COMMUNITY FOREST MANAGEMENT

The following section is taken from the FOREST ACT of ZAMBIA

29. (1) A community forest management group may be formed
    by a group of persons who are—
    (a) members of a village in or near a forest;
    (b) managing a forest or part of a forest; or
    (c) desirous of managing a forest or part of a forest.
    (2) A community forest management group shall be formed
    for the purpose of communal control, use and management of a
    forest.
    (3) A community forest management group shall be guided by
    the following principles:
    (a) persons living in close proximity to or deriving their
    livelihood from or having strong traditional ties to the
    forest shall be given an opportunity to join a community
    forest management group;
    (b) the purposes for which the community forest management
    group is formed shall be implemented to promote
    sustainable management of forest ecosystems and
    biological diversity;
    (c) the purposes for which the community forest management
    group is formed shall be explained to all persons wishing
    to join the community forest management group;
    (d) the management of the community forest management
    group, the management of any funds and the selection
    of the leaders of the community forest management
    group shall be based on transparency, fairness,
    impartiality and non-discrimination;
    (e) members of a community forest management group shall
    be encouraged to participate in the management of the
    community forest management group; and
    (f) the procedures for membership of the community forest
    management group or guidelines regulating the conduct
    of members of the community forest management group
    shall be based on, and conducted in accordance with,
    the principles of natural justice.
    (4) The Director may provide assistance to persons living in
    the vicinity of, or deriving their livelihood from, a forest to form a
    community forest management group to manage a forest.
30. (1) A group of persons living in the vicinity of a forest
    may apply to the Director for recognition as a community forest
    management group with the consent of the Chief of the area in
    which the forest is located.
    (2) The Director may, within twenty-one days of receipt of
    an application under subsection (1), recognise a group of persons
    as a community forest management group if the group of persons—
    (a) is recognised within the community which is within or
    adjacent to a local forest; and
    (b) derives their livelihood from the forest.
    (3) The Director shall, in determining whether to accord
    recognition to a group of persons under this section, take into account
    the principles set out in section twenty-nine.
    (4) The Director shall, where the Director refuses to recognise
    a group of persons as a community forest management group under
    this section, notify the group of persons, in writing, within fourteen
    days from the date of such refusal and give the reasons therefor.
    (5) A group of persons which is aggrieved by the decision of
    the Director may, within thirty days from the date of receipt of the
    decision of the Director, appeal to the Minister.
    (6) A group of persons which is aggrieved by the decision of
    the Minister may, within thirty days from the date of receipt of the
    decision, appeal to the High Court.
31. (1) A community forest management group recognised
    under section thirty may apply to the Director, in the prescribed
    manner and form, to enter into a community forestry agreement
    with the Department in respect of an area or forest for which the
    community forest management group is formed.
    (2) The Director shall, in considering an application under
    subsection (1), after consultation with the Chief and the local
    authority in respect of an area or forest for which the community
    forest management group is formed—
    (a) establish whether or not there is any other group of persons
    which intends to enter into a community forestry
    agreement or has made an application in respect of the
    same forest;
    (b) consult any other Government Ministry, department or
    body which has an interest in the matter; and
    (c) evaluate the suitability of the forest for community forestry
    management in comparison with the current or potential
    uses of the forest.
    (3) The Minister may, by statutory instrument—
    (a) prescribe the content, terms and conditions of community
    forestry agreements; and
    (b) designate an area or forest in respect of which a community
    forestry agreement is concluded.
    (4) A community resource board may apply to the Director to
    enter into a community forestry agreement in accordance with
    subsection (1), and sections thirty-two to thirty-four shall apply as
    if the community resource board were a community forest
    management group.
    (1) A community forest management group that is party
    to a community forestry agreement for a community forest shall—
    (a) protect, conserve and manage the community forest or
    part thereof pursuant to the community forestry
    agreement and the management plan for the community
    forest;
    (j) development of community forest wood and non-wood
    based industries; and
    (k) any other benefits which may be agreed upon between
    the community forest management group and the
    Director.
    (3) The Director may, in consultation with the Minister—
    (a) provide information, training advice and management and
    extension services for community forestry management;
    (b) establish and maintain nurseries and other facilities to
    provide seed and plants for community forestry
    management; and
    (c) provide material or financial assistance for community
    forestry management, including recovery from disaster
    where such assistance is not available from any other
    institution.
32. (1) A community forest management group may, with the
    approval of the Minister, assign any or all its rights under a
    community forestry agreement to any other person or group.
    (2) A community forest management group which intends to
    assign any or all of its rights under a community forestry agreement
    shall apply to the Minister in the prescribed manner and form.
33. (1) The Minister may, in consultation with the Director,
    terminate a community forestry agreement or withdraw a particular
    user right if—
    (a) the community forest management group breaches a term
    or condition of the community forestry agreement;
    (b) the termination is necessary for purposes of protecting
    and conserving biodiversity; or
    (c) the local community applies for the termination.
    (2) Where the Minister intends to terminate a community
    forestry agreement or withdraw a particular user right on any of
    the grounds set out in paragraph (a) or (b) of subsection (1), the
    Minister shall give the community forest management group thirty
    days, written notice to show cause why the community forestry
    agreement should not be terminated or the user rights withdrawn.
    (3) A community forest management group which is aggrieved
    by the decision of the Minister may, within thirty days of the service
    of the decision of the Minister, appeal to the High Court.
    (4) Nothing in this section shall be construed as limiting the
    grounds on which a community forestry agreement may be
    terminated.
    (5) Where a community forestry agreement is terminated, the
    Department shall resume the responsibility of protecting, conserving
    and managing the community forest affected, and any benefits
    conferred on the community forest management group shall cease.
34. The Director shall keep or cause to be kept a register of
    all community forestry agreements entered into under this Part.