0

CROSS RIVER – FOREST LAW

at
Categories
Tags
You may order a PDF copy of this Law in copyable format by emailing info@lawnigeria.com and lawnigeria@gmail.com. A fee of N1000 apply.

 

 

LAWS OF CROSS RIVER STATE

CHAPTER F5

FOREST LAW

ARRANGEMENT OF SECTIONS

PART 1

General Provisions

SECTION

  1. Power to exempt certain persons, tribe or area.
  2. Delegation of powers by Commissioner.
  3. Appointment of officers.
  4. Improvement of forest generally.

PART 2

Constitution of Forest Reserves and Declaration of Protected Forests

  1. Commissioner may constitute forest reserves and declare protected forests.
  2. Preliminary notification of intention to create a reserve and appointment of reserve settlement officer.
  3. Notice of inquiry.
  4. Duty of reserve settlement officer at inquiry.
  5. Reserve settlement officer to have judicial powers.
  6. Reserve settlement officer may join or sever claims.
  7. Submission of reserve settlement officer’s findings on completion of inquiry.
  8. Rights may be extinguished or modified by Commissioner.
  9. Notification of lands to be reserved and rights admitted.
  10. Appeals from notice specifying lands to be reserved and rights admitted.
  11. Order of Commissioner constituting a forest reserve.
  12. Revision or modification of orders constituting a forest reserve.
  13. Extinguishment and revival of rights.
  14. No new rights to be acquired without approval in lands to be constituted a forest reserve.
  15. Rights in forest reserves may not be alienated without approval.
  16. Non-exercise of rights.
  17. Rights of way and watercourses may be closed.
  18. Lands and rights may be granted absolutely to Government.
  19. Marking of boundaries.
  20. Power to de-reserve.

PART 3

Administration of Forest Reserves and Protected Forests

  1. Control of forest reserves and protected forests.

SECTION

  1. Working plans.
  2. Forest produce required for public purposes may be taken.

PART 4

Local Government Plantations and Forest Reserves

  1. Control of local government forest plantations and forest reserves.

PART 5

Licences

  1. Grant of licences by Commissioner.

PART 6

Disposal of Fees and Royalties

  1. Disposal of fees and royalties.

PART 7

Regulations

  1. Power of Commissioner to make regulations and prescribe penalties for contravention thereof.
  2. Power to exclude area from regulations.

PART 8

Offences and Legal Procedure

  1. Prevention of offences.
  2. Inspection of forest produce.
  3. Seizure of forest produce.
  4. Arrest of suspected persons.
  5. Onus of proof.
  6. Admission in evidence of maps of forest officer.
  7. Offences in respect of property and boundary marks.
  8. Offences in forest reserve.
  9. Saving in respect of section 40.
  10. Offences in protected forest.
  11. Additional penalties.
  12. Forest officer may compound offences.
  13. Presumption as to ownership of forest produce.
  14. Defence in proceedings.
  15. Legal proceedings.

 

PART 9

Repeal and Saving

SECTION

  1. Saving as to existing forest reserves.
  2. Effect of certain things done under Forestry Ordinance.

PART 10

Preliminary

  1. Interpretation.
  2. Short title.

 

 

 

CHAPTER F5

FOREST LAW

A Law for the preservation and control of forests in Cross River State.

(1st April, 1956)

[Commencement]

PART 1

General Provisions

  1. Power to exempt certain persons, tribe or area

The Commissioner may, by notice in the Gazette, and either for the period mentioned in the notice, or without any period assigned, withdraw from the operation of all or any of the provisions of this Law any class of persons, tribe or part of a tribe or any area specified therein.

  1. Delegation of powers by Commissioner

(1)     The Commissioner may, by notice in the Gazette and subject to such conditions, exceptions and qualifications as he may specify, depute any person, by name or office, to exercise or perform on his behalf, such of the powers and duties conferred upon him by this Law as he may specify and thereupon, or from the date specified in the notice, the person so deputed shall have and exercise such powers and perform such duties subject as aforesaid.

(2)     The Commissioner may, in the like manner, revoke any such notice, and may exercise any powers or perform any duties conferred upon him by this Law, notwithstanding the delegation by him of such powers or duties.

  1. Appointment of officers

The Civil Service Commission may appoint such officers as may be necessary for giving effect to the provisions of this Law.

  1. Improvement of forest generally

Any forest officer, not below the rank of Assistant Conservator of Forests, may enter upon any land and, with any necessary workmen, may cut out and destroy any diseased, dead or dying tree or any tree likely to cause damage to any forest property or to life or property.

PART 2

Constitution of Forest Reserves and Declaration of Protected Forests

  1. Commissioner may constitute forest reserves and declare protected forests

(1)     The Commissioner may constitute, as forest reserves, any of the following lands—

(a)     lands at the disposal of the Government;

(b)     any lands in respect of which it appears to the Commissioner that the forest growth on such lands should be protected or reserved or forest growth be established.

(2)     The Commissioner may, by notice in the Gazette, declare any such lands to be a protected forest.

  1. Preliminary notification of intention to create a reserve and appointment of reserve settlement officer

(1)     Before constituting any lands as a forest reserve, the Commissioner shall publish in the Gazette a notice—

(a)     specifying, as nearly as may be, the situation and the limits of the lands;

(b)     declaring that the lands now form a protected forest;

(c)     declaring whether the lands are at the disposal of the Government or are lands coming within paragraph (b) of section 7;

(d)     declaring that it is intended to constitute the lands a forest reserve, either for the general purposes of the Government or for the particular use and benefit wholly or in part of any class or persons or for the benefit of any community;

(e)      appointing an officer, hereinafter referred to as a “reserve settlement officer”, to inquire into and determine the existence, nature and extent of any rights, claimed by or alleged to exist in favour of any persons or communities or brought to the knowledge of the said officer, affecting the lands or any other rights in or over the lands which it is proposed to constitute a forest reserve.

(2)(a) If, for any reason, the reserve settlement officer appointed under this section is unable to perform his duties, the Commissioner may, by notice in the Gazette, appoint any person to act on his behalf or as his successor.

(b)     The notice so appointing may have retrospective effect for a period not exceeding one month.

(3)     The Commissioner may, by notice in the Gazette, revoke any notice under section 7 or 8.

  1. Notice of inquiry

Upon publication of the notice aforesaid, the reserve settlement officer shall—

(a)     immediately cause the particulars contained therein to be made known in the areas under the jurisdiction of the local government in which the lands are situated by causing the same to be read and interpreted in the local language in every customary court in the said areas under the jurisdiction of the local government, and also as far as he considers essential, by informing in writing the chiefs of the communities dwelling on, and the local government having jurisdiction over, the lands aforesaid; and

(b)     fix, and in the manner aforesaid, make known a period within which, and a place to or at which, any person or community claiming any right or rights in or over or affecting the lands which it is proposed to constitute a forest reserve shall either send in a written statement of claims to him or appear before him and state orally the nature and extent of his or its alleged rights.

  1. Duty of reserve settlement officer at inquiry

(1)     As soon as possible after expiration of the period fixed by the reserve settlement officer, he shall—

(a)     inquire into and determine the limits of the lands specified in the notice aforesaid; and

(b)     determine the nature and extent of any claims or alleged rights affecting the lands which have been preferred or brought to his notice.

(2)     The reserve settlement officer shall keep a record in writing of—

(a)     all such claims and alleged rights;

(b)     all objections which may be made to such claims or alleged rights; and

(c)     any evidence in support of or in opposition to any claim or alleged right.

  1. Reserve settlement officer to have judicial powers

For the purposes of the inquiry, the reserve settlement officer shall have all the powers conferred by law upon a magistrate.

  1. Reserve settlement officer may join or sever claims

The reserve settlement officer may, at any time during the inquiry, join any number of claims or sever any claims joined and, in his findings, may join any number of claims or sever any claims which were formerly joined.

  1. Submission of reserve settlement officer’s findings on completion of inquiry

Upon the completion of the inquiry, the reserve settlement officer shall submit to the Chief Conservator for the consideration of the Commissioner his findings, describing the limits of the lands specified in the notice under section 8 and setting forth, with all such particulars as may be necessary to define their nature, duration, incidence and extent, all claims and alleged rights preferred or brought to his knowledge in respect of the lands and admitting or rejecting the same wholly or in part.

  1. Rights may be extinguished or modified by Commissioner

Where the reserve settlement officer has admitted wholly or in part any right or claim and, in the opinion of the Chief Conservator, the exercise of such right or claim or any part thereof—

(1)     would stultify the objects of the proposed forest reserve;

(2)     would seriously hinder the efficient working of the proposed forest reserve; or

(3)     would do serious damage to the proposed forest reserve; the Commissioner—

(a)     may extinguish any such rights or claims and shall either give monetary compensation or grant in exchange similar rights on other similarly situated land either within or without the final boundaries of the forest reserve;

(b)     may confine or restrict any such rights or claims to certain areas either within or without the final boundaries of the forest reserve or the exercise of such rights to certain times of the year;

(c)     may make an enclave or so amend the boundaries of the proposed forest reserve so as to exclude, from the forest reserve, any areas over which such rights or claims have been admitted;

(d)     may add such additional rights as he shall consider it just and equitable to allow, notwithstanding that the reserve settlement officer has not admitted such rights; or

(e)     may adopt wholly, or in part, any one or any combination of the above methods of dealing with the matter Provided that, in altering the external boundaries of the proposed forest reserve, the Commissioner shall not include any area which lies outside the original limits set out in the notice published in accordance with the provisions of section 8.

  1. Notification of lands to be reserved and rights admitted

(1)     The Commissioner shall, thereupon, publish a notice in the Gazette specifying—

(a)     the lands which it is finally intended to constitute a forest reserve;

(b)     the rights which may be exercised within the proposed forest reserve; and

(c)     any other special conditions affecting the proposed forest reserve.

(2)     The notice shall be made known in the same manner as the notice published under section 8 and to every person who, and the representative of any community which, preferred any claim or in respect of which any claim was brought to the knowledge of the reserve settlement officer.

  1. Appeals from notice specifying lands to be reserve and rights admitted

(1) Any person who has made a claim on his own behalf or, where a claim has been made on the behalf of a community, the representative of that community, may, within three months of the date of publication of the notice under section 15 appeal to the High Court in whose area of jurisdiction the proposed forest reserve is situated against that portion of the notice which affects his claim or the claim made on the behalf of the community which he represents.

(2)     The Chief Judge of the High Court may make rules in respect of appeals and may in the rules prescribes fees to be paid in respect of appeals.

(3)     The decision on appeal of the High Court shall be final.

  1. Order of Commissioner constituting a forest reserve

(1)     After the time limited under section 14 for appealing to the High Court has elapsed or, if there has been an appeal, after the determination of the appeal, the Commissioner may, after taking into consideration the decision on appeal of the High Court, make an order constituting as a forest reserve the lands in respect of which an inquiry has been held.

(2)     The order shall set forth—

(a)     the limits of the lands which constitute the forest reserve; and

(b)     all rights affecting the same, as set forth in the notice published under section 13, or established by the court upon appeal against such notice.

(3)     The order shall be published in the Gazette and made known in the same manner as the notice published under section 8.

(4)     From the date of the publication of the order in the Gazette such lands shall be a forest reserve.

  1. Revision or modification of orders constituting a forest reserve

(1)     Any order made under section 15 may be revised or modified by the Commissioner and such revision or modification may be given retrospective effect.

(2)     In any revision or modification made under this section the Commissioner may, after further inquiry if such be deemed necessary—

(a)     exercise the powers conferred on him by section 13;

(b)     add such additional rights as he shall consider it just and equitable to allow notwithstanding that such rights had not been admitted in the notice published under section 15;

(c)     provide for any two or more contiguous forest reserves being joined to form one          forest reserve.

  1. Extinguishment and revival of rights

Every right in or over land in respect of which no claim shall have been made to the reserve settlement officer or of which no knowledge shall have been acquired by that officer shall be extinguished: Provided that if any person shall, within one year of the date of the publication in the Gazette of the notice under section 8, claim, and satisfy the Commissioner that he was possessed of, a right in respect of which he might have made a claim and that, through ignorance of the fact that an inquiry was being held or for other sufficient reason, he failed to make such claim, the Commissioner may direct—

(1)     that such right shall be revived;

(2)     that such right shall be modified; or

(3)     extinguished in accordance with the provisions of section 12.

  1. No new rights to be acquired without approval in lands to be constituted a forest reserve

During the period between the dates of the publication under section 6 of the notice of the intention to create a forest reserve and of the order under section 15 constituting the forest reserve—

(1)     no right shall be acquired in or over the lands comprised within such notice otherwise than by succession or under a grant or contract in writing entered into with the approval of the Commissioner; and

(2)     no act or thing shall be done in contravention of section 42 except that any right admitted in the notice published under section 15 may be exercised, to the extent and in the manner described therein, by the communities or persons to whom it was admitted, without prejudice to any subsequent revision or modification as provided for in this Law.

  1. Rights in forest reserves may not be alienated without approval

(1)     Without the consent of the Commissioner first obtained, it shall be unlawful for any person or community to alienate, by sale, mortgage or transfer, any right admitted in an order made under section 17.

(2)     Any sale, mortgage or transfer effected without consent shall be null and void.

  1. Non-exercise of rights

Any right in a forest reserve admitted in an order made under section 17 and not exercised for a period of ten years shall be deemed to be extinguished.

  1. Rights of way and watercourses may be closed

Provided that another right of way or watercourse is available, the Commissioner may, by notice in the Gazette, close any right of way or watercourse in a forest reserve.

  1. Lands and rights may be granted absolutely to Government

Notwithstanding any customary law to the contrary, any person, and the chief or head of any community on behalf of the community, shall be entitled to enter into any agreement to grant and convey absolutely to the Government any lands, and any rights in and over any lands, owned by him or it, which it is proposed to constitute a forest reserve under the provisions of this Law.

  1. Marking of boundaries

The Commissioner may require any person, with any necessary workmen, to enter upon any lands for the purpose of erecting any beacons or demarcating or cutting any boundary lines within and around any lands which it is proposed to constitute a forest reserve or a protected forest and around any portions of lands included as enclaves.

  1. Power to de-reserve

The Commissioner may, by notice in the Gazette, direct that, from a date named therein, any lands or any part thereof, constituted a forest reserve under section 17, shall cease to be a forest reserve or part of that reserve and, thereupon, from that date such lands shall cease to be a forest reserve or part of such reserve: Provided that the rights, if any, which may have been extinguished therein, shall not revive in consequence of the cessation.

PART 3

Administration of Forest Reserves and Protected Forests

  1. Control of forest reserves and protected forests

The protection, control and management of forest reserves and protected forests shall be exercised and directed by the Commissioner.

  1. Working plans

Where there is a working plan the Commissioner shall publish a notice in the Gazette setting out—

(a)     the name and nature of the working plan;

(b)     a general description of the area covered by the working plan;

(c)     the place or places at which a copy of the plan may be inspected by any interested person.

  1. Forest produce required for public purposes may be taken

The Commissioner may cause to be taken, from any forest reserve or protected forest, any forest, any forest produce, which may be required for public purposes upon payment of a fair and reasonable price therefore, which price shall not exceed the amount of such fees and royalties as may be specified in regulations made under this Law and are generally applicable in respect of the reserve or protected forest whence the forest produce was taken.

PART 4

Local Government Plantations and Forest Reserves

  1. Control of local government forest plantations and forest reserves

At the request of a council, a forest plantation or forest reserve constituted under and in accordance with the provisions of the Local Government Law may, on notification to the effect being published by the Commissioner in the Gazette, be placed, temporarily, under the protection, control and management of the Commissioner.

 

PART 5

Licences

  1. Grant of licences by Commissioner

(1)     The Commissioner may grant licences, in such form and in such terms as he may decide, for the taking of forest produce in forest reserves.

(2)     Except with the approval of the Commissioner, no licence shall be transferred.

PART 6

Disposal of Fees and Royalties

  1. Disposal of fees and royalties

(1)     All fees received under this Law shall be paid by the officer receiving them into the Treasury.

(2)     Royalties received under this Law in respect of forest produce shall, when individual ownership of the lands from which the forest produce has been taken can be proved, be paid to the individual owner.

(3)     In all other cases such royalties shall be deposited in the Treasury of a local government in the name of the local government or governments having jurisdiction in the area in trust for and on behalf of such village, community or group of persons as is specified by the Commissioner.

(4)     A local government shall not withdraw any sum so deposited or pay any such sum to any village, community or group of persons other than in accordance with a direction from the Commissioner charged with responsibility for Local Government.

 

PART 7

Regulations

  1. Power of Commissioner to make regulations and prescribe penalties for contravention thereof

(1)     The Commissioner may make regulations for all or any of the purposes following and may specify the area or areas to which all or any of the regulations shall apply—

(a)     providing for the management, protection and utilisation of forest reserves;

(b)     providing for the protection of forest produce in forest reserves by—

(i)      prescribing the time at which and the manner in which the rights set fort in the order constituting the reserve may be exercised;

(ii)     prohibiting the taking or destruction of any specified kind of timber or minor forest produce in the exercise of such rights as aforesaid; and

(iii)    prohibiting the exercise of all or any of such rights as aforesaid in any specified part of a forest reserve;

(c)     regulating or prohibiting the destruction of, or any act which may tend to the destruction of or cause injury to, any forest produce or forest growth or forest property in any forest reserve on lands at the disposal of the Government;

(d)     providing for the control of protected forests and the protection of forest produce in a protected forest mutatis mutandis as if such protected forest were a forest reserve;

(e)     regulating the kindling of fires for any purpose within a protected forest or a forest reserve, and prescribing the persons who may declare the period during which fires may or may not be allowed for any purpose;

(f)      prohibiting or regulating the taking of forest produce or of any specified kind of forest produce on lands at the disposal of the Government;

(g)     prohibiting the possession, sale or purchase of forest produce, or of any specified kind of forest produce, by any person other than the holders of licences and permits granted under this Law or by any other persons or by any classes of persons to be specified in the regulations;

(h)     regulating the grant, issue of and prescribing the form that any licence or permits may take in any particular case—

(i)      to take forest produce in forest reserves or on lands at the disposal of the Government;

(ii)     to sell or purchase forest produce; or

(iii)    to erect or operate sawmills or other manufacturing plant using wood as a raw material;

(i)      prescribing the procedure for fixing, and making known to the public, the fees to be paid on the application for, and the grant of, any licence or permit and the royalties and fees to be paid by the holders thereof;

(j)      prescribing the persons who may declare any specified kind of tree to be a protected tree and any specified kind of minor forest produce to be protected minor forest produce under this Law, and the procedure thereof;

(k)     providing for, and imposing conditions in respect of the collection, payment and disposal of fees, royalties, tolls and cost of survey and demarcation;

(l)      providing for the cancellation, forfeiture, termination or revocation of licences and permits;

(m)    providing for the remission or reduction by a forest officer of any royalty, fee or toll charged or payable under the provisions of this Law;

(n)     requiring the holders of licences and permits to render returns and accounts and to submit their books for inspections;

(o)     authorising the payment of grants and bonuses out of the public revenue for the encouragement of forestry;

(p)     regulating the collection, preparation and taking of forest produce;

(q)     regulating the marking of timber, the registration of marks and the manufacture, possession or use of marking instruments;

(r)      regulating the transit by land and water of forest produce and by different means and classes of transport;

(s)     providing for the examination, marking, reporting or stoppage of timber or other forest produce in transit;

(t)      providing for the establishment, management or control of checking stations to which timber or other forest produce shall be taken for examination by those in charge of it; and the conditions under which such timber or other forest produce shall be brought to, stored at or removed from the checking stations;

(u)     regulating the salving and disposal of drift timber;

(v)     prohibiting any act which may cause the obstruction of any waterway or cause danger to navigation;

(w)    providing for the survey, and demarcation, of any lands for giving effect to the purposes of this Law;

(x)     providing for the establishment and maintenance of nurseries and for the a forestation of lands, the preservation and production of forest produce and the introduction of new species of trees or other forest produce;

(y)     generally for giving effect to the purposes of this Law.

(2)     The regulations may provide that any contravention thereof shall be punishable by a fine not exceeding two hundred naira or imprisonment not exceeding twelve months or by both such fine and imprisonment.

  1. Power to exclude area from regulations

The Commissioner may, by notice in the Gazette, exclude any area form the operation of any regulations made under this Law.

PART 8

Offences and Legal Procedure

  1. Prevention of offences

Any forest officer, administrative officer or police officer may prevent the commission of any offence under this Law.

  1. Inspection of forest produce

A forest officer, administrative officer or police officer may stop any vehicle, vessel or raft engaged in transporting or moving any forest produce on any road or inland waterway for the purpose of inspecting the produce.

  1. Seizure of forest produce

(1)     Any administrative officer, forest officer, or police officer not below the rank of assistant superintendent of police, may himself, or by any person acting under his directions, seize any forest produce reasonably suspected of having been unlawfully obtained or being unlawfully removed and any instrument or thing reasonably suspected of having been used in the commission of any offence under this Law.

(2)     No suit shall lie against the officer, or person acting under his direction, in respect of any deterioration in quality or value of any forest produce, instrument or thing seized in accordance with the provisions of subsection (1).

(3)     Where the person suspected of having committed the offence in respect of which the forest produce has been sized has not been charged and the offence has not been compounded as provided in section 46, the officer, after obtaining an order of a magistrate, may—

(a)     sell such forest produce and pay to the Treasury the proceeds thereof, after deducting the expenses of the sale; or

(b)     allocate such forest produce to the use of the Government; or

(c)     destroy such forest produce.

  1. Arrest of suspected persons

Any forest officer, administrative officer or police officer may arrest, without a warrant, any person who may be reasonably suspected of having committed any offence under this Law, if such person refuses to give his name and address or gives a name or address which is believed to be false, or if there is reason to believe that he will abscond: Provided that any person so arrested shall be taken before a court or to the nearest police station without unnecessary delay.

  1. Onus of proof

The onus of proof that any forest produce has not been taken in contravention of this Law shall lie upon the person in whose possession the forest produce is found.

  1. Admission in evidence of maps of forest officer

Notwithstanding anything contained in the Survey Law, all maps, plans or diagrams made by a forest officer and approved by the Chief Conservator shall be admissible in evidence in any proceedings under this Law in a court or before a reserve settlement officer.

  1. Offences in respect of property and boundary marks

Any person who—

(a)    forges or fraudulently uses, or aids or abets any person to forge or fraudulently use, any registered hammer or hammer mark or any mark used for denoting the ownership of any forest produce, or any other mark used by the Forest Division in connection with the administration of the provisions of this Law or any mark similarly used by a local government; or

(b)     alters, removes, destroys or defaces any such mark placed on forest produce or any boundary mark of a forest or of any lands proposed to be included in a forest, shall be liable to a fine of two hundred naira or imprisonment for two years or to both such fine and imprisonment.

  1. Offences in forest reserve

Whoever, in forest reserve, except with the authority in writing of a forest officer not below the rank of Assistant Conservator—

(a)     takes any forest produce;

(b)     uproots, burns, strips off the bark or leaves from, or otherwise damages, any tree;

(c)     sets fire to any grass or herbage, or kindles a fire without taking due precaution to prevent its spreading;

(d)     smokes or lights a fire in any part of a forest reserve within which, or at a time when, smoking or the lighting of fires is prohibited;

(e)     pastures cattle or permits cattle to trespass;

(f)      digs, cuts, turns or cultivates the soil or makes a farm or plantations;

(g)     trespasses in any part of forest reserve;

(h)     constructs any dam or weir across any river or stream or otherwise obstructs the channel of any river or stream;

(i)      resides or erects any building;

(j)      hunts of fishes;

(k)     damages, in any way, or destroys any forest property, shall be liable on summary conviction to a fine of two hundred naira or to imprisonment for twelve months or to both such fine and imprisonment and, in addition thereto, may be required by the court to pay a sum equivalent to the fees and royalties payable on any forest produce removed or damaged and also such amount, if any, as the court may consider as just compensation for any damage done.

  1. Saving in respect of section 40

Nothing in the preceding section shall prohibit the exercise by any person or community of any right in a forest reserve if such right has been recognised in the order constituting such forest reserve except such right be restricted in accordance with other provisions of this Law.

  1. Offences in protected forest

Whoever in a protected forest, except as provided in section 20 (2) or except with the authority in writing of a forest officer not below the rank of Assistant Conservator, does any act or thing prohibited in a forest reserve by section 40, shall be liable on summary conviction to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment and addition thereto may be required by the court to pay a sum equivalent to the fees and royalties payable on any forest produce removed or damaged and also such amount, if any, as the court may consider just as compensation for any damage done.

  1. Additional penalties

In addition to any penalty imposed for an offence against the provisions of this Law or regulations made hereunder, the court may order—

(a)     the forfeiture and disposal, as the court may direct, of any forest produce in respect of which the offence was committed, or any instrument or thing with which the which the offence was committed;

(b)     the destruction of any farm or plantation made in contravention of section 40 in a forest of which the offence was committed, or any instrument or thing with which the offence was committed, or any instrument or thing with which the offence was committed;

(c)     the cancellation of any licence or permit held under this Law;

(d)     that, where no licence or permit has been taken out and the offender should have taken out a licence or permit, a sum equal to the amount of the fees and royalties that should have been paid in respect of the licence or permit be paid to the authority or person who would otherwise have been entitled to such fee or royalty; or

(e)     that a portion, not exceeding one half, of any fine that may be recovered from a person convicted by the court be paid to any person or persons on whose information the offence was detected and proved.

  1. Forest officer may compound offences

(1)     Where a person is reasonably suspected of having committed an offence against this Law, other than an offence under section 40, a forest officer, not below the rank of Assistant Conservator may, instead of taking proceedings against that person a sum of money by way of compensation for the offence that he is suspected of having committed.

(2)     On such payment being made—

(a)     the suspected person, if in custody, shall be released and no further proceedings shall be taken against that person in respect of that offence; and

(b)     any produce seized as being liable to forfeiture shall be restored and any proceedings pending in court in respect of the same person on the same facts shall be withdrawn.

(3)     The officer compounding the offence may then give one of the following directions—

(a)     that the full amount of such compensation shall be paid into the Treasury;

(b)     that a portion, not exceeding half the full amount of such compensation, be paid as a reward to the informer, and the balance paid into the Treasury.

  1. Presumptions as to ownership of forest produce

When in any proceedings taken under this Law, or in consequence of anything done under this Law, a question arises as to the ownership of any forest produce, such forest produce shall be presumed to be the property of the Government unless the contrary is proved.

  1. Defence in proceedings

It shall be a sufficient defence to any proceedings, civil or criminal, against any forest officer, or other person acting under the directions of the Commissioner to show that the officer, or that other person, was, in good faith, purporting to carry out the provisions of this Law.

  1. Legal proceedings

In any proceedings for an offence against any provision of this Law, the State may be represented by any forest officer not below the rank of Assistant Conservator or by any forest officer authorised generally or specifically in relation to any particular proceedings or class of proceedings by writing under the hand of a forest officer not below the rank of Assistant Conservator.

PART 9

Repeal and Saving

  1. Saving as to existing forest reserves

All forest reserves existing at the time of the coming into force of this Law shall be deemed to have been constituted under and in accordance with the provisions of this Law.

  1. Effect of certain things done under Forestry Ordinance

(a)     Any appointment, notice or notification, made or published; or

(b)     any inquiry or the decision or judgment of any person holding such inquiry, held or given, whether at the inquiry or on appeal, under the provisions of the Forestry Ordinance shall be deemed to have been made or published, given or held under the provisions of this Law.

PART 10

Preliminary

  1. Interpretation

In the Law—

“Assistant Conservator” means an Assistant Conservator of Forests in the Forestry Division;

“cattle” includes sheep, goats, swine, horses, mules, donkeys and camels;

“Chief Conservator” means the Chief Conservator of Forests in the Forestry Division;

“command lands” means lands in Cross River State at the disposal of a community or of any chief on behalf of the community;

“Commissioner” means the Commissioner for the time being charged with responsibility for Agriculture;

“community” means any group of persons occupying any lands in accordance with the provisions of the Local Government Law;

“enclave” means an area completely surrounded by a forest reserve and not forming part of the forest reserve;

“forest” includes of forest reserves, protected forests or, where placed, in accordance with section 30, under the protection, control and management of the Commissioner, forest plantations or forest reserves established under the Local Government Law;

“forest growth” includes anything growing in a forest or any tree protected under this Law;

“forest officer” means any officer of the Forestry Division or any officer appointed, under section 5, for the purpose of giving effect to the provisions of this Law;

“Forest Division” means the Forest Division of the Ministry of Agriculture; “forest produce” includes—

(a)     whether found in or brought from a forest or not, timber, firewood, charcoal, rubber, gutta percha, latex, wood oil, gun, resin, natural varnish, tanning extracts, tanning barks, fruits, fibres, bark and lac, and

(b)     when found in or brought from a forest,—

(i)      trees and all other parts or produce of trees not otherwise herein mentioned;

(ii)     plants, including climbers and grasses, creepers and all parts or produce of plants;

(iii)    wood ashes;

(iv)    peat, surface soil and minerals other than minerals within the meaning of any Act or Law, regulating the working of minerals;

(v)     gravel, limestone, rock and laterite;

(vi)    honey, beeswax, guano, silk-cocoons, humus, and all produce from animals;

“forest property” includes any stock, stores or materials owned by the Government or a council and used or intended to be used in any forest operations or any forestry work, and also boundary marks and pillars, boundary or survey beacons or signs, name plates, machinery scientific instruments, implements, tools, buildings, tents, fences, vehicles, roads, bridges and cattle;

“forest reserve” means an area constituted or deemed to have been forest reserve under this Law which shall not have ceased to be forest reserve under any enactment;

“the Gazette” means the Cross River State Gazette;

“girth” means the circumference of a tree measured either at a height of four feet six  inches from the ground, or (if the tree is buttressed above that height) measured at one foot above where the highest buttress merges with the bole;

“the Government” means the Government of Cross River State;

“lands at the disposal of the Government” includes any lands which the State has acquired or may acquire by agreement or otherwise and also lands leased to the Government;

“minor forest produce” means any forest produce other than timber;

“protected forest” means any area declared by notice in the Gazette, in accordance with the provisions of section 7 or 8, to be a protected forest;

“timber” includes all trees, whether standing, fallen, or felled, stumps of trees and all wood, whether or not cut up or fashioned or hollowed out for any purpose “to take minor forest produce” includes to cut, collect, gather or remove that produce;

“to take timber” includes to fell, lop or girdle trees, or to carry away any timber from the lands upon which the trees have fallen or been felled, whether the trees have been felled by cutting or by removing the soil from the roots or by any other method or combination of methods;

“Treasury” means, unless the context otherwise requires, the Government Treasury or a Sub-Treasury thereof in the State;

“tree” includes palm;

“working plan” means, in relation to any forest, any plan of operations or work so decided upon and described as such and approved by the Commissioner.

  1. Short title

This Law may be cited as the Forest Law.

 

CHAPTER F5

FOREST LAW

SUBSIDIARY LEGISLATION

List of subsidiary legislation

  1. Forest Regulations.
  2. Smoking or the Lighting of Fires Prohibition Order.
  3. Forest Law (Prescription of Fees) Regulations.

FOREST REGULATIONS

[made under section 33.]

ARRANGEMENT OF REGULATIONS

REGULATION

  1. Citation and application.
  2. Definitions.
  3. Power of Chief Conservator with respect to rights in forest reserves.
  4. Power of the Commissioner.
  5. Holder of right may lease such right.
  6. Protection of forest reserve and forest produce.
  7. Fires and smoking.
  8. Offences of selling, etc., forest produce illegally obtained.
  9. Licences under section 31 of the Law.
  10. Fee and Stamp duty.
  11. Terms of licence.
  12. A licence to take out permits.
  13. Tenders.
  14. Termination of licence.
  15. Issue of permit.
  16. Issue of permit where licence has been granted.
  17. Fees and royalties payable in respect of a permit.

REGULATION

  1. Period of permit and value, etc.
  2. Permit to be produced.
  3. Permit to take minor forest produce.
  4. Destruction, etc., of permit.
  5. Holder of permit to pay compensation.
  6. Deposit may be required.
  7. Timber remaining after expiry of permit.
  8. Cancellation of permit.
  9. Transfer.
  10. Return of permits upon expiry, etc.
  11. Fees and royalties.
  12. Fees and royalties payable in advance.
  13. Free permits to fell.
  14. Firewood.
  15. Marking hammers and instruments to be registered offences.
  16. Marks not to be altered or effaced.
  17. List of marked trees may be annexed to permit.
  18. Registration of marking hammers, etc.
  19. Timber not to be moved until marked.
  20. Waterways.
  21. Demarcation of forest reserve.
  22. Penalty.

REGULATIONS

  1. Citation and application

(1)     These regulations may be cited as the Forest Regulations.

(2)     These regulations shall apply to all forest reserves, protected forests and to all lands at the disposal of Government and to communal lands other than—

(a)     any area for which a notice of withdrawal has been published under section 3 of the Law;

(b)     any area excluded from the operation of these regulations by a notice given under section 34 of the Law; and

(c)     any local government plantation or forest reserve placed under the guidance and direction of the Commissioner under section 30 of the Law.

  1. Definitions

In these regulations—

“the Law” means the Forest Law; “licence” includes any agreement contracted or authority to exploit a specified area for a specified period of time; “permit” means an authority to exploit specified forest produce subject to the provisions of regulation 18, or to commit specified acts in a forest reserve.

  1. Power of Chief Conservator with respect to rights in forest reserves

(1)     The Chief Conservator may by notice in the Gazette order that free permits shall be given for the exercise of any rights set forth in an order constituting a forest reserve.

(2)     Such permit shall be obtainable from an Assistant Conservator and shall state the right, specify the kind of forest produce and define the area and the period of time within which such right may be exercised.

(3)     Any timber or forest produce taken under such a permit shall be for the domestic use of the holder of such permit only and such permit shall not authorise the holder thereof to take or destroy any protected tree or authorise him to employ any person to assist him in taking or to take on his behalf any timber or forest produce.

(4)     Any person who, being a holder of such a permit in the exercise of the rights under such a permit—

(a)     destroys any protected tree; or

(b)     employs another to assist him in taking or takes on his behalf any timber or forest produce; or

(c)     sells, exposes for sale or barter any timber taken by him, shall be guilty of an offence.

  1. Power of the Commissioner

The Commissioner may by order prohibit the exercise of all or any rights set forth in an order constituting a forest reserve for a specified period where it appears to him that such an order would be in accordance with the provisions of a working plan: Provided that the area to which such an order relates shall not exceed one-quarter of the forest reserve to which it refers.

  1. Holder of right may lease such right

(1)     The holder of a right in a forest reserve may lease such right with the approval of the Chief Conservator who may impose such conditions as he shall think fit.

(2)     This regulation shall not apply to the holder of a free permit issued under regulation 3.

  1. Protection of forest reserve and forest produce

Subject to the provisions of the Law, these regulations, and the provisions of any licence or permit issued there under, any person who on any lands to which these regulations apply—

(a)     takes any timber or protected tree or any protected minor forest produce; or

(b)     uproots, destroys or injures any protected tree or protected minor forest produce or any tree or plant from which any protected minor forest produce is obtainable, shall be guilty of an offence.

  1. Fires and smoking

(1)     An Assistant Conservator with the approval of the Chief Conservator may by notice prescribe the times at which smoking or the lighting of fires shall be prohibited in any forest reserve or protected forest and the times at which the setting of fire to forest growth shall be allowed in any forest reserve or protected forest.

(2)     Any such notice shall be published in the Gazette and shall be posted at the customary courts in the area and on the boundaries of the forest reserve or protected forest to which it relates.

(3)     Any person contravening the provisions of any such notice shall be guilty of an offence.

  1. Offences of selling, etc., forest produce illegally obtained

Any person who is in possession of or who sells, purchases, or exports any timber or minor forest produce which has been taken in contravention of any provision of the Law shall be guilty of an offence.

  1. Licences under section 31 of the Law

Applications for the grant of any licence under the provisions of section 31 of the Law shall be made to the Chief Conservator.

  1. Fee and Stamp duty

A licence granted under section 31 of the Law shall be registered and the licensee shall pay the fee for such registration and the appropriate stamp duty thereon.

  1. Terms of licence

(1)     Subject to the provisions of any order made under regulation 4, the grant of a licence under section 31 of the Law shall not affect the right of any person to any free grant of forest produce, to which he was entitled previous to the grant of the licence and which may be required for bona fide domestic purposes, including the construction of agricultural implements, fences, vessels, holdings, bridges or other works but not for sale or barter.

(2)     Any licence granted under section 31 of the Law shall be subject to the following terms—

(a)     an Assistant Conservator may order that any timber may be taken from the area to which such licence relates where it is required on behalf of Government or a local government if the licensee is unable to supply the requirements upon reasonable commercial terms;

(b)     an Assistant Conservator may order that any tree shall be cut down and removed in the area to which such licence relates in the course of the construction or maintenance of any road, telegraph or other public work;

(c)     an Assistant Conservator may issue permits for the construction of canoes within the area to which such licence relates subject to any agreement with the licensee.

  1. A licence to take out permits

A licensee under section 31 of the Law shall be required to take out in advance permits in the Form 1 in the Schedule to cover the removal of specified forest produce.

  1. Tenders

(1)     With the approval of the Commissioner, the Chief Conservator may invite tenders for or may advertise for sale by public auction a licence to exploit a specified kind of forest produce in a specified area on such terms as he shall think fit.

(2)     Tenders or bids may include the fees and royalties payable or such fees and royalties may be payable in addition.

(3)     The Chief Conservator shall not be bound to accept the highest or any tender or bid.

  1. Termination of licence

Any licence granted under section 31 of the Law may be terminated—

(a)     by the Commissioner—

(i)      if the licensee, his agents, servants or workmen fail to comply with any of the conditions of such licence; or

(ii)     if the licensee becomes insolvent or his business is wound up or goes into liquidation;

(b)     by the licensee, by giving the Commissioner six months’ notice in writing of his intention to do so.

  1. Issue of permit

Any permit issued by an Assistant Conservator under the provisions of sections 42 and 44 of the Law shall be in Form 1, 2, 3, 4, 5, 6 or 7 in the Schedule and shall be issued subject to the conditions printed thereon and such other conditions as shall be stated at the time of issue.

  1. Issue of permit where licence has been granted

Where a permit is issued for an area in respect of which a licence has been granted under section 31 of the Law it shall be read subject to the terms of such licence and it shall not authorise the taking of any tree specified in such licence without the permission of the licensee, and the terms of such licence shall not be affected by the issue of a permit in any way.

  1. Fees and royalties payable in respect of a permit

The fees and royalties payable in respect of the permit and the girths assigned to the trees specified in the permit shall be at the rates in force at the time of the issue of the permit as prescribed in the tariff authorised under the provisions of these regulations: Provided that an Assistant Conservator with the approval of the Chief Conservator may—

(a)     remit the fees and royalties in the case of timber to be taken for samples;

(b)     reduce the fees and royalties on any dead, fallen, hollow or misshapen tree;

(c)     reduce the fees and royalties on any tree removed in the course of silvicultural operations; and

(d)     reduce the minimum girth for trees to be taken under the permit below that prescribed in the tariff, prepared under regulation 28.

  1. Period of permit and value, etc.

(1)     A permit shall be valid for six months from the date of issue when it shall expire unless extended in accordance with this regulation.

(2)     An Assistant Conservator may, acting in his discretion, extend a permit for further periods which shall not exceed six months in any one case or eighteen months in the aggregate. For each such extension a fee not exceeding ten per cent of the original value of the permit shall be recovered at the discretion of the Assistant Conservator.

(3)     No permit shall be issued in respect of timber or minor forest produce to the value of over two hundred naira except when issued under regulation 12.

  1. Permit to be produced

Any person to whom a permit has been issued, who shall fail to produce his permit for inspection whenever required to do so by a forest officer, an administrative officer or a police officer, shall be guilty of an offence.

  1. Permit to take minor forest produce

A permit to take specified minor forest produce shall not, except with written permission of an Assistant Conservator, authorise the holder thereof to employ any person to assist him in taking or to take on his behalf any minor forest produce.

  1. Destruction, etc., of permit

Any person who without the authorisation of an Assistant Conservator alters, defaces or destroys any valid permit, shall be guilty of an offence.

  1. Holder of permit to pay compensation

The holder of any permit issued under these regulations shall pay compensation to the owners of any property which is damaged by him in the exercise of any rights conferred by such permit.

  1. Deposit may be required

An Assistant Conservator may require any applicant for a permit or any person to whom a permit has been issued to deposit with the Accountant-General a sum not exceeding two hundred naira as security for the fulfilment of his obligations under any permit issued under these regulations and such deposit may be forfeited wholly or in part at the discretion of the Chief Conservator if in the opinion of that officer, he has failed to fulfil such obligations.

  1. Timber remaining after expiry of permit

Any timber derived from a tree felled under a permit which, on the expiry of such permit, has not been removed from the place of felling may be disposed of by an Assistant Conservator in his discretion and the holder of the expired permit shall have no right thereto.

  1. Cancellation of permit

Any permit issued under these regulations may be cancelled by an Assistant Conservator if the holder of such permit fails to comply with any of the conditions of such permit.

  1. Transfer

Any person who transfers a permit to another person without the prior approval of an Assistant Conservator shall be guilty of an offence.

  1. Return of permits upon expiry, etc.

Within fifteen days of the date of expiry or cancellation of any permit, the holder thereof shall cause it to be returned to the office from which it was issued.

  1. Fees and royalties

(1)     The Chief Conservator shall prepare a tariff (hereinafter called the tariff) prescribing the species of protected trees and the rates at which fees and royalties shall be payable in respect of protected trees (of different species) and firewood derived from them, and in respect of minor forest produce taken under a permit issued under these regulations and shall also prescribe the minimum girths below which protected trees shall not be cut without his authorisation and the rates at which fees and royalties shall be payable in respect of volume of merchants wood.

(2)     Any fees payable shall be paid into the Treasury.

(3)     Any royalties payable shall be paid to individual owners or as directed by the Commissioner under the provisions of section 32 of the Law.

(4)     Where fees and royalties are both payable (hereinafter called “the tariff rate”), the fees shall form eighty per cent of the tariff rate and the royalties twenty per cent thereof, except in the case of protected forests where the fees shall form fifty per cent of the tariff rate and the royalties fifty per cent thereof.

(5)     Up-to-date copies of the tariff shall be kept at all forest offices and shall be open to inspection during ordinary office hours or may be had on application to any forest officer on payment of a fee of ten kobo.

  1. Fees and royalties payable in advance

(1)     All fees and royalties payable under provisions of any permit shall be paid before the issue of such permit.

(2)     Until the appropriate fee and royalties have been paid in respect thereof no tree shall be girded or felled and no forest produce shall be taken under a licence granted under section 31 of the Law.

  1. Free permits to fell

An Assistant Conservator may issue or cause to be issued free permits in the Form 1 in the Schedule to fell protected trees in forest reserves and protected forests—

(a)     where the timber is required by the Forest Department for the construction or maintenance of any building, bridge, fence or road under its management and control or for the preparation of specimens of timber or for similar purposes;

(b)     where the timber is required for any work of public utility in the construction or maintenance of which no contractor or other middleman is engaged with a view to profit, and if other species of suitable timber are not available in any other forest within a reasonable distance: Provided that no such free permit shall be issued to any village, community, school committee or other public body to which an annual grant is made from the public revenue or to any school or other public institution maintained by Government or for the maintenance of which a contribution is made from public revenue;

(c)     when the trees are required to be removed in accordance with a working plan.

  1. Firewood

The holder of a fuel permit shall stack all firewood taken at such places and in such manner as an Assistant Conservator may direct.

  1. Marking hammers and instruments to be registered offences

(1)     Any person other than an officer or employee of the Government (or a local government who has been duly authorised in this behalf) who has in his possession or who uses any marking hammer or instrument for impressing marks upon timber except when it has been registered in accordance with these regulations shall be guilty of an offence.

(2)     Any person, who uses a marking hammer or instrument for impressing marks upon timber which has been registered outside the area specified in the certificate for registration relating thereto, shall be guilty of an offence.

  1. Marks not to be altered or effaced

Any person, who alters or effaces any mark impressed upon timber by a forest officer or any person authorised by a local government to mark timber without the authorisation both of an Assistant Conservator and the owner of the timber, shall be guilty of an offence.

  1. List of marked trees may be annexed to permit An Assistant Conservator may require any applicant for a permit in Form 1 of the Schedule to mark with his marking hammer and a consecutive number below the place where it is intended to cut every tree that he wishes to have included in the permit and to submit in duplicate a list of such trees showing the mark and numbers they bear, the species and girth of each tree, its location, the nearest village thereto and the name of the local government within the area of whose authority the tree stands and this list shall be endorsed by him and annexed to the permit.
  2. Registration of marking hammers, etc.

(1)     An Assistant Conservator may register any marking hammer or marking instrument presented to him for registration and shall issue a certificate of registration therefore upon the payment to him of a fee of ten kobo.

(2)     Such certificate of registration shall state the area in respect of  which the marking hammer or marking instrument may be used.

(3)     Such registration shall be valid for one year from the date thereof.

(4)     An Assistant Conservator may refuse to register any marking hammer or marking instrument which gives an impression which in his opinion is unsuitable.

  1. Timber not to be moved until marked

Any person who shall move any piece of timber taken under a permit from the place where it was felled until every piece of timber to be moved and the stump of the tree from which it was derived have been marked with the Forest Division pass hammer (and, if an Assistant Conservator shall so direct, with the marking hammer or marking instrument of the owner in addition) shall be guilty of an offence.

  1. Waterways

(1)     Any person who shall permit any timber taken by him to obstruct or endanger the free navigation of any waterway shall be guilty of an offence.

(2)     Any person, other than the owner or his agent authorised in that behalf, who sets adrift any timber formed into a raft or fastened to the bank of or anchored in any waterway shall be guilty of an offence.

  1. Demarcation of forest reserve

A forest officer may with his agents, servants and workmen enter upon any land in respect of which a notice has been published under the provisions of section 8 of the Law and upon any land included in or adjoining a forest reserve and may make all inquiries and may do or cause to be done all things necessary for effecting the demarcation of the boundaries of such land.

  1. Penalty

Any person convicted of an offence under these regulations shall be liable to a fine not exceeding two hundred naira or imprisonment not exceeding twelve months or to both such fine and imprisonment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE

CROSS RIVER STATE

Forest Regulations

Book No. ………………………. Permit No…………………… Original ………………..

FORM 1

Permit to take Protected Trees

Name of permit holder ……………………………………………………………………..

Address of permit holder ………………………………………………………………….

Royalties payable to ………………………………………………………………………..

This permit is issued subject to the provisions of the Forest Law and of the regulations made there under for the time being in force in the area to which it relates. It is also subject to such special conditions (if any) as may be hereinafter set out and will expire on the ……… day of ………….. , 20 …………..

 

No. of Species of Tree Minimum Girth Class (in words)

₦           k

Fees …………………………………………………………..

Royalties ………………………………………………………

₦

Total …………………..

 

…………………………. , 20 …………

………………………. Issuing Officer

………………………………….. Title

………………………………. Division

……………………………… Province

See back of permit for special conditions (if any)

 

 

CROSS RIVER STATE

Forest Regulations

Book No. ………………….. Permit No. …………………….. Original ………………..

FORM 2

Fuel Permit

Name of permit holder ……………………………………………………………………..

Address of permit holder …………………………………………………………………..

Locality in which valid ……………………………………………………………………… This permit is issued subject to the provisions of the Forest Law and of the regulations made there under for the time being in force in the area to which it relates. It is also subject to such special conditions (if any) as may be hereinafter set out and will expire on the ………………… day ……………….. ,  20…………………………….

List of Permitted Species Permit Fee

……………………………………                         …………………………………………. Division                                                     Issuing Officer

………………………………………             …………………………………………. Date                                                                   Title

See back of permit for special conditions (if any)

 

 

 

 

 

 

 

 

 

 

CROSS RIVER STATE

Forest Regulations

Book No. ……………………… Permit No………………. Original ………………..

FORM 3

Permit to take Protected Trees

Name of permit holder ……………………………………………………………………..

Address of permit holder …………………………………………………………………..

Locality in which valid ………………………………………………………………………

Royalties payable to ……………………………………………………………………….. This permit is issued subject to the provisions of the Forest Law and of the regulations made there under for the time being in force in the area to which it relates. It is also subject to such special conditions (if any) as may be hereinafter set out and will expire on the…………..day …………………… ,  20…………………………….

Amount Species Rate       ₦           K

₦            K

Fees ……………………………………………………………………

Royalties ………………………………………………………………

    ₦            K

Total …………………….

……………………………………… , 20 …………

………………………………….          Issuing Officer

………………………………….                           Division

 

 

 

 

CROSS RIVER STATE

Forest Regulations

Book No. …………………… Permit No. ……………………. Original ………………..

FORM 4

Permit to Farm within a Government Forest Reserve

………………………………………………………………………………………………. Permit fee

PERMISSION IS GRANTED TO:

………………………………………………………………………………………………….

of………………………………………………………………………………………………..

to farm within the ……………………………………………………………….. Reserve

During the period ……………………………………………………….. to the 31st December, 20 ……………….. subject to the conditions of the Forest Law and the regulations made there under as well as to the conditions specified below—

  1. The permit is personal.
  2. That only such areas are farmed as are set aside for that purpose by the Assistant Conservator.
  3. That the species of trees indicated on the reverse may not be felled or injured when the land is cleared for farming.
  4. That a breach of any of these conditions will render the permit liable to forfeiture and the holder to the penalties prescribed in the Law.

…………………., 20 ………                            ……………………………………..                Issuing Officer

………………………………….             Division

See back of permit for special conditions (if any).

 

 

 

 

 

 

CROSS RIVER STATE

Forest Regulations

Book No. …………………………. Permit No. ………………….Original ………………

FORM 5

Permit to Reside within a Government Forest Reserve

……………………………………………………………………………………. Permit fee

PERMISSION IS GRANTED TO:

……………………………………………………………………………………………….

of ………………………………………………………………………………………………

to reside within the ………………………………………………………………. Reserve

on the site named on the reserve hereof during the period …………………………. to the 31st December, 20 ………….. inclusive, subject to the conditions of the Forest Law and the regulations made there under.

…………………., 20 ……………..                ……………………………………………                                                                          Issuing Officer

……………………………………………                                           Division

See back of permit for special conditions (if any).

 

 

 

 

 

 

 

 

 

 

 

CROSS RIVER STATE

Forest Regulations

Book No. ……………….Permit No. ………………………….. Original ………………..

FORM 6

Permit to Hunt within a Government Forest Reserve

……………………………………………………………………………………. Permit fee

PERMISSION IS GRANTED TO:

………………………………………………………………………………………………….

of ……………………………………………………………………………………………….

to hunt within the ………………………………………………………………….. Forest

Reserve during the period ………………………….. to …………………………………

inclusive, subject to the provisions of the Forest Law and the regulations for the time being in force there under.

This permit does not authorise the holder to hunt any protected animal unless the holder is authorised to hunt such animal by or under the Wild Animals Preservation Law (Chapter W1).

…………………., 20 …………….                           ………………………………………….                                                                         Issuing Officer

………………………………………….                               Division

See back of permit for special conditions (if any).

 

 

 

 

 

 

 

 

 

CROSS RIVER STATE

Forest Regulations

Book No. ……………………… Permit No……………………… Original ………………

FORM 7

Permit to Fish within a Government Forest Reserve

……………………………………………………………………………………. Permit fee

PERMISSION IS GRANTED TO:

………………………………………………………………………………………………….

of ……………………………………………………………………………………………….

to fish within the ……………………………………………………………………………

Reserve during the period ……………………………………. to ………………… inclusive, subject to the conditions of the Wild Animals Preservation Law (Chapter W1) and the Forest Law and the regulations made there under or to any other Law/Regulations controlling the taking of fish.

…………………., 20 ……………..                          ………………………………………..                                                                        Issuing Officer

………………………………………….                               Division

See back of permit for special conditions (if any).

 

 

SMOKING OR LIGHTING OF FIRES (PROHIBITION) ORDER

  1. Citation

This order may be cited as the Smoking or the Lighting of Fires (Prohibition) Order.

  1. Declaration

All smoking or the lighting of fires in the under mentioned Forest Reserves are hereby prohibited:

(i)      Yache Forest Reserve.

(ii)     Ikrigon Forest Reserve.

(iii)    Achalla Forest Reserve.

FOREST LAW (PRESCRIPTION OF FEES) REGULATIONS

[Commencement: 1st September, 1979]

ARRANGEMENT OF REGULATIONS

REGULATION

  1. Fees payable for licence or permit in respect of minor forest produce (Schedule 1).
  2. Fees payable for licence in respect of plants and machinery usable for wood industries (Schedule 2).
  3. Fees and royalty payable for licence or permit on stumpage basis.
  4. Fees payable for poles from plantation wood (Schedule 4).
  5. Fees payable for out-turn volume (Schedule 5).
  6. Citation.
  7. Fees payable for licence or permit in respect of minor forest produce (Schedule 1.)

The fee prescribed in column 2 of Schedule 1 to these regulations shall apply to a licence or permit mentioned in column 1 of the said Schedule 1.

  1. Fees payable for licence in respect of plants and machinery usable for wood industries (Schedule 2.)

The fee prescribed for a licence in respect of the item in column 1 of Schedule 2 shall be as shown opposite that item in column 2 of that Schedule.

  1. Fees and royalty payable for licence or permit on stumpage basis

The fees for a licence and royalty payable in respect of timber shall be prescribed by the Forestry Commission from time to time.

  1. Fees payable for poles from plantation wood (Schedule 4.)

In respect of plantation wood the pole fee prescribed in column 3 of Schedule 4 shall be fixed by reference to the measurement of that wood as stipulated in column 1 of that Schedule: Provided that—

(a)     a pole over 25 cm in diameter shall be at the rate of the out-turn volume per cubic metre;

(b)     a pole of species other than that specified under this paragraph shall attract, as the case may be, the rate quoted for gmelina, cassia or eucalyptus;

(c)     the rates quoted under this paragraph shall apply to standing poles only;

(d)     a pole at the roadside shall attract an additional charge of—

(i)      in the case of a pole having a diameter not exceeding 10.2 cm, ₦1.50; and

(ii)     in the case of a pole having a diameter above 10.2 cm but not exceeding 25.4 cm, ₦3.50.

  1. Fees payable for out-turn volume (Schedule 5.)

In respect of out-turn volume the fee prescribed in column 3 of Schedule 5 shall be fixed by reference to the measurement of that species as stipulated in column 1 of that Schedule.

  1. Citation

These regulations may be cited as the Forest Law (Prescription of Fees) Regulations.

SCHEDULE 1

Regulation 1

 

Produce                                                                                   Fee Payable
1.   Permit to Reside Temporarily…………………………………………₦10.00 per annum

2.   Permit to Farm…………………………………………………………..₦12.50/hectare(or                                                                                           ₦5.00/acre)per annum

3.   Permit to collect Gravel…………………………………………………₦200.00 per annum or                                                                                                                  ₦20.00per week

4.   Permit to collect Sand……………………………………………………₦150.00 per annum or                                                                                            ₦10.00 per week

5.   Permit to collect Stone…………………………………………………..₦200.00 per annum or                                                                                            ₦20.00 per week

6.   Permit to collect Raffia Leaves………………………………………….₦35.00 per annum

7.   Permit to collect Fruits(Irvingia)………………………………………..₦35.00 per annum

8.   Permit to collect Chewing Sticks (Garcinia manni)…………………..₦4.00 per 1.8 metre                                                                                              length

9.   Hammering Fee for Garcinia billets……………………………………..₦1.00 per billet

10. Timber Hammering Fee……………………………………………………₦1.50per plank

11. Permit tom collect ncistrophyllum (Obong/Calamus(cane)…………..₦15.00 per annum

12. Permit to collect Fruit Cotton……………………………………………..₦3.00 per annum

13. Permit to tap Raffia wine…………………………………………………..₦15.00 per annum

14. Permit to collect Oil Palm fruit…………………………………………….₦15.00 per annum

15. Permit to reside temporarily within Shrubs Creek Forest Reserve…..₦2.00 per annum

16. Poles (15.0cm-30cm diameter)……………………………………………20k each

17. Yam Stakes (i.e.0-7.5cm diameter)………………………………………3k each

18. Fence Posts(i.e.7.5cm-15.00cm diameter)………………………………5k each

19. Bamboo…………………………………………………………………………20k each

20. Plantation Fuel wood (by purchaser)………………………………………₦5.00 per cord

21. Plantation Fuel wood (by Forestry Division)………………………………₦15.00 per cord

22. Mangrove/Sacoglottis bark……………………………………………… ₦10.00 per annum

23. Permit to collect Clay…………………………………………………….. ₦150.00 per annum

 

 

 

 

 

SCHEDULE 2

Regulation 2

 

 

                                                                                     Fee Payable
                                                                                         Registration     Yearly                                                                                                       Renewal
1. Bench, resaw Sawmill………………….                                       ₦100.00   ₦50.00 2. Sawmill (Primary Breakdown) ………..                                      ₦250.00   ₦100.00 3. Ply/Veneer Mill …………………………..                                      ₦250.00   ₦100.00 4. Pulp and Paper Mill ………………………                                     ₦250.00   ₦100.00 5. Fibre board Mill …………………………..                                     ₦250.00   ₦100.00 6. Particle board factory and wooden tool Handle Mil……..              ₦250.00              7. Timber preservation and seasoning plant ……                            ₦100.00   ₦25.00 8. Furniture Manufacturing Industry    …………..                            ₦25.00     ₦10.00 9. Other Industries using timber as raw material (Cottage Industry) ….                                                                                                      ₦10.00     ₦5.00 10. Timber making Hammer Licence …………..                               ₦50.00    ₦25.00

11. Powered Chain Saw ………………………….                                ₦50.00    ₦25.00

12. Tree Inspection Fee by Uniformed field Staff…                           ₦5.00       Not                                                                                            applicable

SCHEDULE 4

Regulation 4

 

No.          Basal Diameter           Opepe and Teak           Rate of fee                                                                                   payable Gmelina,                                                                                  Cassia, Eucalytus
1. 0–5cm …………………..           33k                            15k

2. 5–7.6cm ………………..            40k                            20k

3. 7.6–10.2cm ……………..           65k                            40k

4. 10.2–12.7cm …………….           ₦1.90                        80k

5. 12.7–15.2cm ……………..          ₦2.30                        ₦1.60

6. 15.2–17.8cm ……………..          ₦3.00                        ₦2.00

7. 17.8–20.3cm ……………..          ₦3.40                        ₦1.60

8. 20.3–22.9cm ………………         ₦5.60                        ₦2.00

9. 22.9–25.4cm ………………         ₦6.50                        ₦4.50

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 5

Regulation 5

Species                                  Trade\Local Name   Rate per m3 Under bark                                                                           Selective Felling Area and                                                                           concession area
                                                                                               ₦ k

1. Afrormosia elata                                   –                                  10.00

2. Afzelia spp.                                        Apa                                  8.88

3. Antiaris africana                        Afia Ofriyo                                  4.52

4. Baphia spp.                                            –                                  4.44

5. Pterocarpus spp.                           Canwood                                    –

6. Berlinia spp.                                   Ikpanya                                 5.52

7. Bombas buonopoznse                           Ukim                                3.32

8. Brachysstegia spp.                              Okwen                               5.52

9. Canarium schweinfurthii                              –                                3.32

10. Ceiba pentandra                                        –                                3.32

11. Cletis spp.                                                 –                                5.52

12. Chlorophora excelsa                                   –                               10.00

13. Daniellia ogea                                       Ogea                                 5.52

14. Diospyros spp.                                      Ebony                                4.44

15. Entandrophragma cylindricum           Mahogany                                    –

16. E. utile                                                         –                               10.00

17. Entandrophragma spp.                                   –                                    –

18. Gossweilerodendron balsamifrum               Agba                                 5.52

19. Khaya spp.                                                    –                                10.00

20. Gurea spp.                                                    –                                10.00

21. Lophira alata                                             Ekki                                  4.44

22. Lovoa trichiliotdes                                  Walnut                                10.00

23. Mansonia altissima                                         –                                  5.52

24. Mimusops hecheli                                  Makure                                  7.76

25. Mimusops d’jave                                            –                                  4.44

26. Terminalia ivorensis                                 Idigbo                                 6.88

27. Terminalia superba                                         –                                 5.52

28. Nauclea diderrichii                                   Opepe                                 6.88

29. Pterygota spp.                                                –                                 5.52

30. Pycnanthus angolensis                             Ilomba                                4.44

31. Ricinodendron heudelotii                        Rimando                                4.44

32. Triplochiton scleroxylon                           Obeche                              10.00

33. Piptadeniastrum africanum                        Agboin                               5.52

34. Mitragyna ciliate                                        Abura                               5.52

35. Mitragyna stipulosa                                           –                               5.52

36. Distemonanthus spp.                                         –                              3.32

37. Nesogoronia spp.                                               –                              3.32

38. Manilkara spp.                                                   –                              3.32

39. Albizzia spp.                                                      –                              3.32

40. Guarea cedreta                                                  –                              3.32

41. Turraeeanthus africanus                                      –                             3.32

42. Funtunia spp.                                                     –                             5.52

43. Others                                                               –                             3.32

 

 

 

 

 

 

 

CAP. F6

Forestry Commission Law

F6 – 1 [Issue 1]

CHAPTER F6

FORESTRY COMMISSION LAW

ARRANGEMENT OF SECTIONS

PART I

Establishment of Forestry Commission

SECTION

  1. Establishment of Forestry Commission.
  2. Head office of the Commission.
  3. Membership of the Commission.
  4. Tenure of office and remuneration.
  5. Vacation of office.

PART II

Functions and powers of the Commission

  1. Functions of the Commission.
  2. General powers.
  3. Status and duties of Secretary.

PART III

Structure of the Commission

  1. Establishment of Departments.

PART IV

Staff of the Commission

  1. Permanent Secretary.
  2. Recruitment of staff.

PART V

Pensions and Gratuity

  1. Pensions and gratuity.

PART VI

Financial Provisions

  1. Funds of the Commission.
  2. Expenditure of the Commission.
  3. Award of contract.
  4. Power to borrow.
  5. Annual estimates and expenditure.

PART VII

Establishment of Forestry Reserve Fund

SECTION

  1. Annual report.
  2. Bank account.
  3. Establishment of Reserve Fund.

PART VIII

Miscellaneous

  1. Directives by Governor-in-Council.
  2. Regulations.
  3. Interpretation.
  4. Short title.

 

SCHEDULE

Supplementary Provisions to the Commission

CHAPTER F6

FORESTRY COMMISSION LAW

A Law to make provisions for the establishment of the Forestry Commission and for matters connected therewith.

(30th November, 1999)

[Commencement]

PART I

Establishment of Forestry Commission

  1. Establishment of Forestry Commission

(1)     There is hereby established a body to be known as the Forestry Commission.

(2)     The Commission shall be a body corporate with perpetual succession and a Common Seal and may sue and be sued in its corporate name.

  1. Head office of the Commission

The Commission shall have its Head Office in Calabar, Cross River State and shall maintain two Zonal Offices and such other Charge Offices as may be necessary for the discharge of its functions.

  1. Membership of the Commission

(1)     The Commission shall consist of—

(a)     a Chairman;

(b)     two persons to represent NGOs;

(c)     two persons from the private sector;

(d)     five ex officio members as follows—

(i)      the Attorney-General and Commissioner for Justice;

(ii)     the Director of Forestry;

(iii)    the Permanent Secretary of the Commission who shall be the Secretary of the Commission;

(iv)    the Commissioner for Finance; and

(vi)    a representative of Environmental Protection Agency.

(2)     The Chairman and other members of the Commission shall—

(a)     be appointed by the Governor of the State; and

(b)     be persons with work experience or proven ability and interest in forestry and/or conservation/management of natural resources.

(3)     All members of the Commission other than the Secretary shall be part-time members.

(4)     The supplementary provisions set out in the Schedule to this Law shall have effect with respect to the proceedings of the Commission and the other matters contained therein.

  1. Tenure of office and remuneration

(1)     Subject to the provisions of section 3 of this Law, a member of the Commission, other than an ex officio member, shall hold office for a period of 3 years and may be re-appointed for a further period of 3 years.

(2)     There shall be paid to every member of the Commission other than an ex officio member such allowances and expenses as may be determined by the State House of Assembly.

  1. Vacation of office

(1)     Notwithstanding the provisions of section 4 of this Law a person shall cease to hold office as a member of the Commission if—

(a)     hedies;

(b)     he becomes bankrupt;

(c)     he is convicted of a felony or any offence involving dishonesty or fraud; or

(d)     he becomes of unsound mind or incapable of carrying out his duties; or

(e)     he is guilty of a serious misconduct in relation to his duties; or

(f)      in the case of a professional person, if he is disqualified or suspended other than at his own request, from practising his profession in any part of the world by an order of a competent authority made in respect of that member; or

(g)     he resigns his appointment by a letter addressed to the Governor.

(2)     If a member of the Commission ceases to hold office for any reason whatsoever, before the expiration of the term for which he is appointed, any person representing the same interest as that member shall be appointed to the Commission for the unexpired term.

(3)     A member of the Commission may be removed by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State praying that he be removed in the interest of the Commission or the interest of the public.

PART II

Functions and powers of the Commission

  1. Functions of the Commission

The functions of the Commission shall be, notwithstanding anything to the contrary in any other law of the State, to—

(a)     co-ordinate the activities of ministries, parastatals, Local Government, Departments, organisations, statutory bodies as it relates to forest and resource conservation issues in the State;

(b)     encourage biotechnology and other forms of research that will enhance the development of scientifically sound forestry policies and programmes in line with current conservation, socio-economic and technology options;

(c)     establish links with relevant national and international regulatory policy-making and funding bodies for the benefit of bio-diversity conservation and sustainable forestry in the State;

(d)     ensure sound wild life and environmental management outside Cross Rive National Park;

(e)     ensure strict compliance with international conventions and treaties on natural resources;

(f)      develop eco-tourism and generate revenue from tourism;

(g)     promote planning, research and statistics; and

(h)     perform such other functions which in the opinion of the Commission are incidental to the conservation and sustainable management of the State’s forest resources and revenue generation.

  1. General powers

(1)     The Commission shall, subject to the provisions of this Law, have power to do such things as are considered necessary and expedient in facilitating the carrying into effect of their activities.

(2)     The Commission shall notwithstanding anything to the contrary in any other Law of the State have power to—

(a)     formulate policies and evolve strategies for the promotion and effective implementation of sustainable forestry development and conservation;

(b)     subject to the provisions of this Law, make, alter, and revoke rules and regulations of the Commission;

(c)     review forestry tariffs from time to time subject to approval by the House of Assembly of the State.

  1. Status and duties of Secretary

(2)     The Secretary shall—

(a)     be the Chief Executive of the Commission;

(b)     be responsible for the implementation of policies of the Commission; and

(c)     generally exercise control over the activities of the Commission.

PART III

Structure of the Commission

  1. Establishment of Departments

(1)     There shall be established in the Head Office of the Commission the following Departments—

(a)     Operational and Technical Services Department;

(b)     Wildlife, Conservation and Eco-tourism Department;

(c)     Reforestation/Agro Forestry, Non-Timber Forest Product, and Medicinal Department;

(d)     The Administrative, Finance and Supplies Department; and

(e)     Research, Planning and Statistics Department.

(2)     Each Department shall be headed by an officer not lower than Grade Level 15.

(3)     Departmental Heads shall be responsible to the Permanent Secretary.

(4)     The Commission may merge or increase the number of Departments subject to the approval of the Executive Council.

PART IV

Staff of the Commission

  1. Permanent Secretary

(1)     There shall be appointed for the Commission, by the Governor of the State, a Permanent Secretary, who shall be a Civil Servant in the service, and shall be a person with experience and proven ability and interest in Forestry and/or conservation/management of natural resources.

(2)     The Permanent Secretary shall—

(a)     be the Accounting Officer and Secretary of the Commission;

(b)     be responsible for the day to day administration of the Commission as may be directed by the Commission or Chairman;

(c)     ensure accountability and proper administration of the Commission; and

(d)     generally exercise disciplinary control over all the staff of the Commission in accordance with the Civil Service Rules.

  1. Recruitment of staff

(1)     The Commission may recruit staff from the civil service as in the opinion of the Commission may be necessary and required to perform the functions of the Commission.

(2)     The terms and conditions of service, including remuneration, allowances, benefits and pensions, of the staff of the Commission shall be as obtained in the State Civil Service.

 

PART V

Pensions and Gratuity

  1. Pensions and gratuity

(1)     The service in the Commission shall be Scheduled Service for the purposes of the Pensions Act.

(2)     The officers and other persons employed in the Commission shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the State Civil Service.

(3)     Nothing in subsections (1) and (2) of this section shall prevent the appointment of a person to any office on terms which preclude the grant of pension and gratuity in respect of that office.

PART VI

Financial Provisions

  1. Fund of the Commission

(1)     The Commission shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Commission.

(2)     There shall be paid and credited into the Fund established pursuant to subsection (1) of this section—

(a)     any allocation to the Commission from the State Government Account;

(b)     such revenue as the Commission may generate from—

(i)      concessions;

(ii)     forestry tariffs;

(iii)    fines for violation of extant Forestry Laws and regulations;

(c)     all such funds that may from time to time accrue from the Ecological Fund;

(d)     all moneys raised for the purposes of forestry and conservation by way of grants/gifts from—

(i)      foreign governments/international agencies;

(ii)     non-governmental organisations;

(iii)    global environmental facilities;

(e)     all other sums which may accrue from investments or any other source whatever, from time to time.

(3)     The fund shall be managed in accordance with extant financial rules and regulations made by the State Executive Council.

  1. Expenditure of the Commission

The Commission shall apply the proceeds of the funds established pursuant to section 13 of this Law to—

(a)     the cost of administration of the Commission;

(b)     the payment of salaries, fees, remuneration, allowances, pensions and gratuities payable to the Commission members, and the employees of the Commission;

(c)     the payment for all contracts including mobilisation fluctuations, variations, professional fees and cost of contract administration and royalties to landlords;

(d)     the payment for all purchases; and

(e)     assist from time to time the Landlord Communities in their Community development projects; and

(f)      undertaking such other activities as are connected with all or any of the functions of the Commission under this Law.

  1. Award of contract

The Commission shall have power to award contracts in accordance with the Tenders Rules and Regulations applicable in the State.

  1. Power to borrow

The Commission may, by its resolution and subject to such terms and conditions as may be approved by the State Executive Council, borrow such moneys as it may from time to time require, and such moneys shall not be in excess of the budget approved by the State House of Assembly for the Commission.

  1. Annual estimates and expenditure

(1)     The Commission shall, not later than 30th September, in each year submit to the State Executive Council for the next succeeding year, an estimate of the budget of the Commission.

(2)     The Commission shall cause to be kept, proper accounts of the Commission in respect of each year and proper records in relation thereto.

(3)     The Commission shall cause the accounts to be audited by auditors to be approved by the State Auditor-General in accordance with guidelines issued by him.

  1. Annual report

The Commission shall—

(a)     prepare and submit to the Governor-in-Council not later than 1st April in each year, an annual report of the Commission during the immediate preceding year; and

(b)     shall include in such report a copy of audited accounts of the Commission for that year.

  1. Bank account

(1)     The Commission shall keep and operate a bank account in a reputable bank and all moneys received on behalf of the Commission shall be paid into such bank account.

(2)     No withdrawal shall be made from the accounts of the Commission unless the cheque or other instrument in respect of such withdrawal is signed by the Permanent Secretary and the Head of the Finance and Supplies Department and confirmed by the Chairman.

PART VII

Establishment of Forestry Reserve Fund

  1. Establishment of Reserve Fund

(1)     There is hereby established a Fund to be known as the Forestry Reserve Fund into which shall be deposited all monies received by the Commission in excess of its budgetary allocation or others sources in accordance with subsection (2) of section 13 of this Law and which monies remain unexpended at the end of the financial year.

(2)     The Commission shall not disburse any money from the Reserve Fund without the approval of the Governor-in-Council, and the confirmation by the House of Assembly of the State .

PART VIII

Miscellaneous

  1. Directives by Governor-in-Council

Subject to the provisions of this Law, the Governor-in-Council may give to the Commission directives of a general nature relating to matters of policy with regard to the performance by the Commission of its functions and it shall be the duty of the Commission to comply with such directives.

  1. Regulations

The Commission may, with the approval of the Governor-in-Council, make regulations, generally for the purposes of giving full effect of this Law.

  1. Interpretation

In this Law unless the context otherwise requires—

“Commission” means the Forestry Commission established by section 1 of the Law; “Chairman” means the Chairman of the Commission “conservation” means the protection and maintenance of nature, while allowing for its sustainable ecological use; “forest” means government forest reserve and community forest; “forestry” means the art and science of managing the natural resources that occur on and in association with forest lands for human benefit or use; “forestry tariffs” means approved government rates or charges for forest products; “forest concession” means a forest given out to a Company or an individual for timber harvesting for a period of time under agreed terms; “Governor” means Governor of the Cross River State of Nigeria; “Governor-in-Council” means the Governor in full meeting with the Executive Council; “he/his” includes both genders; “State” means Cross River State; “sustainable forestry” means managing the forest resource such that what is cut or taken equates in continuous production, income, etc.

  1. Short title

This Law may be cited as the Forestry Commission Law.

 

 

SCHEDULE

Supplementary Provisions to the Commission

  1. Proceedings of the Commission

(1)     Subject to this Law and section 25 of the Interpretation Act, the Commission may make standing orders regulating its proceedings or those of any of its Committees.

(2)     The quorum of the Commission shall be the 7 (seven) members which may include the Chairman of the Commission, and the quorum of any Committee of the Commission shall be as determined by the Commission.

  1. Meetings of the Commission

The Commission shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so, by notice given to him, by not less than two other members, he shall summon a meeting of the Commission to be held within 3 days from the date on which the notice is given.

  1. Presiding at meetings

(1)     At any meeting of the Commission, the Chairman shall preside, and in his absence, the members present at such meeting shall elect one of their members to preside.

(2)     The Commission shall hold not more than four meetings a year and not more than 2 emergency meetings.

  1. Co-option of member

Where the Commission desires to obtain the advice of any person on a particular matter, the Commission may co-opt such person to the Commission for such period as it deems fit. However, such a person who is in attendance by virtue of this section shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum.

  1. Committees

(1)     The Commission may appoint one or more committees to carry out on its behalf such functions as it may determine.

(2)     A Committee appointed under this section shall consist of such number of members as may be determined by the Commission.

(3)     The Committee may co-opt any person it deems fit, provided the person shall serve on the Committee in accordance with the terms of his appointment.

(4)     A report of a Committee of the Commission shall be of no effect until it is ratified by the Commission.

(5)     The fixing of the Seal of the Commission shall be authenticated by the signature of the Chairman and the Secretary.

(6)     The validity of any proceedings of the Commission or of a Committee shall not be adversely affected by—

(a)     vacancy in the membership of the Commission or Committee; or

(b)     a defect in the appointment of a member of the Commission or Committee; or

(c)     the fact that a person not entitled to do so, took part in the proceedings of the Commission or Committee.

 

CHAPTER F6

FORESTRY COMMISSION LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

 

Law Nigeria Admin
Law Nigeria Admin

Related posts

19th June 2020

LAWS OF THE FEDERATION OF NIGERIA, 2004

Read more
This template supports the sidebar's widgets. Add one or use Full Width layout.
error: Our Content is protected!! Contact us to get the resources...

Subscribe To Our Newsletter

Subscribe!