Forestry Act, 1998

Jurisdiction: Lesotho
Citation: Act 17 of 1998
Date: 31 December 1998
Language: English
Type: Legislation
Download: Download PDF (345.6 KB)

Lesotho

Forestry Act, 1998

Act 17 of 1998

Published in Government Gazette on 31 December 1998
Commencement date unknown
[This is the version of this document from 31 December 1998.]
[This legislation was digitised using the Laws of Lesotho Volumes I – XLVII, which were produced by the Attorney General of Lesotho, as reference. As the volumes do not include precise publication dates, the last day of the year of publication has been used as the date of publication.]

An act to repeal and replace the law relating to the planting and preservation of forests; and to provide for the regulation and control of dealings in forest produce and the sustained management of forests and forest reserves; and for other matters connected therewith.Enacted by the Parliament of Lesotho

Part I – Preliminary

1. Short title and commencement

This Act may be cited as the Forestry Act, 1998 and shall come into operation on the date of its publication in the Gazette.

2. Interpretation

(1)In this Act, unless the context otherwise requires—"Chief" means a chief as defined by section 2 of the Chieftainship Act, 1968¹ whose district, ward or area of jurisdiction includes the whole or part of a forest reserve or a private forest or a co-operative forest;¹Act No. 22 of 1968"Chief Forestry Officer" means the person appointed as such under section 4 of this Act;"Community forest" means a forest declared as such under section 17 of this Act;"Co-operative forest" means a forest declared as such under section 17 of this Act;"forest" means any existing area of land under section 11 and any new areas of land used for forestry, or declared for forestry use, under sections 12, 13 and 14 of this Act;""Forest Management Plan" means an operating plan prescribed for a particular forest reserve to secure the orderly taking, renewal and conservation of trees in accordance with the principle of sustained yield;"forest produce" means—(a)anything which is produced by trees or is grown or grows in a forest including trees, timber, wood, firewood, poles, laths, branchwood, slabs, chips, sawdust, charcoal, plants, grass, reeds, thatch, rushes, peat, creepers, leaves, moss, humus, flowers, fems, fruit, seeds, roots, bulbs, spices, bark, rubber, latex, gum, oleoresin, sap, essential oils; and(b)game, birds, skins, fish, honey, wax, bees and any other things naturally found in or obtained from a forest reserve;"forest reserve" means a forest reserve declared as such under section 12 or continued under section 11 of this Act;"Forestry Department" means a department of the Government charged with the responsibility of administering forestry affairs including this Act;"Forestry Officer" means an officer appointed in terms of section 4 of this Act and includes an honorary forestry officer;"Forestry Division" refers to the forestry division created under the Forest Act 1978²;²Act No. 11 of 1978"land authority" means the authority entitled to exercise the power to allocate land or to make grants of interest or rights in or over land in Lesotho in terms of any law;"licence" means a licence or permit issued under this Act;"livestock" means cattle, horses, donkeys, mules, pigs, sheep and goats;"Minister" means the Minister responsible for forestry;"Principal Secretary" means the Principal Secretary of the Ministry of Agriculture;"private forest" has the meaning assigned to it in section 17 of this Act;"tree" includes any seedlings, sapling, transplant or coppice shoot of any age;"working day" means any day other than Saturday, Sunday or a gazetted public holiday.

Part II – Tree tenure

3. Tree tenure

(1)Notwithstanding any rule of customary or common law or any legislation to the contrary, individuals, groups of individuals, communities organisations or cooperatives or their assigns or successors, as the case may be, who plant and grow a tree on land lawfully held by such individuals, groups of individuals, communities, organisations or cooperatives, as the case may be, shall own that tree and shall have all other rights of ownership in that tree subject to the provisions of this Act.

(2)Notwithstanding any rule of customary, common law or any legislation to the contrary, ownership of trees not covered by subsection (1) of this section, shall vest in the State and it shall be lawful for the Minister to transfer such ownership to individuals, groups of individuals, communities, organisations or cooperatives, as the case may be, on such terms as he may deem fit.

Part III – Administration

4. Appointment of officers

(1)The Public Service Commission shall appoint a Chief Forestry Officer and as many Forestry Officers and other officers as may be considered necessary for the purposes of this Act.

(2)The Minister may designate a person as an honorary forestry officer to exercise the powers and perform the duties of a forestry officer in terms of this Act.

(3)All officers of the Forestry Division holding office at the date of commencement of this Act shall be deemed to have been appointed under this Act without prejudice to their existing entitlements.

5. Duties of Chief Forestry Officer

The duties of the Chief Forestry Officer shall include—

(a)the conservation, management and establishment of forests;

(b)the demarcation and maintenance of forest boundaries;

(c)the issuance of licences and permits for the harvesting of trees and other forest produce in forest reserves;

(d)the protection and preservation of water resources in forest reserves, private forests, co-operative forests and along streams and the rivers in co-operation with the relevant water affairs authority;

(e)the promotion of the practice of forestry and agro forestry in the agricultural, pastoral and other areas in conjunction with the relevant divisions of the Ministry of Agriculture and the encouragement of proper forestry practices and management on private land through advice and assistance;

(f)the promotion of proper forest conservation practices;

(g)the survey, establishment, management, development and administration of forest reserves;

(h)the maintenance of biological diversity in forests;

(i)the training of staff and other relevant individuals or groups under the Act;

(j)the promotion and implementation of educational programmes to improve understanding of the contribution of forests to national well-being and economic development;

(k)advising the Minister on orderly and progressive de-gazetting of forest reserves and government-owned or government-run forest enterprises;

(l)the discharging of any other functions or duties that may be assigned or prescribed under this or any other Act.

6. Delegation of duties

The Chief Forestry Officer may, subject to such conditions as he may specify, delegate any of his duties under this Act, to any forestry officer.

7. Forestry Fund

(1)The existing Forest Fund created by the Forest Fund Regulations, 1983³, shall be redesignated as the Forestry Fund and its control and administration shall be transferred to the Principal Secretary.³L.N. No. 129 of 1983

(2)All fees, monies and fines collected under this Act, as well as, any voluntary contributions shall be paid into the Forestry Fund.

(3)The Principal Secretary shall administer, the Forestry Fund and shall keep proper accounts and other records in respect with the operations of the Fund.

(4)As soon as possible after the close of the financial year, but not later than three months thereafter, the Principal Secretary shall submit to the Accountant General accounts of the Fund including—

(a)a statement of receipts and payments for the period of the financial year;

(b)such other statements as may be prescribed in the Regulations.

(5)The Ministry of Finance shall cause the accounts of the Fund to be audited annually by the Auditor-General.

(6)The proceeds of the Fund shall be used for the establishment and sustained management of forests and forest research, and in part particular, for—

(a)payments agreed to with the representatives of a community in terms of a written contract;

(b)assistance to owners of private, community or cooperative forests in accordance with section 17 of this Act;

(c)to defray the cost of reforestation conducted by the Forestry Division or by a person or an entity, who is not required to reforest under this Act;

(d)to provide subsidies, seedlings, technical assistance and other incentives as may be specified in Regulations made under this Act to a person or an entity wishing to establish forests in accordance with this Act.

Part IV – Forest management

8. Management objectives

(1)The Chief Forestry Officer shall manage the gazetted forests and indigenous forests in Lesotho to obtain the maximum benefits in the form of forest production, environmental conservation and other economic uses that can be sustained over time.

(2)The Chief Forestry Officer shall be entitled to advise the owners of any private, community or co-operative forests to adopt scientifically sound management practices.

(3)For this purpose, the Chief Forestry Officer shall compile and keep under constant review an inventory of forest and forest produce in Lesotho.

9. Forestry Sector Plan

(1)The Chief Forestry Officer shall prepare a draft Forestry Sector Plan and submit it to the Minister for approval.

(2)In preparing the draft plan, the Chief Forestry Officer shall take into account the views of the Ministry of Planning, the Department of Water Affairs and the Lesotho National Environment Protection Agency. The Plan shall be available to members of the public for comments, if any.

(3)The Forestry Sector Plan shall—

(a)describe the forests in the State sector including indigenous forests and forests created by "matsema" on the basis of the latest inventory and other relevant information;

(b)assess the present and future demands for forest produce having regard to the need to protect the environment and to fulfill the economic development objectives that may be specified to the Chief Forestry Officer;

(c)specify the nature, extent and kind of permissible harvesting, post-harvesting, planting and processing practices in a forest; and

(d)prepare a budget for sustainable development of the forestry sector.

(4)The Chief Forestry Officer shall prepare a report in each calender year reviewing the implementation of the Forestry Sector Plan and propose any revisions to the plan that, in the light of the experience, may have become necessary.

(5)Any substantial revision of the plan shall be in accordance with subsection (2) of this section

(6)The Chief Forestry Officer shall submit the report referred to in subsection (4) to the Minister.

10. Power to collect information

(1)For the purposes of preparing a Forestry Sector Plan, the Chief Forestry Officer shall have the authority to collect relevant information on forests and forestry resources from any person or institution, whether public or private.

(2)Any person or institution, whether public or private, that does not, within 60 days of a written request under subsection (1) of this section, provide information requested by the Chief Forestry Officer, commits an offence and on conviction shall be liable to a fine not exceeding M5 000.

(3)If the information sought by the Chief Forestry Officer under subsection (1), from any person or institution is regarded by that person or institution, as confidential, then the matter shall be referred to the Minister.

Part V – Forest reserves, private forests and cooperative forests

11. Existing forest reserves

(1)All forest reserves established under the Forest Act, 1978, and listed in Schedule’ shall be deemed to be forest reserves established under this Act.

(2)The Chief Forestry Officer shall manage the forest reserves either through the Forestry Department or under written arrangements under which individuals, groups of individuals, communities, organisations or cooperatives as the case may be, are entrusted with the responsibility to manage the forest reserves in terms of a plan approved by the Chief Forestry Officer.

(3)The Chief Forestry Officer, after consulting the appropriate Local Authority, shall advise the Minister on the transfer of ownership, control and management of any forest reserve to individuals, groups of individuals, communities organisations or cooperatives, as the case may be, by notice published in the Gazette, when, in his opinion, such individuals, groups of individuals, communities, organisations or cooperatives, as the case may be, have the required resources and management expertise in this regard.

(4)The transfer shall be embodied in a written agreement that shall be binding on both the parties and shall provide that the Minister shall have a right to reclaim the forest reserve if the said agreement is breached materially.

(5)The Minister may, by notice published in the Gazette, amend the Schedule referred to in subsection (1).

12. Declaration of forest reserves on the request of land authority

(1)Upon a written request by the appropriate Local Authority for the establishment of a forest reserve on land within its area of jurisdiction, the Minister may direct the Chief Forestry Officer to carry out, or cause to be carried out, an examination of the land concerned and report on its suitability and financial viability as a forest reserve.

(2)If the report is favourable to the establishment of a forest reserve, the Minister may, by notice published in the Gazette—

(a)declare the area of land concerned to be a forest reserve from a specified date;

(b)specify the boundaries and extent of the forest reserve; and

(c)specify rights and obligations of the Local Authority in such reserve.

(3)After the publication of the notice in the Gazette, the Chief Forestry Officer shall cause to be posted in prominent positions on or near the boundaries of the land specified in the Gazette notices drawing attention to the fact that it has been declared a forest reserve.

13. Declaration of forest reserves on State land

The Minister may, by notice published in the Gazette, declare any land held by the State to be a forest reserve after due consultations as may be required under the Land Act, 1979⁴, or any other law.⁴Act No. 17 of 1979

14. Map or plan for each forest reserve

(1)The Chief Forestry Officer shall cause a map or plan of each forest reserve to be prepared and such map or plan shall be deposited in the office of the Commissioner of Lands where it shall be made available for public inspection on request.

(2)Copies of the map or plan shall be made available on payment of a prescribed fee.

15. Classification of reserves

(1)The Minister may, by notice published in the Gazette, classify forest reserves as production or protection reserves.

(2)Production reserves shall be maintained for the primary purpose of supplying forest produce on a sustained basis with due regard to the conservation of the natural resources therein.

(3)Protection reserves shall be managed for the primary purpose of protecting and conserving the soil, water, vegetation and other natural resources of the reserve and only such harvesting of any forest produce shall be allowed as is compatible with the primary purpose of the reserve.

16. Forest management plans

(1)The Chief Forestry Officer shall, within 120 working days of the declaration of a forest reserve, prepare and submit to the Minister for approval, a forest management plan for each forest reserve, to guide development and other activities in that forest reserve.

(2)In respect of existing forest reserves, a forest management plan for each forest reserve shall be prepared within 340 working days from the date of commencement of this Act.

(3)A forest management plan shall contain—

(a)a description of the area including its size and boundaries;

(b)a description of forest produce and other resources in the reserve;

(c)a statement of the management objectives for the next 10 years; and

(d)a description of silvicultural, harvesting and reforestation measures.

(4)The Minister may approve the forest management plan, with or without modifications.

(5)The Chief Forestry Officer shall manage the forest reserve in accordance with the plan as approved by the Minister.

(6)The Chief Forestry Officer shall prepare a revised forest management plan for each forest reserve, if, in his opinion, it becomes necessary.

17. Private forests, community forests and co-operative forests

(1)Upon a written request of the holders of alloted or leased land for the establishment of a private, community or a co-operative forest, as the case may be, the Minister may, on the advice of the Chief Forestry Officer, declare such land a private, community or a co-operative forest, as the case may be, and enter into an agreement with such holder or holders of the land for a specified term of years for any or all of the following purposes —

(a)managing, maintaining and utilizing a forest for the production and marketing of trees, fuelwood or other forest produce;

(b)soil and water conservation;

(c)plant conservation including maintaining biological diversity; or

(d)public recreation.

(2)The holder or holders of alloted or leased land, which has been declared a private forest or a cooperative forest may be described, for the purpose of this Act, as the owners of the forest.

(3)The existing 'liremo’ forests and forests created by ‘matsema’ shall be classified as community forests and declared as such by the Minister.

(4)An agreement in respect of a private or co-operative forest shall—

(a)describe the area including its size and boundaries;

(b)be in writing, signed by the holder or holders of alloted or leased land or by an authorized agent on behalf of such holder or holders of alloted or leased land and by the Chief Forestry Officer on behalf of the Government;

(c)contain a plan, if appropriate, of planting, thinning, harvesting and replanting indicating the species to be planted or occuring naturally and the extent of grazing, agricultural or other activity to be allowed;

(d)contain a plan, if appropriate, for soil and water conservation;

(e)contain a plan, if appropriate, for setting up agro-forestry industries;

(f)contain a plan, if appropriate, for the reimbursement of Government of reasonable costs of the administration, planning and management that may be incured; and

(g)specify the responsibilities of the Government and the holder or holders of alloted or leased land.

18. Proceeds from a private or co-operative forest

The proceeds from the sale of trees or other forest produce from a private or cooperative forest shall belong to the owners of the private or cooperative forest, as the case may be.

19. Assistance to private or co-operative forest

(1)The Chief Forestry Officer may, on request of any owners of a private or cooperative forest, as the case may be, provide assistance in forestry to the extent feasible, which may include forest planning, agro-forestry, silviculture, tree planting, thinning, charcoal production, harvesting and sale of timber and other forest produce.

(2)The Chief Forestry Officer may make reasonable charges to owners of private or cooperative forest, as the case may be, for services rendered having regard to the cost of such services.

Part VI – Forest utilization

20. Management and control of forest reserves

As from the effective date of continuation under section 11 or declaration under section 12, a forest reserve shall be managed, maintained and controlled by the Chief Forestry Officer in accordance with this Act.

21. Government forestry enterprises

(1)The Chief Forestry Officer shall advise the Minister on the transfer of ownership, control and management of any forest enterprise owned or run by the government to individuals, groups of individuals, communities organisations or cooperatives, as the case may be, through a notification published in the Gazette, when, in his opinion, such individuals, groups of individuals, communities, organisations or cooperatives, as the case may be, have the required resources and management expertise in this regard.

(2)The transfer shall be embodied in a written agreement that shall be binding on both the parties, disclose the terms of transfer and shall provide that the Minister shall have a right to reclaim the enterprise if the said agreement is breached materially.

22. Acts prohibited without licence

No person shall, unless authorised by or under this Act, perform any of the following acts in a forest reserve—

(a)cut, take or remove any forest produce;

(b)graze livestock; or

(c)do any act for which a licence is required by or under this Act.

23. Licences

(1)Subject to the relevant forest management plan, the Chief Forestry Officer or forestry officers authorised by him may, on payment of prescribed fees, if any, issue a licence authorising the holder thereof to perform such of the following acts in a forest reserve as may be specified in the licence—

(a)fell and extract trees or take other forest produce from a forest reserve for a commercial purpose;

(b)take any forest produce to construct or repair a dwelling house for the abode of himself and his immediate family members;

(c)remove a reasonable amount of fuelwood for his domestic use;

(d)in the case of inhabitants living in the vicinity of the forest reserve—

(i)graze specified number of livestock for specified days;

(ii)remove wood for a funeral or other cultural ceremonies;

(iii)plant vegetable crops of a type approved by the Chief Forestry Officer;

(e)use for recreational purposes.

(2)A licence issued under this section shall be subject to such conditions as may be provided therein and shall not be transferable.

(3)A forestry officer may, at all reasonable times, order any person in a forest reserve, to produce a licence for any act done or committed by such person or his servants or agents for which such licence is required by or under this Act or regulations made thereunder.

(4)A forestry officer may, without a search warrant, enter and search any building, and any enclosure where he reasonably suspects that forest produce in respect of which an offence has been committed under this Act, or any tool, vehicle, machinery, equipment or other article which has been used in the commission of the offence, is kept, and seize such forest produce and any such tool, vehicle, machinery, equipment or other article.

(5)A forestry officer may without warrant, arrest any person, whom he reasonably suspects to have committed an offence under this Act and who is unlikely to attend the court in answer to any summons addressed to him or, on being requested to supply his name and address, fails to do so or supplies a name and address, which the forestry officer believes, on good grounds, to be false.

(6)A licence issued under this section shall not be valid for a period exceeding 5 years.

24. Relief against denial of licence

Any person aggrieved by the decision of the Chief Forestry Officer not to issue a licence under section 23 may, within 15 working days of the receipt of the decision, appeal against it to the Minister, and may, if aggrieved by the decision of the Minister, within 15 working days of the receipt of the decision of the Minister, appeal against it to the High Court.

25. Seized articles

(1)All articles seized under section 23 shall be retained by the Chief Forestry Officer until the conclusion of any prosecution or compounding of the offence, or a decision not to prosecute has been taken.

(2)Any article not ordered to be forfeited by the court or not confiscated in connection with compounding of the offence shall be returned to the person from whom it was seized or to any other person who appears to be entitled to it.

(3)If the article seized is perishable or otherwise difficult to retain in custody safely, the Chief Forestry Officer may order it to be sold or destroyed and retain any proceeds that were obtained as a result.

Part VII – Forest protection

26. Fire prevention in a forest reserve

No person shall—

(a)negligently, throw down or drop any burning match or other material or any material capable of spontaneous combustion or self-ignition;

(b)without authority, fire any grass or undergrowth or light or assist in light or assist in lighting a fire;

(c)light or leave any fire without taking due precautions against the fire spreading and causing damage;

(d)without authority, do anything in consequence of which any forest produce may be burnt or injured or may be in danger of being burnt injured,

in a forest reserve.

27. Precaution against fire

(1)Any person, who lights a fire near a forest reserve, private forest, community forest or co-operative forest, shall take all necessary precautions to prevent the fire from escaping beyond control and shall be liable for any damage to any forest produce caused by any failure to take such precautions, notwithstanding any efforts he may have made to prevent such damage.

(2)Where a fire escapes into a forest reserve from an area held or occupied by any person, that person shall be liable for any damage caused by the fire unless he proves that neither he nor anyone in his employment lit the fire and that he took all possible precautions to prevent such damage.

28. Prevention of disease

A forestry officer may enter upon any land and may cut and destroy any diseased, dead or dying tree likely to cause the spread of disease or to cause damage to any other tree or to forest produce or to life or property in a forest reserve.

29. Prohibited acts

No person shall, without authority—

(a)squart, reside or build any hut or other construction;

(b)allow livestock to tresspass;

(c)clear, cultivate or break up land for cultivation or other purposes;

(d)enter any part where entry is by notice prohibited or climb through or over any fence or gate,

in a forest reserve.

30. Damage to forest produce

No person shall, while lawfully removing forest produce or utilizing a licence in a forest reserve, cause any avoidable damage to other forest produce.

Part VIII – Offences and penalties

31. Offences

(1)Any person, who—

(a)contravenes any term or condition of a licence issued under section 23 of this Act; or

(b)contravenes section 30 of this Act; or

(c)knowingly receives any forest produce which has been obtained in contravention of this Act; or

(d)has in his possession any forest produce which has been obtained in contravention of this Act and is unable to account satisfactorily for such possession,

commits an offence and on conviction is liable to a fine not exceeding M2 500 or to imprisonment for a period not exceeding one year or both.

(2)Any person, who—

(a)contravenes section 26 or section 27 or section 29 of this Act; or

(b)injuries, alters, shifts, removes, or interferes with any beacon, boundary mark or fence on a forest reserve; or

(c)counterfeits, alters, obliterates, defaces, or fraudulently uses any mark used by forestry officers on any forest produce; or

(d)obstructs or impedes any forestry officer in the execution of his duties,

commits an offence and on conviction is liable to a fine not exceeding M5 000 or to imprisonment for a period not exceeding 2 years or both.

(3)If owners of a private forest or a co-operative forest, as the case may be, infringe the agreement referred to in section 17 of this Act, they shall be guilty of an offence and on conviction liable to a fine not exceeding M5 000 or to imprisonment for a period not exceeding 2 years or both.

(4)Any forestry officer, or employee of the Forestry Division who—

(a)solicits or receives or agrees to receive, whether or not for himself, any payment, advantage, or reward, pecuniary or not, in consideration of his doing anything in conflict with his duty or of his refraining from doing his duty; or

(b)solicits or receives or agrees to receive from any person, any payment, advantage or reward pecuniary or not, in consideration of his doing his duty; or

(c)trades in government forest produce or acts as an agent for any person trading in forest produce without the prior approval of the Chief Forestry Officer,

commits an offence and on conviction is liable to a fine not exceeding M5 000 or to imprisonment for 2 years or both.

32. Increased penalties

Where any offence under section 31 is committed after sunset or before sunrise, or where an offence under section 31 is committed within 3 years following a previous conviction for an offence under this Act, the court may impose double the penalty prescribed for the offence under section 31.

33. Additional orders on conviction

In addition to any penalty imposed for an offence under this Act, the convicting court may order that—

(a)any licence held by the offender is cancelled;

(b)any forest produce in respect of which the offence has been committed and anything which has been used in the commission of the offence shall be forfeited to the Government;

(c)where any forestry produce has been damaged, injured or removed in the commission of an offence, the offender shall pay to the Government or other owner of such produce compensation equivalent to the value of the produce; and

(d)the offender shall pay to the Forestry Division any fees which, had the act constituting the offence been authorized, would have been payable in respect thereof.

34. Compounding

(1)A forestry officer may, where he is satisfied that a person has committed an offence under section 31(1) or (2) of this Act, and such person consents in writing to compounding the offence under this section, compound such offence by accepting—

(a)a sum of money not exceeding one-half of the maximum fine prescribed for the offence, augumented in accordance with section 33 in appropriate cases;

(b)payment of any fees that may be due or which would have been due if the act had been authorised under this Act, on forest produce in respect of which the offence has been committed;

(c)if the forest produce has been damaged, injured or removed in the commission of such offence, a sum of money not exceeding the value of such produce.

(2)The compounding of an offence by any person under this section shall be a bar to any further proceedings against that person in respect of that offence.

(3)Where any property has been seized in connection with the offence compounded under this section, the forestry compounding the offence may, if such property belongs to the offender, either release it to him on payment for a sum of money not exceeding the value thereof, or confiscate it for the Government.

(4)No offence in respect of which a prosecution is actually pending shall be compounded under this section otherwise than with the consent of the court before which such prosecution is pending.

35. Prosecution of offences

(1)On the information of a forestry officer the Director of Public Prosecutions may conduct any prosecution that may be necessary under this Act.

(2)In accordance with section 9 (c) of the Central and Local Courts Proclamation 1938, a Central or Local Court is, within its jurisdiction, authorised to administer this Act.

36. Presumption

For the purpose of prosecutions or any legal proceeding under this Act, it shall be presumed that forest produce or any building, machinery, equipment or other property on a forest reserve belongs to the Government.

Part IX – Miscellaneous provisions

37. Common law remedies not affected

Nothing in this Act shall take away or interfere with the right of the State or any person to recover, at common law, compensation or damage for injury caused by an offence committed under this Act.

38. Liability of forestry officers

No action shall lie against the Chief Forestry Officer or an officer or other employees of the Forestry Division for any injury to or loss sustained by any person in consequence of anything done under this Act unless such injury or loss arose out of a malicious, fraudulent or grossly negligent act of any such officer.

39. Sale of forest produce and determination of charges

(1)The Minister may, by order—

(a)in respect of any forest reserve, determine tariffs, which may vary according to circumstances, for the sale of forest produce therefrom and for the grazing of livestock thereon;

(b)determine the charges to be lievied in respect of any services rendered by forestry officers or other employees of the Forestry Division.

(2)The determination referred to in subsection (1) of this section, shall be stated in any licence that may be issued under section 23 of this Act.

(3)The quantity of forest produce which may be removed by a licensee, the method of removal, the season or times during which the forest produce may be removed, shall be determined by the Forestry Division and stated in the licence.

40. Forestry promotion and extension services

The Chief Forestry Officer shall—

(a)coordinate sufficient and appropriate education and extension services to sensitise the Basotho Nation as to the potential and value of forestry in a cost effective manner;

(b)provide cost effective advice by properly qualified staff and such other support as may be appropriate to any individual, group or organisation requiring it and to monitor the extent of its adoption, wherever possible.

(c)submit an annual report to the Minister providing details of progress made under this section.

41. Regulations

(1)The Minister may make Regulations for the management of forests and for implementation of this Act, and in particular for—

(a)establishing the agroforestry industries;

(b)establishing terms and conditions of any licence or agreement;

(c)prescribing criteria for the issue, termination, cancellation, suspension or extension of licences required under this Act;

(d)Prescribing the rules regarding the reporting of information concerning the utilization of forest and forest produce, and prescribe the form, contents and manner of making required reports;

(e)regulating the use of roads in a forest reserve by the travelling public;

(f)the grazing of livestock and the manner in which pasturage shall be used;

(g)the impouding of livestock, whether trespassing or found grazing in a forest reserve in excess of the number permitted in a grazing licence, the imposition of pounding fees and charges in respect thereof, the imposition of special fines in respect of any animal in excess of permitted number and the recovery of damage done to forest produce by such livestock;

(h)hunting or fishing in forest reserve;

(i)providing for the registration of forest property marks and regulating their use;

(j)regulating the transport of forest produce and, in particular, requiring or prohibiting any means or route of transport and prescribing the conditions for its use, requiring transit, import and export of forest produce through specified points, prescribing the documentation required to accompany forest products during transportation;

(k)entry into forest reserves subject to the rights of travelling public;

(l)prescribing the procedure for modifying or termination an agreement with the owners of the private forest or co-operative forest, as the case may be;

(m)prescribing soil conservation and other measures for dongas; and

(n)any other purpose connected with the implementation of this Act.

(2)The Minister may, by Notice published in the Gazette amend the penalties provided in this Act and adjust them accordingly.

42. Repeals and savings

(1)The Forest Act 1978, the Forest Regulations, 1980, and the Forest Fund Regulations, 1983, are repealed.

(2)Notwithstanding such repeal, all Regulations, Notices and Orders made under the Forest Act, 1978, shall, in so far as they are not incompatible with this Act, continue in force as if they had been made under this Act.

(3)All licences issued under the Forest Act, 1978, shall, in so far as they are not incompatible with this Act, continue in force in accordance with their terms.

Schedule

List of existing forest reserves (Section 11 (1))

Maseru District		Leribe District
Reserve	Code	Reserve	Code
Masianokeng West	10019	Pitseng	20016
Masianokeng East	10026	Tale	20023
Khoathela	10033	Khanyane	20030
Pack Saddle Hill	10040	Manganeng	20047
Matsieng	10057	Ha-Makhoa I	20054
Morija South	10064	Ha-Seetsa	20061
Ha-Donki	10071	Mahobong	20078
Ha-Phakalasane	10088	Ha-Mpopo	20085
Mokema	10095	Serupane Plateau	20092
Upper Qeme Ha-’Mantsebo	10105	Ha-Rakolo	20102
Fika-le-Mohala	10112	Ha-Foka	20119
Ha-Khechane	10129	Tsikoane Plateau	20126
Ha-Rasekoai	10136	Koenaneng A	20133
Likotsi	10143	Pontśeng/Mphosong	20140
Tsieng	10150	Kolonyama	20157
Tenane Hill	10167	Ha-Makhoa II	20164
Tree Nursery	10174	Mathokoane	20171
Thaba-Putsoa	10181	Leribe Plateau	20188
Sehloeane	10198	Qokolo	20195
Thaba-Bosiu	10208	Ha-Mofammere	20205
Ha-Khoeli	10215	Ha-'Musi/Peka Bridge	20212
Thupa-Likaka	10222	Tree Nursery	20229
Ha-Ramatekane	10239	Levi's Nek	20236
Machela	10246	Tlhakoli	20243
Ha-Mosotho	10253	Ha-Soibilane	20250
Ntlo-Kholo	10260	Mokhubu	20267
Seeqela II	10277	'Mamanka	20274
Thaba-Khupa	10284	Ha-Leburu	20281
Ha-Motemekoane/Pita	10291	Thaba-Phatśoa	20298
Ha-Lekhutle	10301	Ratsotoane/Ha-Matoli	20308
Boqate Rock	10318	Hleoheng	20315
Mahloenyeng	10325	Rampai's Nek	20322
Maliele	10332	Mohobollo	20339
Ha-Teko	10349	Matlakeng'	20346
Khokhotsaneng	10356	Fobane	20353
Monyakoana	10363	Koenaneng	20360
Khalo-la-Baroa	10370	Ha-Bolofo	20377
Kholokoe	10387	Lenyakoane	20384
Ha-Neo Bereng	10394	Linotsing	20391
Ha-Rankhelepe	10404	Ha-Selai	20401
St. Michael’s - Boinyatso	10411	Fobane Plateau	20418
Ha-Nko	10428	Ha-Tlalinyane	20425
Ha-Luka	10435	Ha-Setśabi	20432
Ha-Simone	10442	Leribe Moreneng	20449
Ha-Letsie	10459	Litlhatsoaneng	20456
Qhuqhu	10466	Ha-Mohapi	20463
Nazareth	10473	Maiseng	20470
Phomolong	10480	'Mate	20487
Ha-Ratau I	10497	Ha-Ramapepe	20494
Ha-Ratau II	10507	Molumong	20504
Ha-Lesia	10514	Ha-'Nena	20511
Lekhoareng	10521	Serupane South	20528
Ha-Mokhele	10538	'Muela	20535
Ha-Rankhelepe II	10545	Kota
Ha-Ntsane	10552	Pela Tsoeu
Qoaling Plateau		Khabo B
Ha Setho		Menkhoaneng
Tjopa		Matjana
Ramotsoane		Mabokeng
Makhetheng		Motsoane
Khoiti Ntle		Khabo A
Lifateng		Tlhakoli B
Ha Ralejoe		Thaba Mashili
Ha Tsea		Nqechane
Motjoka		Sekhutlong
Ha Ntsi		Mahlabatheng
Qhobosheaneng		Tsehlanyane
Molengoane		Makhaketsa
Nqosa		Khololong
Nqheku		Qamo
Lihlohleng		Ramohai
Masechache		Mpharane
Hleoheng		Khojane Makhoaneng
Khoarai		Mojapela
Matobo		Khomo-A-Tsana
Nkoeng		Maoama-mafubelu
Thabana Mashoma		Litaung
Ha Phillipe		Papalala I
Ha Raboletse		Papalala II
Maliphokoane		Kharoai
Khoshane		Qoqolosing
Ha Ramosebo
Ha Mantsa
Thaba Mahobe
Ha Sekoai
Ha Taka
Rothe
Ha Sello
Ha Tholo
Mokhalinyane
Liqoabing
Joala Boholo
Ramokitimi
Ha Mareka
Ramokotjo
Thiba Khoali
Mokunutlung
Lihaseng
Ha Mokuane
Ha Setenane
Mahlelebe
Ha Mothibe
Makoaeleng
Khubetsoana
Masuaneng
Ha Khonyeli
Ha Konyana Tsoana
Ha Popa
Ha Leloko
Ha Mateketa
Ha Mocheko
Ha Moahloli
Ha Tsitso
Ha Lepane
Polateng

Mohale's Hoek District		Berea District
Reserve	Code	Reserve	Code
Ha-Thekiso	30013	Leshoboro Plateau	40010
Tsoloane I	30020	Lovely Rock	40027
Liphiring	30037	Leshoboro South	40034
Majapereng	30044	Ha'Malehi	40041
Ha-Mohiloa	30051	Lekokoaneng	40058
Seaka	30068	Tsereoane	40065
Tree Nursery	30075	Mafotholeng	40072
Thaba-Tsoeu	30082	Majaheng A	40089
Ha-Mokhothu	30099	Majaheng B	40096
Qhalasi	30109	Khoali	40106
Liphiring II	30116	Ha-Hlajoane	40113
Tsoloane II	30123	Thota-Peli	40120
Ha-Mahlehle	30130	Ha-Rakoloi	40137
Ha-Monyake	30147	Tree Nursery	40144
Ha-Daemane	30154	Thabana-tśooana	40151
Ha-Ramonate	30161	Thota-Peli II	40168
Ha-Pii	30178	Mphunyetsana	40175
Maralleng	30185	Ha-Monethi	40182
Phatlalla	30192	Ha-Ntlama	40199
Mpharane Ha-’Mako	30202	Ha-Ntsuba	40209
Sefateng	30219	Ha-Senekane A	40216
Waterfall	30226	Ha-Posholi	40223
Tri-Hoek	30233	Ha-Ncheko	40230
Taung Ha-Moletsane	30240	Ha-Senekane B	40247
Masemouse	30264	Moetsuoa	40254
Ha-Potsane	30271	Ha-Mapeshoane	40261
Ha-Sankatana	30288	Mokhethoaneng Plateau	40278
Ha-Molefi	30295	Tsoili-tsoili	40285
Mesitsaneng	30305	Sekhutlong/'Matholoana	40292
Ha-Folatsane	30312	Ha-Khalitane	40302
Pontśeng	30329	Ha-Bulara
Ha-Bolokoe	30336	Ntśirele
Mahaneng	30343	Thaba-Chele
Ribaneng	30350	Khikine
Makhineng	30367	Ha Nqetho
Ha-Mokhatla	30374	Thuathe
Ha-Masita	30381	Sekhutloana
Liphofung	30398	Ha Thafeng
Letlapeng		Sekantsi
Moletsane		Tsitsa
Potomane		Khabele
Ha-’Mako		Boithatelo
Lithipeng		Thota Mophato
Ha Qacha		Masaleng
Mahlalela		Mohotloane A
		Mohotloane B
		Qopo
		Qalaheng
		Ha Seeiso A
		Ha Seeiso B
		Lekhoareng
		Khohlooa
		Lephoi
		Machabana
		Mosili Polane
		Ha Nchela
		Ntsebe
		Ha Ntsuba
		Phoofolo
		Ntloana Tsoana
		Thaba Sione
		Tebalete
		Tsokung
		Matooane
		Tsepo
		Kolojane
		Mphunyetsane

Butha-Buthe District		Mafeteng District
Reserve	Code	Reserve	Code
Ngoana-oa-lla	50017	Likhoele	60014
Butha-Buthe Plateau	50024	Ha-Likupa	60021
Ha-Thaabe	50031	Qalabane I	60038
Ha-Rasekila	50048	Thaba-Tśoeu	60045
Linokong	50055	Tree Nursery	60052
Manamela	50062	Lifateng	60069
Ha-Mopeli	50079	Ha-Ramokoatsi	60076
Phoku	50086	Boleka I	60083
Malefiloane	50093	Matelile	60090
Makhunoane	50103	Qalabane II	60100
Ha-Sebophe	50110	Ha-Matśaba	60117
Motlake	50127	Litśoeneng	60124
Tree Nursery	50134	Tebang	60131
Qakobane	50141	Kolo	60148
Ha-Benedict	50158	Ha-Ramokoatsi II	60155
Qholaqhoe	50165	Popolosi	60162
Kotsongkoaneng A (North)	50172	Motsekuoa	60179
Kotsongkoaneng B (South)	50189	Maserung	60186
Ha-Zakaria	50196	Ha-Mofoka I	60193
Mafika-lisiu	50206	Ha-Mofoka II	60203
Ha-Toka	50213	Reisi	60210
Motlake B		Ha-Loto	60227
Maloseng A		Ha-Patsa	60234
Maloseng B		Mathebe	60241
Sechele		Boleka II	60258
Linakeng		Mohlakeng	60265
Tsime A		Likokong	60272
Tsime B		Ha-Leboto	60289
Liqalaneng		Ha-Ramarothole	60296
Teetete		Mafeteng Mountain	60303
Lebesa		Qaba Nursery
'Makuni		Manyareleng
Matsoaing		Ha Makhakhe
Mapape		Malumeng
Malefane		Bongalla
Sekhutlong		Mokhothu
Tiping		Methinyeng
Boiketsiso		Tajane
Seapi		Ramatśeliso
Mohomeng		Rannakoe
Mafusing		Malea-lea
Solane		Tebelo
Moteng		Sehlabo
		Manchoko
		Makoanyane I
		Paki I

Quthing District		Thaba-Tseka District
Reserve	Code	Reserve	Code
Alwyn’s Kop	70011	Thaba-Tseka Camp	80018
Thaba-Ntśo	70028	Ha-Rantśemane	80025
Tree Nursery	70035	Ha-Sephoko	80032
Phahameng	70042	Pontśeng	80049
Paballong	70059	Ha-Bereng	80056
Ha-Mosuoe	70066	Kolbere	80063
Pokane Ha-Kabi	70073	Ha-Soai	80070
Qomoqomong I	70080	Ha-Ramalapi	80087
Basieeng	70097	Ha-Leoka	80094
Cutting Camp	70107	Mantsonyane	80104
Ha-Damanyane	70114	Ha-Nakeli	80111
Ha-Makoloane	70121	Mohlanapeng Ha-Tśiu	80128
Alwyn’s Kop II	70138	Mohlanapeng Ha-Lethula	80135
Mjanyane	70145	Litsoetse	50142
Qomoqomong II	70152	Tree Nursery	80159
Caswell		Ha Laka
Motole		Ha Makunyapane
Thabaneng		Moketane
Mjanyane		Litsoetse
Nkomozabantu		Ha Ntsokane
Hlalele
Thaba Ntso II
Makoloane
Setoko
Ha Kompi
Masuanyane
Seqhobong
Ha Kabi
Potomane
Ha Ralinku
Pontśeng
Taoa
Moko
Motulong
Motsieloa
Lieseleng
Lekete
Mokhoabong
Likoaeng
Moshati
Khubetsoana
Waterfall
Lekhoesa
Malephane I
Malephane II
Letseng
Maralleng
Koali
Sekhutlong
Mofuro I
Mofuro II
Qomoqomong II
Basieeng II
Lebelonyane
Jobo
Lekoele
Mohale
Mokekeng
Auplas
Mahlachaneng
Patereisi
Mphaki
Qhoali
Makhalong
Mohlakoana I
Mohlakoana II
Ha Tlhaku
Ntsie
Limapa
Rampeo I
Rampeo II
Sekhutloaneng
Majakaneng
Shakhane
Kubung
Mapiletso
Sekhalabateng

Mokhotlong District		Qacha's Nek District
Reserve	Code	Reserve	Code
Phahameng		Mosaqane I
Motsitseng		Mosaqane II
Seboka		Hlapatamine
Ha Lechesa		Liqalaneng
Khatleli		Manteko
Ha Ntone		Mohlapiso
Senkoase		White Hill
Masuoaneng		Ha Sekake
Paneng		Ha Nkoko
Malubalube		Sekhalabateng
Mapholaneng		Ha Paki
Sefate		Maboloka
Matsoapong		Ha Tsepiso
		Ha Mosuoe
		Aupulase
		Rankakala
		Ha Makoae
		Ramatśeliso
		Mpharane
		Pampung
		Moshebi
		Hill Top
		Waterfall

[NB. Forest Reserves that do not bear any code were in the process of being gazetted at the time of compiling the above list.]

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History of this document

31 December 1998 this version

Published in Government Gazette number None

Cited documents 0

Documents citing this one 1

Ntsu Nts'onyane v Motlatsi Thejane and Others (LC/APN 2013) [2017] LSHC 11 (17 March 2017)