Section 52
of Forest Act
Section 52
(1)
The Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, may make rules to carry out the objects and purposes of this Act.
(2)
In particular and without prejudice to the generality of the foregoing power, such rules may —
(a)
regulate or prohibit the kindling of fires on State land and prescribe the precautions to be taken to prevent the spreading of fires;
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(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 of charcoal;
(d)
regulate the free grant, or the grant at reduced rates, of forest produce;
(e)
regulate by licensing or otherwise the sale, purchase or storage of forest produce;
(f)
prohibit any dealings in specified kinds of forest produce and make it an offence to be found in possession thereof;
(g)
prescribe the routes by which alone forest produce may be imported into, exported from or moved within Brunei Darussalam;
(h)
regulate or prohibit, either absolutely or conditionally, the export from or the import into Brunei Darussalam of any forest produce or 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 the sea-shore or any river bank, prohibit the loosening or setting adrift of such timber by any person not the owner thereof or not acting on behalf of the owner or of the Government;
(k)
provide for the stoppage, reporting, examination and marking of forest produce in transit;
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(l)
establish checking stations to which forest produce is to be brought by the person in charge of it for examination or for the realisation of money due to the Government in respect thereof or in order that a mark may be affixed thereto for the purposes of this Act, and prescribe the conditions under which forest produce is to be brought to, detained at, and removed from such checking stations;
(m)
provide for the management and control of such checking stations;
(n)
prohibit, absolutely or subject to conditions, either generally or within specified limits, the establishment of saw-mills and saw-pits, the converting, cutting, burning, concealing or marking of timber, the altering or effacing of any property marks on the timber, and the possession of marking hammers or other implements used for marking timber;
(o)
regulate the use of marks for timber and the registration of such marks, 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 and limit the number of such marks which may be registered by any one person;
(p)
provide for the issue of licences to be in possession of marking hammers;
(q)
regulate the collection and disposal of timber mentioned in section 43;
(r)
regulate the manner of publication of public notice under section 44;
(s)
declare by what forest officer or class of forest officers the powers or duties conferred or imposed by or under this Act or any rules made under this section are to be exercised or performed;
(t)
(deleted by S 47/2007);
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(u)
regulate the rewards to be paid to officers and informers from the proceeds of fines and confiscations under this Act or under any rules made under this section or from the Treasury;
(v)
prescribe the manner of notifying instructions of the
Director under section 26(i);
(w)
prescribe the fees, royalties and payments for forest produce, and the manner in which such fees, royalties or other payments are to be levied, whether in transit or partly in transit or otherwise;
(x)
prescribe fees for passes under paragraph (i), for registration of marks under paragraph (o) and for licences issued under this Act or under any rule made under this section;
(y)
generally prescribe fees payable under this Act or under any rule made under this section;
(z)
prescribe forms to be used under rules made under this section;
(za) prescribe the penalties with which the contravention of any rules made under this section shall be punishable, but so that such penalties shall not exceed those prescribed by section 28;
(zb)
provide for the management of recreational forests and national parks;
(zc)
regulate the establishment and development of forest plantations, including the choice of species and sites to be planted;
(zd)
regulate the use of any road situated within a reserved forest by motor vehicles through the issuance of road permit and prescribe the fees to be charged;
(ze)
regulate or prohibit the entry of potentially harmful exotic species, including pests and disease;
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(zf) regulate or prohibit wilful trespass in any manner in or upon any State land;
(zg)
regulate the procedures for bio-prospecting and the export of forest genetic materials, as well as the schedule of fees and royalty to be charged;
(zh)
regulate the management and protection of traditional forest related knowledge in relation to intellectual property rights;
(zi) prescribe the terms and conditions, including fees, rents, and payments, for use of or occupation of lands in reserved forests;
(zj) prescribe any matter required to be prescribed under this
Act.
(3)
In any rules made under this section, the Minister may direct that any specified rule or rules shall not apply to any particular class of forest produce or to any particular part of Brunei Darussalam.
(4)
All rules made under this section shall be published by public notification.
Certain rules not to extend to act done within reserved forest.