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Lighting of Fires (Restriction) Act (Act 2 of 1940)

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This is the latest version of this legislation commenced on 30 Jun 2012.

Seychelles

Lighting of Fires (Restriction) Act

Act 2 of 1940

  • Commenced on 20 July 1940

  • [This is the version of this document at 30 June 2012.]


[Act 2 of 1940; Act 2 of 1952; Act 34 of 1967; SI. 95 of 1975; SI. 104 of 1975; SI. 72 of 1976; Act 23 of 1976]


1. Short title

This Act may be cited as the Lighting of Fires (Restriction) Act.

2. Definition

In this Act unless the context otherwise requires—"Agricultural Appeals Tribunal" means the Agricultural Appeals Tribunal constituted and acting in accordance with section 9 of the Agriculture Act, and the regulations (if any) made thereunder which section and regulations shall, subject to the provisions of the Act and any regulations made thereunder, apply mutatis mutandis to an appeal under this Act;"tree" includes palms, timber, shrubs, brushwood, bushes of all kinds, seedlings, saplings and re‑shoots of all ages, all wood whether cut up or fashioned for any purpose or not, and any part of a tree, whether dead or alive;"protected area" means any area or any part thereof declared by proclamation to be a protected area.

3. Declaration of protected area

The Minister if satisfied that it is necessary and expedient to regulate the lighting of fires in any area in Seychelles may by order declare that area to be a protected area for the purposes of this Act.

4. Prohibition on lighting fires

No person shall light or cause or authorise to be lighted a fire or charcoal pit in any forest, plantation or field in a protected area for any purpose whatsoever unless he holds a written permit, hereinafter referred to as a burning permit, from the Chief Agricultural Officer or any person duly authorised by him in writing authorising him to do so.

5. Removal and panting of trees in burnt area

In the event of a fire or charcoal kiln being lit in a protected area with or without a burning permit, which results in any tree being destroyed, no person shall without permission from the Chief Agricultural Officer or any person duly authorised by him in writing, remove or cause or authorise to be removed any tree from the burnt area, or replant the land except as authorised by the Chief Agricultural Officer or any person duly authorised by him in writing.

6. Permit

(1)A burning permit shall be in the form set out in the schedule hereto.
(2)It shall be in the discretion of the Chief Agricultural Officer or any person duly authorised by him in writing to grant, cancel, refuse or restrict a burning permit:

Provided that any person feeling aggrieved by the decision of the Chief Agricultural Officer or any person duly authorised by him in writing may appeal to the Agricultural Appeals Tribunal whose decision shall be final.

7. Penalty

Any person found guilty of an offence under section 4 or 5 shall be liable on conviction to a fine not exceeding one thousand rupees and imprisonment not exceeding one year.


Schedule

Form of burning permit granted under section 6 of the Lighting of Fires (Restriction) Act

District ________________________________ Place ___________________________________________________________________ residing at the above mentioned place is hereby permitted to burn on his property situate at _______________________________________________________________________________________________This permit is valid for a period of one month.____________________________Chief Agricultural Officer or any person duly authorised by him in writing.Place ____________________________Date ____________________________