forestry into local communities;(b)the provision of an enabling environment for the participation of the local communities in forest management and conversation;(c)maintenance of equipment and records;(d)the cost of any scheme which the Minister considers to be in the interest of the management of forest reserves;(e)meeting any expenses arising from the establishment and maintenance of the fund; and(f)any purpose which the Minister considers to be in the interest of the objects of the Fund. The Financial year of the Fund shall be the period of twelve months ending on 31st March in each year. The purpose of this Part is to define offences against this Act and to provide for penalties. Any person who, without authority under this Act—(a)fells, cuts, takes, destroys, removes, collects, uproots any indigenous tree or forest property in a forest reserve or protected area;(b)connives with or causes another person to fell, cut, take, destroy, remove, collect, uproot any indigenous tree or forest property in a forest reserve or protected area;(c)squats, resides, erects a building, hut, livestock enclosures or any structure in a forest reserve or protected area;(d)clears, cultivates, digs or breaks up land for any road or for any purpose whatsoever and grazes livestock in a forest reserve or protected areas,shall be guilty of an offence and liable upon conviction to a fine of K5,000 and to imprisonment for a term of two years. Subject to the provisions of this Act, any person who—(a)pursues, kills, hunts, molests, captures or injures any animal, bird, fish, or reptile;(b)collects eggs or spawns from a forest reserve, a protected forest area or a village forest area,shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years. Any person who knowingly contravenes the provisions of section 43 of this Act shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years. Any person who—(a)obstructs or hinders any officer in the performance of his functions under this Act;(b)wilfully or recklessly gives to any officer false or misleading information which the officer is entitled to obtain under this Act;(c)refuses to furnish to any officer on request, particulars or information which the officer is entitled to obtain under this Act, shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years. Any person who, without lawful authority—(a)counterfeits or alters any licence, permit or pass required under this Act;(b)alters or defaces any prescribed document issued under this Act;(c)makes upon or affixes to any forest produce a mark used in connexion with forest produce by the Department of Forestry,shall be guilty of an offence and liable upon conviction to a fine of K20,000 and to imprisonment for a term of ten years. Any person who contravenes the provisions of section 44 shall be guilty of an offence and liable upon conviction to a fine of K5,000 and to imprisonment for a term of two years. Any person who imports, exports or re-exports or attempts to import, export or re-export any forest produce—(a)through any place other than a custom’s post or port; or(b)without producing to a customs officer a valid licence to import or export or re-export the forest produce as the case may be,shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of not less than five years. The purpose of this Part is to provide for the promotion of the management of cross-border forests and forests resources and implementation of agreed national obligations arising from bilateral, regional and international environmental and other related Conventions to which Malawi is a party. For the proper management of cross-border forests and forest resources, the Director of Forestry may jointly produce management plans which shall lead to the realization of common forestry goals in cross-border areas. Implementation of common plans may be reviewed in regional fora such as Joint Permanent Commissions of Cooperation, the Southern Africa Development Community and others. To assure sustainable utilization and marketing forest resources across borders, the Director of Forestry shall institute mechanisms for the verification of the legality of the forest produce being imported or exported. The Minister may, by an order published in the Gazette, specify the measures for the proper implementation of relevant provisions of any convention on forestry to which Malawi is a party. No person shall engage in commercial processing of any wood or forest produce without a permit from the Director of Forestry and such commercial wood processing industries shall include—(a)tobacco curing, brick and tile making, wood carving, lime making, bamboo baskets making and chair making; and(b)wood processing industries, including sawmilling, veneer and plywood, blackboard, fibre and particle board, pulp and paper and any other industries. The Director of Forestry or any other officer shall not be held liable in damages or otherwise to any person by reason of his exercise or non-exercise in good faith of the powers vested in him under this Act. On application by a lessee in accordance with the Land Act, the Director of Forestry may grant permission for forest produce to be removed from, and used outside, the demised premises on payment of land all prescribed royalties to the village natural resources management committee in the area.[Cap. 57:01] The Minister may make regulations for carrying this Act into effect and, without prejudice to the generality of the foregoing, such regulations may—(a)prescribe the form and contents of any application, licence or agreement;(b)prescribe the conditions of any category of licence or agreement;(c)prescribe the rates and manner of payment of royalties, application fees and other fees;(d)regulate or prohibit access to any part of a forest reserve;(e)regulate forest utilization practices;(f)require the recording and reporting of information regarding sustainable utilization of forest and forest produce and approving the form, contents and manner of making records and reports, as submitted by the Director of Forestry;(g)prescribe the methods and requirements of scaling and making forest produce;(h)prescribe the marks to be used by officers in connexion with forest produce;(i)provide for the registration of forest property marks and regulating their use;(j)prescribe standards for the grading of wood and wood products, and requiring that any wood or wood product be graded according to such standards;(k)regulate the transportation, processing, sale of forest produce, including competitive bidding, and requiring permits, licences and documentation of such activities; and(l)prescribe anything required to be prescribed under this Act.Part I – Preliminary
1. Short title
2. Interpretation
3. Purposes of this Act
Part II – Administration
4. Director of Forestry and other officers
5. Duties of the Director of Forestry
6. Inspection by an officer
7. Barriers across roads
8. Search
9. Seizure of forest produce and article
10. Custody of seized forest produce and article
11. Disposal of seized forest produce and article
12. Money from the sale of forest produce or articles to be paid into the Fund
13. Arrest of a person for committing offence
14. Prosecution by officers
Part III – Forestry Management Board
15. Establishment of the Board
16. Composition of the Board
17. Functions of the Board
18. Meetings of the Board
19. Members of the Board not deemed public officers
20. Allowances
Part IV – Forest reserves and protected forest areas
21. Purposes of this Part
22. Declaration of forest reserves
23. Acquisition of land for forest reserve
24. Management of forest reserves
25. Co-management of forest reserves
26. Declaration of protected forest areas
27. Management of protected forest areas
28. Revocation of declaration
Part V – Customary land forest
29. Purpose of this Part
30. Demarcation of village forest areas
31. Forest management agreement
32. Minister may make rules
33. Approval of by-laws
34. Right to naturally growing trees
Part VI – Afforestation
35. Purpose of this Part
36. Forest plantation agreement
37. Right to planted forest produce
Part VII – Forest protection
38. Purpose of this Part
39. Prohibition against fires
40. Declaration of fire protection area
41. Assistance in fire fighting
42. Forest pest and desease control
43. Prohibition of possession or use of weapons, traps, explosives, poisons or hunting animals
44. Prohibition of deposition of litter and waste
Part VIII – Utilization of forest produce in forest reserves and customary land
45. Purpose of this Part
46. Acts under licence
47. Permit for exportation, importation and re-exportation of forest produce
48. Restrictions on, exports, import and re-exports of forest produce
49. Waiver of fees, etc.
50. Forest produce from customary land
51. Suspension of a licence
52. Grounds on which a licence may be refused
53. Cancellation of a licence
54. Appeal to the Minister against refusal, suspension or cancellation of a licence
Part IX – Forest Development and Management Fund
55. Establishment of the Fund
56. The Fund to vest in the Minister
57. Advances to the Fund
58. Objects of the Funds
59. Application of the Fund
60. Books and other records of accounts, audit and reports of the Fund
61. Holdings of the Fund
62. Financial year
Part X – Offences and penalties
63. Purpose of this Part
64. Offences relating to forest reserves and protected forest areas
65. Offences relating to fires
66. Offences relating to wildlife
67. Offences relating to forest pests and diseases
68. Offences relating to possession or trafficking of forest produce
69. Offences relating to obstruction of officers
70. Offences relating to official documents or stamps
71. Offences relating to possession or use of weapons, traps, explosives and poisons for hunting animals
72. Offences relating to deposition of litter and waste
73. Offences relating to import, export and re-export of forest produce
74. Additional orders upon conviction
75. Authority to compound offences
Part XI – International co-operation in forestry
76. Purpose of this Part
77. Cross-border management
78. Regional fora
79. Cross-border trade in forest produce
80. Implementation of agreements
Part XII – Miscellaneous
81. Charcoal licensing
82. Permit for wood using and wood processing industries
83. Utilization of and trafficking in indigenous timber from private land
84. General indemnity
85. Disposal of forest produce from private land
Part XIII – Regulations
86. Regulations
Part XIV – Repeal and savings
87. Repeal and savings