Forest Act, 2019

Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Forest Act, 2076".

(2) This Act shall come into force on the eighth day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Trophy" means the living or dead body of a wildlife or any part of its body that can be identified, and the word also denotes any substance from the body of a wildlife or any object prepared from a mixture of such substance.

(b) "Inter-Provincial Forest" means a national forest that extends across more than one province, is geographically and naturally connected, and is ecologically interrelated.

(c) "Consumer Group" means a consumer group formed pursuant to Section 31 for the conservation, promotion, management, and utilization of a forest.

(d) "Leasehold Forest" means a national forest managed pursuant to Section 26.

(e) "Non-Timber Forest Product" means all goods of biological origin, including herbs and wildlife or wildlife trophies, other than timber and firewood produced from trees located in a forest or originating from a forest or produced from trees outside a forest.

(f) "Mark" means a stamp, sign, or symbol affixed to timber or standing trees.

(g) "Division Forest Office" means a Division Forest Office under the Provincial Government.

(h) "Divisional Forest Officer" means the head of a Division Forest Office appointed by the Government of Nepal pursuant to prevailing law.

(i) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(j) "Religious Forest" means a national forest entrusted pursuant to Section 28.

(k) "Private Forest" means a forest planted, raised, or conserved on private land owned by any person pursuant to prevailing law.

(l) "Province Forest Director" means the head of the Province Forest Directorate.

(m) "National Forest within a Province" means a national forest within the concerned province, separate from an inter-provincial forest.

(n) "Province Ministry" means the ministry of the provincial government dealing with forest matters.

(o) "Ministry" means the Ministry of Forests and Environment of the Government of Nepal.

(p) "National Forest" means a Government Managed Forest, Forest Conservation Area, Community Forest, Partnership Forest, Religious Forest, Leasehold Forest, National Forest within a Province, or Inter-Provincial Forest.

(q) "Forest" means an area wholly or partially covered by trees or shrubs.

(r) "Forest Produce" means the following produce located in, found in, or brought from a forest:-

(1) Timber produce,

(2) Non-timber forest produce, or

Amended by the Act to Amend Some Nepal Acts Relating to Investment Facilitation, 2081.(3) Rocks, stones, and soil.

(s) "Forest Conservation Area" means a forest conservation area declared pursuant to Section 15.

(t) "Forest Boundary Mark" means posts or signboards of wood, stone, cement, or any other object placed to demarcate the boundary of a national forest, and the word also denotes forest boundary marks marked on a map prepared after land survey and measurement pursuant to prevailing law.

(u) "Forest Management Regime" means the regime adopted for the management of a national forest.

(v) "Forest Area" means an area occupied by grassland, pasture, snow-covered or non-snow-covered barren mountain, road, pond, lake, wetland, river, stream, riverbed, fallow or public land, surrounded by or within a forest that is within or outside forest boundaries, excluding private ownership rights and as otherwise provided by prevailing law.

(w) "Environmental Screening" means Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA) conducted pursuant to prevailing law.

(x) "Environmental Services" means the services obtained from the ecological system of a forest area and the benefits derived therefrom as follows:-

(1) Carbon services,

(2) Conservation of biological diversity,

(3) Watershed and water cycle system,

(4) Ecotourism,

(5) Other goods, services, and benefits as prescribed.

(y) "Department" means the Department of Forests and Soil Conservation under the Ministry.

(z) "Government Managed Forest" means a national forest managed by the Government pursuant to Section 14.

(aa) "Armed Forest Guard" means an armed forest guard holding various positions in the Armed Forest Guard Service formed pursuant to Section 46.

(ab) "Partnership Forest" means a national forest managed in partnership among the Division Forest Office, the local level, and forest users pursuant to Section 23.

(ac) "Community Forest" means a national forest handed over to a consumer group pursuant to Section 18.

(ad) "Local Level" means a Rural Municipality or a Municipality.