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

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 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

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 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.

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(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,

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 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

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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’