Forests Preservation Act
Act 14 of 1910
- Commenced on 8 April 1910
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Forests Preservation Act.
2. InterpretationIn this Act, unless the context otherwise requires—"brushwood" means any bushes, underwood or similar growths on Government land or on Swazi nation land which are not included in the terms "indigenous timber" or "government timber";"Government land" means all land vested in the Government;"government timber" means any trees and bushes planted under the direction of the Minister on Government land or on Swazi nation land;"indigenous timber" means forest trees or their saplings growing on Government land or on Swazi nation land, not planted by human agency;"mineral concession" means a concession giving a right to precious or base metals, precious stones, minerals or mineral products on any area granted by or on behalf of the King or the Ngwenyama, and confirmed either by the late Chief Court or by the High Commissioner under the provisions of the Concessions Act No. 3 of 1904;"Minister" means the Minister for Agriculture;"prior-dated mineral concession" means a mineral concession earlier in date than a concession by which land on the same area, or a lease of such land, is granted;"private forest" means a forest, plantation or tree situate on land not owned by the Government, or on Swazi nation land;"Swazi nation land" means any piece of Swazi nation land set apart under the Concessions Partition Act.
3. Protection of indigenous timberNo person shall cut down, damage, remove, sell or purchase indigenous or government timber without the permission of the Minister or of a district officer or other person authorised by the Minister to grant such permission:Provided that—
4. Cultivation of landNo person shall clean, break up or cultivate any Government land or Swazi nation land on which or within thirty yards of which indigenous timber or government timber is growing, except with the permission of the Minister or of a district officer or other person authorised by the Minister to grant such permission.
5. Application to private forests
6. Malicious or negligent burningAny person who maliciously or by wilful neglect or recklessly sets fire to or kindles any fire which by spreading sets fire to any indigenous or government timber or brushwood shall be guilty of an offence.
7. PenaltyAny person contravening any provision of this Act and any person who gives any other person instructions calculated to lead to a contravention of any such provision shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or in default of payment thereof to imprisonment for a period not exceeding twelve months or to imprisonment alone or to both fine and imprisonment.
8. Onus of proofIn a prosecution for a contravention of this Act the burden of proving that the permission mentioned in sections 3 and 4 has been obtained shall be upon the person charged.
History of this document
08 April 1910