Section 1

72 Forests [Gazetted 5th June, 2010.] 1. These Regulations may be cited as the Interpretations. 2. In these Regulations“conifer” includes coniferous trees of any indigenous species, and coniferous trees which have been introduced into Belize; “convert” means the process of transforming a round log of any size by means of a sawing mechanism such as a circular saw, band saw, chainsaw or similar apparatus or squaring a log for the purpose of utilizing the squared log as a post but does not include primary breakdown by squaring into a flitch or a cant for the purposes of de-barking or de-slabbing; “Department” means the Forest Department in the Ministry with responsibility for forests; “flitch” means a single cant or a single squared log which is the result of the primary breakdown of a round log for the purposes of de-barking or de-slabbing and which is subject to secondary breakdown into lumber at a later time; “hardwood” means primary, secondary or tertiary hardwoods as categorized in the First Schedule from which lumber is derived; Forests 73 “license” means a license specified in rule 5 of the Forest Rules. Sub. Leg. “lumber” means a piece of wood with specific dimensions which is the result of secondary breakdown of a flitch or cant; “permits” means a chainsaw permit issued under regulation 5. Restriction on conversion of certain species without permit. First Schedule. 3. No person shall convert any species of hardwood or conifer as specified in the First Schedule into lumber without first having obtained a license in accordance with rule 5 of the Forest Rules. Restriction on conversion using chainsaw. 4. A person shall not convert any species of hardwood or conifer into lumber by the use of a chainsaw or any of its modifications, unless that person is granted a permit pursuant to regulation 5. Chainsaw permit. Second Schedule. 5.–(1) A person desiring to convert any species of hardwood or conifer into lumber by the use of a chainsaw or any of its modifications shall apply to the Chief Forest Officer for a permit, on the form set out in the Second Schedule. (2) The Chief Forest Officer may grant a permit in the form set out in the Third Schedule for the conversion of trees into lumber by the use of a chainsaw or any of its modifications in the following instances onlyThird Schedule. (a) where the person already have a sustainable yield license pursuant to rule 5 of the Forest Rules to fall trees issued to a small-scale community forestry operation; (b) where the person already have a petty permit issued pursuant to rule 5(1)(d) of the Forest Rules and intend to fall trees for the purpose of utilizing the lumber for domestic use; 74 Forests (c) where the person already have a forest license pursuant to rules 5(1)(a) or (b) of the Forest Rules and intend to fall trees where topographical barriers or other natural barriers in the land block the movement of extraction machinery to a particular tree or trees which are situated on terrain otherwise suitable for logging. (3) Notwithstanding subregulation (2), the Chief Forest Officer may issue permit where in his discretion the interest of forest management and sustainable development shall not be compromised. (4) The application under subregulation (1) shall be accompanied by the relevant fee as set out in the Fourth Schedule. (5) A permit granted pursuant to this regulation is– (a) non-transferrable; (b) subject to terms and conditions determined by the Chief Forest Officer. (6) The Chief Forest Officer may in his discretion, where it is feasible to do so, on application by------------ [the Chairperson of that village or community] approve Community permit for the conversion of hardwood to lumber by means of chainsaw. Restriction on transportation of lumber. 6.–(1) Where a permit is granted under regulation 5, the holder of the permit shall not transport the lumber by motor vehicle, water vessel, or by any mechanically or animal powered means unless written permission is granted under subregulation (2). Second Schedule (2) A person desiring to transport lumber shall apply to the Chief Forest Officer on the form set out in the Second Schedule Forests 75 for written permission to transport lumber and shall submit the following information– (a) the manner or means of transporting the lumber; (b) the license plate number of the means of conveyance to be utilized in transporting the lumber; (c) the name(s) of the driver(s) who shall be responsible for transporting the lumber; (d) approximate volume of lumber intended to be transported; (e) the volume of lumber in relation to the means or mode of transportation being utilized; (f) the intended destination; (g) any other relevant information which the Chief Forest Officer may require. (3) The Chief Forest Officer shall consider an application submitted pursuant to subregulation (2) in the most expeditious manner. (4) Where permission to transport lumber has been granted, a person shall ensure sure that lumber being transported is not concealed but is clearly visible or readily available for inspection purposes. 7.–(1) A licensee pursuant to regulation 3 (rule 5 of the Forest Rules) shall not use a guide or any of its modifications to aid in the conversion of the lumber unless written permission is granted under subregulation (2). Restriction on use of guides. 76 Forests (2) A person desiring to use a guide or any of its modifications to aid in the conversion of hardwood or conifer into lumber shall apply on the form set out in the Second Schedule to the Chief Forest Officer for written permission to do so. Use of chainsaws under permit or otherwise. 8.–(1) Where a permit is granted under regulation 5, the holder of that permit shall present each chainsaw to be used under that permit to the Chief Forest Officer for inspection. (2) Subject to subregulation (1), no chainsaw other than the chainsaw specified on the permit shall be used under that particular permit. (3) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of fifty dollars for each such chainsaw used. (4) In addition to the penalty imposed under subregulation (3) the holder of the permit is liable to the cancellation of the permit. Lumber to be marked. 9.–(1) The holder of a permit shall ensure that prior to transporting from the site of conversion, the lumber converted by means of a chainsaw bears the property mark of the permit holder on both cross-sectional faces of each piece of lumber. (2) The holder of a permit shall ensure that lumber converted by means of a chainsaw bears the hammer mark of the Forest Department before the lumber is removed from the site of conversion. Royalty. Sub. Leg. 10. Royalty shall be assessed under the appropriate felling permit and on the appropriate true cylindrical volume in accordance with rule 15 of the Forest Rules. Cancellation of permits. 11. The Chief Forest Officer may cancel a permit issued under regulation 5 where the holder of permit fails to comply with Forests 77 these Regulations or with the terms and conditions of a permit granted under regulation 5. General penalty 12.–(1) A person who fails to comply with these Regulations for which no penalty is assigned, commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for twelve months or to both such fine and imprisonment. (2) In addition to any penalty imposed under these Regulations, lumber together with any tools, machinery or equipment produced or used in contravention of these Regulations is liable to forfeiture. Repeal. S.I.49 of 1992. 13. The Forest (Protection of Trees) Regulations are revoked. Commencement. 14. These Regulations come into force on signature. MADE by the Minister responsible for Natural Resources this 17th day of May 2010. Deputy Prime Minister and Minister of Natural Resources and the Environment Minister responsible for Forests 78 Forests (Regulations 2, 3) Primary Hardwoods Botanical Name English-Local Name Swietenia machrophylla Mahogany Cedrela mexicana Cedar Dalbergia stevensonii Rosewood Cordia dodecandra Ziricote Tectona grandis Teak Secondary Hardwoods Botanical Name English-Local Name Pithecellobium arboreum Barbajolote Cordia alliodora Salmwood Xanthoxylum spp. Prickly Yellow Pithecellobium spp. Tambran Tertiary Hardwoods All other species not listed as Primary or Secondary Hardwoods or Conifers. Conifers Trees in the Pinaceae Family Forests 79 (Regulations 5(1), 6 & 7) NB：Incomplete application and applications not accompanied by relevant documentation will not be considered. The applicant may be required to produce certified copy of any perquisite license. This application is accompanied by a fee of $________. To: Chief Forest Officer Date: ____________ SECTION I (Official Use only) Falling Permit # Date: Chainsaw Permit Granted Yes No Chainsaw Permit #:_____ Date _____ Guide Permission Granted Yes No Date ____________ Transportation Permission Granted Yes No Date ____________ Signature of Approving Officer (affix stamp here) 80 Forests SECTION II (Applicant Information) Name of Applicant: Address: I declare that the information supplied herein are true. Signature of Applicant Date SECTION III (Request for Chainsaw permit) Area where tree(s) is/are located: Quantity: Type(s) of Tree(s). When will the tree be converted? Who will convert the tree? Intended Use of Lumber Model and Serial Number of the Chainsaw(s) Reason for Applying Forests 81 SECTION IV(Permission to use Chainsaw guide) Will a chainsaw guide be used? Yes No (Chief Forest Officer, 1 need to know what is a guide and what other details maybe necessary here. SECTION V (Request for permission to transport) Will the lumber need to be transported? Yes or No (if ‘No, ignore the following) Means of transportation: License number of the means of conveyance: Name of Driver(s): Driver's license number: Approximate volume of lumber to be transported. Volume of lumber to means of transportation Intended destination: Other information: 82 Forests Chainsaw Permit#________ of 20______ Name and Address of Permit Holder: Permission is hereby granted to of __________to convert________into lumber with a chainsaw(s) ___________ number of tree(s). The aforementioned tree(s) being felled under Sustained Yield License/Petty Permit/Forest License # _______ of 20____ applicable to _________ lands situated in the ___________area of ___________ district, under the following conditions– (1) This Chainsaw Permit is valid for _________only. (2) The holder of the felling permit namely__________ hereby give permission to__________ to convert said trees (if the two are not the same person). (3) This Chainsaw Permit does not authorize the transportation of chain sawn lumber. A separate Forests 83 transportation permit must be obtained in accordance with the Regulation 6 in order to transport lumber from site of conversion. (4) This Chainsaw Permit does not authorize the use of a guide or other modifications to a chainsaw. A separate guide permit must be obtained in accordance with Regulation 7 in order to use a guide hereunder. (5) The Chainsaw Permit is valid for the period__________ 20______to __________20_____. (6) This Chainsaw Permit is non-transferable. (7) A fee of $______ (_______) has been paid vide RCR#________ dated _________ 20___. (8) An Officer of the Forest Department must inspect and approve lumber by stamping with a Forest Department hammer all lumber this permit before the lumber is removed from the site of conversion in accordance with regulation 9. (9) All lumber under this permit shall bear the property brand mark of the permit holder on both cross-sectional faces prior to the lumber being moved from the site of conversion, where this permit was issued in pursuance of regulation 5 (a) and (c). (10) Only chainsaw(s) possessing the following model and serial number(s) shall be used in conjunction with this permit. Chainsaw(s) model number(s)__________ and serial number(s)_________. 84 Forests (11) Failure to abide by any of the conditions stated hereon may lead to the cancellation of this permit by the Chief Forest Officer. Permit Issued by: Date Inspected and stamped by: Not Valid Beyond Date (A) Permission to transport lumber granted: YES or NO Valid for the period: ____________________________ Valid for the following transportation means:_________ Date (B) Permission to use a guide in conjunction with this Chainsaw Permit granted: YES or NO Valid for the period:__________________ Valid for the following specific guide modifications: ____________________________________. Forests 85 Date Officer in Charge of the ________________ Range File. 86 Forests 1. Citation 2. Prohibition on export of wild animals, etc., without permit. 3. Export duty. 4. Penalty.