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LAWS OF BRUNEI
CHAPTER 46
FOREST
7 of 1934
Cap. 46 of 1951
1984 Ed. Cap. 46
Amended by
6 of 1939
2 of 1949
S 99/59
6 of 1967
S 29/00
S 83/00
REVISED EDITION 2002
(15th March 2002)
Section
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
3. Appointment of Officers.
PART II
RESERVED FORESTS
4. Power to constitute reserved forests.
5. Notification of proposal to constitute reserved forest.
6. Proclamation by District Officer.
7. New buildings and cultivation prohibited after proclamation.
8. Inquiry by District Officer.
9. Order by Minister.
10. Regulation of privileges.
11. Acquisition of alienated land for inclusion in a reservedforest.
12. Abandonment of proposal to reserve.
13. Notification declaring reserved forest.
14. Publication of notification prior to operation thereof.
15. Rescission and modification of privileges and conditions.
16. Acquisition of special rights.
17. Prohibition of transfer of privileges.
18. Power to stop way or watercourse in a reserved forest.
19. Acts prohibited in a reserved forest.
20. Prohibition as to fire.
21. Act excepted from sections 16, 19, 20 and 26.
22. Power to declare forest no longer reserved.
PART III
PENALTIES AND PROCEDURE
23. Power to arrest without warrant.
24. Seizure of property the subject of or used in committing a forestoffence.
25. Presumption that forest produce belongs to Government.
26. Offences in reserved forest.
27. Unlawful possession of forest produce.
28. Penalty for breach of rules.
29. Penalty for wrongful seizure.
30. Penalty for counterfeiting or defacing or possessing implementsfor counterfeiting marks on trees and timber and altering boundary marks.
30A. Fines under section 26 etc.
31. Double penalty in certain cases.
32. Power to compound forest offences.
33. Compensation for damage caused by commission of a forestoffence.
34. Confiscation the subject of, or used of property in committing, aforest offence.
35. Disposal of produce the subject of offences.
36. Power to take possession of and dispose of property the subjectof, or used in the commission of, a forest offence when the offender is unknownor cannot be found.
37. Sale of perishable property seized.
38. Appeal against act under section 36.
39. Vesting in the Government of property taken possession of.
40. Power to release property seized and to withdraw charges.
41. Recovery of money due to the Government.
42. Charges on forest produce for money due to Government.
43. Unclaimed timber.
44. Public notice of timber collected under section 43.
45. Procedure on claim to timber.
46. Disposal of unclaimed timber.
47. Payment to be made by claimant before delivery of timber.
48. Forest produce not removed by licensee to become the property of Government.
49. Forest officers not to trade.
50. No liability for loss or damage.
51. His Majesty in Council may invest forest officers with certainpowers.
PART IV
RULES
52. His Majesty in Council may make rules.
53. Certain rules not to extend to act done within a reservedforest.
54. Special provisions in favour of natives.
55. Saving of acts done by permission.
56. Liability of directors etc.
________________________
FOREST ACT
An Act relating to forests and forest produce
Commencement: 30th October 1934
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Forest Act.
Interpretation.
2. (1) In this Act, unless the context otherwise requires—
“cattle” includes elephants, buffaloes, horses, ponies, mules, asses, pigs, sheep and goats;
“classification mark” means a mark placed on timber to denote itsorigin or the agency by which it has been handled;
“Director of Forestry” means the Director of Forestry appointedunder section 3 and includes any other officer whom His Majesty the Sultan andYang Di-Pertuan may by public notification declare to be vested with all orany of the powers conferred on the Director of Forestry by this Act;
[S 29/00]
“forest offence” means an offence punishable under this Act orunder any rules made under section 52;
“forest officer” means any person appointed under section 3 to beDirector of Forestry, Deputy Director of Forestry, Silviculturist,Senior Forestry Officer, Forestry Officer, Assistant Forestry Officer, SeniorForestry Assistant, Forestry Assistant, Forest Ranger or Junior ForestryAssistant, or to discharge any function of a forest officer under this Act;
[S 29/00; S 83/00]
“forest produce” includes —
(a) the following when found in or brought from a reserved forest,that is to say, guano, peat, rock, sea-sand, river-sand, sea-shells, shell-sandand surface soil;
(b) the following when found in or brought from a reserved forest orState land, that is to say, trees and all parts or produce not hereinaftermentioned of trees; plants including climbers, creepers and grasses, and allparts or produce of such plants; silk, cocoons, honey and wax and ediblebirds’ nests; and
(c) the following whether found in or brought from a reserved forest,State land, land reserved under the Land Code (Chapter 40) or any previous land Enactment or alienated land, that is to say, timber, firewood, charcoal,getah, getah taban leaves, wood oil, bark, extracts of bark, damar and atap;
“guano” includes the excrement of birds and of bats;
“property mark” means a mark placed on timber to denote that,after all purchase money or royalties due to the Government have been paid, theperson in whose name such mark is registered has or will have a right ofproperty in the timber;
“reserved forest” means every part of a forest declared to be areserved forest under the provisions of section 13, or declared to be a reserved forest under the provisions of any other Act relating to forests, which shall not at the time being have ceased to be a reserved forestunder section 22 or under the provisions of any such Act;
“river” includes stream, canal, creek and other channel, naturalor artificial;
“timber” includes trees, when they have fallen or been felled andall wood whether cut up or fashioned or hollowed out for any purpose or not;
“tree” includes root, stump, stem, branch, brushwood, palm, cane, rattan and creeper.
(2) All words and expressions used in his Act which are defined in the LandCode (Chapter 40) shall be deemed to have the meanings attributed to them bythat Code.
Appointment of Officers.
3. (1) His Majesty may appoint a Director of Forestry who shall bedirectly responsible to His Majesty for the administration of the forests ofBrunei Darussalam and shall have the general superintendence of all matterswithin the provisions of this Act, and such and so many Assistant Director ofForestry, district forest officers, assistant district forest officers, forest rangers, foresters and forest guards as may be necessary for carrying outthe purposes of this Act.
[S 29/00]
(2) Notwithstanding anything contained in this section His Majesty maydelegate to the Director of Forestry the power to appoint forest rangers,foresters or forest guards.
[S 29/00]
(3) All officers appointed under this section shall be deemed to be publicservants within the meaning of the Penal Code (Chapter 22).
PART II
RESERVED FORESTS
Power to constitute re-served forests.
4. His Majesty in Council may constitute any land a reserved forest inthe manner hereinbefore provided.
Notification of proposal to constitute reserved forest.
5. Whenever it is proposed to constitute any land a reserved forest, the Minister shall publish a public notification —
(a) specifying as nearly as possible the situation and extent of suchland; and
(b) declaring that it is proposed to constitute such land areserved forest.
Proclamation by District Officer.
6. When a notification has been published under section 5, theDistrict Officer of the area concerned shall publish in convenient places in the vicinity to the said land, and elsewhere as he may deem expedient, a proclamation in the Malay language and in such otherlanguages as the Minister may in any particular case direct —
(a) specifying as nearly as possible the situation and extent of theforest proposed for reservation;
(b) setting forth the provisions in substance of the nextfollowing section;
(c) explaining the consequences which, as hereinafter provided, willensue on the reservation of such forest; and
(d) fixing a period of not less than 3 months from the date of thepublication of such proclamation, and requiring every person who has anyobjection to the reservation of such forest or who applies to exercise anyprivilege which is being or has been exercised in or over any part of the saidforest, to present to such District Officer of the area concerned within suchperiod as aforesaid a written notice specifying, or to appear before himwithin such period and state, the nature of such objection or privilege.
New buildings and cultivation prohibited after proclamation.
7. During the interval between the publication of such proclamationand the date fixed by the notification declaring the forest to be reserved ashereinafter provided, no new house shall be built or plantation formed and nofresh clearing for cultivation or for any other purpose shall be made on or inany other purpose shall be made on or in any State land mentioned in suchproclamation:
Provided that nothing in this section shall be deemed to prohibit any actdone with the permission in writing of the District Officer of the area concerned or in conformity with the terms of a licence or permit issued bya forest officer in whom the power to issue such licence or permit was vestedbefore the proclamation was published.
Inquiry by District Officer.
8. (1) The District Officer of the area concerned shall —
(a) take down in writing all statements made in response to hisrequirement under section 6 (d) ;
(b) inquire into all objections raised and applications made inresponse to his said requirement and into the propriety of conceding in and over the forest any privilege which is being or has been exercised butin respect of which no application is made;
(c) consider and record any opinion which Director of Forestry may express as to any objections that have been raised to the proposedreservation or as to the privileges to be conceded in or over the forestproposed to be reserved.
[S 29/00]
(2) For the purposes of any inquiry under this section the District Officer of the area concerned may exercise —
(a) the powers of a Land Officer under the Land Code (Chapter 40); and
(b) the powers conferred on a civil court by any written law or ruleof civil procedure for compelling the attendance of witnesses and the productionof documents.
Order by Minister.
9. The District Officer of the area concerned shall then withall convenient speed forward to the Minister a statement of particulars of allobjections, privileges and opinion recorded by him under section 8; and theMinister after reference to the Director of Forestry and after such furtherinquiry as he may think necessary shall make an order admitting or rejectingsuch objections and conceding, modifying or disallowing the exercise of suchprivileges, either wholly or in part, as shall seem to him right.
[S 29/00]
Regulation of privileges.
10. Every order made under section 9 conceding a privilege in respect of forest produce within a forest proposed for reservation shall prescribe, so far as possible, the quantity and nature of forest produce which may be taken or received in exercise of such privilege, and the exercise of such privilege shall be subject to the control of the Director of Forestry and to such orders as he may make with the approval of the Minister to regulate the local limits within which and the mode in which such forest produce may be taken or received within the reserved forest.
[S 29/00]
Acquisition of alienated land for inclusion in a reserved forest.
11. If His Majesty in Council shall consider it expedient to includein a reserved forest any land leased or granted to, or otherwise lawfullyoccupied by, any person, may cause such land to be acquired as for a publicpurpose under the provisions of the Land Code (Chapter 40) and thereafterinclude such land within the limits of the reserved forest.
Abandonment of proposal to reserve.
12. (1) His Majesty in Council may, at any time before thepublication of a notification under section 13, withdraw from a proposal toconstitute any land a reserved forest.
(2) When such withdrawal is determined on, a proclamation shall bepublished by the District Officer of the area concerned, in the same places andin the same manner in which the proclamation under section 6 was published,announcing that the proposed reservation has been abandoned.
(3) On the publication of such proclamation the provisions of section 7 shall cease to apply to such land.
Notification declaring reserved forest.
13. (1) When the period fixed under section 6 (d) has elapsedand all objections and applications, if any, made within such period have beendisposed of by the Minister and all lands, if any, to be included in the forestproposed for reservation which His Majesty in Council has, under section 11,elected to acquire under the Land Code, have under that Act vested in HisMajesty, the Minister may, with the approval of His Majesty in Council, publisha notification specifying the land which it is intended to reserve, declaringthe same to be reserved from a date fixed by such notification, mentioning theprivileges conceded in respect of such land and stating the special conditions,if any, governing the reservation thereof.
(2) From the date so fixed such land shall be a reserved forest and shall, together with all the produce thereof and things found therein be deemed to be the property of the Government, to be maintained and controlled by the Director of Forestry, subject only to the privileges and conditions mentioned in such notification.
[S 29/00]
Publication of notification prior to operation thereof.
14. The District Officer of the area in which such land to be reservedis situate shall, before the date fixed by the notification under section 13,cause the said notification to be published in the manner prescribed for the proclamation under section 6.
Rescission and modification of privileges and conditions.
15. (1) The Minister after such enquiry as he may deem necessary andwith the approval of His Majesty in Council, may at any time, by publicnotification, rescind, modify or add to any privilege conceded or anycondition governing the reservation of a forest.
(2) No person shall be entitled to compensation in respect ofanything done under the provisions of this section.
Acquisition of special rights.
16. No right of any description in or over a reserved forest or anypart thereof shall be acquired except under a grant or contract in writing madeby the Minister after reference to the Director of Forestry and with theapproval of His Majesty in Council.
[S 29/00]
Prohibition of transfer of privileges.
17. Notwithstanding anything hereinbefore contained, no privilege conceded by notification under section 13 shall be transferred by wayof grant, sale, lease, charge or otherwise, except with the authority of theMinister.
Power to stop way or water-course in a reserved forest.
18. The Director of Forestry may from time to time, with the previoussanction of the Minister, stop any public or private way or water-course in areserved forest:
[S 29/00]
Provided that for the way or water-course so stopped another way orwater-course which, in the opinion of the Minister is equally convenient alreadyexists or has been provided or constructed by the Director ofForestry.
[S 29/00]
Acts prohibited in a reserved forest.
19. Subject to the provisions of section 21 no person shall in areserved forest —
(a) graze cattle or permit cattle to graze; or
(b) fell, cut, ring, mark, lop or tap any tree or injure by fire orotherwise or remove any tree or timber; or
(c) cause any damage by negligence in felling any tree orcutting or dragging any timber; or
(d) search for, collect, subject to any manufacturing process orremove any forest produce or minerals; or
(e) clear or break up any land for cultivation or any otherpurpose; or
(f) poison or dynamite water or hunt, shoot, fish or set traps orsnares; or
(g) trespass in any manner not in this section hereinbeforeprohibited.
Prohibition as to fire.
20. Subject to the provisions of section 21, no person shall kindle,keep or carry any fire, or leave any fire burning, whether within or without areserved forest, in such a manner as to endanger such reserved land.
Act excepted from sections 16, 19, 20 and 26.
21. Nothing in section 16, 19, 20 or 26 shall be deemed to prohibit orrender punishable —
(a) the exercise in accordance with the orders, if any, made undersection 10, of any privilege conceded by notification under section 13, to takeforest produce in a reserved forest; or
(b) the exercise of any right created by granted or contract in themanner described in section 16; or
(c) any act done with the permission in writing of a forest officerempowered under section 51 to grant such permission.
Power to declare forest no longer reserved.
22. (1) The Minister, after reference to the Director of Forestryand with the approval of the Council of Ministers may, by public notification,direct that from a date to be fixed by such notification any reserved forest, orany portion thereof, shall cease to be reserved.
[S 29/00]
(2) From the date so fixed such forest or portion thereof shall cease to bereserved.
PART III
PENALTIES AND PROCEDURE
Power to arrest without warrant.
23. (1) Any forest officer or police officer may without a warrantarrest any person reasonably suspected of having been concerned in a forest offence punishable with imprisonment for one month or upwards, if suchperson refuses to give his name and residence or give a name and residence whichthere is reason to believe is false or if there is reason to believe that hewill abscond.
(2) Every officer making an arrest under this section shall, withoutunnecessary delay, take or send the person arrested to the officer in charge ofthe nearest police station or, if the offence is compoundable under section 32,before an officer empowered under that section to accept compensation:
Provided that in the latter case, if the arrested person refuses to compound the alleged offence, such officer empowered under section 32 shall forthwith send such arrested person to the officer in charge of the nearest police station.
Seizure of property the subject of or used in committing a forestoffence.
24. (1) Where there is reason to believe that a forest offence hasbeen committed in respect of any forest produce, such produce, together with alltools, machinery, equipment, boats, conveyances and cattle used in thecommission of such offence, may be seized by any forest officer or policeofficer.
[S 29/00]
(2) Every officer seizing any property under this section shall place onsuch property, or on the receptacle, if any, in which it is contained, a markindicating that the same has been so seized and shall, so soon as may be make areport of such seizure to the magistrate having jurisdiction to try the offenceon account of which the seizure has been made:
Provided that, in any case, where such property has been seized inconnection with an offence dealt with by a forest officer in the exercise of hispowers under section 32 or committed by some person unknown or who cannot befound, it shall not be necessary to report to a magistrate the seizurethereof.
Presumption that forest produce belongs to Government.
25. When in any proceedings taken under this Act or in consequence ofanything done under this Act a question arises as to whether any forest produceis the property of the Government, such produce shall be deemed to be theproperty of the Government until the contrary is proved.
Offences in reserved forest.
26. Subject to the provisions of section 21 —
(i) whoever commits an offence against the provisions of paragraphs (b) , (d) or (e) of section 19 or against the provisions of section 7 and whoever kindles, keeps or carries any fire burning in contravention of section 20 or of any instructions to ensure the safety of reserved forests which the Director of Forestry may from time to time notify in the manner prescribed by rule under section 52(2) (v) , shall be guilty of an offence: Penalty, a fine and imprisonment for 5 years;
[S 29/00]
(ii) whoever commits an offence against the provisions of paragraphs (a) or (c) of section 19 shall be guilty of an offence: Penalty, afine and imprisonment for one year;
[S 29/00]
(iii) whoever commits an offence against the provisions of paragraph (f) of section 19 shall be guilty of an offence: Penalty, a fineand imprisonment for one year;
[S 29/00]
(iv) whoever commits an offence against the provisions of paragraph (g) of section 19 shall be guilty of an offence: Penalty, a fineand imprisonment for one year.
[S 29/00]
Unlawful possession of forest produce.
27. (1) Any person found in possession of any forest produceupon which the royalty or other payment to the Government due in respect of suchforest produce has not been paid or made shall be guilty of an offence: Penalty,a fine and imprisonment for 5 years.
[S 29/00]
(2) In any prosecution under this section the onus of proving that theroyalty or other payment in respect of such forest produce has been paid or madeshall be upon the person found in possession of such forest produce.
Penalty for breach of rules.
28. Subject to the provisions of sections 54 and 55 whoever commits abreach of any rule made under section 52, for the breach of which no penalty isexpressly provided by rule made under section 52, shall be guilty of an offence:Penalty, a fine and imprisonment for 5 years.
[S 29/00]
Penalty for wrongful seizure.
29. (1) Whoever, being a forest officer or police officer, vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be guilty of an offence: Penalty, a fine of $5,000 and imprisonment for one year.
(2) Any fine imposed under the provisions of this section or any portion thereof shall, if the convicting court so directs, be given ascompensation to the person aggrieved by such seizure.
Penalty for counterfeiting or defacing or possessing implements for counterfeiting marks on trees and timber and altering boundarymarks.
30. Whoever, with intent to cause wilful damage or injury to the public or to any person or to cause wrongful gain as defined by the Penal Code (Chapter 22) —
(a) knowingly counterfeits upon any tree or timber, or has in hispossession any implement for counterfeiting, a mark used by forest officers toindicate that such tree or timber is the property of the Government or of someperson or that it may lawfully be felled or removed by some person; or
(b) unlawfully or fraudulently affixes to any tree or timber a markused by forest officers or registered in the name of another person; or
(c) alters, defaces or obliterates any such mark placed on any tree ortimber by or under the authority of a forest officer; or
(d) alters, removes, destroys or defaces any boundary mark of areserved forest or of any land proposed to be included in a reserved forest,
shall be guilty of an offence: Penalty, a fine and imprisonment for 5years.
[S 29/00]
Fines under section 26 etc. [S 29/00]
30A. In determining any fine to be imposed under section 26, 27, 28 or 30 or under any rules made under section 52, the court shall take into consideration any loss, injury or damage, or whatsoever nature, caused to or substained by the Government, the public generally or any section of the public, or any person, whether or not such loss, injury or damages is of a nature to be able to be quantified or fully expressed in terms of money.
Double penalty in certain cases.
31. If a breach of any of the provisions of this Act or of any rulemade thereunder is committed —
(a) after sunset and before sunrise; or
(b) after preparation for resistance to the execution of any law orany legal process; or
(c) after a previous conviction for a like offence,
the convicting court may inflict double the penalty prescribed for such offence.
Power to compound forest offences.
32. (1) The Director of Forestry and any forest officer empowered thereunto by name or office by the Minister by public notification—
[S 29/00]
(a) may accept from any person against whom a reasonable suspicionexists that he has committed any forest offence, other than an offence specified in section 29 or 30, a sum of money not exceeding $500 byway of compensation for the offence which such person is suspected of havingcommitted; and
[S 29/00]
(b) when any property has been seized as liable to confiscation, mayrelease the same on payment of the value thereof as estimated by suchofficer,
and all sums so received shall be credited to revenue.
(2) On the payment of such sum of money or such value or both, as the casemay be, the suspected person, in custody shall be discharged, the property, ifany, shall be released, and no further proceedings shall be taken against suchperson or property.
(3) Any power vested in a forest officer by notification under this sectionmay at any time be withdrawn by the Minister by public notification.
Compensation for damage caused by commission of a forest offence.
33. (1) When any person is convicted of removing, felling, cutting, ringing, marking, lopping or tapping any tree or timber or of injuringthem by fire or otherwise, in contravention of this Act, the convicting courtmay, in addition to any other penalty which it may award, order such person topay to Government such compensation for such tree or timber, in respect whereofthe offence was committed, as it deems just.
[S 29/00]
(2) If the person convicted of the offence committed is as the agent orservant of another person, the convicting court may, unless after hearing suchother person it is satisfied that the commission of the offence was not aconsequence of his instigation or of any neglect or default on his part, orderhim, instead of the person who committed the offence, to pay thecompensation referred to in subsection (1).
Confiscation the subject of, or used of property in committing, a forestoffence.
34. (1) When any person is convicted of a forest offence, all forestproduce which is not the property of the Government and in respect of which suchoffence has been committed, and all tools, boats, conveyances and cattle used inthe commission of such offence shall be liable, by order of the convictingcourt, to confiscation.
(2) Such confiscation may be in addition to any other penaltyprescribed for such offence.
(3) Any order made under this section shall be subject to theprovisions of Chapter XXXVII of the Criminal Procedure Code (Chapter 7) so faras such provisions are applicable.
Disposal of produce the subject of offences.
35. When the trial of any forest offence is concluded any forestproduce in respect of which such offence has been committed, shall, if it is theproperty of the Government or has been confiscated be delivered to such forestofficer as the court may order, and, in any other case, may be disposed of insuch manner as the court may order.
Power to take possession of and dispose of property the subject of, orused in the commission of, a forest offence when the offender isunknown or cannot be found.
36. (1) When there is reason to believe that a forest offence hasbeen committed by a person who is unknown or cannot be found, all propertyseized in respect thereof under section 24 shall, unless it has been disposed ofunder section 35, be taken possession of, and may be disposed of, by a forestofficer expressly empowered in that behalf under section 51; but no suchproperty shall be sold or otherwise disposed of until the expiration of onemonth from the date of seizure of such property or without hearing the person,if any, claiming any right thereto and the evidence, if any, which he mayproduce in support of his claim.
(2) When possession is taken of any property under this section, the forestofficer so taking possession shall either cause a notice thereof to be servedupon any person whom he has reason to suspect to be interested in the propertyor publish such notice in any way he thinks fit.
Sale of perishable property seized.
37. A magistrate or a forest officer specially empowered in thatbehalf under section 51 may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 24 and subjectto speedy and natural decay and may deal with the proceeds as he might havedealt with such property had it not been sold.
Appeal against act under section 36.
38. (1) Any person claiming to be interested in any property seizedunder section 24 may within one month from the service or publication of anotice in respect of such property by a forest officer under section 36 preferan appeal against the taking possession of such property to His Majesty inCouncil.
(2) The order of His Majesty in Council made on such appeal shall befinal.
Vesting in the Government of property taken possession of.
39. When possession has been taken of any property under section 36,and —
(a) the period limited by section 38 for preferring an appeal againstsuch taking possession has elapsed and no such appeal has been preferred; or
(b) on an appeal against such taking possession His Majesty in Councilhas confirmed such taking possession in respect of the whole or a portion ofsuch property,
such property or portion, as the case may be, shall vest in the Governmentfree from all encumbrances.
Power to release property seized and to withdraw charges.
40. Notwithstanding anything hereinbefore contained, any forestofficer empowered under section 32 to compound forest offences may at any timedirect the release of any property seized under section 24 which is not theproperty of the Government and the withdrawal of any charge made in respect ofsuch property.
Recovery of money due to the Government.
41. (1) All money other than fines, payable to the Government underthis Act or on account of the price of any produce or of expenses incurred inthe execution of this Act in respect of any forest produce may, if not paid whendue, be recovered in the manner provided by law for the recovery of fines.
(2) When any money becomes recoverable under the provisions of subsection(1) the Director of Forestry or other forest officer authorised by him inwriting may, if the amount does not exceed $10,000, apply ex parte in asummary way to the Court of a Magistrate, and in any other case, to the HighCourt, for the levy of the amount due, and such Court shall thereupon proceed tolevy such amount, as if it were a fine.
[S 29/00]
(3) If any person whose property has been seized under the authority ofsubsection (2) disputes the propriety of such seizure, he may apply to the Courtwhich ordered such seizure for an order to stay the proceedings, and the Courtafter making such inquiry as may be necessary shall make such order in thepremises as may seem just.
Charges on forest produce for money due to Government.
42. (1) When any such money as is referred to in section 41(1) is payable for or in respect of any forest produce, the amount thereofshall be deemed to be a first charge on such produce, and such produce may betaken possession of by the Director of Forestry or by any forest officerauthorised, either specially or generally, by the Director of Forestry inwriting in that behalf and may be retained by him until such amount has beenpaid.
[S 29/00]
(2) If such amount is not paid when due, such forest officer may sell thesaid produce by public auction and the proceeds of sale shall be applied in thefirst instance in payment of the amount due.
(3) The surplus, if any, if not claimed within 2 months by the personentitled thereto, shall be forfeited to the Government.
Unclaimed timber.
43. (1) Timber found adrift, beached, stranded or sunk, or which isnot in the possession or under the control of any person, shall be deemed to bethe property of the Government unless or until any person establishes his rightthereto as hereinbefore provided.
(2) Such timber may be collected by any forest officer or other person dulyauthorised under this Act and may be brought to any convenient place pendingaction under section 44.
Public notice of timber collected under section 43.
44. (1) Public notice of timber collected under section 43 shall,from time to time, as occasion may require, be given by a forest officerexpressly empowered under section 51.
(2) Such notice shall contain a description of the timber and shall requireany person claiming the same to make his claim to the Director of Forestrywithin a period not less than one month from the date on which such notice isgiven.
[S 29/00]
Procedure on claim to timber.
45. (1) When any such claim is made as aforesaid the Director of Forestry may, after making such inquiry as he thinks fit, eitherreject the claim after recording his reasons for so doing or deliver the timberto the claimant.
[S 29/00]
(2) If such timber is claimed by more than one person, the Director ofForestry may either deliver the same to any of such persons as he deems to beentitled thereto or may refer the claimants to the civil court pending thereceipt of an order from such court for its disposal.
[S 29/00]
Disposal of unclaimed timber.
46. When no claim is made within the period prescribed by section 44,or when such claim has been made and rejected, the ownership of such timbershall vest in the Government free from all encumbrances or, when such timber hasbeen delivered to another person under section 45, in such other person freefrom all encumbrances not created by him.
Payment to be made by claimant before delivery of timber.
47. (1) No person shall be entitled to recover possession of anytimber collected as aforesaid until the amount of any reasonable expensesincurred in collecting, moving, storing and disposing of the timber has beenpaid to the forest officer or other person entitled to receive the same.
(2) If any dispute arises as to the amount of expenses payable under thissection, the matter shall be referred to the Minister, whose decision thereonshall be final.
Forest produce not removed by licensee to become the property of
Government.
48. Forest produce cut or collected under licence or permit inaccordance with the provisions of this Act or of any rules made thereundershall, unless removed from the area to which the licence or permit applieswithin a period of one month from the expiry of such licence or permit or withinsuch further period as the Director of Forestry may in any particular caseallow, become the property of the Government free from all encumbrances.
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Forest officers not to trade.
49. No forest officer shall, as principal or agent, trade in forestproduce or be or become interested in any lease of or charge on any forest orforest produce or in any contract for working any forest.
No liability for loss or damage.
50. The Government shall not be responsible for any loss or damagewhich may occur in respect of any forest produce while at a checking station orwhile detained elsewhere for the purposes of or under the provisions of this Actor in respect of any timber collected under section 43.
His Majesty in Council may invest forest officers with certainpowers.
51. (1) His Majesty in Council may invest any forest officereither specially or generally with all or any of the following powers—
(a) power to issue such search warrants as may be issued by Courts under the Criminal Procedure Code (Chapter 7);
(b) power to grant permission such as is referred to in sections 21 and 55;
(c) power to take possession and dispose of property undersection 36;
(d) power to direct the sale of perishable property under section 37;
(e) power to give public notice under section 44 of timber collected under section 43.
(2) All or any of the powers specified in paragraphs (a) to (e) inclusive of subsection (1) may be exercised by the Director of Forestry.
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PART IV
RULES
His Majesty in Council may make rules.
52. (1) His Majesty in Council may make rules to carry out theobjects and purposes of this Act.
(2) In particular and without prejudice to the generality of theforegoing power, such rules may —
(a) regulate or prohibit the kindling of fires on State land andprescribe the precautions to be taken to prevent the spreading of fires;
(b) regulate, by licensing or otherwise, or prohibit the felling, cutting, ringing, marking, lopping, tapping or injuring by fire or otherwise, of any trees or timber, the sawing, conversion or removal of timber, and the collection and removal of other forest produce: Provided that in the case of land which now is or may hereafter be alienated no licence shall be issued except to the owner of such land or with his consent;
(c) regulate or prohibit the manufacture of bark or the burning ofcharcoal;
(d) regulate the free grant or the grant at reduced rates of forestproduce;
(e) regulate by licensing or otherwise the sale, purchase orstorage of forest produce;
(f) prohibit any dealings in specified kinds of forest produce andmake it an offence to be found in possession thereof;
(g) prescribe the routes by which alone forest produce may be importedinto, exported from or moved within Brunei Darussalam;
(h) regulate or prohibit, either absolutely or conditionally, theexport from or the import into Brunei Darussalam of any forest produceor class or description of forest produce;
(i) prohibit the collection or removing of forest produce without a pass from an officer authorised to issue the same or otherwise than in accordance with the conditions of such pass and provide for the issue, production and return of such passes;
(j) in the case of timber formed into a raft or fastened to thesea-shore or any river bank, prohibit the loosening or setting adrift of suchtimber by any person not the owner thereof or not acting on behalf of the owneror of the Government;
(k) provide for the stoppage, reporting, examination andmarking of forest produce in transit;
(l) establish checking stations to which forest produce is to bebrought by the person in charge of it for examination or for the realisation ofmoney due to the Government in respect thereof or in order that a mark may beaffixed thereto for the purposes of this Act, and prescribe the conditions underwhich forest produce is to be brought to, detained at, and removed from suchchecking stations;
(m) provide for the management and control of such checkingstations;
(n) prohibit, absolutely or subject to conditions, either generally orwithin specified limits, the establishment of saw-mills and saw- pits, the converting, cutting, burning, concealing, or marking of timber, thealtering or effacing of any property marks on the same, and the possession ofmarking hammers or other implements used for marking timber;
(o) regulate the use of marks for timber and the registration of suchmarks, authorise the refusal or cancellation of the registration of such marks,prescribe the time for which the registration of such marks is to hold good andlimit the number of such marks which may be registered by any one person;
(p) provide for the issue of licences to be in possession ofmarking hammers;
(q) regulate the collection and disposal of timber mentioned insection 43;
(r) regulate the manner of publication of public notice under section44;
(s) declare by what forest officer or class of forest officers thepowers or duties conferred or imposed by or under this Act or any rules madeunder this section are to be exercised or performed;
(t) regulate the procedure of the District Officer in the areaconcerned under Part II of this Act;
(u) regulate the rewards to be paid to officers and informers from theproceeds of fines and confiscations under this Act or under any rules made underthis section or from the Treasury;
(v) prescribe the manner of notifying instructions of the Director of Forestry under section 26 (i) ;
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(w) prescribe the fees, royalties and payments for forestproduce, and the manner in which such fees, royalties or otherpayments are to be levied, whether in transit or partly in transit orotherwise;
(x) prescribe fees for passes under paragraph (i) hereof, for registration of marks under paragraph (o) hereof and for licencesissued under this Act or under any rule made under this section;
(y) generally prescribe fees payable under this Act or under any rulemade under this section;
(z) prescribe forms to be used under rules made under thissection;
(zz) prescribe the penalties with which the contravention of any rulesmade under this section shall be punishable, but so that such penalties shallnot exceed those prescribed by section 28.
(3) In any rules made under this section His Majesty in Council may directthat any specified rule or rules shall not apply to any particular class offorest produce or to any particular part of Brunei Darussalam.
(4) All rules made under this section shall be published by publicnotification.
Certain rules not to extend to act done within a reserved forest.
53. No rule made under paragraphs (b) , (c) , (d) , (e) , (n) , (w) , (x) and (y) of section 52(2)shall, except as may be expressly provided therein, extend to prohibit, regulateor authorise any act done within the limits of any reserved forest.
Special provisions in favour of natives.
54. Subject to any general provision in any rules made under section52 prohibiting or regulating the cutting and removal of any specified form offorest produce or prohibiting or regulating the cutting and removal of all orany forest produce in any specified locality, nothing in any rules made undersection 52 shall be deemed to prohibit the cutting and removal from State landor, with the permission of the owner, from alienated land by any native ofBrunei Darussalam or by any such other person or class of persons as theMinister may be declaration designate of any timber, atap or other forestproduce which may be necessary for the construction or repair of a dwellinghouse for the permanent abode of himself and his family, for the construction orrepair of temporary huts on any land lawfully occupied by him, for theconstruction or repair of his boats, landing places and fishing stakes, for thefencing of his land, for firewood for his own domestic consumption, or for theconstruction, repair or upkeep of any work for the common benefit of the nativeand other inhabitants of the locality in which he lives to whom the provisionsof this section apply.
Saving of acts done by permission.
55. Nothing in any rule made under section 52 shall be deemed to prohibit any act done with the permission in writing of a forestofficer expressly empowered under section 51 to grant such permission.
Liability of directors etc. [S 29/00]
56. Where a body corporate is guilty of an offence against this Act,every director and other person concerned in the management of the body corporate shall be guilty of the like offence unless he proves that theoffence was committed without his consent or connivance and that he exercisedall such diligence to prevent the commission of the offence as he ought to haveexercised having regard to the nature of his functions in that capacity and toall the circumstances.
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