Professional Documents
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Si 146 2
Si 146 2
Arrangement of Rules.
Rule
1. Citation.
2. Application.
3. Classification of trees.
4. Forms.
5. Licences.
6. Issue of licences at prescribed fees.
7. Issue of licences by public tender.
8. Issue of licences by public auction.
9. Issue of licences by private treaty.
10. Special licences and permits.
11. Security for fulfillment of obligations.
12. Conditions under which persons may be exempted from the
payment of fees.
13. Closing of areas.
14. Permits.
15. Cancellation of permit.
16. Oath to be taken by honorary forest officers.
17. Prohibition of possessing inflammable materials.
18. Exemption of certain persons from payment of fees.
19. Trade names of timbers for export.
Schedules
1. Citation.
2. Application.
These Rules shall only apply to central forest reserves and open land, other
than open land in an area declared by statutory order to have an adequate
forest estate, and forest produce grown or produced on such reserves or land.
3. Classification of trees.
For the purpose of these Rules, trees shall be classified in the manner set out
in Part B of the First Schedule to these Rules. Trees of the species marked
with an asterisk in that Part of that Schedule shall be known as reserved
forest produce.
4. Forms.
5. Licences.
(1) Any of the persons authorised under section 11(1) of the Act to
issue licences may dispose of forest produce by the issue of licences to cut,
take, work or remove forest produce—
(a) subject to rule 6 of these Rules, on payment of the fees set out in
Part A of the First Schedule of these Rules;
(b) where the licence is advertised for disposal by public tender, on
payment of such fees as may be decided by the issuing officer
after the tenders have been received;
(c) where the licence is disposed of by public auction or private
treaty, subject to and in accordance with rule 8 or 9 of these
Rules, as the case may be; or
(d) free of charge—
(i) to any person exempted from the payment of fees; or
(ii) if the issuing officer is satisfied that the disposal of any
forest produce without charge would be of advantage to the
Government.
The issue of licences at the fees prescribed in Part A of the First Schedule to
these Rules shall be subject to the following conditions—
(a) where a maximum and minimum fee is prescribed the chief
conservator shall fix the fees after considering the species, the
accessibility and the potential market value of the produce
concerned;
(b) the fees prescribed shall apply to standing produce, that is to say
produce which has not been felled, cut up or gathered. The chief
conservator shall be entitled to charge extra fees for any expenses
the Government may incur in the felling, preparing, loading,
delivering or otherwise dealing with the produce or for
supervising that work;
(c) the fees shall be paid at the time when the licence is granted or at
such other time as may be stated on the licence.
The issue of licences by private treaty shall be subject to such terms and
conditions, including terms and conditions as to the payment of fees, as may
be agreed.
(1) When any person or class of persons has been exempted from the
payment of fees for the cutting or removal of forest produce, the exemption
shall be subject to the following conditions—
(a) that the person or class of persons shall use the produce only for
his or her or their own personal use for buildings and domestic
purposes, for local authority buildings, for native tribal use, or for
such medical, educational, religious and other purposes as shall
have been authorised by the Minister;
(b) that no reserved forest produce is cut or removed without a
permit which shall be issued at the discretion of the issuing
officer and in no case shall the produce be cut if of less than the
minimum girth prescribed in the fourth column of Part B of the
First Schedule to these Rules;
(c) that no trees planted by or on behalf of the Government or by or
on behalf of the occupier of any open land or that person’s
forbearers are cut or removed;
(d) that no such produce is cut or removed in any area declared under
the Sleeping Sickness Act to be a restricted area or a closed area;
and
(e) that no such produce is sold, bartered, or exchanged or used to
pay, recompense or reward any person.
(1) A senior forest officer may declare any area closed for the cutting
or removal of forest produce or any class of forest produce if he or she
considers it necessary—
(a) for the proper planning and administration of the area;
(b) in order that there should be proper regeneration of any forest
produce;
(c) to safeguard the requirements of a particular market; or
(d) to safeguard the economic or climatic value of any forest.
(2) Where an area has been closed under subrule (1) of this rule, it
shall be unlawful for any person to cut or remove forest produce in that area,
or, if the declaration has been made only in respect of certain forest produce,
to cut or remove that produce.
14. Permits.
(2) No fee shall be payable on the grant of a permit under this rule.
A senior forest officer may at any time suspend or cancel a permit if the
holder of the permit contravenes or fails to comply with any condition of the
permit or is convicted of an offence under the Act.
Every honorary forest officer shall before assuming his or her duties take an
oath before a magistrate in the following form—
“I, ________________, swear that I will be faithful and bear true
allegiance to the Republic of Uganda, and that I will faithfully
serve the Government of Uganda in the office of honorary forest
officer in Uganda. So help me God.”
No person shall possess in or bring into a forest reserve, unless that person
lawfully resides in the reserve, any articles or materials of any inflammable
or combustible nature unless those materials are necessarily required for the
lawful cutting or removing of forest produce.
The persons set out in the first column of the Third Schedule to these Rules
are exempted from the payment of the fees set out in the second column of
that Schedule.
The timbers set out in the first column of the Fourth Schedule to these Rules
shall, where any such timber is intended for export, be referred to only by the
name set out in the second column of that Schedule or, in any case where no
name is included in the second column, by the name or one of the names
appearing in the third column of that Schedule.
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SCHEDULES
First Schedule.
rules 3, 5, 6, 12.
Forest produce fees and classification of trees.1
Part A.
Forest produce fees.
1
This Schedule is in effect amended by the Forests (Produce Fees and Licences) Rules, S.I.
146-3. The commissioners incorporated a reference to S.I. 146-3 for items clearly covered
by that statutory instrument.
(4) Fence posts—
(a) treated with preservative by the sap Cents 5 to 10 per 2 centimetres butt diameter
diffusion process and per 20 centimetres length of post
(b) treated with preservative by the hot
and cold process —
except that classes II-IV are covered by
S.I. 146-3.
(5) Firewood— Bush firewood Plantation firewood
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Second Schedule.
rules 4, 5, 14.
Forms.
Form A.
Licence to Take Forest Produce.
The Forests Act.
Subject to the conditions of the Forests Act and any Rules made under it and
to the terms and conditions stated in this licence, ______________________
of ____________________________ is authorised to cut, take and remove
the undermentioned forest produce from the _____________________ Forest
Reserve/open lands within the period ______________ to _____________.
Total charges
______________________________ ________________________________________
Issuing Officer Designation
Distribution—
Original to licensee
1
At breast height, i.e., 1.3 metres above the ground.
Duplicate for account
Triplicate to remain in the book
Conditions.
1. The licensee shall cut and take only such forest produce as shall have
been marked or otherwise designated for that purpose by a forest officer.
2. The licensee shall not remove from the place of felling or collection any
forest produce allowed by this licence until the produce has been measured and/or
marked by a forest officer with the forest department hammer mark.
4. The licensee and his or her servants and employees shall at all times
assist forest officers in the prevention and extinction of fires in or threatening the
area the subject of this licence, and in the prevention and detection of forest
offences.
5. In the event of a breach of the Forests Act or any rules made under it
or any term or condition of this licence, this licence may be cancelled and the forest
produce forfeited, without prejudice to any proceedings which may be taken in
respect of the breach.
6. The licensee shall, on the expiry of this licence or on the earlier removal
of the forest produce allowed by the licence, produce this licence to a forest officer
for endorsement.
Subject to the conditions of the Forests Act and any rules made under it and to the
terms and conditions stated in this licence, _________________________________
of _____________________________ is authorised to fell/collect for measurement
the undermentioned trees/forest produce from the _____________________ Forest
Reserve/open land within the period _______________ to ___________________.
___________________________ ____________________________________
Issuing Officer Designation
Distribution—
Original to licensee
Duplicate for the account
Triplicate to remain in the book
2
Unless otherwise stated, at breast height, i.e., 1.3 metres above the ground.
Conditions.
1. The licensee shall fell only such trees or collect such produce as shall
have been marked or otherwise designated for felling or collection by a forest
officer.
2. Within seven days of felling the trees or collecting the produce allowed,
the licensee shall notify a forest officer of the felling or collection in order that the
forest officer may measure the trees or produce.
3. The licensee shall not commence to saw up or convert any trees the
felling of which is allowed by this licence or remove from the place of felling or
collection any trees or produce the felling or collection of which is allowed by this
licence until he or she has been authorised to do so by a licence to take forest
produce in Form A.
5. The licensee and his or her servants and employees shall at all times
assist forest officers in the prevention and extinction of fires in or threatening the
area subject of this licence, and in the prevention and detection of forest offences.
6. In the event of a breach of the Forests Act or any rules made under it
or any term or condition of this licence, this licence may be cancelled and the forest
produce forfeited without prejudice to any proceedings which may be taken in
respect of the breach.
7. The licensee shall, on the expiry of this licence or when the trees or
produce allowed by it have been measured by a forest officer, whichever is the
sooner, surrender this licence to the issuing officer.
8. If the fees due in accordance with the First Schedule to the Forests
Rules on the produce felled or collected under this licence are paid within one month
of the date on which the trees or produce are measured and provided that the
licensee has fulfilled the conditions of this licence, these fees will be reduced by the
amount paid on this licence.
Subject to the conditions of the Forests Act and any rules made under it and
to the terms and conditions stated in this permit, ____________________ of
____________________________ is authorised to reside and/or cultivate
and/or graze livestock1 in the _______________ block/compartment1 of the
_____________________________ Central Forest Reserve during the period
__________________ to _______________ to the extent stated hereunder—
__________________________ _________________________________
Issuing Officer Designation
Distribution—
Original to permit holder
Duplicate to remain in the book
Conditions.
2. The permit holder and his or her servants and employees shall at
all times assist forest officers in the prevention and extinction of fires in or
1
Delete which does not apply.
threatening the area the subject of this permit, and in the prevention and
detection of forest offences.
9. The permit holder shall remove at his or her own expense all
buildings and crops erected or planted under this permit within _____ months
of the expiry of this permit.
10. The permit holder may at any time terminate this permit by giving
the issuing officer not less than three months’ notice of the termination.
12. If at any time a senior forest officer considers that the continuance
of grazing is likely to lead to deterioration of the soil or vegetation on the
area the subject of this permit, he or she may terminate the permit by giving
the permit holder one month’s written notice of the termination.
13. The permit holder may at any time terminate this permit by giving
the issuing officer not less than one month’s notice of the termination.
Subject to the conditions of the Forests Act and any rules made under it and
to the terms and conditions stated in this permit, ______________________
of ___________________ is authorised to reside on and cultivate
encroachment No. ____________ (hereafter called “the encroachment”) in
the _______________ Central Forest Reserve for which he or she has, prior
to the issue of this permit, held a temporary occupation licence.
_________________________ ________________________________
Issuing Officer Designation
Distribution—
Original to permit holder
Duplicate to remain in the book
Conditions.
4. The permit holder and his or her family shall at all times assist
forest officers in the prevention and extinction of fires and the prevention and
detection of forest offences in the _______________ Central Forest Reserve.
Subject to the conditions of the Forests Act and any rules made under it and
to the terms and conditions stated in this permit, ______________________
of __________________ is authorised to ____________________________
_________________________________________ in the _______________
Central Forest Reserve.
__________________________ ________________________________
Issuing Officer Designation
Distribution—
Original to permit holder
Duplicate to remain in the book
Conditions.
2. The permit holder and his or her servants and employees shall at
all times assist forest officers in the prevention and extinction of fires in or
threatening the area the subject of this permit, and in the prevention and
detection of forest offences.
Form F.
Agreement to Pay Compensation for Contravention of the Act or Rules
Made Under the Act.
The Forests Act.
No. _______________
I, _________________________ of _______________________________,
admit that I have contravened _______________ and rather than be
prosecuted for this contravention I elect of my own free will to pay under and
in accordance with section 27 of the Forests Act the sum of __________
shillings compensation as assessed by
_______________________________.
_________________________________
Signature of the Contravener
________________________________
Signature of Witness to Above
Agreement
No. ________________
Date ________________
Station ________________
_________________________________
Signature
_____
Third Schedule.
rule 18.
Persons exempted from payment of fees.
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Fourth Schedule.
rule 19.
Standard (trade) names prescribed for Uganda timbers.
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Cross References
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