Forestry Law

1. Citation. This Law may be cited as the Forestry Law.

2. Interpretation. In this Law unless the context otherwise requires- “administrative officer” means an officer in the public service performing the duties of the Chairman of a local government council; “appropriate authority” means the member of State Government; for the time being charged with, responsibility for the Ministry of Agriculture and Natural Resources; “cattle” includes sheep, goats, swine, horses, mules, donkeys and camels; “communal lands” means lands in the State at the disposal of an indigenous community or of any indigenous chief on behalf of the community; “Director” means the Director of Forests in the Ministry of Agriculture and Natural Resources “enclave” means an area completely surrounded by a forest reserve and, excluded from that forest reserve by an order made under this Law; “export” means export from Nigeria; “forest” includes forest reserves, protected forests, and communal forestry areas; “forest growth” includes anything growing or to be grown on land other than agriculture crops; “forestry officer” means any officer of the Forestry Department of the Ministry of Agriculture and Natural Resources or any officer appointed under section 3 of this Law; “forest produce” includes- (a) timber, firewood, charcoal, rubber, gutta percha, latex, wood oil, gum, resin, natural tanning extracts, tanning barks, fruits, fibers, bark and lac, whether could in or brought from a forest or not; and (b) (i) trees and all other parts or produce or trees not otherwise herein mentioned; (ii) plants including climbers and grasses, creepers and all parts or produce of such plants. (iii) wood ashes; (iv) peat, surface soil and minerals other than minerals within the meaning of any Act or other enactment regulating the working of minerals; (v) gravel, limestone, sand, rock and laterite; (vi) honey, beeswax, guano, silk cocoons, humus and all produce from animals, whether found in or brought from a forest; “forestry property” means any stock, stores or materials owned by Government and used or intended to be used in any forest operations or any forestry work, and includes boundary marks and pillars, boundary or survey beacons or signs, name plates, machinery, scientific instruments, documents, implements, tools, buildings, tents, fences, vehicles roads and brigades and cattle; “Forest Protection Fund” means a fund established under section 24 of this Law; “Forest Regeneration Fund” means a fund set aside to finance the Government afforestation programme in accordance with the provisions of this Law; “forest reserve” means any area constituted as a forest reserve under this Law or under any other enactment; “girth” means the circumference of a tree measured either at a height of four feet six inches from the ground or, if the tree is buttressed above that height, measured at one foot above where the highest buttress merges with the bole; “indigenous community” means any group of persons occupying any lands in accordance with and subject to customary law; “inquiry” means any inquiry by a reserve settlement officer; “instrument or thing” includes timber lorries, tugboats, tractors, winches, tackles, jacks and power saws or parts thereof; “lands at the disposal of the Government” means any lands which the State has acquired or may acquire by agreement or otherwise; “management of. forest” means all restrictions and operations directed to maximum productions as well as the preservations or replacement of a forest and includes protection of the forest; “minor forest produce” means any forest produce other than timber; “protected forest” includes- (a) any area declared to be, or constituted as protected forest under this Law; (b) any area proposed to be reserved, the preliminary notice in regard to which has already been published; “protected tree” or “protected minor forest produce” means any species of tree or any minor forest produce declared by the Governor on the advice of the appropriate authority to be protected under this Law; “protection of forest” means all restriction and operations directed primarily to the preservation or replacement of a forest; “State” means Delta State of Nigeria; “timber” includes all trees, whether standing, fallen or felled, stumps of trees and all wood, whether or not Cut up or fashioned or hollowed out for any purposes; “to take minor forest produce” includes to cut, collect, gather or remove such produce; “to take timber” means to fell, cross-cut, lop or girdle trees or to carry away any timber from the -lands or water upon which the trees have fallen or been felled, whether the tree has been felled by cutting or by removing the soil from the roots or by any other method or combination of methods; “tree” includes palms; “trespass” includes unlawful entry into a forest reserve or protected forest; “working plan” means any plan of operations or work on any area-whether in a forest or not so decided upon and described as such by the Chief Conservator.

3. Appointment of forestry officers. The Public Service Commission of the State shall appoint such officers as may be deployed by the Forestry Department of the Ministry of Agriculture and Natural Resources as forestry officers.

4. Power to constitute forest reserves and protected forests. (1) It shall be lawful for the Governor to constitute as forest reserves any of the following lands- (a) lands at the disposal of Government; (b) any lands in respect of which it appears to the Governor with the advice of the appropriate authority that the forest growth on such lands be established. (2) The Governor may by notice in the State Official Gazette declare any lands mentioned in subsection (1) above to be a protected forest. (3) The provisions of Sections 6, 7, 8, 9 and 10 of this Law shall not apply in respect of any lands at the disposal of the Government which it is proposed to constitute a forest reserve.

5. Notification of intention. (1) Before constituting any lands a forest reserve, a notice shall be published by the Governor in the State Official Gazette- (a) specifying as nearly as may be possible the situation and the limits of the lands; (b) declaring that the lands now form a protected forest; (c) declaring whether the lands are at the disposal of the Government or are lands coming within section 4 (1) (b); (d) declaring that it is intended to constitute such lands a forest reserve, either for the general purposes of Government or for the particular use and benefit, wholly or in part of any indigenous community or of any local government council; (e) appointing an officer (hereinafter referred to as the reserve settlement officer) to inquire into and determine the existence, nature and extent of any rights claimed by or alleged to exist in favour of any persons or communities or brought to the knowledge of the said officer affecting the lands, or any other rights in or over the lands which it is proposed to constitute a forest reserve. (2) If for any reason the reserve settlement officer appointed under this section is unable to perform his duties, the Governor may, by notice in the State Official Gazette, appoint any person to act on his behalf or as his successor; such notice may have retrospective effect for a period not exceeding one month. (3) Where any lands which it is proposed to constitute a forest reserve are lands at the disposal of the Government, the notice published in the Gazette as aforesaid shall set forth, with all such particulars as may be necessary to define their nature, duration, incidence and extent, all rights affecting the lands and the special conditions intended to govern the reservation thereof, and in addition, such notice be made known so far as may be practicable to every person who, and any community which, has any interest in such.

6. Notice of inquiry. Upon publication of the notice aforesaid, the reserve settlement officer shall- (i) immediately cause the particulars contained therein to be made known in the district or districts in which the lands are situated by causing the same to be read and interpreted in the local language in every customary court in the said district or districts, and also by informing the chiefs of the community dwelling on, and the local government councils having jurisdiction over the area; and (ii) fix and, in the manner aforesaid, make known a period within which and a place to or at which any person or community claiming any right or rights in or over or affecting the lands which it is proposed to constitute a forest reserve, shall either send in a written statement of claims to him or appear before him and state orally the nature and extent of the alleged rights.

7. Duty of reserve settlement officer at inquiry. (1) As soon as possible after the expiration of the period fixed by the reserve settlement officer he shall, within thirty days- (a) inquire into and determine the limits of the lands specified in the notice aforesaid; and (b) determine the "nature and extent of any claim or alleged rights affecting the land which has been preferred or brought to his notice. (2) The reserve settlement officer shall keep a record in writing of- (a) all such cairns and alleged rights; (b) all objections which may be made to such claims or alleged rights; and (c) any evidence in support of or in opposition to any claim or alleged right.

8. Reserve settlement officer to have administrative powers. For the purposes of the inquiry, the. reserve settlement officer shall have all the powers conferred upon a sole Commissioner by the Commission of Inquiry Law. [Cap. C15. No. 3 of 1976.]

9. Reserve settlement officer may serve or join claims. The reserve settlement officer may at any time during the inquiry join any number of claims or serve any claims or serve any claims joined, and his report may give a recommendation which may join any number of claims or serve any claims which were formerly joined.

10. Submission of report on completion of the inquiry. (1) Upon the completion of the inquiry, the reserve settlement officer shall write his report, describing the limits of {he land specified in the notice aforesaid and setting forth, with all such particulars as may be necessary to define their nature, duration, incidence and extent, all claims and alleged rights preferred or brought to his knowledge in respect of the lands, and admitting or rejecting the same wholly or in part, and shall submit the report to the Governor of Delta State within three months of his appointment for the necessary action with the Executive Council. (2) The decision on the report of the Executive Council shall be published as a notice in the State Gazette specifying the land which it is intended to reserve and the privileges concerned in respect of such land, and stating the special conditions intended to govern the reservation thereof; and in addition such notice shall be made known so far as may be practicable to every person who and any community which, preferred any claim or in respect of which any claim, was brought to the knowledge of the reserve settlement officer.

11. Appeals from Executive Council's decision. (1) Any person who has made a claim on his behalf, or where a claim has been made on behalf of a community, that person or the representative of that community, may, within three months of the date of the publication of the Executive Council’s decision appeal to the High Court against that portion of the decision which affects his claim or the claim made on behalf of the community which he represents. (2) Any person who on his own behalf or on behalf of a community claims that his rights or the rights of that community in any lands at the disposal of the Government which it is proposed to constitute a reserve have not been set forth at all, or have not, in respect of their nature, duration, incidence or extent, been fully and correctly set forth in any notice in the Gazette published under subsections (1) (a), (b), (c), (d) inclusive and section 5 (3) of this Law may, within three months of the date, of publication of the notice aforesaid, institute proceedings in the High Court for the better determination and declaration of such rights. (3) Within thirty days of the date of the decision of the High Court under subsection (1) or subsection (2) of this section an appeal shall lie therefrom to the Court of Appeal.

12. Order of the Governor constituting the forest reserve. (1) The Governor may, at the expiration of three months from the date of publication of a notice in the State Official Gazette- (a) under subsection (1) (a), (b), (c), (d), inclusive and section 5 (3) of this Law in relation to lands at the disposal of the Government; or (b) under section 10 of this Law in relation to lands in respect of which an inquiry has been held, make an order constituting such lands forest reserve: Provided that if an appeal has been made under section II of this Law no such Order shall be made until such appeal has been determined or until the expiration of the time within which an appeal may be made. (2) Such order shall, subject to the provisions of subsection (3) of this section, set forth- (a) the limits of the lands which constitute the reserve; and (b) all rights affecting the same as set forth in the notice published in the State Official Gazette under subsection (1) (a), (b), (c), (d), inclusive and of section 5 (3) of this Law or in the decision of the Executive Council established by the court upon appeal under section 11 of this Law; (c) such additional rights as the Governor shall consider just and equitable to allow notwithstanding that such rights have not been set forth in the notice aforesaid or allowed in the decision of the Executive Council. (3) Such order shall not include therein such rights as may have been set forth in the notice aforesaid or allowed by the Executive Councils decision but which have been subsequently modified or extinguished as hereinafter provided and where the boundaries of the reserve have been modified as hereinafter provided the order shall set forth boundaries as subsequently determined. (4) Such order shall be published in the State Gazette and made known in the same manner as was the notice aforesaid or the decision of the Executive Council. (5) From the date of the publication of such order in the State Gazette such lands shall be a forest reserve. (6) Any order made under this section may be revised or modified by the Governor and such revision or modification may be given retrospective effect. (7) In any revision or modification made by the Governor under subsection (6) of this section, he may after such inquiry, if any, as he shall in his discretion think fit- (a) exercise the powers conferred upon him by section 13 (c) (ii) of this Law; and (b) add such additional rights as he shall consider it just and equitable to allow notwithstanding that such rights had not been set forth in the notice aforesaid or allowed in the decision of the Executive Council.

13. Power to extinguish or modify rights. Where any right has been set forth in a notice published in the State Gazette under subsection (1) (a), (b), (c), (d) inclusive and section 5 (3) of this Law, or where the reserve settlement officer has admitted wholly or in part any right or claim and in the opinion of the Governor the exercise of such right, or claim or any part thereof would- (a) stultify the objects of any forest reserve; or (b) seriously hinder the efficient working of any forest reserve; or (c) do serious damage to any forest reserve, the Governor on the advice of the appropriate authority may- (i) extinguish any such rights or claims and shall either give monetary compensation or give in exchange similar rights on other similarly situated land either within or without the final boundaries of the forest reserve; or (ii) confine or restrict any rights or claims to certain areas either within or without the forest reserve or the exercise of such rights to certain times of the year; or (iii) adopt wholly or in part one or any combination of the above methods of dealing with the matter.

14. Reserve may be made to exclude areas over Which claims are admitted. If any rights or privileges have been set forth in a notice published in the State Official Gazette as aforesaid or if the reserve settlement officer had admitted wholly or in part any rights on any area which in the opinion of the Director could be excised from the reserve without materially, altering or stultifying the objects of the reserve, the Governor may so amend the boundaries of the reserve that such areas be excluded from the reserve or he may create such excluded areas or enclaves within the boundaries of the reserve: Provided that in altering the external boundaries of the reserve, the reserve settlement officer shall not include any area which lies outside the original boundaries set out in the notice of the proposed reserve published in accordance with the provisions of section 15 of this Law.

15. Governor may close existing rights of way and water courses if alternatives exist. The Governor may in a forest reserve close any right of way or watercourses, provided that in his opinion, another right of way or watercourse equally convenient already exists or is provided, or it is not a federal waterway.

16. Extinguishment and revival of rights. Every right in or over land which shall not have been set forth in a notice published in the State Gazette as aforesaid or in respect of which no claim shall have been made to the reserve settlement officer, or of which no knowledge shall have been acquired by that officer before submitting his report shall be extinguished: Provided that if any person shall, within three months of the publication of the Executive Council’s decision in the State Official Gazette claim and satisfy the Government that he was possessed of a right which should have been set forth in the notice or in respect of which he might have made a claim to the reserve settlement officer, and that through ignorance of the fact that the notice had been published or that an inquiry was being held or for other sufficient reason he failed to make an appeal as provided in section 11 (2) and (3) of this Law or to make such claim, the Governor may direct- (i) that such right shall be revived; or (ii) that such right shall be modified or extinguished in accordance with the provisions of section 13 of this Law.

17. Non-exercise of rights. If any right within a forest reserve shall not have been exercised for a period of ten years it shall be deemed to be extinguished.

18. Rights in reserves may not be alienated without consent of the Governor. It shall not be lawful for any person to alienate any right affecting land included in a forest reserve, which has been set forth in a notice as aforesaid or established before the reserve settlement officer or before a court under section 11 of this Law or revived under section 16 of this Law, by sale, mortgage or transfer without the consent of the Governor being first had and obtained and any such sale, mortgage of transfer effected without such consent shall be null and void.

19. No new rights to be acquired in land to be constituted a reserve except with approval. During the period between the dates of the publication by the Governor of the notice of his intention to create a forest reserve and of the Governor’s order, constituting the reserve- (a) no right shall be acquired in or over the land comprised within such notice otherwise than by succession or under a grant or contract in writing entered into with the approval of the Governor, and grant of land to Government by the community; (b) save as hereinafter provided- (i) no new house shall be built; (ii) no tree shall be cut; (iii) no forest produce shall be removed; and (iv) no new farm shall be made: Provided that nothing in this section shall be deemed to prohibit any act done with the permission in writing of a forestry officer of a rank not below that of Senior assistant conservator of forests.

20. Grant of land to Government by the community Obsolete by the provisions of the Land Use Act, 1978.

21. Power to de-reserve. The Executive Council on the advice of the appropriate authority may by «order published in the State Official Gazette direct that from a date named therein any lands or any part thereof constituted a forest reserve under section 12 of this Law shall cease to be a forest reserve or a part of such reserve and thereupon from such date such lands shall cease to be a forest reserve or a part of such reserve: Provided that the rights, if any, which may have been extinguished therein shall not revive in consequence of such cessation.

22. Marking boundaries. Any person required so to do by the Director with necessary workmen may enter upon any land for ‘he purpose of erecting any beacons or pillars or demarcating or cutting any Boundary lines within and around any land which it is proposed to constitute a forest reserve or a protected forest and around any portions of land included as enclave.

23. Improvement of forest generally. Any forestry officer not below the rank of assistant conservator of forest may enter upon any land and may cut out and destroy any diseased, dead or dying tree, or any tree likely to cause damage to any forestry property or to life or property.

24. Establishment of a forest protection fund. (1) There is hereby established a fund to be known as the Forest Protection Fund which shall be set aside and deducted at source for the purpose of the protection and improvement of forest estate in the State. [No. 13 of 1984.] (2) The Forest Protection Fund shall be operated by the Permanent Secretary in charge of Ministry of Agriculture and Natural Resources of the State. (3) The Fund shall be derived from the following sources- (i) any extra fees proceeds of enforcement of section 27 of this Law which shall be known as log control fee of ten naira per kg and five hundred naira per lorry load of sawn timber leaving the State; (ii) any fund proceeds of enforcement of Regulation 29 (2) of this Law for the purpose of establishing a forest regeneration fund and a Forestry Board or a Forestry Commission; (iii) 25 percent of the proceeds realised from the seizure of certain forest produce as provided by Regulation 34 (a) of this Law; and (iv) 25 percent of money received by way of compensation under offences created by Regulation 38 (1) of this Law.

25. Prevention of offences. (1) It shall be lawful for any forestry officer, administrative officer or police officer- (i) to prevent the commission of any forestry offence; (ii) to stop, enter and search a forest-produce-laden vehicle, boat or craft for the purpose of inspection of the produce; (iii) to open, enter and search a forest-produce-laden vehicle, boat or craft for the purpose of inspection of the forest produce; (2) Failure by- (i) the driver of a forest-produce-laden vehicle, boat or craft to stop for the purpose of inspection by a forestry officer or administrative officer or a police officer shall constitute an offence which on conviction shall be punishable by a fine of ten thousand naira or imprisonment for six months or both; (ii) the owner or management of the forest produce yard, store, beach sawmill, container or any other thing to allow a forestry officer, an administrative officer or a police officer to open, enter and search such forest produce yard, store, beach, sawmill, containers or any other thing shall constitute an offence which on conviction shall be punishable by a fine of ten thousand naira or imprisonment for six months or both. (3) It shall be lawful for a forestry officer to demand from any person or company dealing in forest produce and to be given genuine records of his or their business in forest produce. (4) It shall be lawful for a forestry officer to investigate, take statements from suspects, offenders and witnesses connected with alleged or forestry offences, and prosecute forestry cases, in the courts of law.

26. Power to exempt certain classes and districts. The Governor may on the advice of the appropriate authority by notice in the State Official Gazette withdraw from the operation of all or any of the provisions of this Law any person or class of persons, or any area specified therein, either for the period mentioned in the notice or without any period assigned.

27. Forest produce required for public purposes. (1) It shall be lawful for the Governor to take from a forest reserve or a protected forest any forest produce which may be required for public purposes upon payment of a fair and reasonable price therefore, which price shall not exceed such fees as may be specified in regulations and are generally applicable in respect of the reserve or protected forest whence the forest produce was taken. (2) Any extra fee which shall be known as log control fee of ten naira per kg and five hundred naira per lorry load of sawn timber leaving the State shall be paid into the Forest Protection Fund. [No. 13 of 1984.]

28. Payment of fees into Government Treasury. All fees received under this Law shall be paid by the officer receiving them into the State Government Treasury.

29. Power to make Regulations. The Governor may make Regulations for all or any of the purposes following and may specify the area or areas to which such regulations shall apply- (a) prohibiting, or regulating the taking of forest produce or of any specified kind of forest produce on lands at the disposal of Government or on communal lands; (aa) regulating the installation and operation of sawmills and other wood-using industries; (b) prohibiting the sale and purchase of forest produce or of any specified kind of forest produce by any person other than the holders of licenses and permits granted under this Law, or by any other persons or by any classes of person specified in the regulations; (bb) generally giving effect to the objects and purpose of this Law. (c) prohibiting the sale, purchase and possession of forest produce taken, collected on prepared in contravention of this Law; (d) prohibiting the destruction of, or any act which may tend to the destruction of, or cause, injury to, any forest produce or forest growth or forestry property in any - forest reserve or on lands at the disposal of Government or on communal lands; (e) regulating the grant and prescribing the form that any licences or permits may take in any particular case- (i) to take forest produce in forest reserves or on lands at the disposal of Government, or on communal lands; or (ii) to sell and purchase forest produce. (f) prescribing the procedure for fixing and making known to the public fees to be paid on 'the application for and the grant of any licence or permit and fees to be paid on the grant of any licence or permit and fees to be paid by the holders thereof; (g) prescribing the persons who may declare any specified kind of tree to be a protected tree arid any specified kind of minor forest produce to be protected minor forest produce under this Law, and the procedure therefor; (h) providing for the disposal of fees paid into the Government Treasury in accordance with section 28 of this Law; (i) providing for the survey and demarcation of forest reserves and forests; (j) regulating the marking of timber and the manufacture, use and possession of marking instruments; (k) regulating the marking, collection and preparation of forest produce; (l) providing for the seizure, detention and disposal of timber or forest produce; taken, collected, prepared, sold, purchased, possessed or not marked in contravention of this Law, or in respect of which any offence against this Law has been committed; (m) requiring the holders of licences and permits to render returns and accounts and to submit their books for inspection; (n) providing for the termination, revocation and forfeiture of licences and permits; (o) regulating the transit of forest produce by land and water and by different means and classes of transport; (p) regulating the salvaging and disposal of drift timber; (q) prohibiting any act which might cause the obstruction of any waterway or cause danger to navigation; (r) providing for the establishment and maintenance of nurseries and for the afforestation of lands, the preservation and production of forest and the introduction of new species of trees or other forest produce and the purchase and importation of seeds and other materials for forest operations; (s) providing for the management, utilisation and protection of forest reserves; (t) prescribing the powers and duties of forestry officers; (u) authorising the payment of grants and bonuses out of the public revenue for the encouragement of forestry; (v) regulating the protection of forest produce in forest reserves by- (i) prescribing the time at which and the manner in which the rights reserved or recognised by the reserve settlement officer may be exercised; (ii) prohibiting the taking or destruction of any specified kind of timber or minor forest produce in the exercise of such rights as aforesaid; and (iii) prohibiting the exercise of all or any such rights as aforesaid in any specified part of a forest reserve. (w) regulating the control of protected forests and the protection of forest produce in a protected forest mutatis mutandis as if such protected forest were a forest reserve; (x) regulating the kindling of fires for any purpose within a protected forest or a forest reserve, and prescribing the persons who may allocate the period during which fire may or may not be allowed for any purpose; (y) providing for the remission or reduction of any fee charged or payable under the provision of this Law; (z) providing for the establishment of a forest regeneration fund and a Forestry Board or a Forestry Commission;

30. Power to exclude from regulations. The Governor may by notice in the State Official Gazette exclude from operation of any regulations made under this Law any area prescribed in such notice.

31. Acts prohibited in a reserve. Whoever in any forest reserve, except with the authority in writing of the Director or any forestry officer duly authorised by him- (a) takes any forest produce; (b) uproots, clears any forest growth, bums, strips off the bark or leases from, or otherwise damages any tree; (c) sets fire to, any grass or herbage, or kindles a fire without taking due precaution to prevent its spreading; (d) smokes on lights a fire in any part of a forest reserve within which, or at a time when; smoking or the lighting of fire is prohibited by an order of the Governor; (e) pastures cattle or permits cattle to trespass; (f) digs, cuts, turns or cultivate the soil or makes a farm or plantation, or roads; (g) trespasses on any part of a forest reserve in which trespass shall be prohibited by an order of the Governor during any period specified in an order of the Governor; (h) constructs any dam or weir across any river or stream or otherwise obstructs the channel of any river or stream; (i) resides or erects any building; (j) damages in any way or destroys any forestry property, shall be liable on summary conviction to a fine of not less ten thousand naira or more than fifty thousand naira or to imprisonment for two years or to both.

32. Saving in respect of section 30. Nothing in the last preceding section shall prohibit the exercise by any person or community of any right in a forest reserve Constituted under this Law if such right has been recognised in the Order constituting such forest reserve.

33. Offences in protected forests. Whoever within a protected forest, except with the authority in writing of the Director or any forestry officer duly authorised by him- (a) uproot, fell of otherwise damage any protected tree of over two feet in girth; (b) otherwise than during the period of year allowed for this purpose either sets fire to or allows fire to spread to any forest growth unless such forest growth is being or has been felled for farming purposes; (c) contravenes any of the provisions of section 19 (iii) of this Law, shall be liable to a fine of not less than five thousand naira or more than twenty thousand naira or to imprisonment of six months or to both.

34. Seizure of certain forest produce. (1) Any forestry officer, administrative officer or police officer not below the rank of assistant superintendent of Police may himself, or by any Government employee acting under his directions, seize any forest produce reasonably suspected of having been unlawfully obtained or being unlawfully removed, together with any instrument or thing used or reasonably suspected to have been used in connection with the offence; and (2) Where the person suspected of having committed the offence in respect of which the forest produce or instrument or thing has been seized has not been charged and the offence has not been compounded as hereinafter provided or as may be directed by the Director, such officer, after obtaining the order of a magistrate may- [No. 13 of 1984.] (a) sell such forest produce or instrument or thing and pay the proceeds thereof after deducting the expenses of the sale and 25 percent of the remainder payable to the Forest Protection Fund to the State Government Treasury; or (b) destroy, or allocate such forest produce or instrument or thing to the use of Government.

35. Offences. (1) Any person who- (a) forges or fraudulently uses, or aids or abets any person to forge or fraudulently use, any registered hammer or mark or any mark used for denoting the ownership of any forest produce, or any other mark used by forestry officers in connection with the administration of the provision of this Law; (b) alters, removes, destroys or defaces any such mark placed on forest produce or any boundary mark of a forest or of any land proposed to be included in a forest; or (c) transports timber, timber material in Delta State settlement between the hours of 7 pm and 6 am, [No. 13 of 1984.] shall be liable to a fine of fifty thousand naira or imprisonment for two years or to both. (2) Any person who- (a) forges or fraudulently uses, or aids or abets a person to forge or fraudulently use, any hammering sheet, identity card or any other document used in connection with the administration of the provisions of this Law; or (b) alters, removes, destroys, defaces any such documents, shall be liable to imprisonment for five years without the option of a fine.

36. Arrest of certain persons. It shall be lawful for any forestry officer to arrest without any warrant any person who may be reasonably suspected of having committed any offence under this Law if such person on refuses to give his name and address, or gives a name or address which is believed to be false, or if there is reason to believe that he will abscond: Provided that any person so arrested shall be taken before a magistrate or customary court or to the nearest police station without unnecessary delay.

37. Onus of proof. (1) The onus of proof that any forest produce has not been taken in contravention of this Law shall lie upon the person in whose possession the forest produce is found. (2) Where the need arises it shall be mandatory for the court to move to the scene of contravention for the purpose of authenticating and seeing the exhibits of the case or cases before it. [No. 13 of 1984.]

38. Authority to compound offences. (1) Where a person is reasonably suspected of having committed an offence against this Law other than an offence under section 35 any forestry officer not below the rank of Assistant Director of Forests may, instead of taking proceedings against such person in court , surcharge such person with and receive from him for and on behalf of the Government of the State, a sum of money by way of compensation for the offence which he is suspected of having committed, together with the value of the forest produce or forestry property in respect of which he was suspected of having committed an offence: Provided that the sum of money received by way of compensation shall amount to not less than four times and not more than ten times the tariff value of the forest produce or forestry property in question, and 25 percent of which shall be paid into the Forestry Protection Fund: Provided further that a valid Government receipt shall be issued forthwith to the person from whom such sum of money is received. (2) On such payment being made, the suspected person, if in custody, shall be released and no further proceedings shall be taken against such person in respect of such offence, and property seized as being liable to forfeiture shall be restored and any proceedings pending in court in respect of the same person on the same facts shall be withdrawn. (3) Any sums received under the provisions of subsection (1) of this section, save for twenty-five percent payable to the Forestry Protection Fund, shall be paid into the State Government Treasury.

39. General penalty. Any person who contravenes any regulation made under this Law or the conditions of any licence or permit issued under this Law for which no penalty is expressly prescribed shall be liable to a fine often thousand naira or to imprisonment for six months or to both.

40. Institution of conduct of legal proceedings. In addition to any penalty imposed for an offence against the additional provisions of this Law or any regulations made hereunder the court may order- (a) any forest produce in respect of which the offence was committed or any instrument or thing with which the offence was committed to be forfeited and disposed of as the court may direct; (b) any farm or plantation made in a forest reserve in contravention of section 31 (f) of this Law, or any building erected in contravention of section 31 (1) of this Law, to be destroyed or, on the application of the Director, that any such farm or building be confiscated and thereafter disposed of in the discretion of the Director; (c) that any licence or permit held under this Law shall be cancelled; and (d) that, where no licence or permit has been taken out and the offender should have taken out a licence or permit, a sum equal to the amount of the tariff value that should have been paid in respect of such permit and licence, be paid.

41. Institution of conduct of legal proceedings. Notwithstanding the provisions of any written enactment to the contrary, and, in particular, notwithstanding the provisions of section 58 of the Magistrate’s Court law, proceedings for an offence against any provision of this Law or of any regulations made under this Law and all civil proceedings by the Director, may be-instituted and conducted by him or any Director not below the rank of assistant director of forestry, or by any other forestry officer authorised generally, or specially in relation to any particular proceedings or class of proceedings, by writing under the hand of a forestry officer not below the rank of Assistant Director of Forestry.

42. Special power. (1) Notwithstanding the powers of Director to deal with forestry special power offences in this Law, the appropriate authority may make an Order- (a) closing down a saw mill or saw bench either temporarily or permanently where such a saw mill or saw bench is being operated with illegal logs; or (b) for the seizure and sale of any instrument or thing used in committing a forest offence. [No. 13 of 1984.] (2) If any person contravenes any order made under subsection (1) (a) of this section he shall be liable to a fine of not less than ten thousand naira and not more than fifty thousand naira or the sale of the saw mill or to a term of imprisonment for a period not exceeding five years or both.

43. Protection and management of forest reserves, protected forests. (1) Without prejudice to the rights of their respective owners, all forest reserve, protected forests and protected trees and minor forest produce outside forest reserves shall be managed by the State on behalf and for the benefit of the owners of the lands so constituted. (2) In furtherance of the aims and objectives of this Law and the regulations to be made under this Law, the Governor may grant licences (in this section called “timber licences”) to my person or body of persons authorising the holder thereof to exploit timber resources of such a nature and in such manner and subject to such terms and conditions as may be therein specified and in granting any such licences, the consent of the owners shall be deemed to have been vested in the Governor. (3) For the purpose of this section, ownership of lands which have been constituted forest reserves, or protected forests, shall be vested in the indigenous community of the area in which such lands are situated and, for the avoidance of doubt, the forest reserves or protected forests are hereby declared to be and to have always been owned by such community.

44. Establishment of Forest Task Force. (1) There shall be established in the State a body to be known as the Task Force on Forestry. (2) The Task Force shall consist of the Police, ex-servicemen, retired forestry officers and representatives of the Director of Forests who shall be appointed by the Governor. [No. 6 of 1986.]

45. Savings as to existing forest reserves. All forest reserves existing at the time of the coming into force of this Law shall be deemed to have been constituted under and in accordance with the provisions of this Law.