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Arrangement of Sections
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THE VESTING OF ASSETS AND TRANSFER OF LIABILITIES, 2008
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THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES, 2009
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THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES
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THE FOREST (CHARCOAL) RULES, 2009
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THE FORESTS (HARVESTING) RULES, 2009
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THE FOREST (CHARCOAL) RULES
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THE FORESTS (HARVESTING) RULES
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THE DECLARATION OF A PROVISIONAL FOREST, 2010
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THE DECLARATION OF AMARA FOREST, 2012
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THE DECLARATION OF LIKIA EXTENSION FOREST, 2012
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THE FORESTS (FEES AND CHARGES) RULES, 2012
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THE FORESTS (FEES AND CHARGES) RULES
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THE DECLARATION OF ABIERO HILL FOREST, 2013
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THE DECLARATION OF BANGALI FOREST, 2013
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THE DECLARATION OF GOD KWER FOREST, 2013
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THE DECLARATION OF GOT OTARO FOREST, 2013
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THE DECLARATION OF HEWANI FOREST, 2013
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THE DECLARATION OF KIMANYI FOREST, 2013
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THE DECLARATION OF KOKONI FOREST, 2013
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THE DECLARATION OF KUJA BULL CAMP FOREST, 2013
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THE DECLARATION OF LAMBWE FOREST, 2013
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THE DECLARATION OF MAAI FOREST, 2013
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THE DECLARATION OF MAKUNGA FOREST, 2013
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THE DECLARATION OF MARANGA FOREST, 2013
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THE DECLARATION OF MBALAMBALA FOREST, 2013
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THE DECLARATION OF MISANGO HILLS FOREST, 2013
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THE DECLARATION OF MNANGEI/SIYOI FOREST, 2013
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THE DECLARATION OF MUTHA FOREST, 2013
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THE DECLARATION OF MWINA FOREST, 2013
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THE DECLARATION OF NTHOANI FOREST, 2013
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THE DECLARATION OF RAMOGI FOREST, 2013
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THE DECLARATION OF RANEN FOREST, 2013
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THE DECLARATION OF WAYU FOREST, 2013
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THE DECLARATION OF WIRE FOREST, 2013
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THE EXTENSION OF DECLARATION OF A PROVISIONAL FOREST, 2015
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THE FORESTS (FEES AND CHARGES) RULES, 2016
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THE FORESTS (FEES AND CHARGES) RULES, 2016
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THE DECLARATION OF FOREST AREA, AGAI HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, ASEGO HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, AYWAYA HILLS FOREST, 2017
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THE DECLARATION OF FOREST AREA, CHABERA FOREST, 2017
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THE DECLARATION OF FOREST AREA, GEMBE FOREST, 2017
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THE DECLARATION OF FOREST AREA, GOD JOPE FOREST, 2017
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THE DECLARATION OF FOREST AREA, GOD KOPOLO FOREST, 2017
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THE DECLARATION OF FOREST AREA, GOD NYAINGU FOREST, 2017
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THE DECLARATION OF FOREST AREA, GOD OOGO FOREST, 2017
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THE DECLARATION OF FOREST AREA, GOT OKOMBO FOREST, 2017
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THE DECLARATION OF FOREST AREA, HOMA HILLS FOREST, 2017
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THE DECLARATION OF FOREST AREA, INSARIA BASSI/MASIEGE FOREST NURSERY FOREST, 2017
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THE DECLARATION OF FOREST AREA, INSARIA HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, KAMONDI HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, KODERA HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, LUGONGO FOREST, 2017
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THE DECLARATION OF FOREST AREA, MFANGANO FOREST, 2017
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THE DECLARATION OF FOREST AREA, NDONYO HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, NGERI HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, NYAKAYIEMBA FOREST, 2017
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THE DECLARATION OF FOREST AREA, NYANGWETA FOREST, 2017
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THE DECLARATION OF FOREST AREA, NYOSORE FOREST, 2017
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THE DECLARATION OF FOREST AREA, RANGWE HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, RITUMBE FOREST, 2017
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THE DECLARATION OF FOREST AREA, RURI HILLS FOREST, 2017
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THE DECLARATION OF FOREST AREA, SAMANGA HILL FOREST, 2017
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THE DECLARATION OF FOREST AREA, URIANDA HILL FOREST, 2017
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DECLARATION OF FOREST AREA
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DECLARATION OF FOREST AREA
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THE DECLARATION OF BON-IJARA FOREST, 2017
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THE DECLARATION OF PUBLIC FOREST, BONI-LUNGI FOREST, 2017
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THE DECLARATION OF PUBLIC FOREST, LOIMA FOREST, 2017
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THE DECLARATION OF PUBLIC FOREST, MUKUTANI FOREST, 2017
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THE DECLARATION OF PUBLIC FOREST, PANDA NGUO FOREST, 2017
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THE DECLARATION OF PUBLIC FOREST BUTE MALABA FOREST RANGES, 2021
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THE DECLARATION OF PUBLIC FOREST CHITAMBE (WEBUYE) HILL FOREST, 2021
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THE DECLARATION OF PUBLIC FOREST GOD NYANGO FOREST, 2021
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THE DECLARATION OF PUBLIC FOREST KARAINI HILL FOREST, 2021
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THE DECLARATION OF PUBLIC FOREST KATANGUO HILLS FOREST, 2021
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THE DECLARATION OF PUBLIC FOREST WAJIR TOWN FOREST, 2021
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REVOCATION OF DECLARATION OF PUBLIC FOREST - CHETAMBE (WEBUYE) HILLS FOREST
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DECLARATION OF CHETAMBE (WEBUYE) FOREST
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DECLARATION OF FOREST AREA-WOTE TREE NURSERY AND ARBORETUM
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DECLARATION OF MACALDER FOREST
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DECLARATION OF TAKABA HILL FOREST
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THE VESTING OF ASSETS AND TRANSFER OF LIABILITIES, 2008
| (a) |
All the property that was immediately before the commencement of the Act vested in the Government for the use of the Forestry Department shall vest in the Kenya Forest Service; and
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| (b) |
all contracts, debts, obligations and liabilities of the Government attributable to the Forest Department immediately before the commencement of the Act shall remain vested in the Government and may be enforced by or against the Government.
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THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES
ARRANGEMENT OF RULES
PART I – PRELIMINARIES
PART II – PRIVATE SECTOR PARTICIPATION
| 6. |
Service to invite private sector
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| 7. |
Types of agreements for private sector
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| 8. |
Eligibility of applicant
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| 9. |
Permits for utilization of forest goods and services
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| 11. |
Determination of areas to be offered
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| 12. |
Content and duration of timber-liccence
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| 13. |
Pre-qualification procedure
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| 14. |
Consideration of applications
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| 15. |
Offering and advertisment
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| 17. |
Selection of a bidder
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| 18. |
Award of timber-license
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| 19. |
Monitoring and evaluation of licensee
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| 21. |
Content and procedure in grant of special-use licence
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| 22. |
Procedure in the grant of contracts
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Joint Management Agreements
| 24. |
Procedure in the grant of a joint management agreement
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| 25. |
Evaluation of the application
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| 26. |
Joint management agreement
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| 27. |
Determination of areas to be offered
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| 28. |
Content of concession agreement and duration
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| 30. |
Consideration of an application
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| 31. |
Offering and advertisement
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| 32. |
Concession bidding procedure
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| 33. |
Consideration of the bids
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| 34. |
Announcement of intention to award
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| 37. |
Review and evaluation
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| 38. |
Evaluation and renewal
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| 39. |
Employmnet of professional foresters
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PART III – COMMUNITY PARTICIPATION
| 41. |
Service to invite community participation
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| 42. |
Types of agreements for community participation
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Community Forest Management Agreements
| 43. |
Forest management agreements
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| 45. |
Procedure for entering into a community forest management agreement
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| 46. |
Forest-level management committee
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| 47. |
Monitoring of implementation
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| 48. |
Technical assistance from the Service
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| 49. |
Commercial activities
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| 50. |
Agreement with forest Association
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| 51. |
Zoning of forest areas
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| 52. |
Where plots may not be allocated
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| 54. |
Conditions for permits
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| 55. |
Period of cultivation
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| 56. |
Planting of seedlings
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| 57. |
Monitoring by forest association
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| 58. |
Operational guidelines
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PART IV – GENERAL PROVISIONS
| 59. |
Transitional provisions
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| 60. |
Verification of various existing authorisations
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| 61. |
Forms and documents under these rules
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| 66. |
Compliance with other laws
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| 67. |
Liability under other laws
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| 68. |
Forest to remain property of State
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SCHEDULES
THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES, 2009
PART I – PRELIMINARIES
| 1. |
Citation
These Rules may be cited as the Forests (Participation in Sustainable Forest Management) Rules, 2009.
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| 2. |
Application
| (a) |
shall apply to the participation of the private sector and forest communities in the sustainable management of state forests;
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| (b) |
may, with the necessary modifications, be applied by a local authority, with the consent of the Minister responsible for local authorities, to the participation of the private sector and forest communities in the management of local authority forests; and
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| (c) |
shall apply to the authorisations issued by the Service in the management of provisional forests declared as such under section 26 of the Act.
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| 3. |
Interpretation
In these Rules, unless the context otherwise requires—
"authorisation" includes a permit, timber-licence, special-use licence, contract, joint management agreement, concession, community forest management agreement and cultivation-permit;
"concession management plan" means a site-specific management plan prepared by an applicant or holder for a concession;
"contract management plan" means a site-specific management plan prepared by an applicant or holder for a contract;
"community forest management plan" means a plan prepared by a forest association in partnership with the Service to govern implementation of a community forest management agreement;
"cultivation-permit" means an authorisation issued under rule 53;
"forest general guidelines" means administrative guidelines issued from time to time by the Service for effective carrying out of the functions of the Service;
"joint management agreement" means an agreement under rule 26;
"joint management plan" means a site-specific management plan prepared by an applicant or holder in partnership with the Service to govern implementation of a joint management agreement;
"licence management plan" means a site-specific management plan prepared by an applicant for a licence;
"site-specific management plan" includes a concession management plan, contract management plan, joint management plan, or licence management plan prepared pursuant to section 37(3) of the Act and a community forest management plan prepared pursuant to section 46 of the Act.
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| 4. |
Rules
The objective and purpose of these Rules is to provide for the circumstances under which authorisations may be applied for, granted, varied, cancelled or declined and the manner in which a person granted such authorisation may exercise a right or privilege conferred by the authorisation.
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| 5. |
Management plan
| (1) |
The Service shall prepare or adopt a management plan covering a period of at least five years in respect of every state forest.
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| (2) |
A person who wishes to make an application to the Service for an authorisation under these rules shall prepare a site-specific forest management plan in accordance with guidelines prescribed by the Service.
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| (3) |
The Service shall evaluate the site-specific forest management plan submitted under paragraph (2) based on social, economic, environmental and sustainability factors and shall, with or without modification, review and approve the application.
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| (4) |
A person authorised under these rules to undertake activities for more than one year shall prepare an operations plan for every year, on which all operations shall be based, and activities shall not commence unless such operations plan has been approved by the Service.
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| (5) |
The Service shall evaluate the operations plan prepared under paragraph (4) to ensure that it conforms to the site-specific management plan and to sustainable forest use.
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| (6) |
The Service shall not issue an authorization without a site-specific plan in place, except for forest management agreements and permits for minor activities not significantly and irreversibly affecting forest resources.
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PART II – PRIVATE SECTOR PARTICIPATION
| 6. |
Service to invite private sector
The Service may, whenever circumstances make it necessary or appropriate to do so, invite the private sector to participate in the sustainable management of state forests.
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| 7. |
Types of agreements for private sector
| (1) |
The Service may issue authorisations for forestry activities for purposes of rule 6 in the form of -
| (a) |
a permit, which may be issued to a person to undertake a specified forestry-related activity or service;
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| (b) |
a timber-licence, which may be issued to a person by the Service for timber harvesting in a specified forest area;
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| (c) |
a special-use licence, which may be issued to a person to undertake an activity whose primary purpose is to yield public benefit in transportation, communication, energy, research or education;
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| (d) |
a contract, which is entered into with a third party for performance of the activities specified in rule 22(2) on behalf of the Service in a forest area for a specified fee;
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| (e) |
a joint management agreement, which is an agreement where the Service agrees to enter into partnership with other persons for the joint management of a specified plantation or indigenous forest area, specifying the contribution, rights and obligations of each party and setting out the methods of sharing the costs and benefits accruing from the forest so managed; and
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| (f) |
a concession agreement, which is a long term agreement that may be issued by the Service for the management of a specified forest area at a price determined after forest valuation and bidding under these rules.
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| (2) |
No authorisation shall be issued in respect of a forest for which there is a pre-existing authorisation, except on terms mutually agreed upon by all the parties involved.
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| 8. |
Eligibility of applicant
| (1) |
A person shall not be eligible to apply for an authorisation under these rules unless that person-
| (a) |
possesses the necessary legal capacity to enter into binding agreements, and has the technical and financial capacity to undertake the forestry activities for which the authorisation is sought; and
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| (b) |
in the case of a foreign investor, has complied with all the laws for the time being in force relating to investment by foreigners.
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| (2) |
In the case of timber-licences, contracts and concessions-
| (a) |
legal capacity includes the competence to enter into contracts which for business entities shall be demonstrated through proof of registration;
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| (b) |
technical capacity includes the competence to undertake forestry activities, as demonstrated by employment of technical staff, access to equipment, satisfactory past performance and a record of good compliance with the laws and standards; and
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| (c) |
financial capacity includes solvency and ability to conform to good business practices as demonstrated by the applicant's financial statements for the past three years, where applicable, and tax compliance certificates.
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| 9. |
Permits for utilization of forest goods and services
| (1) |
A person who wishes to utilize forest goods or services other than in exercise of a customary right shall make an application to the Service for a permit in the prescribed form.
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| (2) |
The Service shall evaluate the application, and may grant the permit if satisfied that the proposed utilization is sustainable.
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| (3) |
A permit issued under these Rules shall be in Form 1 set out in the Schedule.
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| 10. |
Variation
| (1) |
The Service may vary or cancel a permit—
| (a) |
on the request of the permit-holder; or
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| (b) |
on its own, after giving fourteen days notice to the permit-holder thereof with reasons for such variation or cancellatitin in writing:
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| (2) |
The Service may cancel the permit with immediate effect and without notice where the permit-holder breaches any of the conditions attached to it.
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| 11. |
Determination of areas to be offered
| (1) |
The Service shall in every year determine the areas of State forest suitable for private sector harvesting under timber licenses.
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| (2) |
The Service shall only issue a timber license for a plantation area identified in the management plan as suitable for commercial harvesting.
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| 12. |
Content and duration of timber-liccence
| (1) |
A timber licence issued under these rules shall be in Form 2 set out in the Schedule.
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| (2) |
A timber licence shall be valid for one year from the date of issue.
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| 13. |
Pre-qualification procedure
| (1) |
The Service shall, once every year, pre-qualify suitable persons for the harvesting of timber in state forests following the procedure set out in this rule.
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| (2) |
The Service shall invite applications for pre-qualification by placing a notice—
| (a) |
at a conspicuous place at the Service Headquarters;
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| (b) |
in two newspapers of national circulation; and
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| (c) |
on the website of the Service, or equivalent electronic means available to the public,
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detailing where a person can obtain an application form for pre-qualification, where the completed application form may he submitted, and when submission is due.
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| (3) |
An application under paragraph (2) shall be made to the Service and shall-
| (a) |
specify the name of the applicant, and where the applicant is a business entity, or a forest association, shall be accompanied by the appropriate registration documents;
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| (b) |
present a statement of the applicant's technical and financial capacity to harvest timber; and
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| (c) |
specify the area where they would be interested in conducting harvests.
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| (4) |
The Service may forward applications to the appropriate forest conservation committee for evaluation and recommendations.
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| 14. |
Consideration of applications
| (1) |
The Service shall consider the recommendations of the forest conservation committee and select an applicant qualified to harvest timber based on technical and financial capacity.
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| (2) |
The Service shall issue a pre-qualification certificate to a person pre-qualified under paragraph (1) subject to such terms and conditions as the Service may determine.
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| (3) |
Where the Service rejects an application for a pre-qualification certificate, the Service shall within seven days of the decision notify the applicant in writing.
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| (4) |
Unless earlier revoked, a certificate of pre-qualification shall be valid for a period of two years from the date of issue.
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| 15. |
Offering and advertisment
| (1) |
The Service shall, before advertising for bids on a timber License and in compliance with the existing management plan, prepare a draft timber licence and a prospectus containing: -
| (a) |
information on the identity and description of the forest area, specifying the boundaries on maps;
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| (b) |
an inventory and valuation of the forest resources;
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| (c) |
the specific activities to be undertaken in the area;
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| (d) |
a reserve price for the timber license; and
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| (e) |
a performance bond reasonably reflecting the commercial value of the timber license.
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| (2) |
The Service shall in writing invite interested pre-qualified bidders to submit bids for the timber license and shall publish a notice of the bidding process, at the Service Headquarters, and at the forest stations responsible for the area.
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| (3) |
The Service shall make available to an interested pre-qualified bidder, a copy of the notice prepared under paragraph (1).
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| (4) |
A pre-qualified bidder may, after notifying the Service, visit the forest area that is subject of the announced bidding.
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| 16. |
Bidding procedure
| (1) |
A pre-qualified person wishing to bid for a timber license shall purchase the bid documents and submit a bidding package to the Service, consisting of—
| (a) |
a bid of a fixed payment in a sealed envelope;
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| (b) |
a proposed licence management plan; and
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| (c) |
a bidder's bond equivalent to two percent of the reserve price, which the bidder shall forfeit in case the Service awards the timber licence to the bidder and the bidder decides not to accept it.
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| (2) |
The Service shall, before opening the sealed bids, review the proposed license management plan and inform the bidder of any modifications that may be necessary, at which a bidder may withdraw without forfeiture of the bidder's bond under paragraph (1).
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| (3) |
The Service shall open the sealed bids and read them out in a meeting to which all bidders are invited and the public allowed to attend.
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| 17. |
Selection of a bidder
| (1) |
The highest bidder above the reserve price shall be awarded the timber license and in case of a tie, the Service shall conduct another round of bidding involving the parties who tied.
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| (2) |
If the highest bidder declines the timber-license, it shall be awarded to the next highest bidder above the reserve price.
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| (3) |
The Service shall return all bonds and declare no award if there is no bidder above the reserve price.
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| (4) |
The Service shall inform any unsuccessful bidder of the results within a period of seven days from the time the bidding is completed.
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| 18. |
Award of timber-license
| (1) |
The Service shall award the timber license to the successful bidder.
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| (2) |
A licensee shall, before commencing any harvesting operations post the performance bond specified under rule 15, to cover any damage which might be incurred.
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| (3) |
The Service may, at the request of the licensee, divide the harvest area into units and divide the bid price among the units.
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| (4) |
A licensee shall, before commencing harvest in a particular unit, pay the Service the bid price assigned to such unit.
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| 19. |
Monitoring and evaluation of licensee
The Service shall periodically monitor the operations of the licensee.
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| 20. |
Non-transferability
A timber licence shall not he transferable.
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| 21. |
Content and procedure in grant of special-use licence
| (1) |
A person who wishes to undertake an activity inside a state grant of special-use forest whose primary purpose is to benefit the public in transportation, licence, communication, energy, water supply, research and education or such other purpose as the Service may approve, may apply to the Service in writing for a special-use licence.
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| (2) |
The Service shall evaluate an application received under paragraph (1) and may, after completion of any environmental impact assessment required under the law, issue a special-use licence if satisfied that the proposed activity is in the public interest.
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| (3) |
A special-use licence shall be in Form 3 set out in the Schedule.
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| (4) |
The Service may vary, suspend or cancel a special-use license-
| (a) |
on the request of the holder upon completion of the activity, or for any other cause; or
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| (b) |
on its own after giving fourteen days notice to the holder with reasons for such variation, suspension or cancellation;
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Provided that the Service may cancel the special-use licence with immediate effect where the holder breaches any of the conditions attached to the licence.
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| 22. |
Procedure in the grant of contracts
| (1) |
The Service may, whenever it deems it appropriate to do so, enter into a contract with a suitably qualified person for the performance of a specified activity on its behalf within a State forest which is under its control.
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| (2) |
The activities referred to in paragraph (1) shall be those set out in the management plan and shall include-
| (d) |
forest management and protection:
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| (e) |
preparation and review of management plans:
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| (f) |
resource assessment and valuation:
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| (h) |
construction of buildings:
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| (i) |
general improvement of infrastructure:
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| (k) |
other similar activities within the responsibility of the Service.
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| (3) |
The Service shall consider an offer made under this rule, and subject to the procurement law where appropriate, accept the lowest offer for the performance of a specified activity.
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| (4) |
The Service shall prepare a contract management plan containing details of the contract period, specific activities to be undertaken, the output expected, the expected standard of performance and such other matters as the Service may deem necessary.
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| (5) |
A contract that involves logging shall not grant the contract holder title to the felled timber for off-site use or disposal.
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| 23. |
Main features
| (1) |
The Service may enter into a joint management agreement in the management of state forests.
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| (2) |
The primary purpose of a joint management agreement is to conserve the forest and allow non-consumptive uses. However, an agreement may also allow limited consumptive use of forest resources if sustainable.
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| (3) |
A joint management agreement-
| (a) |
shall be between the Service and a professional association, an educational institution, a research institution, a cooperative society, a forest association, a government agency, or a non-governmental organisation;
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| (b) |
may apply to state plantation or indigenous forests; and
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| (c) |
shall be non-transferable.
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| 24. |
Procedure in the grant of a joint management agreement
| (1) |
The Service shall, before entering into a joint a joint management management agreement—
| (a) |
identify, delineate and describe the forest area for possible joint management;
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| (b) |
conduct an inventory and valuation of the forest resources therein to support the preparation of the joint management plan; and
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| (c) |
invite applications from interested persons by placing a notice on the availability of the area for joint management—
| (i) |
in two newspapers of local circulation near the forest area; |
| (ii) |
at the Service Headquarters; |
| (iii) |
at the forest station where the forest is located; and |
| (iv) |
in such other place as may be suitable to bring the notice to the attention of the local community. |
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| (2) |
A person interested in forest management shall submit an application to the Service through the forest conservation committee responsible for that area within three months from the date of the notice.
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| (3) |
An application under paragraph (2) shall be accompanied by-
| (i) |
a statement of the applicant's technical and financial capability; and |
| (ii) |
a proposed joint management plan prepared in accordance with the guidelines set by the Service. |
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| 25. |
Evaluation of the application
| (1) |
The forest conservation committee shall evaluate an application and submit its comments and recommendations on the qualifications of the applicant to the Service within a period of one month from the date of expiry of the period specified under paragraph (2).
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| (2) |
The Service shall evaluate an applicant on the basis of technical and financial capacity, and invite a qualified applicant to present a proposal for the management of the forest at a public hearing held by the Service.
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| (3) |
The Service shall, after the evaluation and hearing under paragraph (2), select the most suitable applicant or, if pooling applications would lead to a stronger proposal, the most suitable coalition of applicants.
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| (4) |
The Service shall facilitate the formation of a joint management team composed of representatives from the Service and from the selected joint managers to negotiate the creation of a joint management agreement and oversee its implementation.
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| (5) |
The Service shall sign the agreement with the selected joint managers after successful negotiation under paragraph (4).
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| (6) |
The Service shall in writing inform all unsuccessful applicants within fourteen days from the date of the conclusion of the process under this rule.
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| 26. |
Joint management agreement
| (1) |
A joint management agreement shall be in Form 4 set out in the Schedule.
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| (2) |
A joint management agreement shall be valid for ten years, and shall not be renewable for more than two terms.
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| 27. |
Determination of areas to be offered
| (1) |
The Service shall from time to time determine the areas of state forest suitable for management under concessions.
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| (2) |
The Service shall issue concessions for areas identified as suitable for long-term private-sector management in the relevant management plans of the Service.
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| 28. |
Content of concession agreement and duration
| (1) |
The Service shall prepare a model concession agreement which shall specify—
| (a) |
the name of the concession holder;
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| (b) |
the land involved and the activities to be carried out under the concession;
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| (c) |
the duration of the concession;
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| (d) |
the charges payable to the Service including any fees in addition to the annual fees set by bidding, which shall be reviewed every year;
|
| (e) |
a requirement to comply with applicable environmental standards, including forest general guidelines and laws relating to environmental impact assessment;
|
| (f) |
the mechanism for settlement of disputes arising with respect to the concession;
|
| (g) |
monitoring and evaluation procedures;
|
| (h) |
the obligations of the concession holder by way of social responsibility to ensure equity for the local community; and
|
| (i) |
other terms and conditions applicable to the concession.
|
|
| (2) |
The maximum duration of a concession shall be thirty years, which may be renewed once subject to Rule 38.
|
|
| 29. |
Pre-Qualification
| (1) |
The Service shall at least once a year offer a person an opportunity to pre-qualify for bidding on concession agreements following the procedure set out in this rule.
|
| (2) |
The Service may, before inviting a person to pre-qualify establish classes of concessions, including but not limited to eco-tourism or large-scale plantation management.
|
| (3) |
The Service shall invite applications for pre-qualification by placing an advertisement—
| (a) |
at a conspicuous place at the Service Headquarters;
|
| (b) |
in two newspapers of national circulation;
|
| (c) |
on the website of the Service, or equivalent electronic means available to the public; and
|
| (d) |
in such other place as may be suitable for bringing it to the attention of the local communities where the forest is located,
|
|
| (4) |
The advertisement shall specify —
| (a) |
where a person can obtain an application form for pre-qualification;
|
| (b) |
what classes of concessions are open for pre-qualification; and,
|
| (c) |
where the completed application forms may be submitted, and when the application forms are due for submission.
|
|
| (5) |
An application for pre-qualification under paragraph (3) shall be made to the Service in writing and shall—
| (a) |
specify the name of the applicant, and where the applicant is a business entity, or a forest association, be accompanied by the appropriate registration documents;
|
| (b) |
specify the class or classes of concession for which the application is made; and
|
| (c) |
be accompanied by a statement of the applicant's technical and financial capacity to undertake long-term forest management activities.
|
|
| (6) |
The Service shall submit all applications to the appropriate forest conservation committee for evaluation and recommendation.
|
|
| 30. |
Consideration of an application
| (1) |
The Service shall consider the recommendations of the forest conservation committee and select a qualified person based on technical and financial capacity.
|
| (2) |
The Service shall issue a pre-qualification certificate, to a person pre-qualified under paragraph (1), subject to such terms and conditions as it may determine.
|
| (3) |
Where the Service rejects an application for pre-qualification, it shall, within seven days of the decision, notify the applicant in writing.
|
| (4) |
Unless earlier revoked by the Service for just cause, a certificate of pre-qualification shall be valid for a period of five years from the date of issue.
|
| (5) |
Pre-qualified bidders shall inform the Service the areas in which they are interested in conducting concessions.
|
|
| 31. |
Offering and advertisement
| (1) |
The Service shall, before advertising for bids on a concession—
| (a) |
ensure that offering the concession is consistent with the applicable strategic management plan:
|
| (b) |
hold consultations with the local communities; and
|
| (c) |
specify the activities to be undertaken in the area:
|
|
| (2) |
The Service shall prepare a draft concession agreement in accordance with rule 28 and a prospectus containing—
| (a) |
the identity and description the forest area, specifying the boundaries on maps;
|
| (b) |
an inventory and valuation of the forest resources;
|
| (c) |
specific mode, terms and conditions of the payment;
|
| (d) |
a reserve price for the concession; and
|
| (e) |
a performance bond reasonably reflecting the concession's commercial value.
|
|
| (3) |
The Service shall in writing invite interested pre-qualified bidders to submit bids for the concession and shall publish a notice of the bidding process, at the Forest Service Headquarters, and at the forest stations responsible for the area.
|
| (4) |
The Service shall make available a copy of the prospectus prepared under paragraph (2) to a person who requests it.
|
| (5) |
A pre-qualified bidder may, after notifying the Service, visit the forest area subject of the concession.
|
|
| 32. |
Concession bidding procedure
| (1) |
A person wishing to bid for a concession agreement under rule 29 shall purchase the bid documents and submit to the Service an expression of interest consisting of a proposed concession management plan.
|
| (2) |
The Service shall, in consultation with the forest conservation committee of the concession area, review the proposed concession management plans and, within forty-five days after the bid submission deadline, either withdraw the concession for lack of sufficient bidder interest or inform each bidder of any modifications that may be necessary to the plan of the bidder of the concession management agreement.
|
| (3) |
A pre-qualified bidder shall, within fifteen days after receiving the results of the Service's review of the proposed concession management plan, modify the plan if required to do so and submit a bidding package consisting of—
| (a) |
a bid in a sealed envelope; and
|
| (b) |
a bidder's bond equivalent to two percent of the reserve price, which the bidder shall forfeit in case the Service awards the concession and the bidder declines to accept it.
|
|
| (4) |
The Service shall open the sealed bids and read them out in a meeting to which all bidders are invited and the public is allowed to attend.
|
|
| 33. |
Consideration of the bids
| (1) |
The concession shall be awarded to the highest bidder above the reserve price and in case of a tie, the Service shall conduct another round of bidding involving the tied parties.
|
| (2) |
If the highest bidder refuses the concession, it shall be awarded to the next highest bidder above the reserve price.
|
| (3) |
If no bidder is above the reserve price, the Service shall return all bonds and declare no award.
|
| (4) |
The Service shall inform all unsuccessful bidders the results of the bidding within a period of seven days from the time the bidding is completed.
|
|
| 34. |
Announcement of intention to award
| (1) |
The Service shall publish its intention to award the concession to the successful bidder in two daily newspapers of national circulation at least thirty days before the concession is to be signed.
|
| (2) |
The Service shall hear and consider all presentations and objections that may he raised in a process of public consultation.
|
| (3) |
The Service shall, based on the consultation made under rule (2) —
| (a) |
disqualify the bidder based on evidence of improper process or false, misleading, or no longer valid representations by the bidder who pre-qualified or qualified for the concession; or
|
| (b) |
award the concession under rule 31 with an appropriate modification in the draft concession agreement to accommodate concerns expressed in the consultation, however the modification may not lower the annual bid or materially increase the value of the agreement to the winning bidder; or
|
| (c) |
withdraw the concession and make no award, with the option of restarting the process of soliciting bids using a new draft concessions agreement: or,
|
| (d) |
award the concession under rule 35 following the terms of the draft concession agreement.
|
|
| (4) |
If a bidder is disqualified under paragraph (3), the Service shall select the next highest bidder eligible for the award, and it shall then hold new consultations under this rule.
|
| (5) |
If the Service makes a minor modification to the concession agreement under paragraph (2)(b), the bidder may opt to withdraw the bid, in which case—
| (a) |
the Service shall return the bidder's bond: and
|
| (b) |
| (i) |
choose the next highest eligible hid and hold new consultations under this rule; or |
| (ii) |
withdraw the concession and re offer it in modified form. |
|
|
|
| 35. |
Award of concession
| (1) |
The Service shall, after the public consultations specified in rule 34, award the concession to the successful bidder.
|
| (2) |
The concession holder shall, before commencing operations-
| (a) |
post the performance bond, as set under rule 36, to cover any damage which might be incurred; and
|
| (b) |
pay the Service the bid price as set in the concession agreement.
|
|
| (3) |
The performance bond under paragraph (2) shall be reviewed annually to take into account inflation.
|
|
| 36. |
Performance bond
| (1) |
The Service may draw a performance bond against a concession holder to recover unpaid annual fees or to cover damages to the forest caused by the concession holder or the agent of the concession holder.
|
| (2) |
The Service shall require the concession holder to make up the difference when it draws upon the bond under paragraph (1).
|
| (3) |
The Service shall return the remainder of the bond within six months after the expiry of the concession agreement, unless the agreement is renewed.
|
| (4) |
If the winning bidder fails to —
| (a) |
pay the initial hid amount;
|
| (b) |
post the performance bond, or
|
within sixty days after a request by the Service, the Service shall collect the bidder's bond posted under rule 32 (3)(b), and either—
| (a) |
select the highest of the remaining bidders above the reserve price; or
|
| (b) |
reject all remaining bids with the option of restarting the process, and invite all pre-qualified applicants to re-submit bids.
|
|
| (5) |
After the completion of the award process as described in this rule, the Service shall return the bidder's bond of the unsuccessful bidders.
|
|
| 37. |
Review and evaluation
| (1) |
A concession holder shall revise and submit to the Service a concession management plan at least once every five years.
|
| (2) |
The Service shall review the concession management plan and may require such modifications as may be necessary from time to time in compliance with these rules.
|
| (3) |
A concession holder shall prepare and submit an annual operations plan to the Service.
|
| (4) |
The Service shall review the annual operations plan and require such modifications, if any as may be necessary to meet the requirements of the existing management plan and the concession agreement.
|
| (5) |
A concession holder shall only undertake activities consistent with the applicable management plans, except in cases where an emergency action is required because of imminent danger to human life or property.
|
| (6) |
The Service shall undertake a comprehensive evaluation of the management of the concession area once in every fives ears.
|
|
| 38. |
Evaluation and renewal
| (1) |
The Service shall, at least three years before the concession agreement expires, begin a comprehensive evaluation, including public consultation, of the activities of the concession holder under the agreement.
|
| (2) |
The Service may, if the concession holder has carried out a sustainable management of the forest, negotiate a renewal of the concession at an adjusted fee greater than the original annual fee to cover inflation.
|
|
| 39. |
Employmnet of professional foresters
Where the activities under a concession agreement are forestry activities, the concession holder shall employ professional foresters registered by the Forest Society of Kenya to assist in the management of the forest.
|
| 40. |
Transferability
A concession agreement may, with the approval of the Service, be transferred to a third party only if -
| (a) |
the transferee has been in existence for at least six years:
|
| (b) |
the transferee is pre-qualified under these rules to apply for a concession; and
|
| (c) |
the transfer is not being done for the purposes of speculation.
|
|
PART III – COMMUNITY PARTICIPATION
| 41. |
Service to invite community participation
The Service may, whenever circumstances make it necessary or Service to invite appropriate to do so, invite forest associations to participate in the sustainable management of state forests.
|
| 42. |
Types of agreements for community participation
The Service may issue authorizations for community participation for purposes of Rule 41 in the form of—
| (a) |
a community forest management agreement which shall be issued to a forest association to undertake community forestry activities; and
|
| (b) |
a cultivation-permit which shall be issued to members of a forest association to undertake non-resident cultivation.
|
|
| 43. |
Forest management agreements
| (1) |
The Service may enter into a community forest management agreement with a forest association wishing to conserve and utilize a forest for purposes of livelihood, cultural or religious practices.
|
| (2) |
A community forest management agreement shall be in Form 5 as set out in the Schedule to these Rules.
|
|
| 44. |
Management unit
| (1) |
For purposes of community participation, the management unit for a forest shall comprise —
| (a) |
the forest area under the jurisdiction of one forest station; or
|
| (b) |
where geographical factors make separation of the unit into blocks more practical, individual forest blocks within the jurisdiction of one forest station.
|
|
| (2) |
Each management unit shall be under a separate forest association, and the Service may decide whether the parties shall develop individual community management plans for each management unit or combined community management plans covering more than one unit.
|
| (3) |
Where more than one forest association makes an application in respect of the same management unit, the Service shall encourage them to consolidate themselves into one association for purposes of the application.
|
| (4) |
In cases where forest associations fail or refuse to consolidate into one, the Service may conclude an agreement with the forest association which—
| (a) |
has the capacity to implement the activities set out in the community management plan; and
|
| (b) |
is most representative of the interests of the wider forest community.
|
|
|
| 45. |
Procedure for entering into a community forest management agreement
| (1) |
The Service and the forest community shall, before entering into a community forest management agreement —
| (a) |
identify the forest area proposed to be the subject of the agreement and its resources;
|
| (b) |
assess the method in which the forest community utilises the forest and the impact of such method; and
|
| (c) |
facilitate the formation of forest associations based on existing community structures.
|
|
| (2) |
Once a forest association is formed, the Service and the forest association shall —
| (a) |
facilitate the preparation or adoption of a community forest management plan in respect of the forest area; and
|
| (b) |
negotiate, draft and sign a community forest management agreement in respect of the forest area.
|
|
| (3) |
The Service shall apply the Participatory Forest Management Guidelines in the implementation of community participation in forest management.
|
| (4) |
The Service shall, in consultation with the stakeholders, from time to time review and revise the guidelines specified under paragraph (3).
|
|
| 46. |
Forest-level management committee
The Service shall initiate the formation of a forest-level management committee consisting of-
| (a) |
representatives from the Service;
|
| (b) |
representatives from the forest association; and
|
| (c) |
other stakeholders in the area, to assist the forest association in the implementation of the community forest management agreement.
|
|
| 47. |
Monitoring of implementation
| (1) |
The Service shall monitor and evaluate the implementation of the community forest management plan.
|
| (2) |
The forest association shall review the findings made under paragraph (1) and together with the Service, may revise or alter the community forest management plan based on the findings.
|
|
| 48. |
Technical assistance from the Service
The Service shall provide technical assistance and capacity building to a forest association so as to empower it to perform its functions under these rules.
|
| 49. |
Commercial activities
| (1) |
Where a forest association, in implementing a community forest management agreement, engages in commercial activities, die association shall comply with all the laws for the time being in force for the regulation of such activities.
|
| (2) |
Any violation of laws under paragraph (1) shall be deemed to be a breach of the community forest management agreement.
|
|
| 50. |
Agreement with forest Association
| (1) |
The Service may enter into a written agreement with a forest association to allow its members to engage in non-resident cultivation in adjacent forest areas.
|
| (2) |
The Service shall only allow non-resident cultivation in areas intended for the establishment of industrial plantations.
|
|
| 51. |
Zoning of forest areas
| (1) |
The Sery ice shall for the purposes of Rule 50-
| (a) |
identify and zone off the forest areas available for such cultivation;
|
| (b) |
demarcate individual plots, which shall he of a minimum size of one quarter hectare and of a maximum size set by the Service based on local conditions; and
|
| (c) |
prepare a sketch map of all the plots, and display it prominently at the forest station responsible for the forest area.
|
|
| (2) |
The Service may open up new areas for cultivation in accordance with the approved planting programmes.
|
|
| 52. |
Where plots may not be allocated
The Service shall not allocate a plot—
| (a) |
within an important water catchment area or a source of a spring;
|
| (b) |
on a slope exceeding thirty percent inclination;
|
| (c) |
within thirty metres on either side of a river course or wetland, spring or other water source; or
|
| (d) |
in a firebreak, road reserve, natural glade, natural forest area and an area under mature plantation.
|
|
| 53. |
Allocation of plots
| (1) |
The Service shall allocate a plot using a balloting system organised through the forest association.
|
| (2) |
A person allocated a plot under paragraph (1) shall be issued with a cultivation-permit, in form 6 as set out in the Schedule to these Rules.
|
| (3) |
The Service and the forest association shall ensure that the method of allocation gives preference to the poor and vulnerable members of the community.
|
|
| 54. |
Conditions for permits
| (1) |
A holder of a cultivation-permit issued under rule 53 shall be subject to the following conditions—
| (a) |
plant only annual crops approved by the Service.
|
| (b) |
render assistance to the Service upon request in—
| (i) |
beating up or replanting, whichever may be appropriate, in cases of low survival rate of seedlings; |
| (ii) |
controlling illegal forest activities; and |
| (iii) |
preventing or fighting forest fires. |
|
| (c) |
not lease, sublet or sell the allocated plot;
|
| (d) |
use only hand tools for land preparation; and
|
| (e) |
not erect any structure on the plot allocated, except, with written permission from the Service, in areas with high incidences of game damage.
|
|
| (2) |
A holder of a cultivation permit shall pay the annual rental fees upon allocation of the plot and subsequently after every twelve months.
|
| (3) |
A person who breaches the conditions of a cultivation-permit shall be guilty of an offence under the Act, and the Service shall withdraw the permit forthwith.
|
|
| 55. |
Period of cultivation
| (1) |
The holder of a cultivation permit shall vacate the plot to which the cultivation permit relates after a period of three years.
|
| (2) |
The Service shall not be under any obligation to allocate another plot to a holder of cultivation permit after the cultivation-permit issued to the holder has expired.
|
|
| 56. |
Planting of seedlings
The planting of tree seedlings shall be done after the completion of one crop season, and the holder of the cultivation permit shall not interfere with the growth or development of the seedlings or trees.
|
| 57. |
Monitoring by forest association
The forest association shall assist the Service in the monitoring of the activities of permit-holders and shall ensure that none of its members or agents takes any action which harms the planted seedlings.
|
| 58. |
Operational guidelines
| (1) |
The Service shall, before issuing a cultivation-permit, issue a comprehensive operational guideline for the implementation of non-resident cultivation.
|
| (2) |
The Service may from time to time revise the guidelines.
|
|
PART IV – General Provisions
| 59. |
Transitional provisions
| (1) |
For an authorisation other than a concession applied for within five years of the commencement of these Rules, where there is no management plan governing the area of an application, the Service shall evaluate the site-specific management plan based on whether it is consistent with sustainable management of resources.
|
| (2) |
Where there is no forest conservation committee in a forest conservancy area, an application made under these Rules shall be evaluated by the Service.
|
|
| 60. |
Verification of various existing authorisations
| (1) |
A person who holds an authorisation issued prior to coming into effect of these Rules shall, submit a copy to the Service within a period of twelve months from the date of commencement of these Rules for verification and confirmation.
|
| (2) |
The Service shall, within one month after the commencement of these Rules, notify, by appropriate means, the person referred to in paragraph (1).
|
| (3) |
Failure to submit an authorisation as required under paragraph (1) may be used by the Service as a ground for the revocation, amendment or cancellation of the authorisation.
|
|
| 61. |
Forms and documents under these rules
An application or authorisation under these Rules shall be in the form prescribed in the schedule.
|
| 62. |
Fees
| (1) |
Where these Rules call for the Service to charge fees and do not set those fees by public bidding, the Service shall, by notice in Gazette, publish a schedule of the fees or an objective formula for calculating such fees.
|
| (2) |
The Service shall from time to time review and revise the fees payable under these Rules.
|
| (3) |
The fees payable under these Rules shall be subject to the approval of the Board.
|
| (4) |
In this Rule, "fees" includes royalties and other charges payable to the Service.
|
|
| 63. |
Applicable law
The provisions of the Public Procurement and Disposal Act and the principles of the law of contract shall apply to the procedure for the award of a licence, contract and concession under these Rules.
|
| 64. |
Repeat advertisement
| (1) |
Where no suitable applicant is found after advertising for the issuance of an authorisation, the Service may repeat the advertisement in the same or different terms.
|
|
| 65. |
Registers
The Service shall maintain a register of all authorisations issued under these Rules, and a member of the public may inspect it or obtain a copy or an excerpt during working hours, upon payment of such fees as may be prescribed.
|
| 66. |
Compliance with other laws
These rules shall not exempt a person authorised pursuant to these rules from the requirements of the any written law governing environmental matters or other written law.
|
| 67. |
Liability under other laws
The suspension or cancellation of an authorization shall not exempt the holder or where the holder is a body corporate, its Board of Directors or officers, from liability under the Act or any other written law.
|
| 68. |
Forest to remain property of State
| (1) |
A forest which is the subject of an authorisation under these Rules shall be and remain the property of the State.
|
| (2) |
The rights to the land and underlying minerals or other resources shall not be deemed to be transferred to any person who is a holder of an authorisation or party to an agreement under these Rules.
|
|
| 69. |
Appeals
A person who is aggrieved by the decision of the Service with respect to an application for an authorisation or the action of the Service with respect thereto may appeal to Appeals Tribunal under Environmental Management and Coordination Act.
|
SCHEDULE
| 1. |
PARTIES
This licence is made this day of 20 between the Kenya Forest Service of P.O. BOX ................. Nairobi ("the Service") and ................. of P.O. BOX ................... bearer of pre-qualification certificate number ("the licensee"). The Service and the licensee are jointly referred to as "the parties"
|
| 2. |
| (a) |
The Service grants this licence to the licensee for the sole purpose of harvesting timber in Sub-Compartment .......................... at .................. Forest Station in Forest Division ("the forest area").
|
| (b) |
The forest area(s) measures hectares comprising of species and its boundaries are better described as an annex to this form.
|
| (c) |
This annex forms an integral part of this licence.
|
|
| 3. |
TRANSFERABILITY
This licence is not transferable.
|
| 4. |
DURATION
This licence is for a period of from the date of issue ("the licence period").
|
| 5. |
| (a) |
The licensee shall carry out only those activities outlined in this licence.
|
| (b) |
The licensee shall comply with the provisions of the Forests Act and any rules made there under and also with the terms and conditions of this licence.
|
| (c) |
The Service may cancel this license should the licensee commit any breach of the Forests Act or of any rules made there under or of the terms, obligations and conditions of this licence.
|
|
| 6. |
BASIC WARRANTIES OF THE LICENSEE
| (a) |
The licensee is duly incorporated or registered or validly existing and in good standing.
|
| (b) |
The licensee shall retain its power, ability and competence in carrying out the rights and obligations under this agreement.
|
|
| 7. |
| (a) |
This licence is subject to the provisions of the Forests Act.
|
| (b) |
The Service allows harvest of coupes or trees under this license on an "as-is-where-is" basis and offers no warranty or guarantee as to the conditions of the trees.
|
|
| 8. |
| (a) |
The licensee has the exclusive right to harvest the coupe or trees under this licence.
|
| (b) |
The licensee, its servants, employees and agents may enter the forest area for the purposes of carrying out activities to fulfill the requirements of this licence.
|
|
| 9. |
OBLIGATIONS OF THE SERVICE
| (a) |
The Service shall permit the licensee, its servants, employees and agents access to the forest area using a designated path, road or route for the purposes of carrying out activities to fulfill the requirements of this licence.
|
| (b) |
The Service shall periodically monitor the operations of the licensee.
|
|
| 10. |
OBLIGATIONS OF THE LICENSEE
| (a) |
The licensee shall cut all trees or coupes and within the duration required under this licence.
|
| (b) |
The licensee is responsible for the acts of his agents or employees in the forest area.
|
| (c) |
The licensee shall supply the Service a nominal roll of employees, agents and servants giving registration number and any other details required by the Service. The licensee shall supply the roll at the commencement of the licence period and monthly thereafter. The licensee may not employ more than persons during any one month on work to be carried out under this licence.
|
| (d) |
All equipment which may be used for logging operations shall be removed from the forest area not more than thirty days after the date on which the licence expires or has been cancelled. Should the licensee fail to comply with this condition all claim to such equipment shall be forfeited which then shall be deemed to be the property of the Sery ice and may be disposed of in such manner as the Director of the Service may deem fit.
|
| (e) |
(i) The licensee may use only such roads on the forest as are approved by the Service. The Service may prohibit the use of such roads at any time and may also specify the type of vehicle to be used on them.
| (ii) |
The Service may require the licensee to repair to the Service's satisfaction, any damage caused to roads and bridges in the forest area of the licensee, agents, servants or employees. |
| (iii) |
The licensee must ensure that no road, track, footpath, watercourse or stream is obstructed as a result of its operations. |
|
| (f) |
(i) The licensee must ensure that his operations do not pollute any stream, water body or wetland and it must take such actions as may be required by the Service to prevent such pollution.
| (ii) |
The licensee must ensure also that his operations do not directly affect the amount of flow of any stream or watercourse. |
| (iii) |
The licensee shall observe the provisions of the Water Act. |
| (iv) |
The licensee shall comply with the applicable environmental standards, including laws relating to environmental impact assessment. |
| (v) |
The licensee shall honor any customary rights existing in the forest area. |
| (vi) |
The licensee shall protect other forest resources in the forest area. |
|
| (g) |
The licensee must ensure that his operations do not cause soil erosion and must take such action as may be required"by the Service to prevent or cure soil erosion.
|
| (h) |
The licensee, its employees, servants or agents shall extinguish any fire that may occur in or near its forest area.
|
| (i) |
The licensee, its employees, servants or agents shall give assistance to the Service, if required, in preventing, reporting, apprehending and prosecuting offenders under the Forests Act.
|
| (j) |
The licensee shall not cut forest produce unless the Service has marked the produce for that purpose or has given written authority for cutting in a coupe demarcated on the ground. If the licensee cuts any other forest produce, the licensee shall pay the Service the market value of the unprocessed forest produce, delivered to the mill or market, multiplied by three.
|
| (k) |
The Licensee must fell and cross-cut all trees by saw, axes being used only to obtain felling direction and to trim branches from the trees. All trees must be felled as close as possible to ground level. All trees must be cross-cut to give the maximum length of log down to a diameter of .............. centimeters. The Service may measure timber wasted by leaving high stumps or by incorrect cross-cutting and the licensee shall pay for that wasted timber at double the royalty rate.
|
| (l) |
The licensee shall pay compensation for any damage done to standing trees due to faulty felling and extraction or due to any other cause occasioned by carelessness or negligence. The Service shall calculate compensation based on the estimated volume of the damaged tree or trees at the market value. The damaged tree or trees remain the property of the Service.
|
| (m) |
The licensee shall not remove forest produce from the forest area until the Seivice has measured where necessary, the forest produce, marked it with a marking hammer where necessary, and collected the appropriate fee in full in accordance with the Timber Act (Cap. 386) Laws of Kenya.
|
| (n) |
All forest produce not removed within thirty days after the expiry of the licence period or after the termination of the licence are the property of the Service and the Service shall dispose of the forest produce as it deems fit.
|
| (o) |
The Director of the Service shall appoint an appropriate officer of the Service to represent the Service in implementing the provisions of this licence in the forest area.
|
|
| 11. |
FEES, TAXES, LEVIES, CHARGES AND BID PRICES
| (a) |
The licensee undertakes to pay such fees, charges or hid prices as prescribed under the Forests Act and regulations and as follows:
i) ..................................
ii) .................................
iii) ................................. etc
|
| (b) |
The licensee shall be responsible to pay salaries and emoluments to its employees, agents and servants that it may engage for the implementation of this licence.
|
| (c) |
Nothing under this licence exempts the licensee from paying taxes required under the laws of Kenya.
|
|
| 12. |
INDEMNITY, RISK AND LIABILITY
| (a) |
The licensee shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this licence or any breach of any of the obligations on the part of the licensee contained in this licence or the exercise or purported exercise of the rights given herein.
|
| (b) |
The licensee shall ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks such harm from wildlife, fires, rivers, falling trees and other objects associated with the license and the forest area.
|
| (c) |
In this regard, the Service shall not be liable for any injury, loss or damage occurring to the licensee its members, employees, servants, agents, goods or equipment.
|
|
| 13. |
| (a) |
Where the licensee is aggrieved by the decision of the Service, it may within thirty days after being notified of the decision, appeal to the Board of the Service against the decision.
|
| (b) |
In the event of either of the parties being dissatisfied thereafter, the dissatisfied party may submit the dispute for arbitration, in accordance with the Arbitration (Act No 4 of 1995) Laws of Kenya.
|
| (c) |
The cost of arbitration shall be borne equally by both parties.
|
| (d) |
The arbitration shall take place at the headquarters of the forest conservancy area where the forest area is situated.
|
|
| 14. |
TERMINATION AND WITHDRAWAL OF LICENCE
| (a) |
The Service may terminate or withdraw this licence where the licensee breaches its terms or conditions.
|
| (b) |
Where the Service intends to terminate or withdraw the licence it shall give the licensee thirty days' notice to show cause why the licence should not be terminated or so withdrawn. During this period the licence shall be suspended
|
|
| 1. |
PARTIES
This licence made between the Kenya Forest Service (hereinafter "the Service") of P.O. BOX ............. Nairobi and of P.O. BOX ............ (hereinafter "the licensee"). The Service and the Licensee are jointly referred to as "the parties".
|
| 2. |
| (a) |
This licence is issued to the licensee for the purposes of permitting the licensee to undertake the activities listed in Annex 1 to this Form hereto in Sub-compartment ................ in the ............Forest Block located at ....................... Forest Station in ................... Forest Division ("the Forest Area").
|
| (b) |
This special use licence is issued pursuant to the determination by the Service that the primary purposes of those activities listed in the Annex 1 to this Form are in the public interest.
|
| (c) |
The forest area in which the activity will be carried out by the parties shall comprise ........... (in words) hectares and its boundaries are better described in the Annex 2 to this Schedule.
|
| (d) |
These Annexes form an integral part of this licence.
|
|
| 3. |
| (a) |
This licence shall not be transferable.
|
| (b) |
This licence may be assigned only with the written approval of the Service.
|
| (c) |
The Service shall not approve an assignment of this licence which would depart from the main objectives and purpose set out in this licence.
|
| (d) |
The licensee is liable for all the activities, acts and omissions of the assignees of its rights under this licence.
|
| (e) |
This licence does not give the licensee exclusive possession of the forest area or any part thereof and does not create nor is it intended to create a lease or tenancy in any way whatsoever.
|
|
| 4. |
DURATION
This licence shall be for a term of years from the date of issue.
|
| 5. |
| (a) |
The licensee shall make payment as follows:
|
i. Licence fees ................
ii. Annual fees ................
iii. Any other fees as determined by the Service ..............
| (b) |
The licence fees shall be paid immediately prior to the issue of this licence.
|
| (c) |
The annual fees and any other fees shall be paid within thirty (30) days of being due and failure to pay such fees shall render this licence void.
|
| (d) |
The Service shall review the annual fees payable by the licensee and where this occurs the licensee shall be informed in writing.
|
|
| 6. |
BASIC WARRANTIES OF THE SERVICE
| (a) |
The forest area is a state forest.
|
| (b) |
At the time of making this licence, the property rights attached to the forest area consist of the easements, rights of way, servitudes, mineral rights, any customary rights established under Section 22 of the Forests Act, 2005 or other claims of record and the Government's own right of ownership.
|
|
| 7. |
BASIC WARRANTIES OF THE LICENSEE
| (a) |
The licensee is duly incorporated or registered or validly existing and in good standing.
|
| (b) |
The licensee shall retain its power, ability and competence in carrying out its rights and obligations under this licence.
|
|
| 8. |
| (a) |
This licence is subject to the Forests Act, (Act No 34 of 2016).
|
| (b) |
The Service shall have the right to inspect records kept by the licensee.
|
|
| 9. |
| (a) |
The licensee has a right to carry out those activities listed in Annex 1 to this license.
|
| (b) |
The licensee, its servants, employees and agents shall have the right to enter the forest area for the purposes of carrying out the activities to fulfill the requirements of this licence.
|
|
| 10. |
OBLIGATIONS OF THE SERVICE
The Service shall allow access to the forest area of the licensee, its servants, employees and agents using a designated route, road or path for the purposes of carrying out activities to fulfill the requirements of this licence.
|
| 11. |
OBLIGATIONS OF THE LICENSEE
| (a) |
| (i) |
ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks and harm from wildlife, fires, rivers, falling trees and other objects, risks and harms in the forest and in the event of such events occurring shall not hold the Service liable. |
| (ii) |
protect sacred groves and protected trees. |
| (iii) |
assist the Service in enforcing the provisions of the Forests Act (Act No 34 of 2016) and any rules and regulations made pursuant thereto, in particular in relation to illegal harvesting of forest produce and hunting of game. |
| (iv) |
inform the Service if the licensee becomes aware of any developments, changes and occurrences within the forest which are critical for the conservation of biodiversity. |
| (v) |
take precautions against fire, and where it occurs take all necessary measures to put out the fire. |
| (vi) |
take precautions against destruction of trees and other forest resources and produce and where it occurs report to the Service. |
| (vii) |
do any other act that is necessary for the efficient conservation and management of the forest. |
| (viii) |
use the forest area in a manner consistent with the approved management plan. |
| (ix) |
keep written records of all activities conducted in the forest area and preserve such records for at least six years from when first written or for duration of this licence, whichever is longer. |
| (x) |
obtain and maintain at its own cost all other necessary consents, licences and approvals from the relevant authorities for its permitted use. |
| (xi) |
pay to the Service the licence fees, annual fee and other fees and levies when due for the duration of the licence. |
| (xii) |
not do or permit any act that would interfere with the work of the Service. |
| (xiii) |
not pollute, damage, or disturb land or water, except with permission of the Service or other appropriate agency of the Government of Kenya. |
| (xiv) |
not cause or permit a nuisance or trespass, whether on lands of the Service or lands owned or occupied by others. |
| (xv) |
not interfere with the use of the land by the Service or any other person authorized by the Service. |
| (xvi) |
remove all equipment from the site and the land within thirty days of termination of this licence. |
| (xvii) |
observe all the Service's security, access and other rules, regulations, procedures and reasonable instructions that may from time to time be issued by the Service. |
| (xviii) |
maintain public liability or other third party liability insurance in respect of any injury loss or damage to any persons or property arising out of the exercise of the licensee's rights and upon written request provide proof of such insurance to the Service. |
| (xix) |
pay all charges and keep the Service indemnified in respect of the electricity, water and other utilities consumed by the licensee. |
|
| (b) |
This licence does not give the licensee the right to mining, quarrying, logging, timber extraction or other activities.
|
| (c) |
Nothing under this licence exempts the licensee from paying such taxes, fees and levies as it may be required under the Laws of Kenya.
|
|
| 12. |
| (a) |
In the event of a dispute concerning this licence or its implementation the parties may submit the dispute for arbitration, to he resolved in accordance with the Arbitration Act (Act No. 4 of 1995) Laws of Kenya.
|
| (b) |
The cost of arbitration shall he borne equally by both parties.
|
| (c) |
The arbitration shall take place in Nairobi.
|
|
| 13. |
VARIATION
This licence may he cancelled by the Service -
| (d) |
On the request of the licensee; or
|
| (e) |
On its own after giving fourteen days' notice to the holder with reasons for such variation or cancellation; or
|
| (f) |
Immediately if the licensee is in breach of any terms and conditions prescribed herein.
|
|
| 14. |
INDEMNITY, RISK AND LIABILITY
| (g) |
The licensee shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this licence or any breach of any of the obligations on the part of the licensee contained in this licence or the exercise or purported exercise of the rights given herein.
|
| (h) |
The licensee shall ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks such as harm from wildlife, fires, rivers, falling trees and other objects associated with the license and the forest area.
|
| (i) |
In this regard, the Service shall not be liable for any injury, loss or damage occurring to the licensee its members, employees, servants, agents, goods or equipment.
|
|
JOINT FOREST MANAGEMENT AGREEMENT
| 1. |
PARTIES
This agreement is made this ................ day of ......... 20 .......... between the Kenya Forest Service of P.O. BOX Nairobi on one hand (hereinafter referred to as "the Service") and of P.O. BOX on the other hand (hereinafter referred to as "Joint Manager"). The Service and the Joint Manager are jointly referred to as "the parties".
|
| 2. |
| (a) |
The parties make this agreement for the purposes of jointly managing the Forest located at Forest Station in Forest Division ("the forest area") as per the attached joint management plan in the Annex 1 to this Form.
|
| (b) |
The forest area comprises (In words) hectares and its boundaries are for the purposes of identification described in the sketch plan bordered in red in the Annex 2 to this Form.
|
| (c) |
The primary purpose of this joint management agreement shall be to conserve the forest and allow non-consumptive uses of the forest area in accordance with the joint management plan.
|
| (d) |
The Annexes are an integral part of this agreement.
|
|
| 3. |
| (a) |
This agreement is not transferable.
|
| (b) |
Subject to Section 37(8) of the Forests Act, (Act No 34 of 2016) the Joint Manager may assign all or any of the rights under this agreement only with the written approval of the Director of the Service.
|
| (c) |
The Director of the Service shall not approve an assignment of this agreement which would depart from the main objectives and purpose set out in this agreement.
|
| (d) |
The Joint Manager remains liable for all the activities, acts and omissions of the assignees of its rights under this agreement.
|
|
| 4. |
DURATION
This agreement is for a term of .................... Years from ................
|
| 5. |
| (a) |
The Joint Manager shall carry out those activities as outlined in the joint management plan.
|
| (b) |
The Joint Manager may, with the written approval of the Service enter into partnership with other persons for the purposes of ensuring efficient and sustainable conservation and management of the forest area.
|
|
| 6. |
BASIC WARRANTIES OF THE SERVICE
| (a) |
The forest area is state forest.
|
| (b) |
At the time of making this agreement, the property rights attached to the forest area consist of the easements, rights of way, servitudes, mineral rights, any customary rights established under Section 22 of the Forests Act, other claims of record and the Government's own right of ownership.
|
1This objective may vary, Regulation 22(a) provides that a joint management agreement may also allow limited consumptive use of forest resources if sustainable.
|
| 7. |
BASIC WARRANTIES OF THE JOINT MANAGER
| (a) |
The Joint Manager is duly incorporated or registered or validly existing and in good standing.
|
| (b) |
The Joint Manager shall retain its power, ability and competence in carrying out its rights and obligations under this agreement.
|
|
| 8. |
| (a) |
This agreement is subject to the Forests Act.
|
| (h) |
The Service may inspect such records kept by the Joint Manager.
|
|
| 9. |
RIGHTS OF THE JOINT MANAGER
The Joint Manager, its servants, employees and agents may enter the forest area using such designated roads, routes or paths to carry out activities to fulfill the requirements of this agreement.
|
| 10. |
OBLIGATIONS OF THE SERVICE
| (a) |
The Service shall allow access to the forest area of the Joint Manager, its servants, employees and agents for the purposes of carrying out activities to fulfill the requirements of this agreement.
|
| (h) |
The Service shall approve the annual operations plans subject to the plans being consistent with the objectives of the joint management plan.
|
| (c) |
The Service shall keep written records of all activities conducted in the forest area.
|
|
| 11. |
OBLIGATIONS OF THE JOINT MANAGER
| (a) |
The Joint Manager shall ensure that its employees, servants and agents take precaution and measures to protect themselves against risks and harm from wildlife, fires, rivers, cliffs, falling trees and other objects, risks or harms associated with the forest area and in the event of such events occurring shall not hold the Service liable.
|
| (b) |
The Joint Manager shall protect sacred groves and protected trees.
|
| (c) |
The Joint Manager shall assist the Service in enforcing the provisions of the Forests Act and any rules and regulations made pursuant thereto, in particular, those concerning illegal harvesting of forest produce and hunting of game.
|
| (d) |
The Joint Manager shall keep the Service informed of any developments, changes and occurrences within the forest which affect the conservation of biodiversity.
|
| (e) |
The Joint Manager shall patrol the forest area, in close cooperation with the Service, to protect the forest. The Joint Manager shall provide the patrols with means of communication to enable communication with the appropriate Service forest guard station.
|
| (f) |
The Joint Manager shall provide labour, tools and equipment for the forest management operations.
|
| (g) |
The Joint Manager shall take precautions against theft or destruction of tress and other forest resources and produce.
|
| (h) |
The Joint Manager shall take such precautions against occurrence fire and where it occurs, help in fire fighting.
|
| (i) |
The Joint Manager shall in consultation with the Service, prepare an annual operations plan for the forest area. The Joint Manager shall ensure that the annual operations plan is consistent with the management plan and the annual operations plan shall be subject to the approval of the Service.
|
| (j) |
The Joint Manager shall keep written records of all activities conducted in the forest area and preserve those records for at least six years from when first written or throughout the duration of this agreement whichever is longer.
|
| (k) |
This joint agreement does not give the Joint Manager the right to mining, quarrying, logging, timber extraction or other activities.
|
|
| 12. |
| (a) |
To ensure effective implementation of this joint agreement a joint management team shall be appointed consisting of the following persons:
| (i) |
Two officers of the Service designated by the Director, one who is a disciplined officer and the other a professional officer of the Service; |
| (ii) |
Two persons appointed by the Joint Manager; |
| (iii) |
One person representing the community forest association in the forest station appointed by the Service. |
|
| (b) |
With the assistance of the Service and the Joint Manager, the joint management team shall update the forest management plan every five years, and the updated forest management plan shall be subject to approval by the Service.
|
| (c) |
The joint management team shall meet on a periodic basis to be agreed by the parties to monitor the progress of implementation of this agreement in accordance with the joint management plan. However, the Service shall have the ultimate authority in monitoring the implementation of this agreement.
|
| (d) |
The joint management team shall keep written records of their meetings and they shall submit these records to the Service on a regular basis in accordance with the joint management plan.
|
|
| 13. |
COSTS AND BENEFIT SHARING ARRANGEMENT
| (a) |
The Joint Manager undertakes to pay such fees as prescribed under the Forests Act and regulations including annual fees and other fees to facilitate such other activities as may fall within the ambit of this agreement.
|
| (b) |
Except as otherwise stated in this agreerhent, the costs of implementing this agreement and the benefits accruing shall be shared according to the Annex 3 to this Form. This Annex is an integral part of this agreement.
|
| (c) |
Nothing under this agreement exempts the Joint Manager from paying such taxes, fees and levies as it may be required under the Laws of Kenya.
|
|
| 14. |
| (a) |
In the event of a dispute concerning this agreement or its implementation the parties may submit the dispute for arbitration, to be resolved in accordance with the Arbitration Act (Act No. 4 of 1995) Laws of Kenya.
|
| (b) |
The cost of arbitration shall be borne equally by both parties.
|
| (c) |
The arbitration shall take place in Nairobi.
|
|
| 15. |
VARIATION
This agreement may be varied by mutual consent of both parties provided that the variation does not alter the objectives and purpose of this agreement, is within the provisions of the Forests Act, rules and regulations and is in writing.
|
| 16. |
SUSPENSION
The Service may suspend this agreement in the following circumstances:
| (a) |
Where the Joint Manager is found by an arbitrator to have breached the terms of this agreement and does not remedy the breach as provided-in-the arbitral award.
|
| (b) |
Where overwhelming acts of third parties or nature make it temporarily impossible for a party to comply with this agreement.
|
| (c) |
Where the implementation of this agreement is not consistent with the forest management plan.
|
| (d) |
Where the employees, agents or servants of the Joint Manager carry out activities that are contrary to the provisions of the Forests Act, (Act No 34 of 2016) the Wildlife (Conservation and Management) Act, (Act No 47 of 2013) the Water Act and such other Acts, regulations and rules that may apply.
|
|
| 17. |
TERMINATION
This agreement may be terminated in the following circumstances:
| (a) |
By operation of law, where the Joint Manager is deregistered, dissolved or in receivership.
|
| (b) |
By the written order of an arbitrator, where an arbitrator finds a party to this agreement having breached the agreement and the breach is not remedied as provided in the arbitral award.
|
| (c) |
By the Service delivering written notice to the Joint Manager, if any fees, levies or dues payable to the Service under this agreement remain unpaid for thirty days.
|
| (d) |
By either party delivering a written notice of termination to the other party, at least three months after either party issues written notice to the other of its intention to terminate this agreement.
|
|
| 18. |
MONITORING AND EVALUATION
| (a) |
The Joint Manager shall make such periodic reports to the Service as may be required under the joint management plan as agreed by the parties.
|
| (b) |
The Joint Manager shall keep written records of all activities conducted in the forest area and preserve those records for at least six years from when first written or throughout the duration of this agreement whichever is longer.
|
|
| 19. |
INDEMNITY, RISK AND LIABILITY
| (a) |
The Joint Manager shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this agreement or any breach of any of the obligations on the part of the Joint Manager contained in this agreement or the exercise or purported exercise of the rights given herein.
|
| (b) |
The Joint Manager shall ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks such as harm from wildlife, fires, rivers, falling trees and other objects associated with the agreement and the forest area.
|
| (c) |
In this regard, the Service shall not be liable for any injury, loss or damage occurring to the Joint Manager its members, employees, servants, agents, goods or equipment.
|
|
| 20. |
| (a) |
This agreement does not create any kind of joint venture or partnership between the parties.
|
| (b) |
This agreement does not make either party the agent of the other.
|
| (c) |
This agreement does not give the Joint Manager exclusive possession of the forest area or any part thereof and does not create nor is it intended to create a lease or tenancy in any way whatsoever.
|
Annex I
JOINT MANAGEMENT PLAN
Annex 2
SKETCH PLAN
Annex 3
COST/BENEFIT SHARING MODE
FORM 5 r. 43
|
COMMUNITY MANAGEMENT AGREEMENT PARTIES
This agreement is made this ............ day of .......... 20 ............ between the Kenya Forest Service of P.O. BOX ..................... Nairobi on one hand (hereinafter referred to as "the Service") and ........... Community Forest Association of P.O. BOX .................... on the other hand (hereinafter referred to as "the Association"). The Service and the Association are jointly "the parties".
| 2. |
| (a) |
The parties enter into this agreement for the purposes of granting the Association permission to participate in the conservation and management of Forest located at Forest Station in Division ("the forest area") as per the attached site-specific management plan.
|
| (b) |
The forest area comprises hectares and its boundaries are better described in the sketch plan.
|
| (c) |
The sketch map and the management plan form an integral part of this agreement.
|
|
| 3. |
ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT
| (a) |
The Association may only assign this agreement with the written approval of the Service.
|
| (b) |
The Service through the Director shall not approve an assignment of this agreement which would depart from the main objectives and purpose set out in this agreement.
|
| (c) |
The Association is liable for all the activities, acts and omissions of the assignees of its rights under the agreement.
|
|
| 4. |
DURATION
This agreement has a term of ...................... years from ................
|
| 5. |
AUTHORISED ACTIVITIES
i. The Association may carry out those activities outlined in the site-specific forest management plan.
ii. The Association may, with the written approval of the Service, enter into partnership or agreements with other persons for the purposes of ensuring efficient and sustainable conservation and management of the forest area.
|
| 6. |
BASIC WARRANTIES OF THE SERVICE
i. The forest area is a state forest.
ii. At the time of making this agreement, the property rights attached to the forest area consist of:
a) the easements, rights of way, servitudes, mineral rights, or other claims of records listed in the schedule to this agreement
b) any customary rights established under section 22 of the Forests Act, and
c) the Government's own right of ownership and these rights shall remain during the tenure of this agreement.
|
| 7. |
BASIC WARRANTIES OF THE ASSOCIATION
i. The Association is duly incorporated or registered or validly existing and in good standing.
ii. The Association shall retain its power, ability and competence in carrying out its rights and obligations under this agreement.
|
| 8. |
RIGHTS OF THE SERVICE
i. This agreement is subject to the provisions of the Forests Act, (Act No 34 of 2016).
ii. The Service may inspect records kept by the Association from time to time.
|
| 9. |
RIGHTS OF THE ASSOCIATION
The Association, its members, servants, employees and agents shall have the right to enter the forest area for the purposes of carrying out activities to fulfill the requirements of this agreement.
|
| 10. |
USER RIGHTS
i. The Association shall have the following user rights:
i) .......................................
ii) ......................................
iii) .....................................
ii. Subject to Section 47 of the Forests Act, the Service through the Director may, in consultation with the Association, make rules regulating the performance of any of the above user rights.
iii. The grant of the user rights shall not exclude the Association or its members from paying such fees, taxes and levies required for the exercise of the right or carrying out of activity or by any law.
|
| 11. |
OBLIGATIONS OF THE SERVICE
i. The Service shall allow access to the forest area of the Association, its members, servants, employees and agents for the purposes of carrying out activities to fulfill the requirements of this agreement provided that such access is done in an orderly manner, on designated paths, routes and roads and without committal of any offences under the Forest Act, (Act No 34 of 2016) or regulations or under any law.
ii. The Service shall monitor and evaluate the implementation of the site-specific management plan.
|
| 12. |
OBLIGATIONS OF THE ASSOCIATION
i. The Association shall protect, conserve and manage the forest or part thereof pursuant to this management agreement and the provisions of the approved management plan for the forest.
ii. The Association shall protect sacred groves and protected trees.
iii. The Association shall assist the Service in enforcing the provisions of the Forests Act and any rules and regulations made pursuant thereto, in particular in relation to illegal harvesting of forest produce and hunting of game.
|
| 2. |
The user rights may vary from agreement to agreement and should be inserted as necessary as provided in section 47(2) of the Act.
iv. The Association shall inform the Service if the Association becomes aware of any developments, changes and occurrences within the forest which are critical for the conservation of biodiversity.
v. The Association shall take precautions against occurrence of fire and where it occurs, help in fire fighting.
vi. The Association shall maintain a roll of its members, agents, servants and employees and shall update the same regularly and furnish the details of the roll to the Service upon request.
vii. The Association shall keep written records of all activities conducted in the forest area and preserve those records for at least six years from when first written or throughout the duration of this agreement whichever is longer.
viii. Where the Association engages in commercial activities, the association shall comply with all the laws for the time being in force for the regulations of such activities, and any violation of those laws is a breach of this agreement.
|
| 13. |
INDEMNITY, RISK AND LIABILITY
i. The Association shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this agreement or any breach of any of the obligations on the part of the Association contained in this agreement or the exercise or purported exercise of the rights given herein.
ii. The Association shall provide adequate security for its members, employees, servants and agents and shall ensure that precaution and other necessary measures are taken to protect themselves against risks such harm from wildlife, fires, rivers, falling trees and other objects associated with management of the forest.
iii. In this regard, the Service is not liable for any injury, loss or damage occurring to the Association, its members, employees, servants, agents, goods or equipment.
|
| 14. |
DISPUTE RESOLUTION
i. Where the Service is dissatisfied with the implementation of this agreement, it may submit the dispute for arbitration, to be resolved in accordance with the Arbitration Act (Act No 4 of 1995) Laws of Kenya.
ii. Where the Association is aggrieved by the decision of the Service on the implementation of this agreement,
a) it may within thirty days after being notified of the decision, appeal to the Board of the Service against the decision.
b) in the event of the parties being dissatisfied thereafter, the parties may submit the dispute for arbitration, to be resolved in accordance with the Arbitration Act (Act No. 4 of 1995) Laws of Kenya.
iii. Where a dispute is submitted to arbitration under the provisions of this agreement,
a) the cost of arbitration shall be borne equally by both parties.
b) The arbitration shall take place at the headquarters of the forest conservancy area where the forest area is situated.
|
| 15. |
TERMINATION OR WITHDRAWAL OF USER RIGHT
i. The Service may terminate this agreement in the following circumstances:
a) Where the Association is deregistered;
b) Where the Association breaches any of the terms and conditions of this agreement;
c) Where the Service considers termination as necessary for purposes of protecting and conserving biodiversity;
d) Where the Association itself so requests.
ii. The Service may withdraw a particular user right in the following circumstances:
a) Where the Association breaches any of the terms and conditions of this Agreement;
b) Where the Service considers withdrawal as necessary for purposes of protecting and conserving biodiversity;
c) Where the Association itself so requests.
iii. Where the Service intends to terminate this agreement or withdrawal of a particular user right it shall give the Association thirty days' notice in writing to show cause why the management agreement should not be terminated or, the user right so withdrawn. During this period, this agreement or the right in question shall be suspended.
|
| 16. |
RELATIONSHIP OF PARTIES
i. This agreement does not create any kind of joint venture or partnership between the parties.
ii. This agreement does not make either party the agent of the other.
iii. This agreement does- not give the association exclusive possession of the forest area or any part thereof and create nor is it intended to create a lease or tenancy in any way whatsoever.
FORM 6 r. 53
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NON-RESIDENT CULTIVATION PERMIT
This non-resident cultivation permit is granted to Mr/Mrs/Miss/Ms
.......................... ID No .....................
Member of ............................ Community Forest Association of
P. 0. BOX ........................................................
to cultivate plot number ............., measuring .............. hectares for purposes of identification marked in red and numbered accordingly on the sketch plan Mr this permit in Sub-Compartment Number ............ in ............... Forest Station for a period of one (1) year, subject to the following terms and conditions:
| 1. |
This permit only allows the permit-holder to use the plot. This permit does not make the permit-holder owner of the plot. The permit-holder may keep other people off the plot (except for people from the Service), but the permit-holder has no right to sell, rent, or act as owner of the plot in any way.
|
| 2. |
The permit-holder shall plant only annual crops on the plot. The Service has a list of approved crops. The permit-holder shall choose his crops from this list and plant only annual crops.
|
| 3. |
The permit-holder shall help the Service upon request in -
a. Beating up or replanting, whichever may be appropriate, in cases of low survival of tree seedlings;
b. Controlling illegal forest activities;
c. Preventing or fighting forest fires; and
d. Any other activity for the benefit of the forest.
|
| 4. |
The permit-holder shall use only hand tools to work the plot.
|
| 5. |
The permit-holder shall not build anything on the plot, except with written permission of the Service.
|
| 6. |
Breaking the terms of this permit is an offence and if that happens, the Service may withdraw this permit. A permit-holder who breaks the terms of this permit may also have to pay the Service an administrative fee.
|
| 7. |
The permit-holder accepts the risk of injury, harm or death from trees, logs, wild animals, game, rivers and streams, and other hazards on the plot and neighboring forest. Whether the injury happens to property, the permit-holder, or another person, the Service is not responsible.
|
| 8. |
This permit does not give the permit holder exclusive possession of the plot or any part thereof and does not create nor is it intended to create a lease or tenancy in any way whatsoever.
Signed by the Permit holder ..................................................
Date .........................................................
Name of Issuing Officer ......................................
Official Stamp .................... Date .....................
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THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES
PART I – PRELIMINARIES
| 1. |
Citation
These Rules may be cited as the Forests (Participation in Sustainable Forest Management) Rules.
|
| 2. |
Application
| (a) |
shall apply to the participation of the private sector and forest communities in the sustainable management of state forests;
|
| (b) |
may, with the necessary modifications, be applied by a local authority, with the consent of the Minister responsible for local authorities, to the participation of the private sector and forest communities in the management of local authority forests; and
|
| (c) |
shall apply to the authorisations issued by the Service in the management of provisional forests declared as such under section 26 of the Act.
|
|
| 3. |
Interpretation
In these Rules, unless the context otherwise requires—
"authorisation" includes a permit, timber-licence, special-use licence, contract, joint management agreement, concession, community forest management agreement and cultivation-permit;
"concession management plan" means a site-specific management plan prepared by an applicant or holder for a concession;
"contract management plan" means a site-specific management plan prepared by an applicant or holder for a contract;
"community forest management plan" means a plan prepared by a forest association in partnership with the Service to govern implementation of a community forest management agreement;
"cultivation-permit" means an authorisation issued under rule 53;
"forest general guidelines" means administrative guidelines issued from time to time by the Service for effective carrying out of the functions of the Service;
"joint management agreement" means an agreement under rule 26;
"joint management plan" means a site-specific management plan prepared by an applicant or holder in partnership with the Service to govern implementation of a joint management agreement;
"licence management plan" means a site-specific management plan prepared by an applicant for a licence;
"site-specific management plan" includes a concession management plan, contract management plan, joint management plan, or licence management plan prepared pursuant to section 37(3) of the Act and a community forest management plan prepared pursuant to section 46 of the Act.
|
| 4. |
Rules
The objective and purpose of these Rules is to provide for the circumstances under which authorisations may be applied for, granted, varied, cancelled or declined and the manner in which a person granted such authorisation may exercise a right or privilege conferred by the authorisation.
|
| 5. |
Management plan
| (1) |
The Service shall prepare or adopt a management plan covering a period of at least five years in respect of every state forest.
|
| (2) |
A person who wishes to make an application to the Service for an authorisation under these rules shall prepare a site-specific forest management plan in accordance with guidelines prescribed by the Service.
|
| (3) |
The Service shall evaluate the site-specific forest management plan submitted under paragraph (2) based on social, economic, environmental and sustainability factors and shall, with or without modification, review and approve the application.
|
| (4) |
A person authorised under these rules to undertake activities for more than one year shall prepare an operations plan for every year, on which all operations shall be based, and activities shall not commence unless such operations plan has been approved by the Service.
|
| (5) |
The Service shall evaluate the operations plan prepared under paragraph (4) to ensure that it conforms to the site-specific management plan and to sustainable forest use.
|
| (6) |
The Service shall not issue an authorization without a site-specific plan in place, except for forest management agreements and permits for minor activities not significantly and irreversibly affecting forest resources.
|
|
PART II – PRIVATE SECTOR PARTICIPATION
| 6. |
Service to invite private sector
The Service may, whenever circumstances make it necessary or appropriate to do so, invite the private sector to participate in the sustainable management of state forests.
|
| 7. |
Types of agreements for private sector
| (1) |
The Service may issue authorisations for forestry activities for purposes of rule 6 in the form of—
| (a) |
a permit, which may be issued to a person to undertake a specified forestry-related activity or service;
|
| (b) |
a timber-licence, which may be issued to a person by the Service for timber harvesting in a specified forest area;
|
| (c) |
a special-use licence, which may be issued to a person to undertake an activity whose primary purpose is to yield public benefit in transportation, communication, energy, research or education;
|
| (d) |
a contract, which is entered into with a third party for performance of the activities specified in rule 22(2) on behalf of the Service in a forest area for a specified fee;
|
| (e) |
a joint management agreement, which is an agreement where the Service agrees to enter into partnership with other persons for the joint management of a specified plantation or indigenous forest area, specifying the contribution, rights and obligations of each party and setting out the methods of sharing the costs and benefits accruing from the forest so managed; and
|
| (f) |
a concession agreement, which is a long term agreement that may be issued by the Service for the management of a specified forest area at a price determined after forest valuation and bidding under these rules.
|
|
| (2) |
No authorisation shall be issued in respect of a forest for which there is a pre-existing authorisation, except on terms mutually agreed upon by all the parties involved.
|
|
| 8. |
Eligibility of applicant
| (1) |
A person shall not be eligible to apply for an authorisation under these rules unless that person—
| (a) |
possesses the necessary legal capacity to enter into binding agreements, and has the technical and financial capacity to undertake the forestry activities for which the authorisation is sought; and
|
| (b) |
in the case of a foreign investor, has complied with all the laws for the time being in force relating to investment by foreigners.
|
|
| (2) |
In the case of timber-licences, contracts and concessions—
| (a) |
legal capacity includes the competence to enter into contracts which for business entities shall be demonstrated through proof of registration;
|
| (b) |
technical capacity includes the competence to undertake forestry activities, as demonstrated by employment of technical staff, access to equipment, satisfactory past performance and a record of good compliance with the laws and standards; and
|
| (c) |
financial capacity includes solvency and ability to conform to good business practices as demonstrated by the applicant's financial statements for the past three years, where applicable, and tax compliance certificates.
|
|
|
| 9. |
Permits for utilization of forest goods and services
| (1) |
A person who wishes to utilize forest goods or services other than in exercise of a customary right shall make an application to the Service for a permit in the prescribed form.
|
| (2) |
The Service shall evaluate the application, and may grant the permit if satisfied that the proposed utilization is sustainable.
|
| (3) |
A permit issued under these Rules shall be in Form 1 set out in the Schedule.
|
|
| 10. |
Variation
| (1) |
The Service may vary or cancel a permit—
| (a) |
on the request of the permit-holder; or
|
| (b) |
on its own, after giving fourteen days notice to the permit-holder thereof with reasons for such variation or cancellatitin in writing:
|
|
| (2) |
The Service may cancel the permit with immediate effect and without notice where the permit-holder breaches any of the conditions attached to it.
|
|
| 11. |
Determination of areas to be offered
| (1) |
The Service shall in every year determine the areas of State forest suitable for private sector harvesting under timber licences.
|
| (2) |
The Service shall only issue a timber licence for a plantation area identified in the management plan as suitable for commercial harvesting.
|
|
| 12. |
Content and duration of timber-liccence
| (1) |
A timber licence issued under these rules shall be in Form 2 set out in the Schedule.
|
| (2) |
A timber licence shall be valid for a period of one year from the date of issue or such other period and on such terms as the Service may, with the approval of the Cabinet Secretary, determine.
[L.N. 63/2017, r. 2.]
|
|
| 13. |
Pre-qualification procedure
| (1) |
The Service shall, once every year, pre-qualify suitable persons for the harvesting of timber in state forests following the procedure set out in this rule.
|
| (2) |
The Service shall invite applications for pre-qualification by placing a notice—
| (a) |
at a conspicuous place at the Service Headquarters;
|
| (b) |
in two newspapers of national circulation; and
|
| (c) |
on the website of the Service, or equivalent electronic means available to the public,
|
detailing where a person can obtain an application form for pre-qualification, where the completed application form may he submitted, and when submission is due.
|
| (3) |
An application under paragraph (2) shall be made to the Service and shall—
| (a) |
specify the name of the applicant, and where the applicant is a business entity, or a forest association, shall be accompanied by the appropriate registration documents;
|
| (b) |
present a statement of the applicant's technical and financial capacity to harvest timber; and
|
| (c) |
specify the area where they would be interested in conducting harvests.
|
|
| (4) |
The Service may forward applications to the appropriate forest conservation committee for evaluation and recommendations.
|
|
| 14. |
Consideration of applications
| (1) |
The Service shall consider the recommendations of the forest conservation committee and select an applicant qualified to harvest timber based on technical and financial capacity.
|
| (2) |
The Service shall issue a pre-qualification certificate to a person pre-qualified under paragraph (1) subject to such terms and conditions as the Service may determine.
|
| (3) |
Where the Service rejects an application for a pre-qualification certificate, the Service shall within seven days of the decision notify the applicant in writing.
|
| (4) |
Unless earlier revoked, a certificate of pre-qualification shall be valid for a period of two years from the date of issue.
|
|
| 15. |
Offering and advertisment
| (1) |
The Service shall, before advertising for bids on a timber License and in compliance with the existing management plan, prepare a draft timber licence and a prospectus containing:—
| (a) |
information on the identity and description of the forest area, specifying the boundaries on maps;
|
| (b) |
an inventory and valuation of the forest resources;
|
| (c) |
the specific activities to be undertaken in the area;
|
| (d) |
a reserve price for the timber license; and
|
| (e) |
a performance bond reasonably reflecting the commercial value of the timber license.
|
|
| (2) |
The Service shall in writing invite interested pre-qualified bidders to submit bids for the timber license and shall publish a notice of the bidding process, at the Service Headquarters, and at the forest stations responsible for the area.
|
| (3) |
The Service shall make available to an interested pre-qualified bidder, a copy of the notice prepared under paragraph (1).
|
| (4) |
A pre-qualified bidder may, after notifying the Service, visit the forest area that is subject of the announced bidding.
|
|
| 16. |
Bidding procedure
| (1) |
A pre-qualified person wishing to bid for a timber license shall purchase the bid documents and submit a bidding package to the Service, consisting of—
| (a) |
a bid of a fixed payment in a sealed envelope;
|
| (b) |
a proposed licence management plan; and
|
| (c) |
a bidder's bond equivalent to two percent of the reserve price, which the bidder shall forfeit in case the Service awards the timber licence to the bidder and the bidder decides not to accept it.
|
|
| (2) |
The Service shall, before opening the sealed bids, review the proposed license management plan and inform the bidder of any modifications that may be necessary, at which a bidder may withdraw without forfeiture of the bidder's bond under paragraph (1).
|
| (3) |
The Service shall open the sealed bids and read them out in a meeting to which all bidders are invited and the public allowed to attend.
|
|
| 17. |
Selection of a bidder
| (1) |
The highest bidder above the reserve price shall be awarded the timber license and in case of a tie, the Service shall conduct another round of bidding involving the parties who tied.
|
| (2) |
If the highest bidder declines the timber-license, it shall be awarded to the next highest bidder above the reserve price.
|
| (3) |
The Service shall return all bonds and declare no award if there is no bidder above the reserve price.
|
| (4) |
The Service shall inform any unsuccessful bidder of the results within a period of seven days from the time the bidding is completed.
|
|
| 18. |
Award of timber-license
| (1) |
The Service shall award the timber license to the successful bidder.
|
| (2) |
A licensee shall, before commencing any harvesting operations post the performance bond specified under rule 15, to cover any damage which might be incurred.
|
| (3) |
The Service may, at the request of the licensee, divide the harvest area into units and divide the bid price among the units.
|
| (4) |
A licensee shall, before commencing harvest in a particular unit, pay the Service the bid price assigned to such unit.
|
|
| 19. |
Monitoring and evaluation of licensee
The Service shall periodically monitor the operations of the licensee.
|
| 20. |
Non-transferability
A timber licence shall not he transferable.
|
| 21. |
Content and procedure in grant of special-use licence
| (1) |
A person who wishes to undertake an activity inside a state grant of special-use forest whose primary purpose is to benefit the public in transportation, licence, communication, energy, water supply, research and education or such other purpose as the Service may approve, may apply to the Service in writing for a special-use licence.
|
| (2) |
The Service shall evaluate an application received under paragraph (1) and may, after completion of any environmental impact assessment required under the law, issue a special-use licence if satisfied that the proposed activity is in the public interest.
|
| (3) |
A special-use licence shall be in Form 3 set out in the Schedule.
|
| (4) |
The Service may vary, suspend or cancel a special-use license—
| (a) |
on the request of the holder upon completion of the activity, or for any other cause; or
|
| (b) |
on its own after giving fourteen days notice to the holder with reasons for such variation, suspension or cancellation;
|
Provided that the Service may cancel the special-use licence with immediate effect where the holder breaches any of the conditions attached to the licence.
|
|
| 22. |
Procedure in the grant of contracts
| (1) |
The Service may, whenever it deems it appropriate to do so, enter into a contract with a suitably qualified person for the performance of a specified activity on its behalf within a State forest which is under its control.
|
| (2) |
The activities referred to in paragraph (1) shall be those set out in the management plan and shall include—
| (d) |
forest management and protection:
|
| (e) |
preparation and review of management plans:
|
| (f) |
resource assessment and valuation:
|
| (h) |
construction of buildings:
|
| (i) |
general improvement of infrastructure:
|
| (k) |
other similar activities within the responsibility of the Service.
|
|
| (3) |
The Service shall consider an offer made under this rule, and subject to the procurement law where appropriate, accept the lowest offer for the performance of a specified activity.
|
| (4) |
The Service shall prepare a contract management plan containing details of the contract period, specific activities to be undertaken, the output expected, the expected standard of performance and such other matters as the Service may deem necessary.
|
| (5) |
A contract that involves logging shall not grant the contract holder title to the felled timber for off-site use or disposal.
|
|
| 23. |
Main features
| (1) |
The Service may enter into a joint management agreement in the management of state forests.
|
| (2) |
The primary purpose of a joint management agreement is to conserve the forest and allow non-consumptive uses. However, an agreement may also allow limited consumptive use of forest resources if sustainable.
|
| (3) |
A joint management agreement—
| (a) |
shall be between the Service and a professional association, an educational institution, a research institution, a cooperative society, a forest association, a government agency, or a non-governmental organisation;
|
| (b) |
may apply to state plantation or indigenous forests; and
|
| (c) |
shall be non-transferable.
|
|
|
| 24. |
Procedure in the grant of a joint management agreement
| (1) |
The Service shall, before entering into a joint a joint management management agreement—
| (a) |
identify, delineate and describe the forest area for possible joint management;
|
| (b) |
conduct an inventory and valuation of the forest resources therein to support the preparation of the joint management plan; and
|
| (c) |
invite applications from interested persons by placing a notice on the availability of the area for joint management—
| (i) |
in two newspapers of local circulation near the forest area; |
| (ii) |
at the Service Headquarters; |
| (iii) |
at the forest station where the forest is located; and |
| (iv) |
in such other place as may be suitable to bring the notice to the attention of the local community. |
|
|
| (2) |
A person interested in forest management shall submit an application to the Service through the forest conservation committee responsible for that area within three months from the date of the notice.
|
| (3) |
An application under paragraph (2) shall be accompanied by—
| (i) |
a statement of the applicant's technical and financial capability; and |
| (ii) |
a proposed joint management plan prepared in accordance with the guidelines set by the Service. |
|
|
| 25. |
Evaluation of the application
| (1) |
The forest conservation committee shall evaluate an application and submit its comments and recommendations on the qualifications of the applicant to the Service within a period of one month from the date of expiry of the period specified under paragraph (2).
|
| (2) |
The Service shall evaluate an applicant on the basis of technical and financial capacity, and invite a qualified applicant to present a proposal for the management of the forest at a public hearing held by the Service.
|
| (3) |
The Service shall, after the evaluation and hearing under paragraph (2), select the most suitable applicant or, if pooling applications would lead to a stronger proposal, the most suitable coalition of applicants.
|
| (4) |
The Service shall facilitate the formation of a joint management team composed of representatives from the Service and from the selected joint managers to negotiate the creation of a joint management agreement and oversee its implementation.
|
| (5) |
The Service shall sign the agreement with the selected joint managers after successful negotiation under paragraph (4).
|
| (6) |
The Service shall in writing inform all unsuccessful applicants within fourteen days from the date of the conclusion of the process under this rule.
|
|
| 26. |
Joint management agreement
| (1) |
A joint management agreement shall be in Form 4 set out in the Schedule.
|
| (2) |
A joint management agreement shall be valid for ten years, and shall not be renewable for more than two terms.
|
|
| 27. |
Determination of areas to be offered
| (1) |
The Service shall from time to time determine the areas of state forest suitable for management under concessions.
|
| (2) |
The Service shall issue concessions for areas identified as suitable for long-term private-sector management in the relevant management plans of the Service.
|
|
| 28. |
Content of concession agreement and duration
| (1) |
The Service shall prepare a model concession agreement which shall specify—
| (a) |
the name of the concession holder;
|
| (b) |
the land involved and the activities to be carried out under the concession;
|
| (c) |
the duration of the concession;
|
| (d) |
the charges payable to the Service including any fees in addition to the annual fees set by bidding, which shall be reviewed every year;
|
| (e) |
a requirement to comply with applicable environmental standards, including forest general guidelines and laws relating to environmental impact assessment;
|
| (f) |
the mechanism for settlement of disputes arising with respect to the concession;
|
| (g) |
monitoring and evaluation procedures;
|
| (h) |
the obligations of the concession holder by way of social responsibility to ensure equity for the local community; and
|
| (i) |
other terms and conditions applicable to the concession.
|
|
| (2) |
The maximum duration of a concession shall be thirty years, which may be renewed once subject to Rule 38.
|
|
| 29. |
Pre-Qualification
| (1) |
The Service shall at least once a year offer a person an opportunity to pre-qualify for bidding on concession agreements following the procedure set out in this rule.
|
| (2) |
The Service may, before inviting a person to pre-qualify establish classes of concessions, including but not limited to eco-tourism or large-scale plantation management.
|
| (3) |
The Service shall invite applications for pre-qualification by placing an advertisement—
| (a) |
at a conspicuous place at the Service Headquarters;
|
| (b) |
in two newspapers of national circulation;
|
| (c) |
on the website of the Service, or equivalent electronic means available to the public; and
|
| (d) |
in such other place as may be suitable for bringing it to the attention of the local communities where the forest is located,
|
|
| (4) |
The advertisement shall specify—
| (a) |
where a person can obtain an application form for pre-qualification;
|
| (b) |
what classes of concessions are open for pre-qualification; and,
|
| (c) |
where the completed application forms may be submitted, and when the application forms are due for submission.
|
|
| (5) |
An application for pre-qualification under paragraph (3) shall be made to the Service in writing and shall—
| (a) |
specify the name of the applicant, and where the applicant is a business entity, or a forest association, be accompanied by the appropriate registration documents;
|
| (b) |
specify the class or classes of concession for which the application is made; and
|
| (c) |
be accompanied by a statement of the applicant's technical and financial capacity to undertake long-term forest management activities.
|
|
| (6) |
The Service shall submit all applications to the appropriate forest conservation committee for evaluation and recommendation.
|
|
| 30. |
Consideration of an application
| (1) |
The Service shall consider the recommendations of the forest conservation committee and select a qualified person based on technical and financial capacity.
|
| (2) |
The Service shall issue a pre-qualification certificate, to a person pre-qualified under paragraph (1), subject to such terms and conditions as it may determine.
|
| (3) |
Where the Service rejects an application for pre-qualification, it shall, within seven days of the decision, notify the applicant in writing.
|
| (4) |
Unless earlier revoked by the Service for just cause, a certificate of pre-qualification shall be valid for a period of five years from the date of issue.
|
| (5) |
Pre-qualified bidders shall inform the Service the areas in which they are interested in conducting concessions.
|
|
| 31. |
Offering and advertisement
| (1) |
The Service shall, before advertising for bids on a concession—
| (a) |
ensure that offering the concession is consistent with the applicable strategic management plan:
|
| (b) |
hold consultations with the local communities; and
|
| (c) |
specify the activities to be undertaken in the area:
|
|
| (2) |
The Service shall prepare a draft concession agreement in accordance with rule 28 and a prospectus containing—
| (a) |
the identity and description the forest area, specifying the boundaries on maps;
|
| (b) |
an inventory and valuation of the forest resources;
|
| (c) |
specific mode, terms and conditions of the payment;
|
| (d) |
a reserve price for the concession; and
|
| (e) |
a performance bond reasonably reflecting the concession's commercial value.
|
|
| (3) |
The Service shall in writing invite interested pre-qualified bidders to submit bids for the concession and shall publish a notice of the bidding process, at the Forest Service Headquarters, and at the forest stations responsible for the area.
|
| (4) |
The Service shall make available a copy of the prospectus prepared under paragraph (2) to a person who requests it.
|
| (5) |
A pre-qualified bidder may, after notifying the Service, visit the forest area subject of the concession.
|
|
| 32. |
Concession bidding procedure
| (1) |
A person wishing to bid for a concession agreement under rule 29 shall purchase the bid documents and submit to the Service an expression of interest consisting of a proposed concession management plan.
|
| (2) |
The Service shall, in consultation with the forest conservation committee of the concession area, review the proposed concession management plans and, within forty-five days after the bid submission deadline, either withdraw the concession for lack of sufficient bidder interest or inform each bidder of any modifications that may be necessary to the plan of the bidder of the concession management agreement.
|
| (3) |
A pre-qualified bidder shall, within fifteen days after receiving the results of the Service's review of the proposed concession management plan, modify the plan if required to do so and submit a bidding package consisting of—
| (a) |
a bid in a sealed envelope; and
|
| (b) |
a bidder's bond equivalent to two percent of the reserve price, which the bidder shall forfeit in case the Service awards the concession and the bidder declines to accept it.
|
|
| (4) |
The Service shall open the sealed bids and read them out in a meeting to which all bidders are invited and the public is allowed to attend.
|
|
| 33. |
Consideration of the bids
| (1) |
The concession shall be awarded to the highest bidder above the reserve price and in case of a tie, the Service shall conduct another round of bidding involving the tied parties.
|
| (2) |
If the highest bidder refuses the concession, it shall be awarded to the next highest bidder above the reserve price.
|
| (3) |
If no bidder is above the reserve price, the Service shall return all bonds and declare no award.
|
| (4) |
The Service shall inform all unsuccessful bidders the results of the bidding within a period of seven days from the time the bidding is completed.
|
|
| 34. |
Announcement of intention to award
| (1) |
The Service shall publish its intention to award the concession to the successful bidder in two daily newspapers of national circulation at least thirty days before the concession is to be signed.
|
| (2) |
The Service shall hear and consider all presentations and objections that may he raised in a process of public consultation.
|
| (3) |
The Service shall, based on the consultation made under rule (2)—
| (a) |
disqualify the bidder based on evidence of improper process or false, misleading, or no longer valid representations by the bidder who pre-qualified or qualified for the concession; or
|
| (b) |
award the concession under rule 31 with an appropriate modification in the draft concession agreement to accommodate concerns expressed in the consultation, however the modification may not lower the annual bid or materially increase the value of the agreement to the winning bidder; or
|
| (c) |
withdraw the concession and make no award, with the option of restarting the process of soliciting bids using a new draft concessions agreement: or,
|
| (d) |
award the concession under rule 35 following the terms of the draft concession agreement.
|
|
| (4) |
If a bidder is disqualified under paragraph (3), the Service shall select the next highest bidder eligible for the award, and it shall then hold new consultations under this rule.
|
| (5) |
If the Service makes a minor modification to the concession agreement under paragraph (2)(b), the bidder may opt to withdraw the bid, in which case—
| (a) |
the Service shall return the bidder's bond: and
|
| (b) |
| (i) |
choose the next highest eligible hid and hold new consultations under this rule; or |
| (ii) |
withdraw the concession and re offer it in modified form. |
|
|
|
| 35. |
Award of concession
| (1) |
The Service shall, after the public consultations specified in rule 34, award the concession to the successful bidder.
|
| (2) |
The concession holder shall, before commencing operations—
| (a) |
post the performance bond, as set under rule 36, to cover any damage which might be incurred; and
|
| (b) |
pay the Service the bid price as set in the concession agreement.
|
|
| (3) |
The performance bond under paragraph (2) shall be reviewed annually to take into account inflation.
|
|
| 36. |
Performance bond
| (1) |
The Service may draw a performance bond against a concession holder to recover unpaid annual fees or to cover damages to the forest caused by the concession holder or the agent of the concession holder.
|
| (2) |
The Service shall require the concession holder to make up the difference when it draws upon the bond under paragraph (1).
|
| (3) |
The Service shall return the remainder of the bond within six months after the expiry of the concession agreement, unless the agreement is renewed.
|
| (4) |
If the winning bidder fails to—
| (a) |
pay the initial bid amount;
|
| (b) |
post the performance bond, or
|
within sixty days after a request by the Service, the Service shall collect the bidder's bond posted under rule 32(3)(b), and either—
| (a) |
select the highest of the remaining bidders above the reserve price; or
|
| (b) |
reject all remaining bids with the option of restarting the process, and invite all pre-qualified applicants to re-submit bids.
|
|
| (5) |
After the completion of the award process as described in this rule, the Service shall return the bidder's bond of the unsuccessful bidders.
|
|
| 37. |
Review and evaluation
| (1) |
A concession holder shall revise and submit to the Service a concession management plan at least once every five years.
|
| (2) |
The Service shall review the concession management plan and may require such modifications as may be necessary from time to time in compliance with these rules.
|
| (3) |
A concession holder shall prepare and submit an annual operations plan to the Service.
|
| (4) |
The Service shall review the annual operations plan and require such modifications, if any as may be necessary to meet the requirements of the existing management plan and the concession agreement.
|
| (5) |
A concession holder shall only undertake activities consistent with the applicable management plans, except in cases where an emergency action is required because of imminent danger to human life or property.
|
| (6) |
The Service shall undertake a comprehensive evaluation of the management of the concession area once in every five years.
|
|
| 38. |
Evaluation and renewal
| (1) |
The Service shall, at least three years before the concession agreement expires, begin a comprehensive evaluation, including public consultation, of the activities of the concession holder under the agreement.
|
| (2) |
The Service may, if the concession holder has carried out a sustainable management of the forest, negotiate a renewal of the concession at an adjusted fee greater than the original annual fee to cover inflation.
|
|
| 39. |
Employmnet of professional foresters
Where the activities under a concession agreement are forestry activities, the concession holder shall employ professional foresters registered by the Forest Society of Kenya to assist in the management of the forest.
|
| 40. |
Transferability
A concession agreement may, with the approval of the Service, be transferred to a third party only if—
| (a) |
the transferee has been in existence for at least six years:
|
| (b) |
the transferee is pre-qualified under these rules to apply for a concession; and
|
| (c) |
the transfer is not being done for the purposes of speculation.
|
|
PART III – COMMUNITY PARTICIPATION
| 41. |
Service to invite community participation
The Service may, whenever circumstances make it necessary or Service to invite appropriate to do so, invite forest associations to participate in the sustainable management of state forests.
|
| 42. |
Types of agreements for community participation
The Service may issue authorizations for community participation for purposes of Rule 41 in the form of—
| (a) |
a community forest management agreement which shall be issued to a forest association to undertake community forestry activities; and
|
| (b) |
a cultivation-permit which shall be issued to members of a forest association to undertake non-resident cultivation.
|
|
| 43. |
Forest management agreements
| (1) |
The Service may enter into a community forest management agreement with a forest association wishing to conserve and utilize a forest for purposes of livelihood, cultural or religious practices.
|
| (2) |
A community forest management agreement shall be in Form 5 as set out in the Schedule to these Rules.
|
|
| 44. |
Management unit
| (1) |
For purposes of community participation, the management unit for a forest shall comprise—
| (a) |
the forest area under the jurisdiction of one forest station; or
|
| (b) |
where geographical factors make separation of the unit into blocks more practical, individual forest blocks within the jurisdiction of one forest station.
|
|
| (2) |
Each management unit shall be under a separate forest association, and the Service may decide whether the parties shall develop individual community management plans for each management unit or combined community management plans covering more than one unit.
|
| (3) |
Where more than one forest association makes an application in respect of the same management unit, the Service shall encourage them to consolidate themselves into one association for purposes of the application.
|
| (4) |
In cases where forest associations fail or refuse to consolidate into one, the Service may conclude an agreement with the forest association which—
| (a) |
has the capacity to implement the activities set out in the community management plan; and
|
| (b) |
is most representative of the interests of the wider forest community.
|
|
|
| 45. |
Procedure for entering into a community forest management agreement
| (1) |
The Service and the forest community shall, before entering into a community forest management agreement—
| (a) |
identify the forest area proposed to be the subject of the agreement and its resources;
|
| (b) |
assess the method in which the forest community utilises the forest and the impact of such method; and
|
| (c) |
facilitate the formation of forest associations based on existing community structures.
|
|
| (2) |
Once a forest association is formed, the Service and the forest association shall—
| (a) |
facilitate the preparation or adoption of a community forest management plan in respect of the forest area; and
|
| (b) |
negotiate, draft and sign a community forest management agreement in respect of the forest area.
|
|
| (3) |
The Service shall apply the Participatory Forest Management Guidelines in the implementation of community participation in forest management.
|
| (4) |
The Service shall, in consultation with the stakeholders, from time to time review and revise the guidelines specified under paragraph (3).
|
|
| 46. |
Forest-level management committee
The Service shall initiate the formation of a forest-level management committee consisting of—
| (a) |
representatives from the Service;
|
| (b) |
representatives from the forest association; and
|
| (c) |
other stakeholders in the area,
|
to assist the forest association in the implementation of the community forest management agreement.
|
| 47. |
Monitoring of implementation
| (1) |
The Service shall monitor and evaluate the implementation of the community forest management plan.
|
| (2) |
The forest association shall review the findings made under paragraph (1) and together with the Service, may revise or alter the community forest management plan based on the findings.
|
|
| 48. |
Technical assistance from the Service
The Service shall provide technical assistance and capacity building to a forest association so as to empower it to perform its functions under these rules.
|
| 49. |
Commercial activities
| (1) |
Where a forest association, in implementing a community forest management agreement, engages in commercial activities, the association shall comply with all the laws for the time being in force for the regulation of such activities.
|
| (2) |
Any violation of laws under paragraph (1) shall be deemed to be a breach of the community forest management agreement.
|
|
| 50. |
Agreement with forest Association
| (1) |
The Service may enter into a written agreement with a forest association to allow its members to engage in non-resident cultivation in adjacent forest areas.
|
| (2) |
The Service shall only allow non-resident cultivation in areas intended for the establishment of industrial plantations.
|
|
| 51. |
Zoning of forest areas
| (1) |
The Sery ice shall for the purposes of Rule 50—
| (a) |
identify and zone off the forest areas available for such cultivation;
|
| (b) |
demarcate individual plots, which shall he of a minimum size of one quarter hectare and of a maximum size set by the Service based on local conditions; and
|
| (c) |
prepare a sketch map of all the plots, and display it prominently at the forest station responsible for the forest area.
|
|
| (2) |
The Service may open up new areas for cultivation in accordance with the approved planting programmes.
|
|
| 52. |
Where plots may not be allocated
The Service shall not allocate a plot—
| (a) |
within an important water catchment area or a source of a spring;
|
| (b) |
on a slope exceeding thirty percent inclination;
|
| (c) |
within thirty metres on either side of a river course or wetland, spring or other water source; or
|
| (d) |
in a firebreak, road reserve, natural glade, natural forest area and an area under mature plantation.
|
|
| 53. |
Allocation of plots
| (1) |
The Service shall allocate a plot using a balloting system organised through the forest association.
|
| (2) |
A person allocated a plot under paragraph (1) shall be issued with a cultivation-permit, in form 6 as set out in the Schedule to these Rules.
|
| (3) |
The Service and the forest association shall ensure that the method of allocation gives preference to the poor and vulnerable members of the community.
|
|
| 54. |
Conditions for permits
| (1) |
A holder of a cultivation-permit issued under rule 53 shall be subject to the following conditions—
| (a) |
plant only annual crops approved by the Service.
|
| (b) |
render assistance to the Service upon request in—
| (i) |
beating up or replanting, whichever may be appropriate, in cases of low survival rate of seedlings; |
| (ii) |
controlling illegal forest activities; and |
| (iii) |
preventing or fighting forest fires. |
|
| (c) |
not lease, sublet or sell the allocated plot;
|
| (d) |
use only hand tools for land preparation; and
|
| (e) |
not erect any structure on the plot allocated, except, with written permission from the Service, in areas with high incidences of game damage.
|
|
| (2) |
A holder of a cultivation permit shall pay the annual rental fees upon allocation of the plot and subsequently after every twelve months.
|
| (3) |
A person who breaches the conditions of a cultivation-permit shall be guilty of an offence under the Act, and the Service shall withdraw the permit forthwith.
|
|
| 55. |
Period of cultivation
| (1) |
The holder of a cultivation permit shall vacate the plot to which the cultivation permit relates after a period of three years.
|
| (2) |
The Service shall not be under any obligation to allocate another plot to a holder of cultivation permit after the cultivation-permit issued to the holder has expired.
|
|
| 56. |
Planting of seedlings
The planting of tree seedlings shall be done after the completion of one crop season, and the holder of the cultivation permit shall not interfere with the growth or development of the seedlings or trees.
|
| 57. |
Monitoring by forest association
The forest association shall assist the Service in the monitoring of the activities of permit-holders and shall ensure that none of its members or agents takes any action which harms the planted seedlings.
|
| 58. |
Operational guidelines
| (1) |
The Service shall, before issuing a cultivation-permit, issue a comprehensive operational guideline for the implementation of non-resident cultivation.
|
| (2) |
The Service may from time to time revise the guidelines.
|
|
PART IV – General Provisions
| 59. |
Transitional provisions
| (1) |
For an authorisation other than a concession applied for within five years of the commencement of these Rules, where there is no management plan governing the area of an application, the Service shall evaluate the site-specific management plan based on whether it is consistent with sustainable management of resources.
|
| (2) |
Where there is no forest conservation committee in a forest conservancy area, an application made under these Rules shall be evaluated by the Service.
|
|
| 60. |
Verification of various existing authorisations
| (1) |
A person who holds an authorisation issued prior to coming into effect of these Rules shall, submit a copy to the Service within a period of twelve months from the date of commencement of these Rules for verification and confirmation.
|
| (2) |
The Service shall, within one month after the commencement of these Rules, notify, by appropriate means, the person referred to in paragraph (1).
|
| (3) |
Failure to submit an authorisation as required under paragraph (1) may be used by the Service as a ground for the revocation, amendment or cancellation of the authorisation.
|
|
| 61. |
Forms and documents under these rules
An application or authorisation under these Rules shall be in the form prescribed in the schedule.
|
| 62. |
Fees
| (1) |
Where these Rules call for the Service to charge fees and do not set those fees by public bidding, the Service shall, by notice in Gazette, publish a schedule of the fees or an objective formula for calculating such fees.
|
| (2) |
The Service shall from time to time review and revise the fees payable under these Rules.
|
| (3) |
The fees payable under these Rules shall be subject to the approval of the Board.
|
| (4) |
In this Rule, "fees" includes royalties and other charges payable to the Service.
|
|
| 63. |
Applicable law
The provisions of the Public Procurement and Disposal Act and the principles of the law of contract shall apply to the procedure for the award of a licence, contract and concession under these Rules.
|
| 64. |
Repeat advertisement
Where no suitable applicant is found after advertising for the issuance of an authorisation, the Service may repeat the advertisement in the same or different terms.
|
| 65. |
Registers
The Service shall maintain a register of all authorisations issued under these Rules, and a member of the public may inspect it or obtain a copy or an excerpt during working hours, upon payment of such fees as may be prescribed.
|
| 66. |
Compliance with other laws
These rules shall not exempt a person authorised pursuant to these rules from the requirements of the any written law governing environmental matters or other written law.
|
| 67. |
Liability under other laws
The suspension or cancellation of an authorization shall not exempt the holder or where the holder is a body corporate, its Board of Directors or officers, from liability under the Act or any other written law.
|
| 68. |
Forest to remain property of State
| (1) |
A forest which is the subject of an authorisation under these Rules shall be and remain the property of the State.
|
| (2) |
The rights to the land and underlying minerals or other resources shall not be deemed to be transferred to any person who is a holder of an authorisation or party to an agreement under these Rules.
|
|
| 69. |
Appeals
A person who is aggrieved by the decision of the Service with respect to an application for an authorisation or the action of the Service with respect thereto may appeal to Appeals Tribunal under Environmental Management and Coordination Act (Cap. 387).
|
SCHEDULE
FORMS
|
FORM 1
|
(r. 9)
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KENYA FOREST SERVICE
|
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PERMIT
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Date ............ 20........
|
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Station ..................................
|
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To ..............................................
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..............................................
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..............................................
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Permission is hereby granted to you for exercise of the following rights/removal of the following forest products:
|
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Description of Forest Product/Service
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Price
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Total
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1
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|
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2
|
|
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3
|
|
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4
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5
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6
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7
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|
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8
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9
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Grand Total
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Signed ........................................
Authorized Forest Officer.
| 1. |
PARTIES
This licence is made this day of 20 ........... between the Kenya Forest Service of P.O. BOX ................. Nairobi ("the Service") and ................. of P.O. BOX ................... bearer of pre-qualification certificate number ............ ("the licensee"). The Service and the licensee are jointly referred to as "the parties"
|
| 2. |
| (a) |
The Service grants this licence to the licensee for the sole purpose of harvesting timber in Sub-Compartment .......................... at .................. Forest Station in Forest Division ("the forest area").
|
| (b) |
The forest area(s) measures ........... hectares comprising of ............. species and its boundaries are better described as an annex to this form.
|
| (c) |
This annex forms an integral part of this licence.
|
|
| 3. |
TRANSFERABILITY
This licence is not transferable.
|
| 4. |
DURATION
This licence is for a period of ............ from the date of issue ("the licence period").
|
| 5. |
| (a) |
The licensee shall carry out only those activities outlined in this licence.
|
| (b) |
The licensee shall comply with the provisions of the Act and any rules made thereunder and also with the terms and conditions of this licence.
|
| (c) |
The Service may cancel this licence should the licensee commit any breach of the Act or of any rules made there under or of the terms, obligations and conditions of this licence.
|
|
| 6. |
BASIC WARRANTIES OF THE LICENSEE
| (a) |
The licensee is duly incorporated or registered or validly existing and in good standing.
|
| (b) |
The licensee shall retain its power, ability and competence in carrying out the rights and obligations under this agreement.
|
|
| 7. |
| (a) |
This licence is subject to the provisions of the Act.
|
| (b) |
The Service allows harvest of coupes or trees under this license on an "as-is-where-is" basis and offers no warranty or guarantee as to the conditions of the trees.
|
|
| 8. |
| (a) |
The licensee has the exclusive right to harvest the coupe or trees under this licence.
|
| (b) |
The licensee, its servants, employees and agents may enter the forest area for the purposes of carrying out activities to fulfill the requirements of this licence.
|
|
| 9. |
OBLIGATIONS OF THE SERVICE
| (a) |
The Service shall permit the licensee, its servants, employees and agents access to the forest area using a designated path, road or route for the purposes of carrying out activities to fulfill the requirements of this licence.
|
| (b) |
The Service shall periodically monitor the operations of the licensee.
|
|
| 10. |
OBLIGATIONS OF THE LICENSEE
| (a) |
The licensee shall cut all trees or coupes and within the duration required under this licence.
|
| (b) |
The licensee is responsible for the acts of his agents or employees in the forest area.
|
| (c) |
The licensee shall supply the Service a nominal roll of employees, agents and servants giving registration number and any other details required by the Service. The licensee shall supply the roll at the commencement of the licence period and monthly thereafter. The licensee may not employ more than ......... persons during any one month on work to be carried out under this licence.
|
| (d) |
All equipment which may be used for logging operations shall be removed from the forest area not more than thirty days after the date on which the licence expires or has been cancelled. Should the licensee fail to comply with this condition all claim to such equipment shall be forfeited which then shall be deemed to be the property of the Sery ice and may be disposed of in such manner as the Director of the Service may deem fit.
|
| (e) |
(i) The licensee may use only such roads on the forest as are approved by the Service. The Service may prohibit the use of such roads at any time and may also specify the type of vehicle to be used on them.
| (ii) |
The Service may require the licensee to repair to the Service's satisfaction, any damage caused to roads and bridges in the forest area of the licensee, agents, servants or employees. |
| (iii) |
The licensee must ensure that no road, track, footpath, watercourse or stream is obstructed as a result of its operations. |
|
| (f) |
(i) The licensee must ensure that his operations do not pollute any stream, water body or wetland and it must take such actions as may be required by the Service to prevent such pollution.
| (ii) |
The licensee must ensure also that his operations do not directly affect the amount of flow of any stream or watercourse. |
| (iii) |
The licensee shall observe the provisions of the Water Act. |
| (iv) |
The licensee shall comply with the applicable environmental standards, including laws relating to environmental impact assessment. |
| (v) |
The licensee shall honor any customary rights existing in the forest area. |
| (vi) |
The licensee shall protect other forest resources in the forest area. |
|
| (g) |
The licensee must ensure that his operations do not cause soil erosion and must take such action as may be required by the Service to prevent or cure soil erosion.
|
| (h) |
The licensee, its employees, servants or agents shall extinguish any fire that may occur in or near its forest area.
|
| (i) |
The licensee, its employees, servants or agents shall give assistance to the Service, if required, in preventing, reporting, apprehending and prosecuting offenders under the Forests Act.
|
| (j) |
The licensee shall not cut forest produce unless the Service has marked the produce for that purpose or has given written authority for cutting in a coupe demarcated on the ground. If the licensee cuts any other forest produce, the licensee shall pay the Service the market value of the unprocessed forest produce, delivered to the mill or market, multiplied by three.
|
| (k) |
The Licensee must fell and cross-cut all trees by saw, axes being used only to obtain felling direction and to trim branches from the trees. All trees must be felled as close as possible to ground level. All trees must be cross-cut to give the maximum length of log down to a diameter of .............. centimeters. The Service may measure timber wasted by leaving high stumps or by incorrect cross-cutting and the licensee shall pay for that wasted timber at double the royalty rate.
|
| (l) |
The licensee shall pay compensation for any damage done to standing trees due to faulty felling and extraction or due to any other cause occasioned by carelessness or negligence. The Service shall calculate compensation based on the estimated volume of the damaged tree or trees at the market value. The damaged tree or trees remain the property of the Service.
|
| (m) |
The licensee shall not remove forest produce from the forest area until the Seivice has measured where necessary, the forest produce, marked it with a marking hammer where necessary, and collected the appropriate fee in full in accordance with the Timber Act (Cap. 386) Laws of Kenya.
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| (n) |
All forest produce not removed within thirty days after the expiry of the licence period or after the termination of the licence are the property of the Service and the Service shall dispose of the forest produce as it deems fit.
|
| (o) |
The Director of the Service shall appoint an appropriate officer of the Service to represent the Service in implementing the provisions of this licence in the forest area.
|
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| 11. |
FEES, TAXES, LEVIES, CHARGES AND BID PRICES
| (a) |
The licensee undertakes to pay such fees, charges or hid prices as prescribed under the Forests Act and regulations and as follows:
i) ..................................
ii) .................................
iii) ................................. etc
|
| (b) |
The licensee shall be responsible to pay salaries and emoluments to its employees, agents and servants that it may engage for the implementation of this licence.
|
| (c) |
Nothing under this licence exempts the licensee from paying taxes required under the laws of Kenya.
|
|
| 12. |
INDEMNITY, RISK AND LIABILITY
| (a) |
The licensee shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this licence or any breach of any of the obligations on the part of the licensee contained in this licence or the exercise or purported exercise of the rights given herein.
|
| (b) |
The licensee shall ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks such harm from wildlife, fires, rivers, falling trees and other objects associated with the license and the forest area.
|
| (c) |
In this regard, the Service shall not be liable for any injury, loss or damage occurring to the licensee its members, employees, servants, agents, goods or equipment.
|
|
| 13. |
| (a) |
Where the licensee is aggrieved by the decision of the Service, it may within thirty days after being notified of the decision, appeal to the Board of the Service against the decision.
|
| (b) |
In the event of either of the parties being dissatisfied thereafter, the dissatisfied party may submit the dispute for arbitration, in accordance with the Arbitration Act (Cap 49) Laws of Kenya.
|
| (c) |
The cost of arbitration shall be borne equally by both parties.
|
| (d) |
The arbitration shall take place at the headquarters of the forest conservancy area where the forest area is situated.
|
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| 14. |
TERMINATION AND WITHDRAWAL OF LICENCE
| (a) |
The Service may terminate or withdraw this licence where the licensee breaches its terms or conditions.
|
| (b) |
Where the Service intends to terminate or withdraw the licence it shall give the licensee thirty days' notice to show cause why the licence should not be terminated or so withdrawn. During this period the licence shall be suspended
|
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SEALED with the common seal of the
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KENYA FOREST SERVICE
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)
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In the presence of
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)
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)
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)
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Director
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)
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)
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)
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Witnessed by
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)
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)
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SIGNED for and on behalf of the
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LICENSEE
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)
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In the presence of
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)
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)
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)
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...................................................
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)
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)
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)
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.....................................................
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Annex
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o.
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ForestDivision
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ForestStation
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Sub-compartment
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Lot
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Area(Ha)
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Volume(M3)
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Species
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Remarks
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1
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2
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3
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4
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5
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| 1. |
PARTIES
This licence made between the Kenya Forest Service (hereinafter "the Service") of P.O. BOX ............. Nairobi and ........ of P.O. BOX ............ (hereinafter "the licensee"). The Service and the Licensee are jointly referred to as "the parties".
|
| 2. |
| (a) |
This licence is issued to the licensee for the purposes of permitting the licensee to undertake the activities listed in Annex 1 to this Form hereto in Sub-compartment ................ in the ............Forest Block located at ....................... Forest Station in ................... Forest Division ("the Forest Area").
|
| (b) |
This special use licence is issued pursuant to the determination by the Service that the primary purposes of those activities listed in the Annex 1 to this Form are in the public interest.
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| (c) |
The forest area in which the activity will be carried out by the parties shall comprise ........... (in words) hectares and its boundaries are better described in the Annex 2 to this Schedule.
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| (d) |
These Annexes form an integral part of this licence.
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| 3. |
| (a) |
This licence shall not be transferable.
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| (b) |
This licence may be assigned only with the written approval of the Service.
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| (c) |
The Service shall not approve an assignment of this licence which would depart from the main objectives and purpose set out in this licence.
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| (d) |
The licensee is liable for all the activities, acts and omissions of the assignees of its rights under this licence.
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| (e) |
This licence does not give the licensee exclusive possession of the forest area or any part thereof and does not create nor is it intended to create a lease or tenancy in any way whatsoever.
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| 4. |
DURATION
This licence shall be for a term of .............. years from the date of issue.
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| 5. |
| (a) |
The licensee shall make payment as follows:
i. Licence fees ................
ii. Annual fees ................
iii. Any other fees as determined by the Service ..............
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| (b) |
The licence fees shall be paid immediately prior to the issue of this licence.
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| (c) |
The annual fees and any other fees shall be paid within thirty (30) days of being due and failure to pay such fees shall render this licence void.
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| (d) |
The Service shall review the annual fees payable by the licensee and where this occurs the licensee shall be informed in writing.
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| 6. |
BASIC WARRANTIES OF THE SERVICE
| (a) |
The forest area is a state forest.
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| (b) |
At the time of making this licence, the property rights attached to the forest area consist of the easements, rights of way, servitudes, mineral rights, any customary rights established under Section 22 of the Forests Act, 2005 or other claims of record and the Government's own right of ownership.
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| 7. |
BASIC WARRANTIES OF THE LICENSEE
| (a) |
The licensee is duly incorporated or registered or validly existing and in good standing.
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| (b) |
The licensee shall retain its power, ability and competence in carrying out its rights and obligations under this licence.
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| 8. |
| (a) |
This licence is subject to the Forest Conservation and Management Act (Cap 385).
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| (b) |
The Service shall have the right to inspect records kept by the licensee.
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| 9. |
| (a) |
The licensee has a right to carry out those activities listed in Annex 1 to this license.
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| (b) |
The licensee, its servants, employees and agents shall have the right to enter the forest area for the purposes of carrying out the activities to fulfill the requirements of this licence.
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| 10. |
OBLIGATIONS OF THE SERVICE
The Service shall allow access to the forest area of the licensee, its servants, employees and agents using a designated route, road or path for the purposes of carrying out activities to fulfill the requirements of this licence.
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| 11. |
OBLIGATIONS OF THE LICENSEE
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| (i) |
ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks and harm from wildlife, fires, rivers, falling trees and other objects, risks and harms in the forest and in the event of such events occurring shall not hold the Service liable. |
| (ii) |
protect sacred groves and protected trees. |
| (iii) |
assist the Service in enforcing the provisions of the Forest Conservation and Management Act (Cap 385) and any rules and regulations made pursuant thereto, in particular in relation to illegal harvesting of forest produce and hunting of game. |
| (iv) |
inform the Service if the licensee becomes aware of any developments, changes and occurrences within the forest which are critical for the conservation of biodiversity. |
| (v) |
take precautions against fire, and where it occurs take all necessary measures to put out the fire. |
| (vi) |
take precautions against destruction of trees and other forest resources and produce and where it occurs report to the Service. |
| (vii) |
do any other act that is necessary for the efficient conservation and management of the forest. |
| (viii) |
use the forest area in a manner consistent with the approved management plan. |
| (ix) |
keep written records of all activities conducted in the forest area and preserve such records for at least six years from when first written or for duration of this licence, whichever is longer. |
| (x) |
obtain and maintain at its own cost all other necessary consents, licences and approvals from the relevant authorities for its permitted use. |
| (xi) |
pay to the Service the licence fees, annual fee and other fees and levies when due for the duration of the licence. |
| (xii) |
not do or permit any act that would interfere with the work of the Service. |
| (xiii) |
not pollute, damage, or disturb land or water, except with permission of the Service or other appropriate agency of the Government of Kenya. |
| (xiv) |
not cause or permit a nuisance or trespass, whether on lands of the Service or lands owned or occupied by others. |
| (xv) |
not interfere with the use of the land by the Service or any other person authorized by the Service. |
| (xvi) |
remove all equipment from the site and the land within thirty days of termination of this licence. |
| (xvii) |
observe all the Service's security, access and other rules, regulations, procedures and reasonable instructions that may from time to time be issued by the Service. |
| (xviii) |
maintain public liability or other third party liability insurance in respect of any injury loss or damage to any persons or property arising out of the exercise of the licensee's rights and upon written request provide proof of such insurance to the Service. |
| (xix) |
pay all charges and keep the Service indemnified in respect of the electricity, water and other utilities consumed by the licensee. |
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| (b) |
This licence does not give the licensee the right to mining, quarrying, logging, timber extraction or other activities.
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| (c) |
Nothing under this licence exempts the licensee from paying such taxes, fees and levies as it may be required under the Laws of Kenya.
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| 12. |
| (a) |
In the event of a dispute concerning this licence or its implementation the parties may submit the dispute for arbitration, to he resolved in accordance with the Arbitration Act (Cap 49) Laws of Kenya.
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| (b) |
The cost of arbitration shall he borne equally by both parties.
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| (c) |
The arbitration shall take place in Nairobi.
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| 13. |
VARIATION
This licence may he cancelled by the Service—
| (d) |
On the request of the licensee; or
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| (e) |
On its own after giving fourteen days' notice to the holder with reasons for such variation or cancellation; or
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| (f) |
Immediately if the licensee is in breach of any terms and conditions prescribed herein.
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| 14. |
INDEMNITY, RISK AND LIABILITY
| (g) |
The licensee shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this licence or any breach of any of the obligations on the part of the licensee contained in this licence or the exercise or purported exercise of the rights given herein.
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| (h) |
The licensee shall ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks such as harm from wildlife, fires, rivers, falling trees and other objects associated with the license and the forest area.
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| (i) |
In this regard, the Service shall not be liable for any injury, loss or damage occurring to the licensee its members, employees, servants, agents, goods or equipment.
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SEALED with the common seal of
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KENYA FOREST SERVICE in the
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presence of:-
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Director
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Witnessed by
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SIGNED for and on behalf of .................
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............................................................ in the
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In the presence of:-
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Director
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Secretary
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Annex 1
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Forest Name
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Forest
Division
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Forest
station
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Forest
activity
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Remarks
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Forest Name
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Forest
Division
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Forest
station
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Forest area in
hectares
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Forest
boundary
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Remarks
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JOINT FOREST MANAGEMENT AGREEMENT
| 1. |
PARTIES
This agreement is made this ................ day of ......... 20 .......... between the Kenya Forest Service of P.O. BOX Nairobi on one hand (hereinafter referred to as "the Service") and ................ of P.O. BOX ............ on the other hand (hereinafter referred to as "Joint Manager"). The Service and the Joint Manager are jointly referred to as "the parties".
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| 2. |
| (a) |
The parties make this agreement for the purposes of jointly managing the ............ Forest located at .......... Forest Station in ............ Forest Division ("the forest area") as per the attached joint management plan in the Annex 1 to this Form.
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| (b) |
The forest area comprises ............... (In words) hectares and its boundaries are for the purposes of identification described in the sketch plan bordered in red in the Annex 2 to this Form.
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| (c) |
The primary purpose of this joint management agreement shall be to conserve the forest and allow non-consumptive uses of the forest area in accordance with the joint management plan1.
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| (d) |
The Annexes are an integral part of this agreement.
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| 3. |
| (a) |
This agreement is not transferable.
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| (b) |
Subject to Section 37(8) of the Forest Conservation and Management Act (Cap 385) the Joint Manager may assign all or any of the rights under this agreement only with the written approval of the Director of the Service.
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| (c) |
The Director of the Service shall not approve an assignment of this agreement which would depart from the main objectives and purpose set out in this agreement.
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| (d) |
The Joint Manager remains liable for all the activities, acts and omissions of the assignees of its rights under this agreement.
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| 4. |
DURATION
This agreement is for a term of .................... Years from ................
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| 5. |
| (a) |
The Joint Manager shall carry out those activities as outlined in the joint management plan.
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| (b) |
The Joint Manager may, with the written approval of the Service enter into partnership with other persons for the purposes of ensuring efficient and sustainable conservation and management of the forest area.
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| 6. |
BASIC WARRANTIES OF THE SERVICE
| (a) |
The forest area is state forest.
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| (b) |
At the time of making this agreement, the property rights attached to the forest area consist of the easements, rights of way, servitudes, mineral rights, any customary rights established under Section 22 of the Forests Act, other claims of record and the Government's own right of ownership.
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1This objective may vary, Regulation 22(a) provides that a joint management agreement may also allow limited consumptive use of forest resources if sustainable.
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| 7. |
BASIC WARRANTIES OF THE JOINT MANAGER
| (a) |
The Joint Manager is duly incorporated or registered or validly existing and in good standing.
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| (b) |
The Joint Manager shall retain its power, ability and competence in carrying out its rights and obligations under this agreement.
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| 8. |
| (a) |
This agreement is subject to the Forests Act.
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| (h) |
The Service may inspect such records kept by the Joint Manager.
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| 9. |
RIGHTS OF THE JOINT MANAGER
The Joint Manager, its servants, employees and agents may enter the forest area using such designated roads, routes or paths to carry out activities to fulfill the requirements of this agreement.
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| 10. |
OBLIGATIONS OF THE SERVICE
| (a) |
The Service shall allow access to the forest area of the Joint Manager, its servants, employees and agents for the purposes of carrying out activities to fulfill the requirements of this agreement.
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| (h) |
The Service shall approve the annual operations plans subject to the plans being consistent with the objectives of the joint management plan.
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| (c) |
The Service shall keep written records of all activities conducted in the forest area.
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| 11. |
OBLIGATIONS OF THE JOINT MANAGER
| (a) |
The Joint Manager shall ensure that its employees, servants and agents take precaution and measures to protect themselves against risks and harm from wildlife, fires, rivers, cliffs, falling trees and other objects, risks or harms associated with the forest area and in the event of such events occurring shall not hold the Service liable.
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| (b) |
The Joint Manager shall protect sacred groves and protected trees.
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| (c) |
The Joint Manager shall assist the Service in enforcing the provisions of the Forests Act and any rules and regulations made pursuant thereto, in particular, those concerning illegal harvesting of forest produce and hunting of game.
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| (d) |
The Joint Manager shall keep the Service informed of any developments, changes and occurrences within the forest which affect the conservation of biodiversity.
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| (e) |
The Joint Manager shall patrol the forest area, in close cooperation with the Service, to protect the forest. The Joint Manager shall provide the patrols with means of communication to enable communication with the appropriate Service forest guard station.
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| (f) |
The Joint Manager shall provide labour, tools and equipment for the forest management operations.
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| (g) |
The Joint Manager shall take precautions against theft or destruction of tress and other forest resources and produce.
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| (h) |
The Joint Manager shall take such precautions against occurrence fire and where it occurs, help in fire fighting.
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| (i) |
The Joint Manager shall in consultation with the Service, prepare an annual operations plan for the forest area. The Joint Manager shall ensure that the annual operations plan is consistent with the management plan and the annual operations plan shall be subject to the approval of the Service.
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| (j) |
The Joint Manager shall keep written records of all activities conducted in the forest area and preserve those records for at least six years from when first written or throughout the duration of this agreement whichever is longer.
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| (k) |
This joint agreement does not give the Joint Manager the right to mining, quarrying, logging, timber extraction or other activities.
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| 12. |
| (a) |
To ensure effective implementation of this joint agreement a joint management team shall be appointed consisting of the following persons:
| (i) |
Two officers of the Service designated by the Director, one who is a disciplined officer and the other a professional officer of the Service; |
| (ii) |
Two persons appointed by the Joint Manager; |
| (iii) |
One person representing the community forest association in the forest station appointed by the Service. |
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| (b) |
With the assistance of the Service and the Joint Manager, the joint management team shall update the forest management plan every five years, and the updated forest management plan shall be subject to approval by the Service.
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| (c) |
The joint management team shall meet on a periodic basis to be agreed by the parties to monitor the progress of implementation of this agreement in accordance with the joint management plan. However, the Service shall have the ultimate authority in monitoring the implementation of this agreement.
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| (d) |
The joint management team shall keep written records of their meetings and they shall submit these records to the Service on a regular basis in accordance with the joint management plan.
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| 13. |
COSTS AND BENEFIT SHARING ARRANGEMENT
| (a) |
The Joint Manager undertakes to pay such fees as prescribed under the Forests Act and regulations including annual fees and other fees to facilitate such other activities as may fall within the ambit of this agreement.
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| (b) |
Except as otherwise stated in this agreerhent, the costs of implementing this agreement and the benefits accruing shall be shared according to the Annex 3 to this Form. This Annex is an integral part of this agreement.
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| (c) |
Nothing under this agreement exempts the Joint Manager from paying such taxes, fees and levies as it may be required under the Laws of Kenya.
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| 14. |
| (a) |
In the event of a dispute concerning this agreement or its implementation the parties may submit the dispute for arbitration, to be resolved in accordance with the Arbitration Act (Cap 49) Laws of Kenya.
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| (b) |
The cost of arbitration shall be borne equally by both parties.
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| (c) |
The arbitration shall take place in Nairobi.
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| 15. |
VARIATION
This agreement may be varied by mutual consent of both parties provided that the variation does not alter the objectives and purpose of this agreement, is within the provisions of the Forests Act, rules and regulations and is in writing.
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| 16. |
SUSPENSION
The Service may suspend this agreement in the following circumstances:
| (a) |
Where the Joint Manager is found by an arbitrator to have breached the terms of this agreement and does not remedy the breach as provided in the arbitral award.
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| (b) |
Where overwhelming acts of third parties or nature make it temporarily impossible for a party to comply with this agreement.
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| (c) |
Where the implementation of this agreement is not consistent with the forest management plan.
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| (d) |
Where the employees, agents or servants of the Joint Manager carry out activities that are contrary to the provisions of the Forests Act, (Cap 385) the Wildlife (Conservation and Management) Act, (Cap 376) the Water Act (Cap 372 and such other Acts, regulations and rules that may apply.
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| 17. |
TERMINATION
This agreement may be terminated in the following circumstances:
| (a) |
By operation of law, where the Joint Manager is deregistered, dissolved or in receivership.
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| (b) |
By the written order of an arbitrator, where an arbitrator finds a party to this agreement having breached the agreement and the breach is not remedied as provided in the arbitral award.
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| (c) |
By the Service delivering written notice to the Joint Manager, if any fees, levies or dues payable to the Service under this agreement remain unpaid for thirty days.
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By either party delivering a written notice of termination to the other party, at least three months after either party issues written notice to the other of its intention to terminate this agreement.
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| 18. |
MONITORING AND EVALUATION
| (a) |
The Joint Manager shall make such periodic reports to the Service as may be required under the joint management plan as agreed by the parties.
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| (b) |
The Joint Manager shall keep written records of all activities conducted in the forest area and preserve those records for at least six years from when first written or throughout the duration of this agreement whichever is longer.
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| 19. |
INDEMNITY, RISK AND LIABILITY
| (a) |
The Joint Manager shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this agreement or any breach of any of the obligations on the part of the Joint Manager contained in this agreement or the exercise or purported exercise of the rights given herein.
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| (b) |
The Joint Manager shall ensure that its employees, servants and agents take precaution and other necessary measures to protect themselves against risks such as harm from wildlife, fires, rivers, falling trees and other objects associated with the agreement and the forest area.
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| (c) |
In this regard, the Service shall not be liable for any injury, loss or damage occurring to the Joint Manager its members, employees, servants, agents, goods or equipment.
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| 20. |
| (a) |
This agreement does not create any kind of joint venture or partnership between the parties.
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| (b) |
This agreement does not make either party the agent of the other.
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| (c) |
This agreement does not give the Joint Manager exclusive possession of the forest area or any part thereof and does not create nor is it intended to create a lease or tenancy in any way whatsoever.
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SEALED with the common seal of
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KENYA FOREST SERVICE in the
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presence of :-
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Director
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Witnessed by
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SIGNED for and on behalf of ....................
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..............................................................in the
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In the presence of :-
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Director
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Secretary
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Annex 1
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JOINT MANAGEMENT PLAN
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Annex 2
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SKETCH PLAN
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Annex 3
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COST / BENEFIT SHARING MODE
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COMMUNITY MANAGEMENT AGREEMENT PARTIES
This agreement is made this ............ day of .......... 20 ............ between the Kenya Forest Service of P.O. BOX ..................... Nairobi on one hand (hereinafter referred to as "the Service") and ........... Community Forest Association of P.O. BOX .................... on the other hand (hereinafter referred to as "the Association"). The Service and the Association are jointly "the parties".
| 2. |
| (a) |
The parties enter into this agreement for the purposes of granting the Association permission to participate in the conservation and management of.......... Forest located at ............... Forest Station in ................ Division ("the forest area") as per the attached site-specific management plan.
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| (b) |
The forest area comprises .................. hectares and its boundaries are better described in the sketch plan.
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| (c) |
The sketch map and the management plan form an integral part of this agreement.
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| 3. |
ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT
| (a) |
The Association may only assign this agreement with the written approval of the Service.
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| (b) |
The Service through the Director shall not approve an assignment of this agreement which would depart from the main objectives and purpose set out in this agreement.
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| (c) |
The Association is liable for all the activities, acts and omissions of the assignees of its rights under the agreement.
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| 4. |
DURATION
This agreement has a term of ...................... years from ................
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| 5. |
AUTHORISED ACTIVITIES
i. The Association may carry out those activities outlined in the site-specific forest management plan.
ii. The Association may, with the written approval of the Service, enter into partnership or agreements with other persons for the purposes of ensuring efficient and sustainable conservation and management of the forest area.
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| 6. |
BASIC WARRANTIES OF THE SERVICE
i. The forest area is a state forest.
ii. At the time of making this agreement, the property rights attached to the forest area consist of:
a) the easements, rights of way, servitudes, mineral rights, or other claims of records listed in the schedule to this agreement
b) any customary rights established under section 22 of the Forests Act, and
c) the Government's own right of ownership and these rights shall remain during the tenure of this agreement.
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| 7. |
BASIC WARRANTIES OF THE ASSOCIATION
i. The Association is duly incorporated or registered or validly existing and in good standing.
ii. The Association shall retain its power, ability and competence in carrying out its rights and obligations under this agreement.
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| 8. |
RIGHTS OF THE SERVICE
i. This agreement is subject to the provisions of the Forest Conservation and Management Act (Cap 385).
ii. The Service may inspect records kept by the Association from time to time.
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| 9. |
RIGHTS OF THE ASSOCIATION
The Association, its members, servants, employees and agents shall have the right to enter the forest area for the purposes of carrying out activities to fulfill the requirements of this agreement.
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| 10. |
USER RIGHTS
i. The Association shall have the following user rights2:
i) .......................................
ii) ......................................
iii) .....................................
ii. Subject to Section 47 of the Forests Act, the Service through the Director may, in consultation with the Association, make rules regulating the performance of any of the above user rights.
iii. The grant of the user rights shall not exclude the Association or its members from paying such fees, taxes and levies required for the exercise of the right or carrying out of activity or by any law.
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| 11. |
OBLIGATIONS OF THE SERVICE
i. The Service shall allow access to the forest area of the Association, its members, servants, employees and agents for the purposes of carrying out activities to fulfill the requirements of this agreement provided that such access is done in an orderly manner, on designated paths, routes and roads and without committal of any offences under the Forest Conservation and Management Act (Cap 385) or regulations or under any law.
ii. The Service shall monitor and evaluate the implementation of the site-specific management plan.
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| 12. |
OBLIGATIONS OF THE ASSOCIATION
i. The Association shall protect, conserve and manage the forest or part thereof pursuant to this management agreement and the provisions of the approved management plan for the forest.
ii. The Association shall protect sacred groves and protected trees.
iii. The Association shall assist the Service in enforcing the provisions of the Act and any rules and regulations made pursuant thereto, in particular in relation to illegal harvesting of forest produce and hunting of game.
iv. The Association shall inform the Service if the Association becomes aware of any developments, changes and occurrences within the forest which are critical for the conservation of biodiversity.
v. The Association shall take precautions against occurrence of fire and where it occurs, help in fire fighting.
vi. The Association shall maintain a roll of its members, agents, servants and employees and shall update the same regularly and furnish the details of the roll to the Service upon request.
vii. The Association shall keep written records of all activities conducted in the forest area and preserve those records for at least six years from when first written or throughout the duration of this agreement whichever is longer.
2 The user rights may vary from agreement to agreement and should be inserted as necessary as provided in section 47(2) of the Act.
viii. Where the Association engages in commercial activities, the association shall comply with all the laws for the time being in force for the regulations of such activities, and any violation of those laws is a breach of this agreement.
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| 13. |
INDEMNITY, RISK AND LIABILITY
i. The Association shall indemnify the Service against all losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this agreement or any breach of any of the obligations on the part of the Association contained in this agreement or the exercise or purported exercise of the rights given herein.
ii. The Association shall provide adequate security for its members, employees, servants and agents and shall ensure that precaution and other necessary measures are taken to protect themselves against risks such harm from wildlife, fires, rivers, falling trees and other objects associated with management of the forest.
iii. In this regard, the Service is not liable for any injury, loss or damage occurring to the Association, its members, employees, servants, agents, goods or equipment.
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| 14. |
DISPUTE RESOLUTION
i. Where the Service is dissatisfied with the implementation of this agreement, it may submit the dispute for arbitration, to be resolved in accordance with the Arbitration Act (Cap. 49) Laws of Kenya.
ii. Where the Association is aggrieved by the decision of the Service on the implementation of this agreement,
a) it may within thirty days after being notified of the decision, appeal to the Board of the Service against the decision.
b) in the event of the parties being dissatisfied thereafter, the parties may submit the dispute for arbitration, to be resolved in accordance with the Arbitration Act (Cap 49) Laws of Kenya.
iii. Where a dispute is submitted to arbitration under the provisions of this agreement,
a) the cost of arbitration shall be borne equally by both parties.
b) The arbitration shall take place at the headquarters of the forest conservancy area where the forest area is situated.
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| 15. |
TERMINATION OR WITHDRAWAL OF USER RIGHT
i. The Service may terminate this agreement in the following circumstances:
a) Where the Association is deregistered;
b) Where the Association breaches any of the terms and conditions of this agreement;
c) Where the Service considers termination as necessary for purposes of protecting and conserving biodiversity;
d) Where the Association itself so requests.
ii. The Service may withdraw a particular user right in the following circumstances:
a) Where the Association breaches any of the terms and conditions of this Agreement;
b) Where the Service considers withdrawal as necessary for purposes of protecting and conserving biodiversity;
c) Where the Association itself so requests.
iii. Where the Service intends to terminate this agreement or withdrawal of a particular user right it shall give the Association thirty days' notice in writing to show cause why the management agreement should not be terminated or, the user right so withdrawn. During this period, this agreement or the right in question shall be suspended.
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| 16. |
RELATIONSHIP OF PARTIES
i. This agreement does not create any kind of joint venture or partnership between the parties.
ii. This agreement does not make either party the agent of the other.
iii. This agreement does not give the association exclusive possession of the forest area or any part thereof and create nor is it intended to create a lease or tenancy in any way whatsoever.
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SEALED with the common seal of the
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KENYA FOREST SERVICE in the
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presence of :-
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)
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Director
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)
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)
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In the presence of
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SIGNED for and on behalf of the
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.................................Community Forest
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Association
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In the presence of
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Chairman
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Secretary
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NON-RESIDENT CULTIVATION PERMIT
This non-resident cultivation permit is granted to Mr/Mrs/Miss/Ms
.......................... ID No .....................
Member of ............................ Community Forest Association of
P. 0. BOX ........................................................
to cultivate plot number ............., measuring .............. hectares for purposes of identification marked in red and numbered accordingly on the sketch plan Mr this permit in Sub-Compartment Number ............ in ............... Forest Station for a period of one (1) year, subject to the following terms and conditions:
| 1. |
This permit only allows the permit-holder to use the plot. This permit does not make the permit-holder owner of the plot. The permit-holder may keep other people off the plot (except for people from the Service), but the permit-holder has no right to sell, rent, or act as owner of the plot in any way.
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| 2. |
The permit-holder shall plant only annual crops on the plot. The Service has a list of approved crops. The permit-holder shall choose his crops from this list and plant only annual crops.
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| 3. |
The permit-holder shall help the Service upon request in—
a. Beating up or replanting, whichever may be appropriate, in cases of low survival of tree seedlings;
b. Controlling illegal forest activities;
c. Preventing or fighting forest fires; and
d. Any other activity for the benefit of the forest.
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| 4. |
The permit-holder shall use only hand tools to work the plot.
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| 5. |
The permit-holder shall not build anything on the plot, except with written permission of the Service.
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| 6. |
Breaking the terms of this permit is an offence and if that happens, the Service may withdraw this permit. A permit-holder who breaks the terms of this permit may also have to pay the Service an administrative fee.
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| 7. |
The permit-holder accepts the risk of injury, harm or death from trees, logs, wild animals, game, rivers and streams, and other hazards on the plot and neighboring forest. Whether the injury happens to property, the permit-holder, or another person, the Service is not responsible.
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| 8. |
This permit does not give the permit holder exclusive possession of the plot or any part thereof and does not create nor is it intended to create a lease or tenancy in any way whatsoever.
Signed by the Permit holder ..................................................
Date .........................................................
Name of Issuing Officer ......................................
Official Stamp .................... Date .....................
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THE FOREST (CHARCOAL) RULES
ARRANGEMENT OF RULES
| 5. |
Establishment of associations
|
| 6. |
Establishment of licensing committee
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| 7. |
Requirement for a licence
|
| 11. |
Revocation, suspension or cancellation of licence
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| 12. |
Prohibition relating to licences
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| 13. |
Request to provide data
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| 14. |
Charcoal movement permit
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| 16. |
Protection of endangered and threatened plant species
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SCHEDULES
| FIRST SCHEDULE [r. 5] — |
INFORMATION ON CHARCOAL PRODUCER ASSOCIATIONS
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THE FOREST (CHARCOAL) RULES, 2009
| 1. |
Citation
These Regulations may be cited as the Forests (Charcoal) Regulations, 2009.
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| 2. |
Application
These Regulations shall be in addition to any other written law relating to forestry and sustainable charcoal production, transportation and marketing, for the time being in force.
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| 3. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the Forests Act, 2005;
“charcoal” means wood fuel product derived from carbonization of wood or other plant materials;
“competent authority” refers to the Kenya Forest Service established under the Act;
“export” means commercial trade with a natural or legal person outside the territory of Kenya;
“Service” means the Kenya Forest Service established under the Act.
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| 4. |
Competent authority
| (1) |
The Kenya Forest Service shall be the competent authority responsible for the issuance of licences for the production and transportation of charcoal.
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| (2) |
No licensing authority established under, any other written law, shall issue a trading permit or licence for the undertaking of any activity relating to commercial charcoal trade unless the applicant has produced to the licensing authority a licence for charcoal production or transportation, issued by the Service under these Regulations.
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| 5. |
Establishment of associations
| (1) |
All commercial charcoal producers shall organize themselves and form charcoal producer associations in the manner set out in the First Schedule.
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| (2) |
The Service shall register and issue a registration certificate in Form 1 set out in the Second Schedule to a commercial charcoal association formed under paragraph (1).
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| (3) |
An association registered under paragraph (2) shall—
| (a) |
facilitate sustainable production of charcoal by its members;
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| (b) |
ensure that its members implement the reforestation conservation plans;
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| (c) |
develop and implement a Code of Practice for the purposes of self regulation;
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| (d) |
assist the Service in enforcing the provisions of the Act relating to sustainable charcoal production, transportation and marketing; and
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| (e) |
do any other thing that is necessary for sustainable charcoal production and transportation.
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|
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| 6. |
Establishment of licensing committee
| (1) |
Every forest conservation committee shall from its membership establish a licensing sub-committee.
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| (2) |
Notwithstanding paragraph (1), the Board may, on the recommendation of a forest conservation committee, establish any other licensing sub-committee in any part of a conservancy as it considers appropriate.
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| (3) |
A licensing sub-committee established under paragraph (1) or (2) shall—
| (a) |
consider and recommend applications for the issuance of charcoal producers’ licence;
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| (b) |
assess and approve plans and structures of intended charcoal production;
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| (c) |
recommend the suspension or revocation of a charcoal producers’ licence; and
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| (d) |
perform such other functions as may be delegated by the Committee, that may be necessary or expedient for the licensing of sustainable charcoal production, transportation and marketing.
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| (4) |
Every Committee shall maintain a register of all charcoal producers within its jurisdiction who are licensed under these Regulations.
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| 7. |
Requirement for a licence
| (1) |
No person shall undertake or engage in any activity relating to commercial charcoal production and transportation without a valid licence, issued by the Service under these Regulations.
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| (2) |
A person or association that wishes to obtain a licence to undertake or engage in any activity relating to commercial charcoal production and transportation shall—
| (a) |
make an application to the forest conservation committee in Form 2 set out in the Second Schedule;
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| (b) |
pay the prescribed fee; and
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| (c) |
provide such other information that the forest conservation committee may require.
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| (3) |
Upon the receipt of an application, the licensing subcommittee may—
| (a) |
consider the application; or
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| (b) |
require the applicant to submit a declaration or provide such additional information as it may consider necessary for the determination of the application.
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| (4) |
The licensing sub-committee shall, when determining an application consider—
| (a) |
the document submitted by the applicant in support of the application including, among others, the registration certificate of the association, its constitution and the list of members;
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| (b) |
the place or places where charcoal is to be produced;
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| (c) |
designated charcoal collection points;
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| (d) |
the consent from the owner, or authorized person, of the land where charcoal is to be produced in Form 3 set out in the Second Schedule;
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| (e) |
tree species, number of trees and estimated volume to be used for charcoal production;
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| (f) |
type of technology to be used as may be prescribed under these Regulations or any other written law, in particular, the Energy Act (Act No. 1 of 2019);
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| (g) |
a recommendation from the local environment committee; and
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| (h) |
the reforestation or conservation plan for the area where trees will be managed for charcoal production.
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| (5) |
After considering an application and all the matters relevant to it, the licensing sub-committee may make a recommendation to grant or not to grant the licence.
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| (6) |
Upon receipt of the recommendations from the licensing subcommittee, the Committee may, recommend to the Board, to grant or refuse to grant the licence, or grant the application subject to such conditions as the Service may deem expedient.
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| (7) |
Any person who is aggrieved by any decision of the Service made under paragraph (6) may, within thirty days of communication to him of such decision, appeal to the National Environment Tribunal established under the Environmental Management and Co-ordination Act, (Act No. 8 of 1999).
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| (8) |
The Service may on recommendation of the relevant Committee, at any time vary the conditions of a licence where it considers it expedient for ensuring sustainable charcoal production.
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| 8. |
Licence
| (1) |
A licence issued under these Regulations, shall unless earlier revoked, be valid for the period specified in the licence and where no such period is specified, the licence shall expire on the 31st December of the year in which it is issued.
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| (2) |
A licence issued under these Regulations is not transferable.
|
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| 9. |
Exemption
| (1) |
Notwithstanding regulations 7 and 8, a person who wishes to produce charcoal on his own land for his own consumption, shall not require a licence.
|
| (2) |
Notwithstanding paragraph (1), a person who wishes to produce charcoal for commercial purposes on his own land, shall be required to obtain a licence.
|
|
| 10. |
Renewal of licence
An application for the renewal of a licence shall be made at least one month before the expiry date of the existing licence.
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| 11. |
Revocation, suspension or cancellation of licence
| (1) |
The Service may suspend or revoke a licence issued under these Regulations where the holder of a licence contravenes the conditions of the licence.
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| (2) |
The Service shall, upon its intention to suspend or revoke the licence under paragraph (1), notify the concerned party accordingly and give a fourteen days notice of revocation or cancellation thereof if the concerned party fails to fulfill such conditions as may be specified in the notice.
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| (3) |
The Service may suspend or cancel a licence for charcoal production upon expiry of the notice period prescribed under paragraph (2) of this regulation.
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| (4) |
Whenever a licence issued is suspended or revoked, the licensee shall cease operations of the charcoal production that is the subject of the licence until the suspension is lifted or a new licence is issued by the Service.
|
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| 12. |
Prohibition relating to licences
| (1) |
| (a) |
unlawfully alter or endorse, a licence issued to him for the use any other person;
|
| (b) |
engage in commercial charcoal production on the basis of a licence issued to another person; or
|
| (c) |
having been disqualified from holding a licence under the Act, apply for a licence without disclosing to the licensing sub-committee the disqualification.
|
|
| (2) |
Any person who contravenes the provisions of this regulation commits an offence.
|
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| 13. |
Request to provide data
A licensee shall, upon receiving a written request from the Director, provide such data relating to charcoal production as the Director may specify in the request.
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| 14. |
Charcoal movement permit
| (1) |
No person shall, move charcoal or charcoal products from one place to another unless that person—
| (a) |
is in possession of a valid charcoal movement permit issued under these Regulations and is operating in conformity with the terms and conditions of such permit; and
|
| (b) |
has a certificate of origin for the charcoal the subject of the charcoal movement permit duly signed by the relevant association or person from whom charcoal is to be obtained; or
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| (c) |
has an original receipt from the vendor.
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|
| (2) |
A person who wishes to obtain a charcoal movement permit shall make an application to the Service in the prescribed form.
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| (3) |
The Service shall, upon approving an application under paragraph (1), issue a charcoal movement permit in Form 4 set out in the Second Schedule, upon payment of the prescribed fee.
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| (4) |
The Service may specify in the charcoal movement permit, the vehicle or vessel that may be used to transport charcoal or charcoal products.
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| (5) |
A charcoal movement permit shall not be transferable.
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| (6) |
Any person who contravenes the provisions of this regulation commits an offence.
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|
| 15. |
Record keeping
| (1) |
A person engaged in wholesale or retail trade in charcoal shall keep a record of the sources of charcoal, and copies of the certificates of origin and the movement permits.
|
| (2) |
No person or association shall engage in trade in charcoal with unlicensed charcoal producers.
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| (3) |
A forest officer may at any time enter the premises in which wholesale or retail trade in charcoal is being undertaken to inspect the records.
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| (4) |
Any person who contravenes the provisions of this regulation commits an offence.
|
|
| 16. |
Protection of endangered and threatened plant species
| (1) |
No person shall produce charcoal from endangered, threatened and protected plant species.
|
| (2) |
The Service shall publish, in the Gazette, a list of endangered, threatened and protected plant species.
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| (3) |
Any person who contravenes paragraph (1) commits an offence.
|
|
| 17. |
Export permit
| (1) |
No person or association shall export charcoal or charcoal products, from Kenya, unless that person has obtained an export permit from the Service.
|
| (2) |
A person who wishes to obtain an export permit under this regulation shall make an application in Form 5 set out in the Second Schedule to the Director and provide a proper description of the source of charcoal.
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| (3) |
The Director shall, upon approving an application, issue an export permit in Form 6 and a safety certificate in Form 7 set out in the Second schedule upon the payment of the prescribed fee.
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| (4) |
The Director shall, before granting an export permit, consider the local supply and demand situation of charcoal.
|
| (5) |
A permit and safety certificate shall—
| (a) |
be surrendered to the customs officer at the port of export or where such export permit and safety certificate are required by the importer, and the said export permit and safety certificate shall be endorsed at the port of export; and
|
| (b) |
expire either on the date specified thereon or when the consignment is shipped or whichever occurs first.
|
|
| (6) |
Any person who contravenes the provisions of this regulation shall be guilty of an offence.
|
|
| 18. |
Import permit
| (1) |
No person or association shall import into Kenya charcoal or charcoal products unless he has obtained an import permit issued by the Service.
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| (2) |
A person who wishes to obtain a permit under this Regulation shall make an application in Form 5 set out in the Second Schedule and provide a proper description of the source of charcoal and submit the application to the respective Committee.
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| (3) |
The Committee shall consider applications submitted under paragraph (2) and forward the applications together with its recommendation, taking into account the supply and demand situation, to the Director for approval.
|
| (4) |
The Director shall, upon approving an application, issue an import permit in Form 6 set out in the Second Schedule, subject to payment of the prescribed fee.
|
| (5) |
Any person who contravenes the provisions of this regulation commits an offence.
|
|
| 19. |
Inspections
| (1) |
A forest officer may carry out inspections at the premises or vessels used for charcoal production, transportation and trade—
| (b) |
when non-compliance is suspected; and
|
| (c) |
when it is required for the purpose of issuing a licence or permit.
|
|
| (2) |
A licensee shall produce a licence or permit issued under these Regulations to a forest officer, on demand.
|
| (3) |
Whenever practicable, a forest officer shall carry out an inspection without giving prior notice.
|
|
| 20. |
General penalty
Any person who contravenes the provisions of these Regulations for which no specific penalty is provided commits an offence and is liable to a fine of not less than ten thousand shillings or an imprisonment for a term not exceeding three months.
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| 21. |
Effect of conviction
| (1) |
Notwithstanding any other penalty prescribed under these Regulations, the Service may revoke the licence or permit of any person who is convicted of an offence under these Regulations.
|
| (2) |
Any person convicted of an offence under these Regulations shall, unless the Board in writing otherwise directs, stand disqualified from holding a licence or permit related to the provisions under which he has been convicted, for a period of one year from the time of conviction.
|
| (3) |
The holder of any licence or permit which is cancelled pursuant to paragraph (1) of this Regulation shall, within fourteen days from the date of conviction surrender the licence or permit to the Service.
|
|
FIRST SCHEDULE
INFORMATION ON CHARCOAL PRODUCER ASSOCIATIONS
| 1. |
Every conservancy shall encourage individuals or groups involved in charcoal production to form associations.
|
| 2. |
The purpose for which the associations are established is to reduce licensing bureaucracy and make the licensing more affordable.
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| 3. |
Each association shall keep—
| (a) |
a list of members of the association and their addresses;
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| (b) |
a list of current/interim officials of the association;
|
| (c) |
its Constitution and Code of Practice for the association;
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| (d) |
a list of the places where the members of the association operates from;
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| (e) |
a record of the activities of the association relating to charcoal production and transportation;
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| (f) |
information relating to the ownership of the land and the activities on the land;
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| (g) |
the technology the association members use in charcoal production and the extent to which they have complied with the requirements under the Act or Regulations or any other written law, including among others, the Energy Act; and
|
| (h) |
its technical and financial capability.
|
|
| 4. |
A registered community forest association (CFA) shall be eligible to engage in charcoal production:
Provided that its constitution so allows and upon the fulfillment of the requirements set out in paragraph (3) of this Schedule.
|
THE FOREST (CHARCOAL) RULES
| 1. |
Citation
These Regulations may be cited as the Forests (Charcoal) Regulations.
|
| 2. |
Application
These Regulations shall be in addition to any other written law relating to forestry and sustainable charcoal production, transportation and marketing, for the time being in force.
|
| 3. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the Forest Conservation and Management Act (Cap. 385);
“charcoal” means wood fuel product derived from carbonization of wood or other plant materials;
“competent authority” refers to the Kenya Forest Service established under the Act;
“export” means commercial trade with a natural or legal person outside the territory of Kenya;
“Service” means the Kenya Forest Service established under the Act.
|
| 4. |
Competent authority
| (1) |
The Kenya Forest Service shall be the competent authority responsible for the issuance of licences for the production and transportation of charcoal.
|
| (2) |
No licensing authority established under, any other written law, shall issue a trading permit or licence for the undertaking of any activity relating to commercial charcoal trade unless the applicant has produced to the licensing authority a licence for charcoal production or transportation, issued by the Service under these Regulations.
|
|
| 5. |
Establishment of associations
| (1) |
All commercial charcoal producers shall organize themselves and form charcoal producer associations in the manner set out in the First Schedule.
|
| (2) |
The Service shall register and issue a registration certificate in Form 1 set out in the Second Schedule to a commercial charcoal association formed under paragraph (1).
|
| (3) |
An association registered under paragraph (2) shall—
| (a) |
facilitate sustainable production of charcoal by its members;
|
| (b) |
ensure that its members implement the reforestation conservation plans;
|
| (c) |
develop and implement a Code of Practice for the purposes of self regulation;
|
| (d) |
assist the Service in enforcing the provisions of the Act relating to sustainable charcoal production, transportation and marketing; and
|
| (e) |
do any other thing that is necessary for sustainable charcoal production and transportation.
|
|
|
| 6. |
Establishment of licensing committee
| (1) |
Every forest conservation committee shall from its membership establish a licensing sub-committee.
|
| (2) |
Notwithstanding paragraph (1), the Board may, on the recommendation of a forest conservation committee, establish any other licensing sub-committee in any part of a conservancy as it considers appropriate.
|
| (3) |
A licensing sub-committee established under paragraph (1) or (2) shall—
| (a) |
consider and recommend applications for the issuance of charcoal producers’ licence;
|
| (b) |
assess and approve plans and structures of intended charcoal production;
|
| (c) |
recommend the suspension or revocation of a charcoal producers’ licence; and
|
| (d) |
perform such other functions as may be delegated by the Committee, that may be necessary or expedient for the licensing of sustainable charcoal production, transportation and marketing.
|
|
| (4) |
Every Committee shall maintain a register of all charcoal producers within its jurisdiction who are licensed under these Regulations.
|
|
| 7. |
Requirement for a licence
| (1) |
No person shall undertake or engage in any activity relating to commercial charcoal production and transportation without a valid licence, issued by the Service under these Regulations.
|
| (2) |
A person or association that wishes to obtain a licence to undertake or engage in any activity relating to commercial charcoal production and transportation shall—
| (a) |
make an application to the forest conservation committee in Form 2 set out in the Second Schedule;
|
| (b) |
pay the prescribed fee; and
|
| (c) |
provide such other information that the forest conservation committee may require.
|
|
| (3) |
Upon the receipt of an application, the licensing subcommittee may—
| (a) |
consider the application; or
|
| (b) |
require the applicant to submit a declaration or provide such additional information as it may consider necessary for the determination of the application.
|
|
| (4) |
The licensing sub-committee shall, when determining an application consider—
| (a) |
the document submitted by the applicant in support of the application including, among others, the registration certificate of the association, its constitution and the list of members;
|
| (b) |
the place or places where charcoal is to be produced;
|
| (c) |
designated charcoal collection points;
|
| (d) |
the consent from the owner, or authorized person, of the land where charcoal is to be produced in Form 3 set out in the Second Schedule;
|
| (e) |
tree species, number of trees and estimated volume to be used for charcoal production;
|
| (f) |
type of technology to be used as may be prescribed under these Regulations or any other written law, in particular, the Energy Act (Cap. 314);
|
| (g) |
a recommendation from the local environment committee; and
|
| (h) |
the reforestation or conservation plan for the area where trees will be managed for charcoal production.
|
|
| (5) |
After considering an application and all the matters relevant to it, the licensing sub-committee may make a recommendation to grant or not to grant the licence.
|
| (6) |
Upon receipt of the recommendations from the licensing subcommittee, the Committee may, recommend to the Board, to grant or refuse to grant the licence, or grant the application subject to such conditions as the Service may deem expedient.
|
| (7) |
Any person who is aggrieved by any decision of the Service made under paragraph (6) may, within thirty days of communication to him of such decision, appeal to the National Environment Tribunal established under the Environmental Management and Co-ordination Act (Cap. 387).
|
| (8) |
The Service may on recommendation of the relevant Committee, at any time vary the conditions of a licence where it considers it expedient for ensuring sustainable charcoal production.
|
|
| 8. |
Licence
| (1) |
A licence issued under these Regulations, shall unless earlier revoked, be valid for the period specified in the licence and where no such period is specified, the licence shall expire on the 31st December of the year in which it is issued.
|
| (2) |
A licence issued under these Regulations is not transferable.
|
|
| 9. |
Exemption
| (1) |
Notwithstanding regulations 7 and 8, a person who wishes to produce charcoal on his own land for his own consumption, shall not require a licence.
|
| (2) |
Notwithstanding paragraph (1), a person who wishes to produce charcoal for commercial purposes on his own land, shall be required to obtain a licence.
|
|
| 10. |
Renewal of licence
An application for the renewal of a licence shall be made at least one month before the expiry date of the existing licence.
|
| 11. |
Revocation, suspension or cancellation of licence
| (1) |
The Service may suspend or revoke a licence issued under these Regulations where the holder of a licence contravenes the conditions of the licence.
|
| (2) |
The Service shall, upon its intention to suspend or revoke the licence under paragraph (1), notify the concerned party accordingly and give a fourteen days notice of revocation or cancellation thereof if the concerned party fails to fulfill such conditions as may be specified in the notice.
|
| (3) |
The Service may suspend or cancel a licence for charcoal production upon expiry of the notice period prescribed under paragraph (2) of this regulation.
|
| (4) |
Whenever a licence issued is suspended or revoked, the licensee shall cease operations of the charcoal production that is the subject of the licence until the suspension is lifted or a new licence is issued by the Service.
|
|
| 12. |
Prohibition relating to licences
| (1) |
| (a) |
unlawfully alter or endorse, a licence issued to him for the use any other person;
|
| (b) |
engage in commercial charcoal production on the basis of a licence issued to another person; or
|
| (c) |
having been disqualified from holding a licence under the Act, apply for a licence without disclosing to the licensing sub-committee the disqualification.
|
|
| (2) |
Any person who contravenes the provisions of this regulation commits an offence.
|
|
| 13. |
Request to provide data
A licensee shall, upon receiving a written request from the Director, provide such data relating to charcoal production as the Director may specify in the request.
|
| 14. |
Charcoal movement permit
| (1) |
No person shall, move charcoal or charcoal products from one place to another unless that person—
| (a) |
is in possession of a valid charcoal movement permit issued under these Regulations and is operating in conformity with the terms and conditions of such permit; and
|
| (b) |
has a certificate of origin for the charcoal the subject of the charcoal movement permit duly signed by the relevant association or person from whom charcoal is to be obtained; or
|
| (c) |
has an original receipt from the vendor.
|
|
| (2) |
A person who wishes to obtain a charcoal movement permit shall make an application to the Service in the prescribed form.
|
| (3) |
The Service shall, upon approving an application under paragraph (1), issue a charcoal movement permit in Form 4 set out in the Second Schedule, upon payment of the prescribed fee.
|
| (4) |
The Service may specify in the charcoal movement permit, the vehicle or vessel that may be used to transport charcoal or charcoal products.
|
| (5) |
A charcoal movement permit shall not be transferable.
|
| (6) |
Any person who contravenes the provisions of this regulation commits an offence.
|
|
| 15. |
Record keeping
| (1) |
A person engaged in wholesale or retail trade in charcoal shall keep a record of the sources of charcoal, and copies of the certificates of origin and the movement permits.
|
| (2) |
No person or association shall engage in trade in charcoal with unlicensed charcoal producers.
|
| (3) |
A forest officer may at any time enter the premises in which wholesale or retail trade in charcoal is being undertaken to inspect the records.
|
| (4) |
Any person who contravenes the provisions of this regulation commits an offence.
|
|
| 16. |
Protection of endangered and threatened plant species
| (1) |
No person shall produce charcoal from endangered, threatened and protected plant species.
|
| (2) |
The Service shall publish, in the Gazette, a list of endangered, threatened and protected plant species.
|
| (3) |
Any person who contravenes paragraph (1) commits an offence.
|
|
| 17. |
Export permit
| (1) |
No person or association shall export charcoal or charcoal products, from Kenya, unless that person has obtained an export permit from the Service.
|
| (2) |
A person who wishes to obtain an export permit under this regulation shall make an application in Form 5 set out in the Second Schedule to the Director and provide a proper description of the source of charcoal.
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| (3) |
The Director shall, upon approving an application, issue an export permit in Form 6 and a safety certificate in Form 7 set out in the Second schedule upon the payment of the prescribed fee.
|
| (4) |
The Director shall, before granting an export permit, consider the local supply and demand situation of charcoal.
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| (5) |
A permit and safety certificate shall—
| (a) |
be surrendered to the customs officer at the port of export or where such export permit and safety certificate are required by the importer, and the said export permit and safety certificate shall be endorsed at the port of export; and
|
| (b) |
expire either on the date specified thereon or when the consignment is shipped or whichever occurs first.
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| (6) |
Any person who contravenes the provisions of this regulation shall be guilty of an offence.
|
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| 18. |
Import permit
| (1) |
No person or association shall import into Kenya charcoal or charcoal products unless he has obtained an import permit issued by the Service.
|
| (2) |
A person who wishes to obtain a permit under this Regulation shall make an application in Form 5 set out in the Second Schedule and provide a proper description of the source of charcoal and submit the application to the respective Committee.
|
| (3) |
The Committee shall consider applications submitted under paragraph (2) and forward the applications together with its recommendation, taking into account the supply and demand situation, to the Director for approval.
|
| (4) |
The Director shall, upon approving an application, issue an import permit in Form 6 set out in the Second Schedule, subject to payment of the prescribed fee.
|
| (5) |
Any person who contravenes the provisions of this regulation commits an offence.
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| 19. |
Inspections
| (1) |
A forest officer may carry out inspections at the premises or vessels used for charcoal production, transportation and trade—
| (b) |
when non-compliance is suspected; and
|
| (c) |
when it is required for the purpose of issuing a licence or permit.
|
|
| (2) |
A licensee shall produce a licence or permit issued under these Regulations to a forest officer, on demand.
|
| (3) |
Whenever practicable, a forest officer shall carry out an inspection without giving prior notice.
|
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| 20. |
General penalty
Any person who contravenes the provisions of these Regulations for which no specific penalty is provided commits an offence and is liable to a fine of not less than ten thousand shillings or an imprisonment for a term not exceeding three months.
|
| 21. |
Effect of conviction
| (1) |
Notwithstanding any other penalty prescribed under these Regulations, the Service may revoke the licence or permit of any person who is convicted of an offence under these Regulations.
|
| (2) |
Any person convicted of an offence under these Regulations shall, unless the Board in writing otherwise directs, stand disqualified from holding a licence or permit related to the provisions under which he has been convicted, for a period of one year from the time of conviction.
|
| (3) |
The holder of any licence or permit which is cancelled pursuant to paragraph (1) of this Regulation shall, within fourteen days from the date of conviction surrender the licence or permit to the Service.
|
|
FIRST SCHEDULE [r. 5]
INFORMATION ON CHARCOAL PRODUCER ASSOCIATIONS
| 1. |
Every conservancy shall encourage individuals or groups involved in charcoal production to form associations.
|
| 2. |
The purpose for which the associations are established is to reduce licensing bureaucracy and make the licensing more affordable.
|
| 3. |
Each association shall keep—
| (a) |
a list of members of the association and their addresses;
|
| (b) |
a list of current/interim officials of the association;
|
| (c) |
its Constitution and Code of Practice for the association;
|
| (d) |
a list of the places where the members of the association operates from;
|
| (e) |
a record of the activities of the association relating to charcoal production and transportation;
|
| (f) |
information relating to the ownership of the land and the activities on the land;
|
| (g) |
the technology the association members use in charcoal production and the extent to which they have complied with the requirements under the Act or Regulations or any other written law, including among others, the Energy Act; and
|
| (h) |
its technical and financial capability.
|
|
| 4. |
A registered community forest association (CFA) shall be eligible to engage in charcoal production:
Provided that its constitution so allows and upon the fulfillment of the requirements set out in paragraph (3) of this Schedule.
|
SECOND SCHEDULE
|
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|
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FORM 1
|
[r. 5(2)]
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|
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Application Reference No. ..................
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FORESTS ACT, 2005
|
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CERTIFICATE OF REGISTRATION OF ASSOCIATION
|
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1. Name of Association ......................................
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2. PIN No. ..................................................................
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3. Number of Members .........................................
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4. Full Address ......................................................
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5: Location of Association: ............................................
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Conservancy/Area ..............................
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District .................................
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Location ....................................
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Village ................................
|
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has been registered as a Charcoal Producers' Association for purposes of engaging in sustainable charcoal production in accordance with the provisions of the Act and Regulations made thereunder and contingent to conditions specified hereunder:
...................................................................
...................................................................
...................................................................
Fees paid in words ..................... in figures ........................
Date of issue ........................................................
Date of expiry: 31st December,
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................................................
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Director,
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Kenya Forest Service
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FORM 2
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(r. 7(2)
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Application Reference No. ..................
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APPLICATION FOR CHARCOAL PRODUCER LICENCE
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PART A: DETAILS OF APPLICANT
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|
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A1. Name of Licensee (Association or Firm) ...........................Reg. Cert No. ......................
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A2. PIN No. .............................................................
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A3. Full Address ........................................................
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PART B: DETAILS OF CURRENT CHARCOAL LICENCE
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Bl: Name of the current charcoal licence ....................................................................................
|
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B2: Locality and Date of issue the current charcoal licence ....................................................
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PART C: MATERIAL CONSIDERATIONS
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C1: Place or places where charcoal is to be produced ............................................................
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C2: Designated charcoal collection point(s) .............................................................................
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C3: Consent from land owner as prescribed in Form 3 ..........................................................
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C4: Tree species to be used for charcoal production ...............................................................
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C5: Type of technology to be used ............................................................................................
|
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C6: A recommendation from the local environment committee ..........................................
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C7: Reforestation/conservation plan for the area ..................................................................
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PART D: DECLARATION BY APPLICANT
|
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the that the charcoal licence may be suspended, varied, revoked or cancelled if any information given above is false, misleading, wrong or incomplete.
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........................
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..........................
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.....................
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Name
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Position
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Signature
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On behalf of
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.................................
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.....................
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Association/Company name and seal
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Date
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PART E: FOR OFFICIAL USE ONLY
|
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Approved/Not Approved .................................................
Comments .............................................................
Officer ............... signature ................ Date ...............
Fees paid in words .......... In figures......... Date of issue .......
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.......................................................................
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Director
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Kenya Forest Service
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FORM 3
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(r. 7(4))
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FORESTS ACT, 2005
|
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CONSENT FROM THE LAND OWNER
|
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PART A: CONSENT HOLDER
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Al. Consent holders' Name (Association or Firm) ............. Reg. Cert. No. ...............
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A2. PIN No. ........................................................................................................................
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A3. Full Address ................................................................................................................
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PART B: CONSENT GRANTOR
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B1: Name of the land owner or authorized person ...................................................
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B2: Locality (LR. No.) ......................................................................................................
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B3: PIN No. ......................................................................................................................
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B4: Full Address .............................................................................................................
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PART C: DECLARATION BY LAND OWNER/AUTHORIZED PERSON
|
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|
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I hereby give the association/firm named above consent to produce charcoal on my parcel
|
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of land using indigenous/farm forestry wood resources in accordance with the provisions
|
|
of the Act, the Forests (charcoal) Regulations made thereunder and the
|
|
following conditions:
|
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............................................................................................................................................................
|
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...........................................................................................................................................................
|
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Given under my hand
|
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........................
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..........................
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.....................
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Name
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Land Owner/Authorized Person
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Signature
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On behalf of
|
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firm.................................
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.....................
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Association/Company name and seal
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Date
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PART D: FOR OFFICIAL USE ONLY
|
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Approved/Not Approved .................................................
Comments .............................................................
Officer ............... signature ................ Date ...............
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.......................................................................
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Director
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Kenya Forest Service
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FORM 4
|
(r. 14(3))
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CHARCOAL MOVEMENT PERMIT
|
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|
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1. Conservancy .................................. District .................. Station/Div./Loc. ...................
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Name ..................................................... of (address) .........................................................
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Nationality.......................................... IDNo./Passport No. ............................................
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|
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is hereby authorized to transport charcoal/charcoal products named hereinbelow:
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CHARCOAL/CHARCOAL PRODUCTS
|
QUANTITY
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FROM
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TO
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Conservancy
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Place
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Conservancy
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Place
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Reasons for movement ..................................................................................................
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Date of Transportation ................................... Date of expiry .....................................
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Official Receipt No. ........................................................................................................
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Name of Issuing Forest Officer ........... Designation ........ Signature ..........................
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Name of forest officer supervising removal ..................................................................
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Designation ............................... Signature ..................... Date .......................................
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Fees paid in words ..................................... In figures .................. Date of issue ...........
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.......................................................................
|
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Director
|
|
Kenya Forest Service
|
Contingent to any conditions as may be specified:
| (a) |
The charcoal movement permit is not transferable.
|
| (b) |
Transport of charcoal shall take place between 6 a.m. and 6 p.m.
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|
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FORM 5
|
(r.16, 17)
|
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|
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FORESTS ACT, 2005
|
|
APPLICATION FOR CHARCOAL IMPORT/EXPORT PERMIT
|
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|
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PART A: DETAILS OF THE APPLICANT
|
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|
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A 1 . Name of Applicant (Association or Firm) ...............................................................
|
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A2. Reg. Cert No. ..................................................................................................................
|
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A3. PIN No. ...........................................................................................................................
|
|
A4. Full Address ....................................................................................................................
|
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A5. Business Location: Name of Building/Place ..............................................................
|
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LR No. ...................
|
Street/Road ...................
|
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Town ...................
|
District ................................
|
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|
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PART B: BUSINESS DETAILS
|
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|
|
B1: Other than the business for which this application is made, are you involved in any other trade in the forestry industry? YES/NO ..................................
|
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|
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B2: If answer to B1 above is in the affirmative, specify nature or type of business(es)
|
|
....................................................................................................
|
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Charcoal/Charcoal Products
|
Quantity
|
Value
|
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|
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B4: Name and Address of Consignee/Supplier ..........................................................
|
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|
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PART C: SAFETY REQUIREMENTS
|
|
|
|
Cl: Does the charcoal for export/import meet the safety standards? YES/NO .............
|
|
C2: Is the charcoal free from fire and safe for transportation?
|
|
C3: If answer to Cl and C2 is in the affirmative, specify measures taken to render
|
|
the charcoal free from fire and other hazards ........................................................
|
|
|
|
PART D: DECLARATION BY APPLICANT(S)
|
|
|
|
I/We declare that the particulars and information supplied by me/us herein are true,
|
|
accurate and correct in every respect. I/We understand clearly that discovery of any false
|
|
information provided by me/us will render this application invalid
|
|
|
|
|
Signature ..................................
|
Date ..............................................
|
|
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Name (of signatory) .............................................................
|
|
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Position (in business) ...........................................................
|
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|
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PART E: FOR OFFICIAL USE ONLY
|
|
|
|
|
Approved/Not Approved .......................................................
|
|
|
Comments ...................................................................................
|
|
|
Officer ............................ signature ......................................... Date ...............................
|
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|
|
Fees paid in words................ In figures ............... Date of issue ...................
|
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...............................................................
|
|
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Director
|
|
|
Kenya Forest Service
|
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|
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|
|
FORM 6
|
(r. 16, 17)
|
|
|
|
CHARCOAL IMPORT/EXPORT PERMIT AND COMPLIANCE WITH CHARCOAL SAFELY REQUIREMENTS
|
|
|
|
To: The Collector of Customs
|
|
Kenya Revenue Authority
|
|
..................................................................
|
|
(Port/Airport of export)
|
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|
|
This is to confirm that (Name) ................................... of (address) .......................................
|
|
has been authorized to Import/Export Charcoal/Charcoal Products mentioned herein
|
|
below to/from (country) ..........................................................................
|
|
Charcoal/Charcoal Products
|
Quantity
|
Value
|
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|
|
Name and address of consignee .............................................................................................
|
|
The validity of this permit expires on the date specified or immediately on shipment of
|
|
the consignment whichever of the two occurs earlier.
|
|
|
|
Fees paid in words.................... In figures ........................ Date of issue ................................
|
|
|
...............................................................
|
|
|
Director
|
|
|
Kenya Forest Service
|
THE FORESTS (HARVESTING) RULES
ARRANGEMENT OF RULES
| 4. |
General provision for harvesting
|
| 5. |
Application for licence
|
| 6. |
Damages to resources in the harvesting area
|
| 8. |
Stump height and top diameter
|
| 11. |
General provision for removing forest produce
|
| 12. |
Contents of delivery note and proof of origin
|
| 13. |
Prohibition of endorsement by other persons
|
| 14. |
Delivery note, proof of origin to be carried in the vehicle
|
| 17. |
Record of timber or bamboo received
|
| 18. |
Copy of records to be kept for twelve months
|
| 19. |
Manager to compile records
|
| 20. |
Collection of firewood
|
| 21. |
Application for collection of forest produce
|
| 22. |
Issue of licence to collect forest produce
|
| 23. |
Direction to leave public forest produce area
|
| 24. |
Closure of forest roads
|
| 25. |
Revocation of licences
|
| 27. |
Offences and penalties
|
SCHEDULES
THE FORESTS (HARVESTING) RULES, 2009
| 1. |
Citation
These Rules may be cited as the Forests (Harvesting) Rules, 2009.
|
| 2. |
Interpretation
In these Rules unless the context otherwise requires—
“commercial harvesting” means harvesting of forest produce for the purpose of making the produce available for sale;
“Community Forest Association” means such association comprising of members of a community, established to protect and ensure the sustainable use of a forest within the community;
“Director” means the Director of Kenya Forest Service and includes a Divisional Forest Officer or such other Forest Officer as the Director may designate in writing;
“felling area” means such area that has been designated or set aside for the felling of selected trees;
“forest road” means a road into a state forest or a local authority forest including bridges and culverts along it;
“harvesting” includes the felling, trimming, docking, splitting, debarking, extracting, sorting or loading of any forest produce and includes the supervision of any of those activities;
“licensee” means a person granted a license to harvest timber, bamboo or forest produce;
“proof of origin” includes—
| (a) |
a certificate of origin;
|
| (b) |
a delivery note from the person arranging for the transportation of indicating where the forest produce originated and where they are to be delivered; or
|
| (c) |
a document from an owner of the forest produce attesting to the origin of the forest produce;
|
“responsible authority” in relation to a forest area, means the Service, in the case of a state or provisional forest, the local authority concerned in the case of a local authority forest and the private landowner in the case of private forests;
“timber” means—
| (a) |
any tree which has been felled or has fallen; or
|
| (b) |
the part of any tree which has been cut off or fallen, and all wood whether sawn, split, hewn or otherwise fashioned.
|
|
| 3. |
Application
| (1) |
These rules shall apply to commercial harvesting of timber in state forests, provisional forests, registered private forests, and local authority forests.
|
| (2) |
The provisions of rules 20, 21, 22 and 23 shall not apply to the harvesting of forest produce in private forests.
|
|
| 4. |
General provision for harvesting
| (1) |
No person shall harvest timber in a state forest, provisional forest, a local authority forest or a registered private forest without a valid license.
|
| (2) |
Notwithstanding paragraph (1), a person may harvest timber for the purposes of—
| (a) |
final felling, to harvest the final tree crop when the stand has reached the final felling age or the final felling diameter;
|
| (b) |
selection thinning, to improve the stand composition, growth conditions for the remaining stand, and the forest health;
|
| (c) |
sanitary harvesting, to remove pest, disease, wildlife or dead, wind-thrown and wind-broken trees or otherwise damaged trees;
|
| (d) |
reconstruction harvesting, to cut down a non-productive stand; or
|
| (e) |
any other type of harvesting intended to establish and maintain the forest infrastructure, to shape forest landscape or transform the forestland for other uses.
|
|
|
| 5. |
Application for license
An application for a licence to harvest timber shall be made to the Director in accordance with the Act and the Rules made thereunder.
|
| 6. |
Damages to resources in the harvesting area
| (1) |
A licensee shall harvest timber or bamboo in a manner that does not cause unnecessary damage to the trees, soil or resources in the felling area.
|
| (2) |
The Director may, where a licensee has caused unnecessary damage to the trees, soil or resources in the felling area, direct the licensee, in writing, to remedy the damage attributed to the licensee within a specified time.
|
| (3) |
A licensee shall, remedy to the satisfaction of the Director, within the time specified under paragraph (2), any damage attributable to the licensee’s operations, which, was determined by the Director, to be excessive or was avoidable.
|
| (4) |
Where a licensee fells or removes timber, bamboo or any other forest produce that is not designated for cutting or removal under the harvesting licence, the licensee shall be liable to pay such damages as may be assessed by the Director.
|
| (5) |
The Director may, by a notice in writing, require a licensee to submit a plan showing how such licensee shall restock or cause the damaged area to be restocked.
|
|
| 7. |
Harvesting equipment
| (1) |
Notwithstanding the registration requirements as set out under any other Regulations made under the Act, the Director may determine the equipment that may be used for harvesting.
|
| (2) |
In determining the equipment to be used in harvesting, the Director shall consider—
| (a) |
the possibility of effective use of different equipment and methods in relation to the terrain; and
|
| (b) |
the stand characteristics, including length of slopes, inclination, topography, possibility of transit, obstacles, soil, ground bearing capacity, age of stands, species, composition or the quality of timber.
|
|
| (3) |
The Director may specify on a licence, such conditions relating to the equipment and methods for harvesting as he considers appropriate.
|
|
| 8. |
Stump height and top diameter
| (1) |
A licensee shall, when harvesting timber, ensure that where, the timber to be harvested is—
| (a) |
| (i) |
the height of the stump does not exceed fifteen centimetres; |
| (ii) |
the top diameter of the tree is not less than ten centimetres; and |
| (iii) |
no residue is removed from the forest. |
|
| (b) |
| (i) |
the stump height does not exceed eight centimetres; |
| (ii) |
the top diameter is not less than ten centimetres; and |
| (iii) |
no residue is removed from the forest. |
|
|
|
| 9. |
Skid trail grades
| (1) |
A licensee shall not, while moving felled timber or bamboo, use skid trails with grades exceeding fifteen percent.
|
| (2) |
Notwithstanding paragraph (1), a licensee may use skid trails with grades exceeding fifteen percent where the steep grades are unavoidable.
|
| (3) |
A licensee shall, when using skid trails with grades exceeding fifteen percent under paragraph (2)—
| (a) |
limit the grade to not more than one hundred meters in length; and
|
| (b) |
use practices that will minimize soil erosion and runoff, including among others, breaking the grade, installing drainage structures, or using soil stabilization practices.
|
|
|
| 10. |
Timber marking
| (1) |
The Director shall assign a different mark for each station, state forest and private forest.
|
| (2) |
A person shall distinctly mark, brand or otherwise identify timber felled with the respective mark assigned by the Director before removing or causing timber felled to be removed from the felling area.
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| (3) |
No person shall remove or cause to be removed from the felling area, timber that has been felled unless the timber has been distinctly marked, branded or otherwise identified with a mark issued by the Director.
|
| (4) |
No person shall cause timber that has been felled to be marked or branded with a mark that was assigned to another station, state forest and private forest.
|
|
| 11. |
General provision for removing forest produce
| (1) |
A person shall not transport forest produce without—
| (a) |
in the case of produce from state forest or local authority forest, a valid licence and a delivery note, issued by the Director; or
|
| (b) |
in the case of produce from any other land, a proof of origin issued by the owner of the forest from which the timber was felled; and
|
| (c) |
the proof of payment of the prescribed fee.
|
|
| (2) |
Paragraph (1) shall not apply to a person transporting, within a duration of one month—
| (a) |
sawn timber that does not exceed one tonne or one cubic meter, whichever is less;
|
| (b) |
bamboo that does not exceed one tonne or one cubic meter, whichever is less;
|
| (c) |
any quantity of such other forest produce as Director may, by order, specify.
|
|
| (3) |
Every forest Officer in charge of a forest shall ensure the compliance of paragraph (2).
|
|
| 12. |
Contents of delivery note and proof of origin
| (1) |
A delivery note or proof of origin shall specify—
| (a) |
the person to whom the forest produce is being delivered to; and
|
| (b) |
the place to which the forest produce is to be delivered.
|
|
| (2) |
A delivery note or proof of origin issued under this Rule shall be valid for one trip from the point of loading to the point of offloading.
|
|
| 13. |
Prohibition of endorsement by other persons
A person who has been issued with a delivery note or proof of origin shall ensure that no other endorsement is made on such delivery note or proof of origin, by any other person other than the person who issued the delivery note or proof of origin.
|
| 14. |
Delivery note, proof of origin to be carried in the vehicle
The driver of any vehicle carrying forest produce for which a delivery note or proof of origin has been issued, shall ensure that at all times during the transportation of the timber, the original of the delivery note or proof of origin duly completed in respect of forest produce, is carried in the vehicle.
|
| 15. |
Timber delivery
A person shall not deliver any forest produce for which a delivery note or proof of origin has been issued, to—
| (a) |
any person, other than the person specified in the delivery note or proof of origin as being the person to whom the timber is to be delivered to; or
|
| (b) |
a place, other than the place specified in the delivery note or proof of origin as being the place to which the log timber is to be delivered.
|
|
| 16. |
Receiving timber
A person operating a sawmill shall not receive timber or bamboo delivered at a sawmill unless—
| (a) |
the timber or bamboo is accompanied by a proof of origin issued by the responsible authority; and
|
| (b) |
in the case of timber or bamboo from a state forest or a local authority forest, the timber or bamboo is distinctly marked or branded or otherwise identified with a mark assigned by the Director.
|
|
| 17. |
Record of timber or bamboo received
A person operating a sawmill, where timber or bamboo is received, shall keep a record at the sawmill, stating—
| (a) |
the date the timber or bamboo was received;
|
| (b) |
the species and product type of the timber or bamboo;
|
| (c) |
the quantity of timber or bamboo received; and
|
| (d) |
the origin of the timber or bamboo.
|
|
| 18. |
Copy of records to be kept for twelve months
| (1) |
A person who operates a sawmill shall, keep at the sawmill, a copy of every record made in respect of timber or bamboo received at the sawmill, for twelve months, showing the quantities and source of the timber or bamboo received.
|
| (2) |
A person who operates a sawmill shall, where it is not practicable to keep copies of the record at the sawmill, keep the record at any other place approved, by the Director in writing.
|
| (3) |
A person who operates a sawmill shall, at the end of every year, submit to the Director a copy of the record relating to timber or bamboo received during that year.
|
|
| 19. |
Manager to compile records
| (1) |
The person in charge of a sawmill shall, within three working days from the end of each calendar month, compile or cause to be compiled a record relating to the timber or bamboo received during that month.
|
| (2) |
The Director shall prescribe the form and content of the record under paragraph (1).
|
|
| 20. |
Collection of firewood
| (1) |
No person shall collect firewood from a state forest, a local authority forest or a provisional forest unless the person has a valid license issued by the Director.
|
| (2) |
A person licensed to collect firewood shall collect firewood from the area designated for collection in the licence.
|
| (3) |
A person licensed to collect firewood may collect firewood from—
| (a) |
fallen and waste wood in places where timber has been harvested and the wood suitable for milling has already been removed;
|
| (b) |
dead and fallen wood from natural forests that are not nature reserves;
|
| (c) |
fallen branches of plantation trees after pruning; or
|
| (d) |
such other source as the Director may, by notice in the Gazette, determine.
|
|
|
| 21. |
Application for collection of forest produce
An application for a license to collect forest produce shall be made to the Director in the form 1 in the Schedule and pay the prescribed fee.
|
| 22. |
Issue of license to collect forest produce
| (1) |
The Director shall consider every application made under rule 21 and may, if satisfied that the application meets the requirements of the Act, issue a licence to the applicant upon payment of the prescribed fee.
|
| (2) |
A license issued under this rule shall be in the Form 2 set out in the Schedule and shall be valid for the period specified in the permit.
|
| (3) |
The Director may endorse, on a license, such conditions, as the Director considers necessary.
|
|
| 23. |
Direction to leave public forest produce area
| (1) |
A forest officer may direct any person to immediately leave a public forest produce area, where the forest officer is of the opinion that—
| (a) |
it is necessary in the interests of public safety;
|
| (b) |
the person has failed or refused to pay a fee payable under rule 22 or has otherwise contravened the Act;
|
| (c) |
the person is blocking the access of a forest officer, or any other officer of the Service or any other person using the area; or
|
| (d) |
the presence of the person is adversely affecting the management of the area by the Service.
|
|
| (2) |
A person shall comply with a direction given, by a forest officer, to that person under paragraph (1).
|
|
| 24. |
Closure of forest roads
| (1) |
The Director may issue order that a forest road be closed for such period as he may consider necessary.
|
| (2) |
The Director shall state the period of closure in the order.
|
| (3) |
Where the Director has issued an order for the closing of a forest road, no person shall enter a state forest or local authority forest between 7.00 p.m. and 6.00 a.m. unless that forest is officially open for public use, the person is an employee of the Service or that person is accompanied by the employees of the Service.
|
|
| 25. |
Revocation of licenses
The Director may, by notice to any licensee, suspend or revoke a licence where—
| (a) |
the Director is reasonably satisfied that the licensee is carrying out practices that are detrimental to the forest;
|
| (b) |
a licensee has contravened any of the conditions in the license; or
|
| (c) |
a licensee has contravened any of the provisions of the Act.
|
|
| 26. |
Security bond
| (1) |
The Director may require any person licensed under these Rules to deposit such amount of money that may be deemed to constitute appropriate security for good forestry practice.
|
| (2) |
The Director shall, where the licensee has observed good forestry practice to his satisfaction, refund the deposit, without interest, to a licensee after a duration that does not exceed twenty-four months.
|
| (3) |
The Director may, after giving the licensee an opportunity to be heard, confiscate a security bond where the licensee is responsible for forestry practice that is in breach of the provisions of these Rules or a licence issued under these Rules, where the Board is satisfied that the licensee has become a habitual offender.
|
|
| 27. |
Offences and penalties
A person who contravenes any provision of these Rules commits an offence and is liable, on conviction, to a fine not less than ten thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.
|
SCHEDULE
APPLICATION FOR A LICENCE TO COLLECT FIREWOOD
Other permits or approvals: Include a description of all permits and approvals that will be necessary from the Forest Service and other governmental agencies in order to fully implement the project. Please attach project plans including preliminary grading plans, drainage plans, water quality management plans, construction site; Best Management Practices (BMPs) Plans.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
DECLARATIONS
I ..........................., in my personal capacity or duly authorized thereto hereby declare that:
• The information contained in this application form is true and correct, and
• I am fully aware of my responsibilities under the Forests Act, (Act No. 7 of 2005), and that failure to comply with these requirements may constitute an offence under the Forests Act, (No. 7 of 2005) and the Rules made thereunder.
Please Note: If acting in a representative capacity, a certified copy of the resoultion or power of attorney must be attached.
__________________________________________________________________
Signature of the applicant:
__________________________________________________________________
Name of company:
__________________________________________________________________
Date:
FORM 2 r. 22
KENYA FOREST SERVICE
Licence No. ..........................................................
Name: ................................................................
Address: .............................................................
The Service has evaluated your application Ref no ........................ to collect firewood in a state forest and a licence is hereby issued for collection of firewood
and is subject to the following conditions:
| 1. |
The licence is valid for a period of .......... days from the date thereof.
|
| 2. |
...........................................................
|
| 3. |
..........................................................
|
| 4. |
..........................................................
|
| 5. |
.........................................................
DIRECTOR
KENYA FOREST SERVICE
|
THE FORESTS (HARVESTING) RULES
| 1. |
Citation
These Rules may be cited as the Forests (Harvesting) Rules.
|
| 2. |
Interpretation
In these Rules unless the context otherwise requires—
“commercial harvesting” means harvesting of forest produce for the purpose of making the produce available for sale;
“Community Forest Association” means such association comprising of members of a community, established to protect and ensure the sustainable use of a forest within the community;
“Director” means the Director of Kenya Forest Service and includes a Divisional Forest Officer or such other Forest Officer as the Director may designate in writing;
“felling area” means such area that has been designated or set aside for the felling of selected trees;
“forest road” means a road into a state forest or a local authority forest including bridges and culverts along it;
“harvesting” includes the felling, trimming, docking, splitting, debarking, extracting, sorting or loading of any forest produce and includes the supervision of any of those activities;
“licensee” means a person granted a licence to harvest timber, bamboo or forest produce;
“proof of origin” includes—
| (b) |
a delivery note from the person arranging for the transportation of indicating where the forest produce originated and where they are to be delivered; or
|
| (c) |
a document from an owner of the forest produce attesting to the origin of the forest produce;
|
“responsible authority” in relation to a forest area, means the Service, in the case of a state or provisional forest, the local authority concerned in the case of a local authority forest and the private landowner in the case of private forests;
“timber” means—
| (a) |
any tree which has been felled or has fallen; or
|
| (b) |
the part of any tree which has been cut off or fallen, and all wood whether sawn, split, hewn or otherwise fashioned.
|
|
| 3. |
Application
| (1) |
These rules shall apply to commercial harvesting of timber in state forests, provisional forests, registered private forests, and local authority forests.
|
| (2) |
The provisions of rules 20, 21, 22 and 23 shall not apply to the harvesting of forest produce in private forests.
|
|
| 4. |
General provision for harvesting
| (1) |
No person shall harvest timber in a state forest, provisional forest, a local authority forest or a registered private forest without a valid licence.
|
| (2) |
Notwithstanding paragraph (1), a person may harvest timber for the purposes of—
| (a) |
final felling, to harvest the final tree crop when the stand has reached the final felling age or the final felling diameter;
|
| (b) |
selection thinning, to improve the stand composition, growth conditions for the remaining stand, and the forest health;
|
| (c) |
sanitary harvesting, to remove pest, disease, wildlife or dead, wind-thrown and wind-broken trees or otherwise damaged trees;
|
| (d) |
reconstruction harvesting, to cut down a non-productive stand; or
|
| (e) |
any other type of harvesting intended to establish and maintain the forest infrastructure, to shape forest landscape or transform the forestland for other uses.
|
|
|
| 5. |
Application for licence
An application for a licence to harvest timber shall be made to the Director in accordance with the Act and the Rules made thereunder.
|
| 6. |
Damages to resources in the harvesting area
| (1) |
A licensee shall harvest timber or bamboo in a manner that does not cause unnecessary damage to the trees, soil or resources in the felling area.
|
| (2) |
The Director may, where a licensee has caused unnecessary damage to the trees, soil or resources in the felling area, direct the licensee, in writing, to remedy the damage attributed to the licensee within a specified time.
|
| (3) |
A licensee shall, remedy to the satisfaction of the Director, within the time specified under paragraph (2), any damage attributable to the licensee’s operations, which, was determined by the Director, to be excessive or was avoidable.
|
| (4) |
Where a licensee fells or removes timber, bamboo or any other forest produce that is not designated for cutting or removal under the harvesting licence, the licensee shall be liable to pay such damages as may be assessed by the Director.
|
| (5) |
The Director may, by a notice in writing, require a licensee to submit a plan showing how such licensee shall restock or cause the damaged area to be restocked.
|
|
| 7. |
Harvesting equipment
| (1) |
Notwithstanding the registration requirements as set out under any other Regulations made under the Act, the Director may determine the equipment that may be used for harvesting.
|
| (2) |
In determining the equipment to be used in harvesting, the Director shall consider—
| (a) |
the possibility of effective use of different equipment and methods in relation to the terrain; and
|
| (b) |
the stand characteristics, including length of slopes, inclination, topography, possibility of transit, obstacles, soil, ground bearing capacity, age of stands, species, composition or the quality of timber.
|
|
| (3) |
The Director may specify on a licence, such conditions relating to the equipment and methods for harvesting as he considers appropriate.
|
|
| 8. |
Stump height and top diameter
A licensee shall, when harvesting timber, ensure that where, the timber to be harvested is—
| (a) |
| (i) |
the height of the stump does not exceed fifteen centimetres; |
| (ii) |
the top diameter of the tree is not less than ten centimetres; and |
| (iii) |
no residue is removed from the forest. |
|
| (b) |
| (i) |
the stump height does not exceed eight centimetres; |
| (ii) |
the top diameter is not less than ten centimetres; and |
| (iii) |
no residue is removed from the forest. |
|
|
| 9. |
Skid trail grades
| (1) |
A licensee shall not, while moving felled timber or bamboo, use skid trails with grades exceeding fifteen percent.
|
| (2) |
Notwithstanding paragraph (1), a licensee may use skid trails with grades exceeding fifteen percent where the steep grades are unavoidable.
|
| (3) |
A licensee shall, when using skid trails with grades exceeding fifteen percent under paragraph (2)—
| (a) |
limit the grade to not more than one hundred meters in length; and
|
| (b) |
use practices that will minimize soil erosion and runoff, including among others, breaking the grade, installing drainage structures, or using soil stabilization practices.
|
|
|
| 10. |
Timber marking
| (1) |
The Director shall assign a different mark for each station, state forest and private forest.
|
| (2) |
A person shall distinctly mark, brand or otherwise identify timber felled with the respective mark assigned by the Director before removing or causing timber felled to be removed from the felling area.
|
| (3) |
No person shall remove or cause to be removed from the felling area, timber that has been felled unless the timber has been distinctly marked, branded or otherwise identified with a mark issued by the Director.
|
| (4) |
No person shall cause timber that has been felled to be marked or branded with a mark that was assigned to another station, state forest and private forest.
|
|
| 11. |
General provision for removing forest produce
| (1) |
A person shall not transport forest produce without—
| (a) |
in the case of produce from state forest or local authority forest, a valid licence and a delivery note, issued by the Director; or
|
| (b) |
in the case of produce from any other land, a proof of origin issued by the owner of the forest from which the timber was felled; and
|
| (c) |
the proof of payment of the prescribed fee.
|
|
| (2) |
Paragraph (1) shall not apply to a person transporting, within a duration of one month—
| (a) |
sawn timber that does not exceed one tonne or one cubic meter, whichever is less;
|
| (b) |
bamboo that does not exceed one tonne or one cubic meter, whichever is less;
|
| (c) |
any quantity of such other forest produce as Director may, by order, specify.
|
|
| (3) |
Every forest Officer in charge of a forest shall ensure the compliance of paragraph (2).
|
|
| 12. |
Contents of delivery note and proof of origin
| (1) |
A delivery note or proof of origin shall specify—
| (a) |
the person to whom the forest produce is being delivered to; and
|
| (b) |
the place to which the forest produce is to be delivered.
|
|
| (2) |
A delivery note or proof of origin issued under this Rule shall be valid for one trip from the point of loading to the point of offloading.
|
|
| 13. |
Prohibition of endorsement by other persons
A person who has been issued with a delivery note or proof of origin shall ensure that no other endorsement is made on such delivery note or proof of origin, by any other person other than the person who issued the delivery note or proof of origin.
|
| 14. |
Delivery note, proof of origin to be carried in the vehicle
The driver of any vehicle carrying forest produce for which a delivery note or proof of origin has been issued, shall ensure that at all times during the transportation of the timber, the original of the delivery note or proof of origin duly completed in respect of forest produce, is carried in the vehicle.
|
| 15. |
Timber delivery
A person shall not deliver any forest produce for which a delivery note or proof of origin has been issued, to—
| (a) |
any person, other than the person specified in the delivery note or proof of origin as being the person to whom the timber is to be delivered to; or
|
| (b) |
a place, other than the place specified in the delivery note or proof of origin as being the place to which the log timber is to be delivered.
|
|
| 16. |
Receiving timber
A person operating a sawmill shall not receive timber or bamboo delivered at a sawmill unless—
| (a) |
the timber or bamboo is accompanied by a proof of origin issued by the responsible authority; and
|
| (b) |
in the case of timber or bamboo from a state forest or a local authority forest, the timber or bamboo is distinctly marked or branded or otherwise identified with a mark assigned by the Director.
|
|
| 17. |
Record of timber or bamboo received
A person operating a sawmill, where timber or bamboo is received, shall keep a record at the sawmill, stating—
| (a) |
the date the timber or bamboo was received;
|
| (b) |
the species and product type of the timber or bamboo;
|
| (c) |
the quantity of timber or bamboo received; and
|
| (d) |
the origin of the timber or bamboo.
|
|
| 18. |
Copy of records to be kept for twelve months
| (1) |
A person who operates a sawmill shall, keep at the sawmill, a copy of every record made in respect of timber or bamboo received at the sawmill, for twelve months, showing the quantities and source of the timber or bamboo received.
|
| (2) |
A person who operates a sawmill shall, where it is not practicable to keep copies of the record at the sawmill, keep the record at any other place approved, by the Director in writing.
|
| (3) |
A person who operates a sawmill shall, at the end of every year, submit to the Director a copy of the record relating to timber or bamboo received during that year.
|
|
| 19. |
Manager to compile records
| (1) |
The person in charge of a sawmill shall, within three working days from the end of each calendar month, compile or cause to be compiled a record relating to the timber or bamboo received during that month.
|
| (2) |
The Director shall prescribe the form and content of the record under paragraph (1).
|
|
| 20. |
Collection of firewood
| (1) |
No person shall collect firewood from a state forest, a local authority forest or a provisional forest unless the person has a valid licence issued by the Director.
|
| (2) |
A person licensed to collect firewood shall collect firewood from the area designated for collection in the licence.
|
| (3) |
A person licensed to collect firewood may collect firewood from—
| (a) |
fallen and waste wood in places where timber has been harvested and the wood suitable for milling has already been removed;
|
| (b) |
dead and fallen wood from natural forests that are not nature reserves;
|
| (c) |
fallen branches of plantation trees after pruning; or
|
| (d) |
such other source as the Director may, by notice in the Gazette, determine.
|
|
|
| 21. |
Application for collection of forest produce
An application for a licence to collect forest produce shall be made to the Director in the form 1 in the Schedule and pay the prescribed fee.
|
| 22. |
Issue of licence to collect forest produce
| (1) |
The Director shall consider every application made under rule 21 and may, if satisfied that the application meets the requirements of the Act, issue a licence to the applicant upon payment of the prescribed fee.
|
| (2) |
A licence issued under this rule shall be in the Form 2 set out in the Schedule and shall be valid for the period specified in the permit.
|
| (3) |
The Director may endorse, on a licence, such conditions, as the Director considers necessary.
|
|
| 23. |
Direction to leave public forest produce area
| (1) |
A forest officer may direct any person to immediately leave a public forest produce area, where the forest officer is of the opinion that—
| (a) |
it is necessary in the interests of public safety;
|
| (b) |
the person has failed or refused to pay a fee payable under rule 22 or has otherwise contravened the Act;
|
| (c) |
the person is blocking the access of a forest officer, or any other officer of the Service or any other person using the area; or
|
| (d) |
the presence of the person is adversely affecting the management of the area by the Service.
|
|
| (2) |
A person shall comply with a direction given, by a forest officer, to that person under paragraph (1).
|
|
| 24. |
Closure of forest roads
| (1) |
The Director may issue order that a forest road be closed for such period as he may consider necessary.
|
| (2) |
The Director shall state the period of closure in the order.
|
| (3) |
Where the Director has issued an order for the closing of a forest road, no person shall enter a state forest or local authority forest between 7.00 p.m. and 6.00 a.m. unless that forest is officially open for public use, the person is an employee of the Service or that person is accompanied by the employees of the Service.
|
|
| 25. |
Revocation of licences
The Director may, by notice to any licensee, suspend or revoke a licence where—
| (a) |
the Director is reasonably satisfied that the licensee is carrying out practices that are detrimental to the forest;
|
| (b) |
a licensee has contravened any of the conditions in the licence; or
|
| (c) |
a licensee has contravened any of the provisions of the Act.
|
|
| 26. |
Security bond
| (1) |
The Director may require any person licensed under these Rules to deposit such amount of money that may be deemed to constitute appropriate security for good forestry practice.
|
| (2) |
The Director shall, where the licensee has observed good forestry practice to his satisfaction, refund the deposit, without interest, to a licensee after a duration that does not exceed twenty-four months.
|
| (3) |
The Director may, after giving the licensee an opportunity to be heard, confiscate a security bond where the licensee is responsible for forestry practice that is in breach of the provisions of these Rules or a licence issued under these Rules, where the Board is satisfied that the licensee has become a habitual offender.
|
|
| 27. |
Offences and penalties
A person who contravenes any provision of these Rules commits an offence and is liable, on conviction, to a fine not less than ten thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.
|
SCHEDULE
FORMS
APPLICATION FOR A LICENCE TO COLLECT FIREWOOD
Please note that in instances where there is more than one landowner, please attach a list of landowners with their contact details to the back of this page.
Other permits or approvals: Include a description of all permits and approvals that will be necessary from the Forest Service and other governmental agencies in order to fully implement the project. Please attach project plans including preliminary grading plans, drainage plans, water quality management plans, construction site; Best Management Practices (BMPs) Plans.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
DECLARATIONS
I ..........................., in my personal capacity or duly authorized thereto hereby declare that:
• The information contained in this application form is true and correct, and
• I am fully aware of my responsibilities under the Act, and that failure to comply with these requirements may constitute an offence under the Act, and the Rules made thereunder.
Please Note: If acting in a representative capacity, a certified copy of the resoultion or power of attorney must be attached.
__________________________________________________________________
Signature of the applicant:
__________________________________________________________________
Name of company:
__________________________________________________________________
Date:
KENYA FOREST SERVICE
Licence No. ..........................................................
Name: ................................................................
Address: .............................................................
The Service has evaluated your application Ref no ........................ to collect firewood in a state forest and a licence is hereby issued for collection of firewood and is subject to the following conditions:
| 1. |
The licence is valid for a period of .......... days from the date thereof.
|
| 2. |
...........................................................
|
| 3. |
..........................................................
|
| 4. |
..........................................................
|
| 5. |
.........................................................
|
|
|
DIRECTOR
|
|
|
|
KENYA FOREST SERVICE
|
|
THE DECLARATION OF A PROVISIONAL FOREST, 2010
All that piece of land measuring approximately 22,016.4 hectares otherwise known as Kipini Wildlife and Botanical Conservancy comprising of parcel Nos. 14, 20, 564, 558 and L.R. Nos. 12217/3, 12217/4, 12217/5, 12217/6, 12217/7, 12217/8, 12217/9, 12217/10, 12217/11, 12217/12, 12217/13, 12217/14, 12217/15, 12217/16, 12217/17, 12217/18, 12217/19, 12217/20, 12217/21, 12217/22, 12217/23, 12217/24, 12217/25, 12217/26, 12217/27 and 12217/28 situated approximately 10 kilometres east of Witu Township, Lamu District.
THE DECLARATION OF AMARA FOREST, 2012
The area of land measuring approximately 1050 hectares of pristine forest known as L.R. No. 25148 adjoining the Western boundary of Eastern Mau Forest, situated approximately fourteen kilometres South West of Elburgon Township in Molo District, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/412 which is signed and sealed with the seal of the Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Molo.
THE DECLARATION OF LIKIA EXTENSION FOREST, 2012
The area of land measuring approximately 544.50 hectares known as Likia Extension adjoining the Eastern boundary of Eastern Mau Forest, situated approximately one kilometre West of Likia Township in Molo District, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/413 which is signed and sealed with the seal of the Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Elburgon.
THE FORESTS (FEES AND CHARGES) RULES, 2012
1. These rules may be cited as the Forests (Fees and Charges) Rules, 2012.
2. There shall be payable, in respect of the forest produce specified in the first column of Part I of the First Schedule, the fees respectively specified in the second and third columns.
3. There shall be payable a stumpage fee in respect of the tree species specified in Part II of the First Schedule in the manner respectively set out in that Part.
4. There shall be payable in respect of timber from the tree species specified in the first and second columns of the Second Schedule, which is commonly used in the manner specified in the third column of that Schedule, the fee respectively set out in the third column.
5. There shall be payable in respect of the forest products specified in the first column of the Third Schedule the price specified in the third column of that Schedule for the units of the respective product specified in the second column.
6. There shall be payable in respect of the activities set out in the first and second columns of the Fourth Schedule the fees specified in the third column of that Schedule.
7. There shall be payable in respect of the professional services specified in the first column of the Fifth Schedule, when rendered by the Service, the fees specified in the third column of that Schedule.
8. There shall be payable for the hire of the plant and equipment specified in the first column of the Sixth Schedule, for use in the manner specified in the second column of that Schedule, the charges set out in the third column.
FIRST SCHEDULE
PART I - PLANTATION SPECIES
SECOND SCHEDULE
[r. 4]
FIFTH SCHEDULE
PROFESSIONAL SERVICES RENDERED BY THE SERVICE
SIXTH SCHEDULE
[r.8]
THE FORESTS (FEES AND CHARGES) RULES
1. These rules may be cited as the Forests (Fees and Charges) Rules, 2012.
2. There shall be payable, in respect of the forest produce specified in the first column of Part I of the First Schedule, the fees respectively specified in the second and third columns.
3. There shall be payable a stumpage fee in respect of the tree species specified in Part II of the First Schedule in the manner respectively set out in that Part.
4. There shall be payable in respect of timber from the tree species specified in the first and second columns of the Second Schedule, which is commonly used in the manner specified in the third column of that Schedule, the fee respectively set out in the third column.
5. There shall be payable in respect of the forest products specified in the first column of the Third Schedule the price specified in the third column of that Schedule for the units of the respective product specified in the second column.
6. There shall be payable in respect of the activities set out in the first and second columns of the Fourth Schedule the fees specified in the third column of that Schedule.
7. There shall be payable in respect of the professional services specified in the first column of the Fifth Schedule, when rendered by the Service, the fees specified in the third column of that Schedule.
8. There shall be payable for the hire of the plant and equipment specified in the first column of the Sixth Schedule, for use in the manner specified in the second column of that Schedule, the charges set out in the third column.
FIRST SCHEDULE [r. 2, 3]
|
PART I: PLANTATION SPECIES
|
|
|
TREE SPECIES
|
CLEARFELLS 1KSh./m3
|
THINNINGSKSh./m3
|
|
A:Grevillea robusta (Grevillea)
|
|
|
|
Logs less than 240 mm diameter
|
2,114
|
1,733
|
|
Logs of diameter 240 mm - 319 mm
|
2,461
|
2,018
|
|
Logs of diameter 320 mm - 399 mm
|
2,840
|
2,329
|
|
Logs of diameter 400 mm - 479 mm
|
3,555
|
2,915
|
|
Logs of diameter 480 mm - 559 mm
|
3,978
|
3,262
|
|
Logs Is of diameter 560 mm and over
|
4,311
|
3,535
|
|
|
|
|
|
B: Juniperus procera (Cedar)
|
|
|
|
|
|
|
|
Logs less than 240 mm diameter
|
5,043
|
4,136
|
|
Logs of diameter 240 mm - 319 mm
|
5,870
|
4,813
|
|
Logs of diameter 320 mm - 399 mm
|
6,775
|
5,556
|
|
Logs of diameter 400 mm - 479 mm
|
8,482
|
6,955
|
|
Logs of diameter 480 mm - 559 mm
|
9,491
|
7,782
|
|
Logs of diameter 560 mm and over
|
10,284
|
8,433
|
|
|
|
|
|
C: Vitex keniensis (Meru Oak)
|
|
|
|
Logs less than 240 mm diameter
|
3,020
|
2,476
|
|
Logs of diameter 240 mm - 319 mm
|
3,515
|
2,882
|
|
Logs of diameter 320 mm - 399 mm
|
4,057
|
3,327
|
|
Logs of diameter 400 mm - 479 mm
|
5,079
|
4,165
|
|
Logs of diameter 480 mm - 559 mm
|
5,683
|
4,660
|
|
Logs of diameter 560 mm and over
|
6,158
|
5,050
|
|
A. CYPRESS
|
B. PINES
|
|
|
Clearfell
|
Thinning
|
|
Clearfell
|
Thinning
|
|
DBH (cm)
|
KSh./m3
|
KSh./m3
|
|
KSh./m3
|
KSh./m3
|
|
|
2010/11
|
2010/11
|
|
2010/11
|
2010/11
|
|
15
|
2,375
|
1,972
|
15
|
|
N/A
|
|
16
|
2,375
|
1,972
|
16
|
|
N/A
|
|
17
|
2,398
|
1,991
|
17
|
|
N/A
|
|
18
|
2,421
|
2,010
|
18
|
|
N/A
|
|
19
|
2,444
|
2,029
|
19
|
|
N/A
|
|
20
|
2,468
|
2,049
|
20
|
2,222
|
1,844
|
|
21
|
2,492
|
2,069
|
21
|
2,243
|
1,862
|
|
22
|
2,511
|
2,084
|
22
|
2,260
|
1,876
|
|
23
|
2,532
|
2,102
|
23
|
2,279
|
1,892
|
|
24
|
2,553
|
2,119
|
24
|
2,298
|
1,907
|
|
25
|
2,577
|
2,139
|
25
|
2,320
|
1,925
|
|
26
|
2,596
|
2,155
|
26
|
2,337
|
1,939
|
|
27
|
2, 611
|
2, 167
|
27
|
2,350
|
1,951
|
|
28
|
2,627
|
2,180
|
28
|
2,364
|
1,962
|
|
29
|
2,644
|
2, 195
|
29
|
2,380
|
1,975
|
|
30
|
2,661
|
2,209
|
30
|
2,395
|
1,988
|
|
31
|
2,678
|
2,222
|
31
|
2,410
|
2,000
|
|
32
|
2,692
|
2,234
|
32
|
2,423
|
2,011
|
|
33
|
2,706
|
2,246
|
33
|
2,435
|
2,021
|
|
34
|
2,719
|
2,257
|
34
|
2,447
|
2,031
|
|
35
|
2,732
|
2,267
|
35
|
2,459
|
2,041
|
|
36
|
2,745
|
2,279
|
36
|
2,471
|
2,051
|
|
37
|
2,757
|
2,288
|
37
|
2,481
|
2,059
|
|
38
|
2,769
|
2,299
|
38
|
2,492
|
2,069
|
|
39
|
2,780
|
2,307
|
39
|
2,502
|
2,076
|
|
40
|
2,791
|
2,317
|
40
|
2,512
|
2,085
|
|
41
|
2,802
|
2,326
|
41
|
2,522
|
2,093
|
|
42
|
2,811
|
2,333
|
42
|
2,530
|
2,100
|
|
43
|
2,821
|
2,341
|
43
|
2,539
|
2,107
|
|
44
|
2,831
|
2,350
|
44
|
2,548
|
2,115
|
|
45
|
2,842
|
2,359
|
45
|
2,558
|
2,123
|
|
46
|
2,850
|
2,366
|
46
|
2,565
|
2,129
|
|
47
|
2,859
|
2,373
|
47
|
2,573
|
2,136
|
|
48
|
2,867
|
2,380
|
48
|
2,580
|
2,142
|
|
49
|
2,876
|
2,387
|
49
|
2,588
|
2,148
|
|
50
|
2,883
|
2,393
|
50
|
2,595
|
2,154
|
|
51
|
2,891
|
2,400
|
51
|
2,602
|
2,160
|
|
52
|
2,900
|
2,407
|
52
|
2,610
|
2,166
|
|
53
|
2,905
|
2,411
|
53
|
2,615
|
2,170
|
|
54
|
2,914
|
2,419
|
54
|
2,623
|
2,177
|
|
55
|
2,919
|
2,423
|
55
|
2,627
|
2,180
|
|
56
|
2,928
|
|
56
|
2,635
|
|
|
57
|
2,933
|
|
57
|
2,639
|
|
|
58
|
2,940
|
|
58
|
2,646
|
|
|
59
|
2,945
|
|
59
|
2,650
|
|
|
60
|
2,952
|
|
60
|
2,657
|
|
|
61
|
2,957
|
|
61
|
2,661
|
|
|
62
|
2,963
|
|
62
|
2,667
|
|
|
63
|
2,969
|
|
63
|
2,672
|
|
|
64
|
2,976
|
|
64
|
2,678
|
|
|
65
|
2,979
|
|
65
|
2,681
|
|
|
66
|
2,986
|
|
66
|
2,687
|
|
|
67
|
2,989
|
|
67
|
2,690
|
|
|
68
|
2,994
|
|
68
|
2,695
|
|
|
69
|
3,000
|
|
69
|
2,700
|
|
|
70
|
3,005
|
|
70
|
2,705
|
|
|
71
|
3,010
|
|
71
|
2,709
|
|
|
72
|
3,014
|
|
72
|
2,712
|
|
|
73
|
3,017
|
|
73
|
2,715
|
|
|
74
|
3,022
|
|
74
|
2,720
|
|
|
75
|
3,028
|
|
75
|
2,725
|
|
|
76
|
3,031
|
|
76
|
2,728
|
|
|
77
|
3,036
|
|
77
|
2,732
|
|
|
78
|
3,039
|
|
78
|
2,735
|
|
|
79
|
3,043
|
|
79
|
2,738
|
|
|
80
|
3,044
|
|
80
|
2,740
|
|
|
81
|
3,050
|
|
81
|
2,745
|
|
|
82
|
3,053
|
|
82
|
2,748
|
|
|
83
|
3,056
|
|
83
|
2,751
|
|
|
84
|
3,062
|
|
84
|
2,756
|
|
|
85
|
3,064
|
|
85
|
2,757
|
|
|
86
|
3,067
|
|
86
|
2,760
|
|
|
87
|
3,072
|
|
87
|
2,765
|
|
|
88
|
3,073
|
|
88
|
2,766
|
|
|
89
|
3,077
|
|
89
|
2,769
|
|
|
90
|
3,079
|
|
90
|
2,771
|
|
|
91
|
3,084
|
|
91
|
2,776
|
|
|
92
|
3,086
|
|
92
|
2.777
|
|
|
93
|
3,089
|
|
93
|
2,780
|
|
|
94
|
3,091
|
|
94
|
2,782
|
|
|
95
|
3,096
|
|
95
|
2,786
|
|
|
96
|
3,098
|
|
96
|
2,788
|
|
|
97
|
3,099
|
|
97
|
2,789
|
|
|
98
|
3,103
|
|
98
|
2,793
|
|
|
99
|
3,105
|
|
99
|
2,794
|
|
|
100 and over
|
3,108
|
|
100 and over
|
2,797
|
|
|
|
Clearfell
|
|
|
|
DBH (cm)
|
KSh./m3
|
DBH (cm)
|
KSh./m3
|
|
20
|
1,975
|
71
|
2,408
|
|
21
|
1,994
|
72
|
2,411
|
|
22
|
2,009
|
73
|
2,413
|
|
23
|
2,026
|
74
|
2,418
|
|
24
|
2,043
|
75
|
2,422
|
|
25
|
2,062
|
76
|
2,425
|
|
26
|
2,077
|
77
|
2,429
|
|
27
|
2,089
|
78
|
2,431
|
|
28
|
2,101
|
79
|
2,434
|
|
29
|
2,115
|
80
|
2,435
|
|
30
|
2,129
|
81
|
2,440
|
|
31
|
2,142
|
82
|
2,443
|
|
32
|
2,154
|
83
|
2,445
|
|
33
|
2,165
|
84
|
2,449
|
|
34
|
2,175
|
85
|
2,451
|
|
35
|
2,185
|
86
|
2,454
|
|
36
|
2,196
|
87
|
2,458
|
|
37
|
2,206
|
88
|
2,459
|
|
38
|
2,215
|
89
|
2,462
|
|
39
|
2,224
|
90
|
2,463
|
|
40
|
2,233
|
91
|
2,467
|
|
41
|
2,242
|
92
|
2,469
|
|
42
|
2,249
|
93
|
2,471
|
|
43
|
2,257
|
94
|
2,473
|
|
44
|
2,265
|
95
|
2,477
|
|
45
|
2,273
|
96
|
2,478
|
|
46
|
2,280
|
97
|
2,479
|
|
47
|
2,287
|
98
|
2,482
|
|
48
|
2,294
|
99
|
2,484
|
|
49
|
2,301
|
100 and over
|
2,490
|
|
50
|
2,306
|
|
|
|
51
|
2,313
|
|
|
|
52
|
2,320
|
|
|
|
53
|
2,324
|
|
|
|
54
|
2,331
|
|
|
|
55
|
2,335
|
|
|
|
56
|
2,342
|
|
|
|
57
|
2,346
|
|
|
|
58
|
2,352
|
|
|
|
59
|
2,356
|
|
|
|
60
|
2,361
|
|
|
|
61
|
2,366
|
|
|
|
62
|
2,371
|
|
|
|
63
|
2,375
|
|
|
|
64
|
2,381
|
|
|
|
65
|
2,383
|
|
|
|
66
|
2,389
|
|
|
|
67
|
2,391
|
|
|
|
68
|
2,395
|
|
|
|
69
|
2,400
|
|
|
|
70
|
2,404
|
|
|
|
|
Units
|
Price (KSh.)
|
|
Pulpwood within pulpwood working circle butspecifically managed for pulpwood
|
per cubic metre
|
1,972
|
|
Pulpwood from sawnwood areas and those managed as saw wood
|
per cubic metre
|
Price same as sawlog
|
SECOND SCHEDULE [Rule 4]
FEES FOR NATURAL FOREST TIMBER AND UNCOMMON EXOTIC SPECIES
|
BOTANICAL NAME
|
COMMON NAME
|
COMMON USAGE
|
KSh./cu.m.
|
|
1. Afzelia quanzensis
|
Mbambakofi (kiswa)
|
Carving / floor / furn
|
5,150
|
|
2. Albizzia gummifera
|
Mukurwe (kik)
|
Timber / veneer
|
3,260
|
|
3. Aningeria altissima
|
Mukangu (kiluhya)
|
Timber / plywood
|
2,378
|
|
4. Antiaris toxicaria
|
Mulundu (kiluhya)
|
Timber / furniture
|
2,673
|
|
5. Avicenia marina
|
Mchu (kiswa)
|
Timber / poles
|
256
|
|
6. Bosquiea phoberos
|
Mbarakaya (kiswa)
|
Veneer / furniture
|
3,264
|
|
7. Brachylaena huilensis
|
Muhugu (kik)
|
Carving / floor
|
4,458
|
|
8. Brachysstegia speciformis
|
Mriti/Mrihi (kiwa)
|
Timber
|
2,180
|
|
9. Bruguieria gymnorhiza
|
Mvuli (kiswa)
|
Canine / timber / poles
|
256
|
|
10. Chlorophora excelsa
|
Mvule
|
Furniture /floor
|
5,149
|
|
11. Chrysophyllum albida
|
Mululu (kiluhya)
|
Timber / plywood
|
2,673
|
|
12. Combretum schumanii
|
Mungurure
|
Carving floor
|
3,266
|
|
13. Cordia spp.
|
Muringa, Mukomari,Mungoma (kiluhya)
|
Furniture
|
4,458
|
|
14. Croton macrostachys
|
Mutundu (kik)
|
Const.Timber/plywood
|
2,173
|
|
15. Croton megalocarpus
|
IMukinduri (kik),Musine (kiluhya)
|
Const.Timber/plywood
|
2,173
|
|
16. Dalbergia melanoxylon
|
Mpingo (kiswa),Ebony (English)
|
Carving/Mus inst.
|
5,149
|
|
17. Dombeya goetzenii
|
Mukeu (kik)
|
Joinery
|
3,266
|
|
18. Euphorbia spp.
|
Euphorbia
|
Plywood
|
2,673
|
|
19. Fagara, macrophylla
|
Shikuma (kiluhya)
|
Furniture
|
3,266
|
|
20. Ficus spp.
|
Satinwood
|
Plywood
|
2,673
|
|
21. Funtumia africana
|
Mutondo (kak)
|
Const.Timber/plywood
|
2,673
|
|
22. Hagenia abyssinica
|
Rosewood
|
Joinery.Furn./Floor
|
5,149
|
|
23. Juniperus procera
|
Cedar
|
Joinery.Furn./Floor
|
5,940
|
|
24. Maesopsis eminii
|
Mutere (kiluhya)Msis
|
Joinery.Furn./Floor
|
3,266
|
|
25. Manilkara butugi
|
Kydilani (kak)
|
Timber / Furniture
|
3,266
|
|
26. Manilkara zanzibarensis
|
Ngambo (kiswa)
|
Boats/furn./joinery
|
4,277
|
|
27. Newtonia buchananii
|
Mukli (kimeru
|
Timber/furniture
|
3,266
|
|
28. Newtonia paucijuga
|
Mkanauni
|
Timber
|
3,266
|
|
29. Ocotea usambarensis
|
Camphor (English.Muthaiti (kik)
|
Joinery/furniture
|
10,299
|
|
30. Olea africana
|
Mutamaiyu (kik)
|
Floor / carying
|
5,149
|
|
31. Olea hochstetteri
|
Mucharage (kik)
|
Flooring/carving/furniture
|
5,149
|
|
32. Olea welwitschii
|
IElgon Olive (Eng.)Loriodo (kiluhya)
|
Flooring/carying/furniture
|
6,748
|
|
33. Podocarpus africana
|
Podo
|
Timber/furniture
|
3,970
|
|
34. Polyscias kikuyuensis
|
Mutati (kik)
|
Plywood
|
3,260
|
|
35. Prunus africana
|
Muiri (kik)
|
Lorries/Bridges/Flooring
|
5,149
|
|
36. Trachylobium verrucosunz
|
Mutandarusi
|
Boats.furn./Timber
|
3,266
|
|
37. Trichilia roka
|
Muyama (kak)
|
Furniture/veneer
|
3,266
|
|
38. Vitex keniensis
|
Meru Oak (Eng.Muhuru (kik)
|
Furniture/veneer
|
5,149
|
|
39. Acacia inelanoxvIon
|
Kanunga (kik)
|
Floor/carving
|
4,000
|
|
40. Araucaria spp.
|
|
Timber
|
1 ,600
|
|
41. Casuarina equisetifolia
|
Mvinje (kiswa)
|
Timber/Poles
|
1,600
|
|
42. Ervthrophleum guinensis
|
Mkelekele
|
|
3,266
|
|
43. Cynmetra webberi
|
Mfunda
|
|
3,266
|
|
44. Nesogordonia parvifolia
|
Mlunza
|
|
3,266
|
|
45. Vitex doniana
|
Mfundu
|
|
3,266
|
|
46. Terminalia kilimandischarica
|
Mbambaro
|
|
3,266
|
|
47. Terminalia catappa
|
Mukunou
|
|
3,266
|
|
48. Nesogordonia spp.
|
Mnomvi
|
|
3,266
|
|
49. All others
|
|
|
3,266
|
THIRD SCHEDULE [r. 5]
OTHER FOREST PRODUCTS
|
Produce
|
Units
|
Price (KSh.)
|
|
(1) Bamboo
|
Per piece
|
55
|
|
(2) Withies
|
Per piece < 5 cm. diatheter
|
10
|
|
(3) Firewood
|
Per cubic meter (commercial- clearfell)
|
1,200
|
|
Per cubic meter (Salvaging)
|
600
|
|
Monthly Fuel Licence (M.F.L.)
|
100
|
|
(4) Cut Stone
|
Cut Stone Licence (annual)
|
12,000
|
|
|
20 m by 20 m plot
|
30,000
|
|
(5) Culvert
|
Per piece
|
3,500
|
|
(6) Limestone
|
Per metric ton
|
190
|
|
(7) Crushed stone
|
Per metric ton
|
200
|
|
(8) Quarry waste
|
Per metric ton
|
100
|
|
(9) Sand
|
Ordinary per metric ton
|
200
|
|
Silica metric ton
|
350
|
|
(10) Murram
|
Per metric ton
|
300
|
|
(11) Soil
|
Per metric ton
|
300
|
|
(12) Grass
|
Gunny bag or Head load
|
50
|
|
(13) Moss
|
Gunny Bag or Head load
|
120
|
|
(14) Asparagus Fern
|
Per Kg.
|
30
|
|
(15) Bamboo Tips
|
Per Kg.
|
33
|
|
(16) Gum and resin
|
Per Kg.
|
8
|
|
(17) Honey
|
Per group per year (Community)
|
1,500
|
|
|
Per year (Commercial)
|
10,000
|
|
(18) Red ochre
|
Per head load of 25 kg.
|
22
|
|
(19) Camping fee
|
Adult per night
|
650
|
|
(20) Guest House
|
Guest House per night-Ordinary
|
500
|
|
Guest House per night-Medium
|
850
|
|
Guest House per night-Premium
|
1,000
|
|
Kenya Forestry College Guest House
|
1,500
|
|
(21) Ranger Services
|
Escort of visitor per Ranger per excursion
|
1,000
|
|
(22) Observation Platforms
|
Bird Hides, Watch Towers, Tree Platforms
|
150,000
|
|
(23) Forest land rent
|
For cultivation per acre/year
|
500
|
|
Urban (Cities, Municipalities)
|
20,000
|
|
For commercial purposes per acre per year(other areas)
|
10,000
|
|
Mangrove areas per acre
|
20,000
|
|
(24) Building Poles
|
(a) Hardwoods
|
|
|
Between 5-10cm. Butt diam. per piece
|
60
|
|
10-15cm. Butt diam. per piece
|
350
|
|
(b) Exotic Softwoods
|
|
|
Between 5-10cm. Butt diam. per piece.
|
50
|
|
10-15cm. Butt diam. perpiece.
|
300
|
|
All other sizes to be sold at respective timber price in cu.m.
|
|
(25) Transmission Poles
|
Extra Light
|
2,806
|
|
Light
|
2,906
|
|
Medium
|
3,006
|
|
Stout
|
3,106
|
|
(26) Cedar Poles
|
Less than 15cm. diam. per m.
|
30
|
|
15-20cm. diam. perm.
|
55
|
|
Sizes above 20 cm diameter to be sold at respective timber rates
|
|
(27) Mangroves
|
More than 35cm diameter butt per metre
|
700
|
|
Banaa (20.1-35cm.) diameter butt per metre
|
750
|
|
Per piece
|
70
|
|
Nguzo (13.1-20.0) diameter butt per Score
|
600
|
|
Per piece
|
60
|
|
Boriti (9.1-13.0) diameter butt per score
|
500
|
|
Per piece
|
50
|
|
Mazio (6.1-9.0) diameter butt per score
|
400
|
|
Per piece
|
40
|
|
Pau (4.1-6.0) diameter per score
|
200
|
|
Per piece
|
30
|
|
Fitos (less 4.0) diameter per score
|
60
|
|
Per piece
|
20
|
|
(28) Facilities within Mangrove Areas
|
Docking (annual)
|
150,000
|
|
Boat Repair Yard (annual)
|
100,000
|
|
Jetty - for commercial use (annual)
|
35,000
|
|
Jetty - non- commercial use (annual)
|
5,000
|
|
Board walk - Commercial (annual)
|
15,000
|
|
Board walk - Community/groups (annual)
|
2,000
|
|
Saltworks (annual)
|
500,000
|
|
(29) Christmas trees
|
Potted
|
|
|
Less than 1 metre per tree
|
300
|
|
1-2 metres per tree
|
600
|
|
Above 2 metres per tree
|
700
|
|
Cuttings per metre
|
200
|
|
(30) Plants
|
(a) Single plants in less than 15 cm. diameter of polythene tube per plant
|
|
|
Exotic
|
10
|
|
Indigenous
|
10
|
|
(b) Single plants in more than 15 cm. diameter of polythene tubes per plant
|
|
|
Exotic
|
50
|
|
indigenous
|
75
|
|
(c) Plants lifted from Swaziland beds per plant
|
|
|
Exotic
|
4
|
|
Indigenous
|
5
|
|
(d) Plants in boxes of approximately 55 Seedlings per box
|
250
|
|
(31) Croton Seeds
|
Croton Megalocarpus seed forbio-- diesel per kg
|
4
|
|
Licence fee for Seed collection - bio-diesel(annual)
|
100,000
|
|
(32) Barks
|
Green (stacked) Wattle Barks per cubic m.
|
345
|
|
Other barks per kg:
|
45
|
FOURTH SCHEDULE
FEES FOR FOREST ACTIVITIES [r. 6]
|
(1) Water Reservoirs
|
For commercial consumption -Large (annual)
|
50,000
|
|
For commercial consumption -Small (annual)
|
20,000
|
|
Dam-Small upto 1 million cum. (annual)
|
350,000
|
|
Dam-Large more than 1 million cum.(annual)
|
1,000, 000
|
|
Water tank- Small-upto diameter of 6m (annual)
|
5 000
|
|
Water tank- Large-more than diameter of 6m (annual)
|
10,000
|
|
(2) Water abstraction
|
Water easement (Once)
|
15,000
|
|
|
Wayleave- Small- upto 1 m. diameter (annual) per Km
|
5,000
|
|
|
Wayleave- Large- more than 1 m. diameter (annual) per Km;
|
20,000
|
|
|
Borehole (Annual)
|
50,000
|
|
|
Monitoring Boreholes (Not for production) (annual)
|
50,000
|
|
(3) Fish-farming annual licence
|
Fish-farming (fresh water)-300 square meters
|
30,000
|
|
|
Fish-farming (fresh water)- over 300 square meters
|
100,000
|
|
(4) Aquaculture
|
Aquaculture (Marine) Large annual
|
75,000
|
|
|
Aquaculture (Marine)-Small annual
|
20,000
|
|
(5) Grazing
|
Cattle per animal per month
|
100
|
|
|
Sheep per animal per month
|
40
|
|
(6) Installation of Transmitters andTranscievers
|
Mobile phone firms (annual)
|
250,000
|
|
|
Radio Stations (annual)
|
150,000
|
|
|
TV Stations (annual)
|
250,000
|
|
|
Data logging mast - Wind energy (annual)
|
50,000
|
|
(7) Licences (Annual)
|
General Forest Licence (GFL)
|
10,000
|
|
Small saw mills (<10 cu.m timber/day)
|
30,000
|
|
Medium s/mills (11-20 cu.m timber/day).
|
45,000
|
|
Large scales/mill (>20 cu.m. timber/day)
|
80,000
|
|
Pulp and Paper
|
200,000
|
|
Plywood
|
150,000
|
|
Pole treatment plant
|
60,000
|
|
Resin Extraction
|
60,000
|
|
Quarrying
|
50,000
|
|
Commercial fuelwood
|
30,000
|
|
Prospecting
|
50,000
|
|
(8) Timber Movement Permit
|
2 - 4 tonnes
|
1,000
|
|
|
5 -7 tonnes
|
1,500
|
|
|
Over 7 tones
|
2,000
|
|
|
Imported timber per consignment
|
20,000
|
|
(19) Charcoal Movement Permit
|
Per bag
|
20
|
|
(10) Forest Recreation (Entry fee)
|
|
|
|
(a) Kenya and EAC citizens
|
Adults per day
|
200
|
|
Child per day
|
50
|
|
School parties per day
|
20
|
|
(b) Residents
|
Adults per day
|
400
|
|
Child per day
|
100
|
|
School parties per day
|
50
|
|
(c) Non-residents
|
Adults per day
|
600
|
|
|
Child per day
|
150
|
|
(11) Hire of grounds
|
Urban (Cities) per day
|
40,000
|
|
Urban (Municipalities) per day
|
20,000
|
|
Others per day
|
15,000
|
|
(12) Filming rights
|
per day
|
40,000
|
|
(13) Electricity way leave
|
Per acre per annum Cities & Municipalities
|
20,000
|
|
|
Per acre per annum Other areas
|
10,000
|
|
(14) Way leave residue materials
|
Merchantable Mixed Indigenous materials per cum
|
800
|
|
(15) Prospecting for minerals
|
Prospecting for minerals (annual)
|
100,000
|
|
|
Drilling per hole
|
50,000
|
|
(16) Geothermal power (Private developers)
|
Conservation fees per MW per annum
|
100,000
|
|
(17) Small Hydros
|
Conservation fees per MW per annum
|
100,000
|
|
(18) Wind Turbine
|
Conservation fees per turbine per MW per annum
|
100,000
|
|
|
Data Logging mast -Wind energy (annual)
|
50,000
|
|
(19) Research permit
|
(a) East African citizens
|
5,000
|
|
|
(b) Non- Residents
|
40,000
|
FIFTH SCHEDULE [Rule 7]
PROFESSIONAL SERVICES RENDERED BY THE SERVICE
|
Valuation, EIA, tree inventory
|
|
5% of gross value
|
|
Timber grading
|
Per consignment ( up to 25 cu.m)
|
5,000
|
|
Printing in Colour
|
A4
|
100
|
|
A3
|
500
|
|
A1
|
1,000
|
|
A0
|
1,500
|
|
Lamination of maps
|
A4
|
400
|
|
A3
|
1,000
|
|
A1
|
1,500
|
|
A0
|
2,500
|
|
Ammonia prints
|
A4
|
100
|
|
A3
|
150
|
|
A1
|
300
|
|
A0
|
500
|
|
Digitizing of maps per feature
|
|
3,500
|
|
Scanning of maps
|
A4
|
200
|
|
A3
|
500
|
|
A1
|
750
|
SIXTH SCHEDULE [Rule 8]
|
HIRE OF PLANTS AND EQUIPMENTS
|
|
Grader
|
per hour
|
5,000
|
|
Doser
|
per hour
|
10,000
|
|
Low loader
|
per kilometre
|
40
|
|
Smooth Roller
|
per hour
|
1,000
|
|
Tipper
|
per kilometre
|
40
|
|
Water bowser
|
per hour
|
2,000
|
|
Concrete mixer
|
per day
|
5,000
|
|
Bus
|
per kilometre
|
30
|
THE DECLARATION OF ABIERO HILL FOREST, 2013
An area of land approximately 62.5 hectares, known as south Sakwa/Migwena/807, situated approximately 9 kilometres south of Bondo Township, Siaya District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No 175/425, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Bondo.
THE DECLARATION OF BANGALI FOREST, 2013
An area of land approximately 119.373.0 hectares, known as Bangali Forest, situated approximately 4 kilometres west of Garissa Township, Tana River District, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/426, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Tana River.
THE DECLARATION OF GOD KWER FOREST, 2013
An area of land approximately 1.3 hectares, known as West Suna/Wiga/810, situated approximately 16 kilometres west of Migori Township, Migori District, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/418, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Suna.
THE DECLARATION OF GOT OTARO FOREST, 2013
An area of land approximately 0.18 hectares, known as West Karachuonyo/Kokoth “A”/427, situated approximately 14 kilometres of west of Kendu Bay Township, in the South Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/422, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Oyugis.
THE DECLARATION OF HEWANI FOREST, 2013
An area of land approximately 2,698.2 hectares, depicted on an extract of 1:50:000 sheets Nos. 179/1, 179/2, 179/3 and 179/4, situated approximately 18 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/417, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.
THE DECLARATION OF KIMANYI FOREST, 2013
An area of land approximately 2.5 hectares, known as Kodera/Kamiyawa/785, situated approximately 10 kilometres of Oyugis Township and 1.5 kilometres north-west of Kodera Forest, South Nyanza District, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/421, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Oyugis.
THE DECLARATION OF KOKONI FOREST, 2013
An area of land approximately 61,495.5 hectares, depicted on an extract of 1:50,000 sheet Nos. 167/3 and 4 and 178 and 2, situated approximately 28 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No 175/420, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.
THE DECLARATION OF KUJA BULL CAMP FOREST, 2013
An area of land approximately 17.50 hectares, known as Kamasonga/Parcel No. 447, situated approximately 11 kilometres north-east of Awendo Trading Centre, in the south Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/234, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Homa Bay.
THE DECLARATION OF LAMBWE FOREST, 2013
An area of land approximately 724.2 hectares, situated approximately 14 kilometres south-west of Homa Bay Town in Suba District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/424, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Mbita.
THE DECLARATION OF MAAI FOREST, 2013
An area of land approximately 515.00 hectares, situated approximately 80 kilometres north-east of Kitui Town in Kitui District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/319, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitui.
THE DECLARATION OF MAKUNGA FOREST, 2013
An area of land approximately 252.53 hectares, known as L.R. No. 6992/2, adjoining the eastern boundary of Mount Elgon Forest, situated approximately 25 kilometres west of Kitale Municipality, in the Trans Nzoia County/District, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/389, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitale.
THE DECLARATION OF MARANGA FOREST, 2013
An area of land approximately 218.5 hectares, situated approximately 12 kilometres east of Embu Municipality, in Embu Municipality, in Embu District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/206, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Embu.
THE DECLARATION OF MBALAMBALA FOREST, 2013
An area of land approximately 4.253.5 hectares, known as Mbalambala Forest, situated approximately 60 kilometres north-west of Ganssa Township, Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/427, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the Zonal Forest Manager, Kenya Forest Service, Tana River.
THE DECLARATION OF MISANGO HILLS FOREST, 2013
An area of land approximately 103.7 hectares, known as Kisa/Mwikalikha/1690A, situated approximately 16 kilometres south-west of Kakamega Municipality, in Butere/Mumias District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/409, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Butere.
THE DECLARATION OF MNANGEI/SIYOI FOREST, 2013
An area of land approximately 25.00 hectares, known as Mnangei/Siyoi/53 situated approximately 2 kilometres south-west of Kapenguria Town, West Pokot County/District, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/411, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, West Pokot.
THE DECLARATION OF MUTHA FOREST, 2013
An area of land approximately 1,785.00 hectares, situated approximately 63 kilometres south-east of Kitui Town, in the Kitui District/County, Eastern Province, the boundaries of which are more particularly defineated, edged green, on Boundary Plan No. 175/317, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitui.
THE DECLARATION OF MWINA FOREST, 2013
An area of land approximately 3,347.20 hectares, depicted on an extract of 1:50,000 sheet No. 179/1, situated approximately 22 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/415, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.
THE DECLARATION OF NTHOANI FOREST, 2013
An area of land approximately 1,387.00 hectares, situated approximately 68 kilometres south-east of Kitui Town in Kitui District/County, Eastern Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/320, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Kitui.
THE DECLARATION OF RAMOGI FOREST, 2013
An area of land approximately 399.50 hectares, known as Yimbo/Usigu/2743, situated approximately 24 kilometres north-west of Bondo Township, Siaya District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/423, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Bondo.
THE DECLARATION OF RANEN FOREST, 2013
An area of land approximately 66.60 hectares, comprised of Kamasonga/Parcel No. 1055 and Kodera Lwora/Parcel No. 758, situated approximately 6 kilometres north-east of Awendo Trading Centre, in the South Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/236, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Homa Bay.
THE DECLARATION OF WAYU FOREST, 2013
An area of land approximately 42,512.20 hectares, depicted on an extract of 1:50,000 sheet No. 179/1, situated approximately 22 kilometres west of Lamu Township, in Tana River District/County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/416, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Tana River.
THE DECLARATION OF WIRE FOREST, 2013
An area of land approximately 387.3 hectares, situated approximately 20 kilometres north-west of Kisii Town, in the South Nyanza District/County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/299, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and copy of which may be inspected at the office of the District Forest Officer, Kenya Forest Service, Homa Bay.
THE EXTENSION OF DECLARATION OF A PROVISIONAL FOREST, 2015
All that parcel of land measuring approximately 22,016.4 hectares otherwise known as the Kipini Wildlife and Botanical Conservancy comprising parcels Nos. 14, 20, 564 and 558 and LR. Nos. 12217/3, 12217/4, 12217/5, 12217/6, 12217/7, 12217/8, 12217/9, 12217/10, 12217/11, 12217/12, 12217/13, 12217/14, 12217/15, 12217/16, 12217/17, 12217/18, 12217/19, 12217/20, 12217/21, 12217/22, 12217/23, 12217/24, 12217/25, 12217/26, 12217/27 and 12217/28 situated approximately ten kilometres east of Witu Township, in the Counties of Tana River and Lamu.
THE FORESTS (FEES AND CHARGES) RULES, 2016
| 1. |
These Rules shall be known as the Forests (Fees and Charges) Rules, 2016.
|
| 2. |
There shall be payable in respect of the forest produce specified in the first column of Part I of the First Schedule the fees respectively specified in the second and third columns.
|
| 3. |
There shall be payable stumpage fees in respect of the tree species specified in Part II of the First Schedule in the manner respectively set out in that Part.
|
| 4. |
There shall be payable stumpage fees in respect of pulpwood materials specified in Part III of the First Schedule in the manner respectively set out in that Part.
|
| 5. |
There shall be payable in respect of timber from the tree species specified in the first and second columns of the Second Schedule, which are commonly used in the manner specified in the Schedule third column of that Schedule, the fees respectively set out in the fourth column.
|
| 6. |
There shall be payable in respect of the forest products specified in the first column of the Third Schedule the price specified in the third column of that Schedule for the units of the respective product specified in the second column.
|
| 7. |
There shall be payable in respect of the activities set out in the first and second columns of the Fourth Schedule the fees respectively specified in the third column of that Schedule.
|
| 8. |
There shall be payable in respect of the professional services rendered by the Service specified in the first column of the Fifth Schedule the fees respectively specified in the third column of that Schedule.
|
| 9. |
There shall be payable for the hire of the plant and equipment specified in the first column of the Sixth Schedule for use in the manner specified in the second column the charges set out in the third column of that Schedule.
|
FIRST SCHEDULE
TIMBER HARVESTING FEES FOR PLANTATION SPECIES
SECOND SCHEDULE
TIMBER HARVESTING FEES FOR NATURAL FOREST TREE SPECIES
THIRD SCHEDULE
FEES FOR OTHER FOREST PRODUCTS
FOURTH SCHEDULE
FEES FOR FOREST ACTIVITIES
FIFTH SCHEDULE
FEES FOR PROFESSIONAL SERVICES
[r. 8]
SIXTH SCHEDULE
HIRE OF PLANTS AND EQUIPMENT
[r. 9]
THE FORESTS (FEES AND CHARGES) RULES, 2016
| 1. |
These Rules shall be known as the Forests (Fees and Charges) Rules.
|
| 2. |
There shall be payable in respect of the forest produce specified in the first column of Part I of the First Schedule the fees respectively specified in the second and third columns.
|
| 3. |
There shall be payable stumpage fees in respect of the tree species specified in Part II of the First Schedule in the manner respectively set out in that Part.
|
| 4. |
There shall be payable stumpage fees in respect of pulpwood materials specified in Part III of the First Schedule in the manner respectively set out in that Part.
|
| 5. |
There shall be payable in respect of timber from the tree species specified in the first and second columns of the Second Schedule, which are commonly used in the manner specified in the Schedule third column of that Schedule, the fees respectively set out in the fourth column.
|
| 6. |
There shall be payable in respect of the forest products specified in the first column of the Third Schedule the price specified in the third column of that Schedule for the units of the respective product specified in the second column.
|
| 7. |
There shall be payable in respect of the activities set out in the first and second columns of the Fourth Schedule the fees respectively specified in the third column of that Schedule.
|
| 8. |
There shall be payable in respect of the professional services rendered by the Service specified in the first column of the Fifth Schedule the fees respectively specified in the third column of that Schedule.
|
| 9. |
There shall be payable for the hire of the plant and equipment specified in the first column of the Sixth Schedule for use in the manner specified in the second column the charges set out in the third column of that Schedule.
|
FIRST SCHEDULE [rr. 1, 2, 3, 4]
TIMBER HARVESTING FEES FOR PLANTATION SPECIES
PART I – PLANTATION SPECIES
|
Tree Species
|
Clear FellKSh./m3
|
ThinningKSh./m3
|
|
A—Grevillea rubusta (Grevillea)
|
|
Logs less than 240mm diameter
|
2,621
|
2,150
|
|
Logs of diameter 240mm – 319mm
|
3,051
|
2,502
|
|
Logs of diameter 320mm – 399mm
|
3,521
|
2,888
|
|
Logs of diameter 400mm – 479mm
|
4,409
|
3,615
|
|
Logs of diameter 480mm – 559mm
|
4,933
|
4,045
|
|
Logs of diameter 560mm and greater
|
5,345
|
4,383
|
|
B—Juniperus procera (Cedar)
|
|
Logs less than 240mm diameter
|
6,254
|
5,128
|
|
Logs of diameter 240mm – 319mm
|
7,279
|
5,969
|
|
Logs of diameter 320mm – 399mm
|
8,401
|
6,889
|
|
Logs of diameter 400mm – 479mm
|
10,518
|
8,624
|
|
Logs of diameter 480mm – 559mm
|
11,768
|
9,650
|
|
Logs of diameter 560mm and greater
|
12,752
|
10,457
|
|
C—Vitex keniensis (Meru Oak)
|
|
|
|
Logs less than 240mm diameter
|
3,745
|
3,071
|
|
Logs of diameter 240mm – 319mm
|
4,359
|
3,574
|
|
Logs of diameter 320mm – 399mm
|
5,031
|
4,125
|
|
Logs of diameter 400mm – 479mm
|
6,298
|
5,164
|
|
Logs of diameter 480mm – 559mm
|
7,047
|
5,778
|
|
Logs of diameter 560mm and greater
|
7,636
|
6,261
|
PART II – STUMPAGE FEES
|
A—Cypress
|
B—Pines
|
C—Eucalyptus
|
|
|
Clear fell
|
Thinning
|
|
Clearfell
|
Thinning
|
|
C/lear fell
|
|
DBH (cm)
|
Ksh/m3
|
KSh./m3
|
DBH (cm)
|
KSh./m3
|
KSh./m3
|
DBH (cm)
|
KSh./m3
|
|
15
|
3,337
|
2,336
|
15
|
3,337
|
—
|
15
|
—
|
|
16
|
3,362
|
2,354
|
16
|
3,362
|
—
|
16
|
—
|
|
17
|
3,338
|
2,372
|
17
|
3,338
|
—
|
17
|
—
|
|
18
|
3,414
|
2,390
|
18
|
3,414
|
—
|
18
|
—
|
|
19
|
3,440
|
2,408
|
19
|
3,440
|
—
|
19
|
—
|
|
20
|
3,466
|
2,426
|
20
|
3,466
|
2,426
|
20
|
2,774
|
|
21
|
3,492
|
2,444
|
21
|
3,492
|
2,444
|
21
|
2,801
|
|
22
|
3,519
|
2,463
|
22
|
3,519
|
2,463
|
22
|
2,823
|
|
23
|
3,545
|
2,482
|
23
|
3,545
|
2,482
|
23
|
2,846
|
|
24
|
3,572
|
2,501
|
24
|
3,572
|
2,501
|
24
|
2,870
|
|
25
|
3,599
|
2,520
|
25
|
3,599
|
2,520
|
25
|
2,897
|
|
26
|
3,627
|
2,539
|
26
|
3,627
|
2,539
|
26
|
2,918
|
|
27
|
3,654
|
2,558
|
27
|
3,654
|
2,558
|
27
|
2,935
|
|
28
|
3,682
|
2,578
|
28
|
3,682
|
2,578
|
28
|
2,952
|
|
29
|
3,710
|
2,597
|
29
|
3,710
|
2,597
|
29
|
2,972
|
|
30
|
3,738
|
2,617
|
30
|
3,738
|
2,617
|
30
|
2,991
|
|
31
|
3,676
|
2,637
|
31
|
3,676
|
2,637
|
31
|
3,010
|
|
32
|
3,795
|
2,657
|
32
|
3,795
|
2,657
|
32
|
3,026
|
|
3
3
|
3,824
|
2,677
|
33
|
3,824
|
2,677
|
33
|
3,041
|
|
34
|
3,853
|
2,697
|
34
|
3,853
|
2,697
|
34
|
3,056
|
|
35
|
3,883
|
2,718
|
35
|
3,883
|
2,718
|
35
|
3,070
|
|
36
|
3,912
|
2,738
|
36
|
3,912
|
—
|
36
|
3,086
|
|
37
|
3,942
|
2,759
|
37
|
3,942
|
—
|
37
|
3,099
|
|
38
|
3,972
|
2,780
|
38
|
3,972
|
—
|
38
|
3,113
|
|
39
|
4,002
|
2,801
|
39
|
4,002
|
—
|
39
|
,3124
|
|
40
|
4,032
|
2,823
|
40
|
4,032
|
—
|
40
|
3,137
|
|
41
|
4,063
|
2,844
|
41
|
4,063
|
—
|
41
|
3,149
|
|
42
|
4,094
|
2,866
|
42
|
4,094
|
—
|
42
|
3,159
|
|
43
|
4,125
|
2,888
|
43
|
4,125
|
—
|
43
|
3,170
|
|
44
|
4,156
|
2,909
|
44
|
4,156
|
—
|
44
|
3,182
|
|
45
|
4,188
|
2,932
|
45
|
4,188
|
—
|
45
|
3,194
|
|
46
|
4,220
|
2,954
|
46
|
4,220
|
—
|
46
|
3,203
|
|
47
|
4,252
|
2,976
|
47
|
4,252
|
—
|
47
|
3,213
|
|
48
|
4,284
|
2,999
|
48
|
4,284
|
—
|
48
|
3,222
|
|
49
|
4,317
|
3,022
|
49
|
4,317
|
—
|
49
|
3,232
|
|
50
|
4,350
|
3,045
|
50
|
4,350
|
—
|
50
|
3,240
|
|
51
|
4,383
|
3,068
|
51
|
4,383
|
—
|
51
|
3,250
|
|
52
|
4,416
|
3,091
|
52
|
4,416
|
—
|
52
|
3,259
|
|
53
|
4,449
|
3,115
|
53
|
4,449
|
—
|
53
|
3,265
|
|
5
4
|
4,483
|
3,138
|
54
|
4,483
|
—
|
54
|
3,275
|
|
55
|
4,517
|
3,162
|
55
|
4,517
|
—
|
55
|
3,281
|
|
56
|
4,552
|
—
|
56
|
4,552
|
—
|
56
|
3,291
|
|
57
|
4,586
|
—
|
57
|
4,586
|
—
|
57
|
3,296
|
|
58
|
4,621
|
—
|
58
|
4,621
|
—
|
58
|
3,304
|
|
59
|
4,656
|
—
|
59
|
4,656
|
—
|
59
|
3,310
|
|
60
|
4,692
|
—
|
60
|
4,692
|
—
|
60
|
3,318
|
|
61
|
4,727
|
—
|
61
|
4,727
|
—
|
61
|
3,323
|
|
62
|
4,763
|
—
|
62
|
4,763
|
—
|
62
|
3,331
|
|
63
|
4,799
|
—
|
63
|
4,799
|
—
|
63
|
3,337
|
|
64
|
4,836
|
—
|
64
|
4,836
|
—
|
64
|
3,345
|
|
65
|
4,873
|
—
|
65
|
4,873
|
—
|
65
|
3,348
|
|
66
|
4,810
|
—
|
66
|
4,810
|
—
|
66
|
3,356
|
|
67
|
4,947
|
—
|
67
|
4,947
|
—
|
67
|
3,360
|
|
68
|
4,985
|
—
|
68
|
4,985
|
—
|
68
|
3,365
|
|
69
|
5,022
|
—
|
69
|
5,022
|
—
|
69
|
3,371
|
|
70
|
5,061
|
—
|
70
|
5,061
|
—
|
70
|
3,377
|
|
71
|
5,099
|
—
|
71
|
5,099
|
—
|
71
|
3,383
|
|
72
|
5,138
|
—
|
72
|
5,138
|
—
|
72
|
3,387
|
|
73
|
5,177
|
—
|
73
|
5,177
|
—
|
73
|
3,391
|
|
74
|
5,216
|
—
|
74
|
5,216
|
—
|
74
|
3,397
|
|
75
|
5,256
|
—
|
75
|
5,256
|
—
|
75
|
3,403
|
|
76
|
5,296
|
—
|
76
|
5,296
|
—
|
76
|
3,407
|
|
77
|
5,336
|
—
|
77
|
5,336
|
—
|
77
|
3,412
|
|
78
|
5,377
|
—
|
78
|
5,377
|
—
|
78
|
3,416
|
|
79
|
5,417
|
—
|
79
|
5,417
|
—
|
79
|
3,420
|
|
80
|
5,459
|
—
|
80
|
5,459
|
—
|
80
|
3,422
|
|
81
|
5,500
|
—
|
81
|
5,500
|
—
|
81
|
3,428
|
|
82
|
5,542
|
—
|
82
|
5,542
|
—
|
82
|
3,432
|
|
83
|
5,584
|
—
|
83
|
5,584
|
—
|
83
|
3,435
|
|
84
|
5,627
|
—
|
84
|
5,627
|
—
|
84
|
3,441
|
|
85
|
5,669
|
—
|
85
|
5,669
|
—
|
85
|
3,443
|
|
86
|
5,712
|
—
|
86
|
5,712
|
—
|
86
|
3,447
|
|
87
|
5,756
|
—
|
87
|
5,756
|
—
|
87
|
3,453
|
|
88
|
5,800
|
—
|
88
|
5,800
|
—
|
88
|
3,454
|
|
89
|
5,844
|
—
|
89
|
5,844
|
—
|
89
|
3,458
|
|
90
|
5,888
|
—
|
90
|
5,888
|
—
|
90
|
3,461
|
|
91
|
5,933
|
—
|
91
|
5,933
|
—
|
91
|
3,466
|
|
92
|
5,978
|
—
|
92
|
5,978
|
—
|
92
|
3,468
|
|
93
|
6,023
|
—
|
93
|
6,023
|
—
|
93
|
3,472
|
|
94
|
6,069
|
—
|
94
|
6,069
|
—
|
94
|
3,474
|
|
95
|
6,115
|
—
|
95
|
6,115
|
—
|
95
|
3,479
|
|
96
|
6,162
|
—
|
96
|
6,162
|
—
|
96
|
3,482
|
|
97
|
6,208
|
—
|
97
|
6,208
|
—
|
97
|
3,483
|
|
98
|
6,256
|
—
|
98
|
6,256
|
—
|
98
|
3,488
|
|
99
|
6,303
|
—
|
99
|
6,303
|
—
|
99
|
3,489
|
|
100 and over
|
6,351
|
—
|
100 and over
|
6,351
|
—
|
100 and over
|
3,498
|
PART III – RATES FOR PULPWOOD MATERIALS (CYPRESS, PINES, EUCALYPTUS)
|
Produce
|
Units
|
Price (KSh.)
|
|
Pulpwood within pulpwood working circle but specifically management for pulpwood
|
Per m3
|
1,972
|
|
Pulpwood from sawn wood areas and those managed as saw wood.
|
Per m3
|
Price same as sawn log
|
SECOND SCHEDULE [r. 5]
TIMBER HARVESTING FEES FOR NATURAL FOREST TREE SPECIES
|
Botanical Name
|
Common Name
|
Common Usage
|
KSh./m3
|
|
1. Afzelia quanzensis
|
Mbambakofi (Kiswahili)
|
Carvings/flooring/furniture
|
7,235
|
|
2. Albizzia gummifera
|
Mukurwe (Kikuyu)
|
Timber/veneer
|
4,580
|
|
3. Abingeria altissima
|
Mukangu (Luhya)
|
Timber/plywood
|
3,341
|
|
4. Antaris toxicaria
|
Mulundu (Luhya)
|
Timber/furniture
|
3,755
|
|
5. Avicenia marina
|
Mchu (Kiswahili)
|
Timber/poles
|
360
|
|
6. Bosquiea pheberos
|
Mbarakaya (Kiswahili)
|
Veneer/furniture
|
4,586
|
|
7. Brachyleana huilensis
|
Muhugu (Kikuyu)
|
Carvings/flooring
|
6,283
|
|
8. Brachysstegia speciformis
|
Mriti/Mrihi (Kiswahili)
|
Timber
|
3,063
|
|
9. Bruguieria gymnorhiza
|
Mvuli (Kiswahili)
|
Carvings/timber/poles
|
360
|
|
10. Chlorophora excelsa
|
Mvule
|
Furniture/flooring
|
7,234
|
|
11. Chrysophyllum albida
|
Mululu (Luhya)
|
Timber/plywood
|
3,755
|
|
12. Combrettum schumanii
|
Mungurure
|
Carvings/flooring
|
4,588
|
|
13. Cordia spp.
|
Muringa, mukomari (Kikuyu),mungoma (Luhya)
|
Furniture
|
6,263
|
|
14. Croton macrostachys
|
Mutundu (Kikuyu)
|
Joinery
|
4,588
|
|
15. Croton megalocarpus
|
Mukinduri (Kikuyu),Musine (Luhya)
|
Construction/timber/plywood
|
3,053
|
|
16. Dalbergia melanoxylon
|
Mpingo (Kiswahili),Ebony
|
Carvings/musical instruments
|
7,234
|
|
17. Dombeya geotzenii
|
Mukeu (kikuyu)
|
Joinery
|
4,588
|
|
18. Euphorbia spp.
|
Euphorbia
|
Plywood
|
3,755
|
|
19. Fagara macrophylla
|
Shikuma (Luhya)
|
Furniture
|
4,588
|
|
20. Ficus spp.
|
Satinwood
|
Plywood
|
3,755
|
|
21. Funtumia Africana
|
Mutondo (Kikuyu)
|
Construction/timber/plywood
|
3,755
|
|
22. Hagenia abyssinica
|
Rosewood
|
Joinery/furniture/flooring
|
7,234
|
|
23. Juniperus procera
|
Cedar
|
Joinery/furniture/flooring
|
8,345
|
|
24. Maesopsis eminii
|
Mutere (Luhya), msis
|
Joinery/furniture/flooring
|
4,588
|
|
25. Manilkara butugi
|
Kydilani
|
Timber/furniture
|
4,588
|
|
26. manilkara zanzibarensis
|
Ngambo (Kiswahili)
|
Boats/furniture/joinery
|
6,009
|
|
27. Newtonia buchananii
|
Muklli (Meru)
|
Timber/furniture
|
4,588
|
|
28. Newtonia paucijuga
|
Mkanauni
|
Timber
|
4,588
|
|
29. Ocotea usambarensis
|
Camphor, muthaiti(Kikuyu)
|
Joinery/furniture
|
14,469
|
|
30. Olea Africana
|
Mutamaiyu (Kikuyu)
|
Flooring/carvings
|
7,234
|
|
31. Olea hochstetteri
|
Mucharage (Kikuyu)
|
Flooring/carvings/furniture
|
7,234
|
|
32. Olea welwitschii
|
Elgon olive, Loriodo(Luhya)
|
Flooring/carvings/furniture
|
9,480
|
|
33. Podocarpus
Africana
|
Podo
|
Timber/furniture
|
5,578
|
|
34. Polyscias kikuyuensis
|
Mutati (Kikuyu)
|
Plywood
|
4,580
|
|
35. Prunus Africana
|
Muii (Kikuyu)
|
Lorries/bridges/flooring
|
7,234
|
|
36. Trachylobium verrucosum
|
Mutandarusi
|
Boats/furniture/timber
|
4,588
|
|
37. Trichilia roka
|
Muyama
|
Furniture/veneer
|
4,588
|
|
38. Vitex keniensis
|
Meru oak, muhuru(Kikuyu)
|
Furniture/veneer
|
7,234
|
|
39. Acacia melanoxylon
|
Kanunga (Kikuyu)
|
Flooring/carving
|
5,620
|
|
40. Aruacaria spp.
|
|
Timber
|
2,248
|
|
41. Casaurina equisetifolia
|
Mvunje (Kiswahili)
|
Timber/poles
|
2,248
|
|
42. Erthrophleum guinensis
|
Mkelekele
|
—
|
4,588
|
|
43. Cynmetra webberi
|
Mfunda
|
—
|
4,588
|
|
44. Nesogordonia parvifolia
|
Mlunza
|
—
|
4,588
|
|
45. Vitex doniana
|
Mfundu
|
—
|
4,588
|
|
46. Terminalia kilimandischarica
|
Mbabaro
|
—
|
4,588
|
|
47. Terminali catappa
|
Mukungu
|
—
|
4,588
|
|
48. Nesogordonia spp.
|
Mnomvi
|
—
|
4,588
|
|
49. All others
|
—
|
—
|
4,588
|
THIRD SCHEDULE [r. 6]
FEES FOR OTHER FOREST PRODUCTS
|
Produce
|
Unit
|
KSh.
|
|
1. Bamboo
|
Per piece
|
100
|
|
2. Withies
|
Per piece of less than 5cm in diameter
|
10
|
|
3. Firewood
|
Commercial clear fell, per cubic metre
|
2,000
|
|
Salvaging, per cubic metre
|
2,000
|
|
Monthly Fuel Licence (MFL)
|
100
|
|
4. Cut stone
|
Cut Stone License, (Annual)
|
15,000
|
|
20m x 20m plot
|
30,000
|
|
5. Culvert
|
Per piece
|
3,500
|
|
6. Limestone
|
Per metric tonne
|
90
|
|
7. Crushed stone
|
Per metric tonne
|
200
|
|
8. Quarry waste
|
Per metric tonne
|
100
|
|
9. Sand
|
Ordinary, per metric tonne
|
200
|
|
Silica, per metric tonne
|
350
|
|
Volcanic ash, per metric tonne
|
100
|
|
10. Murram
|
Per metric tonne
|
300
|
|
11. Red ochre
|
Per metric tonne
|
1,000
|
|
Per head load
|
22
|
|
12. Soil
|
Per metric tonne
|
300
|
|
13. Grass
|
Per gunny bag or head load
|
50
|
|
14. Moss
|
Per gunny bag or headload
|
120
|
|
15. Asparagus fern
|
Per kg.
|
30
|
|
16. Bamboo shoots
|
Per kg.
|
33
|
|
17. Gum and resin
|
Per kg.
|
12
|
|
18. Honey
|
Per group (Community), (Annual)
|
1,500
|
|
Commercial, (Annual)
|
10,000
|
|
19. Camping fee
|
Per night, Adult
|
650
|
|
Per night, Child
|
100
|
|
20. Guest house
|
Per night, Ordinary
|
850
|
|
Per night, Medium
|
500
|
|
|
Per night, Kenya Forestry College Guest House
|
1,500
|
|
21. Ranger services
|
Visitor escort by one ranger per excursion
|
1,000
|
|
22. Observation platforms
|
Bird hides, Watchtowers and Tree platforms
|
150,000
|
|
23. Forest land Rent
|
For cultivation per acre, (Annual)
|
500
|
|
For commercial purposes Urban areas (cities, municipalities) per acre, (Annual)
|
20,000
|
|
For commercial purposes (other areas) per acre, (Annual)
|
10,000
|
|
Mangroves per acre, (Annual)
|
20,000
|
|
24. Building poles
|
(a) Hardwoods
|
|
|
Between a butt diameter of 5cm and 10cm, per piece
|
60
|
|
Between a butt diameter of 10cm and 15cm, per piece
|
350
|
|
(b) Exotic softwoods
|
|
|
Between a butt diameter of 5cm and 10cm, per piece
|
50
|
|
Between a butt diameter of 10cm and 15cm, per piece
|
300
|
|
Wider than a butt diameter 15cm, per piece
|
Respective timber price per cubic metre
|
|
25. Transmission poles
|
Extra light
|
3,942
|
|
Light
|
4,083
|
|
Medium
|
4,223
|
|
Stout
|
4,364
|
|
26. Cedar poles
|
Less than 15cm butt diameter, per metre
|
30
|
|
Between 15 and 20cm butt diameter, per metre
|
55
|
|
More than 20cm butt diameter
|
Respective timber rates
|
|
27. Mangroves
|
More than 35cm butt diameter, per metre
|
700
|
|
Banaa (20.1cm to 35cm butt diameter) per metre
|
750
|
|
Banaa, per piece
|
70
|
|
Nguzo (13.1cm to 20cm butt diameter), per metre
|
600
|
|
Nguzo, per piece
|
60
|
|
Boriti (9.1cm to 13cm butt diameter), per score
|
500
|
|
Boriti per piece
|
50
|
|
Mazio (6.1cm to 9cm butt diameter), per score
|
400
|
|
Mazio, Per piece
|
40
|
|
Pau (4.1cm to 6cm butt diameter), per score
|
200
|
|
Pau, Per piece
|
30
|
|
Fito (less than 4cm butt diameter), per score
|
60
|
|
Fito, Per piece
|
20
|
|
28. Facilities within mangrove areas
|
Docking, Commercial, (Annual)
|
75,000
|
|
Docking, Private, (Annual)
|
10,000
|
|
Boat Repair Yard, (Annual)
|
50,000
|
|
Jetty, Commercial, (Annual)
|
35,000
|
|
Jetty, Non-commercial, (Annual)
|
5,000
|
|
Boardwalk, Commercial, (Annual)
|
15,000
|
|
Boardwalk, Community/Groups, (Annual)
|
2,000
|
|
Salt works, (Annual)
|
300,000
|
|
29. Christmas trees
|
Potted
|
|
|
Less than one metre, per tree
|
300
|
|
Between one metre and two metres, per tree
|
600
|
|
Above two metres, per tree
|
700
|
|
Cuttings, per metre
|
200
|
|
30. Plants
|
(a) Single plants in polythene tube that is less than 15cm in diameter, per plant
|
|
|
Exotic
|
12
|
|
Indigenous
|
15
|
|
(b) Single plants in polythene tubes wider than 15cm in diameter, per plant
|
|
|
Exotic
|
75
|
|
Indigenous
|
100
|
|
(c) Plants lifted from Swaziland beds, per plant
|
|
|
Exotic
|
4
|
|
Indigenous
|
5
|
|
(d) Plants in boxes of approximately55 seedlings per box
|
250
|
|
31. Croton seeds
|
Croton megalocarpus seed for bio-diesel, per kg.
|
4
|
|
License fee for seed collection for biodiesel, (Annual)
|
100,000
|
|
32. Barks
|
Green wattle bark (stacked), per cubic metre
|
345
|
|
Other barks, per bag
|
45
|
FOURTH SCHEDULE [r. 7]
FEES FOR FOREST ACTIVITIES
|
Activities
|
Price (KSh.)
|
|
1. Water reservoirs
|
For commercial consumption – Large (Annual)
|
50,000
|
|
For commercial consumption – Small (Annual)
|
20,000
|
|
Small dam – Up to 1 millioncubic metres
|
350,000
|
|
Large dam – More than 1 million cubic metres
|
1,000,000
|
|
2. Water abstraction
|
Water easement (Once)
|
15,000
|
|
Small wayleave – Up to one metre diameter (Per kilometre)
|
5,000
|
|
Large wayleave – More than one metre diameter (Per kilometre)
|
20,000
|
|
Borehole (Annual)
|
50,000
|
|
Monitoring boreholes (Annual)
|
50,000
|
|
3. Fish farming (Annual License)
|
Fish farming (Fresh water) – 300m2
|
30,000
|
|
Fish farming (Fresh water) – Larger than 300m2
|
100,000
|
|
4. Aquaculture (Annual License)
|
Aquaculture (Marine) – Large
|
75,000
|
|
Aquaculture (Marie) – Small
|
20,000
|
|
5. Grazing
|
Cattle (Per month)
|
100
|
|
Sheep (Per month)
|
40
|
|
6. Transmitters and transceivers
|
Mobile phone firms. (Annual)
|
250,000
|
|
Radio station (Annual)
|
150,000
|
|
Internet
|
150,000
|
|
TV stations (Annual)
|
250,000
|
|
7. Annual Licenses
|
General Forest License
|
10,000
|
|
Small sawmill (Less than 10m3 of timber per day)
|
30,000
|
|
Medium sawmill (between 11m3 and 20m3 of timber per day)
|
45,000
|
|
Large-scale mill (over 20m3 of timber per day)
|
80,000
|
|
Pulp and paper
|
200,000
|
|
Plywood
|
150,000
|
|
Pole treatment plant
|
60,000
|
|
Resin extraction
|
60,000
|
|
Quarrying
|
75,000
|
|
Commercial fuelwood
|
30,000
|
|
Prospecting
|
50,000
|
|
8. Charcoal Production License (Annual)
|
10,000 bags
|
50,000
|
|
10,001 – 20,000 bags
|
200,000
|
|
20,001 – 50,000 bags
|
500,000
|
|
9. Timber Movement Permit
|
2 – 4 tonnes
|
1,000
|
|
5 – 7 tonnes
|
1,500
|
|
Over 7 tonnes
|
2,000
|
|
Imported timber (Per consignment)
|
20,000
|
|
10. Charcoal Movement Permit
|
Per bag
|
30
|
|
11. Movement Permit for Non Wood Forest Products
|
Per Kilogramme
|
2
|
|
12. Charcoal Export Permit
|
Per tonne
|
5,000
|
|
13. Forest Recreation Entry Fees
|
(a) Kenya and East African Community citizens
|
|
Adult, per day
|
200
|
|
Child, per day
|
50
|
|
(b) Residents
|
|
Adult, per day
|
400
|
|
Child, per day
|
100
|
|
(c) Non-residents
|
|
Adult, per day
|
600
|
|
Child, per day
|
150
|
|
14. Hire of Grounds
|
Urban (Cities) non-commercial, per day
|
50,000
|
|
Urban (Municipalities) non-commercial (Per day)
|
30,000
|
|
Commercial (Per day)
|
5,000
|
|
Others (Per day)
|
15,000
|
|
15. Sporting activities
|
Cycling
|
100
|
|
Horse-riding
|
300
|
|
16. Filming rights
|
Per day
|
40,000
|
|
17. Billboards
|
Nairobi, Mombasa and Kisumu (Annual)
|
250,000
|
|
Other areas (Annual)
|
150,000
|
|
18. Electricity wayleaves
|
Cities and municipalities per acre (Annual)
|
20,000
|
|
Other areas per acre (Annual)
|
10,000
|
|
19. Fibre optic cable way leave
|
Per kilometre (Annual)
|
2,000
|
|
20. Collection of indigenous forest materials along way leaves
|
Per cubic metre
|
1,600
|
|
21. Prospecting for minerals
|
Prospecting for minerals(Annual)
|
100,000
|
|
Drilling per hole
|
50,000
|
|
22. Generation of geothermal power
|
Conservation fees per megawatt (Annual)
|
100,000
|
|
23. Generation of hydro- power
|
Conservation fees per megawatt (Annual)
|
100,000
|
|
24. Wind turbine
|
Conservation fees per megawatt (Annual)
|
100,000
|
|
Data-logging mast for wind energy (Annual)
|
50,000
|
|
25. Research Permit
|
East African Community citizens
|
5,000
|
|
Non-residents
|
40,000
|
FIFTH SCHEDULE [r. 8]
FEES FOR PROFESSIONAL SERVICES
|
Service
|
Rate
|
KSh.
|
|
1. Timber grading
|
Per consignment (up to 25 M3)
|
5,000
|
|
2. Supervision for establishment of privateplantation forest
|
Per hectare
|
5,000
|
|
3. Selection for thinning of commercialprivate plantation forest
|
Per hectare
|
3,000
|
|
4. Site assessment for establishment of commercial forest
|
—
|
5,000
|
|
5. Printing in colour
|
A4
|
100
|
|
A3
|
500
|
|
A1
|
1,000
|
|
A0
|
1,500
|
|
6. Lamination of maps
|
A4
|
400
|
|
A3
|
1,000
|
|
A1
|
1,500
|
|
A0
|
2,500
|
|
7. Ammonia prints
|
A4
|
100
|
|
A3
|
150
|
|
A1
|
300
|
|
A0
|
500
|
|
8. Digitisation of maps
|
Per feature
|
3,500
|
|
9. Scanning of maps
|
A4
|
200
|
|
A3
|
500
|
|
A1
|
750
|
SIXTH SCHEDULE [r. 9]
HIRE OF PLANTS AND EQUIPMENT
|
Plant/Equipment
|
Rate
|
KSh.
|
|
1. Truck, flatbed (15 tonne)
|
Per Km
|
100
|
|
2. Truck, flatbed (15 tonne)
|
Per Hour
|
4,000
|
|
3. Truck, tipper (15 tonne)
|
Per Km
|
110
|
|
4. Pick-up 4x4 (1 to 1.5 tonne)
|
Per Km
|
30
|
|
5. Motor grader
|
Per Hour
|
5,500
|
|
6. Vibratory roller
|
Per Hour
|
2,300
|
|
7. Water tanker
|
Per Km
|
100
|
|
8. F/wheel loader
|
Per Hour
|
5,500
|
|
9. Excavator
|
Per Hour
|
8,000
|
|
10. Dozer D8
|
Per Hour
|
12,000
|
|
11. Concrete mixer (Stationary)
|
Per Day
|
6,000
|
|
12. Bus (62 seater)
|
Per Km
|
60
|
|
13. Bus (32 seater)
|
Per Km
|
30
|
|
14. Bus (9 seater)
|
Per Km
|
15
|
|
15. Brick making machine
|
Per Day
|
1,000
|
THE DECLARATION OF FOREST AREA, AGAI HILL FOREST, 2017
An area of land approximately 14.76 hectares, situated approximately sixty-three kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/458, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, ASEGO HILL FOREST, 2017
An area of land approximately 18.98 hectares, situated approximately one kilometre South-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/448, which is signed and sealed with the seal of the Survey of Kenya. and deposited at the Survey Records Otfice, Survey of Kenya. Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, AYWAYA HILLS FOREST, 2017
An area of land approximately 126.14 hectares, situated approximately eighteen kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/453, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, CHABERA FOREST, 2017
An area of land approximately 1.41 hectares, situated approximately sixty-two kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/457, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, GEMBE FOREST, 2017
An area of land approximately 2,755.01 hectares, situated approximately thirty kilometres North-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary PIan No. 175460, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, GOD JOPE FOREST, 2017
An area of land approximately 30.44 hectares, situated approximately sixteen kilometres South-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/447, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya. Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, GOD KOPOLO FOREST, 2017
An area of land approximately 11.54 hectares, situated approximately fifteen kilometres South-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/451, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, GOD NYAINGU FOREST, 2017
An area of land approximately 31.57 hectares, situated approximately thirty-five kilometres North-east of Homa Bay Town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/445, which is signed and sealed with the seal of the Survey of Kenya. and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, GOD OOGO FOREST, 2017
An area of land approximately 2.80 hectares, situated approximately fifty-three kilometres North-east of Homa Bay Town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175462, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, GOT OKOMBO FOREST, 2017
An area of land approximately 2.23 hectares, situated approximately fifty kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/461, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, HOMA HILLS FOREST, 2017
An area of land approximately 1,010.08 hectares, situated approximately seventeen kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/456, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, INSARIA BASSI/MASIEGE FOREST NURSERY FOREST, 2017
An area of land approximately 4.65 hectares, situated approximately twenty kilometers South of Kisii Township, Kisii County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/442, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Kisii County, and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, INSARIA HILL FOREST, 2017
An area of land approximately 4.57 hectares, situated approximately eight kilometers South of Kisii Township, Kisii County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/437, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the office of the Ecosystem Conservator, Kisii County, and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, KAMONDI HILL FOREST, 2017
An area of land approximately 2.00 hectares, situated approximately fifty-two kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/459, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, KODERA HILL FOREST, 2017
An area of land approximately 703.90 hectares, situated approximately twenty-five kilometres South-east of Homa Bay Town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/446, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, LUGONGO FOREST, 2017
An area of land approximately 227.29 hectares, situated approximately thirty-five kilometres North-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/455, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, MFANGANO FOREST, 2017
An area of land approximately 553.08 hectares, situated approximately fifty kilometres North-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green on Boundary Plan No. 115/464, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, NDONYO HILL FOREST, 2017
An area of land approximately 12.59 hectares, situated approximately thirty-three kilometers South-west of Kisii Township, Kisii County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/439, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Kisii County, and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, NGERI HILL FOREST, 2017
An atea of land approximately 16.21 hectares, situated approximately twelve kilometers West of Kisii Township, Kisii County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/440, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Kisii Counry, and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, NYAKAYIEMBA FOREST, 2017
An area of land approximately 44.57 hectares, situated approximately thirteen kilometres South-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/454, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay Counry and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, NYANGWETA FOREST, 2017
An area of land approximately 18.53 hectares, situated approximately twenty-six kilometers South-west of Kisii Township, Kisii County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/438, which is signed and sealed with the seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Kisii County, and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, NYOSORE FOREST, 2017
An area of land approximately 2.65 hectares, situated approximately fifty kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/449 which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay county and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, RANGWE HILL FOREST, 2017
An area of land approximately 1,294.74 hectares, situated approximately thirty-five kilometres South-west of Homa Bay Town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/444, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, RITUMBE FOREST, 2017
An area of land approximately 9.57 hectares, situated approximately fourteen kilometers South-west of Kisii Township, Kisii County, Nyanza Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/441, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Kisii County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, RURI HILLS FOREST, 2017
An area of land approximately 809.90 hectares, situated approximately sixteen kilometers North-west of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated edged green on Boundary Plan No. 175/463, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, SAMANGA HILL FOREST, 2017
An area of land approximately 10.25 hectares, situated approximately fifty kilometres North-east of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/450, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF FOREST AREA, URIANDA HILL FOREST, 2017
An area of land approximately 18.96 hectares, situated approximately fourteen kilometres West of Homa Bay town, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/452, which is signed and sealed with the seal of the Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay County and the Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF FOREST AREA
ARRANGEMENT OF SECTIONS
DECLARATION OF FOREST AREA
SCHEDULES
THE DECLARATION OF BON-IJARA FOREST, 2017
An area of land approximately 451,430.7 hectares, situated approximately thirty-five kilometres north of Lamu Township, Garissa County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/434, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Garissa and Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF FOREST AREA
DECLARATION OF FOREST AREA
IN EXERCISE of the powers conferred by section 31 (2) of the Forest Conservation and Management Act, the Cabinet Secretary for Environment and Natural Resources declares that the area described in the Schedule hereto be a forest area.
SCHEDULE
An area of land of approximately 10.0 hectares known as Kanyada/Kalanya/4269, situated approximately 1 kilometre east of Homa Bay Municipality, Homa Bay County. The boundaries of which are more particularly delineated edged green on the Boundary Plan No. 175/432, which is signed and sealed with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Homa Bay and Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF FOREST AREA
ARRANGEMENT OF SECTIONS
SCHEDULES
THE DECLARATION OF PUBLIC FOREST, BONI-LUNGI FOREST, 2017
An area of land approximately 39,925.7 hectares, situated approximately thirty kilometres north of Lamu Township, Lamu County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/433, which is signed and sealed with a seal of Survey of Kenya, &trd deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Lamu and Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF FOREST AREA
IN EXERCISE of the powers conferred by section 31 (2) of the Forest Conservation and Management Act, the Cabinet Secretary for Environment and Natural Resources declares that the area described in the Schedule hereto be a forest area.
SCHEDULE
An area of land of approximately 41.6 hectares known as Kisumu/Karateng/1589 and 1591, situated approximately 15 kilometre north-west of Kisumu city, Kisumu County, Nyanza Province. The boundaries of which are more particularly delineated edged green on the Boundary Plan No. 175/428, which is signed and sealed with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at Ecosystem Conservator, Kisumu and Kenya Forest Service Headquarters Nairobi.
THE DECLARATION OF PUBLIC FOREST, LOIMA FOREST, 2017
An area of land approximately 19,739.2 hectares, situated approximately forty-four kilometres west of Lodwar Township, Turkana County, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/436, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Turkana and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF BON-IJARA FOREST, 2017
An area of land approximately 451,430.7 hectares, situated approximately thirty-five kilometres north of Lamu Township, Garissa County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/434, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Garissa and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST, MUKUTANI FOREST, 2017
An area of land approximately 13,195.8 hectares, situated approximately forty-four kilometres noth East of Kabarnet Township, Baringo County, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/437, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Baringo and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST, BONI-LUNGI FOREST, 2017
An area of land approximately 39,925.7 hectares, situated approximately thirty kilometres north of Lamu Township, Lamu County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/433, which is signed and sealed with a seal of Survey of Kenya, &trd deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Lamu and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST, PANDA NGUO FOREST, 2017
An area of land approximately 41,316.0 hectares, situated approximately forty kilometres west of Lamu Township, Lamu County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/435, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Lamu and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST, LOIMA FOREST, 2017
An area of land approximately 19,739.2 hectares, situated approximately forty-four kilometres west of Lodwar Township, Turkana County, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/436, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Turkana and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST BUTE MALABA FOREST RANGES, 2021
An area of land approximately 19,171.00 hectares, situated approximately 300 Kilometres West of Wajir Township, Wajir County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/511, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Wajir and Kenya Forest Service Headquarters, NAIROBI
THE DECLARATION OF PUBLIC FOREST, MUKUTANI FOREST, 2017
An area of land approximately 13,195.8 hectares, situated approximately forty-four kilometres noth East of Kabarnet Township, Baringo County, Rift Valley Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/437, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Baringo and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST CHITAMBE (WEBUYE) HILL FOREST, 2021
An area of land approximately 406.22 hectares, situated approximately 25 Kilometers East of Bungoma town, Bungoma County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/512 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Bungoma and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST, PANDA NGUO FOREST, 2017
An area of land approximately 41,316.0 hectares, situated approximately forty kilometres west of Lamu Township, Lamu County, Coast Province, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/435, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Lamu and Kenya Forest Service Headquarters, Nairobi.
THE DECLARATION OF PUBLIC FOREST GOD NYANGO FOREST, 2021
An area of land approximately 34.70 hectares, situated approximately 35 Kilometers North East of Homa Bay Township, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/505 which is signed and sealed with a seal of Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST BUTE MALABA FOREST RANGES, 2021
An area of land approximately 19,171.00 hectares, situated approximately 300 Kilometres West of Wajir Township, Wajir County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/511, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Wajir and Kenya Forest Service Headquarters, NAIROBI
THE DECLARATION OF PUBLIC FOREST KARAINI HILL FOREST, 2021
An area of land approximately 203.17 hectares, situated approximately 19 Kilometers South East of Chuka township, Tharaka Nithi County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/506 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Chuka and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST CHITAMBE (WEBUYE) HILL FOREST, 2021
An area of land approximately 406.22 hectares, situated approximately 25 Kilometers East of Bungoma town, Bungoma County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/512 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Bungoma and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST KATANGUO HILLS FOREST, 2021
An area of land approximately 15.45 hectares, situated approximately 15 Kilometers South-west of Marimanti Township, Tharaka-Nithi County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/517 which is signed and sealed with a seal of Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Chuka and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST GOD NYANGO FOREST, 2021
An area of land approximately 34.70 hectares, situated approximately 35 Kilometers North East of Homa Bay Township, Homa Bay County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/505 which is signed and sealed with a seal of Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Homa Bay and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST WAJIR TOWN FOREST, 2021
An area of land approximately 5 .90 hectares, situated within Wajir Town, Wajir County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/510, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Wajir and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST KARAINI HILL FOREST, 2021
An area of land approximately 203.17 hectares, situated approximately 19 Kilometers South East of Chuka township, Tharaka Nithi County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/506 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Chuka and Kenya Forest Service Headquarters, NAIROBI.
REVOCATION OF DECLARATION OF PUBLIC FOREST - CHETAMBE (WEBUYE) HILLS FOREST
IN EXERCISE of the powers conferred by section 31(2) of the Forest Conservation and Management Act, the Cabinet Secretary for Environment and Forestry revokes the declaration of Chetambe (Webuye) Hills Forest as a public forest*
THE DECLARATION OF PUBLIC FOREST KATANGUO HILLS FOREST, 2021
An area of land approximately 15.45 hectares, situated approximately 15 Kilometers South-west of Marimanti Township, Tharaka-Nithi County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/517 which is signed and sealed with a seal of Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator Chuka and Kenya Forest Service Headquarters, NAIROBI.
THE DECLARATION OF PUBLIC FOREST WAJIR TOWN FOREST, 2021
An area of land approximately 5 .90 hectares, situated within Wajir Town, Wajir County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/510, which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the Ecosystem Conservator, Wajir and Kenya Forest Service Headquarters, NAIROBI.
REVOCATION OF DECLARATION OF PUBLIC FOREST - CHETAMBE (WEBUYE) HILLS FOREST
IN EXERCISE of the powers conferred by section 31(2) of the Forest Conservation and Management Act, the Cabinet Secretary for Environment and Forestry revokes the declaration of Chetambe (Webuye) Hills Forest as a public forest*
DECLARATION OF CHETAMBE (WEBUYE) FOREST
IN EXERCISE of the powers conferred by section 31(2) of the Forest Conservation and Management Act (Cap. 385) the Cabinet Secretary for Environment, Climate Change and Forestry declares that the area described in the Schedule hereto be a public forest area.
SCHEDULE
An area of land approximately 105.96 hectares, situated approximately 25 Kilometers East of Bungoma town, Bungoma County, the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/516 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the County Forest Conservator, Bungoma and Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF FOREST AREA-WOTE TREE NURSERY AND ARBORETUM
IN EXERCISE of the powers conferred by section 31(2) of the Forest Conservation and Management Act (Cap. 385) the Cabinet Secretary for Environment and Forestry declares that the area described in the Schedule hereto be a forest area.
SCHEDULE
WOTE TREE NURSERY AND ARBORETUM
An area of land approximately 1.917 hectares (4.736 Acres), situated within Wote Township, Makueni County the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/521 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the County Forest Conservator, Makueni County and Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF MACALDER FOREST
IN EXERCISE of the powers conferred by section 31(2) of the Forest Conservation and Management Act (Cap. 385), the Cabinet Secretary for Environment and Forestry declares that the area described in the hereto be a forest area.
SCHEDULE
An area of land approximately 2494.95 hectares (6165.02 Acres), situated Approximately 25 kms north west of Migori Township, Migori County the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/517 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the County Forest Conservator, Migori County and Kenya Forest Service Headquarters, Nairobi.
DECLARATION OF TAKABA HILL FOREST
IN EXERCISE of the powers conferred by section 31(2) of the Forest Conservation and Management Act (Cap. 385) the Cabinet Secretary for Environment and Forestry declares that the area described in the Schedule hereto be a forest area.
SCHEDULE
An area of land approximately 1171.92 hectares (2895.87 Acres), situated Approximately 190kms South West of Mandera Township, Mandera County the boundaries of which are more particularly delineated, edged green, on Boundary Plan No. 175/20 which is signed and sealed with a seal of Survey of Kenya, and deposited at the Survey Records Office, Survey of Kenya, Nairobi and a copy of which may be inspected at the office of the County Forest Conservator, Mandera County and Kenya Forest Service Headquarters, Nairobi.
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