Related documents
- Is amended by Forest Amendment Act, 2005
- Is commenced by Commencement of Forest Act, 2001
- Amends Soil Conservation Act, 1969

Forest Act, 2001
Act 12 of 2001
- Published in Government Gazette no. 2667 on 21 December 2001
- Assented to on 6 December 2001
- Commenced on 15 August 2002 by Government Notice of 2002
- [This is the version of this document from 28 December 2005 and includes any amendments published up to 6 October 2022.]
- [Amended by Forest Amendment Act, 2005 (Act 13 of 2005) on 28 December 2005]
Preliminary
1. Definitions
In this Act unless the context otherwise indicates -“authorised officer” means a forest officer, an honorary forest officer, a licensing officer or a member of the police appointed under the Police Act, 1990;“chief” means a chief as defined in section 1 of the Traditional Authorities Act, 1995 (Act No. 17 of 1995);[The Traditional Authorities Act 17 of 1995 has been replaced by the Traditional Authorities Act 25 of 2000.]“classified forest” means a forest reserve, a community forest or a forest management area;“communal land” means land which, in terms of any law which governs communal land, is defined or recognised as communal land;“community forest” means an area which, under section 15, has been declared to be a community forest;“Council” means the Forestry Council established by section 2;“Director” means the Director of Forestry appointed under section 7;“fire hazard area” means an area which, under section 39, has been declared to be a fire hazard area;“fire management area” means an area which, under section 36, has been declared to be a fire management area;“fire management committee” means a committee established by section 36;“fire management plan” means a plan approved under section 37,[This definition ends with a comma instead of a semicolon in the Government Gazette; there are no missing words.]“forest management area” means an area which is the subject matter of an agreement entered into under section 16;“forest officer” means the Director or any person who, under section 7, has been appointed as a forest officer;“forest produce” means any thing which grows or is naturally found in a forest and includes -(a)any living organism or product of it; and(b)any inanimate object of mineral, historical, anthropological or cultural value;“forest reserve” means a state forest reserve or a regional forest reserve;“honorary officer” means any person who, under section 8, has been appointed as an honorary forest officer;“licensing officer” means a forest officer or a person who, under section 9, has been designated or appointed as a licensing officer;“local authority council” means a local authority council defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“management authority” means the person who or body which has been appointed as the management authority in terms of an order made under section 13(5)(b) or an agreement entered into under section 13(5)(a), 14(4), 15(1) or 16;“management plan” means a management plan prepared under section 12 for a classified forest;“Minister” means the Minister responsible for forestry;[definition of “Minister” substituted by Act 13 of 2005]“Ministry” means the Ministry charged with the administration of affairs relating to forestry;[definition of “Ministry” substituted by Act 13 of 2005]“prescribe” and its derivatives, means prescribe by regulation made under section 48;“protected area” means an area which, under section 21(3), has been declared to be a protected area;“protected plant” means a plant declared as such under section 22(5);“regional council” means a regional council established by the Regional Councils Act, 1992 (Act No. 22 of 1992);“regional forest reserve” means an area which, under section 14, has been declared to be a regional forest reserve;“state forest reserve” means an area which, under section 13, has been declared to be a state forest reserve; and“traditional authority” means a traditional authority established by section 2 of the Traditional Authorities Act, 1995 (Act No. 17 of 1995).[The Traditional Authorities Act 17 of 1995 has been replaced by the Traditional Authorities Act 25 of 2000.]Part I – Administration
2. Establishment of Forestry Council
3. Functions of the Council
The functions of the Council are to advise -4. Tenure and vacation of office
5. Administration and finance
6. Procedure and meetings
7. Director of forestry and forest officers
8. Honorary forest officers
9. Licensing officers
Part II – Forest management
10. Aim of forest management
11. Duties of Director in relation to forestry management
12. Forest management plans
Part III – Classified forests
13. State forest reserves
14. Regional forest reserve
15. Community forests
16. Forest management areas
17. Revocation of state forest reserve
18. Revocation of regional forest reserve
19. Revocation or suspension of community forest
20. Revocation or suspension of a forest management area
Part IV – Protection of the environment
21. Protected areas
22. Protection of natural vegetation
23. Control over afforestration and deforestation
[The word “afforestation” is misspelt in the Government Gazette, as reproduced above.]Part V – Use of forests and forest produce
24. Control over forests and forest produce
25. Honey producing organisms
26. Allowable harvest
Subject to a relevant management plan, the Director shall determine the quantity of forest produce for which a licence may be issued in any a forest reserve or a community forest and the maximum quantity of forest produce which may be harvested under section 24 (3).[The phrase “any a” is obviously incorrect, but it is not clear if the intended language was “any forest reserve” or “a forest reserve”.]27. Licence to harvest
28. Licence to graze or carry on agricultural activity
29. Licence to carry on mining activity
30. Licence to construct roads or buildings
31. Community forests
The management authority of a community forest may, in accordance with the relevant agreement entered under section 15, dispose of forest produce from the community forest or permit the grazing of animals, the carrying out of agricultural activity or the carrying out of any other lawful activity in the relevant community forest.[The word “into” appears to have been omitted in the phrase “entered under section 15”.]32. Forest management areas
33. Unclassified forests
34. Suspension and cancellation of licences
35. Collection of fees
Part VI – Control and management of fire
36. Fire management areas
37. Fire management plan
38. Fire management
39. Fire hazard areas
40. Prohibition on fires
41. Liability for fire damage
42. Control of fires
Part VII – Offences and enforcement
43. Powers of officers
44. Powers in relation to stray animals
45. Offences
46. Additional penalties
After a court has convicted a person under this Act, it may in addition to imposing the penalty provided for in this Act, order that -Part VIII – General
47. Appeals
48. Regulations
49. Repeals, amendments and savings
50. Short title and coming into operation
This Act is called the Forest Act, 2001 and it shall come into operation on a date to be fixed by the Minister by notice in the Gazette.History of this document
28 December 2005 this version
Amended by
Forest Amendment Act, 2005
15 August 2002
Commences.
21 December 2001
Published in
Government Gazette number 2667
06 December 2001
Assented to.
Cited documents 10
- Council of Traditional Leaders Act, 1997
- Criminal Procedure Act, 1977
- Local Authorities Act, 1992
- Mental Health Act, 1973
- Minerals (Prospecting and Mining) Act, 1992
- Nature Conservation Ordinance, 1975
- Public Service Act, 1995
- Regional Councils Act, 1992
- Soil Conservation Act, 1969
- Traditional Authorities Act, 1995
Documents citing this one 18
- Namibia Government Gazette dated 2001-12-21 number 2667
- Namibia Government Gazette dated 2002-08-15 number 2793
- Namibia Government Gazette dated 2005-12-28 number 3564
- Namibia Government Gazette dated 2006-02-14 number 3590
- Namibia Government Gazette dated 2010-08-20 number 4547
- Namibia Government Gazette dated 2012-02-06 number 4878
- Namibia Government Gazette dated 2013-03-08 number 5145
- Namibia Government Gazette dated 2015-08-03 number 5801
- Namibia Government Gazette dated 2018-10-24 number 6742
- Namibia Government Gazette dated 2018-10-24 number 6743
- Namibia Government Gazette dated 2019-02-15 number 6844
- Namibia Government Gazette dated 2022-02-01 number 7736
- Namibia Government Gazette dated 2022-06-15 number 7828
- Namibia Government Gazette dated 2022-06-24 number 7836
- Namibia Government Gazette dated 2022-09-15 number 7904
- Namibia Government Gazette dated 2022-12-15 number 7979
- New Force Logistics CC v Anti-Corruption Commission (HC-MD-CIV-MOT-GEN 1 of 2018) [2018] NAHCMD 28 (14 February 2018)
- Soil Conservation Act, 1969