National Forestry and Tree Planting Act, 2003

Section Short title and commencement Section This Act may be cited as the National Forestry and Tree Planting Act, 2003. This Act shall come into force on the date it is published in the Gazette .

Section Purposes of the Act Section The purposes of this Act are— to create an integrated forest sector that will facilitate the achievement of sustainable increases in economic, social and environmental benefits from forests and trees by all the people of Uganda; to guide and cause the people of Uganda to plant trees; to ensure that forests and trees are conserved and managed in a manner that meets the needs of the present generation without compromising the rights of future generations by safeguarding forest biological diversity and the environmental benefits that accrue from forests and trees; to promote the improvement of livelihoods through strategies and actions that contribute to poverty eradication; to encourage public participation in the management and conservation of forests and trees; to facilitate greater public awareness of the cultural, economic and social benefits of conserving and increasing sustainable forest cover; to promote the decentralisation and devolution of functions, powers and services within the forest sector; and to ensure that environmental benefits, costs and values are reflected in strategies and activities relating to forestry .

Section Interpretation Section In this Act, unless the context otherwise requires— " authorised person ” means a forestry officer, an Honorary Forestry Officer , a Wildlife Protection Officer, police officer, or other person designated by the Minister under section 51 to be an authorised person for the purposes of this Act; “ Authority ” means the National Forestry Authority established by section 52 ; “ Board ” means the Board of Directors of the Authority established by section 55 ; “ central forest reserve ” means an area declared to be a central forest reserve under section 6 ; “ collaborative forest management ” means a mutually beneficial arrangement in which a forest user group and a responsible body share roles, responsibilities and benefits in a forest reserve or part of it; “ community forest ” means an area declared to be a community forest under section 17 ; “ currency point " means the value assigned to a currency point in the First Schedule; “ endangered species ” means a tree species in danger of extinction and which is unlikely to survive if detrimental or adverse factors prevail, or if remedial action is not taken immediately; “ environmental impact assessment ” me...

Section Procedure for declaring a local forest reserve Section The Minister shall, before making an order under section 9 — The Minister shall, in a notice issued under subsection (1)(a)— give simultaneous notice of the proposed declaration in the Gazette , in an appropriate print media, and in any other media that is likely to draw the matter to the attention of all interested persons; consult with the local community through public meetings and other means that will offer the local community an effective opportunity to express their views concerning the declaration of the forest reserve ; ensure that an environmental impact assessment is carried out; and where the land on which the proposed forest reserve is to be situated is private land or land in which any person has an interest, acquire the land in accordance with the Constitution, the Land Acquisition Act 1965 and the Land Act 1998. identify the location of the land on which the proposed local forest reserve is to be situated, and the approximate area of the land; include a summary of the proposed management plan for the forest reserve ; and invite written comments and representations on the proposed declaration to be made w...

Section Amendment of order declaring local forest reserve Section Where an amendment to an order declaring a local forest reserve will result— An order declaring a local forest reserve shall be revoked only where— The Minister shall, before amending an order declaring a local forest reserve , comply with the procedure for declaring a local forest reserve prescribed by section 10 . in the reduction of part of the local forest reserve , an area at least equivalent in size to the reduction shall be simultaneously declared a local forest reserve ; or in the removal of the whole forest reserve , an area at least equivalent in size to the abolished reserve shall be simultaneously declared a local forest reserve . Before a new area is declared a local forest reserve in terms of subsection (2), the environmental impact assessment must find the area to be of equivalent or greater environmental value. soil, slope, or other watershed conditions will not be irreversibly damaged; an environmental impact assessment carried out in respect of the proposed new land use of the area finds, that the same area can be adequately reforested within five years after harvest or clearance of the land, should...

Section Transfer of management of local forest reserve to the Authority Section Where the Minister is satisfied that— The Minister may, on the application of the local government , revoke an order made under subsection (1)— a local government has failed to manage, maintain and control a forest reserve as required by section 13 (3); a local government has failed to implement the management plan for the local forest reserve ; or it is necessary for the proper protection, control and management of a local forest reserve , The Minister shall, before making an order under subsection (1), give notice in writing to the local government of his or her intention to make the order and may give a period of not less than ninety days to the local government , within which the council shall take remedial measures or make representations as to why responsibility for the local forest reserve should not be removed from it. if he or she is satisfied that the forest reserve has been restored to an acceptable standard; and the local government has given an undertaking in writing, to the satisfaction of the Minister , to manage the local forest reserve in accordance with generally accepted principles of...

Section Management of forest reserves Section A responsible body shall manage, maintain and control the forest reserve in accordance with generally accepted principles of forest management as may be prescribed in guidelines issued by the Minister , including but not limited to the following— forests shall be developed and managed so as to— A forest reserve shall be managed in a manner consistent with the purpose for which it is declared. For the avoidance of doubt, a forest reserve shall not be put under any use other than in accordance with the management plan . natural forests shall not be destroyed, damaged or disturbed except in the course of carrying out activities for the sustainable management of the forest reserve ; conserve biological diversity, ecosystems and habitats; sustain the potential yield of their economic, social, health and environmental benefits; promote the fair distribution of their economic, social, health and environmental benefits; promote their health and vitality; conserve natural resources, especially soil, air and water quality; and conserve natural heritage and promote aesthetic, cultural and spiritual values.

Section Prohibited activities in forest reserves Section No person shall, in a forest reserve , cut, disturb, damage, burn or destroy any forest produce , or remove or receive any forest produce except— in accordance with regulations or guidelines made for the proper management of the forest reserve ; in the course of the management of the forest reserve by the responsible body ; in terms of the exercise of a right or interest in the forest reserve ; or in accordance with a licence issued under this Act. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding five years, or both.

Section Collaborative forest management Section A responsible body may enter into a collaborative forest management arrangement with a forest user group for the purpose of managing a central or local forest reserve or part of it in accordance with regulations or guidelines issued by the Minister .

Section Reclassification of forest reserves Section Where the Minister allows a request under subsection (1), he or she shall cause the reclassification of the forest reserve to be made— A local community , a local council in the area in which a local forest reserve is situated or an interested person may, at any time in writing, request the Minister to review the status of a central forest reserve or local forest reserve with the object of seeking its reclassification as a local forest reserve or a central forest reserve respectively. The Minister shall respond in writing to a request made under subsection (1), refusing or allowing the request, within one hundred and eighty days after receipt of the request. Where the Minister refuses a request made under subsection (1), he or she shall give reasons in writing for the refusal. where a local forest reserve is to be reclassified as a central forest reserve , in accordance with section 6 ; and where a central forest reserve is to be reclassified as a local forest reserve , in accordance with section 9 .

Section Declaration of community forest Section The Minister may— after consultation with the District Land Board and the local community ; and upon approval by resolution of the District Council, The Minister shall, in every order declaring a community forest under this section, specify a responsible body for the community forest , and with effect from the commencement of the order or from a date specified in the order, the management, maintenance and control of the community forest shall be the responsibility of that body. An order made under subsection (1) shall be published by posting outside the office or other meeting place of the local government , a notice specifying the situation, duly surveyed extent and limits of the community forest . An area declared for use as a community forest under this section shall not be used for any other purposes without the approval by resolution of the District Council and written consent of the Minister .

Section Amendment of order declaring a community forest Section The District Council shall, in amending an order declaring a community forest , comply with the procedure for declaring a community forest under section 17 .

Section Management of community forest Section Any revenue derived from the management of a community forest by the responsible body shall belong to and form part of the accountable funds of the responsible body and shall be devoted to the sustainable management of the community forest and the welfare of the local community . A local government may make bye-laws in accordance with the Local Governments Act 1997, applicable to any community forest in respect of any matter that the local government may deem necessary in accordance with this Act.

Section Transfer of management of community forest to local government Section The Minister may, on the application of the responsible body , revoke an order made under subsection (1), if— Where, in the opinion of the Minister , it is expedient for ensuring the proper protection, control and management of a community forest , the Minister may, by statutory order, transfer the responsibility for the protection, control and management of the forest to a local government , and immediately, the local government shall exercise all the powers of the responsible body over the community forest . he or she is satisfied that the community forest has been adequately rehabilitated; and the responsible body has given an undertaking, in writing, to the satisfaction of the Minister , to manage the forest in accordance with generally accepted principles of forest management .

Section Private natural forests Section A person may register with the District Land Board , a natural forest situated on land owned in accordance with the Land Act 1998, or a forest or land in respect of which a licence is granted in accordance with this Act. All forest produce in a natural forest registered under subsection (1) belongs to the owner of the forest and may be used in any manner that the owner may determine, except that forest produce shall be harvested in accordance with the management plan and regulations made under this Act. A District Forest Officer may issue directions to the owner of a plantation forest whether registered under subsection (1) or not, requiring the owner to manage the forest in a professional and sustainable manner.

Section Private forest plantations Section A person may register with the District Land Board , a plantation forest situated on land owned in accordance with the Land Act 1998, or a forest or land in respect of which a licence is granted in accordance with this Act. All forest produce in a plantation forest registered under subsection (1) belongs to the owner of the plantation and may be used in any manner that the owner may determine, except that forest produce shall be harvested in accordance with the management plan and regulations made under this Act. A District Forest Officer may issue directions to the owner of a plantation forest registered under subsection (1), requiring the owner to manage the forest in a professional and sustainable manner.

Section Contractual or other arrangements Section Any person may enter into a contractual or other arrangement with the owner or holder of an interest in a private forest , for the right to harvest, purchase, or sell or arrange for the management, harvesting, purchase, or sale of all or any part of the forest produce in the private forest . Where the owner or holder of an interest in a private forest has entered into a contract under subsection (1), the contract may be registered against the title of that owner or occupier of the land to which the contract relates in accordance with the Registration of Titles Act and the Land Act 1998. Where land has not been alienated, or where no certificate of title to ownership of land has been issued, the District Land Board shall register the contract as a separate folio on the Register Book.

Section Register of rights and interests Section The District Land Board shall maintain a register in which all rights and interests of any nature in respect of private forests shall be kept, including— the nature of the right or interest; the manner in which it came into existence; the name of the holder or beneficiary of the right or interest; and any other information as may be prescribed .

Section Forests owned or managed by cultural or traditional institutions Section Subject to article 246 of the Constitution, a traditional or cultural institution or leader may hold, own or manage a forest , subject to such directions as the Minister may prescribe.

Section Assistance in forestry management Section Assistance under subsection (1) may include— The Minister , the Authority or a local government may provide technical services to local communities, organisations, cultural or traditional institutions and other persons involved in the development of community forests and private forests and forestry activities in general, and may charge fees for those services. providing information, training and advice on the management of forests; the establishment and maintenance of nurseries and other facilities necessary for seeds and plants; material or financial assistance; the collection and dissemination of information, the provision of technical guidance and promotion of public awareness about forestry and the conservation and utilisation of forestry resources; the promotion of seed production, agro- forestry and tree growing, and in particular, the growing of fruit species; assisting local councils in the conservation and management of local forest reserves; promoting the conservation of forest biological, diversity and the ecosystem; and co-operating and liaising with other lead agencies in the management of forests and forest produce .

Section Ownership of trees on private land Section For the avoidance of doubt, Government or a local government has no ownership over trees or forest produce situated on private land. A District Forest Officer may issue directions to the owner of trees or forest produce situated on private land, requiring the owner to manage the trees or forest produce in a professional and sustainable manner.

Section Management plan Section A management plan shall— A responsible body shall prepare a management plan and, in the case of a forest reserve or community forest , the plan shall be prepared in consultation with the local community . contain a description of all matters relating to the forest , the forest produce and the use currently being made of the forest produce ; state the type of activities to be carried out in the forest ; state the management objectives of the forest ; state the measures to be taken for the sustainable management of the forest , and, except in the case of a private forest , the involvement of local communities in the management of the resources; state the resources likely to be available to enable the management plan to be executed; and contain any other information as the Minister may prescribe. A management plan shall be approved by the Minister or by a person designated by the Minister for that purpose. A management plan made under this section is binding on all persons having dealings with or interests in the forest . A management plan shall be disseminated to the local community . A management plan shall be revised every five years, or within such...

Section Classification of forests Section Forests in Uganda are classified as— central forest reserves; local forest reserves; community forests; private forests; and forests forming part of a wildlife conservation area declared under the Uganda Wildlife Statute, 1996.

Section Responsibility for forest reserves Section In furtherance of the trust obligations under subsection (1), and in furtherance of the right to a clean and healthy environment, any person or responsible body may bring an action against a person— The Government or a local government shall hold in trust for the people and protect forest reserves for ecological, forestry and tourism purposes for the common good of the citizens of Uganda. whose actions or omissions have had or are likely to have a significant impact on a forest ; or for the protection of a forest .

Section Declaration of central forest reserve Section The Minister may, on the advice of the Board — The Minister , in making a statutory order under subsection (1), shall declare a central forest reserve to be, in whole or in part— a site of special scientific interest for the purpose of— a strict nature reserve for the purpose of— after consultation with the local council and the local community in whose area the proposed forest reserve is to be located; and with the approval of Parliament signified by its resolution, protecting nature and scenic areas of national or international importance; enhancing biological genetic resources in an undisturbed, dynamic and evolutionary state; maintaining animal and plant indicator species; or preserving rare, endangered or vulnerable species , or high biological diversity; protecting streams, rivers, lakes, lakeshores, riverbanks or wetlands; soil, slope and environment protection; or protecting the ecosystem; a joint management forest reserve ; a recreation forest for purposes of eco-tourism; or any other area, for a purpose prescribed in the order.

Section Procedure for declaring a central forest reserve Section The Minister shall, before making an order under section 6 — The Minister shall, in a notice issued under subsection (1)(a)— give simultaneous notice of the proposed declaration in the Gazette , in an appropriate print media, and in any other media that is likely to draw the matter to the attention of all interested persons; consult with the local community through public meetings and other means that will offer the local community an effective opportunity to express their views concerning the declaration of the reserve; ensure that an environmental impact assessment is carried out; and where the land on which the proposed forest reserve is to be situated is private land or land in which any person has an interest, acquire the land in accordance with the constitution, the Land Acquisition Act 1965 and the Land Act 1998. identify the location of the land on which the proposed central forest reserve is to be situated, and the approxrimate area of the land; include a summary of the proposed management plan for the forest reserve ; and invite written comments and representations on the proposed declaration to be made with...

Section Amendment of order declaring central forest reserve Section Where an amendment to an order declaring a central reserve forest reserve will result— An order declaring a central forest reserve , shall be revoked only where— The Minister shall, before amending an order declaring a central forest reserve , comply with the procedure for declaring a central forest reserve prescribed by section 7 . in the reduction of part of the central forest reserve , an area at least equivalent in size to the reduction shall be simultaneously declared a central forest reserve ; or in the removal of the whole forest reserve , an area at least equivalent in size to the abolished reserve shall be simultaneously declared a central forest reserve . Before a new area is declared a central forest reserve in terms of subsection (2), the environmental impact assessment must find the area to be of equivalent or greater environmental value. soil, slope, or other watershed conditions in the area will not be irreversibly damaged; an environmental impact assessment carried out in respect of the proposed new land use of the area, finds that the same area can be adequately reforested within five years after h...

Section Declaration of local forest reserve Section The Minister may— The Minister , in making a statutory order under subsection (1), shall declare a local forest reserve to be, in whole or in part— a site of special scientific interest for the purpose of— a strict nature reserve for the purpose of— at the request of the local council in whose area the proposed reserve is to be situated; and with the approval of Parliament signified by its resolution, protecting nature and scenic areas of national or international importance; enhancing biological genetic resources in an undisturbed, dynamic and evolutionary state; maintaining animal and plant indicator species; or preserving rare, endangered or vulnerable species or high biological diversity; protecting streams, rivers, lakes, lakeshores, riverbanks or wetlands; soil, slope or environment protection; or protecting the ecosystem; a joint management forest reserve ; a recreation forest for purposes of eco-tourism; or any other area, for a purpose as may be prescribed in the order. The Minister shall, in every order declaring a local forest reserve under this section, specify a local government as a responsible body for the forest re...

Section Sovereignty over forest biological resources Section All forest biological resources and their derivatives, whether naturally occurring or naturalised within a forest , shall be conserved and managed for the benefit of the people of Uganda in accordance with this Act and any other law relating to biological resources. The transfer of any forest biological resources and their derivatives from the territorial jurisdiction of Uganda shall not diminish or extinguish the sovereignty of Uganda over those resources. The Minister is the lead agency for regulating access to forest genetic resources and shall, for that purpose, collaborate with other lead agencies in accordance with this Act, other laws, conventions and protocols relating to the management or control of biological resources, including cross-border bio-diversity.

Section Reserved species Section The Minister shall, before making an order under this section— The Minister may, in the case of a tree species of international or national importance that is endangered, rare or threatened, declare, by statutory order, that tree species to be a reserved species which shall be subject to such controls as the Minister may specify in the order. A District Council may, in the case of a tree species of local importance that is endangered, rare or threatened, declare, by statutory order, that tree species to be a reserved species which shall be subject to such controls as the District Council may specify in the order. assess, make and publish a report on the socio-economic and ecological impacts of the proposed declaration; ensure that the declaration is based on the results of an assessment relating to species status and the state of the forest ecosystem ; and take into account the views and representations of the affected local community . The absence of sufficient scientific evidence shall not be used by the Minister or District Council as a reason for refusing to declare a species as a reserved species for the purposes of this section.

Section Protected trees Section A declaration under subsection (1) shall be for the purpose of— The Minister or a District Council shall, before making an order under this section— Any person who, without the written consent of the Minister or the respective District Council— The Minister or a District Council may, by statutory order, in respect of private land declare a particular tree , or group of trees on that land to be a protected tree or trees subject to such controls as the Minister may specify in the order. preserving scenic beauty or attraction; conserving a distinctive specimen of any tree species; preventing soil erosion; conservation of biological diversity or species diversity; or conservation, protection and development of natural resources. assess, make and publish a report on the socio-economic and ecological impacts of the proposed declaration; ensure that the declaration is based on the results of an assessment relating to species status and the state of the particular tree or group of trees; and lake into account the views of the affected communities. cuts, damages, destroys, disturbs or removes any protected tree ; or collects, removes, transports, exports, pur...

Section Prohibited activities Section No person shall, except, for forestry purposes and in accordance with a management plan , or in accordance with a licence granted under this Act, in a forest reserve or community forest — clear, use or occupy any land for— cut, take, work or remove forest produce ; grazing; camping; livestock farming; planting or cultivation of crops; erecting of a building or enclosure; or recreational, commercial, residential, industrial or hunting purposes; collect biotic and abiotic specimens; or construct or re-open a road, track, bridge, airstrip, or landing site. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment for a term not exceeding three years, or both.

Section Domestic use of forest produce Section Subject to the management plan , a member of a local community may, in a forest reserve or community forest , cut and take free of any fee or charge, for personal domestic use in reasonable quantities, any dry wood or bamboo. For the avoidance of doubt, no person may, in a strict nature reserve or a site of special scientific interest cut or take dry wood or bamboo or other forest produce .

Section Prevention of damage Section A person cutting, working, harvesting, removing or taking forest produce from a forest reserve shall take all care and necessary precautions to prevent damage to other forest produce or to the environment. Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding, ten currency points or to imprisonment for a term not exceeding two years, or both.

Section Precaution against fire Section No person shall light or cause to be lit a fire in a forest , except in a place established for that purpose, or as otherwise permitted by an authorised person . A person who contravenes subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding seven years. An authorised person may burn or authorise any person to burn such fire-lines or grass or other inflammable material as may, in his or her opinion, be necessary for the control of fire or for the better protection or management of any part of a forest .

Section Pests and diseases Section The Minister , the Authority or a District Council shall, in the media, notify the public of the existence of plant and livestock pests or diseases dangerous to forests or forest produce and prescribe the measures to be taken to control or eradicate those pests and diseases.

Section Inventory of forests Section An inventory made under subsection (1) shall— The Minister shall, in consultation with the lead agencies, make an inventory of all forests in Uganda. state the total area of forces and other areas used for forestry; state the type and quantity of forest resources in the forests and other areas used for forestry; make recommendations for areas that require forest cover through afforestation and reforestation; and state any other matter as the Minister may prescribe.

Section Environmental impact assessment Section A person intending to undertake a project or activity which may, or is likely to have a significant impact on a forest shall undertake an environmental impact assessment .

Section Tree planting and growing Section Directions issued under subsection (1) may provide for— The Minister or a District Council shall issue directions for the planting and growing of trees. the area to which the directions apply; the persons, or classes of persons, to undertake the tree planting; the frequency of tree planting; the specifications of the tree planting to be undertaken; the days on which tree planting is mandatory; and any other matter relating to tree planting.

Section Tree Fund Section The monies of the Fund shall consist of— The Fund shall be used— There is established a Tree Fund . The Fund shall be managed by a body appointed by the Minister . monies appropriated by Parliament; loans obtained by Government; grants, gifts and donations; any monies required to be paid into the Fund ; and monies from any other source approved by the Minister in writing, in consultation with the Minister responsible for finance. to promote tree planting and growing at national and local level; and to support tree planting and growing efforts of a non-commercial nature which are of benefit to the public. The administrative costs of managing the Fund shall be charged to the Fund . The Minister shall direct the managing body of the Fund to maintain accounts which shall be audited annually by the Auditor General. The managing body of the Fund shall submit to the Minister , once in every six months, a report on the operations of the Fund , giving such information on the affairs of the Fund as the Minister shall specify in writing. The Minister shall submit an annual report to Parliament on the performance of the Fund .

Section General offences Section Any person who— contravenes any of the terms or conditions of a licence granted under this Act; without due authority, alters, moves, destroys or defaces any boundary mark of a forest ; fails to sustainably manage, maintain and control a forest in accordance with this Act; fails to comply with a management plan ; fails or neglects to plant trees in accordance with this Act; or fails to comply with the order of an authorised person ,

Section Counterfeiting and similar offences Section Any person who— counterfeits or issues without due authority, any licence ; is found in possession of a licence which is fraudulently issued; submits false information in an application for a licence under this Act; counterfeits, alters, obliterates or defaces any stamp, mark, sign or licence issued under this Act; knowingly receives or keeps in his or her possession any forest produce which is fraudulently marked or which has been cut or removed in contravention of this Act; counterfeits or fraudulently uses on any forest produce , a mark used by an authorised person ; or transports, deals in or stores timber with counterfeit marks;

Section Penalties Section A person convicted of an offence under this Act for which no penalty is provided is liable— in the case of a first offence, to a fine not exceeding thirty currency points or imprisonment for a term not exceeding three years or both; and in the case of a second or subsequent offence, to a fine not exceeding forty currency points or imprisonment for a term not exceeding five years or both.

Section Power of court to confiscate and order forfeiture Section The court by which a person is convicted of an offence under this Act may order the forfeiture of— Any forest produce forfeited under subsection (1) shall, unless otherwise ordered by the court, be sold or otherwise disposed of— any forest produce in respect of which the offence was committed or which was found in that person’s possession; or any vehicle, machinery, weapon or other thing which was used to commit the offence or which was capable of being used to take forest produce found in his or her possession. as the responsible body may direct; or where the responsible body has been convicted of the offence, sold or otherwise disposed of as the Minister directs.

Section Power of court to order compensation Section A person who is convicted of an offence against this Act may be held liable for any loss or damage caused by the offence and may be ordered by the court to pay— to the State, in addition to any penalty imposed the court for the offence, an amount of compensation for that loss or damage up to five times the value of the produce; or up to ten times the amount of any fees, royalties or other payments which, had the act constituting the offence been authorised, would have been payable in respect of the authorised act.

Section Cancellation of licences etc. Section The court may, on convicting a person granted a licence under this Act of an offence against this Act— order that the licence be cancelled; or disqualify that person from obtaining a licence for a period as the court thinks fit.

Section Further powers of court Section A court, on convicting any person— of clearing, using or occupying land in a forest reserve shall, in addition to any other penalty it may impose, order that person, within a time to be specified in the order— for an offence against this Act, may order that person, within a time specified in the order, to do any act the person had failed, refused or neglected to do; to vacate the land; to restore the land to its original state; or to remove from the land any livestock , buildings or enclosures which he or she may have erected, and any crops which he or she may have planted on that land.

Section Powers of authorised person Section An authorised person may arrest, without warrant, any person whom he or she reasonably suspects has committed, or is in the process of committing an offence under this Act. Where an authorised person suspects that any person is in possession of any forest produce unlawfully obtained, he or she may search that person or any baggage, package, parcel, conveyance, vehicle, tent or building under the control of that person. An authorised person may seize and detain any forest produce , livestock , tools, boats, conveyance, machinery, or other implements, which he or she reasonably suspects, are liable to be forfeited under this Act. Where the officer acting under subsection (3) is of the opinion that the item seized is subject to speedy and natural decay or will entail avoidable expenses on the part of Government, he or she may sell it, and the proceeds of that sale shall be treated in the same manner as the seized item would have been treated if there had been no sale. No action shall be brought against an authorised person or a person acting under his or her direction in respect of any deterioration in quality or value of any forest produce...

Section Obstruction of authorised person Section A person who obstructs an authorised person in the execution of his or her duties under this Act commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points, or to imprisonment for a term not exceeding three years, or both.

Section Penalties under statutory orders Section A statutory order made under this Act may prescribe in respect of a contravention of the statutory order, that the offender is liable to a fine not exceeding forty currency points or imprisonment for a term not exceeding five years, or both, and in the case of a continuing offence, to an additional fine not exceeding two currency points in respect of each day or part of day on which the offence continues.