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Statutory Instruments 2016 No. 57

This document contains the National Forestry and Tree Planting Regulations of 2016 from Uganda. It outlines various parts of the regulations related to forest management and planning, forestry research, collaborative forest management, conservation and protection of forests, private forests, community forests, tree planting and management, revenue collection and licensing, trade in forest products, trade in carbon sequestration credits, certification, and recreation in forest reserves. The regulations provide structure and guidelines for sustainable management of Uganda's forest resources.

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muhairwe timothy
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50% found this document useful (2 votes)
3K views107 pages

Statutory Instruments 2016 No. 57

This document contains the National Forestry and Tree Planting Regulations of 2016 from Uganda. It outlines various parts of the regulations related to forest management and planning, forestry research, collaborative forest management, conservation and protection of forests, private forests, community forests, tree planting and management, revenue collection and licensing, trade in forest products, trade in carbon sequestration credits, certification, and recreation in forest reserves. The regulations provide structure and guidelines for sustainable management of Uganda's forest resources.

Uploaded by

muhairwe timothy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 107

STATUTORY INSTRUMENTS

SUPPLEMENT No. 25 2nd September, 2016


STATUTORY INSTRUMENTS SUPPLEMENT
to The Uganda Gazette No. 63, Volume CIX, dated 2nd September, 2016
Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S
2016 No. 57.
THE NATIONAL FORESTRY AND TREE PLANTING REGULATIONS, 2016.

ARRANGEMENT OF REGULATIONS

Regulation

PART I—PRELIMINARY

1. Title
2. Application
3. Interpretation
PART II—FOREST MANAGEMENT AND PLANNING
4. Principles for sustainable forest management
5. Criteria and indicators for sustainable forest management
6. Forest management plans
7. Management plan areas
8. District forestry development plans
9. Register of forests
10. Inventory of forests
11. Compliance with inventory
12. Gazetting of honorary forest officers
13. Oath of honorary forestry officers
PART III—FORESTRY RESEARCH
14. Interpretation
15. Purpose of Part III
16. Obligations and functions of the Authority

1199
Regulation
PART IV—COLLABORATIVE FOREST MANAGEMENT
17. Interpretation
18. Purpose of collaborative forest management agreement
19. Eligibility of parties
20. Collaborative forest management agreement
21. First meeting
22. Form of application for collaborative forest management agreement
23. Procedure on receipt of application
24. Official meeting
25. Rejection of application
26. Appeal against decision of the responsible body
27. Registration of collaborative forest management arrangement
28. Establishment of management committees
29. Duration of agreement
30. Technical assistance agreement
PART V—CONSERVATION AND PROTECTION OF FORESTS
31. Declaration of reserved species
32. Review of list of reserved species
33. Tree protection order
34. Consideration of application
35. Temporary protection of trees
36. Prohibited acts on protected trees and reserved species
37. Registration of protected trees and reserved species against title deeds
38. Introduction of alien and exotic species
39. Management of wildlife in forest reserves and other forests
40. Closing of areas
41. Prohibition of possession of inflammable materials
42. Functions of the districts in management of forest fire
43. Functions of the District Forest Fire Management Committee
44. Forest fire management by lower councils
45. Meetings of the District Forest Fire Management Committee.
46. Control of entry in and damage to forest reserves.
47. Damaging of forests.
48. Authorised persons to require person to leave forest reserve or stop an
act
49. Removal of persons from forest reserves
1200
Regulation
50. Notification of plant and livestock pests and diseases
51. Pest control in timber
52. Timber seasoning
53. Restriction of potential risks
54. Identity of person in charge of potential carrier
55. Power of authorised person to detain, control or remove carrier
56. Driver of potential carrier to comply with request to stop
57. Person not to obstruct or hinder authorised person
58. Quarantine
59. Marking of livestock

PART VI—PRIVATE FORESTS

60. Interpretation
61. Purpose of Part VI
62. Ownership of private forests
63. Registration of private forests
64. Consideration of the application for registration
65. Contents of the assessment report
66. Approval of a private forest
67. Certification of registration of private forest
68. Duration of registration
69. Effect of registration of a private forest
70. Protection of third party
71. Management of private forests
72. Obligations of private forest owners
73. Rights of private forest owners
74. Forests owned and managed by traditional or cultural leaders

PART VII—COMMUNITY FORESTS

75. Purpose of Part VII


76. Communal land association
77. Rules for community forests
78. Forest management plans for community forests
PART VIII—TREE PLANTING, GROWING AND MANAGEMENT
79. Ownership of planted trees
1201
Regulation

80. Consent to uproot or cut trees


81. Tree planting order
82. Tree tending programme
83. Duty to replant
84. Tree nursery
85. Identification of areas for tree planting

PART IX—REVENUE COLLECTION AND LICENCES


86. Principles for sale of forest produce and services
87. Revenue to responsible body
88. Value added tax liability
89. Application for license to operate in a forest
90. Licences
91. Issue of licence by public tender or auction
92. Minimum girths
93. Identification
94. Licensee to pay compensation
95. Validity of license
96. Suspension, cancellation and termination of license
97. Sale of forest produce
98. Extra charges
99. Security of fulfilment of obligations

PART X—TRADE IN FOREST PRODUCTS

100. Interpretation
101. Access and trade in forest genetic resources
102. Timber grading for export
103. Trade names for tree species
104. Conveyance of forest produce

PART XI—TRADE IN CARBON SEQUESTRATION CREDITS

105. Interpretation
106. Purposes of Part XI
107. Buyer and seller
108. Obligations of the responsible body
1202
Regulation

109. Appointment of national adviser and certifier


110. Obligations of the advisory body
111. Criteria for evaluation of carbon sequestered

PART XII—CERTIFICATION

112. Purpose of Part XII


113. Certification and control of tree seeds and other germplasm
114. Forest certification and labelling of forest produce

PART XIII—RECREATION IN FOREST RESERVES

115. Community participation

PART XIV—MISCELLANEOUS PROVISIONS

116. Amendment of Schedules

SCHEDULES

Schedule 1- Currency Point

Schedule 2- Summary rules or guidelines notes to the process of developing


the district forestry development plan

Schedule 3- National or District Register of Forests

Schedule 4- Application Form for Collaborative Forest Management

Schedule 5 - Collaborative Forest Management Agreement

Schedule 6 - Certificate of Registration for a Collaborative Forest


Management Agreement

1203
Schedule 7 - Licence to Reside and Operate in a Forest Reserve

Schedule 8- Reserved Species

Schedule 9 - Licence to take Reserved Species or Protected Trees

Schedule 10 - Timber which is not Susceptible to Beetle Borers

Schedule 11 - Application to register a Private Forest

Schedule 12 - Certificate of Registration of a private forest

Schedule 13- Summary rules for forest valuation

Schedule 14 - Licence to Reside and Operate in a Forest Reserve

Schedule 15 - Licence to Cut or Take Forest Produce in a Forest Reserve

Schedule 16 - Annual License to Transport Forest Produce

Schedule 17 - Minimum Girths for Trees to be felled for Timber

Schedule 18 - Certificate for Timber Grading

Schedule 19 - Standard Trade Names Prescribed for Timber

Schedule 20 - Forest Produce Declaration Form

Schedule 21 - Forest Produce Movement Permit

1204
S T A T U T O R Y I N S T R U M E N T S
2016 No. 57.

The National Forestry and Tree Planting Regulations, 2016.


(Under section 92 of the National Forestry and Tree Planting Act, 2003,
Act No. 8 of 2003.)

IN EXERCISE of the powers conferred on the Minister responsible for


forestry by section 92 of the National Forestry and Tree Planting Act,
2003 these Regulations are made this 15th day of February, 2016.
PART I—PRELIMINARY

1. Title
These Regulations may be cited as the National Forestry and Tree
Planting Regulations, 2016.

2. Application
These Regulations apply to—
(a) all types of forests or a part of a forest provided for under the
Act;
(b) owners, producers and users of forest products provided for
under the Act; and
(c) all matters relating to sustainable forest management as
prescribed under the Act and these Regulations.

3. Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the National Forestry and Tree Planting Act, 2003;
“authorised person” means a forestry officer, an honorary forestry
officer, a Wildlife Protection Officer, police officer or other
person designated by the Minister under section 51 of the Act
to be an authorised person for the purpose of the Act and these
Regulations;
1205
“Authority” means the National Forestry Authority established by
section 52 of the Act;

“currency point” has the value assigned to it in Schedule 1;

“district environment officer” means a district environment officer


appointed under section 15 of the National Environment Act,
Cap 153;

“district forestry development plan” means the development plan


referred to under regulation 11 and section 35 of the Local
Governments Act, Cap 243;

“district technical planning committee” means the technical


planning committee established under section 36 of the Local
Governments Act, Cap 243;

“lead agency” means a person, Ministry, government department,


local government council or administrative unit established
under the Local Governments Act,Cap 243, a parastatal,
agency or public officer in which or whom a written law vests
functions related to the management of trees, forests, forest
ecosystems, forest reserves or forest produce;

“lower local government” means the local councils established


under section 5 of the Local Governments Act, Cap 243;

“National Environment Management Authority” means the


Authority established under section 4 of the National
Environment Act, Cap 153;

“responsible body” means a body designated to manage, maintain


and control a forest reserve or a community forest under the
Act and in case of a private forest, the owner or person in
charge of the forest.

1206
PART II—FOREST MANAGEMENT AND PLANNING

Sustainable forest management

4. Principles for sustainable forest management


(1) Every forest in Uganda shall be managed in accordance with the
following principles of sustainable forest management—
(a) conservation of ecosystems, habitats and biological diversity
and their health and vitality;

(b) sustaining the potential yield of the ecological, social and


economic benefits of forests;
(c) promoting participation of stakeholders in the planning and
management of forests;
(d) promoting fair distribution of the economic, social and
environmental benefits at the local, district and national levels;

(e) conservation of watersheds and other natural resources,


including soil and water;

(f) conservation of natural heritage of forest resources and their


aesthetic, cultural and spiritual values;

(g) complying with all relevant national laws and international


instruments on forestry to which Uganda is a party;

(h) ensuring long term tenure and rights;

(i) management in accordance with a forest management plan;

(j) regular monitoring of management activities and their impact;

(k) improvement of livelihoods and reduction of poverty;

(l) adherence to professional ethics, conduct and standards; and

(m) efficiency in forest management practices.


1207
(2) The principles in sub regulation (1) shall guide the making of
decisions affecting all types of forests and ownership of forests and shall
be applied in a balanced way—
(a) in exercise of a power or the performance of a function under
the Act;
(b) in development and implementation of government policies
affecting forests;
(c) in the exercise of a power or the performance of a duty under
any other law where the exercise of the power or the
performance of the duty will have an impact on natural forests;
and
(d) by a person required under any legislation to carry out an
environmental impact assessment in respect of an activity,
which will or may have an impact on forests.
(3) An authorised person shall, in applying the principles referred
to under sub regulation (1), take into account the differences between
tropical high forests, woodlands, plantations and trees on farm and the
types of forest ownership under the Act.

5. Criteria and indicators of sustainable forest management


(1) The Minister shall, in consultation with all relevant
stakeholders, set standards, criteria and indicators for sustainable forest
management.
(2) Subject to sub regulation (1), the Minister shall establish and
publish—
(a) the environmental, social and economic criteria to be used to
determine whether or not forests are sustainably managed;
(b) the indicators to be used to measure the state of forest
management;
(c) the appropriate standards in relation to the indicators; and
(d) any other matter that is necessary for establishment of criteria
and indicators for forestry management.
1208
(3) The criteria and indicators shall include the determination of the
level of maintenance and development of—

(a) forest resources;

(b) biological diversity in forests;

(c) the health and vitality of forests;

(d) productive functions of forests;

(e) protective and environmental functions of forests;

(f) socio-economic benefits of the forests; and

(g) status and appropriateness of the policy and legislative and


institutional framework for forest management.

(4) The criteria, indicators and standards determined under this


regulation shall—

(a) apply nationally or to a forest management area;


(b) apply to all or specific types of forests;
(c) bind all forests irrespective of ownership; and
(d) bind all persons on whom the criteria and indicators apply.

(5) For avoidance of doubt, the standards under sub regulation 2(c)
and other standards including certification standards shall be used to
monitor progress in sustainable forest management.

(6) A person who fails to comply with the standards, criteria and
indicators under this regulation contravenes this regulation.

(7) The person under sub regulation (6) shall be informed in writing
by the responsible body of the nature of the contravention and the steps
to be taken and period within which to rectify the contravention.
1209
6. Forest management plans
(1) Subject to section 28 (1) and (6) of the Act—
(a) the Authority shall prepare a forest management plan for each
central forest reserve;
(b) a district local government shall prepare a forest management
plan for each local forest reserve in the district;

(c) a local community institution registered under the Act shall


prepare a forest management plan for community forests in the
area; and

(d) a private forest owner shall prepare a forest management plan


for his or her forests.

(2) A forest management plan shall, subject to section 28(2) of the


Act—

(a) be based on consultation with relevant lead agencies and local


communities that have a direct interest in the forest in at least
one meeting to review the draft plan; and
(b) reflect the relevant parts of the National Forest Plan made
under section 49 of the Act.

(3) The Minutes of the consultative meeting and description of the


process under sub regulation (2) (b) shall be annexed to the forest
management plan.

(4) The person designated for the purposes of approving a forest


management plan under section 28(3) of the Act—

(a) for a central forest reserve, is the Board in consultation with


the Minister; and

(b) for a local forest reserve, a community forest and a private


forest is the District Council in consultation with the district
forest officer.
1210
(5) The Authority and a district council shall ensure that copies of
the approved forest management plan and approved amendments—

(a) are kept at the head office of the Ministry, Authority and the
district forestry office in which the forest is situated; and

(b) are available for inspection by members of the public at the


offices mentioned in paragraph (a) during normal business
hours.

7. Management plan areas


(1) A responsible body may group a series of forests or forest
reserves into a management plan area for purposes of preparing a forest
management plan.

(2) The forest management plan under sub regulation (1) shall be
used for planning and efficient management of a series of forests or
forest reserves.

(3) The responsible body shall, in preparing a forest management


plan under sub regulation (1), consider—

(a) the type and intensity of management;

(b) administrative matters;

(c) the geographical situation; and

(d) any other matter necessary in the management of the forest.

(4) The forest management plan under sub regulation (1) shall be
prepared in accordance with the procedure outlined in regulation 6.

(5) The Authority may, in deciding on management plan areas,


consult with the respective local governments to form forestry
committees in accordance with section 63 of the Act.

1211
(6) For the avoidance of doubt, the responsible body shall decide on
the management plan areas within 6 months after the coming into force
of these regulations.

8. District forestry development plans.


(1) A district shall develop a district forestry development plan for
purposes of—

(a) planning development of forestry;

(b) providing for co-ordinated management of forests;

(c) mainstreaming forestry in district development planning; and

(d) involving other interested parties in forestry management.

(2) Subject to sections 47 and 48 of the Act, the district technical


planning committee shall prepare a district forestry development plan,
focusing on local forest reserves, community and private forests and any
other category of forests in the district.

(3) The rules prescribed in Schedule 2 shall apply to preparation of


the district forestry development plan.

(4) Each department in the district local government shall include


in its annual work plan activities in the district forestry development plan
that is relevant to forestry.

(5) The district council shall approve the district forestry


development plan.

(6) The district council shall give directions to lower local


governments to implement the district forestry development plan.

(7) The District Local Government shall deposit a copy of the


district forestry development plan with lead agencies.

1212
(8) The district forestry development plan shall be in conformity
with the district environment action plan, the national forestry plan and
these Regulations.

(9) The district forestry development plan shall be prepared in


accordance with the planning cycles of districts.

(10) Subject to section 47 of the Act, the Minister shall provide


technical advice and other support necessary for the preparation of the
district forestry development plan.

9. Register of forests
(1) The Minister shall, in accordance with the Act maintain a
national register of forests classified in section 4 of the Act.

(2) The register under sub regulation (1) shall be a public document
and shall be in the form prescribed in Schedule 3.

(3) A district forest office shall maintain a district register of


forests.

(4) The district register of forests shall be in the same form as the
national register of forests.

(5) The District Council shall as soon as practicable communicate


to the Minister any amendment to the district register of forests.

10. Inventory of forests


(1) The inventory under section 37 of the Act shall be carried out
every 10 years or such other shorter period as the Minister may, in
writing, determine.

(2) Subject to section 37 (2) of the Act the parameters to be


assessed in an inventory may include-

(a) species abundance, diversity and condition;

1213
(b) size and or volume;
(c) mortality;
(d) environmental and watershed functions of the forests;
(e) abundance and diversity of non wood forest produce; and
(f) forest produce harvestability.
(3) The parameters in sub regulation (3) may apply to both plants
and animals.

11. Compliance with inventory


(1) Subject to these Regulations, a harvesting operation shall be
conducted in accordance with a harvesting plan developed on the basis
of the results of the inventory of forests.

(2) A responsible body shall not grant a license for harvesting of


forest produce in a forest unless an up-to-date inventory of forests is
available.

(3) A person who grants a licence for harvesting a forest produce in


contravention of sub regulations (1) and (2) commits an offence and is
liable on conviction to a fine not exceeding forty eight currency points
or imprisonment for a term not exceeding two years or both.

12. Gazetting of Honorary Forestry Officers


(1) The Minister shall in the appointing Honorary Forestry Officers
under section 50 (1) of the Act consider—

(a) the integrity of the person;

(b) past criminal record or abuse of office, if any;

(c) whether the person has been adjudged bankrupt, including in


relation to offences under the repealed Forests Act;

(d) professional qualification or actual field experience relating to


forest management and conservation;
1214
(e) interest in forestry matters;

(f) experience with local community participation in forest


management and conservation; or

(2) A third of the Honorary Forestry Officers appointed shall be


women.

13. Oath to be taken by Honorary Forestry Officers


Every Honorary Forestry Officer shall before assuming his or her duties
take an oath before a magistrate in the following form—

“I, A.B., do swear that I will be faithful and bear true allegiance to
the Sovereign State of Uganda, and that I will faithfully serve
the Government of Uganda and observe the laws in my role of
Honorary Forestry Officer in Uganda. So help me God.”

PART III—FORESTRY RESEARCH

14. Interpretation
In this Part unless the context otherwise requires—

“lead agency” means a public agricultural research institute


responsible for forestry research established under section 17
of the National Agricultural Research Organisation Act, 2005.

15. Purpose of Part III


The purpose of this Part is to—

(a) enable the Authority to support research in forestry;

(b) ensure that research commissioned and conducted produces


high quality and appropriate techniques and technologies for
sustainable forest management;

(c) ensure sharing of property rights and ownership over the


results of the research conducted; and
1215
(d) obligate the lead agency on forestry and lead agency on
forestry research to co-ordinate their function and harness
synergies.

16. Obligations and functions of the Authority


(1) The Authority shall in the exercise of its functions under section
54 (1) of the Act—
(a) initiate development of a long term strategic plan for forestry
research in collaboration with the lead agency;
(b) enter into agreement with a lead agency for collaboration on
forestry matters;

(c) hold one bilateral meeting with the lead agency each year to
set national priorities, develop work plans for research and
evaluate research activities to ensure adherence to set
priorities and standards;
(d) consult the lead agency in long term monitoring of permanent
sample plots in forest reserves;

(e) in collaboration with the lead agency, develop a research


agenda for each forest management plan;

(f) in collaboration with the lead agency, develop standards and


guidelines for research in forestry;

(g) prepare an inventory and register of research providers in the


public and private sectors;

(h) mobilise funds for research in forestry;

(i) subject to section 66(2)(f) of the Act, enter into agreements or


similar arrangements with forestry research service providers;

(j) publish and disseminate information concerning forestry


research and development to research end-users;
1216
(k) co-operate with educational institutions and scientific societies
or any institution or person to promote research and
development;

(l) allow the lead agency to establish satellite stations in all forest
management areas;

(m) make grants or provide funds to institutions or individuals to


carry out research in forestry;

(n) in consultation with the lead agency, license agencies or


individuals wishing to conduct research in forest reserves; and

(o) perform any other functions conferred on it by the Act or any


other law for the purposes of promoting forestry research.

(2) Notwithstanding sub regulation (1), other lead agencies may


enter similar arrangements for the purposes of promoting forestry
research.
PART IV—COLLABORATIVE FOREST MANAGEMENT
17. Interpretation
In this Part, unless the context otherwise requires—
“applicant” means an eligible group under this Part;
“district council” means the district council established under
section 3 of the Local Governemnt Act;
“local community” includes households and persons living in a
defined geographical area, in close proximity to a forest, and
identified by common history, common culture or common
residence and may include all the residents of a village which
shares in boundary with a forest;
“managing partner” means any of the eligible groups referred to in
regulation 19 that has applied and obtained management rights
under a collaborative forest management agreement;
1217
“forest user group” means a group comprising members of a local
community registered in accordance with these Regulations or
under any other law in force;

“intending applicant” means any of the eligible groups referred to


in regulation 19 who has initiated an application for
collaborative forest management in accordance with this Part;
“parties” means a forest user group, a responsible body and a local
government that enters into a collaborative forest management
agreement.

18. Purposes of collaborative forest management agreement


A collaborative forest management agreement may be concluded
between a responsible body and an eligible party for the following
purposes—

(a) rehabilitation of a degraded forest reserve;


(b) maintenance of forestry reserve boundaries;
(c) access to forest produce;
(d) joint law enforcement;
(e) sharing of benefits;
(f) financing joint projects; and
(g) any other purpose that is consistent with the objectives of the
Act and the national forestry policy.

19. Eligibility and parties


(1) A collaborative forest management agreement may be
negotiated between—
(a) a local community and the responsible body;
(b) a forest user group or association of forest user groups and a
responsible body; or

(c) any other entity recognised under any law in force.


1218
(2) The eligible groups may not be a legal entity for purposes of
initiating, negotiating and applying for collaborative forest management.

(3) Where a local community or forest user group has common


interests in entering into a collaborative forest management agreement
with a responsible body, the communities or user groups shall apply
jointly.

20. Collaborative forest management agreement


(1) An eligible group may apply to a responsible body to enter into
a collaborative forest management agreement.

(2) Notwithstanding sub regulation (1), the responsible body may


invite an eligible group to initiate a process for the negotiation of a
collaborative forest management agreement.

(3) The invitation to the eligible group under sub regulation (2)
shall be—
(a) in writing;

(b) publicised by displaying a copy of the invitation on a public


notice board of the local council where the forest is located.

21. First meeting


(1) Prior to lodging an application for a collaborative forest
management agreement, a consultative meeting known as the first
meeting shall be convened by the intending eligible applicant and
attended by all other interested parties that are known to the intending
applicant.

(2) The first meeting shall be held in a place and at a time that shall
ensure participation of all interested parties.

(3) The intending eligible applicant shall, where applicable, ensure


full participation of women, the youth and other interest groups in the
first meeting.
1219
(4) The intending eligible applicant shall record the full details of
the proceedings of the first meeting including the names and addresses
of persons attending the meeting.

22. Form of application for a collaborative forest management


agreement
(1) The application for a collaborative forest management
agreement shall be in the form prescribed in Schedule 4 and shall be
accompanied by a record of proceedings of the first meeting.

(2) The application shall be addressed to the responsible body after


endorsement by the sub county council of the area where the forest
applied for is located.

23. Procedure on receipt of application


(1) The responsible body shall in accepting an application for
collaborative forest management agreement—

(a) hold a meeting known as the official meeting between the


responsible body, the applicant and the local community; and

(b) specify any other party that may be interested in participating


in the collaborative forest management negotiations to the
extent that they are known to the responsible body.

(2) The responsible body shall within 30 days after the official
meeting in sub regulation (1) (a) make a decision on whether the
application is accepted or rejected.

(3) The responsible body shall ensure that the decision under sub
regulation (2) is made after verification that the application conforms to
all requirements of regulation 20 and 21.

24. Official meeting


(1) The official meeting under regulation 23 (1) (a) shall not be held
earlier than 30 days and not later than 60 days after the application has
been publicised in accordance with these Regulations.
1220
(2) Unless the parties agree otherwise, the official meeting shall be
chaired by the Chairperson of a district council or his or her authorised
representative.
(3) The parties to the official meeting may appoint a facilitator.
(4) At the official meeting the parties shall agree on the procedure
of the negotiations and any other matters connected to the negotiations.

25. Rejection of application


(1) The responsible body may reject an application for a
collaborative forest management agreement where it is satisfied that the
arrangement is inconsistent with the forest management plan of the
forest to which the application applies.

(2) Where the responsible body rejects an application on the


grounds that the forest applied for does not have a forest management
plan as provided for under the Act and these Regulations, the responsible
body shall in its response specify the time within which the forest
management plan shall be developed.

(3) A decision rejecting an application under this regulation shall—


(a) be communicated to the applicant within 30 days from the date
when the application is rejected; and
(b) include a clear statement of the reasons why the application has
been rejected.

26. Appeal against decision of the responsible body


Where the responsible body rejects an application within the time
specified in regulation 25—

(a) the applicant may lodge a complaint with the Minister;

(b) the Minister shall respond within 60 days from the date of
receipt of such a complaint and the Minister may uphold the
decision of the responsible body or direct that the application
be reconsidered.
1221
27. Registration of a collaborative forest management agreement
(1) A collaborative forest management agreement shall be entered
into in accordance with the collaborative forest management guidelines
issued by the Minister under section 15 of the Act.

(2) The applicant shall for the purposes of the agreement be referred
to as the managing partner.

(3) The agreement shall be in the form prescribed in Schedule 5.

(4) The parties shall on completion of the negotiations in regulation


20 hold a final meeting during which the agreement shall be signed by
the parties or their authorised representatives.

(5) A copy of the forest management plan shall be annexed to the


agreement.

(6) On conclusion of the agreement, a certificate of registration in


the form in Schedule 6, and in case of forest reserves, a license in the
form in Schedule 7 shall be issued to the managing partner by the
responsible body.

(7) A duly registered managing partner shall manage the forest or


part of the forest in accordance with the Act and these Regulations.

(8) The responsible body or the parties to the agreement may


terminate or suspend an agreement where there is a breach of the Act or
these Regulations.

28. Establishment of management committees


(1) The parties to a collaborative forest management agreement
shall establish a management committee.

(2) The committee shall comprise the members specified in the


constitution of the managing partner or in case of joint applications, in
accordance with the agreement between the joint applicants.

1222
29. Duration of agreement
(1) A collaborative forest management agreement—

(a) shall be entered into for an initial period of 5 years; and

(b) may be extended for a further period of up to 20 years where


the parties are in compliance with their obligations under the
collaborative forest management agreement and where there is
no objection by either party.

(2) The parties may upon expiry of a collaborative forest


management agreement renew the agreement for a period and under the
terms specified in the agreement.

(3) Notwithstanding sub regulation (2), the managing partner may


apply to the responsible body for renewal of the collaborative forest
management agreement six months before the expiry of the existing
agreement.

30. Technical assistance


(1) A responsible body shall promote the implementation of
collaborative forest management agreement under these Regulations by,
where applicable—

(a) providing technical advice on development of operational


plans;

(b) facilitating and attending meetings and other associated


processes; and

(c) advising on compliance with these Regulations.

(2) A community or forest user group that applies for collaborative


forest management agreement shall be accorded such assistance,
information or advice as may be necessary or reasonably expected from
the responsible body.

1223
PART V—CONSERVATION AND PROTECTION OF FORESTS

31. Declaration of reserved species


(1) The tree species declared under section 30 (1) and (2) of the Act,
shall constitute the National List of Reserved Tree Species and the list is
specified in Schedule 8.

(2) The Authority or a District Council as the case may be shall


within two years of the coming into force of these Regulations declare
new lists of reserved species.

32. Review of list of reserved species


The list of reserved species declared under regulation 31 shall be
reviewed every five years or such shorter period as the Minister may
determine.

33. Tree protection order


(1) Subject to section 31 of the Act, the owner of private land, a
local community, a lower local government or any other person may
apply in writing to a district council for a tree protection order.

(2) The application for a tree protection order shall state the number
of trees, their location and reasons for declaring them protected trees.

34. Consideration of application


(1) Subject to section 31 of the Act, a District Council shall before
making a declaration under sub regulation (3) give notice of the proposal
to protect a tree and invite and consider comments on the proposed
declaration within a period specified in the notice.

(2) The District Council shall—

(a) publish the notice under this regulation in the Gazette and in at
least two newspapers of wide circulation, and air it on at least
two radio stations broadcasting to the area in which the trees
are located; and

1224
(b) deliver the notice to a responsible body or a person on whose
land the proposed tree or trees to be protected are located or to
the affected communities under section 31(3) (c) of the Act.

(3) The District Council shall, in making a declaration under this


regulation record its decision and the particular trees to be protected.

35. Temporary protection of trees


(1) Where the district forestry officer is of the opinion that a tree or
group of trees which ought to be protected under regulation 33 may be
damaged or destroyed before a declaration under regulation 34 (3)
comes into force he or she may waive the procedure in regulation 34 (2)
and temporarily declare a tree or group of trees protected.

(2) The declaration under sub regulation (1) shall be communicated


to the district council and published in the manner specified in regulation
34 (2).

(3) The district forestry officer may make the declaration without
consulting any person under sub regulation (1).

(4) The temporary protection lapses when—


(a) based on the outcome of the report under section 31 (3) of the
Act, the district council decides that there is no need for
protection;
(b) a declaration is made under section 31 of the Act;
(c) the District Council fails to act under paragraphs (a) or (b)
within 6 months from the day the notice referred to in
regulation 34 (2) (a) is effective.

36. Prohibited acts on protected trees and reserved species


(1) Subject to section 30 (1) and (2) of the Act, a person shall not
cut, disturb, damage, destroy, remove, purchase, sell, donate or in any
other manner acquire or dispose of any of the protected trees or reserved
species without a licence issued by the Minister or District Council.
1225
(2) The Minister or District Council shall on payment of the
prescribed fee issue the licence referred to under sub regulation (1) in the
form prescribed in Schedule 9.

(3) In the case of the urban area in which the tree is located, the
licence referred to under sub regulation (2) shall be granted by the
responsible body on application and recommendation of the sub county
council or division council.

37. Registration of protected trees and reserved species against title


deeds
(1) The Minister or respective district council shall, after declaring
a protected tree or reserved species, notify the Registrar of Titles of the
area in which the protected tree or reserved species is located.

(2) The Registrar of Titles shall on receiving the notification under


sub regulation (1) and where applicable, endorse the particulars of the
declaration on the title deeds.

(3) An endorsement under sub regulation (2) shall constitute an


encumbrance on the land to ensure the protection of the protected tree or
reserved species in case of sale of land.

38. Introduction of alien and exotic species


(1) A person shall not introduce an alien, exotic or genetically
modified tree species into Uganda unless he or she has a license issued
by the Minister or a person designated by the Minister for that purpose.

(2) The guidelines issued under section 42 (b) (v) and section 107
of the National Environment Act shall have effect in relation to the
introduction of alien, exotic or genetically modified species.

(3) A person who contravenes sub regulation (1) commits an


offence and is on conviction liable to a fine not exceeding forty eight
currency points or imprisonment for a term not exceeding two years, or
both.

1226
39. Management of wildlife in forest reserves and other forests
(1) The responsible body, shall where the functions of the
responsible body under the Act or these Regulations involves the
management of wildlife in forest reserves and other forests specified in
the Act—
(a) act in consultation with the Uganda Wildlife Authority or any
other lead agency responsible for wildlife management; and
(b) grant access and available assistance to the person responsible
for management of wildlife in forest reserves and other forests
under this regulation or under the Wildlife Act; or

(c) generally support the performance of the wildlife management


function.

(2) A person carrying out harvesting or a silviculture treatment or


any other activity in a natural forest or a forest classified in section 4 (a),
(b), (c) and (d) of the Act shall carry it out in accordance with the
Uganda Wildlife Act, regulations and guidelines made under that Act
and wildlife management principles.

(3) The Uganda Wildlife Authority shall not be relieved of its duty
as prescribed by law within areas under sub regulation (2).

40. Closing of areas


(1) A responsible body may declare an area closed for the cutting
or removal of forest produce if it considers it necessary—
(a) for the proper planning and administration of the area;

(b) in order that there shall be proper regeneration of any forest


produce;

(c) to safeguard the requirements of a particular market; or

(d) to safeguard the economic, social or climatic value of any


forest.
1227
(2) Where an area is closed under sub regulation (1), a person shall
not cut or remove forest produce in the area or, if the declaration has
been made only in respect of certain forest produce, cut or remove the
produce.

(3) The declaration under sub regulation (1) shall be advertised by


publishing a notice in the Gazette and in at least two newspapers of wide
circulation and airing it on at least two radio stations broadcasting in the
area.

(4) The notice in sub regulation (3) shall be posted on the notice
board of the District Council affected by the closure.

41. Prohibition of possession of inflammable materials


(1) A person shall not possess or bring into a forest classified under
section 4 of the Act any articles or materials of inflammable or
combustible nature unless the materials are necessary for lawful
activities in the forest.

(2) The prohibition under sub regulation (1) shall not apply to a
person lawfully residing in a forest.

(3) A person shall not light a fire which may spread damage or
destroy a forest or part of the forest.

(4) A person who contravenes this regulation commits an offence


and is liable on conviction to pay compensate an equivalent of the area
damaged or imprisonment not exceeding fourteen years or both.

42. Functions of districts in management of forest fire


(1) A District Council shall, subject to section 32 (1) of the Local
Governments Act be responsible for management of forest fires in the
district.

(2) The District Council shall appoint a district forest fire


management committee for management of forest fires comprising—

1228
(a) the Chief Administrative Officer who shall be the
Chairperson;
(b) the District Environment Officer;
(c) the District Agricultural Officer;
(d) the District Veterinary Officer;
(e) the District Forestry Officer who shall be the Secretary;
(f) the wildlife Conservation Area Manager, where applicable;
(g) the Forest Management Area Manager of the Authority;
(h) the Senior Assistant Secretary of an area prone to fire;
(i) the Honorary Forestry Officer if any, in the district;
(j) the District Police Commander;
(k) the District Director of Health Services;
(l) one representative of relevant civil society groups; and
(m) one representative of relevant private sector groups.
(3) The Committee shall report to the sectoral committee
responsible for forestry in the District Council.

43. Functions of the district forest fire management committee


(1) The functions of the committee shall include—

(a) putting mechanisms in place to prevent and fight forest fires;

(b) mobilising the people to fight a forest fire;

(c) developing and implementing fire drill exercises and


sensitisation;

(d) compilation of a list of potential fire fighters; and

(e) budgeting for prevention and fighting of forest fires.

1229
(2) The committee shall in each year calculate forest fire indices
and by notice declare a state of danger on the basis of the index in
respect of an area within its jurisdiction and where there is a likelihood
of a forest fire.

(3) The notice under sub regulation (2) shall—

(a) specify the area affected;

(b) state the effective date of the notice;

(c) prohibit the burning of vegetation within the whole or any part
of the area for a specified period;
(d) specify any person exempted from the operation of the notice;
and

(e) be posted in a conspicuous place within the vicinity of the


office of the District Council or a lower council, whichever is
the nearest, in the area in which the state of danger is declared.

(4) A person shall not enter an area under sub regulation (3) (a)
while in possession of live ammunition.

(5) Notwithstanding the generality of sub regulation (1), a


responsible body or lead agency shall not be released in the performance
of its duty as prescribed by law within areas declared under the Act and
the Uganda Wildlife Act.

44. Forest fire management by lower councils


(1) A District Council shall subject to section 35 and 39 of the
Local Governments Act, support the lower councils in fire prone areas
by making byelaws for fire management.

(2) The byelaws under sub regulation (1) shall include provision for
the formation of a forest fire management committee by a lower local
government and obligate each council to develop a forest fire
management plan and budget.
1230
45. Meetings of the district fire management committee
The district fire management committee shall hold a planning meeting,
one month before the commencement of the burning of grass season.

46. Control of entry in and damage to forest reserves


(1) An authorised person may place a notice in a conspicuous place
of a forestry reserve prohibiting persons from entering or the bringing of
vehicles, machines, chemicals or objects of a class specified in the notice
into the forest reserve or part of the forest reserve.

(2) A prohibition under sub regulation (1) may be for an indefinite


period or for the period specified in the notice.

(3) A person who, without the prior written permission of the


responsible body—

(a) enters a forest reserve;

(b) drives a vehicle into a forestry reserve;

(c) operates a machine into a forestry reserve; or

(d) having entered a forestry reserve, remains in, drives a vehicle


in, or drives or uses a machine in the area,

in contravention of a notice displayed in accordance with this regulation


commits an offence and is on conviction liable to a fine not exceeding
forty eight currency points or to a term of imprisonment not exceeding
two years, or both.

(4) The responsible body may erect or cause to be erected suitable


enclosures, gates or ramps as it considers necessary for the purpose of
preventing or restricting the entry of persons into a forest reserve.

47. Damaging of forests


A person who—

1231
(a) causes damage to, interferes with or destroys vegetation;

(b) obstructs, damages or interferes with a way or a drainage


structure associated with a way;

(c) damages, obstructs or interferes with a drainage feature such


as a watercourse or a drainage line;
(d) erects a fence or other obstruction;
(e) causes damage to, defaces, interferes with, destroys or
removes a standard, sign, notice, barrier or device erected by
the responsible body; or

(f) causes damage to or destroys a building, enclosure, dam or


other structure, or plant or equipment, of the responsible body
or its leasee or licensee,
in a forest reserve commits an offence and is on conviction liable to a
fine not exceeding fifty currency points.

48. Authorised person to require person to leave forest reserve or


stop an act
(1) An authorised person may require a person to leave a forest area
if—
(a) logging operations or other forest activities are in progress;

(b) there is a bushfire;

(c) in the opinion of the authorised person, conditions of high fire


danger exist;

(d) the authorised person is undertaking deliberate or controlled


burning of any kind;

(e) very wet or windy conditions exist;

(f) a way has been damaged; or


1232
(g) a way needs maintenance or protection as a result of adverse
weather;
(h) the authorised person believes that—

(i) the activities in paragraph (a) or conditions constitute a


danger or potential danger to the safety of persons or
property;

(ii) there is likely to be conflict with other users of the area


by other persons;

(iii) there is a risk of a significant adverse impact on the area;


or

(iv) the person is involved or about to be involved in


prohibited activities.

(2) A person shall, on being requested by an authorised person,


leave the area or stop the act as specified by the authorised officer.

(3) Sub regulation (1) applies to a person irrespective of any


provisions of a licence that the person holds in relation to the forest
reserve in question.

49. Removal of persons from forest reserves


(1) A person who fails to comply with a request under regulation 48
commits an offence and is on conviction liable to a fine not exceeding
twenty currency points and in the case of a continuing offence to an
additional fine not exceeding two currency points in respect of each day,
or part of it, the offence continues.

(2) An authorised person may remove from a forest reserve a


person who enters or remains or is committing unlawful acts in the forest
reserve in contravention of the Act or these Regulations.

(3) The removal of a person under sub regulation (2) does not
prevent the person from being prosecuted.
1233
50. Notification of plant and livestock pests and diseases
(1)A person who is authorised by a responsible body to graze,
cultivate or lawfully reside in a forest reserve shall as soon as practicable
report to the nearest authorised person a diseased plant or animal that
comes to his or her knowledge—
(a) within the forest reserve;
(b) within close proximity of the forest reserve; or
(c) one that is intended to be introduced in the forest reserve.

(2)The authorised person to whom a report is made under sub


regulation (1) shall as soon as possible investigate the report and take
appropriate action including the recommendation for research on the
disease detected.

51. Pest control in timber.


(1) In this regulation—

“timber susceptible to beetle borers” includes the timber of all


species other than that listed in Schedule 10 and the sapwood
of all species.

(2) The operator of a preservation plant shall ensure that all timber
susceptible to beetle borers are immediately after having been sawn at
any mill dipped or otherwise treated with preservative solution of a type
and concentration approved by the Minister so that all surfaces of the
timber are thoroughly wetted by the dipping or treatment.

(3) The operator of a preservation plant shall apply to the Minister


for registration of the preservation plant.

(4) An application under sub regulation (3) shall contain—


(a) name and address of applicant;
(b) ingredients and minimum concentration of the preservative to
be used;
1234
(c) efficacy of the treatment;

(d) methods to be applied; and

(e) methods of determining concentration.

(5) The Minister may reject an application or revoke or suspend an


approval if he or she is satisfied that the preservative treatment does not
afford the protection for which it is intended or that the conditions
imposed in respect of the approval are not observed.

(6) The owner of a saw mill or a dealer’s yard shall ensure that
slabs, offcuts and other saw mill waste and all timber infested with live
boring insects is burned or removed from the saw mill or dealer’s yard.

(7) The owner of a sawmill or a dealer’s yard shall ensure that all
sawn timber in the sawmill or dealer’s yard is stacked in an orderly
fashion over a well-drained site on supports that rises the lowest part of
the stacks at least 35 centimeters above ground.

52. Timber seasoning.


The owner of any timber offered for sale or intended for manufacture of
an article for sale as “air dried” or “dry” timber or which has been
stacked for air drying shall keep records which shall show the number of
the stack, the date on which the stacking was completed and the numbers
of the tiers or layers in the stack and species.

53. Restriction of potential risks.


(1) A person shall not take a diseased plant or animal into an area
classified under section 4 of the Act.

(2) The person shall provide all information relating to an


occurrence of a forest disease or a diseased animal or outbreak among
his or her animals.

(3) An authorised person may examine a potential carrier to


determine whether or not it is infected.
1235
(4) The authorised person may direct a person in charge of an
infected carrier or potential carrier entering into an area classified under
section 4 of the Act to deliver the carrier to a quarantine station specified
by the authorised person so that the carrier is disinfected or cleansed.
(5) A person who contravenes this regulation commits an offence
and is on conviction liable to a fine not exceeding fifteen currency points
or imprisonment for a term not exceeding two years or both and in the
case of a continuing offence, an additional fine not exceeding two
currency points in respect of each day or part of the day on which the
offence continues.

54. Identity of person in charge of potential carrier.


(1) The owner of a potential carrier shall, if required by an
authorised person, inform the authorised person of the identity and
address of the person in charge of the potential carrier.
(2) The owner of a potential carrier who, within 14 days of being
required to provide the information under sub regulation (1) fails to
comply with this regulation commits an offence and is on conviction be
liable to a fine not exceeding forty eight currency points or to a term of
imprisonment not exceeding two years, or both.

55. Power of authorised person to detain, control or remove


carrier.
(1) An authorised person may detain, control the further movement
of, or remove, a potential carrier that is in a risk area or disease area if—
(a) the potential carrier has been taken into, used, operated or
moved in the area in contravention of these Regulations or a
condition specified in a written authorisation;
(b) the person in charge of the potential carrier has refused or failed to
comply with a direction given by an authorised person under these
Regulations in relation to the potential carrier; or
(c) the authorised person considers that in the circumstances there
will be a greater risk of the spread of infection if that potential
carrier is not so detained, controlled or removed.
1236
(2) An authorised person may remove from a risk area a person he
or she reasonably suspects has contravened these Regulations or a
condition specified in a written authorisation.

56. Driver of potential carrier to comply with request to stop.


A person who drives or moves a potential carrier shall—

(a) stop the potential carrier when requested to do so by an


authorised person;

(b) comply with a sign post erected for purposes of protecting the
forest or preventing the spread of infection or disease; or

(c) not avoid or break through any barricade erected for the
purposes of generally protecting the forest.

57. Person not to obstruct or hinder authorised person.


(1) A person shall—

(a) not hinder or obstruct an authorised person from performing a


function conferred or imposed under these Regulations; or

(b) comply with a direction given by an authorised person under


these Regulations.

(2) A person who contravenes this regulation commits an offence


and is on conviction liable to a fine not exceeding ten currency points
or to imprisonment for a term not exceeding two years or both.

58. Quarantine.
(1) A responsible body shall, in consultation with the lead agency,
arrange for the establishment and maintenance of quarantine stations or
areas for the treatment of infected earth, soil, timber or trees or areas for
the cleansing and disinfecting of infected carriers or potential carriers
entering in an area classified under section 4 of the Act or a risk area or
in or leaving a disease area.

1237
(2) An authorised person shall determine the period for which an
infected carrier, potential carrier or infected earth, soil or other forest
produce is treated or kept in quarantine for the purpose of this regulation.

(3) A person directed under sub regulation (1) shall carry out the
cleansing and disinfecting at a time and place and in the manner directed
by the authorised person and to the satisfaction of the authorised person.

(4) A person who contravenes this regulation commits an offence


and is on conviction liable to a fine not exceeding ten currency points
and in the case of a continuing offence, to an additional fine not
exceeding two currency points in respect of each day or part of day on
which the offence continues

59. Marking livestock.


(1) Subject to section 92 (2) (n) of the Act, livestock shall not be
licenced or permitted to graze in a forest reserve or community forest
unless it is branded in accordance with the Branding of Stock Act.

(2) Subject to section 88 (3), (4), (5), and (6) of the Act, an
authorised person may seize and detain a livestock entering illegally in
a forest reserve.

(3) The owner of the seized livestock shall be charged a


maintenance fee of one currency point for each animal in respect of each
day or part of a day on which the livestock remains unclaimed.

(4) For avoidance of any doubt, if the livestock remains unclaimed


for a period of seven days, the authorised person may, subject to section
88(4) of the Act, sell the seized livestock in a manner he or she considers
fit.

PART VI—PRIVATE FORESTS

60. Interpretation.
In this Part unless the context otherwise requires—

1238
“owner” means the registered owner or the person to whom the
registered owner has transferred control of the private forest in
question, whether by way of assignment, delegation, contract
or otherwise; and

“private forests” means a natural forest or a plantation forest or area


dedicated to forestry, registered under section 21 or 22 of the
Act.

61. Purpose of Part VI.


(1) The purpose of this Part is to—

(a) provide for incentives for a private forest owner;

(b) define the rights and obligations of the owner of a private


forest;

(c) provide for rational and effective management and use of


private forests; and

(d) promote private forest development.

(2) The Minister may by notice in the gazette publish a list of


incentives including—

(a) equitable sharing of intellectual property rights, genetic


resources or their derivatives;

(b) the right to grant a lease over the forest, as distinct from the
land, for commercial purposes;

(c) access to carbon credit and any other available funds and
affirmative schemes in accordance with the established
guidelines and procedures; and

(d) subject to section 22 (3) of the Act, access to forestry advisory


services, technical support and guidance.
1239
62. Ownership of private forests.
Subject to the Land Act, a person may own a private forest in accordance
with section 22 of the Act.

63. Registration of private forests.


(1) Subject to sections 3 and 5 of the Land Act and sections 21 (1)
and 22 (1) of the Act, the owner of land on which a natural forest or
plantation forest is situated or an owner of a forest plantation situated in
a forest reserve under license issued under the Act may register the forest
with the District Land Board as a private forest.

(2) The owner of a private forest shall apply to the District Land
Board in the form prescribed in Schedule 11 to register a private forest.

(3) The applicant referred to in sub regulation (2) shall pay a non-
refundable fee of two currency points on lodging the application.

(4) Where the owner of a forest under sub regulation (2) does not
initiate the registration, the District Forestry Officer may advise him or
her to register the forest.

(5) The District land Board shall maintain a register of private


forests in the District.

64. Consideration of application for registration.


(1) The District Land Board shall, within 20 working days from the
date of receipt of the application, forward the application for registration
of a private forest to the District Forestry Officer for consideration.

(2) The District Forestry Officer shall, on receiving the application


under sub regulation (1), assess the suitability of the forest proposed for
registration and submit a report to the District Land Board and the land
owner within a period of 60 working days.

65. Contents of the assessment report.


(1) An assessment report under regulation 64(2) shall be prepared
in accordance with information prescribed in the form in Schedule 11.
1240
(2) The report of the District Forestry Officer shall be binding on
the District Land Board and the owner of the private forest.

66. Approval of a private forest.


(1) The District Forestry Officer shall, after carrying out the
assessment referred to under regulation 64(2) and after being satisfied
with the nature of the application and the state of the forest and other
criteria, forward his or her approval on the application form as
prescribed in Schedule 11.
(2) The District Forestry Officer may reject an application under
sub regulation (1) where the applicant has not fulfilled the conditions of
approval or the provisions of these Regulations.

67. Certificate of registration of private forest.


The District Land Board shall, on receipt of the approved application,
declare and register the forest as a private forest by issuing a certificate
of registration in the form prescribed in Schedule 12.
68. Duration of registration.
Registration of a private forest under sections 21, 22, 23 and 24 of the
Act shall be valid for the rotation period of the species and shall be
renewable on application in writing to the District Land Board by the
owner for a further rotation.
69. Effect of registration of a private forest.
(1) The District Land Board shall register the private forest against
the title deed or licence by clearly stating the name of the forest and
creating an encumbrance on the certificate of title of the owner of the
land.
(2) Notwithstanding sub regulation (1), the District Land Board
shall register the private forest against the land purchase agreement by
clearly stating the name of the forest and creating an encumbrance by
way of issuance of notices in the Gazette.
(3) A certificate of registration of the private forest under regulation
67 shall be conclusive evidence of the ownership of the forest mentioned
in the deed or the relevant document showing proof of ownership.
1241
(4) The owner of a private forest under these Regulations may
acquire registerable interests such as mortgage, lease, easement and third
party rights in respect of the forest he or she owns.

(5) The rules prescribed in Schedule 13 shall apply to forest valuation


for the purposes of assessing the value of registered private forests.

(6) The variables for determining the value in sub regulation (4)
may include age, species, condition of the forest, markets and
biodiversity.

70. Protection of third party.


(1) Notwithstanding regulation 69 (3), the owner of a registered
private forest shall not mortgage or in any other way transfer his or her
interest in the registered area except with the permission of the District
Land Board on the advice of the District Forestry Officer.

(2) Where a registered forest has been mortgaged or transferred, the


mortgagee or transferee shall hold the registered land subject to the
terms, conditions and encumbrances to which the private forest was
held.

(3) An area registered under regulation 63 shall not be deregistered


or in any way altered except with the written permission of the District
Land Board and on the advice of the District Forestry Officer.

71. Management of private forests.


(1) A person shall not manage a registered private forest unless he
or she has a management plan prepared in accordance with the Act.

(2) Notwithstanding sub regulation (1) the Minister may order the
owner of a private natural forest to take urgent steps required to prevent
the deforestation or further deforestation or to rehabilitate a private
forest threatened with deforestation or destruction.
(3) The owner of a registered private forest shall not carry out any
activity contrary to the District Forestry Development Plan and the
specific forest management plan in the registered forest.
1242
(4) A management plan for a private forest shall be submitted to the
District Council for approval and integration into the District Forestry
Development Plan.

72. Obligations of private forest owners.


The owner of a private forest shall—
(a) protect the forest against pests and diseases, illegal cuttings
and other activities that cause damage to forest;
(b) carry out fire-prevention work as well as inform the District
Fire Management Committee about forest fires;
(c) prepare a forest management plan in accordance with section
28 (2) of the Act and these Regulations;
(d) prepare a felling plan before proceeding with timber
extraction;
(e) re-plant fellings or burnt areas and afforest areas using
certified planting stock in accordance with regulation 114;
(f) manage the forest using technologies that minimise adverse
effects on the environment, soil productivity and biological
diversity;
(g) carry out timely tending of forest plantations and young
stands;
(h) ensure maintenance of boundary signs and boundary lines; and
(i) present to the District Forestry Officer an annual report on the
state of the forest.

73. Rights of private forest owners.


The owner of a private forest shall have the right to—
(a) buy, sell, transfer, exchange, lease, mortgage a forest or enter
into an agreement in accordance with these Regulations;
(b) sell or otherwise collect stumpage from other forest users and
dispose the forest belonging to him or her;
1243
(c) request from the Authority or the District Forestry Officer
support to prepare a management plan; and
(d) access available incentives in his or her own right or in
association with other persons.

74. Forests owned and managed by traditional or cultural leaders.


(1) Subject to article 246 of the Constitution, a traditional or
cultural institution or leader may hold, own or manage a private forest.
(2) A traditional or cultural institution or leader desiring to manage
a private forest shall do so in accordance with the Act and these
Regulations.
(3) A traditional or cultural institution or leader shall enjoy the
same rights and obligations as those enjoyed by the owner of a private
forest under the Act and these Regulations.

PART VII—COMMUNITY FORESTS

75. Purpose of Part VII.


The purpose of this Part is to—
(a) provide for the establishment and management of community
forests;
(b) provide for revenue from the management of community
forest;
(c) outline the elements for establishing and managing
community forests;
(d) identify parties for establishing and managing community
forests;
(e) promote greater knowledge at local level of the benefits and
services of forest ecosystems;
(f) advise the local community on the benefits of registering and
operating an association and having a registerable interest in a
community forest; and
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(g) provide for the management of a natural forest on communal
land or a fragile ecosystem.

76. Communal land association.


(1) A responsible body for a community forest shall consist of a
registered communal land association recognised under the Land Act or
any other civil society organisation registered under the
Nongovernmental Organisations Registration Act.

(2) Subject to sub regulation (1), a communal land association or a


managing committee incorporated under section 18 of the Land Act may
acquire communal, customary land or any other tenure in which a
natural or plantation forest is situated for the purpose of managing the
forest as a community forest.

77. Rules for community forests.


(1) The Minister shall issue a statutory order or declaration in
accordance with section 17 of the Act for the management of community
forests.
(2) Notwithstanding sub regulation (1) the rules may include—
(a) the procedure for monitoring and evaluating of community
forest management performance;
(b) rights and benefits over forest resources;

(c) obligations of the sub county in which the forest is situated;


and

(d) procedure for transfer and revoking of ownership of a


community forest.

78. Forest management plans for community forests.


(1) Subject to section 28 and 48 (3) (f) of the Act, the responsible
body for a community forest shall in consultation with the District
Forestry Officer, prepare a forest management plan for the community
forest declared under the Act.
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(2) A forest management plan for a community forest shall be
submitted to the District Council for approval and integration into the
District Forestry Development Plan.
PART VIII—TREE PLANTING, GROWING AND MANAGEMENT

79. Ownership of planted trees.


(1) A land owner under section 3 of the Land Act may plant trees.
(2) The land owner shall own the trees he or she has planted and
may sell and transfer the trees to a buyer.
(3) For purposes of this regulation, “owner of trees” means a person
who has planted, bought the trees or inherited land with trees under the
Land Act or any other law in force.

80. Consent to uproot or cut tree.


(1) Subject to these Regulations, a person shall not uproot, burn,
debark, cut down or in any way disturb a tree unless the owner of the tree
has consented to uprooting or cutting of the tree.
(2) Notwithstanding sub regulation (1), the owner of the tree may
demand the payment at values determined in accordance with rules
made under regulation 69 (4) and (5).

81. Tree-planting order.


(1) A District Council may issue a tree planting order requiring a
person or group of persons to plant trees in an area specified in the order.
(2) The District Council shall require the person, in accordance
with the order issued under sub regulation (1) and in accordance with the
general practice of good forestry, to-
(a) plant a specified number of trees of a specified species or such
numbers of trees of various specified species as the District
Forestry Officer shall determine; and
(b) tend trees planted in compliance with the order in a manner
that will effectively protect the trees from being injured or
destroyed.
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(3) A person who plants a tree shall ensure the correct spacing and
tending to ensure the survival of the trees.
(4) A person who contravenes this regulation commits an offence
and is on conviction liable to a fine not exceeding one currency point for
each day in respect of which such contravention is committed or to
imprisonment for two months or both.

82. Tree tending programme.


(1) Every sub county shall maintain a record of all trees planted and
the tending programme.
(2) A tending programme in sub regulation (1) shall include
protection from fire, weeding, trampling and uprooting and replacement
schedules.

83. Duty to replant.


The owner of the land or occupier or owner of trees has a duty, where a
tree which is planted dies or is lawfully harvested, to plant another tree
of an appropriate species at the same place and within a reasonable
period.

84. Tree nursery.


(1) Every sub county council shall have and maintain a tree nursery.
(2) A tree nursery may contain seedlings of multi-purpose,
ornamental or timber tree seedlings.
(3) A tree nursery shall be located and established in consultation
with the District Forestry Officer and using certified planting material.
(4) A sub county council shall provide free tree seedlings to persons
who wish to plant trees on tree planting days declared by the Minister.

85. Identification of areas for tree planting.


A District Council shall, in consultation with the local community, in
each year, identify areas requiring tree planting, afforestation or
reforestation and take measures to ensure that trees in those areas are
planted and tended.
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PART IX—REVENUE COLLECTION AND LICENSING

86. Principles for sale of forest produce and services.


(1) A responsible body shall develop principles for the sale of forest
produce and services.
(2) The responsible body shall ensure that it takes into
consideration the following principles referred to in sub regulation (1)—
(a) there is transparency and accountability in the transaction
process;
(b) transaction costs are minimal;
(c) there are no direct or indirect subsidies;
(d) market-orientated pricing systems are applied;
(e) market forces can operate freely;
(f) costs of management and or planting are built in the price;
(g) distribution of forest benefits is fair and equitable; and
(h) sustainable use of forest resources is facilitated.

87. Revenue to responsible body.


(1) The Authority shall collect stumpage, royalty and fees on forest
produce and rent from land and property in central forest reserves.
(2) A District Local Government shall—

(a) collect stumpage, royalty, fees and rent on forest produce from
local forest reserves;

(b) register and collect registration fees from operators in the


forests in the District;
(c) collect transportation fees for firewood and charcoal from all
operators in the district;
(d) make byelaws for registration and transportation of forest
produce referred to in paragraphs (b) and (c) and fees to be
charged.
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(3) A legally constituted community institution shall collect
stumpage, royalty and rent on forest produce from community forests.

(4) A responsible body shall for every transaction, issue a receipt


bearing a printed name of the responsible body and forest produce sold.

88. Value added tax liability.


A responsible body shall pay value added tax on any forest produce in
accordance with the Value Added Tax Act, Cap 349.

89. Application for license to operate in a forest.


(1) Subject to sections 14 and 41 of the Act, a person may apply to
the responsible body for a license for—
(a) grazing of animals;
(b) construction of residence;
(c) cultivation;
(d) collection of firewood and non-wood forest products;
(e) prospecting, erection of transmission or communication
superstructures;
(f) tourism;
(g) collaborative forest management arrangement;
(h) plantation establishment;
(i) forest produce harvesting;
(j) forest produce buying; or
(k) entry for a purpose specified in the application.
(2) An application for a license shall specify, where applicable—
(a) in case of an individual, the applicant’s full name, address and
nationality;
(b) in the case of a body corporate, the applicant’s name, address
of its registered or principal office and place of incorporation,
the nature of its business, the name, addresses and nationality
of each director;
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(c) the area in respect of which it is made, as identified by a map
or plan;

(d) in case of a corporate body, the applicant’s financial status,


including capital available for proposed operations, technical
competence and the applicant’s experience, including record
on forest operations;

(e) the type of forest investment which the applicant proposes to


make, including—
(i) identification of the forest activity and the scale of
operations;
(ii) scale and location of proposed primary, secondary and
tertiary processing activities;
(iii) proposal for infrastructure works;
(iv) proposals for the prevention of environmental degradation,
rehabilitation of disturbed forest and for safeguarding other
natural resources within the license area; and
(v) marketing proposals for the sale of the forest produce;
(f) the date by which the applicant proposes to commence
operations and the period for which the license is sought;

(g) the programme of work for which the license is sought;

(h) the applicant’s recruitment, staff management and training


policies and specific proposals with respect to the employment
and training of Ugandans especially those in the areas
adjacent to the license area; and

(i) the goods and services required for the forest operations which
can be obtained from within the District or in Uganda and the
applicant’s proposals in relation to utilising those goods and
services.
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(3) For the avoidance of doubt, sub regulation (2) shall not apply to
applicants of a collaborative forest management arrangement under Part
IV.

90. Licences.
(1) A responsible body may, upon being satisfied that the applicant
meets the requirements in regulation 89(2), issue a licence in the form
prescribed in Schedule 7, permitting any of activities referred to
regulation 89(1).

(2) Notwithstanding sub regulation (1), a responsible body shall in


case of saw log harvesting or buying and plantation establishment in a
forest reserve, issue a licence in the form prescribed in Schedule 14.

(3) The licence under sub regulations (1) and (2) shall contain such
terms and conditions as the responsible body may specify.

(4) A person shall not install a machine or begin an activity unless


he or she has a licence issued under sub regulation (1) or (2).

(5) The Minister shall, in each year, prescribe to the District


Council the allowable volume of forest produce to be harvested.

(6) The allowable volume in sub regulation (5) shall be at a level


that maintains the sustainable productivity of the forests.

(7) A responsible body shall not, subject to regulation 7, grant a


license in a forest reserve unless—

(a) an environmental impact assessment under the National


Environment Act has been conducted and approved by the
National Enviromental Management Authority;

(b) the boundary of the license area has been demarcated on the
ground and reproduced on a diagram or map by the
responsible body;

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(c) where possible, provision is made for local community
participation and benefit sharing;

(d) the applicant has satisfied the responsible body that he or she
has or intends to recruit appropriately qualified personnel; and

(e) the applicant has demonstrated understanding of the respective


forest management plan and has indicated how the activities
proposed to be licensed will help in achieving the objectives of
the management plan.

(8) A responsible body shall maintain a register of the name and


addresses of the licensees and any legal or equitable interests in or
affecting the license.

(9) An urban authority shall designate and gazette specific areas


within its boundaries for timber seasoning and sale of forest produce.

(10) The district forestry officer shall issue annual licenses to


transporters of forest produce in the form prescribed in Schedule 15.

91. Issue of licenses by public tender or auction.


(1) A responsible body may issue a license—

(a) by public tender, on payment of such fees as may be


determined by the responsible body after the tenders have
been received;

(b) by public auction;

(c) free of charge to a person exempted from the payment of fees


or if the responsible body is satisfied that the disposal of any
forest produce without charge would be of advantage to
Government or local people.

(2) The issue of licences by public tender shall be subject to the


following conditions—
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(a) the responsible body shall advertise the sale in a newspaper of
wide circulation that is likely to draw the matter to the
attention of all interested persons;
(b) the responsible body need not accept the highest or any tender;

(c) if the responsible body is not satisfied with the tenders offered,
it may call for other tenders, or otherwise dispose of the
produce in accordance with the provisions of the Act and these
Regulations.

(3) The issue of licences by public auction shall be subject to the


following conditions—

(a) the responsible body shall advertise the sale in a newspaper of


wide circulation that is likely to draw the matter to the
attention of all interested persons who shall abide by the
conditions set out in the advertisement;

(b) the responsible body may fix a reserve price;


(c) the sale may be conditional on the purchaser paying on the day
of the sale the bid amount in full or on the payment of a
deposit except that where the payment is not made, the
auctioneer shall put the produce up for auction again, or the
responsible body may order the produce to be sold as
otherwise provided in the Act and these Regulations; and

(d) the sale shall be in accordance with the Auctioneers Act.

92. Minimum girth.


(1) A person shall not harvest saw logs except in accordance with
the minimum girth set out in Schedule 16.

(2) For the avoidance of doubt other products other than sawlogs,
minimum girth as a requirement for harvesting shall not apply, however
the Minister may determine the girth required as appropriate on a case
by case basis.

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93. Identification.
(1) A license issued under these Regulations shall bear a passport
size photograph of the holder embossed with the seal of the responsible
body.
(2) A licensee shall carry a copy of the license with him or her
whenever he or she is engaged in any activity authorised by the license.
(3) A person who fails to produce such a license on request by an
authorised person commits an offence.
(4) A person who uses the licence of another person commits an
offence
(5) A person who contravenes sub regulations (3) and (4) is on
conviction liable to a fine not exceeding forty eight currency points or to
a term of imprisonment for a term not exceeding two years or both.

94. Licensee to pay compensation.


A licensee shall pay compensation to owners of the property that is
damaged by the licensee in the exercise of any rights conferred by the
license.

95. Validity of license.


A licence shall be valid only for the period specified on the license and
for the specified volume and species.

96. Suspension, cancellation and termination of a license.


(1) A responsible body may suspend or cancel a license if the
holder contravenes or fails to comply with any condition in the licence
or is convicted of an offence under the Act.
(2) Upon the expiration or termination of a licence, except in the
case of a tree planting licence in a forest reserve-
(a) the holder of the licence shall not be entitled to any
compensation for any improvements made by him or her to
any land to which the license relates or for any trees planted
by him on the land; and
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(b) all fixtures on the land shall become the property of the
responsible body.
(3) Notwithstanding sub regulation (2), a licence for planting trees
in a forest reserve under the Act will continue to operate as if the license
was issued under the Act and these Regulations, to the extent that the
operations are consistent with the requirements of the Act and these
Regulations.
97. Sale of forest produce.
Subject to regulation 92, a responsible body may sell standing volume in
case of saw logs and in situ quantities of other forest produce or by the
roadside.
98. Extra charges.
An authorised person may levy extra charges for collateral damage to
forest produce, handling of the forest produce or for supervising the
work.

99. Security of fulfilment of obligations.


(1) A person to whom any forest produce has been sold or to whom
the use or occupation of any land, saw mill or building has been granted
under the Act or these Regulations, may be requested to provide a cash
deposit, bank guarantee, surety bond or other form of security approved
by the responsible body as security for the due fulfilment by the person
of all his or her obligations in respect of the produce, land, saw mill or
building.
(2) Notwithstanding sub regulation (1), the provision of the deposit,
guarantee, bond or other security shall not release any person from his
or her liability in excess of the value of the deposit, guarantee, bond or
other security for loss sustained by the Government through the non-
fulfilment of that person’s obligations or as a result of damage for which
that person is liable.
PART X—TRADE IN FOREST PRODUCTS
100. Interpretation.
In this Part unless the context otherwise requires—
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“delegated authority” means the person to whom a function relating
to genetic resources management is delegated under section
7(2) of the National Environment Act.

101. Access and trade in forest genetic resources.


Notwithstanding sections 29 (3) and 92 (2) (e) of the Act, guidelines
made under sections 45 and regulations made under section 107 of the
National Environment Act with respect to access and trade in forest
genetic resource shall have effect as if made under the Act.

102. Timber grading for export.


(1) The Minister or his or her designated representative shall issue
a certificate of grading in the form prescribed in Schedule 17.

(2) A person shall not export any timber, unless the timber is—

(a) certified as to grade by a certificate of grading issued under


this regulation;

(b) marked with an official seal on one end or face of the timber
by a grader with the appropriate grade mark issued by the
Minister and with the registered number of the grader who
graded the timber; and

(c) marked with a distinctive shipping mark either by stencil or


other suitable medium on the same end as is the grade mark
prescribed sub regulation (2) (b).

(3) Timber shall not be graded unless it is shipping “dry” or “drier”


or where green timber is specified by the buyer in which case the timber
shall be graded as specified grade.

(4) The Minister shall, in collaboration with the lead agency,


appoint timber graders.

(5) The lead agency shall for purposes of sub regulation (4) be the
Uganda National Bureau of Standards.
1256
(6) For the avoidance of doubt, standards under the Timber Export
Act are applicable.

(7) Any person who contravenes sub regulation (3) commits an


offence and is on conviction liable to a fine not exceeding forty eight
currency points or to a term of imprisonment not exceeding two years or
to both.

103. Trade names for tree species.


The timber set out in the first column of Schedule 18 shall, where that
timber is intended for trade, be referred to only by the name set out in
the second column or the third column of that Schedule.

104. Conveyance of forest produce.


(1) A person shall not move forest produce from the site on which
it has been felled or collected unless the produce has been, where
practicable, marked with an official mark by the responsible body.

(2) A responsible body shall on marking the produce under this


regulation issue a forest produce declaration form prescribed in
Schedule 19.

(3) A mark under this regulation shall contain a code specifying the
Global Positioning System point, village, sub county or forest reserve
from which the timber has been felled.

(4) A responsible body shall not issue a forest produce declaration


form for one man chainsawn timber.

(5) A person who intends to move forest produce under sub


regulation (1) shall do so only with the written consent of the responsible
body.

(6) The form in sub regulation (4) shall—

(a) be conclusive evidence that the produce has been legally


acquired from a sustainably managed forest and shall not be
issued when there is tax or other liability; and
1257
(b) specify the sizes or weights of the produce, the estimate of fees
to be paid, origin of produce, and in case of timber the number
of pieces and the species.

(7) Forest produce shall not be moved beyond 6pm daily.

(8) In the case of timber or logs being moved out of a district, the
District Forestry Officer shall on receiving the form issued under sub
regulation (4) mark the produce with a second mark known as a district
seal and shall issue a Forest Produce Movement Permit in the form
prescribed in Schedule 20.

(9) Notwithstanding sub regulation (8), all timber shall be issued


with a forest produce movement permit regardless of whether it is from
a central forest reserve , local forest reserve or from privately owned
forest. .

(10) The district seal shall bear an identification of the district from
which the produce was felled or removed.

(11) The forest produce movement permit under sub regulation (8)
shall not be issued unless the owner of the produce has valid evidence to
show that he or she has no tax or other liability at the material time.

(12) In the case of imported produce, the District Forestry Officer


shall at the point of entry mark imported produce with an import mark.

(13) The District Forestry officer shall, in marking the produce


under sub regulation (12), ascertain the source and conduct a physical
check of the produce for record purposes and possession of the relevant
importation documents.

(14) Any person who transports, stores or possesses forest produce


contrary to this regulation commits an offence and is on conviction liable
to a fine not exceeding forty eight currency points and the forest produce
shall be liable to confiscation and forfeiture.

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(15) The owner of forest produce confiscated under sub regulation
(14) shall sign and keep a copy of the illegal forest produce declaration
form prescribed in Schedule 21.

(16) A person who refuses to sign the illegal forest produce


declaration form in sub regulation (15) commits an offence and is on
conviction liable to a fine not exceeding forty eight currency points or to
imprisonment for a term not exceeding two years or both.

PART XI—TRADE IN CARBO SEQUESTRATION CREDITS

105. Interpretation.
In this Part, unless the context otherwise requires-

“buyer” means the person who enters into an agreement or similar


arrangement with the seller for the purchase of carbon
sequestered under the agreement or similar arrangement;

“certifier” means the person whom the Minister may register as a


“certifier” under this Part;

“seller’’ means the person who has entered into an agreement or


arrangement with the buyer for the purchase of carbon and—

(a) in the case of forest reserve, “seller” means the Authority;

(b) in the case of the local forest reserve “seller” means the
District Council; and

(c) in the case of private forests “seller” mean the owner of


the land or the legal entity under which the group
associate;

“verifier” means the person whom the Minister or the certifier


nominates as the approved verifier for the purposes of the
agreement or similar arrangement.

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106. Purpose of Part XI.
(1) The purpose of Part XI is to—

(a) provide for the buying and selling of carbon in an open and
transparent manner in support of sustainable forest
management and poverty reduction;
(b) outline the elements and key players of carbon sequestration
that the Minister shall designate and regulate;

(c) provide for the buyer, seller and the verification process for the
purposes of these Regulations;

(d) increase the sequestration of carbon from forests;

(e) carry out reforestation and forest management giving priority to


socio-economic benefits at national, district and local levels;

(f) promote greater knowledge at all levels of the management of


forest ecosystems, and local level of the management of forest
ecosystems; and

(g) add value to forest resources in Uganda.

(2) Subject to articles 111(2), 113(3) and 117 of the Constitution,


the Minister shall approve all agreements or similar arrangements
entered into under this Part in respect to trade in carbon before
implementation.

107. Buyer and seller.


(1) A buyer may enter into an agreement or arrangement with a
seller for the afforestation or reforestation and maintenance of forest for
purposes of carbon sequestration.

(2) The forest under sub regulation (1) may be maintained under
terms and conditions to be agreed on by the seller and buyer for a period
of not less than 15 years.
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(3) Notwithstanding sub regulation (2), a responsible body shall
ensure that these Regulations are observed in determining the trees to be
planted under sub regulation (1).
(4) In selecting the area for afforestation or reforestation under sub
regulation (1), the seller and buyer shall give—

(a) priority to afforestation of degraded areas; or


(b) high consideration to terms, which clearly favour the
participation and the projected benefits and involvement of the
local communities adjacent to the forest reserve.

108. Obligations of the responsible body.


(1) The responsible body shall ensure that—
(a) the boundary of the land for afforestation or reforestation for
purposes of carbon sequestration are clearly defined;
(b) a management plan is developed for the area involved;
(c) the programme is managed in an open, transparent and
responsive manner;
(d) the ownership of property rights to carbon services from the
trees and land shall be clearly defined in the agreement
between the person and the owner of the land;

(e) at the relevant time, provision is made for updated legislation


that establishes a framework for carbon credits, carbon
accounting or emissions trading;

(f) suitable mechanisms are established for the development of


technical specifications and monitoring systems;

(g) subject to availability of funding, an up-to-date database of the


forests area under the programme and the rates of carbon
sequestration is maintained and research commissioned to
establish the viability of the programme;
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(h) the local community provides alternative land for a carbon
buffer stock to be developed in case the afforestation or
reforestation fails; and
(i) any adverse impact likely to arise as a result of the programme
is explained to the community likely to be negatively
impacted.
(2) The responsible body shall ensure that the fees payable for the
boundary markings are paid before the afforestation or reforestation
programme commences.
109. Appointment of national adviser and certifier.
(1) The office responsible for matters relating to climate change
shall be the national advisory and monitoring body that ensures the
proper implementation of this Part.
(2) The Minister may appoint a certifier or may enter into a contract
with an independent person or body to perform the functions of a
certifier where such functions are required under this Part.
(3) A verifier shall report to the certifier appointed under sub
regulation (2).
(4) The certifier shall issue a certificate on the approval of the
report of the verifier.

110. Obligations of the advisory body.


The Climate Change Unit in the Ministry of Water and Enviroment
shall—
(a) in the performance of its duties, consult individuals, a
government institution and non-governmental organisations
whose area of expertise is carbon sequestration practices;
(b) develop and propose to the Minister criteria for determining
the acceptability of, and evaluating practices by the owners of
land that will increase the sequestration of carbon for the
purposes of determining the acceptability of agreement or
arrangement proposals made by the land owners;
1262
(c) develop and propose to the Minister estimates of the rates of
carbon sequestration for various plants, agricultural
commodities, and agricultural practices for the purposes of
determining the acceptability of agreement or similar
arrangements proposals made by the land owner;

(d) advise the Minister on the maximum sequestration benefits


under the criteria developed under regulation (5) (3) (b) that
would benefit each land owner involved;

(e) enter into forests and verify that the land owner is
implementing practices that sequester carbon in accordance
with the agreement or similar arrangement;

(f) respect the confidentiality of the information provided by the


person or owner of land;

(g) ensure that a national register of carbon service providers is


maintained;

(h) prepare an annual report to the Minister that shall include


information regarding—

(i) carbon sink enhancement made;


(ii) carbon sink practices; and
(iii) compliance with agreements or similar arrangements
entered into;
(i) proposals for capacity building on the formation and
management of farmer groups and mechanisms for transfer of
skills between the different groups;

(j) recommendations and conduct of outreach programmmes to


collect and disseminate to the land owners research based
information on agricultural practices that will enhance the
sequestration of carbon;
1263
(k) proposals for attracting private investment for carbon
purchases.

111. Criteria for evaluation of carbon sequestered.


The criteria under regulation 110(b) shall consider—

(a) forest preservation;

(b) refforestation and afforestation;

(c) biodiversity enhancement;

(d) the use of acreage to produce carbon;

(e) soil and water conservation management;

(f) wetland restoration;

(g) no-till farming practices;

(h) conservation buffers; and

(i) any other conservation practices that the Minister determines


to be appropriate for increasing carbon sequestration.

PART XII—CERTIFICATION

112. Purpose of Part XII.


The purposes of this Part is to ensure—

(a) provision of market incentives for sustainable forest


management;

(b) credible verification of sustainable forest management


practices; and

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(c) separate certified and non-certified forests products at all stages.

113. Certification and control of tree seeds and other germplasm.


(1) The certification and control of tree seeds and other germplasm
as provided for in the Agricultural Seeds and Plant Act and regulations
made under that Act shall have effect as if made under the Act and these
Regulations.

(2) Notwithstanding sub regulation (1), the National Tree Seed


Centre and the certified private tree nusery operators shall be responsible
for the collection, drying, cleaning, grading, treating, storing and
distribution of tree seeds and germplasm.

(3) Public Private Partnerships in production, provision of planting


materials shall be promoted by the Minister under strict standards.

114. Forest certification and labelling of forest produce.


(1) The Minister shall set up a certification and labelling
programme.

(2) The Minister shall in consultation with the lead agencies


prescribe standards for—

(a) assessing market opportunities;

(b) assessing feasibility of applying recognised principles;

(c) sustainable forest management under certification;

(d) accreditation of certifiers to conduct independent audit of


forest operations; and

(e) feasibility of legal log tracking schemes prior to setting up a


certification and labelling programme.
1265
(3) The Minister may, in consultation with the lead agency, register
forest certification schemes for purposes of certifying forests and forest
products.

(4) The Minister shall, prior to carrying out the registration in sub
regulation (3), publish principles, criteria and indicators in accordance
with regulation 5.

(5) Certification in sub regulation (2) and the chain of custody shall
be voluntary and shall apply marks of the schemes in sub regulation (3).

(6) Any person who uses certification marks under sub regulation
(5) without the written consent of the certifier commits an offence and is
on conviction liable to a fine not exceeding forty eight currency points
or to a term of imprisonment not exceeding two years or both.

PART XIII—RECREATION IN FORESTS

115. Community participation.


(1) The responsible body shall enlist the participation and
contribution of the local communities in close proximity to the
recreation area—

(a) in making management decision;

(b) in the preparation of the plan for their respective area; and

(c) in fair and equitable sharing of benefits.

(2) In the performance of its function, the responsible body shall


encourage conservation at the local community level through education
and extension work for a better understanding of the importance of
forests.

1266
PART XIV—MISCELLANEOUS PROVISIONS

116. Amendment of Schedules.


(1) The Minister may by, Statutory Instrument, with the approval of
Cabinet, amend Schedule 1.

(2) The Minister may by statutory instrument amend Schedules 2 to


21 of these Regulations.

1267
SCHEDULE 1
Regulation 2

CURRENCY POINT

One currency point is equivalent to twenty thousand Uganda shillings.

1268
SCHEDULE 2
Regulation 8(2)
SUMMARY RULES OR GUIDING NOTES TO THE PROCESS OF
DEVELOPING THE DISTRICT FORESTRY DEVELOPMENT PLAN
Step No. Step
Key elements
1 Introduction To be preceded by an opening ceremony and a separate
mini timetable is essential
2 Situation 1) SA report shall be presented by the District Planner,
Analysis with support from the DFO.
(SA) 2) A background to the district is essential as a source of
information for development of the SFMP.
3) The SA shall be done in advance of the workshop by
the DFO, in collaboration with sector heads, NGOs and
other specialised central government (GOU) agencies
in the district.
4) Expired FMPs, if any, NEMA’s District Profiles and
District State of Environment Reports, the Forest
Nature Conservation Master Plan and District
Development Plans shall be consulted.
5) A field trip shall be conducted to collect data

3&4 Forest 1) These shall be picked from the SA and elaborated after
Category the field trip.
2) Please take note of trees in farming systems as such
categories shall be according to legal ownership and
biological status.
3) For each category, list current and future uses.
5&6 Problems, 1) This is a list of broad problems, issues, threats and
Issues, trends for each forest category since they are the
Threats and starting point and help generation of focused and
Trends relevant visions.
2) The task starts with brainstorming on the major
problems, issues or threats (4-6 in number) and the
corresponding trends that have highest probability of
occurring over the next 10 years; for instance a
problem could be “illegal pit sawing”, an issue “tree
ownership” while the trend could be “increasing
unemployment”.

1269
3) Trends shall tend to predict the environment for the plan
period and a worksheet be developed for use as
indicated in the detailed guidelines.
4) Please note that only major trends should be
considered.
5) Trends can be negative or positive
7 Responsi- 1) It is important to name that person or groups of persons
bility for the responsible for triggering or driving the negative
Negative situation.
Change 2) Please note that this shall apportion blame and is,
therefore, quite sensitive. accordingly, handle it
carefully.
3) This exercise helps to elicit self-examination and
transparency and shifts the debate from self-pity to one
of acceptance of responsibility.
4) Conscious facilitation shall be necessary here to be able
to get details and the truth.
5) This exercise sets a stage for separating and clarifying
roles of various actors, illuminates linkages and is a
useful step in identifying rational or realistic actions.
6) Please note that this is not a discussion of technical
causes
8 Descriptors 1) These are the elements of the situation that the group
expects to see after 10 years.
2) An individual shall imagine himself or herself in the
next 10 years, by describing what he or she sees as a
result of the trends already discussed.
3) The exercise answers the question; “if nothing is done
and these trends actually happen the way they
predicate, what shall be the descriptors of the situation
that shall result in the next ten years?
4) A list of “district descriptors” is a rationalised list
across forest types
9 &10 Visions 1) The facilitator shall initially probe the persons in
attendance to give their understanding of what a
“vision” is and then proceed to define the term using an
agreed example.
2) In developing the vision, it is prudent to pay attention
to the concerns or interests of different categories of
people within each group and help them to reach a
consensus.

1270
3) At this level, visions shall heavily lean towards
concepts and services since FMPs are the more down-
to-earth and shall concentrate on bio-physical elements
at the field unit management level.
4) Each group shall formulate the visions ensuring that
they have direct reference to what the vision wants and
for which person it relates to. The vision shall be set at
10 years.
5) The vision shall be a shared one, precise, specific,
realistic, and practical, have concrete achievements and
respect existing laws and regulations, guidelines,
programs and national policies.
6) The facilitator shall seek advice from technical
persons, which groups shall be formed through
mechanical counting and, shall also consist of a group
for every forest category or land use.
7) A vision shall be formulated for every forest category
and shall answer the question: “in view of the
descriptors, how do we envisage a particular forest
type to be in the next ten years?
8) It is necessary to recall the definition of a vision at this
stage, and most important by starting from a list of
descriptors

11 Future 1) Formulation of these changes shall begin by re-writing


Changes the corresponding descriptors positively.
(Strategic 2) The outcomes are reviewed to cross-check that they
targets or shall yield the vision for the forest category or land use.
objectives) 3) Future changes are a complete list of discrete aspects of
the visions and constitute objectives of the plan,
however any specific issues unique to one FR but
requiring District attention in order to realize the vision
may also be included, but through negotiation.
12, 13, Realising the 1) This is a step-by-step logical analysis of what strategy
14, 15 Vision and action is efficient to be undertaken in order to
&16 realise the vision, and what it shall take to fully realise
the vision and who the main actors.
2) This involves matching actions with resources or
service demands, partners and service providers and
helps to determine reciprocal responsibility and
rationalised resource allocation.

1271
3) It is necessary that the District has responsibilities to
lower (Parish and Sub-county) and higher levels
(GOU) and is itself a source of opportunities

The Plan The 1) The report may include the following elements-
facilitators
a) preparation process and approach;
shall write
the DFDP b) district background;c) policies, laws and plans in
forestry;
d) environmental and Ecological aspects of forestry;
e) socio-economic aspects of forests, on going
activities and partners; and
f) analysis of forest related issues such as
governance and financing, Strategic direction and
priority actions, general means of implementing
the plan and Monitoring and Evaluation

1272
SCHEDULE 3
Regulation 9(2)
NATIONAL/DISTRICT* REGISTER OF FORESTS (*Delete whichever is
inapplicable)
A: STATUS OF THE FOREST
1. Name (if any) 4. Boundary Plan Number (if any)

2. Map Sheet Reference 5. Area (hectares)

3. Sub-county 6. District

7. Legal Status CENTRAL (B) LOCAL (C) PRIVATE (D)


FOREST FOREST FOREST COMMUNITY
RESERVES RESERVE FOREST

B: STATUS OF MANAGEMENT
8. Type of Vegetation Cover Tropical High Forest Woodland
Savannah Plantation

9. Approved Forest Management Yes No Expired


Plan Exists

10. Major Management Objectives Conservation Production (specify)


Plantation Tourism Other (specify)

11. Legal agreements Long Term Licences (No.) Communal


Land Association (No.) Collaborative
Forest Management License (No.)
12. Number of persons licensed to
plant trees (if any)
13. Total area involved in 12

14. Area under plantation in 13

15. Any unique features or


information (specify)

1273
SCHEDULE 4

Regulation 22(1)

APPLICATION FORM FOR A COLLABORATIVE FOREST


MANAGEMENT

1. Name of Applicant ……………………………………………………

2. Number of members of the Applicant…………………………………

3. Registration details (if any) ……………………………………………

4. Name of sub-county……………………………………………………

5. Name of District……………………………………………………….

6. Forest has a Management Plan or not…………………………………

7. Why applicant should be given priority………………………………..

8. Name of the forest being applied for…………………………………

9. Historical use of the forest known to the applicant……………………

10. Applicant’s objectives…………………………………………………

Members of the Forest Management Committee and their designation.

[Chairperson, Secretary, Treasurer and 4 Members]

_________________________ ___________________
Chairperson Secretary

Annex: List of Members

1274
SCHEDULE 5

Regulation 27(3)

COLLABORATIVE FOREST MANAGEMENT AGREEMENT

This Agreement is made pursuant to Section 15 of the National Forestry and


Tree Planting Act, 2003 and the Forestry and Tree Planting regulations of 2003,
between ………………… [insert responsible body] and ………………………
[insert Managing Partner] this ………… day of…………, 200-.

1. Description of the Parties:

(a) [insert name and nearest address of responsible body]

(b) [insert name and address of Managing Partner], whose membership


is drawn from the community/user group in ……… [LCI, Village]
and its address for the purpose of this Agreement is [insert address]
………………………………………………………….

(c) [Other user groups if applicable]

2. The Forest

This Agreement is for the management of ……………………… Forest [insert


name of forest or number of compartment(s) or both where applicable] situated
in ………………… Village, ………………… Parish ……………… Sub-
county in ………………… District and the limits of which are as follows:

[insert or attach sketch of the map of forest or affected part]

It is agreed that the community shall use the forest for the following purposes
and objectives:

(a) ………………………………………………

(b) Others ………………………… [objectives as may from time to


time be agreed upon and annexed to this Agreement].

1275
3. Duration
(a) This Agreement is valid for ……………………… years.
(b) The Parties agree that the Forest Management Plan is an integral
part of this Agreement and is subject to revision at least once every
five years.
(c) The procedure for the revision of the Forest Management Plan shall
be as set out in the Forestry Guidelines.

4. Obligations of the Managing Partner

(a) The community undertakes to adhere to the prescriptions of the


Forest Management Plan in implementing the various activities laid
out in this agreement.
(b) Some or all of the activities mentioned in the Forest Management
Plan may be undertaken on behalf of the community by a third party
under a separate contract.
(c) Without prejudice to the generality of the foregoing, the following
shall be the roles of the Managing Partner.

5. Obligations of the Responsible Body

The following shall be the roles of the National Forest Authority/ ……… Local
Government-
…………………………………………………………………………………

6. Monitoring and Reporting


The Managing Partner shall prepare and submit to the annual reports of its
activities and operations as set out in this Agreement plus any other ad hoc
reports the Responsible Body may in its supervisory capacity require the
Managing Partner to prepare.

7. Rights and Benefits


(i) For the entire duration of this Agreement, the community shall be
entitled to the rights and benefits set out in the Forest Management
Plan. The said benefits may be modified from time to time during
the process of reviewing the Forest Management Plan.
1276
(ii) The parties recognize the interests of the following entities which
interests shall be exercised in accordance with the Forest
Management Plan-

(a) ………………………………………………………...………

(b) …………………………… [Also describe nature of interest]

8. Breaches

Subject to the forest regulations, Breaches of this Agreement shall be dealt with
as follows:

i. All breaches perpetrated by an individual or individuals who are not


members of the community to which the said forest has been
attributed, shall be dealt with according to the National Forestry and
Tree Planting Act and regulations.

ii. In cases where the community as a whole colludes in serious


breaches of the Act and regulations, shall entail annulment of this
Agreement to be communicated in writing.

iii. The annulment of the agreement shall not affect the customary
rights of the population in the said forest.

9. Declaration

(i) The contracting parties solemnly declare that they are aware of the
prescriptions of the Forest Management Plan terms and contents of
this agreement and accept without reservation all the provisions.

(ii) This agreement shall take effect from the date of signature and shall
last for its duration unless annulled in accordance with the forestry
regulations.

Done at .......................................... this …… day of ……………… 200...

Signed by
_____________________________ ___________________
[Responsible Body] [Managing Partner]
1277
SCHEDULE 6

Regulation 27(6)

CERTIFICATE OF REGISTRATION FOR A COLLABORATIVE


FOREST MANAGEMENT AGREEMENT

IT IS HEREBY CERTIFIED that ………………………………………… this


………………day of ………………… has been duly registered as the
Managing Partner, pursuant to and in accordance with the provisions of the
National Forestry and Tree Planting Act, 2003 and regulations thereof.

GIVEN under my hand at ………………this ……… day of …………… 20…

……………………………………………………………
(insert name of representative and Responsible Body)

1278
SCHEDULE 7

Regulation 27(6)

LICENSE TO RESIDE AND OPERATE IN A FOREST RESERVE

Not Transferable
No. ……………………………
Date ……………………………….
Station …………………………….

Subject to the Forestry and Tree Planting Act and the regulations made
thereunder and to the terms and conditions stated in this Form and any
additional conditions, ……………………………………………. of
……………………………………… is authorised
to…………………..…………………………………………………… in
………………… in Block/Compartment/Sector of
…………………………….. Forest Reserve during the period
………………………. to …………….. to the extent stated below:-

Area which may be resided upon or cultivated/planted with trees……….… hectares

Number of livestock which may be grazed:

……………….. cattle
……………….. sheep
………………. Goats
………………..others (specify)

Brand No ………….

………………………….. Issuing Officer


…………………………. Designation

Distribution: Original to License Holder. Uganda Revenue Authority;


Triplicate to remain in the book.

1279
A. CONDITIONS APPLICABLE TO ALL FORM “H” LICENSES

1. The license holder shall take all necessary precautions to prevent damage to
other forest produce arising out of his operations under this permit and shall
be responsible for the acts of his servants, employees or agents.

2. The license holder and his servants and employees shall at all times assist
forest officers in the prevention and extinction of fires in or threatening the
area the subject of this permit, and in the prevention and detection of forest
offences.

3. In the event of a breach of the National Forestry and Tree Planting Act or
any regulations thereunder or any term or condition of this license, the
license may be cancelled without prejudice to any proceedings which may
be taken.

4. The license holder shall, on the expiry, surrender it to the issuing officer.

1280
SCHEDULE 8
Regulation 31(1)
RESERVED SPECIES
Botanical Name Common or Trade Names Vernacular names
Melicia excelsa Mvule, Muvule, Iroko Muvule, Mutumba, Mbali,
Vundi, Mbala, Olwaa
Dalbergia melanoxylon African Blackwood, Ebony Poyi, Mufunjo, Motangu,
Khaya – all species African Mahogany Munyama, Tido, Mario, Eri,
Entandrophragma – Mahogany, Gedu, Nohor, Kirai, Kirumbo
all species Mukusu, Sapele, Muyovu Muyovu, Mukusu, Mufumbi,
Gumurumba, Omuyove
Fagara – all species East African Satinwood Muyenye (Ganda);
Ntalyerungu (Runyoro);
Mulemankobe (Kiga);
Mutalembwa (Rutoro);
Kitutube (Kuamba);
Nyakabonde (Rukonjo);
Shukuma (Lugisu) Sagawat
(Sabinyi)

Lovoa – all species Uganda Walnut Nkoba, Mukusu


Olea welwitschii Elgon Olive Musuga (Ganda); Musoko,
Musodo (Rutoro);
Pekeriaondet (Sabiny);
Gibengeyi (Lugisu);
Omusoko (Nkore);
Omugando (Kiga)

Afzelia Africana Afzelia, Beyo Beyo (Luo); Meli (Madi)


Nongo, Mulongo (Ganda,
Runyoro, Lugwe and Ssoga);
Omusebeya (Nkore);
Murongo (Rutoro); Bulera
(Kuamba); Ajua (Lugbara);
Adzimeli (Madi); Owak
(Luo);

Cordia millenii Cordia Mukebu (Ganda); Mutumba


(Rutoro); Ketumba
(Kuamba); Mujugangoma
(Runyoro)

1281
Ficalhoa laurifolia - Mwumaga, Omugumaga
(Kiga)
Juniperus procera Cedar, African Pencil Cedar Tolakyo
Maesopsis eminii Musizi Muhongera (Runyoro);
Musizi (Ganda), Omusidi
(Lusesse); Muguruka (Kiga)
Morus lactea Uganda Mulberry Mukoge (Ganda);
Nyakatoma (Runyoro);
Lufullo (Lusamia)
Newtonia buchanani Muchenche Mpewere (Ganda)

Ocotea usambarensis East African Camphorwood Omwiha (Kiga)


Olea hochstetteri East African Olive, Masgat (Sabinyi)
Musharagi

Piptadeniastrum africanum Abgoin Mpwere (Ganda) Mugeye


(Runyoro)
Podocarpus – all species Podo Musenene (Ganda); Saptet,
Sitet (Sabiny); Obwipe
(Rukonjo); Omufu,
Omubulire (Kiga); Kiringi
(Kuamba); Akikische (Luo);
Musagali, Gumuhalamwa
(Lugisu)
Pygeum africanum Red Stinkwood, Mueri Ntasesa (Ganda); Omugote
(Nkore); Omumba,
Omukumbo (Kiga); Ngoti
(Rutoro and Rukonjo);
Gulumati, Chiramat,
Gunwirumari, Chirumandi,
Namwini (Lugisu); Oromoti
(Sabinyi)
Symphonia globulifera Symphonia Muyanja (Ganda), Musisi
(Kiga)
Aningeria altissima Osan Mutoke (Rutoro)

Aningeria adolfifriederici Mwiruni Sosi (Rukonjo); Mwiruni


(Lugisu); Lulyo (Sabiny)

1282
Canarium schweinfurthii Canarium, Incense Tree Muwafu, Omuwafu (Ganda);
Buhura (Kuamba); Mubani
(Runyoro and Rutoro);
Omusanki (Runyoro);
Mubafu (Lusoga)
Erythrophleum guineense Sasswood Ordeal Tree Mumara (Runyoro); Odiodi
(Luo); Earamor (Ateso)
Mildbraediodendron excelsum Muyati Nabulere (Ganda);
Muyati (Runyoro); Bombo
(Kuamba)
Brachylaena hutchinsii Muhugu, Muhuhu -
Faurea saligna Faurea Mukuka (Rukonjo);
Omulenjere (Rukiga);
Morororia (Lugisu);
Moyokwo, Maiyokwo
(Sebei)

Albizzia spp Red Nongo Mugavu


Olea welwitschii Elgon Olive -
Hallea rubrostipulata Abura Nzingu(Ganda);
Omuziko(Nkore and Kiga);
Muzingu, Mutoro,
Mutororo(Rutoro);
Munyamaizi(Kuamba);
Muho(Runyoro); Obul(Luo);
Oo(Madi)
Ficus spp
Vittaleria paradoxa Shea nut tree Lulu(Arabic); Kamiro,
Komere, Komoro(Lugbara);
Komure(Kakwa);
Awa(Madi); Yaa, Yao(Luo
A); Imuru(Luo L);
Ekunguru(Ateso);
Kinakongole(Lugwere)
Mangifera indica Mango Muyembe(Ganda); Emwebe(
Ateso)

Osyris spp Sandalwood Elilioi( Ateso)


Warbugia Ugandensis Kenya Green Heart
Prunus africana

1283
SCHEDULE 9
Regulation 36(2)

LICENCE TO TAKE RESERVED SPECIES/PROTECTED TREES

No. ………………………

Station ……………………

Date ……………………..

Subject to the conditions of the Act, these Regulations and to the terms and conditions
stated in this Form …………………………….. of …………… is authorised to cut,
take and remove the undermentioned reserved species/protected trees from
………………………….(Block/Compartment/Village/Street/Ward) in ……….. Sub-
county/Division……………..District within the period ………………………………
to …………………………………

Forest Produce Allowed

DESCRIPTION MINIMUM
VOLUME/QUA
OF THE GIRTH RATE PER M3 FEES (SHS.)
NTITY
TREES ALLOWED

Additional charges
TOTAL CHARGES

Received the sum of Shillings …………………………………………… (Shs.………)

………………………… Issuing Officer

…………………………… Designation

Receipt No………

1284
SCHEDULE 10

Regulation 51(1)

TIMBER WHICH IS NOT SUSCEPTIBLE TO BEETLE BORERS

Afzelia Africana Beyo, African Mahogany


Albizia coriaria Mugavu
Brachylaena hutchinsii Muhugu
Cordia abyssinica Muringa
Cordyla richardii Kalindi
Cynometra alexandri Muhimbi
Erythrophleum guineense Mumara
Fagara angolensis Munyenye
Fagara sp. Nr. F. angolensis Mulemankobe
Fagara macrophylla E.A. Satinwood
Juniperus procera E.A. Pencil Cedar
Lovoa brownie Nkoba
Lovoa swynnertonii Nabialagala
Manikara cuneifolia Nkunya
Markhamia platycalyx Nsambya
Melicia excels Muvule
Mildbraediodendron excelsum Muyati
Morus lacteal Mecodze
Ocotea usambarensis E.A. Camphorwood
Olea chrysophylla Brown Olive
Piptandenia Africana Mpewere
Piptandenia buchananii Mpewere
Pygeum africanum Ntasesa
Olea welwitschii Elgon Olive
Syzygium guineense Syzygium
Warburgia ugandensis Kenya Greenheart, Mwiha

1285
SCHEDULE 11
Regulation 63(2), 65(1) and 66(1)
APPLICATION TO REGISTER A PRIVATE FOREST
Part I: To be filled by Applicant
1. Full Names of Applicant…………………………………………………...
2. Address …………………….……………………………………………
3. Location
(i) Village/Zone …………….…………………………………………….
(ii) Parish …………………………………………………………..………
(iii) Sub-county/Town …….………………………………………..……...
(iv) County/Division ………………………………………………………
(v) District .………………………………………………………………...

4. Name of Forest (if any) ……………………………………………………


5. Approximate area of the forest (ha) ………………………….……………
6. Names of owners of adjacent land …………………………………………
7. State any interest, lease, right, occupation, charge or other encumbrances
affecting the land whether by customary or otherwise, together with the
name and description of every person entitled to the benefit.….…………
………….………………….………………………………………………
8. *If the land is registered give details of registration:

(i) FRV/LRV ………………………………………………………………


(ii) Folio ……………………………………………….…………………..
(iii) Block ……………………………………………..…………………..
(iv) Plot ………………………………………………..…………………..
9. Consent of the registered owner of the land/customary owner
I/We …………………………………………………………(name and
particulars) being the registered owner(s) of the land on which
………………………………..forest (name of forest) is located
consent/do not consent* that the forest be registered.

Give reasons for not consenting .………………….……………………….


10. Management objectives ……………………………………………………

1286
11. Signed and dated
(i) ………………….………………….………………….…………
* Attach a copy of certificate of registration
**Delete where applicable
Part II: Comments by the Land Committee

12. Remarks of the Parish/Urban/Division Land Committee (delete where not


applicable)
………………………….……………………………………………….....
Part III: Comments and Approval/Rejection by the District Forest
Officer

13. Summary Remarks and Recommendations of the District Forestry Officer


(a detailed separate report must be attached) on the suitability of the forest
for registration in terms of:
(i) Ascertainment of 3-11 above;
(ii) Status of wildlife, protected trees and reserved species;
(iii) Status of habitat;
(iv) Key issues for the management plan;
(v) Immediate measures to enhance conservation;
(vi) Immediate measures to restore environment.

Part III: Decision of the District Land Board


(i) The application is approved/rejected/deferred
(ii) The application is approved upon the following terms and conditions
(iii) The application is not approved due to the following reasons:
………………………….………………………………………………..
………………………….……………………………………….…………
……………………………………..………………………………………

Minute number ……………………………………………..…………………

Name and signature ………………………………………………………..…


Chairperson,
Land Committee

Date ………………………………………20………
1287
SCHEDULE 12
Regulation 67

CERTIFICATE OF REGISTRATION OF A PRIVATE FOREST

FOREST IS REGISTERED UNDER:


Name of Forest …………………………………..……………………………..
Size of the Forest …………………………………..………………….hactares
Brief Description of the Forest …………………………………………………
FRV/LRV ………………………………………………………………………

PART I: LOCATION

Folio ……………………………………………….
Block ……………………………………………..
Plot ………………………………………………..
DISTRICT COUNTY/MUNICIPALITY SUB-COUNTY/DIVISION PARISH/WARD VILLAGE/ZONE

PART II: OWNERSHIP

Date, time and instrument number Name and contact address of forest owner Signature of the
Recorder
Transfers

PART III: CLAIMS/ENCUMBRANCES

Date, time and instrument number Particulars Signature of the


Recorder

1288
SCHEDULE 13
Regulation 69(4)

SUMMARY RULES FOR FOREST VALUATION

No. Steps Key elements/criteria Remarks


1 Identifying forest 1) Consultations on different 1) Information on
economic benefits goods and services. range of forest
2) Use of " Total Economic goods and services
Value(TEV) approaches generated;
including- 2) TEV ensures no
(a) direct uses; benefit is omitted
(b) indirect uses;
(c) option values; and
(d) existence values.
2 Choosing which 1) The need to cover a 1) Criteria may result
economic goods to representative range of in goods and
value uses, areas and human services as follows-
populations. (a) forest production
2) The socio-economic of timber;
importance of different (b) forest production
forest goods and services. of poles;
3) The likelihood of (c) forest production
obtaining sufficient of firewood;
quality data to enable (d) production of
wild foods and
values to be calculated;
medicines;
4) It is also necessary to (e) habitat support
choose the forest areas in to biodiversity;
which sampling studies (f) maintenance of
may be carried out; the hydrological
5) For each of the chosen cycle;
goods and services, at (g) recreation and
least one study site should aesthetic value;
be selected to provide (h) prevention of
adequate representation of soil erosion;
both variations in the (i) amelioration of
weather and
nature of the forests, and
c l i m a t e
the use characteristics and particularly
social economic through carbon
conditions. sequestration;
and

1289
6) Estimates of key costs (j) option and
associated with existence value
maintaining forests should
be made such as
opportunity costs
associated with
maintaining land under
forests rather than crops,
damage costs associated
with vermin attacks
3 Computing the 1) Identify species and 1) Total values
physical quantities determine bole heights, total computed by
of goods and heights and crown length projection to the
services for and dbh per unit area. whole forest area.
plantations 2) Compute timber volume. 2) Total value
3) Compute running meter computed based on
for pole size trees market values of
different species for
different products
ranges- poles, sawn
timber
4 Choosing valuation 1) Techniques vary for 1) A wide of
techniques goods and services. techniques is
2) Goods valued using available.
market values and value 2) Usually valuation
of close substitutes. of services
3) Services valued using constrained by
contingent valuation lack of data.
methodology and
benefits transfer
techniques, Travel cost
methodology,
replacement costs or
preventive expenditure
and market value of
carbon credits
5 Select indicators of Forest values may be 1) Indicator selection
economic value expressed as income, profit dependent on
or returns availability and
accuracy of data.

1290
2) Usually gross
values used to
avoid error and
subjectivity.
6 Specifying data 1) List exact data 1) Important to
needs requirements- determine how data
(a) Which information will be obtained.
needed to obtain 2) Take into account
indicators of seasonal or other
economic value;
(b) Translating the variations in the
above information amounts of forest
needs into a goods harvested,
detailed list of data. produced or sold,
2) A range of computation in prices and other
methods exist such as- factors
(a) to compute the gross
value, use Units
harvested/used/pro
duced/sold x price
per unit;
(b) to compute
subsistence
consumption value
use Gross value-
gross cash income
OR Units used at
home x price per
unit

1291
SCHEDULE 14
Regulation 90(2)
License Issued by the responsible bodies
THE NATIONAL FORESTRY AND TREE PLANTING ACT, 2003
(Act 8, Section 41 –43 Laws of Uganda)

LICENCE TO CUT/ TAKE FOREST PRODUCE FROM A


CENTRAL/LOCAL FOREST RESERVE, COMMUNITY AND PRIVATE
FOREST (Not Transferable)
License No. ………………. Date …………………….. District /Institution ……………………………....

Subject to the conditions of the National Forestry and Tree Planting Act, 2003 and any Regulations made
there under and to the terms and conditions stated herein
.
M/s ……………….…………………………………. of ………………..…. Tel ……………………………
is hereby authorized to cut and take / remove the under mentioned forest produce from Central Forest
Reserve / Local Forest Reserve;
Management Area/LFR:........................... CFR: ………… Cpt: …………Cpe: …..…… Block/plot ……..
Community / Private Forest; District: ………. Subcounty ………. Parish …………… village ….………..
(Name/s)…………………Tel ……… For a period of ……… (Year(s) / Months) from ……… to ………..
Forest Produce Allowed
Sector/ Plantation / GPS Positions Description AAC* / Species Minimum Rate Amount
LFR/Community/ of trees/forest of produce Volume diam at Payable
Private forest offered (m3) DBH**

Registration % value

VAT

Total

Amount in words (Uganda Shillings) …………………………………………………………………………………………


Amount Received (UGX) ………………………………… Receipt No. …………………….………………………
ISSUING AUTHORITY:
Institution Responsible Officer Name Date Signature

NFA Executive Director, NFA

LG Chief Administrator Officer

APPROVED BY:
Commissioner, Forestry Sector Support Department
(Names)…………………................... (Signature + Official stamp)……………………
Additional Special Conditions and agreement between buyer and seller are attached
Copies: Original to Licensee; Commissioner FSSD; Range Manager, Plantation Manager, Chief Administrative
Officer, Owner of forest, Finance Department of NFA&LG.

1292
SCHEDULE 15

Regulation 90(10)

ANNUAL LICENSE TO TRANSPORT FOREST PRODUCE

Not Transferable.

No. ………………………

Date ………………………….

District ……………………….

Subject to the conditions of the National Forestry and Tree Planting Act, these
regulations and to the terms and conditions stated in this Form
.............................................……………….of…………………………………
………... is authorised transport …………………. (type of forest produce) for
the year starting 1st July 20.............. to 30th June 20.......................

Amount Paid UGX …………………………..

Receipt No. ………………………

…………………… Issuing Officer

…………………… Designation

Distribution: Original to Licensee, Duplicate to National Forestry Authority, Triplicate to remain in the book.

1293
SCHEDULE 16
Regulation 92(1)

MINIMUM GIRTHS FOR TREES TO BE FELLED FOR TIMBER

Botanical Name Common or Trade Names Girth (cm)


Melicia excels Mvule, Muvule, Iroko 244
Albizia coriaria Mugavu 183
Dalbergia melanoxylon African Blackwood, Ebony -
Khaya – all species African Mahogany 244
Entandrophragma – all species Mahogany, Gedu, Nohor, 244
Mukusu, Sapele, Muyovu
Fagara – all species East African Satinwood 183
Lovoa – all species Uganda Walnut 244
Olea welwitschii Elgon Olive 152
Albizia zigia, A. ferruginia, A. Red Nongo 183
gumifera, A. Grandibracteata
Afzelia Africana Afzelia, Beyo 183
Crapa grandiflora Crabnut, Uganda Crabwood -
Cordia millenii Cordia 183
Fogaropsis angolensis Muyinja, Mafu 183
Ficalhoa laurifolia - 183
Fagaropsis angolensis Muyinja, Mafu 183
Holoptelea grandis Mumuli 183
Juniperus procera Cedar, African Pencil Cedar 183
Maesopsis eminii Musizi 183
Markhamia platycalyx Musambya 92
Mitragyna – both species Abura 152
Morus lacteal Uganda Mulberry 183
Newtonia buchanani Muchenche 244
Ocotea usambarensis East African Camphorwood 244
Olea chrysophylla Brown Olive -
Olea hochstetteri East African Olive, Musharagi 152
Piptadeniastrum africanum Abgoin 244
Podocarpus – all species Podo 183
Pygeum africanum Red Stinkwood, Mueri 183
Aningeria altissima Osan 244
Aningeria adolfifriederici Mwiruni 244

1294
Canarium schweinfurthii Canarium, Incense Tree 244
Tricilia splendid Trichilia 244
Albizia glaberrima White or Black Nongo 183
Symphonia globufera Symphonia 152
Erythrophleum guineense Sasswood Ordeal Tree 244
Baikiaea minor Nkobakoba 183
Mildbraediode-ndron excelsum Muyati 244
Brachylaena hutchinsii Muhugu, Muhuhu 152
Butyrespermum parkii Shea Butter Tree 152
Faurea saligna Faurea 183
Celtis soyauxi Celtis 183
Drypetes spp. Mushabarara 183
Pterygota mildbredii Pterygota 183
Chrysophyllum spp. White Star Apple 152
Strombosia scheffleri Strombosia 152
Tamarindus indica Tamarind 152

1295
SCHEDULE 17
Regulation 102(1)

CERTIFICATE FOR TIMBER GRADING

No. ……….

I HEREBY CERTIFY THAT I have this ………… day of ……..20.. inspected the
following timber, the property of ……………………………………………………..
………………………………………………………………………………………
………………………………………………………………………………………….
…………………………………………………………………………………………..
lying at …………………………………………………………………………… and
found it to conform with the provisions of the regulations under the National
Forestry and Tree Planting Act, 2003.

No. of
Species Grade Length Other dimensions
pieces

This Certificate has been issued without alteration or erasure, this


…………………. Day of …………………………………, 20 ……..

………………………………
Timber Grader

1296
SCHEDULE 18
Regulation 103

STANDARD TRADE NAMES PRESCRIBED FOR TIMBER

Botanical Name Standard Name Other Names


Acacia mollissima Willd. BLACK WATTLE -
Afzelia Africana Sm. Ex Pers. AFZELIA Beyo
Albizzia spp (excl. A; ALBIZZIA Nongo
coriaria Welw)
Alstonia boonei De Wild. ALSTONIA Mujwa
Antiaris toxicaria (Rumph ANTIARIS Kirundo
ex pers.)Lesch
Aningeria altissima (A. Chev.) OSAN Nkalate
Aubr. And Pellegr.
Canarium schweinfurthii Engl. CANARIUM Mwafu
Cassipourea elliotti Alston PILLARWOOD -
Celtis soyauxii Engl. CELTIS Lufugo
Chlorophora excelsa (Welw) IROKO Mvule
Benth and Hook f.
Cordia abyssinica R. Br. - Mukebu
Cupressus lusitanica Mill. - Mexican cypress,
(now C.lindleyi?) Lusitanica
cypress (S.A.)
Cupressus macrocarpa Hartw. - Monterey cypress
Cynometra alexandri MUHIMBI -
C.H. Wright
Dalbergia melanoxylon
Guill. & Perr AFRICAN BLACKWOOD Poyi.
Diospyros mespiliformis
Hochst. Ex A.DC. AFRICAN EBONY Chumu
Entandrophragma angolense
(Welw) C.DC GEDU NOHUR Mukusu
Entandrophragma utile (Dawe
and Sprague) Sprague - Utile, Mufumbi
Erythrophleum guineense
G.Don - Sasswood,
Mumara

1297
Fagara macrophylla Engl. - East African
Satinwood Olon, Munyenye.
Fagaropsis angolensis (Engl.)
Dale - Muyinja, Mafu
Grevillea robusta A. Cunn. - Silky Oak
Juniperus proccra Hochst.
Ex A. Rich AFRICAN PENCIL CEDAR -
Khaya anthotheca (Welw.) C.DC. AFRICAN MAHOGANY Munyama
Khaya grandifoliola C.DC AFRICAN MAHOGANY Tido
Khaya senegalensis AFRICAN MAHOGANY Tido
(Desr.) A. Juss
Maesopsis eminii Engl. MUSIZI -
Mitragyna stipulosa (DC) O. Kize ABURA Nzingu
Ocotea usambarensis Engl. EAST AFRICAN Mwiha
CAMPHORWOOD
Olea hochstetteri Bak. EAST AFRICAN OLIVE -
Piptadenia Africana Hook f. DAHOMA Mpewere,
Muchenche
Piptadenia buchananii Bank. - Mafamuti (S.A.),
Mpewere
Podocarpus dawei Stapf PODO -
Podocarpus gracilor Pilg PODO -
Podocarpus milanjianus Rendle PODO -
Podocarpus usambarensis Pilg PODO -
Pycnanthus angolensis (welw.)
Excell - Lunaba, Pycanthus
Ricinodendron heudelotti ERIMADO Musodo
(Baill.) Pierre ex Pax
Steganthus welwitschii - Elgon Olive
(Knobl.) Knobl.
Tamarindus indica L. - Tamarind

1298
SCHEDULE 19

Regulation 104(2)

FOREST PRODUCE DECLARATION FORM

FPDF No…..…

Date: ……………………….

TO THE SECTOR MANAGER/DISTRICT FOREST OFFICER

P.O. Box ………………………………………………………………………


…………………………………………………………………………………
1. M/s ………………………………………………………………………
of …………………………………………………………………………
permit/ trading licence (#) ………………………………………………

Has legally acquired the following forest products:

Timber

Size Species (#) of Pieces


…………………………………………………………………………
………………………………………………………………………
………………………………………………………………………

(ii) Charcoal ………………………………………………bags (#)

(iii) Firewood ……………………….…… … pieces / bundles (#)

(iv) Billets………………………………………………….. pieces (#)

2. Approximate Royalty Value


…………………………………………………………………………..

1299
3. Forest Reserve / County ……………………………………………….

4. Name of Officer i/c …………………… Designation …………………

5. Signature…………………………………………………………………

Declaration: I DECLARE THAT THE ABOVE INFORMATION IS


TRUE TO THE BEST OF MY KNOWLEDGE.

Original to Licensee
Duplicate to Uganda Revenue Revenue
Triplicate to remain in Book

1300
SCHEDULE 20

Regulation 104(8)

FOREST PRODUCE MOVEMENT PERMIT


(PERMIT VALID FOR ONE TRIP ONLY WITHIN TWO DAYS
OF DATE OF ISSUE)
Important: Transport, storage and dealing in timber that is not appropriately
coded by official hammer and accompanied by this form make the timber liable
for confiscation with possible fines and prosecution.

FPMP No…………..

Date: ………………….. District of Origin Code # ……………

Field Hammer # ………………………

M/S (Vehicle Driver) ……………………. ID Card No: ……………………

Vehicle Reg. # ………… Make …………… Capacity……………………

Is hereby authorized to move the following forest produce

From: …………………………………. To: ………………………………

Belonging to M/s …………………….. of: ………………………………

License No. ……………………………... VAT No. …………………………

FPDF No. …………………………..General Receipt No. …………………

Type of Produce Species Size No. of pieces

………………….. ………………… ……………… ……………….

………………….. ………………… ……………… ……………….

………………….. ………………… ……………… ……………….

Estimated value of produce in U Shs. ………………………………………

1301
Estimated VAT value in U Shs. ………………… (even if NOT registered)

The said produce has been legally obtained from ……….…. (Forest Station)

Name of Issuing Officer ………………………………

Signature of Issuing Officer …………………………..

Designation ……………………………………………

Distribution:
Original to Customer at destination
Duplicate Uganda Revenue Authority
Triplicate Remain in Book

1302
SCHEDULE 21

Regulation 104 (15)

ILLEGAL FOREST PRODUCE DECLARATION FORM

Serial No…..……………

Date……………………

1. Area of Origin……….……………… Driver’s Names…………………

Vehicle Reg. No…………………Type of Offence……………………

2. Type of Produce (Timber/Charcoal/Firewood/Billets/Other).

A. TIMBER

Sizes Species No. of Pieces


12” x 1” x 14’ ……………………………………… …………………
12” x 2” x 14’ ……………………………………… …………………
15” x 1” x 14’
6” x 2” x 14’ ……………………………………… …………………
4” x 2” x 14’ ……………………………………… …………………
8” x 2” x 14’ ……………………………………… …………………
9” x 2” x 14’ ……………………………………… …………………
4” x 3” x 14’ ……………………………………… …………………
4” x 4” x 14’ ……………………………………… …………………
6” x 1” x 14’ ……………………………………… …………………
3” x 1” x 14’ ……………………………………… …………………
8” x 1” x 14’ ……………………………………… …………………
9” x 1” x 14’ ……………………………………… …………………
3” x 2” x 14’ ……………………………………… …………………

B. CHARCOAL Bags No……………………………………………………

C. FIREWOOD Pieces/Bundles No…………………………………………

1303
D. BILLETS Pieces No…………………………………………………
E. OTHER (specify)…………………………………………………………
F. TOOLS ETC CONFISCATED……………………………………………

3. Name of Authorised Person………………………………………….….


Signature…………………….………….

4. Date………………………………... Time of Departure………………..

Place……………………………………………………………………

5. Received / Verified by…………………………Signature………………

Designation………………………….. Place………………….………

Date…………………………

6. Gross value in UG Shillings……………………………………………

7. I certify the above is true……...……………….………………………


(Name & Signature of “owner”)

NOTES
(1) All impounded produce must be declared and shall be accompanied by
this form to the respective district forestry services of the respective local
government or to range offices of NFA or NFA headquarters or the
nearest police as the case may require.
(2) It shall be an offence to retain impounded produce without written
authority from the offices mentioned above in (1).
(3) The driver will carry only the produce declared on this form.

WARNING: THE IMPOUNDED PRODUCE WILL BE DISPOSED OFF AS


PER LAW PROVIDED IF IT IS NOT CLAIMED WITHIN
TEN (10) DAYS FROM THE DATE OF IN (6) ABOVE.

PROFESSOR EPHRAIM KAMUNTU


Minister for Water and Enviroment

1304
1305

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