Communal Land Forest Produce Act
- Commenced on 8 January 1988
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
1. Short titleThis Act may be cited as the Communal Land Forest Produce Act [Chapter 19:04].
2. InterpretationIn this Act—"agreement" means an agreement entered into in terms of section six for the exploitation of any forest produce;"authority" means an agreement, licence, permit, special licence or special permit entered into or issued, as the case may be, in terms of this Act;"contractor" means a person who is entitled to exploit any forest produce in terms of an agreement;"designated officer" means any person designated as a designated officer in terms of subsection (1) of section sixteen;"exploit", in relation to any forest produce, means to cut, fell, take, strip the bark from or remove such forest produce;"forest produce" means,(a)all vegetation, whether alive or dead, in a plantation, forest or woodland; and(b)any part, whether alive or dead, of any such vegetation, including wood, bark, seeds, fruit, gum, resin or sap;"Forestry Commission" means the Forestry Commission established by section 4 of the Forest Act [Chapter 19:05];"inhabitant", in relation to any Communal Land or part thereof, means a person who is entitled, in terms of section 8 of the Communal Land Act [Chapter 20:04], to reside in that Communal Land or part thereof and who does reside there;"licence" means a licence issued in terms of subsection (1) of section five;"local authority", in relation to any area of Communal Land, means a district council or other local or like authority established for the area concerned;"major forest produce" means all trees, palms and bamboos or any part thereof, other than leaves, flowers, fruit or seeds;"Minister" means the Minister of Environment and Tourism or any other Minister to whom the President may, from time to time, assign the administration of this Act;"natural forest" means a forest that has not been artificially established, but does not include an extension of a plantation resulting from the natural propagation of the tree or trees in such plantation;"permit" means a permit issued in terms of subsection (1) of section seven;"plantation" means—(a)any artificially established tree, whether of an indigenous or exotic species, or forest of such trees; or(b)any extension of a plantation referred to in paragraph (a) resulting from the natural propagation of the tree or trees in such plantation;"protected forest area" means an area declared in terms of subsection (1) of section fifteen to be a protected forest area;[definition as amended by section 4 of Act No. 22 of 2001]"public land" means any land within Communal Land which is under the control of a local authority, but does not include any such land which—(a)is being occupied or used otherwise than as communal grazing land in accordance with any right, consent or permit granted or issued in terms of the Communal Land Act [Chapter 20:04], or any other enactment; or(b)has been or is deemed to have been set aside in terms of section 10 of the Communal Land Act [Chapter 20:04], for any purpose other than that of communal grazing;"public stream" means a watercourse of natural origin wherein water flows, whether or not—(a)such watercourse or any portion thereof is dry during any period of the year; or(b)the conformation of such watercourse has been changed by artificial means;"reserved tree" means a tree which is—(a)of a species specified in the first column of the Schedule; and(b)growing or situated in an area specified in the third column of the Schedule opposite the name of the species concerned;"special licence" means a special licence issued in terms of paragraph (a) of subsection (1) of section eight;"special permit" means a special permit issued in terms of paragraph (b) of subsection (1) of section eight;"tree" means the whole or any part of—(a)any tree; or(b)any seedling, sapling, transplant, re-shoot or re-growth of any tree.
3. Right of Minister to exploit forest produce in Communal Land
4. Right of inhabitants and occupants of Communal Land to exploit forest produce
8. Special licences and special permits
9. Non-transferability of authorities
10. Cancellation and suspension of authorities
11. Damage caused by holders of authorities
12. Restriction on making new roads and use of certain roadsNo authority shall authorize, and no provision of this Act shall be construed as authorizing—
13. Restriction on exploitation near public streamNo authority shall authorize, and no provision of this Act shall be construed as authorizing, the exploitation of forest produce within one hundred metres from the bank of any public stream, unless the Minister has given written permission for such exploitation to take place.
14. Establishment of plantations, forest nurseries and other works
15. Protected forest areas
16. Designated officers
17. Powers of police officers, designated officers and forest officers
18. Exercise of powers by Minister
19. Delegation of Minister’s rights and functions
20. Application of revenue in respect of forest produce
21. Forestry Commission and local authorities not to require certain licencesNeither the Forestry Commission nor a local authority shall be required to hold a licence or permit in terms of the Shop Licences Act [Chapter 14:19], or any other enactment in respect of the sale or disposal of forest produce in terms of this Act.
23. Offences and penalties
25. Amendment of ScheduleThe Minister may at any time, by notice in the Gazette, amend the Schedule by adding thereto or removing therefrom the name of any indigenous tree or the name or description of any area.
History of this document
08 January 1988