Forests- No. 12

Western Samoa

P.Mtr Vl·,~~rf\~"';;~i"

39. fro~ibi~jcm. 9~ con.troJr..o{ .fires, ete.,durm~·~ ;liteAjazanJ j

4D.;-C>l~f\lgonrq \.tQ.,SPt~~ I to·,.forestland or. leaving fire .j ri open withoutpn.ee<NlbOlI& '

41. O~.nce to, lel\ve.. bUl11irtg orsmouldeJljngo 'subsmnee '

42..~~4~I'./IiP·.prov*6.rc,fight..mg. eqUIptmeni

43: -Duty to endeevour to ~tingtllshfires

44·. Offence not to comply with section42 Q>n,43 0"

45, ~eq\liJi,ti~ of., assi~~e to ex-tlflgutsh fires .

46. Costs of fire Iigh ting

~M'f.vH/}lVRTffi?R :Oi'1l4N~ ,

PART I

Title

Analysis

1

27. J;.nfQrc~men~of obligations under.licences and leases over foresr land

I

28. Enfo~ce~Iltof,ob4&a:tipt1s, undesPREUMltIAR¥ permits, I:IMw.I\4! atiUlAti\iu 9vlIr·

t -,Short title . State forest land' . ' '.'t. Interpretation I 29. Forfeiture of forest p~- not

PART IIremoved during cur,I;~FY;,of liCence:I 30. Prodduction of licence etc" onde-'

AD1\flNlSTRATION man!.Forestry Division 'I 31. PowcLof,elltry on.Jasd

h.PART V

4.C ief Forest Officer and other) FOREST 'pjo..··-~officers and employees 32: Forest pro<!""' jJresumedto be the

-So Status of Cbief Forest Officer and r-t'"ny of the Stateother officers I J3. Property in forest produce not . to

6. Officers not eligible to hold Iieenee- pass ,until ,paid foretc. over forest land. ~er tn c.,;•.e rorest produce

7. Proeecrion,~ 'I, ' 35. What epqatitutcs a seiwrl;. '. .1'•.Fu~e i'oremy,Division ,36dlh'otledJ#llbtubitrpteo1l,to 6!lLltI.rQ"~;~s of the°Mtni~ 37:D~po~.pf,!Qrfet~~rqd~e •

:a.Iklrga,tion of ,powers 38. P/YwfK to sell by auction Without,to Receipts/and~~ lw.l\c!tc >

1t:W~ pl;m.~

PART IIISn,TE.}'<:~.lUts'J: 4"m

I1,Land purchased. or taken underseetion 91" be State ferest- land

4-~ Land may be set apart as State I

',t..,f~, ~~ ~~fdl,a,nd set apart as State Iforest land

ti;:Rf'I.'ocatioo, or alteration of status I

ot StiIt\' forest land In. Errors of description in proclama- I_,. lIOns may be amen.dec I~!:~~g~ of, land~. 'Fencing 01' demarcation of State I

forest land:10. Stat(' forest land not to be dealt_,'"ithcxcept pursuant to this Act"""lhpccof {oren .land to be prepared

lIlld recorded

P.\I<T l'

~l!iCP.S, LEASES, PERHITS, ETC.~2.. hrwer to grant licences, leases,

rts, etc.vements,eS

sJ$l.lrtnits and .rights

47, Fa lsc «ntr ies or return>48. Unlawful cutting or removal of

forest produce49. Unlawful interference will proper­

ly-,of State50. 6ttenc~ with respect to animals

etc.ion Ot in forest- land '51. Offences with- respect to· forest

officers

ForcsI ,\ 1%7. No. 12

52. Other offvnces

GE~E:IA'. AS TO OFFENCES

53. Proof of lawful authority54. General penalty for off('nce~

55. Liability for lnss or darnaue56. Confiscation of propertv us,'d in

commission of offence57. Limitation of proceedings58 Oompounding of Of{N1C"S

PART VIIIPIlOTt;CTlm LA N Jl

59. Land may be declared protectedland

60. Status of protected land61. Restrictions on dealings with 1'10'

tecred land62, Offences63. Compensation

PART IXFORESTRY DIVISION ADMINISTRATION

OF Pl{IVATE FORE!lTS

64, Minister mav act as trustee forowner of IHi~'at" Iorest on freeholdland

65. Method of making custoruarv landavailable for forestry

66. Licence 01 lease of customary landto he granted by Minister of Lands

67, Substitution of Minister andDirector for Minister and Directorpf Lands

PART XMlSC~:I.I.A N F.nl' S

68. Historic places69. Annual report70. Control of injurious importations

and exportations71. Regulations as to control and

eradication of diseases affectingtrees, etc.

72, Specified Ordinance not affected73. Regulations74. Rr-munr-ratoin and allowances of

committee members75. Repeals, amendments and savings

1%7, No. 12

AN ACT to consolidate amend and extend the Jaw relatingto the conservation, protection and development of thenatural resources of Western Samoa, especially soil, waterand forest, and to enable effect to be given to the followingprinciples and objectives,-

(a) To maintain, and establish where necessary, areas offorest adequate to protect the climate, soil and water re­sources of the country;

(b) As far as possible to provide, Oil a sustained yieldbasi'i, the forest produce requirements of the people and theindustry of the country and to encourage an export trade;and

(c) To ensure the best use of all forest lands for thegeneral benefit of the country.

BE IT ENACTED by the Legislative Assembly of WesternSamoa in Parliament assembled as follows:--

PART I

PRELIMINARY

1. Short title-This Act may be cited as the Forests Act1967.

.2, Int('~prt'tation- -Iu this Act, unless the context other-WISt' reqUIres, ..

"Act" includes Ordinance:"Cabinet" means the Cabinet of Western Samoa:"Cattle" includes oxen, bulls, su-ers, cows, horses stallions,

geldings, mares, asses, mules, goats, sheep, rams,wethers, ewes. pigs, boars, sows, all browsinganimals, and all the y<lllllg of all the foregoing ani­mals; and such other animals as the Minister mayby notice in the Western Samoa Gazette and theSavali declare to be cattle:

"Chief Forest Officer" means the officer-in-charge ofthe Forestry Division, appointed pursuant to sect­ion 4 of this Act:

"Constable" includes any member of the Police Force:"Constitution" means the Constitution of \Vestcrn Sa­

moa:"Department" means the Department of Agriculture,

Forests and Fisheries:"Director" means the Director of Agriculture, Forests

and fisheries:"Dues" means moneys owing or payable:"Employee", in relation to the Public Service, means a

person employed therein whether on the permanentstaff or as a probationer or temporarily whether fulltime or part time and who is remunerated by salaryor wages:

"Fees" include moneys payable to the Government orany person as remuneration-for services renderedor to be rendered or as consideration for the grantof ar.y permit, right, authority or other privilege:

"Firewood" means wood intended for, and used for, con­sumption only as fuel:

"Forest land" means,-=:·(a) State forest land; or

(b) Public or customary land which is subject to a licenceor lease to the Minister or any other person for anypurpose of forestry; or

(c) Freehold land which is subject to a licence or lease tothe Minister or any other person for any purpose offorestry, or in respect of which the Minister is atrustee under Part IX of this Act;

\%7.:\0. 12

'''Forest officer" means any memberof the Western Sa­moan Public Service appointed by the Directorto exercise any of the powers vested-in a-forest officerby': this Act and includes the Director and ,the ChidForest/Officer:

"Forest producc'tincludes all trees and other plants andthe' produceof trees and other plants, and also in­eludes 'brth,sand and minerals when found in orremoved 'from any forest land:

"Forestry" means the application of business methods andtechnical forestry principles to operations on landsfor the. establishment, culture, protection and main­tenance of forests or for the production, extractionor'cnnversion of forest produce, including the pro­vision of access to such lands:

"Forestry Division" or "Division" means the Division of"the Department constituted by section 3 of this Act:

"Government" means the Government of Western Sa­mea:

"Land" includes ('SI ares and interests-in land-and licen­ces, casements and -profits a-prendre over-or-in res­pect of land:

"Laud Hoard", Inc..ns- the Land,-Board-established bv'section-Goof the' Land Ordinance 1959: -

IILHviful' authority" means' the' prior written authorityof a forest ollie I '1', or a prior written licence Or leasegranted by the Minister of Lands for fnrestry underthis Of" any other Act, or a prior written permit,riqht, 'Or 'other authority jrranted by the Ministerunder this Act:

"Llcence't-nr "ieasc' includes asub..Iicence or a sub­lease, as the case may' be:

"Minister" means t he Minister of Agriculture, Forestsand Fisheries in his capacity as Minister of Forests:

"Prescribed" means prescribed by this Act or regulations:"Purpose of' forestrv -, includes the protection of climate,

soil' -conscrvation, water conservation and storage(whether for water supply, irrigation or generationof'"elecuieity), scenic, amenity, recreational.iscienti­fic'gnd':sa'Ilctunry'p'm'poses,"and the production, ex­traction and conversion of timber 'and 'Other forestproduce:

"Regulation" mean regulations made 'Under' this Act:"Rent 'and royalties", in relation to any licence or, tease

of any forest land Of anypermit.irightor authorityin respect of any State forest land includes all pur­chase moneys, rent, royalties, stumpage. 'fees.rrluesand -other charges, payable thereunder, whether inrespect fo forest produce or otherwise:

"River" includes any stream, canal, creek, other channel,and lake, whether natural or artificial:

"Royalty" means a prescribed or agreed fee for forestproduce payable to the owner of the forest:

"State" or "Western Samoa" means the. .IndependentState of Western Samoa:

"State forest land" means land set apart as State ;forestland by or under this Act:

"Timber" means any tree 01' part of any tree which hasbeen felled or has fallen and all wood whether-sawn,split, hewn, hollowed out or otherwise fashioned:

"Trees" include not only timber trees but trees of allkinds, shrubs, bushes, ferns, plants, seedlings.rsap­lings, cuttings, suckers, and shoots of every des­cription, and any part of a tree:

"Working plan" means a written plan' which regulates.the work to be performed for forestry purposes ona specified area of land.

Cf.1949,No. ]9, s. 2 (N.Z.).

PART II

.ADMINISTRATION

3. Forestry .Division-There is hereby established aDivision of the Department to be known as .. the' ForestryDivision.

4. Chief Forest Officer and other officers andemployees->( 1) There shall be appointed from time to time a ChidForest Officer.

(2) The Chief Forest Officer shall he in charge of theForestry Division; subject to the control of the Minister andsubject thereto of the Director.

(3) There may from time to time beappointed-suoh otherofficers and employees as may be necessary for the administra­tion of the Forestry Division.

6 1%7. :'\0. 12

5. Status of Chief Forest Officer and other officers---( 1)The Chid Forest Officer and any other officer of the Divisionmay from time to time br ci ther,--

(a) An officer of the Public Service; or

(b) A person made available for the othe(' bv the UnitedNations or any slwcialized agell('\' of till' UnitedNations under its Operations Executives or OPEXScheme: or

(c) A person whose service is honorary so far as the Gov­ernment is concerned.

(2) A person appointed under paragraph (b) of subsection( 1) of this section shall be appointed by the Public ServiceCommission as a contract officer of the Public Service, with­out any right to participat. in any superannuation schemeprovided or subsidized by 1he Government, and otherwisesubject to all legislation for the time being applicable tocontract officers of the Public Service, for such term and onsuch conditions as shall be :Igreed upon between the PublicService Commission and the person appointed or betweenthe ~ovcmnl('nt and the United Nations or the specializedagency thereof by which such person is made available forthe office; and his appointment shall not be subject to appeal.

(3) A person appointed under paragraph (c) of subsection(1) of this section shall be .rppointrd by the Head of Stateacting on the advice of thr l'rirn« Minister, given after thePrime Minister has consulted the Public Service Commission,and the appointment of such a person shall be without anyright to participate in any superannuation scheme providedOr subsidized by the Government, and otherwise for suchterm and on such conditions as shall be agreed upon betweenthe Prime Minister and the person appointed or betweenthe Government and the United Nations or the specializedagency thereof or the other international body or the Gov­ernment of another country or the other body or agencybr which such person is made available for the office; andhIS appointment shall not be subject to appeal; and the personappointed shall not be deemed to be in the Public Serviceso long- as his service continues to be honorary so far as theGovernment is concerned.

Cf. 1965, No. 26, s. 16.

1%7. No. 12 h'" ,I, 7

6. Officers not eligiable to hold licence etc. over forest land-·No forest officer in his personal capacity shall hold or beinterested in any licence or lease of or in respect of any forestland, or any permit, right or other authority of or in respectof any State forest land; and no such officer in his personalcapacity shall, whether as principal or agent, trade in, or beinterested in any contract or agreement for the working orremoval of any forest produce from any forest land; and nosuch otrien: in his personal capacity shall hold or haw anyinterest in any shares in any company which does anythingwhich under this section it is unlawful for that officer to do,

Cf. 1949, No. 19, s. 12 (N.Z.).

7. Protection of forest officcrs---No matter or thing doneby any forest officer or other employee of the Forestry Divisionin good faith in the exercise of his powers or in the performan­ce of his duties under this Act shall subject that officer orother employee to any personal liability in respect thereof,but nothing in this section shall affect any liability of theGovcmment.

Cf. 19'+9, No. 19, s. 13 (N.Z.).

8. Functions of the Forestry Division-s-The ForestryDivision, subject to the provisions of this Act, shal1,-

(a) Have the primary responsibility for the administrationof this Act and for carrying out the Government'sforest policy in respect of forest land; and

(b) Have the primary control and management of--(i) All State forest land, for whatever purpose

of forestry it is held or used; and(ii ) The establishment, culture, protection and

maintenance of forests on forest land, and the pro­duction, extraction, conversion. transport, sale, orother disposal of forest produce from forest land;and

(iii) Making requests to the Minister of Landsas to the covenants, conditions and stipulations asto forestry desired to be included in licences andk-ascs to be granted by that Minister under this orany other Act; and

(iv) The granting of permits, rights and authori­ties over State forest land under this Act; and

Fcrcst: 1%7. i'n, 12

(v) The collection, and recovery of all rent androyalties -payable under permits, rights and authori­ties granted in respect of State forest land, and ofaU, other revenue- of, the Minister or the ForestryDivision except those payable under licences orleases; and

(vi) The ('n{()I('('Illl£nt of all otlwl' covenants,conditions and stipulations of licences, leases, pen­mils, riA'hts. and authorities of or inrespectof forestland to any person other than the Minister; and

(vii) Such farming of State forest land as is notprejudicial to forestry.

(c) Observe weather ;.nd other cond it ions for the pur­pose: of giving warning of the imrnine·ncc of firehazardconditions or ~ivin~ any information in re­lation thereto.

Ct.' 1949, No. 19, s. 14- (N.Z.) ; 19.15, No. 44·, s, 17 (N.Z. ).

9. J?owe.rs, ,of the Minister···· ( I) The Minister from timeto time may exercise any power reasonably rcquined for theperformance of any function of the Division, or the admini­stration of this Act, and, without prejudice to the ~enerality

of those, words, may-:-(a) Subject •to the, Survey Ordinance 1961, prepare and

carry out forest surveys, including surveys necessaryfor the, demarcati. In of forests, for working plans,for determination of growth yield and other trends,for soil or water conservation, and for timber assess­ments;

(b) Acquire such land, or control over such land, as heconsiders to be needed for forestry or any purposethereof, and by such means as the law permits, in­d~ding.,--

(i ) Accepting appointment as trustee of anyfreehold land pursuant to section 64 of this Act;

(ii) Arranging for the Minister of Lands topurchase, or to take under the Taking of Land Act1964, any freehold land;

(iii) Arranging for the Minister of Lands totake, under the Taking of Land Act 1964, anycustomary land;

(iv) Arranging for the Minister of Lands tolicense or lease, under the Alienation of Customary

1967 1'0, 12

Land Act 19()~), any customary land, either to theMinister or to any other person;

(c) Use and develop any State forest land for admini­suativc, indust ria', resident ial 01' storage uses in con­nection with .mv St.lll' lun'st Or any forest produce;for quarunt iu-: ~~ rounds or qunranrine depots; forproviding :lI'I\'SS; for Ill\' (,:lrryil\~ on of farmingopcrat ions incidental to the management and opera­tion of State forest land; Of for any purpose offorestry;

(d) Make provision for the establishment, culture, pro­tection, maintenance, management and utilisation offorests on nny forest land and for pUfposes incidentalthereto;

(c) Co-ordinate the policies and activities of the ForestryDivision awl other Government Department andDivisions, public bodies and persons in relation toforestry and the purposes thereof;

( f) Train forest (lHlens and employces,conduct forestresearch work, and collect and disseminate forestryinformation;

(g) Prepare and issue plans and publications for theadvancement of forestry;

(h) Make provision for the setting up of such advisorycommittees as he thinks fit after consultation withthose affected;

(i ) Purchase any forest produce;(j) Sell or otherwise dispose of any forest produce by

public auction or tender or private contract, at such.prices or at such rates. and subject to such condi­tions as he may determine;

(k) Establish and carryon any operations or industryrelative to the felling, cutting, extraction, removal,conversion, manufacture. transport, distribution. orsale of timber, other forest produce, or productsderived from forest produce, and erect, purchase,rent, or lease any buildings, machinery, or pi aptrequired in connection therewith;

(1)) Enter into any contract or agreement for the carry­ing out of any of the purposes of this Act;

(m) Carryon any farming operations incidental to themanagement of any forest;

JO 1%7, '(1, 12

(2) All documents which require to be executed for thepurposes of this Act hy or on behalf of the State may 1)('executed by the Mini-tor of Lands or the Minister as else­where provided by this Act, and, if so executed, shall be validand effectual as to execution.

Cf. 1949, No. 18, s. 15 (N.Z.).

10. Delegation of powcrs-( 1) Sections 9 and 10 of theAgriculture, Forests aile! Fisheries Ordinance 1959 shall ap­ply to this Act and tf' all pO\vcrs exercisable under this Actor the regulations.

(2) The Chid FOJ'\~t OflinT,h.dl havr power to ddcgaf('in thi' same way and -ubjccr to th.: S;UlIi' conditions a, thoseprescribed in that seel ion 10 for delegation bv the Director.

11. Receipts and paymcnts-( 1) All moneys received bythe State from the operation of this Act or payable by theState under this Act shall be paid into or from the PublicAccount and shall be «rcditcd or debited as the case may beto such fund or account as may be prescribed and subjectthereto as may be determined from time to time by theMinister of Finance.

(2) All moneys payable by the State under this Act shallbe paid out of moncvs from time to time appropriated byParliament for the purpose.

Cf. 1949, No. 19. s, 16 (N.Z.).

12. Working plans-( 1) The Director shall from time totime cause to be prepared working plans for all forest land.

(2) Every working plan to which this section applies shall,subject to any rights «xisting when the working plan comesinto operation, regulate as hereinafter provided the manage­ment of the forest and land described in the working plan forsuch period as may be stated in the working plan and in con­formity with the objects of management therein stated.

(3) Every such work ing plan shall specify with respect tothe working plan perjod-

(a) The silvicultural operations to be carried out;(b) The maximum area from which forest produce may

be exploited or the maximum quantity of forestproduce tha t may be exploited or both, as theDirector thinks fit;

11

(c) The protection, development and reafforestationoperations to be carried out; and

(d) Such other matters as the Director thinks fit.

(4') Every working plan shall be subject to the approvalof the Minister and acceptance by and licensee or prospectivelicensee over the forest and land to which the plan relates,and, when so approved and accepted, shall have effect ac­cording to its tenor from a date specified therein, and shallnot: be altered save by the Minister, after considering a re­commendation of the Director and with the acceptance of.mv such licensee or prospective licensee.

( 'f' IQ,t9N 1I) , ')(" 'N Z )'. " " 1 n, '. s. _) ( .. '..

PART III

STATE FOHEST LAND

13. Land purchased or taken under section 9 to be Stateforest land-v-All freehold or customary land purchased Of

taken by the Minister of Lands for forestry or any purposethereof pursuant to section 9 of this Act or the correspondingprovisions of any previous Act or the Taking of Land Act196·1 shall be deemed to be set apart as State forest land.

or. 1949, No. 1B, s. 15 (4) (N.Z.).

14. Land may be set apart as State forest land-The Headof Sta te acting on the advice of Cabinet given after consider­ing a recommendation of the Land Board may, by proclama­tion, set apart, as State forest land any land for the time be­ing considered to be suitable for any purpose of forestry,being-s-

(a) Any public land not held in trust for any purposeinconsistent with this Act; or

(b) Any estates Of interests in, or easements or profitsa prendre over, any other land, for the time beingvested in the State or the Minister and not held intrust for any purpose inconsistent with this Act.

Cf. 1949, No. 19,s.18 (1) (N.Z.).

15. Status of land set apart as State forest land-( 1) Thesetting apart by or under this Act of any, public land as Stateforest land shall operate as the setting aside thereof for apublic purpose within the meaning of the definition of the

12 1%7. 1\" 12

term "Government land . in section 2 of t he Land Ordinance1959.

(2) The Brad of 81 It (' act ing Oil th.: advice of Cabinetgiven afterconsidering ; ICCOnHl\('IHlatioll of the Land Board.may, ill the proclamat io.: ~ettillg :1;);11'1 .mv land as Slatl' [Olcst

land or in anv orhvr !'I'Il('bIlLlIinll, dn'l.lrt' tluu th« Slaleforest land drscribrrl d,,':'cill is j() Iw held <Ind adlllillislt'rnlfor any one or more of I he purposes of forestry.

16, Revocation or alt-ration of status of State forest land­(1) Subject to sections I 7 and 1g of this Act, the setting apartby or under this Act of any land as State forest land. or anydeclaration of the pUfJ Ises of forestry for which any Stateforest land is to he- hcl I and administered, shall not be re­voked or altered, excq)', by a proclamation by the Head ofState acting on the .rdv.c.: of Cabinet given aflt'!' consideringa recommendation of t 1(' Land Board. or where the Stateforest-land is only an 'state or inti-rest in land, or licenceeasement or profit a pr-ndrc OVI"! land. by the «xpirntinn ordetermination thereof (I . I he I'XclllsjOJl of land therefrom.

(2) 'Vithout rcstriCllll!~ the discrct ion of the Head ofStatc,~lcting- as aforcsaif I, under xuhscr.t ion (1) of this section,such a proclamation fe, lking th.: ~;('iting apart of any land asState forest land may be mack when the Head of State,acting as aforesaid, is ~;ltisfi{'(1 that the land has become lesssuitable for any purpo (. of Iorrstry than for settlement ordevelopment purposes ('I' for setting apart as a reserve forany desirable purposl' (:t1}(~r than a purpose of forestry.

(3) The effect of all}! proclamation merely revoking thesetting apart or any pili die land <IS State forest land shall bethat that land shall cea. . 10 be St;ltc forest land and shall be­come Government lan.: available for lease, reservation orother disposition under! he provisions of the Lanrl Ordinance1959.

(4) The revocation rr alternat ion by proclamation of thestatus of any land as S' ate forest land, or of the purposes offorestry for which it is :ield and administered, shall be with­out prejudice to any lirnce, lrasc, permit, right or authorityto which the land is for the time being subject.

Cf. 1949, No 19, s. 20 (N.Z.).

17. Errors of descript ion in proclamations may be amended-( 1) Notwithstanding anything to the contrary in section

1%;:, No. 12

lJ or 16 of this Act, where ill any proclamation under thisAct there has been made ally errol' of lit-scription (whetherwith rcsucct to the boundaries Ill' area of the land to which theproclamation relates, or ot lu-rwi:«: howsocvcr ) the Head ofStatt', acting as afol'es;tid, uuiv rl'\okc Iht' proclamation andissll" ill its plan> a fn'sh prod.llllatioll with amrndcd parti­(ubI'S :111(\ c\n;CI'iptillllS. (II' IlLl\ he a further proclamationparti.a.lly n'~'okt' till' orif~illal provlama! ion and suhstiturr otherprovisions.

(2) Every fresh proclamation or amending proclamationissued under this section shall take dIeet as from the date onwhich the original proclamation was intended to take effect,arid as from that date the ori!-(inaJ proclamation, to the extentto which it has been so n-vok.«]. shall he absolutely void andof no efrect :)s if it kid not bel'n issued or made.

Cf. 1949, No. 19, x, 2\ (N.Z.); 1928, No. 21, s. 27 (N,Z.).

18. Exchange of land ( 1) Notwithstanding anything tothe conlr;:ry in section 15 or 1(; of this Act, it shall be lawfulfor the Head of State acting on the advice of Cabinet, when­ever Cabinet deems it cxpcclienr in the public interest to doso, and is satisfied that it is not prejudicial to forestry, to grantany area of public land which is State forest land as freeholdor customary land in exchange for any other freehold landand on any such exchange to payor receive any sum by wayof equality of exchange.

(2) All land acquired by the State by any such exchangeshall be deemed, as from the date of its acquisition, to be setapart as State forest land under this Act.

(3) Any land granted by the H cad of State by any suchexchange shall cease to be State forest land, and shall becomeeither freehold land or customarv land in accordance withthe terms of the grant. .

Cf. 1949, No. 19, s. 22 (N.Z.).

]9. fencing or demarcation of State forest land-TheMinister may from time to time take such steps as he maythink fit for the fencing, or, subject to the Survey Ordinance19G1, the demarcation, of any State forest land, or of anysubdivision thereof.

Cf. 1949, No. 19. s, 23 (N.Z.).

20. State forest land not to he dealt with except pursuantto this Acr-v-Exccpt as provided in :my other Act. State forestland and the timber and orhvr forc~t produce thereon or there­in shall not be dealt with otherwise than in conformity withthis Act.

( 'f 19 '9' N 1q , ')1 ('N' Z- \","1' .. , O. >,S._'l .... J.

21. Maps of forest land to he prepared and recorded-­(1) Subject to the Survey Ordinance 1961 and the Alienationof Customary Land Act 1965, maps of all forest land, certi­fied under the hand of the Director of Lands, shall he deposit­ed in thi·Head Ollicl' of the Forrstrv lIivision as soon asposibl.: after the land bt,,'(lmeS forest Iand, and fresh mapsof any such land shall be ~;() certified and deposited from timeto time as may be nccessarv.

.. (2) Every map so deposited shall relate to such piece orpieces of forest land as t h« Director thinks fit.

(3) Where any land shown on any such map ceases to beforest land the map shall he alt<Ted accordingly; and wherethe Director desires that .my map shall cease to relate to anyland, or shall relate to am other land, the map shall be alteredaccordingly. Every al trrat ion unr lvr this subsection shall becertified by the Director (,f Lands.

(4) Every such map sha II be open to public inspection atthe prescribed times free of charge durine the first threemonths after being so deposited ,1;1d thereafter on paymentof the prescribed fcc.

cr. 194-9, No. 19, s. 2.'1 (N.Z.).

Pi\RT IV

LICENCES, LE,\SES, PEHMITS, ETC.

22. Power to grant licences, leases, permits etc- (1) TheMinister of Lands may grant licences or leases over or inrespect of any class of land under and subject to this or anyother Act, and the Minister may grant permits, rights orauthorities, in respect of ,my State forest land, under andsubject to this Act, to an) person, for any purpose of forestry:

Provided that no licence. lease, permit, right of authorityshall b<, so granted if it is inconsistent with any existing licence,Ie::lse, permit, right, or au I hot-ity ill respect of the same lanel:

And provided furl her i !J:lt no licence, lease, permit, right

;. i. I 'I \ ~.\

or authority shall eoufcl lin til,' gralllc(' any right to anvminerals which mav 1)(' f~llmd on Ul' ill am' Stat<' forest land:

And provided furthlT that. whcr.: the forest land is heldby the Minister LUH!l'l trustcrship appoiurmrur. licence orlease, no licence, least', permit, ri~ht or authority shall begranted by the Minister of Lands or theMinister for a longerterm than the term of the trusteeship appointment, licenceor lease under which the Minisu-r holds the land,

(2) Every licence, lease, permit, right, or authority grantedunder this Act shall be ,r.;rantcd subject to the payment by thegrantee of such rent and royalties, and to such covenants,conditions and stipulations as may be prescribed, and subjectthereto as may be agreed.

(3) Unless otherwise agreed. every Iiccncc, lease, permit,right or authority granted under this Ill' any other Act for anypurpose of forestry shall he subject to all implied covenantby the gr::mtee that he will not, during the term of his licence,lease, permit right or authority, assign, transfer, demise,sub-licence, sublet, set OV\T or mortgau«, or otherwise byany act or deed procure the land therein mentioned or anypart thereof to be assigned, trnnsfcrrcd, demised, sub-licenced,sublet, set over or mortgaged \0 any person whomsoeverwithout the prior consent in writing of the Minister of Landsin the case of a licence or lease or the Minister in the case of apermit, right or authority,

(4) Such consent to an assignment or transfer shall not beunreasonably withheld where the proposed assignee or trans­feree is responsible and financial, but as conditions of grantinghis consent the Minister of Lands or the Minister, as the casemay be, may require the proposed assignee or transferee toenter into a Deed of Covenant with the Minister of Landsor the the 'Minister. as the case may be (to be prepared bythe Minister of Lands or the.\linister, as the case may be)to perform and observe the convenants, conditions and stipu­lations of the licence, lease, permit, right or authority and onthe part of the grantee to be performed or observed, andmay require the payment of a reasonable sum in respect ofany legal or other expenses incurred by the Minister of Landsor the Minister, as the case may he, in the matter.

Cf. 194-9, No. 19, s. 30 (N.Z.),

\6

2:t Improvements l 11J ""~ other» i"", :1~rC'('(L no ('lIIllPt'l1S;j~

tion shall 1)(' payable In :1 liccnst'(' PI' k;sce on the «xpirv ordetermination of a liccnr. or lease ,t;Talltnl for any purposeof forestry under this or ;111) other Act for ,lilY improvementsdf,'Ct\~d on the land cnlll;llis,'d t h.-rvin ; but thc liccnsec orICSSCt' shall be entitled. ,I! :111\, time Iwftll'e or \\ it hill fp\1Imonths af!eJ' the C'\pil\ ,'\ detlTlIllll:ltiOII pt his licl'IIl'C' orleasc, to l'C'lrlOVC auv huild II",S, 1'('\\('(',;, or other imploVl'flwuts

affected or acquired by hili) conditional on restoring the landto its original condition a : Ileal' as may bv, OJ' to dispose ofthem to an incoming licC\(;I'C or lessee:

Provided that, wher« rh- licence or lease is over or of Stateforest land, the Minisre of LaJHh, after consult iug theMinister and obtaining a valnation from a valuer appointedby the Govcmmcnt, shall h.iv« the right within the last twoyears of the Iiccnr« or lc.1;·(' but not Ia1\.'1' t hall six mon t hxbefore the expiry thereof :0 notify t he licensee or lessee thatthe Minister of Lands int.n.Is at the expiry or determinationof the licence or lease to purchase any such improvementsat a price to be fixed, in cl.f.rult of ;W;nTf1)('nt, by arbitration,and in anv such case the i, ~1: irovcmeurs specified in the noticeshall be the property of th-: Stale at the expiry or dctcrrnina­tioil of the Iiccncc or leas.', .uid shall not after the notice beremoved from the land h.. I he licensee or lessee.

CL 1949, No. 19, s. :;~ (4) (N.Z.).

24. Liccnccs-v-f l ) A IiI ('Ilce under the Alienation ofCustomary Land Act 19G:) or this Act or both may confer onthe licensee, subject to this Act and the rcgulati(ms, and toconditions to be specified :n the licence, rivhts to enter uponthe forest land therein deL 1\ 'd and to carry out all operationsnecessary or convenient [(" .hc obtaining, «xtrnction, conver­sion and removal of such timber and other forest produceand any other purpose of forestry as may be specified therein.

(2) Each licence' of freehold or cust omary land for anypurpose of forestry shall pre-vide for payment of a royalty orstumpage, which shall be paid to t he Director of Lands-intrust subject to this Act f(li 1]1C OWlWIS in the case of freeholdland, and subject to the j\ Iirn.u ion of Customary Land Act1965 for the beneficial O,,\'IITS in tlu: case of customary land,and a fee for forestry SCI v.ccs, which shall he paid to theDirector of Lands as reVei'lle of the Government, and whichshall be at the rate of one kdf of the rate of royalty or stump­age:

17

Provided th.u 'bt' 1kad nl :'1.11(', ;I"ting 1111 lh(' atl\'i<~(~ ofCabinet, may bv Order at all" lillie for ally licence or forany period (;f tl;e UTIli of any 'licnlcc reduct: the rate of thefcc for [orcstry below t h.rt of OIH' half of the rate of royaltyur sl umpage.

(:1)E,'i.ccl't with till' pi ior vvru n-n :llltlHll'ity of theMiuisur ill .I1IY case of It ('('hold land or of the Minister ofLands in any dISC of cuxrum.uy land, 110 tree which is, O[ wasbefore fclJillO. "Towill!' Oil or ill all)" freehold or custornarv

~) b (, "

land may be sold or otherwise exploited for the commercialproductionof timber or other forest produce except underand in pursuance of a licmel' granted by the Minister of Lands;IS agl'tlt for thr: owners in the C;lS(' of frechold land or trusteelor the 1)(,1l l'flcia I 0\\ nrrs ill the ea~;e of customarv land.

Cf. 1~).l9, No, 19, s.:q (N.Z,).

25. Leases->- ( 1) Lease" uudcr this or any other Act maybe granted in respect of any forest land for any purpose offorestry or for any purpose which in the opinion of theM inistrr i- not prejudicial to forestry.

(2) Without restricting the gCllcrality of subsection (1)of this xrctiun, such leases mav be granted for the following!HlrpOSes, namely:

(a) For grazing and other PII!'J)OS\'s of a like nature;

(b) For establishing and managing forests;

(c) As sites for mills or factories and appurtenances theretofor the conversion, drying processing and storing offorest produce;

(<1) As sites for yards, wads, tramways, railways andincidental purpos('s;

(e) 1\', sites fOJ tents or buildings fo: the usc of personsholding licences, permits, rights or authorities overforest land Or their employees;

(f) For any purpose of recreation, in the case of anyState forest land which is held and administeredwholly or in part for recreation purposes.

Cf. 194·9, No. 19, s. 32 (N.Z.); 1964, No. 29, s. 3 (N.Z.).

2ft Permits and rights---A permit or right granted underthis Act may confer on the holder, according to its tenor, the

1111.7. :\'0.' 12

pmvcr or right to \~Ilt('l upon any State forest land and toconstruct and maintain a road, traruway, railway or otherutility or do all such things thcrvon subject to such conditionsas may bi' specified in till' permit or right. 1101 being prcjudi­cial to forestry or to the PO\\ t'I:; or rights cOllkrred on anvother person by an y e:\. Istin.!.: Iin'lIcc, k:ISI" jwrlll i t, ri,~h r orauthority granted uurlvr this or any other Act,

Provided that I!O such permit or right shall confer on thegrantee any right to pass over or otherwise usc any otherland except with the consent of the owner of such land.

Cf. 1949, No. 19, s. 33 (N.Z.).

27. Enforcement of obligations under licences and leasesover forest land-s-Where any licence or lease has been grantedby the Minister of Lands over or in respect of any forestland,.--

(a) The Minister 01 Lands shall have the duty of taking,and is hcrvl 'Y ('IllIXIINl'J'cd lo take, all ncccsaryproceedings 10 enforce the payment of all rent androyalties payable thereunder and in respect ofbreaches of «ach obligation so to do, and unlessotherwise agnTd, the Minister of Lands may forfeitthe licence or lease for any such breach, or suspendthe licence or lease until the breach is remedied: and

(b) The Minister shall have the duty of taking, and ishereby empowered to take, all necessary proceedingsto enforce the performance or observance of allother covenants, conditions and stipulations ex­pressed or imulied therein, and on the part of thelicensee or lessl'c to be performed or observed, andin respect of breaches thereof, and, unless otherwiseagreed, the M inister of Lands may forfeit thelicence or Ica-«: for any such breach, or suspend thelicence or Ir:1')1 until t he breach is remedied, andshall either ft irFeit or suspend the same when re­quested so to do by the Minister.

28. Enforcement of obligations under permits, rights andauthorities over State forest land-Where any permit, rightor authority has been t~.r;lHted over Or in respect of any Stateforest land, whether the land was set apart as State forestland before or after the grant, the Minister shall have the

/-'0 rrsts 19

dutv of taking, and is hen-by empO\\Trcd to take, all necessaryll;oci'('ding~; to enforce the payment of all rent and royaltiesp;tyabk thereunder, and the performance or observance of.111 orhIT covenants. c( >tH1jl ions and stipulations expressedpr implied therein. .uid on the (I,m of the holder thereof toIl.' [wlforllwd or ohsirvrd. and in \'t'sf!cct of breaches thereof,.:!\IL \1\1Ic.~s ot!lI'f\,is\' ;j'~n'l'd, til(' :\lini:,tn mav forfeit theI'Ull1il, right .01' alii horit y for ;IIlY such hrvach, or suspendIIii' pcrmit, right or authority uuril the breach is remedied,

Cf. 194·9, No. 19, s. :17 (N.7.).

29. Forfeiture of forest produce not removed duringcurrency of licence· (1)/\. JiCCII~we or holder of a permit,right or other authority over or in rccpccr of any forest land,upon application by him in that behalf, may be granted bythr: :'linister a period not exceeding thirty days from the«xpirution or determination of his licence or other authority,or of any extension or renewal thereof, for the purpose ofnmoving any forest produce Icllcd, cut, or otherwise takendmin,!4 the currcnrv of his lic.cnr«: or other authority or of anyextension 01' renewal thereof.

(2) All forest produce obtained pursuant to a licence orother authority under this Act and not removed from theland in respect of which the licence or other authority wasp:ranted during' the currcncv of the licence or other authorityor of any extension or renewal thereof, or of any period allow­ed under subsection (1) of this section, shall be forfeited tothe owner.

(3) Nothing in this section shall be deemed to relieve theli,'Cll:';CC or holder of his liability to pay any rent or royaltiesdill' in respect of such forest produce.

Cf. 1949, No, 19, s. :)l) (N.Z.); 1953, No. 17, S8. 29, 30I Fiji).

:W. Production of licence, etc., on demand-s-] 1) Every')tT:!:n who does on any forest land any act for which under;Iw provisions of this Act a licence, lease, permit, right orother authority is required, or which will be an offence ifdone without lawful authority. shall produce the appropriatelicence, lease, permit, right or other authority authorisinghim to do the act within a reasonable time after he is requiredHI do so by a constable or forest ofliccr ; and every person who

20 Pit; 7 \n. 12

refuses or fails to do ~ , ,ommil'; an onl'n/',' ~H~';I;llst th;~, ~,('('t;(>n,

(2) Any consta bl. ('I' Forest oHi!'\! \\ ho finds an v fW!"StH)

committing, or rca.-,Olul)ly suspect'.; .mv !HTSOn of commit tiny;any breach of the pre-visions of this Act, or of till' r('gubti()r~'"

may require that pn on to f,6v\' his name and address, and ifthe constable or Io: cst officer has reasonable ground tosuppose that the nan.e or address given is false may requireevidence of the corr.«: I JH'sS thereof; and every persnn whorefuses or fails 10 gi\ I' his nann- and address (\1' CVi(!CI1CC ofthe correctness there, ,f. or who !~i\'cs a f:t1se name or addressor false evidence \\ ith !'I'S!WC! to his u.unr or address. commitsan offence against tllis section.

(3) Every person ,\ ho commits all oflenre against thissection shall be liabh 10 a fine not exceeding forty tiil:1,

or. ]949, No. 19. s, 4·1 (N.Z.).

3L Power of entrv on land- ..-( 1) Any forest offi.cer. andany person authorise. I in writing in that behalf by the ChidForest Ofiicer, Ina y ( Il! er upon any land in respect of whichany licence, lease, permit, rig'ht or authority has been grantedfor any purpose of f';l'stry under this or any other Act, orupon and protected I .nd, for j he purpose of making inspect­ions, or, carryirur ou 1 ~i lvicu Itura I operations or OtJ'Wf forestwork; and may enter upon any such land or any public landfor the purp()s(~ of pre-venting or dClcctin,g ollicnccs a,!~'ainst

this Act, or fur J)t.C'V('! 11 ing' or suppnssiug or invcstigarinr; theorigin of fires endan- cring any forest land.

(2) Any person wl.o obstructs or hinders any forest officeror other person authorised as aforesaid in the exercise of hispowers under this Sl' 'I ion commits an offence against thisAct. .

CL1949, No. Pi, s, -12 (N.!:.).

PART Y

FOREST PROnt TeE

32. Forest produce presumed to be the property of theState-When in any proceedings under this Act a questionarises as to whether auv forest produce is the property of theState, that produce s:;dl be presumed to be the property ofthe State until the {< .ntrary is proved.

Cf. 1949, No. 19 ::, 27 (N.Z.).

.,L

:n. Property in forest produce 110t 1.0 pass until paid for­Utl!I'~S otherwise ;.lf~re('(j, all fo.J'(·Sj produce owned by theStzlt.- upon which anv rent (\1' royalties ;H'(' p.ryable to thet ;(J\nnllwllt or the Sl;l\\' (\1' :tllvMiuiqn under this Act ortlH' In~u1ations or any instrument shall, until the paymentthnt'of. remain the propert" of the State, and may be seizedand detained by any Iorcct officer until payment and, in de­butt of payment within OIlC month of the due date, may bedisposed of as the.M inisrcr ru.rv direct.

(;f. 1919, No. 19. ~;. 2g (N.I':.'I: l(l~~(). No. ·16. s, 31 (New(;uinea). !()()·l, No. 2~l. ,< :2 (N.>':)'

:H. Power to seize forest produce..· (1) Where any con­stable or forest officer has ('(';LSOn to believe that anv forestproduce has been cut, removed or otherwise dealt with con­trary to any provision of t his Act, or that ;lIlY other offenceunder this Act in respect of allY forest produce has been com­mitred. or that .mv fnrcst produce has been abandoned. hemay examine and sei7 1. ' th;H produce, awl for that. purpose ifauthorised so to do hv a sc.rrch warrant issued bv a Mauis­irate or Fa'arnasino Fexoasoani may enter any Ian'd or build­ing, <loins>: as little damage thereto as may be.

(2) While any fores: produ-r- is in course of conveyance,any constable or forest ofliccr Ill")' do all or any of the follow­ing tltin,~;s:

(a) I-Ie may stop and enter any vehicle or vessel carry­;ng the produce and detain that vehicle or vessel forso long as is IH'CCS;;ary for the purposes of thissection;

(b) He may examine the Ilnl(lu('e;

i (') He may require' the I'nSOtl ill possession of the pro­duce to explain his riuhr to he in possession of theproduce and, if that person refuses or fails to givo as:uisfactory explanation, may seize the produce.

(, .~~) \Vhere any forest produce is seized under the foregoingprovisions of this section the constable or forest officer who:->l·jzes it may require the person in charge of any vehicle or\'('~sel on which it is loaclcd to take it to such reasonablv con-\Tnicnt place as he m;1Y specify 'mel there to unload it:

('1) Every person who fails to do any act which he is re­quired to do under subsection (3) of this section within areasonahle time commits an olICTlCC against this Act.

22 19ti7. No. 12

(5) Where any forest produce. is seized under the fore­going provisions of this section it shall become and remainthe pr.operty of the State until the claim of a lawful owner isestablished.

Cf. 1949, No. 19, s. ·13 (NOl.).

35. What constitutes a seizure-e-Either the branding ormarking of any timber (11' other forest produce with a distin­rive mark, or the affixing thereto of a written and signed no­tice of seizure, by a constable or forest officer for the purposeof section 34 of this Act. shall constitute a seizure for the pur­poses of that section, and any person who thereafter, with­out the written permission of the person making the seizureor of a Magistrate, removes or interferes with the timber orother forest produce seized commits an offence against thisAct and shall be liable to imprisonment for a term not ex­ceeding three months (11' to a fine not exceeding one hun­dred tii15.

or. 1949, No. 19, s.~3 (N.Z.).

, 36. Procedure subsequent to seizure-( 1) When any timberor other forest produce has been seized under section 34 of thisAct, the person making the seizure shall forth with givewritten notice of the seizure to all persons in possession of, orowning, or reasonably lxlievcd to own, the timber or otherforest produce, and shall also tile a notice of seizure in theoffice of the Magistrate's Court nearest to the place of sei­zure.

(2) Notice in writing of the seizure shall also be postedforthwith in the police station, and in the Forestry Divisionor other public Government office, nearest to where theseizure was made.

(3) If within fourteen days after the affixing, giving, filingand posting of notices as aforesaid no one claims to be theowner of the timber or other forest produce, a Magistrateshall, upon application being made in that behalf, either orderthe seized timber or other forest produce to be forfeited tothe State, or make such order as he thinks just vesting thesame in any person.

(4) Notwithstanding anything contained in the foregoingprovisions of this section the Minister may order at any timethe release of any produce seized and the withdrawal of any

23

notice ofseizure in respect of the produce, which shall there..upon cease to be the property of the State.

Cf. 1949, No. 19, s, 44 (N.Z.).

~i7. Disposul of forfeited produce- -Any timber ,or otherfor,est produce forfeited in pursuance of this Act may besold or otherwise disposed of, on the recommendation of theMinister, as if they were public stores.

Cf. 1949, No. 19, s, 45 (N.Z.).

38. Power to sell bv auction without Iicence--Anv forestofficer. in the performance of his duties and with the authorityin 'writing of the Minister, may hold public auctions of forestproduce, and may submit permits, rig-hts or other authoritiesto public auction, without being the holder of any auctioneer'sor other business licence.

Cf. 1949, No. 19, s. 29 (N.Z.).

PART VI

PROTECTION AGAINST FIRE

39. Prohibitionor control of fires, etc., during extreme firehazard-e- (1) When weather or other conditions arise which,in the opinion of the Minister, present an extreme fire hazardin any area, whether forest land or not, so' that an outbreakof fire therein would be likely to spread and endanger life andproperty, the Minister may publish, or cause to be published,by radio or newspaper or other effective means, an order inrespect of such area, and for such period as he may specify,-

(a) Prohibiting the setting on fire, or causing or assistingto beset on fire, or aiding or abetting any otherperson to set on fire, in the open air, of any trees(whether standing or not), timber, grass, otherplantswhatsoever, debris from forest or land clear­ing operations or other combustible material what­soever; or allowing those things to be done or con­tinued only with the prior written authority of aforest officer, given or renewed after first publicationof the order, and subject to such conditions as theforest officer may impose;

(b) Prohibiting in whole or in part any operation whichthe Minister thinks is likely to cause an outbreakof fire in the area; or directing that it be carried on

:24

or continued 0' I" with the prill! written authorityof a forest 01 Ii cr. uivcn or renewed after firstpublication of ! he order, and subject to such con­ditions as t hc I il csr oHic.:r may impose;

(c) Pnihibiting or '\'~tricting the entry of persons otherthan thosc whr normally reside or work therein.

(2) Any order under this section shall come into forceimmediately it is Iirsr -puhlished and shall remain in forcefor such period (if auy ) as rna y be specified in the order oruntil revoked.

(:3) Any order publis' ('dunder this section may be at anytime amended or revoked by a subsequent order so published.

(4') A forest officer rnav in his discretion refuse to grantan authority in any case.

(5) Every authority 10 light a fire in the open air shall besubject to a condition that it shall not be lit while a heavywind is blowing or if oth.-r circumstances are such that the tirewould be likely to spre, d beyond the Iirnits of the land onwhich it is authorised j(, be lit.

(6) Every person who fails to comply with any orderpublished under this :,;eO ion, or with any condition subject towhich any authority is ';'iven by a forest officer under thissection, commits an offence against this Act.

(7) Nothing in this SI -ction or in any other section of thisPart of thisAct, or ina fly lawful authority, shall beheld torelieve any person from liability for any actionable damagesustained by any other person in consequence of any act,matte']' or thing done by the first mentioned person.

Cf. 1955, No. 44" S', 20, 21 (N.Z.).

10, Causing fire to spread to forest land or leaving fire inopen without precaution-s-f 1) Every person commits anoffence against this Act V\ ho at any time-

(a) Causes or permits any fire anvwhere to spread toany forest land, if any forest produce or other pro­pertyon that forest.land is.thereby burnt or injuredor is in danger of being burnt or injured, or thefertility of the soil of. any of that forest land is there­by injuriously affected;

(b) Lights or kindles anywhere in the open air anyfire which could spread or cause injury to forestland, or assists :dds or abets the lighting or kindling;

,) ..:...)

{b)

i 'J\~

of such a fire, and t lu-n k.I\('S the Jill' without hav­ing taken due prvruut ion ;l~';)iIlSl thr fire spreading'or causiug iujurv to fOl'\'sl l.uid.

III all)' proceedings tinder this StTlioll,'-

Tilt' averment that anv land is fOl'est land or Stateforest land shall be s~IfIJci('l1t without proof of thatfact, unless the defendant (the onus being on him)proves -to the contrary; and

A map of the land cert ified under the hand of theDirector of Lands shall he sufficient evidence of itscontents without production of original records andwithout the personal attendance of the Directorof Lands or proof of his signature.

Cf. 1949, No. 19, s, 46 (N.l.); 1955, No. 4+, s, 22 (N.Z.).

41. Offence to leave burning or smouldering substance­Everv person commits an offence arrainst this Act who with-

~ < l ,

nut' lawful authority, or without complying with any conrlitionset out in any such authority, throws, leaves, or drops anylighted match, pipe-ashes, lightf'd cigarette ,lighted cigar,ashes from a gas producer, or other burning or smoulderingsubstance on any land while an order is in force under section39 of this Act, overing that land, and omits before leaving thespot wholly to extinguish the fire of the burning or smoulder­ing substance.

Cf. 1949, No. 19, s. 47 (N.Z.); 1955, No, 4-1-. s. 23 (N.Z.).

42. Right holders to provide fire fighting cquipment-- (1)Every holder of any licence, lease, permit, right or authorityover any forest land who is lighting any fire in the open air,or otherwise conducting on forest land or on any other landwithin one mile thereof any operation which is likely to pre­sent a fire hazard, shall take all such measures as may beprescribed and failing prescription as may be necessary toprevent the occurrence or spread as the case may be of anyfire; and shall provide all such equipment as may be pre­scribed and failing prescription as is suitable and adequatefor the purpose of fighting fires and for securing the safetyof lives and property from fire on that land; and shall placethe equipment in localities and upon sites where it will bereadily accessible and convenient for use, and shall provide-uch structures and do all such things as may be necessaryfur the protection of the equipment. and shall maintain the

t (', { s! \ \%7, No, 1:!

('qui pmnH in :';:0< ,d \\ 'll!-- i1IL': (,I'd,,;' ,I ;!l1 ('(lnrlj tion ,1I1d ensu rcrha: ir i,: :'f~adiiv ,,\. ,i) ,1',it.. :l"('(':c:il;:",rll! (fil)\!'nicllt for cfkct­:...• l!~~,~ 'l~' :1!! r;:;·(··.

\(~~r:c'?~!2_-· . '.:~~ ." ..;._:&:- ::. (~:':':'~J·~~~lL.:':: .:t2)-,.... i:):~~·Lt.:J:nJ

which in the ')l':'';''>' \' »"'il ""'~''''IT'',-' ""-;,, like 1", 1(' I~r"scr::'" .~~ ..... -l. '4.l~~- .. >.. ~ - ....... "'.('~~l ..... ·l..-L"'4 .. 1 __ • \. .. ·06.'11:1.

tire haza rd c111d \\ hc:c in the opin ion of the forest ofiicer theprovisions of subsection \ 1; of this section arc not lioirurwholly complied with. the forest officer may from time totime, by notice in writ inc require the holder to take suchmeasures within such time as may be specified in the noticefor the purpose of complying with those provisions; and, ifthe holder fails to take such measures within such time, mayhimself take any such measures as appear to him to needtaking urgently, and the cost of so doing if not paid on de­mand shall, subject 1:0 subsection ('t) of this section, be atthe expense of the holder and be recoverable in any Court ofcompetent jurisdicti. .n as a debt clue to the State.

("3) Any person who is dissatisfied with any requirementof a forest officer under subsection (2) of this section may,within fourteen da) s after notice thereof has been given,appeal in writing set ting out the grounds of the appeal to aMagistrate's Court presided over by a Magistrate.

(4) On any such appeal, the Court may cancel or varythe notice or may confirm it either absolutely or subject tosuch conditions and modifications as the Court deems just andmay make an order as to the incidence of the cost of anymeasures taken by the forest officer, and each decision of theCourt shall be final and conclusive.

(5) Pending' dcci-iion of the appeal the notice shall bedeemed to be suspended, except ;1S provided in subsection(2) of this section.

. Cf. 1949, No. 19, s. 48 (N.Z.); 1955, No. 44, s. 30 (N.Z.).

43 Duty to endeavour to extinguish fires-s- (1) Any personwho becomes aware of a fire burning unattended in the openair on or within one mile of forest land, or on any either landwhile an order is in force under section 39 of this Act coveringthat land, shall immediately cease the work or other activityon which he is engaged or employed and shall do everythingreasonably within his power to extinguish the fire, whether ornot there is an immediate danger of it causing damage; andif he finds he is unal lk to extinguish the fire he shall forthwirhcause the nearest available forest officer to be notified of the

and

r"!!'II,\ 27

f.P' ::': p(I~:,:ihk ro en­un'it it is brourrht

,,,.' th'-';;Ofn"f'i }:1.;:,,!;'· . "._.- ; ;._",-' .....r 6. :;

_; \\'lwr,' afire (';1 l n~w mile (,1 ~1l\

~H~.t of forest land ill respect nh\'hich ,un person holds an)licence, lease, permit, right or authority, or along or withintwenty chains of suSh portion of anv route f{">,ulady traversedin the course of forestry operations in connection with thatarea as is on or within one mile of any forest land, that personand his servants, agents, and employees, if they discoverorbecorne aware of the outbreak of fire while they are on thatarea or on that portion of that route or within five miles ofthe boundary of that area or of ;my part of that portion ofthat route, shall immediately cease the work or other activityon which they are engaged or employed and shall do every­thing reasonably within their power to extinguish the firewhether or not there is an immediate danger of it causingdamage; and if they find they are unable to extinguish thefire they shall forthwith cause the nearest available forestofficer to be notified of the outbreak, and shall then continueso Jar as possible to endeavour to control or extinguish thefh:e until it is brought under control Of. extinguish or untilthey obtain the approval of a forest officer to desist.

(:3) Where a fire. is burning on land within one mile ofany forest land and the fire is in danger of spreading to forestland, or where any fire which was not lit pursuant to a writtenauthorityof a forest officer is burning in the open air on anyother land while an order is in force under section 39 of thisACt covering. that land, any occupier of the land on whichthe fire is burning and any person having any right or licencein respect of that land and all employees of any such occupier()1' person, if they discover or become aware of the fire whilethey are on the lastmcntioncd land or within live miles oftheboundary of that land, shall immediately take all possible>;reps to extinguish it; and if they are unable without assistanceto do so shall forthwith cause the nearest available fmestofficer to be informed of the existence and locality of thefire and shall then continue so far as possible to endeavourIi) control or extinguish the fire until it is brought under con­frol or extinguished or until they obtain the approval of aforest officer to desist.

Cf. 1949, No. 19, s. 49 (N.Z.); 1955, No. 44, s. 31 (N.Z.).

28 FOrests T967. No; .12

41- Offenceaot. to comply with section 42 ()r43 ~verypersoncommits an.offcnce.against this Act who Jails to complyin any 'respect with any provision of section 42o( 43 of th~sAct 01 with any requirement imposed under either of thosesections:

CL 1949, No. 19,8..50 (NZ.).

45. Requisition of assistance-to extinguish fites-(l) Intheey.~~ntQfa fire occurring on or within one Illileof any forestIHIld,'afofcstofficcr may require.any fi~ malcperso» over the;lgeofdght('l'll years residing or' working on any forest.Iarrdor .within five-miles of the boundary of any forest land onwhich the fire is burning or to which it islikely .. to spread toassist ill extinguishing the fire.

(2) .. 1:n. exercising any powetundcrthcprovisions'ofthi"section, the' forest officer shall leave available a; .suffieienrnumber of men to protect other property.

(3) ... All persons who, in response to •anoblig~fi()niI1lPoseqby this Actendcavouf to extinquish anyfireor')tl rYSp?ps.eto;areq~irsment pursuant to this section,orbyarrangefilentwith t~ciforestofTic('r, .• Tender •• assistance, •.• shall. pc de~ll1ed,for the ,purposf:s (If the ,Workers' Compensation<Ordinan<:y1960, while so acting, to be employed by the Forestry Divisi0rl~Tldto,bebein~ paid the same wage as .a'casual labourer 'ern­ploycdbythe Public Service 'Commission.

(4)Every'person whowithPllt sufficient causy,. the proofwhereof. shall lie on him, fails to complyimIl:'lediatelywiththe request of a forest officer under this 'section commits anoffence against this Act.

Cf. 1949, No. 19, s, 51 (N.Z.).

46. Costs of fire fighring-(l) In any case where therehasbeenan-outbreak of fire which hasmenacedanv forestland, or .anything ther~on,oranyother'-land..r~fert~d. to: insection 43 of this Act, and which has been. controlled oricxr"tinguished .by. a .forest .officer or other person ..;duly.requit:edorauthorised in 'that behalf, thewhole.or.any.portion.of.thecosts-incurred. shall, if the Minister so detyrminys"be.pa,yablebyall-or any of them the owner,Jicensee;Jesseeandpccupierof the land on which the fire occurred or of an:ylaqdc;Ol).,­raining property which .was menaced by the (fire and. hasbeen protected by the control OF extinguishment thereof.

19fi7. No: ,t2 Forests 29

,.(2)inc,making any su~h determination, the Minist~rshall.have-regard-to any negligence of any such owner, liceasee,lessee oroccupier and, to such other factors as he shall thinkIll.

(3) Any costs so determined and recoverable' by. t~e

Minister shall be recoverable in any Court of competent juns­diction as a debt due to the State, and when recovered shallhe paid into the Public Account to the credit of the.TreasuryFund, at .suchtimcs and by such instalments as the Minis,tc_f'Uch·rmiJl(~s.

(4r If any owner, licensee, lesseeor occupier is dissatisfiedwith any determination made by the Minister pursuant tosubsection {1) of this section for the payment of costs incurredin the control or extinguishment of any fire, that owner,licensee, Jesse-cor occupier may at any time within one monthafter notice of the Minister's determination has bccngivcnto him appeal against the determination in.writing settingJut the grounds of the appeal to a Magistrate's Court pre:sided over by a Magistrate.

(5) Onthe hearing of the appeal the Court .may confirm,cancel or amend the determination in such manner and inrespect o(such owners, licensees, lessees or oceupiersasJtthinks nt, and the decision of the Court shall be finalandconclusive.

~ 6) Pending .thedetermination. of an appeal, \the determination of the Minister appealed against shall be .treated assuspended.

Cf. 1949, No. 19, s. 52 (N.Z.); ,1955, No. 44, 8s.40,·42(N.Z.).

PART VII,

FURTHER OFFENCES

47. False entries or returns-e-Every.person who knowinglyor negligently wakes or causes to be made, in any book, return,declaration Of statement required by this Actor' by the re­gulations to be kept or made, any entry or Writing which isfalse in anymaterial particular commits an offence and shallbe liable to a ,fine 'not exceeding- two hundred tala:

Provided that if it be proved that -the .paymentof rent orroyalties payable to-the State has been evaded, and that thefalse entry or writing has been made orused for any purpose

30 J'",-.'.1'/.\ 1%7, No. 12

in connection with the evasion, the Court may add to the fineimposed on the conviction a further penalty not exceedingthree times the amount of the rent or royalties, the paymentwhereof shall be proved to have been so evaded.

Cf. 194·9, No. 19, s. 54 (N.Z.).

48. Unlawful cutting or removal of forest produce-( 1)'Every person who, without lawful authority, fells, cuts, marks,lops,injures, damages, destroys, obtains or removes any forestproduce in, on, or from any forest land commits an offenceand shall be liable to imprisonment for a term not exceedingDnc month or a fine not exceeding two hundred taHi or both.

, (2) In .addition to any penalty imposed under the fore­going provisions of this section there may be imposed a penaltynot exceeding three times the value of. the forest produce thesubject-matter of the proceedings, and every such penaltyshall be recoverable as a fine.

cr. 1949, No. 19, s. 55 (N.Z.).

:-49. Unlawful Interference with property of State-Everyperson who, without lawful _authority, takes or interfereswith or causes to be taken or interfered with any buildings,materials, tools, goods or chattels of any nature being theproperty of the State and being for the time being in or uponState forest land or in tilt' possession of the Minister commitsan offence and shall be liable to a fine not exceeding onehundred tala.

Cf. 1949, No. 19, s. 5G (N.Z.).

50. Offences with respect to animals, etc., on or in forestIand-s-Every person commits an offence and shall be liableto a fine not exceeding one hundred tala who, except pursuantto a lawful authority, on or in any forest land,~-

(a) Liberates any animal;(b) Allows any cattle owned by him or under his control

to graze; or

(c) Fails to remove .any cattle owned by him or underhis control when required by notice from a forestofficer so to do within such reasonable period -asmay be specified in the notice.

Cf. 1949, No. 19, s. 57 (N.Z.)~

:i1

51.' Offences with respect to forest officcrs-···gvel'y personrornmits an offence against this Act who--

(a) Offers violence to, or assaults, obstructs; threatens'. 'or attempts to intimidate, anv forest officer or other

person under the control of the Director while that"officer or person is acting in the exercise' of hisl'iowcrs or the discharge (If his duties unde-r this Act;

'or(b) Gives .or agrees to give or offers to any suchofficer

or person, any gift or consideration as an inducementor reward for any act done or to be done, or anyforbearance observed or to be observed, or anyfavour shown or to be shown, by that officer orperson inor in relation to the exercise of such powersor the discharge of such duties as aforesaid; or

(c) Personates or falsely pretends to be a forest officeror other employee of the Forestry Division.

Cf. 1949, No. 19, S8. 59,.60 (NZ.).

52. Other offences-Every person commits' an offenceagainst this. Act who docs any of the following things,namelvr-e-

(a) Counterfeits upon or unlawfully fixes to any forestproduce any mark appropriated for the use of forestofficers;

(b ) Without lawful authority, makes or causes to bemade, or uses or causes to be used, or has in hispossession, a brand, stamp or badge which resem­bles or purports to be a brand, stamp or badge suchas is usually used by forest officers;

(c) Counterfeits or unlawfully issues any licence or otherauthority for the cutting. removal or sale of forestproduce;

(d) Unlawfully alters, obliterates, defaces; pulls. up,removes, damages or destroys any boundary mark,stamp, mark, sign, notice, poster, licence, lease. per­mit, right or other authority used. or issued by anyMinister or the Forestry Division or any forestofficer or constable;

(e) Without lawful authority, enters any land while. entry is prohibited;

32 FOrests 1967. No. 12

(f)WithoutJawfu! authority, occupies, clears or breaksup any 'forest land for cultivation'Qranyptherpw:pose;

(g) .\\'itnQllt lawful authority, erects any 'Iivestocken­dosureor .buildiIlg on any .Ioeesr land;

(h) U~awfuUy.. destroys or damages any,building,fence,gate,Qf other st ructure in, on, or enclosing anyforest land;

(i ),without lawful authoritY"c;onstructs' o~ obstructsanY..XQad; path or waterway on or manyforestland;

(j )N~gligently causes any unnecessarydamageii; felling.any tree or in cutting, extracting or'removing anyfotest~roduce;

(k)'Without lawful authority, does or causestobedoneany act, matter or thing for which fawfulauthorityisreqniredunder this Act;

(I}·Without}awful authority, removesrfromany forestland any forest produce without previously payingany rent or royalties payable in respect. thereof;

(m),Knovvingly or negligently furnishes ..... an.~forestofficer with a false or incorrect statement Qfanyforesi, produce felled,cut,split,sawnOl'.remov~d

by him or by any person as his agent. or employee,on which any rent or royalties arc payaQI~,tothe

Sta:tc;or(n) Without lawful authority,receivCS'any.,{orest pro­

duce,knofVing the. same to have been obtairiedwitb­out lawf~l authority.

Cf1949,N6.19, S8. 57, 60 (NZ.) ;1963, No. 17, s. 13(Fiji).

GENERAL AS't6) OF'FENCES

53. Proof of lawful authority-.In any prosecution for anoffence under this Act, the defendant shallbepfesum~d toftavcacted'withoot lawful authority unless}thed'efe~dant(the:0nUs,:bei~gton-him).proves t<;5tp.e .contrary. '

Cf).1:949,N-o. 19, S8. 56,'60 (N.Z.).

54. General. penalty for offences__Every·person' whocorI1­mits an offence against this Act for which no penalty is pro..vided elsewhere than in this section shall be-liable-t-

(a)

(0)

!!lti7. 1\0. 12

In the case of an individual, to imprisonment fpr aterm oat exceeding three mouths, or to a fine notexceeding two hm~di'nj t:da.amt. 'if the offenceis acontinuing one, to a iurthcr uue not exceedingtwentv l~l;~ for even d.l\' durin'; which the otfcnc'econtinues, or to both :-u~'h imprisonment and suchfine;In'the case of a body corporate, to a fine not exceed­ing fivehundred ti'ila. and, if the offence is a con-tinuing one, to a further fine not exceeding' fiftyt~J5, for, every day during which the offence eon­tinues.

Cf. 1949, No. 19, s, 61 (N.Z.).

55:, Liability for loss or damage-s-f 1) Everyperson con­victed of an offence under this Act shall be liable for any lossor damage caused by the act constituting the offence, inaddition to the penalty for the offence.

(2) The amount payable in respect of that liability maybe awarded by the Court in fixing the penalty and may berecovered asa fine.

(3) In assessing the amount so payable the Court maytake into account salaries, wages, and incidental expensesincurred in the investigation of the act constituting the offenceand ill remedying the damage caused by that act and allother relevant factors.

Cf. 194·9, No. 19, s. 62 (N.Z.).

56. Confiscation of property used in commission of offence-~\Vhen any person is convicted of an offence under this Actin respect of' any forest produce, that forest produce and all

, tools, vessels, vehicles, conveyances and livestock used in thecommission of the offence shall be liable, by order of theconvicting Court,to confiscation.

Cf. 1953, No. 17, s, 19 (Fiji).

57. Limitation of proceedings-Any proceedings for .anoffence under this Act, or for the recovery of any penalty,fine Of forfeiture imposed thereunder, may becommencedat any time within reasonable time from the time of the dis­covery of the offence.

Cf. 1949, No. 19, s. 63 (N.Z.).

:H 1967, 1\;0. 12

58. Compounding of offences-When the Minister issatisfied that any person has committed any specified offenceunder this Act (other than those created by paragraph (c)of sectionSl and by section 52 ofthisAct}, the Minister mayaccept from that person a sum of money by way of compensa­tion for that offence, together with the forest produce (if any)in respect of which that oftener has been committed:

Provided that such compensation shall not exceedfive timesthe loss or damage which the Chief Forest 'Officer estimatesto have been cause by the act constituting the offence or themaximum penalty for the offence (ignoring in either casethe value of property which may be confiscated), whicheveris the smaller.

(2)' In any proceedings brought against any person foran offence under this Act, it shall be a good defence if thatperson proves to the satisfaction of the Court that the offencehas been compounded under this section.

Cf. 1953, No, 17, s. 20 (Fiji),

PART VIII

PROTECTED LAND

59. Land may be declared protected land-( 1) The Headof State acting on the advice of Cabinet may,· by proclama­tion, declare to be protected, for any period not exceeding 5years under anyone proclamation for all or any purpose offorestry, any land of any class which Cabinet considers forthe time being to be suitable for such purpose or purposes(hereinafter in this Part of this Act referred to as protectedland).

(2) The Head of State acting on such advice may, byproclamation, revoke or vary any proclamation declaring landto be protected land.

(3) The expiration or revocation of any proclamationdeclaring any land to be protected land shall not be anyimpediment to the issue by the Head of State acting on theadvice of Cabinet of a further proclamation- or successivefurther proclamations declaring all or part of thadand to beprotected land for any further period not exceeding five yearsunder anyone such further proclamation.

35

60. Status of.protected land-s-Land which is declared tobe' protected land shall not become State forest land or vest inthe State by force merely of the declaration but thedeclara­tion shall not be any impediment to the land being later setap,tfl as ..State forest land.

61. Rest-rictions "on dealings with protected land-(l) Itshall not be lawful or competent for any person to make anyalienation or- disposition of any protected land other thanpublic" land' or of any interest therein which' would be .per.missible but for this section without the prior consent inwriting of the1\-finister; and any alienation or dispositionthereof purported to be made without such consent shall benull and void.

(2) It shall not be lawful for any owner of protectedland, without the prior consent in writing of the Minister,---

(a ) To clear or break up any of that land for cultiva­tion or any other purpose; or

(h) To fell or lop any tree growing in that land or re­move 'any forest produce from that land, -exceptfor the" construction or repair of a dwelling orsupplementary building on land lawfully occupiedby him for the permanent abode or use of himselfand his family, or of fences on or around that land,or of his fishing stakes, or of his canoes or of his"landing places, or for firewood to be consumed by

, himself or his family for domestic purposes.Cf. 1953. No. 17, s. 11 (Fiji)

62." Offeu~~-""Every person commits an offence againstthis Actwho fails. to comply in any respect with any provision.( section til of this Act or with any requirement imposed

I>y the Minister as a condition of his consent thereunder.

cr. 1953, No. 17, s. 13 (Fiji)

63. Compensation-s- (1) Any person having any estate orinterest in any land other than public land which is declaredto bc protected land under this Part of this Act and which isinjuriouslvaflecred by that declaration shall be entitled to aJuUandjust compensation for the same from the Minister, tohe asccrtnined in the manner set out in Part III of the Taking:If Land Act 1964:

Provided that no compensation shall be awarded or payableunder this section unless an application has been made for the

1%7, :\0. 12

consent of the Minist- r under section Gl of this Act and theMinisterhasrefused 11:, consent, and in that event the amountof the compensation sh.t;j he limited ttl such injurious affectionas shan have been cnus.rl by such rdusa1.

(2) Where any su: II by way of compensation shall havebeen paid, under this section, the' amount thereof shall bededucted from <my sunrwhich may be payable by way ofcompensation in respect of anv subsequent taking of the saidland under the Taking of Land Act 1964·.

Cf. 1964-, No.1, s. 25.

PAR'r IX

fORESTRY DIVISION AnML....;ISTHATION OF PRIVATE .FORESTS

64•.Minister may act as trustee for owner of private foreston freehold land--(l) The Minister may in his discretionaccept appointment as the trustc.: of the Minister in chargeof any other Department of State or any public body, cor­poration or person mVllin~' freehold land and having powerto carry out anyone 01' more of the purposes of establishing,managing or protect in~~ any forest, managing or protectingany such freehold Ja!1<1 used C:' intended to be used [or or inconnection with any forest or proposed forest, appraising,cutting.andsclling· or utilising any timber or other forestproduce, any other purpose (if forestry, and making inspec­tions and preparing' reports for any such purpose as aforesaid.

(2) Any such ]\1 inisnr, public body, corporation or personnwning freehold land and having' power to carry out anysuch purpose may appoint the Minister to act as his trusteefor that purpose for ',1\4 h period, on such terms and conditions,and at such 'rcmuncr.n ion, as m;ty he ar~recd.

(3) Subject to 11H' t .:rrns of the \linistcr's appointment astrustee,-

(a) All freehold lan.l while under the management of theMinister pl1l';'uant to this section and that appoint­ment shall he administered as if it were State forestland, and "h;Ic so administered all the provisions ofthis Act shal] apply with necessary modifications asif the frr-cholI land were State forest land; and

(b ) Without prejudice to the generality of paragraph (a)of this suh,'(tjOH, the Ministcr.>-

1%7. No. 12 37

(i) Shall have, for any purposl' in connection withthat freehold land, forest, timber or other forestproduce, all the powers and authorities he wouldhave if the land was State forest land, and the forestwas on State forest land, and the timber and otherforest produce were products of State forest land;

(ii) May ask the Minister of Lands as his agent,ana the Minister of Lands is hcrcbv authorised, toexecute and issue such licences and leases as maybe necessary to cnahl« the Minister to exercise hispowers and carry out his duties; and to collect all"rent and royalties payable thereunder; and

(iii) May execute and issue in his own name astrustee for and on behalf of the other Minister,public body, corporation or person for whom he is .acting such permits, rights and authorities as maybe necessary to enable him to exercise his powers·and carry out his duties.

(4) All c::~Jenses incurred by the Minister on behalf of anyappointor under this section may be paid in the first placeout of the. Treasury Fund from moneys appropriated byParliament for the purpose, and may be deducted by theMinister l}fLands from any rent or royalties collected onbchal] of the appointor, and all fees, commission and othermoneys earned by the Minister or the Minister of Lands inrespect of services rendered to the appointor under this sectionmay be deducted by the Minister of Lands from any suchrent or royalties and shall be paid into the Public Accountlit the credit of the Treasury Fund.

Cf. ~949, No. 19, s. 64 (N.Z.).

65. Method of making customary landavailable for forestry( I) Any beneficial owner of customary land may apply in

writing to the Director of Lands under the Alienation ofCustomarv Land Act 1965, or vote in favour of a resolutionat a meeting of beneficial owners convened under section 9Athereof, desiring the Minister of Lands as his trustee there­uuder to grant a licence or lease over or in respect of the landfor forestry to the Minister, or direct to any other person.

(2) In any such case the Minister of Lands shall causeth(~ application to be notified to the Minister and, notwith­sranding anything to the contrary in the Alienation of.

3H FOrests 1967, !\o. 12

Customary Land Act 1965, shall not grant the licence orlease without the consent of the Minister, and shall includein the licence or lease to any person other than the Ministersuch covenants conditions and stipulations as to forestry asshall be requested by t he Minister, and collect all rent androyalties payable thereunder by the licensee or lessee.

. 66. Licence or lease of customary land to be granted byMinister of Lands-s-Thc Minister shall not himself grant anylicence or lease over Or in respect of any customary land ofwhich he becomes licensee or lessee, but he may apply to theDirector of Lands under the Alienation of Customary LandAct 1965 for the Minister of Lands to grant such a licenceor Iease, for a term or te-rms not longer than the term or termsof the licence or lease held by the Minister, and if theMinisterof Lands agrees so to do he shall include in the licence or leasesuch covenants conditions and stipulations as to forestry asshall be requested by the Minister, and collect all rent androyalties payahlc thereunder by the licensee or lessee.

67; Substitution of Minister and Director for Minister andDirector of Lands-After the registration of a licence or least>of any class of land or any interest therein for any purpose offorestry to 'any person other than the Minister, the licence orlease, and the provisions of this and every other Act in relationthereto, shall be read and construed, subject to section 27ofthis Act, as if the Minister was substituted for the Ministerof Lands and as if the Director was substituted for theDirector of Lands in respect of all covenants, conditions andstipulations other than those involving the payment of rentand royalties by the licensee or lessee to the licensor or lessor.

PART X

.\1ISC£LLANEOCS

68. Historic places-- When at any time the Minister is ofthe opinion that any place in any forest land is of historic,traditional, archaeological or national interest to. WesternSamoa, the Minister may, by notices in writing, require theowner of that land and any holder of any licence, lease,permit, right or authority in respect thereof, to preserve thatplace undamaged as fell' as possible for any specified periodnot exceeding three years until the Government has had

/-'0,.,'.<1.1

time to decide and give effect to .auy further action whichttw Government thinks should be taken in respect. thereof.

&J. Annual fcport-( 1) The Director shall includea report()f\ tlw Forestry Division in vach report furnished by himPUJ'~IJatlt to section 14 of t1)(~ Agriculture, Forests and Fisher­h'~ Ordinance 1959.

(2) The Director shall as soon as practicable after the endof each financial year cause to be prepared in such form asthe Minister of Finance may approve or direct, and includedin his report on. the Forestry Division, such statements .ofaccount showing the income and expenditure of the activitiesor operations conducted by the Forestry Division, or by, theDepartment of Lands for any purpose of forcstry,togetherwith such balance sheds, as the Minister of Finance mayapprove or direct.

Cf. 1~49, No. 19, SS. 16,68 (N.Z.).

70. Control of injurious importations and exportations­(1) No person. shall import into Western Samoa any tree,net' seed, timber or timber product except upon production ofa certificate in writing from the department dealing withforestry ef the Government of the country oforigin certifyingthat the same docs not contain and is unlikelv to introduceany insect, fungus, bacterium or virus in any of the life stagesof those organisms that may be injurious to or may cause anunhealthy condition in any tree, tree seed, timber cr timberproduct.

(2) No person shall export from Western Samoa any tree,tree seed, timber or timber product which contains any insect,fungus, bacterium or virus in any of the life stages of those»rganisms that may be injurious to or may cause an unhealthycondition in any tree, tree seed, timber or timber product; orwhich does not comply with any export requirements as tograding, treating- drying, manufacture and merchandising.Such requirements may be prescribed by the regulations, orhy the Minister while no regulations arc in force or in caseswhere the regulations do not apply.

(3) Any officer authorised in that behalf by the Ministermay at any time enter into any vehicle or conveyance orupon any land or premises or on board any vessel or aircraftfor the purpose of inspecting any tree, tree seed, timber ortimber product, and shall have all such powers and authori-

40 Forests 1967, Nl). ·12

ties as he deems necessary for enabling him toenforce. theprovisions of subsections (1) and (2) of this section.

(4) If the authorised officer is of opinion that any of thesaid imports or (~XP()J'ts art injurious or unhealthy or do nototherwise comply with any tlf the provision» of subsections(1) and (2) of this 1'\('< .tiun, he may require the owner .01' hisagent to remove dWl1I to such ground or depot as he mayappoint for detention for the purpose of observation or hemay require such imports or exports to be treated, disinfected,destroyed or otherwise disposed of.

(5-) In the event of failure to comply with any such re­quirement the authorised officer may at the expense of theowner.arrange' for the necessary removal, treatment, disinfect­Ion, destruction or other disposition as the case may require,and any such expense may be recovered as a debt due to theState.

(6) For the purposes of this section the Head of State act­ing on the advice of Cabinet may from time to time makeregulations not inconsistent with this Act for all or any ofthe following purposes:

(a) Appointing any specified ports or other places inWest­ern Samoa to be the only ports or places of .importor export for trees, tree seeds, timber':or timberproducts;

(b) Appointing quarantine grounds or depots where trees,tree seeds, timber or timber products, and packagescontaining them or with which they have or mayhave corne into contact, may be detained for thepurpose of observation or for the purpose of beinginspected, treated, disinfected, destroyed or other­wise disposed of;

(c) Authorising forest officers and such other persons asmay from time to, time be given authority in thatrespect to act as quarantine officers for the purposesof the regulations; and conferring on quarantineofficers so authorised such powers and authoritiesas art: deemed necessary to enable them to carryout the requirements of this Act and the regulations:

(d) Prescribing the charges that may be made for the in­spection of trees, tree seeds, timber or timber pro­ducts, or for the handling, treatment, disinfection,

41

destruction or other disposal of trees, tree seeds)timber ell' i iruhvr l'rn,;\l('(:\ whicl. arc Iound uponinspection to rvquirc sa,'ll kmc1Jil!g', tre:ltment, dis­infection. destruction or other di-posal;

(t·) ClJufi.:rriug such other pt\\H'J'S and authorities as mayl.>t~. necessary or CX1H:dil'1l1 for gh'ing full effect toth.... provisions of this ~;l'l tillll awl fpJ' ttl!' cine ad­ministratlon thereul.

Cf, 19·19: No. 19. s, 69 (N.Z.) ... ':"

71. Regulations as to control and eradication of diseasesaffecting trees, etc.s- (1) for the purposes (If this section "eli­sease" means any disease which may afiecr trees, tree seeds,timber, forests or forest products, and which the Head of Stateacting on the advice of Ca binct f rem time to time declaresto hI: a disease within the mcauing of this section, whethernr not caused by or consisting of the pn'scllce of any insect,fungus, bacterium or virus.

(2; The Hearl of State actiru, Oil the advice of Cabinetmay from time to time make regulations for the purpose oft'r:ldic~\ting or preventing- the spread of any disease whichmay ~tfkct rrces, tree seeds, timber, forests or forest products.

{:1) ·WithoutJimiting. the general power conferred by sub­srction (2; of this section, rcgu!ations may be made underthis srction for-all or any of the following purposes: .

(a). Prescribing the treatment and measures to be adoptedin respect of any trees, tree seeds, timbcr,forests,forest products, buildings or other structures, whichare affected by disease or likely, in the opinion of

. any forest officer, to become affected by disease;t. b) Providing: for the destruction of any trees, tree seeds,

timber, 1"OI'(';;t products, debris from tree fellingoperations Of refuse from sawrnilling operations,ill any case where the Chid Forest Officer is of theopinion that treatment may not completely destroythe disease, or that treatment has failed to destroy

. thedisease, and that there isa reasonable prospectof eliminating the disease from Western Samoa bysuch destruct inn;

(,; Prohibiting; 01' controlling the bringing'· into anyspecified portion of \Vcxtvrn Samoa from any otherportion or specified portion of Western Samoa ofany trees, tree seeds, timber or forest products,

42 Elt;7. :\0. 12

which are diseased, or likely, in the opinion of anyforest officer, to become diseased;

(d) Authorising. forcst officers at all reasonable times toenter on any land or premises 'where trees or forestsarc growing or trcr seed:" or timber or forest pro~

duct!' arc lying or stored or stacked for rh.: purposeof inspecting the same or, in any case whercrle­fault has been made in complying with any of therequirements of the regulations, for the purpose ofcarrying out those requirements at the expense ofthe person making default.

er: 1949; No. 1'9. s. 70 (N.Z:).

72. Specified' Ordinance not affcctcd--Nothing in se,'tions70' and' n of this Act-shall affect the operation of the pro~

visions of the Plants and Soil Importation (Disease Control)Ordinance 1950:

Cf. 1949, No. 19, s. 71 (N.Z.).

7:f:' R'eg~JMiol1s·· (1) The Hrad of State acting on theadvi..ze of Cabinet. mil v from. time to time make regulationsnot inconsistent with this Act fot' any purpose for \~'hich re­gulatlons- are required or coutcmplatcd by this Act, and forgiving full effbct 1.0 the provisions.of this Act.

(2.) Without restricting the general words in subsection(1). ohhis.section\.regulationsmay. be made-under this sectionfOf: all or; any of the following purposes:

(a) Regulating the management of any fnresr-Iand. andthe cutting, hewing, sawing, or other methods ofconversion. of timber or other forest produce, andthe burning Of' other disposal of logging and in­dustrial waste and debris therefrom;

(b) Prescribing the forms of licences and leases over or inrespect or forest land, and of permits, rights andauthorities over State forest land; and prescribingalso the methodby which and the conditions subjectto which the same may be renewed, extended, deter­mined, cancelled, forfeited; surrendered, or with­drawn;

(c) Prescribing the procedure for the sale of forest produceby auction, tender or other method, and enablingupset prices or minimum charges to be fixed;

43

{(1") Pfl'.st:ribjn~,thc fees or deposits to 'be puid with anyapplication or tender;

(I') Prescribing the amounts of rent and royalties payablein r~:tfH~Ct of licences and lea~('s'n,er,orin,espcatofforesr 'land, and of permits, riglu s and authoritiesoverStarcfurcst laud; and any covenants, .conditionsand 'stipularions to -bc contained therein; and pres­cribing-fees or charges to be paid to uhe [Director inrespect -ofscrvicesrendcred 'by :forest officers;

U) Rl:gHlatingthe exercise of ,the rights conferred bylicences and leases over or in 'respect' of 'forest land,and by permits, rights and authorities over Stateforest land; making provision for-the-protection andpreservation of trees, timber and 'other growth;and regulating' the measurement, appraisal, cutting,marking and remand of timber and other forestproduce;

( l! ,). Prescribing the mode in which any forest .produce isto b.. branded or marked for any purpose whatso­t~v,>r: .aud providing for the registration of brandsor marks;

(h ).PrcoSt:ribing the books ,and records. to be .kept and thereturns to be made unless otherwise agreed ,b¥ theholders of licences and leases over orin respect offorest land, and of permits, rights and authoritiesover State forest 'land, by producers and distnibutors,andby persons directly or indirectlytaking deliveryof timber or other forest produce, cut, .hewn, sawn,acquired, converted, held or disposed of by them;

(i) Requiring the person described irrparagraph (h) ofthis subsection to produce -for inspection .by .theDirector, or any person acting with the .authorityof the Director, all books of account, returns andother documents connected with any of the opera­tions described in that paragraph [h};

(J) ..Prescribing means for preventing 'or extinguishingfires on forest land in lieu of orin addition to thoseset out in this-Act:

(k )Re~ulatingor .prohibiting, ,or .authorising constables,trafficofficers, forest officers, Iicensees or ilessees to'regulate 'or prohibit, the use 'of any public road orof any track on or within 'one mile afforest land

·H 19117, 1'\0. 12

while a fire is in progress or fire fighting operationsare proceed ;ng in th.: vicinity. or at other times andfor other pLrposes:

(I) Preseribin r th.: measures to bl.· taken and the equip­ment and fire patrols to be provided and maintained,by sawmillers and other persons engaged in in­dustria 1 operations on forest land or any other landwithin one mill' of any forest land for preventingor extinguishing fires or for diminishing the dangerto life and pr(,~1Crt\' :ni.<in~ from fires;

(m) Prescribing r,'pl'cdu1'l' Ior srnppin~. detaining or seiz­ing am' (utcst produce:

(n) Providing that no sawmill 01' other related factoryor indus.' rial plant on any. class of land may beerc'cted 'H' operated without the prior writtenauthorir- (If I h.: :\fini.\fc\' or unlr...s it is r('~i~t('r('d

and prt'\\.Tibill):.: the mode Df registration ami rhofees t( I' . paid I h':';rfo)' ;llld the conditions for thvcontin \(1'1<:" of regist:r~:rinn or re-registration;

"f.J) R(~gula,-ing ~ b" L>,tabE':hnwm and conduct of recreationand C::!T,U!;'W ~j"·;i.:; on S;.au: [Of{':;;z land. and pres­crfbin« li y t;·rm.'; and ('m:di~ions on which the samemay be I!SI'(J and fees to be pard in respect thereof;

(p) Constitutinu, or providing for the constitution, appoint­ment, Or election of advisory committees, and de­fining thr: functions of any such committee;

(q) Regulating the type, d(";ir~ri, layout and equipmentof any s;lwrnilI or related factory or industrial plantwhich arr: erected or to be erected on any class ofland, an. I of any associated workers' dwellings,amenitie. conveniences, and services;

(r) Prescribing requirements unless otherwise agreed as tothe mraruring, appraising, ,grading, treating, drying,manufacture and merchandising of trees, tree seeds,timber or timber products;

(s) Prescribing rquircmcnts or conditions, unless other­wise agreed. in respect of the use, naming, manu­facture, drying, treating, grading, handling, storing,sale, supply, transport bv land or sea, distributionand disnoral of timber and manufactured timberproducts, either generally or in-respect of any speci­fied area, timber, grade or kind of timber or manu­factured timber product;

45

Rt'Strktiiig, prn'('ntillg or regulating the 'use, sale,export ni' disposal ofHmber» which art' in shortsnppl~' or which require to bt' conserved;

Pn'scdbim~ penalties, not {'xt~c('diug those which mavimp'os,'d under section 54 ot' this Act, .for tht~

hn~ach of an v ree'ulations under this Act. or of theconditions (If -any Ecence or lease over or .in respectof forest land, or of any permit, righror authorityPVcT State forest land; .

k RI:~uhUlng; the management of any land reserved foratl)' pll.rposc (If [oITstr\, and t he conditions subjectHrwhkh the public may ww such land;

w Regulating' the manaucrrrcnt-of any protected land;x Rq:;;lliatirig the floating of timber or forest produce in

harbours or hen\ isc on thl territorial waters of\,,'('St'('rll nr Oil rivets. ;ltld ,h( storing- thfi't>ofOIl. harbour nr ~\'a ShOlT~ or rivr-r bmlk,~,

(;eneraUy prescribing feci' payable under-chis Act OJ'

regl11ations-.Rer:;ulations made rhisAcr may beso made a.-,;,

(~pplv g'en~~raHy throughout \ffstenr Samoa or. \'\\ritmnan~':-;pecifieJ p~{rt or parts thereof, or within the whole of\Vest~:rn

Samoaexceptsuch part or parts as may be specified in then'gulations.

CL1949,No. 19, s. 72 (N.Z.); 1953, No. 17,s. 36 (Fiji).

74,Remuneration and allowances of committee members-e­:: 1) There may be paid, from moneys appropriated by theLegisJativeAssembly for that purpose, to each. member ofan~ advisory committee appointed pursuant to paragraph(p} of subsection (2) of section 73 of this Act who is not aIulltirne salaried employee of the Government;

(a) Any travelling expenses reasonably incurred by him inrespect of the performance of his duties as a memberof the advisory committee; and

h) Such sum as Cabinet from time to time approves inrespect of each day or part of. a day which suchmember spends upon the business of the advisorycominittce.

}Any such approval may be expressed to come intoforce Irom.before on or after the date thereof, and ifnot. so" ...rn·i'~':t't! shall come into force on the date thereof.