Section 10, Forestry Act 1988

( I) The' Chief Conservator may prepare a proposal for a c,,nst,tuti,, 11national fon;st. The proposal shall contain- ,,1·" 11J1:,•11JI (a) the boundaries of the proposed forest described foreSl. by reference to geographical fent11r~, markers. co-ordinates and measurement, and demarcated on a map of suitable scale: (b) a description uf th~ fu,~st re,oun:c, and potrntial of the proposed forest; (c) the main objective whether production or protec(ion to pursued in the n1anagement forest, and a description of the multtple benefits that may be obtained by such management; (d) a description of all ownership, usage and other rights affecting the area or the proposed forest and rec-ommendaticns for acquiring or confirming them; (e) an analysis of the effect, if any, that the constitution of the proposed forest will have on any rights that are not recommended to be acquired: (f) an analysis of the effect of the proposal on the agricultural, herding and other activities of the neighbouring population. al 6 1'110. F.orestry 1'811 (2) Whenever the Minister intends to constitute as a national foreo.t any land not owned or leased by the State, he shall first acquire the land by purchase or lease on such terms as to him seem just subject to t~: following provisions- Cap. 189. (a) existing usage rights shall b~ coPrirmed in so far ns they are consistent with the main objective of the proposed forest, and the a,·quisition of land under this subsection shall be subject to confirmed usal!e rights; · (b) in the case of !and in the Provinces- (i) the Minister shall acq1..ire a lease of such land for such tem1 not exceeding 99 years as appears to him appropriate to the objectives of the proposed forest; (ii) d leas:: mav be renewed for successive terms of 99 years, subject to the provisions of this sub-section; (iii) the amount agreed us rent for such land shall be adjusted by mutual agret:mer,t every five years; (iv) the le~se shall state what proportion of the rent as from time to time agreed shall be paid to th, Chiefdom Council and 11 hat proportion shall be paid to each of the land-users whose rigrts are being curtailed or extinguished; (v) with respect to any part of the land that is constituted as a forest reserve under the Forc:stry Act. no compensation shall be pay. able to land user, wrose use contravenes the provisions of tbe Forestry Act or any order made hereunder: (vi) at the time of the exc<-ution or renew of l:ase or adjustment of rent, no compensa ion or r,nt shall be payable in respect of improvements, including afforestation, made on the land by tne Forestry Division or a concessionaire, purchaser or licensee; ( vii) if at the time of sei:king a lease, or at anv renegotiation thereof, the Minister is u,;_ able to obtain the agreement of the Chiefdom Council to such terms as to him seem just he may ~ecute the lease or any modifica' tion thereof on such erms and in the nllme of the Chiefdom Council, subject to the adequacy of the amount of rent determined by the Minister; ( viii) every lease and every renewal thereof sh.all be subject to the approval of the District Officer for the District in which the land is situated; (r) in the case of land in the Western Area, the Minister shall acquire the freehold or leasehold by agreement or on such terms as to him seem just, subject to the right of any person to apply to a court for judicial determination of the adequacy of the compensation offered. (3) Upon receipt ofa proposal prepared in accordance with sub-section (I), the Minister may, by notic~ in the Gazette, constitute any land owned or leased by the State as a national production forest or a national protec:tion forest. The notice shall contain~ ( a) the boundaries of he forest described by reference to geographical fe.,1ure~, markers, co-ordinates and measurements and demarcated on a map of suitable scale; (b) the main objective whether produ,;tion or prot~ction to be pursued in the management of tl1c forest; - (c) a description of all confirmed usage rights affecting the forest. (4) Tbe Minister may, where it appears to him t0 be in the long-term interest of the country and of the proper management nr its forest resources, revoke ur modify any notice constituting a national forest. If the modification of an order under this ,ection would enlarge tht area of a national forest or reduce the rights of others in the I-Or-est applicable pJ:ovisions of this section with respect to the acquisition of land rights shall first be complied with. (5) Any area of national forest which b leased by the State shall cease to be a national forest upon the expiry without renewal of 1he lease. I 1. (!) Subject to any applicable forest n,anagement plan Licences for and to the prior rights of other persons, a forestry officer designated utilization of L,y th~ Chief Conservator may issue a licence auchorizin~ the holcter t"""" 1 thereof to perform $Uch of the following acts in a national forest as orests. may be .itated in the licence- Sale of national forest produce. f'orcst utili- Zalion concessions. to fe!I, take and extract timber, fuel wood and other forest produce, clear land, plant trees and crops, and graze animals. (2) A licence issued under this section shall be subject to such conditions as may b~ stated thereon or presc:ibed by regui2.tions made under this Act and to the payment of such fees as may be prescribed by regulations made under this Act. (3) A licence issued uncter this section shall, un !e:-s sooner revoked or wspc::ndeu, be valid for such period not exceeding on~ year as may be stated therein, except that a licence to (']ear land and plant trees and crops may be valid for such longer period as is necessary for the maturaliun and ha1vesring or tl1e crops or tree products to he planted. (4) A licence to cle:1r land ;;hall, unless the r-...tinistt.!r ~hall othen~ ise rrovide with iespert to a 11,:,' specified area, he subjecl to the condition that the land re restocked with approved forest vegetation within a period to he srecifietl in the licence