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Forest Act [Cap 150]

Repealed by Forest Decree 1992

LAWS OF FIJI

[Ed. 1978]

CHAPTER 150

FOREST

ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Interpretation.
3. Conservator of Forests.
4. Advisory board.
5. Forestry Committees.
6. Power to constitute reserved forest.
7. Power to constitute nature reserve and sylvicultural area.
8. Protected forest and sylvicultural areas therein.
9. Acquisition of rights in forest.
10. Special provisions relating to protected forest.
11. Acquisition of alienated land for inclusion in a reserved forest.
12. Offences.
13. Counterfeiting or unlawfully fixing marks, etc.
14. Onus of proof.
15. Penalties.
16. Compensation.
17. Buildings, etc., on reserved forest.
18. Confiscation of property used in commission of forest offence.
19. Compounding of offences.
20. Search, arrest, etc.
21. Power to take possession of property the subject of or used in the commission of an offence where offender unknown.
22. Sale of perishable property seized.
23. Appeal against act under section 20.
24. Vesting in Crown of seized property.
25. Native owners to receive certain royalties and licence fees.
26. Fees and royalties to be a charge on forest produce.
27. Unclaimed timber.
28. Forest produce not removed by licensee to vest in Crown or in owner of native land.
29. Licensee to remain liable for royalty and fees.
30. Power to shoot livestock habitually trespassing.
31. Expenses of seizure to be paid by owner of livestock.
32. Non-liability of forest officer.
33. Licences
34. Minister may invest forest officer.
35. Regulations.
36. Saving of customary native rights.
37. Saving of mining rights.

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Ordinances Nos. 17 of 1953, 8 of 1954, 45 of 1961, 23 of 1964, 7 of 1966, 37 of 1966, 28 of 1969, Orders 10th July 1970, 7th October 1970, Act No. 14 of 1975.

AN ACT RELATING TO FOREST AND FOREST PRODUCE

[1st October, 1953]

Short title

1. This Act may be cited as the Forest Act.

Interpretation

2. In this Act, unless the context otherwise requires -

"alienated land" means land the subject of sale, lease, grant, transfer or exchange but does not include -

(a) land of which the freehold or grantee's interest is held by the Crown and which is not the subject of a lease granted by the Crown;

(b) land leased to the Crown and not the subject of a sub-lease granted by the Crown; (Substituted by 8 of 1954, s. 2.)

"Assistant Conservator" means an Assistant Conservator of Forests and includes a Senior Assistant Conservator of Forests; (Inserted by 7 of 1966, s. 16.)

"Board" means the Forestry Board constituted under this Act;

"livestock" includes asses, bulls, cows, geldings, goats, horses, stallions, mares, mules, oxen, pigs, sheep and steers and the young thereof;

"Conservator" means the person for the time being performing the duties of the Conservator of Forests and includes the Deputy Conservator of Forests; (Amended by 7 of 1966, s. 16.)

"forest offence" means an offence punishable under this Act or under any regulations made thereunder;

"forest produce" means -

(a) the following whether found in or brought from a reserved forest, Crown land or any other land, that is to say - timber, firewood, charcoal, gum, wood-oil or bark;

(b) the following when found in or brought from a reserved forest or Crown land, that is to say -

(i) trees and all parts or produce of trees;

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

(c) the following when found in or brought from a reserved forest, that is to say-peat, rock, sea-sand, river-sand, sea-shells, shell-sand and surface soil other than minerals as defined in the Mining Act;

(Cap. 146)

but does not include any area to which such declaration applies, and while such declaration applies, any plant (as defined in the Noxious Weeds, Pests and Diseases of Plants Act) declared to be a noxious weed under the provisions of that Act;

(Cap. 156)

"native land" means land which is neither Crown land nor the subject of a Crown or native grant but includes land granted to a mataqali under section 18 of the Native Land Trust Act;

(Cap. 134)

"nature reserve" means any part of a reserved forest for the time being declared to be a nature reserve under this Act;

"protected forest" means any area for the time being declared to be a protected forest under this Act;

"reserved forest" means any area for the time being declared to be a reserved forest under this Act;

"river" includes streams, canals, creeks and other channels natural or artificial;

"sylvicultural area" means any part of a reserved forest or protected forest for the time being declared to be a sylvicultural area under this Act;

"timber" means any tree which has been felled or has fallen, and the part of any tree which has been cut off or fallen, and all wood whether sawn, split, hewn or hollowed out or otherwise fashioned;

"trees" include trees, shrubs and bushes of all kinds, seedlings, saplings and re-shoots of all ages, climbers and creepers and any part of the tree.

Conservator of Forests

3. The Conservator of Forests shall be directly responsible to the Minister for the administration of the reserved forests of Fiji and shall have general superintendence of all matters prescribed by the provisions of this Act. (Substituted by Order 10th July, 1970.)

Advisory board

4. -(1) There shall be an advisory board, to be called the Forestry Board, for the purpose of advising the Minister on matters relating to forestry policy.

(2) The Board shall consist of -

(a) the Conservator who shall be chairman;

(b) six other members appointed by the Minister of whom -

(i) one shall be a person appointed on the recommendation of the Native Land Trust Board to represent the Native Land Trust Board;

(ii) not less than four shall be persons not holding any office of emolument under the Crown;

(iii) at least one shall be a Fijian as defined in the Fijian Affairs Act.

(Cap. 120.)

(3) A member appointed by the Minister shall hold office for two years from the date of his appointment and may be reappointed:

Provided that any such member may at any time by writing under his hand addressed to the Minister resign his appointment.

(4) If a member is prevented, from illness, absence from Fiji or other cause, from exercising his functions on the Board, the Minister may appoint any person to act as deputy for such member during his inability:

Provided that a person holding an office of emolument under the Crown shall not be appointed to act as deputy to any member who is not a person holding such an office.

(5) The Board may make rules governing its own procedure.

Forestry Committees

5. -(1) The Minister* may by notice in the Gazette for the area defined in such notice appoint Forestry Committees.

(2) The functions of a Forestry Committee shall be to advise the Forestry Board on matters relating to forestry in the area for which the Committee is appointed.

* Delegated to Conservator by notification 11th November, 1965

Power to constitute reserved forest

6. -(1) The Minister may from time to time by order declare any of the following classes of land to be a reserved forest:-

(a) unalienated Crown land;

(b) land leased to the Crown,

and may in like manner declare that any reserved forest or part thereof shall cease to be a reserved forest: (Substituted by 23 of 1964, s. 2.)

Provided that any reserved forest validly declared as such under the provisions of any former enactment relating to the declaration of reserved forests and in force immediately prior to the coming into operation of this subsection shall be deemed to have been declared under the provisions of this subsection. (Inserted by 37 of 1966, s. 49.)

(2) Land leased to the Crown which has been declared to be reserved forest shall, on ceasing to be so leased cease to be reserved forest.

Power to constitute nature reserve and sylvicutural area

7. -(1) The Minister may from time to time by order declare the whole or any part of a reserved forest, not being a sylvicultural area, to be a nature reserve and may in like manner declare that any nature reserve or part thereof shall cease to be a nature reserve.

(2) The Minister may from time to time by order declare the whole or any part of a reserved forest, not being a nature reserve, to be a sylvicultural area and may in like manner declare that any sylvicultural area or part thereof shall cease to be a sylvicultural area.

(3) Land declared to be a nature reserve or sylvicultural area shall not thereby cease to be or to form part of a reserved forest.

Protected forest and sylvicultural areas therein

8. -(1) The Minister may, with the consent of the Native Land Trust Board, from time to time by order declare any native land, not being reserved forest or alienated land, to be a protected forest and may in like manner declare that any protected forest or part thereof shall cease to be protected forest.

(2) The Minister may, with the consent of the Native Land Trust Board, from time to time by order declare the whole or any part of a protected forest to be a sylvicultural area and may in like manner declare that any such sylvicultural area or part thereof shall cease to be a sylvicultural area.

Acquisition of rights in forest

9. -(1) Subject to the other provisions of this Act no right in any reserved forest or in any sylvicultural area shall be acquired except under a grant or contract in writing made by the Conservator or, in the case of a mining tenement, by the Director of Mines with the consent of the Conservator.

(2) Any grant or contract made by the Conservator under the provisions of subsection (1) which relates to native land and which either -

(a) makes no provision for royalty; or

(b) makes provision for any royalty at a rate less than that prescribed at the time of making such grant or contract,

shall not have effect unless it has received the prior approval in writing of the Native Land Trust Board.

(3) The powers of the Conservator under this section shall be exercised subject to such directions as the Minister may deem fit to give him.

Special provisions relating to protected forest

10. -(1) The Native Land Trust Board shall not, without the prior consent in writing of the Conservator, alienate (whether by sale, transfer or lease or in any other manner whatsoever) any land in a protected forest and any alienation effected without such consent shall be null and void.

(2) Where any land in a protected forest is lawfully alienated, such land shall cease to form part of the protected forest.

(3) Nothing in this section shall be deemed to derogate from the provisions of section 9 in relation to sylvicultural areas in a protected forest.

Acquisition of alienated land for inclusion in a reserved forest

11. If the Minister thinks it expedient to include any alienated land in a reserved forest he may cause such land to be acquired as for a public purpose under the provisions of the Crown Acquisition of Lands Act and may thereafter include such land within the limits of the reserved forest.

(Cap. 135.)

Offences

12. Any person who, unless authorised in that behalf under the terms of a licence, grant or contract lawfully made or issued under this Act -

(a) is or remains in any sylvicultural area or nature reserve except between the hours of 6 a.m. and 9 p.m.;

(b) in any reserved forest or sylvicultural area -

(i) depastures livestock or permits livestock to be therein; or

(ii) cuts, collects, fells, girdles, marks, lops, injures, taps, burns or removes any forest produce; or

(iii) causes any damage by negligence in felling any tree or cutting or extracting or removing any forest produce; or

(iv) erects any building or livestock enclosure; or

(v) sets fire to or assists any person to set fire to any grass, or undergrowth or any forest produce; or

(vi) kindles, carries or throws down any fire, match or other lighted material; or

(vii) cleans, cultivates or digs up land for cultivation or for any other purpose; or

(viii) constructs or obstructs, any road, or path, or waterways; or

(ix) sets or is in possession of any trap, snare or net, or uses or is in possession of any gun, poison or explosive substance; or

(x) enters any part thereof which has been closed by regulations made under this Act; or

(xi) destroys or in any way damages forest property; or

(xii) damages, alters, shifts, removes or interferes in any way whatsoever with any beacon, boundary mark or fence, notice or notice board; or

(xiii) hunts or fishes; or

(c) on Crown land, not being land in a reserved forest or alienated land, cuts, collects, converts, fells, girdles, marks, lops, injures, taps, burns, takes or removes any forest produce; or

(d) within four hundred yards of a reserved forest lights any fire or throws down any match or any lighted material in such a manner as to subject such reserved forest to the risk of fire; or (substituted by 28 of 1969, s. 2.)

(e) in any protected forest -

(i) cuts, collects, converts, fells, girdles, marks, lops, injures, taps, burns, takes or removes any forest produce; or

(ii) cleans, cultivates or digs up land for cultivation or for any other purpose; or

(f) on native land, not being alienated land or land in a reserved forest or protected forest -

cuts, collects, converts, fells, girdles, marks, lops, injures, taps, burns, takes or removes forest produce; or

(g) removes any forest produce from alienated land,

shall be guilty of an offence under this Act.

Counterfeiting or unlawfully fixing marks, etc.

13. Any person who without lawful authority -

(a) forges or fraudulently uses upon any forest produce any registered hammer mark or any mark used by any forest officer to indicate that such forest produce is the property of the Crown or of some person or that it may lawfully be felled or removed; or

(b) alters, obliterates, removes or defaces any stamp, mark, sign, licence or other document lawfully issued under the authority of this Act; or

(c) counterfeits or issues any licence or document purporting to be a licence or document issued under the provisions of this Act or of any regulation made thereunder; or

(d) in any unalienated land covers any tree stump with brush-wood or earth or by any other means whatsoever conceals, destroys, or removes or attempts to conceal, destroy or remove such tree stump or any part, thereof; or

(e) wears any uniform or part of a uniform or any badge or other mark issued by the Forestry Department to be worn by forest officers or other employees of the Forestry Department,

shall be guilty of an offence against this Act.

Onus of proof

14. -(1) Any livestock found in any reserved forest or sylvicultural area shall be deemed to be there under the authority of the owner thereof unless the owner thereof proves the contrary and under the authority of the person, if any, actually in charge of such livestock.

(2) Where in any prosecution for an offence under this Act it is alleged in the charge or information that any forest produce has been cut in or obtained or removed from a reserved forest, sylvicultural area, protected forest or from unalienated Crown or native land or that it has been removed from alienated land is shall be presumed to have been so cut, obtained or removed unless the contrary is proved.

Penalties

15. Any person guilty of an offence against this Act shall be liable to a fine not exceeding three hundred dollars or to a term of imprisonment not exceeding six months or to both such fine and imprisonment.

Compensation

16. Where any person is convicted of an offence under this Act whereby any forest produce has been damaged or injured, or removed, the court may in addition to any other penalty order such person to pay to the owner of such forest produce compensation not exceeding the value of such forest produce.

Buildings, etc., on reserved forest

17. Any buildings, fences or enclosures erected or maintained in or on a reserved forest without the permission of the Conservator shall be deemed to be the property of the Crown and may be disposed of in such a manner as the Conservator may think fit.

Confiscation of property used in commission of forest offence

18. When any person is convicted of a forest offence all forest produce in respect of which such offence has been committed, and all tools, boats, conveyances and livestock used in the commission of such offence shall be liable, by order of the convicting court, to confiscation.

Compounding or offences

19. -(1) Any forest officer empowered under this Act may, if he is satisfied that a person has committed an offence against this Act, accept from such person a sum of money by way of compensation for such offence together with the forest produce, if any, in respect of which the offence has been committed:

Provided that such compensation shall not exceed five times the value of the estimated damage or, where the value cannot be estimated, twenty dollars for each offence.

(2) Such compensation shall be accepted only in cases where the person reasonably suspected of having committed an offence has expressed his consent in writing to the offence being dealt with under this section.

(3) In any proceedings brought against any person for an offence against this Act it shall be a good defence if such person proves to the satisfaction of the Court that he has compounded the offence under the provisions of this section.

(4) This section shall not apply to any offence under the provisions of section 13.

Search, arrest, etc.

20. -(1) Any forest officer or police officer may without a warrant -

(a) demand from any person the production of any authority or licence for any act done or committed by such person in any alienated Crown or native land or in relation to any forest produce for which a licence or authority is, under the provisions of this Act or of the regulations made thereunder, required;

(b) require any person found within any unalienated Crown or native land or in the vicinity of such land and who has in his possession any forest produce, to give an account of the manner in which such person became possessed of such produce and if any such person fails to give a satisfactory account, he may be arrested;

(c) arrest any person reasonably suspected of being guilty of a n offence against this Act or of being in possession of any forest produce in respect of which an offence has been committed;

Provided that no person shall be arrested under the provisions of this subsection unless such person refuses to give his name and address or gives a name and address which there is reasonable cause to believe is false;

(d) seize and detain any forest produce in respect of which there is reason to believe that any offence has been committed, together with any tools, boats, conveyances or any livestock used in the commission of such offence;

Provided that the person seizing such property shall, as soon as may be, report such seizure to a forest officer authorised under the provisions of subsection (1) of section 19 to compound offences or to a magistrate;

(e) seize and detain any livestock found trespassing or found without any person in charge of them in any reserved forest;

(f) enter any timber yard or sawmill by day to inspect forest produce therein.

(2) Any police or forest officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested to the officer in charge of the nearest police station or, if the offence is compoundable under the provisions of section 19 before an officer empowered to accept compensation under that section:

Provided that in the latter case, if the arrested person refuses to compound the alleged offence, the arrested person shall forthwith be taken or sent to the officer in charge of the nearest police station.

Power to take possession of property the subject of or used in the commission of an offence where offender unknown

21. -(1) Where there is reason to believe that a forest offence has been committed by a person who is unknown or cannot be found, all property seized in respect thereof under the provisions of section 20 shall be taken possession of and may be disposed of by the Conservator, but no property shall be sold or otherwise disposed of until the expiration of one month from the date of publication of the notice referred to in subsection (2) or without hearing the person, if any, claiming any right thereto and the evidence, if any, which he may produce in support of his claim.

(2) When possession is taken of any property under the provisions of subsection (1) the forest officer so taking possession shall publish a notice thereof in any manner he thinks fit and shall cause a copy of such notice to be served on any person whom he has reason to believe to be interested in the property.

Sale of perishable property seized

22. Any forest officer empowered in that behalf under this Act or any magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under the provisions of section 20 and subject to speedy and natural decay, and may deal with the proceeds as he might have dealt with such property had it not been sold.

Appeal against act under section 20

23. Any person claiming to be interested in any property seized under the provisions of section 20 may, within one month from the date of publication of a notice in respect of such property by a forest officer under the provisions of section 21 or when a copy of such notice has been served upon him within one month of the date of service, prefer an appeal against the taking possession of such property to a magistrate.

Vesting in Crown of seized property

24. When possession has been taken of any property under the provisions of section 20 and the period limited by the provisions of section 23 for preferring an appeal against such taking possession has elapsed and no such appeal has been preferred, such property or portion, as the case may be, shall vest in the Crown.

Native owners to receive certain royalties and licence fees

25. Royalties on forest produce on native land and fees for cultivation and grazing licences relating to native land shall, when received by the Conservator, be paid by him to the Native Land Trust Board to be distributed to the beneficial owners of such land.

Fees and royalties to be a charge on forest produce

26. -(1) When any royalty or fee is due and payable for, or in respect of, any forest produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by the Conservator or by any forest officer authorised either specially or generally, by the Conservator in writing in that behalf and may be retained by him until such amount has been paid.

(2) If such amount is not paid within one month of such seizure, such forest officer may sell the said produce by public action and the proceeds of sale shall be applied in the first instance in payment of the amount due and of any expenses incurred in the seizure and sale.

(3) The surplus, if any, if not claimed within two months of the sale by the person entitled thereto shall be forfeited to the Crown.

Unclaimed timber

27. -(1) Unmarked timber found adrift, beached, stranded or sunk or which is not in the possession or under the control of any person may be taken into possession by any forest officer empowered in that behalf.

(2) A Conservator, or any forest officer empowered in that behalf, shall publish in the Gazette a notice, containing a description of such timber and the place where found, calling upon any person claiming the same to make his claim to the Conservator within a period specified in the notice, not being less than one month from the date of publication thereof.

(3) The Conservator shall make due enquiry into any claim made within the period specified in the notice and shall either reject the claim after recording his reasons for so doing or shall deliver the timber to the claimant. Any claimant aggrieved by any decision of the Conservator under this subsection may, within one month after such decision, appeal to the Minister.

(4) If such timber is claimed by more than one person the Conservator may either deliver the same to any of such persons as he deems to be entitled thereto or may refer the claimants to a court having the necessary jurisdiction pending the receipt of an order from such court for its disposal.

(5) Where no claim is made within the period set out in the notice, or where such claim has been made and rejected, the ownership of such timber shall vest in the Crown free from all encumbrances or, when such timber has been delivered another person under the provisions of subsection (4), in such other person free from all encumbrances not created by him.

(6) No person shall be entitled to recover possession of any timber collected as aforesaid until the amount of any reasonable expenses incurred in collecting, moving, storing and disposing of the timber has been paid to the forest officer or other person entitled to receive the same.

(7) For the purpose of this section "unmarked timber" means timber not bearing a mark registered under the provisions of regulations made under this Act.

Forest produce not removed by licensee to vest in Crown or in owner of native land

28. Forest produce cut or collected under a licence issued in accordance with the provisions of this Act or of any regulations made thereunder shall, unless removed from the area to which the licence applies within a period of one month from the expiry of such licence or within such further period as the Conservator may in any particular case allow vest, if cut or collected in reserved forest of Crown land, in the Crown, or if cut or collected on native land, not being part of a reserve forest, in the owner of the land.

Licensee to remain liable for royalty and fees

29. Nothing contained in section 28 shall be deemed to relieve the licensee his liability to pay royalty or fees or other sums due in respect of such forest produce.

Power to shoot livestock habitually trespassing

30.-(1) If it shall be shown to the satisfaction of any magistrate that livestock are in the habit of trespassing on any sylvicultural area situated wholly or in part within his Division and cannot be seized, it shall be lawful for him to authorise, by licence in writing under his hand, some fit person to proceed to such sylvicultural area, and if after reasonable exertion such person shall find it impracticable to seize such animals, to shoot or otherwise destroy the same, or cause the same to be shot or otherwise destroyed in his presence, and this notwithstanding that in the endeavour to seize such animals they may have been driven off such sylvicultural area.

(2) Where the carcase of any animal shot or destroyed under the provisions subsection (1) is not claimed within six hours of such event, the person licensed under subsection (1) may sell, bury or otherwise dispose of such carcase as deems fit.

(3) Where any money is received for the carcase of a beast shot or destroy under the section, such money shall be paid to the Conservator who shall, unless within one month thereafter he is satisfied as to the ownership thereof by the claimant, pay the same into the Consolidated Fund.

Expenses of seizure to be paid by owner of livestock

31. -(1) When any livestock have been seized and detained under this Act any expenses incurred thereby together with the costs of agistment, if any, shall payable by the owner thereof, in addition to any other fine or penalty which may have been imposed by the magistrate trying the case or the forest officer compounding the offence.

(2) If the amount of the fine, if any, together with any expenses and costs of agistment be not paid within seven days of the imposition thereof, it shall be lawful for the forest officer to sell such livestock by public auction, and after deducting from the proceeds of such sale the amount of the fine, and the costs of the agistment, and of such sale and any other expenses incurred, such forest officer shall pay the surplus, if any, to the owner of the livestock.

Non-liability of forest officer

32. No forest officer shall be responsible for any loss or damage which may occur in respect of any forest produce while detained for the purposes of this Act or in respect of any timber collected under the provisions of section 28 unless he causes the same maliciously or fraudulently or by gross negligence.

Licences

33. -(1) Subject as hereinafter provided the Conservator or any person authorised by him in that behalf may issue licences for all or any of the purposes of section 12 upon such conditions and subject to the payment of such fees or royalties (if any) as may be prescribed.

(2) A licence relating to native land, other than native land in a reserved forest or sylvicultural area, shall only be issued with the prior consent of the Native Land Trust Board.

(3) A licence relating to Crown land, other than Crown land in a reserved forest, shall only be issued with the consent of the Director of Lands.

(4) A licence to remove forest produce from alienated land shall only be issued with the consent or on the application of the owner or registered lessee of such land.

(5) A licence for cutting, grazing or removing forest produce in a nature reserve shall only be issued where in the opinion of the Conservator, such cutting, grazing or removal is desirable for the purpose of conserving the natural flora and amenities of the reserve.

(6) A licence to hunt or fish in a nature reserve shall only be issued where in the opinion of the Conservator it is necessary or desirable to take or kill any species of animal therein.

Minister may invest forest officer

34. -(1) The Conservator and any Assistant Conservator may exercise all or any of the powers referred to in sections 19, 22 and 27.

(2) The Minister* may invest any forest officer either specially or generally with all or any of the powers referred to in sections 19, 22 and 27.

*Delegated to Conservator by notification 11th November, 1965.

Regulations

35. -(1) The Minister may make regulations to carry out the objects and purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may -

(a) regulate the manner in which and conditions upon which licences may be issued and restrict or prohibit the issue of such licences in respect of classes or descriptions of forest produce or in respect of areas;

(b) prescribe -

(i) in the case of Crown land the fees, royalties and payments payable to the Crown on forest produce;

(ii) in the case of reserved forest on native land and a sylvicultural area on native land the royalties payable on forest produce;

(iii) in the case of all land the fees and payments payable to the Crown on forest produce;

(c) provide for the remission or exemption from payment, in whole or in part, of any fees, royalties or payments payable to the Crown;

(d) prohibit any dealings in specified kinds of forest produce and make it an offence to be found in possession thereof unless the person charged with the offence shows to the satisfaction of the court that he was unaware that such forest produce was taken, collected or prepared in contravention of this Act or of any regulations made thereunder;

(e) prescribe the route by which alone forest produce may be exported from or moved within Fiji;

(f) provide for the issue of passes for the removal of forest produce, for the establishment of checking stations and for the stoppage, reporting, examination and marking of forest produce;

(g) regulate the use of marks for timber and the registration of such marks, authorise the refusal or cancellation of the registration of such mark, prescribe the time for which the registration of such marks is to hold good and limit the number of such marks which may be registered by any one person;

(h) provide for the issue of licences to be in possession of marking hammers;

(i) regulate the rewards to be paid to informers from the proceeds of fines and confiscations under this Act or under any regulations made under this section or from the Consolidated Fund;

(j) prescribe fees for passes under paragraph (f) for registration of mark under paragraph (g) and for licences issued under this Act or under any regulation made under this section;

(k) generally prescribe fees payable under this Act or under any regulation made under this section;

(l) prescribe forms to be used under regulations made under this section;

(m) regulate or prohibit the export of any forest produce, and prescribe any fees and payments payable in respect thereof;

(n) control the entry of persons into any reserved forest, nature reserve of sylvicultural area and regulate the period during which persons may remain there and the conditions under which they may do so;

(o) close paths and roads in any reserved forest, nature reserve or sylvicultural area either to persons or traffic or to both;

(p) close any reserved forest or part thereof;

(q) provide for the protection of bridges, dams or other public works by regulating the floating of timber or forest produce and the storing of timber or forest produce on river banks;

(r) require the holders of licences to maintain and render returns and accounts and to submit their books for inspection;

(s) regulate the seasoning, treatment, grading and storage of forest produce;

(t) provide for the registration and licensing of saw mills;

(u) prescribe the conditions and terms of service of forest guards. (Substituted by Order 10th July, 1910.)

(3) Any regulation made under this section may provide that any specified regulation or regulations shall not apply to any particular class of forest produce or to any particular area, the limits of which shall be defined.

(4) The Minister* may by notification in the Gazette specify the botanical equivalents of any English, Fijian or other vernacular names used in any regulations made under this section to denote any tree or forest produce. In any proceedings under this Act any botanical equivalent so assigned shall be deemed to correspond with any such name unless the contrary is proved.

* Delegated to Conservator by Notification 11th June, 1968.

(5) Notwithstanding the provisions of any regulation made under this section a contract or grant made by the Conservator under the provisions of section 9 may make provision for the payment of royalties, fees or charges other than those prescribed.

Saving of customary native rights.

36. -(1) Subject to the provisions of subsections (3) and (4), nothing in this Act shall be deemed to prohibit or restrict -

(a) the exercise in any native land, not including native land leased to the Crown in a reserved forest, by any native of hunting or fishing rights established by native custom or of any right established by native custom to collect fruits or vegetables growing wild therein; (Substituted by 23 of 1964, s. 4.)

(b) the cutting or removal by any native in accordance with native custom -

(i) from any native land, not being native land leased to the Crown in a reserved forest;

(ii) from alienated land with the consent of the owner, of any timber, reeds or other forest produce which may be necessary for the permanent abode of himself and his family, for the construction of temporary huts on any land lawfully occupied by him, for the upkeep of his fishing stakes and landing places, for the construction and upkeep of any work for the common benefit of the native inhabitants of his village or for firewood to be consumed for domestic purposes.

(2) Fees or royalties shall not be payable by any native in respect of any timber, reeds or other forest produce cut or removed for the purposes specified in paragraph (b) of subsection (1).

(3) The Minister may by notice in the Gazette for the purposes of this section from time to time prohibit the cutting or removal of timber of a class, description or dimension specified in such notice in any area specified in the notice and nothing in subsection (1) or (2) shall authorise the cutting or removal of such timber in such area.

(4) Nothing in this section shall be deemed to authorise any person to set fire to grass or undergrowth.

Saving of mining rights

37. Notwithstanding the other provisions of this Act the doing of any act by the holder of a mining tenement, being an act which he is authorised to do under the provisions of the Mining Act, shall be deemed not to be a contravention of any of the provisions of this Act.

(Cap. 146.)

Controlled by Ministry of Forests

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[Subsidiary Legislation]

CHAPTER 150

FOREST

SECTION 6 - FOREST (RESERVED FORESTS) ORDER

TABLE OF PROVISIONS

PARAGRAPH
1. Short title
2. Declaration of reserved forests
Schedule-Reserved Forests

_________

See Proclamations and Notices noted below and
Legal Notice No. 11 of 1983

Short title

1. This Order may be cited as the Forest (Reserved Forests) Order.

Declaration of reserved forests

2. The areas described in the items in the Schedule are hereby declared to be reserved forests.

________

SCHEDULE

(Paragraph 2)

RESERVED FORESTS

(1) SUVA AND NAMUKA HARBOURS

(Proclamations Nos. 27 of 1913; 8 of 1955.)

The area bounded as follows:-

Commencing at high-water mark on the left bank of the Waidroka Creek on the boundary of Naboro Crown freehold; thence by high-water mark in a general easterly direction to the right bank of the Tamavua River; thence by the said river low-water mark; thence by outer edge of mangrove in a general westerly direction to the mouth of Waidroka Creek aforesaid; thence by said creek upwards to the Point of commencement; as well as the following adjacent islands:-

Draunibota (Quarry Island), Labeko, and Vuo (Admiralty Island - freehold belonging to the British Admiralty).

(2) TAVEUNI

(Proclamation No. 27 of 1914.)

The area in the Island of Taveuni bounded as follows:-

On the south-east by Ravilevu Native Grant No. 177. On the east by a line drawn from the north-west corner of the said Native Grant No. 177 to the most westerly corner of Tabaune Crown Grant No. 148 and thence produced to its intersection with the production of the south-western boundary of Tuvamaca 399 acres part of Crown Grant No. 298. On the north-east by the production of the said boundary of Crown Grant No. 298 to a point distant about 29 chains from the south-eastern corner of the said Crown Grant No. 298. On the north-west by a line running parallel to the south-eastern boundary of Tuvumaca Crown Grant No. 298 to its intersection with the north-eastern boundary of Niusawa Crown Grant No. 103 and thence by the north-east, south-east, and south-western boundaries of the Crown Grant No. 103 to a point opposite the north-eastern corner of Vione Native lease 369 acres; thence to the said corner of the said Vione Native lease and by the north-eastern boundary of the said lease to its south-east corner; thence to the north-east corner of Delaiweni Native lease 550 acres. On the west by the eastern boundary of the said Delaiweni Native lease and by a line running in a south-westerly direction to its intersection with the north-east boundary of Soqulu Crown Grant No. 145; thence by the back boundaries of the said Crown Grant No. 145 to the south-east corner of Qaravula Native Grant No. 78; thence by the island boundaries of Nababa, Maumici, Wailevu, and Likuvausomo Native leases to the north-eastern boundary of Nasinu Crown Grant No. 99. On the south-west by the north-eastern boundary of the said Crown Grant No. 99 and by parts of the north-western and north-eastern boundaries of Salialailai Crown Grant No. 157 to Ravilevu Native Grant No. 177 aforesaid the whole being more particularly delineated on Plan T 109 deposited in the office of the Director of Lands, containing about 27,900 acres.

(3) REWA

(Proclamation No. 25 of 1919)

All that portion of land, 553 acres in extent, contained within the following boundaries:-

Commencing at a point bearing 202 degrees 55 minutes distance 448 links from the intake of the Rewa Water Supply pipe; thence crossing the Naiseresere Creek by a line bearing 59 degrees 24 minutes distance 803 links to the top of a spur; thence following crest of said spur in a north-easterly direction for about 50 chains; thence continuing along said ridge in a general north-westerly direction, passing through Namai old town site to its junction with a ridge; thence by said ridge running in a south-easterly direction to a post at the point of commencement, the whole being more particularly delineated on plan filed in the Lands Department and marked R. 505.

(4) BURETOLU, PROVINCE OF BA

(Proclamation No. 5 of 1926.)

The area in the Province of Ba bounded as follows:-

Commencing at the south-east corner of Koro No. 1 Native Grant No. 158, 8,410 acres on the Wainivesi Creek; thence by part of the southern boundary of the said freehold by lines bearing 226 degrees 31 minutes 3,896 links and 262 degrees 34 minutes 4,090 links to Nualevu on a ridge; thence by a direct line in a westerly direction for about 213 chains to a corner of the above freehold at Tagane on a ridge; thence by the crest of the said ridge in a southerly direction to the top of the main Koroboya Range; thence along the crest of the said range in southerly direction to a point about half a mile direct distance from the main range aforesaid; then in a general easterly direction along the south slope of the said main range and distant half a mile more or less from the crest thereof to the north-west corner of Vunimalawaci Native lease to the Fiji Kauri Timber and Land Company; thence by the north boundary of the said lease to the Wainukunuku Creek, being part of the west boundary of Nadala Native Grant No. 2,15,446 acres, and thence by the said creek upwards to a peg at Turangalao on the main range; thence by part of the west boundary of Nubuiluva Native Grant No.1, 3,410 acres, by lines bearing 332 degrees 38 minutes 1,056∙5 links, 333 degrees 13 minutes 204∙7 links and 331 degrees 5 minutes 491 links to the Wainivesi Creek; thence by the said creek downwards to the point of commencement.

(5) NADARIVATU-NADALA

(Proclamation No. 12 of 1954; Legal Notices Nos. 52 of 1968; 41 of 1975.)

All that portion of land known as Nubuiluva Native Grant No. 1 and Nadala Native Grant No. 2 comprised in Certificate of Title XI/05 F. 1 and 2 in the name of the Colonial Secretary for the time being and situated in the Tikina of Tavua in the Province Ba in the Island of Viti Levu, the boundaries of which are as follows:-

Commencing at Turanagalo iron peg and stone mound on a ridge 3 chains north of Nadarivatu Koroboya main road; thence northerly by lines on the following bearings and distances, viz: 332 degrees 38 minutes, 1056.5 links; 333 degrees 13 minutes, 201.7 links and 331 degrees 05 minutes, 491 links to a peg at the source of the Wainivesi Creek; thence northerly downstream following the right bank or the said creek passing through Nadoseva broad arrow on rock to the junction of the Vunivesi Creek with the Waikubukubu River; thence easterly following the left bank of the Waikubukubu River upstream to the source of that river; thence ascending easterly to the top of a high ridge, being the Ba Province easterly boundary; thence following said Ba Province eastern boundary by lines described as follows:- Southerly following the ridge and passing through Natasiri and stome mound and Qaranabuluti; easterly following the ridge, passing through Nailesilesi to Mocekoroqou at the most westerly corner of the Tikina of Saivou; generally southerly following a ridge through Navunivurianavanava, Veikovi, Namalaca, Vatuloa iron peg to Korotaso iron peg; south-easterly to a line bearing 110 degrees 20 minutes, distance 4332.7 links to an iron peg and earth mound; south-easterly by a line bearing 156 degrees 22 minutes, distance 16605 links to Waisara iron peg and stone mound; south-westerly by a line bearing 219 degrees 20 minutes, distance 7990.6 links to a braod arrow on a rock at Tataniniu iron peg and stone mound on a spur; south-westerly by a line bearing 217 degrees 53 minutes, distance 9759.1 links passing through Naraisa to iron peg and mound on the eastern side of the main road from Nadarivatu to Suva, near the 13 mile post; generally south-easterly by the eastern side of that road to Saivou No.2 iron peg and earth mound; and south-westerly by a line bearing 238 degrees 20 minutes, distance 6475.8 links, passing through Saivou iron peg and stone mound to an iron peg and stone mound a ridge; thence leaving the Ba Province boundary and following the ridge north-westerly to an iron peg and stone mound; thence north-westerly by a line bearing 300 degrees 12 minutes, distance 6218 links to Navunikakua rion peg and stone mound on a ridge; thence south-westerly by a line bearing 228 degrees 27 minutes, distance 6897 links to Bulia iron peg and stone mound on the Nadrau-Navai bridle track; thence northerly following the eastern side of the said track to Korosea iron peg and stone mound on a ridge; thence north-westerly by a line bearing 289 degrees 39 minutes, distance 7974.3 links, crossing the Qaliwana stream to Nadateni iron peg and stone mound on a ridge; thence north-westerly by a line bearing 310 degrees 30 minutes, distance 947∙8 links to the most southerly corner of the proposed Nadala native Reserve as shown on Plan RR874 deposited in the office of the Director of Lands; thence by lines bearing 15 degrees 46 minutes, distance 9526.7 links, to iron peg on rock 6 degrees 14 minutes 30 seconds, distance 2172.9 links, to broad arrow on rock 339 degrees 48 minutes, distance 3673∙6 links, to a concrete peg 266 degrees 12 minutes 30 seconds, distance 1940∙9 links, to a concrete peg 198 degrees 08 minutes, distance 11777.0 links, to an iron peg being the south-western corner of aforesaid proposed Nadala native Reserve; thence by a line bearing 310 degrees 30 minutes, distance 3881.4 links, to Nadrevutuka Trigonometrical Station iron peg on a ridge; thence north-westerly by a line bearing 297 degrees 42 minutes 30 seconds, distance 5766.0 links, to an iron peg on the left bank of the Nukunuku Creek; thence northerly following the left bank of that creek upstream to an iron peg at its source; thence northerly by a line bearing 11 degrees 45 minutes, distance 374.1 links, to an iron peg on the southern side of the Nadarivatu-Koroboya main road; thence northerly crossing that road by a line bearing 15 degrees 28 minutes, distance 434.3 links, to the point of commencement, and containing 18287 acres more or less, and shown on Native Lands Commission Sheets H/10/2, H/10/4, H/15/2, J/6/3 and J/11/l, also on Lands Department Plan RR77. But excluding therefrom any lands comprised in the following leases:-

Excluding therefrom all those three parcels of land comprising a total area of 105 acres more or less being part of Nadarivatu-Nadala Forest Reserve and lying near and about on either side of Naggaliwana Creek and extending approximately from Nabuyasa Village on the south to Navai Creek on the north.

The areas are more particularly shown in red, in relation to the boundaries of Nadarivatu-Nadala Forest Reserve, on plan P.P. 126 kept in the office of the Permanent Secretary for Lands and Mineral Resources with copies available for inspection in the offices of the Conservator of Forests, Suva and the Divisional Forest Officer, Western at Lautoka, and also the lands comprised in the following leases:-

And also excluding therefrom all those areas of land containing a total of 1,930 acres more or less in the Tikina of Tavua in the Province of Ba being parts of Nadarivatu/Nadala Forest Reserve as described hereunder.

Area A

Situated on the north western corner of the said Nadarivatu/Nadala Forest Reserve containing an area of 1,200 acres more or less bounded on the west by the right bank of Wainivesi Creek, on the south by the northern edge of the road from Nadarivatu to South Ridge, on the east by the left bank of a creek flowing into the Waikubukubu Creek and on the north by the left bank of the said Waikubukubu Creek.

Area B

Situated on the western side of the said Nadarivatu/Nadala Forest Reserve and being adjacent to Lewa Forest Reserve containing an area of 730 acres more or less, bounded on the south by a direct line bearing 297 degrees 40 minutes 34 seconds distance 5798∙4 links from Nadrevutuka Trignometrical Station to an iron peg on the left bank of Nukunuku Creek, on the west by part of the left bank of the said Nukunuku Creek, on the east by part of the watershed between Nukunuku and Nadala Creeks and on the north by the left bank of a small creek flowing into the Nukunuku Creek.

The two areas of land are more particularly delineated in red on Plan PP 155 kept at the office of the Permanent Secretary for Lands and Mineral Resources and copies are available for inspection at the offices of the Conservator of Forests, Suva.

(6) LAUTOKA

(Proclamations Nos. 7 of 1955; 14 of 1962.)

All that portion of Crown land contained within N.G. No. 187 and containing an area of 3,175 acres and more particularly delineated on Plan No. ND 1360 deposited in the office of the Director of Lands. Excepting thereout the area known as Tavakubu Cemetery more particularly described hereunder -

Starting at an iron rail with a zero co-ordinate value of north 900723.6 links east 260503.3 links on the southern side of Tavakabu Road; thence in north-easterly and south-easterly directions along the southern boundary of Tavakubu Road by the following lines bearing -

thence generally southerly by the following lines bearing -

thence in a south-westerly direction following the right bank of the Saru Creek for a distance of 22 chaims more or less to a point on a bearing of 74 degrees 49 minutes and at a distance of 269.8 links from an iron peg said iron peg having zero co-ordinate value of north 898539∙9 east 260231∙3;

thence on a veering of 254 degrees 49 minutes for a distance of 269∙8 links to the aforesaid iron peg;

thence in a northerly direction by the following line bearing -

on the southern boundary of Tavakabu Road being the starting point.

Containing an area of 37 acres and 3 roods and being shown on plan ND.4460 lodged in the office of the Director of Lands, Suva.

(7) NAITASIRI

(Proclamation No.11 of 1955.)

All that portion of land being the whole of Lot 45 as delineated on Native Land Commission Sheet M3/1 and containing an area of 75 acres, more or less.

(8) DRASA

(Proclamation No.17 of 1955; Revoked by Legal Notice 70 of 1980.)

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(9) MARANISAQA AND WAINIVEITOA

(Proclamation No. 19 of 1955.)

All that portion of land comprised in Native Leases Nos.348 and 5452 registered in the name of the Director of Lands for the time being and containing an area of 191 acres 2 roods 31 perches, more or less. Situated in the vicinity of the 81/2 mile peg on Princes Road and as more particularly delineated on Plans Nos. 964 and 953 deposited in the office of the Director of Lands, Suva.

(10) KALABO WATER CATCHMENT AREA

(Proclamation No.22 of 1955; substituted by Legal Notice No.11 of 1983*.)

All that portion of land forming part of the land known as Kalabo Water Catchment Area situated in the tikina of Naitasiri in the Province of Naitasiri in the island of Viti Levu, bounded by a line commencing at the point of intersection of Medrausucu Creek with the boundary between the said Catchment Area and the Colo-i-Suva reserved forest (being the reserved forest described in intem (11) and running thence generally easterly, southerly and westerly following the boundary of the said Catchment Area to its other point of intersection of Medrausucu Creek with the boundary between the said Catchment Area and the Colo-i-Suva reserved forest (being the reserved forest described in item (11)) and running thene generally easterly, southerly and westerly following the boundary of the said Catchment Area to its other point of intersection with the said Creek; thence generally northerly and westerly along that Creek to the point of commencement, being so much of the land shown as the said Catchment Area on Lands Department Plan R.1708 as does not include the part of that Catchment Area that is delineated by a solid bold black line on Lands Department Plant P.P. 229.

(11) QOYA

(Proclamations Nos.28 of 1955; 9 of 1959.)

Commencing at a point on the north-eastern boundary of Qoya Certificate of Title No. XI/05 Folio 115 said point being them most northerly corner of Waivuti Lease No. 48/2; thence south-westerly and following then the north-western boundaries of said Waivuti Lease No. 48/2 and the Solomon Islands Settlement plan S.947 to the northern boundary of Lease No.40371; thence north-westerly and said Lease No. 40371 and continuing to the northern boundary of Queen's Road; thence generally westerly and south-westerly and following the northern side of Queen's Road to the eastern corner of Certificate of Title No.6926; thence generally north-westerly and following the eastern boundary of said Certificate of Title No. 6926 to its north-eastern corner; thence generally north-easterly and easterly crossing the Waica Creek and continuing along the southern boundary of Costello National Park Certificate of Title No. 6925 to its south-eastern corner being the south-western corner of Certificate of Title no.7195 and the junction of the northern and north-eastern boundaries of said Qoya Certificate of Title No.XI/05 Folio 115; thence generally south-easterly and following the north-eastern boundary of said Qoya Certicate of Title No.XI/05 Folio 115 to the most northerly corner of Waivuti Lease No. 48/2 and being the point of commencement containing an area of 166 acres more or less and being unleased Crown freehold land and Crown tiri land and as more particularly delineated on plan (2) in File L.D. 44/10 held in the office of the Director of Lands at Suva but excluding all that land having an area of 1 acre and 11∙2 perches more or less comprised in Crown Lease No. 68893.

(12) TAVUA, BA

(Proclamation No. 7 of 1958.)

All that portion of land situated within Nadala Native Grant No. 2 in the Tikina of Tavua in the Province of Ba in the Island of Viti Levu extending to approximately 2 roads in area and bounded as follows:-

Commencing at a concrete post situated on a bearing of 18 degrees 8 minutes 11777 links from the south western corner of the proposed Nadala Native Reserve; thence by lines bearing 86 degrees 12 minutes 30 seconds distance 1940∙9 links to a concrete peg 265 degrees 5 minutes 40 seconds distance 429∙4 links to an iron peg on the western side of a one chain road, 249 degrees 39 minutes 20 seconds distance 300∙9 links to an iron peg, 292 degrees 4 minutes distance 68 links to an iron peg and 269 degrees 23 minutes 30 seconds distance 1163∙5 links to a concrete peg and being the point of commencement, and being more particularly as shown on Lands Department Plan R.R. 874.

(13) VAGO

(Proclamation No.5 of 1959.)

All that portion of Native Grant No. 194 and Lot 37 on N.L.C. sheets M/3, 1 and M/3, 3 described as follows:-

Commencing at the most easterly corner of Naganivatu Native Grant No.8 on the right bank of the Savura Creek, the said corner being indicated by an iron peg 50 links inland; thence in a northerly and westerly direction and following the eastern and northern boundaries of said Native Grant No. 8 by lines bearing -

235 degrees 21 minutes distance 176 links to a concrete peg at Dakuidridri mound on the crest of a ridge; thence in a general westerly and north-westerly direction following the crest of the ridge which is approximately defined by lines bearing -

(1) mound

marked é vii

Raveisolevutinieveli (2) mound on the eastern boundary of Native Grant No.167; thence in a northerly direction and continuing on the crest of the ridge which is approximately defined by lines bearing

marked é

at the source of the Vago Creek; thence in north-easterly, south-easterly and southerly directions and continuing on the crest of the ridge which is approximately defined by lines bearing

Vunisacau 3 mound

degrees 50 minutes distance 99 links from Nabuca 2 mound

Veimada mound to an iron peg

thence in a south-easterly direction and descending a spur by lines bearing

bank of the Savura Creek; thence in a general south-westerly direction following the said right bank of the Savura Creek downstream for approximately, 3,800 links to the point of commencement and being more particularly delineated on deposited plan number 317 held in the office of the Registrar of Titles at Suva.

(14) VITATABU

(Proclamation No. 18 of 1959; revoked by Legal Notice No. 69 of 1980.)

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(15) RAVILEVU

(Proclamation No. 25 of 1959)

All that parcel of land situated on the Island of Taveuni and extending to 9,930 acres more or less known as Ravilevu Crown Freehold C.T. XI/Q5 folio 209 and being more particularly described as follows:-

Commencing at the most easterly corner of Salialailai Crown Grant No.157; thence along its northern boundary bearing 315 degrees 33 minutes, distance 131 chains to a post and cairn; thence bearing 45 degrees 5 minutes, distance 484 chains 50 links to a post and cairn; thence bearing 45 degrees 33 minutes distance 173 chains 7 links to a post and cairn on the Wainibau Creek; thence down the Wainibau Creek to the sea-coast; thence along the sea-coast south-wards to the point of commencement.

(16) YARAWA

(Proclamation No. 20 of 1962.)

All that parcel of land known as "Yarawa East" being part of Certificate of Title No. 1719 lodged in the Registrar of Titles' office at Suva, situated on the northern and southern sides of the Queens Road at approximately 41 miles from Suva in the Tikina of Nuku in the Province of Serua and which is more particularly described as follows:-

Starting at a point marked é bearing 23 degrees 53 minutes distance 6,364 links from the south-western corner of the Yarawa East contained and described in Certificate of Title No. 5620 lodged in the Registrar of Titles' office of Suva;

thence by line bearing 23 degrees 53 minutes for a distance of 6,943 links to a point on the north-western boundary of said Yarawa East contained and described in Certificate of Title No. 5620 aforesaid;

thence in easterly, southerly, northerly and westerly directions following the boundaries of said Yarawa East contained and described in Certificate of Title No. 5620 by the following lines on a bearing of:-