Draft Law On Forest Preservation In East Timor

The following draft legislation was developed as a training exercise in the application of the “ROCCIPI” methodology. It is only an academic draft and not intended for enactment. It may, however, form the basis for a future draft bill that is more complete and substantial.

THE DEMOCRATIC REPUBLIC OF EAST TIMOR NATIONAL PARLIAMENT ACT NUMBER ….. / 2004 RE FOREST PROTECTION THE NATIONAL PARLIAMENT OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR Considering, (a) Forests are a living resource, which support the life of humans with an ecosystem which regulates ecology and irrigation, prevents erosion and so on. (b) Ironically, these days, many activities both intentionally and unintentionally destroy the forests such as the burning of forests, illegal logging and shifting cultivation resulting in deforestation. (c) Forest protection legislation is required in relation to the forest referred to in clause (a) and (b) above. Bearing in mind, The Constitution of RDTL article 61 and article 95 (1) It has been decided: to amend and replace UNTAET Regulation of 2000 article 19 and article 17 re forest protection, and therefore

To Enact: Act Number 1 of 2004 re Forest Protection as a replacement as follows:

SECTION I GENERAL PROVISIONS Article 1 In this Act the following terms apply: (1) Forest is an entire ecosystem consisting of land which contains living natural resources consisting mainly of trees which cannot be separated from one and other. (2) Forest area is a particular area classified by the government as forest. (3) Forest products are natural and non-natural goods and their derivatives derived from the forest. (4) Government is the Government of the Democratic Republic of East Timor. (5) Minister is the Minister for Agriculture, Fisheries and the Environment who is assigned functions and responsibilities in the forestry sector. SECTION II AIMS OF FOREST PROTECTION Article 2 The aim of forest protection is to ensure preservation of the forest so that it may fulfill its functions in a sustainable manner. SECTION III TYPES AND CONTROL OF FOREST Article 3 2

Based on status and function, forests can be differentiated based on the following types: (1) A forest is an area populated by large and small trees which are fully utilised for the welfare of every person. (2) The state controls all forests within the territory of RDTL, including all natural resources located within them, to be utilised for the welfare of the people. (3) A customary forest is a forest which is legally and or recognised by the state as an area utilised by adat (customary) communities and or adat leaders. (4) A productive forest is a forest whose basic function is to produce forest products. (5) A protected forest is a forest area whose basic function is to support preservation by preventing floods, erosion, seawater leakage, maintain soil fertility and to regulate irrigation. (6) A conservation forest is a forest with special features whose basic function is to preserve the diversity of flora and fauna and the ecosystem. Article 4 a. Control of forests by the state as referred to in clause (a) gives authority to the government to regulate and establish legal relationships between individuals and the forest, and to regulate legal actions regarding the forests. b. The government must consider the rights of adat communities to the use of forests where such communities clearly still exist and their existence is recognised and where it doesn’t conflict with the national interest. SECTION IV PROTECTION AND PREVENTION OF FOREST DESTRUCTION Article 5 3

All people are required to participate in initiatives to prevent and protect the forest and the environment surrounding it. Article 6 (1) All people are forbidden from felling trees within the forest without a permit from the Forestry Unit and approved by the Department of Agriculture. (2) All people are forbidden from taking and collecting forest produce except from protected forest, tourism forest and productive forest areas. (3) All people are forbidden from trade in forest produce except with a permit from the Department of Agriculture. (4) The provisions referred to in clauses (1), (2) and (3) shall be regulated in Central Government Regulations. Article 7 (1). All people are forbidden from engaging in shifting agriculture. (2). All people are forbidden from burning grasses and forest areas except on tilled land. Article 8 (1) Herding of livestock, collection of grasses and other livestock feed from forests except for protected forest and tourism forest areas. (2) The provisions referred to in clause (1) shall be regulated by District Government Regulation. SECTION V THE PROTECTION OF FOREST PRODUCE Article 9 (1) All transportation and sale of forest produce must have a permit from the Department of Agriculture and the Department of Trade and Industry.

4

(2) Provisions regarding the permit referred to in clause (1) shall be regulated by the Minister for Agriculture and the Minister for Trade and Industry. SECTION VI FOREST PROTECTION MANAGEMENT Article 10 (1) The Forestry Unit is responsible for the protection of forests. (2) In implementing forest protection, the Department of Agriculture and the Forestry Unit may appoint and assign Forestry Police. Article 11 (1) Forestry Police are authorised to survey and control the forests, including protected forest, productive forest and conserved forest areas. (2) The Department of Agriculture and the Department of Industry and Trade is authorised in inspect forest products. Article 12 (3) The National Police Force is authorised to conduct inspections and investigations of parties who intentionally or unintentionally engage in the smuggling of forest products domestically or internationally.

SECTION VII CRIMINAL PROVISIONS Article 13 (1) Any person who intentionally or unintentionally violates the provisions of articles (6) and (7) shall be liable to face criminal sanctions. (2) The criminal sanctions referred to in clause (1), such as intentionally or unintentionally destroying or collecting forest products, are,

5

a. Protected and tourism forest areas shall be liable for a maximum prison term of 1 (one) year or a maximum fine of US $ 5.000.00 depending of the severity or mildness of the offence. b. Productive forest areas shall be liable for a 6 (six) month prison term or maximum fine of US $ 1.000.00 (one thousand American dollars). SECTION VIII ADMINISTRATIVE SANCTIONS Article 13. (1) Government agencies and or officers who violate the provisions of article (6) and (7) shall be liable to face administrative sanctions. (2) The administrative sanctions referred to in clause (a) may consist of warnings, demotion and dismissal.

SECTION IX CIVIL SANCTIONS Article 14. Government agencies and or officers who violate the provisions referred to in articles (6) and (7) shall be liable to pay a maximum fine or compensation of US$ 1000 (one thousand American dollars).

SECTION X TRANSFER PROVISIONS Article 15

6

At the time that this Act comes into effect, all legislation on forest protection shall continue to apply, as long as it doesn’t contradict this Act or has not been amended or replaced by this Act.

SECTION XI CLOSING PROVISIONS Article 16 This Act shall come into effect from the date of enactment. Endorsed: date ….. September 2004 President of the National Parliament,

Francisco Guterres ‘Lu-Olo’

Publicised in the State Gazette Date:….September 2004 President of the Democratic Republic of East Timor

Jose Alexandre Gusmao ‘Kay Rala Xanana Gusmao’

7