Forest

Ordinance
-No 16 of 1907 (Amended up to 2009)-

Group No 15
 It is also
There are legal applicable
provisions for to
Forest sustainability construction
Ordinance aspects in terms industry as
No. 16 1907 of environmental well.
and social. Scope
The Ordinance applies to
Forest Ordinance No 16 of
1907 gives rules regulation
to conserve, protect and
manage forests. This
applies to Reserved
Forests, Conserved Forests,
Village Forests, Felling
Timber, Transportation of

Introduction Timber, and Cattle

Trespassing.

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 Features of Forest Ordinance 1907
Chapter Features Chapter Features
▪ Orders declaring forest reserved. ▪ Disposal of unclaimed timber.
2 Declare as "reserved forests" (a) lands resumed by the State
6 ▪ Power of Minister to make regulations and prescribe penalties for
according to the Lands Resumption Ordinance; (b) lands that felling trees.
have been declared to be property of the State; (c) lands that
have been acquired by the State for public purposes.
▪ Variation of limits of conservation forest.
▪ Power of forest officer to stop ways and watercourses in reserved
forest.
▪ Constitution offences of village forests- the Ministry may constitute ▪ Rules applicable on Forfeiture of timber, forest produce.
3 any portion of forest a "village forest" for the benefit of any
7 ▪ Disposal, on conclusion of trial for any forest offence, of timber or
village community or group of village communities. forest produce Appeal from orders.
▪ Acts prohibited in village forest. ▪ Penalty for counterfeiting or defacing marks on trees and timber,
▪ Power of Minister to make regulations for village forests. and for altering boundary marks.
▪ Power of forest officer to prevent commission of offence.
▪ Penalty for Obstructing or assaulting forest officers.
▪ Presumption that timber or forest produce belongs to State.
▪ Precautions to protect reserved trees ▪ Rules and regulations on Cattle Trespass within forests.
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▪ Power of Minister to make regulations- The Minister may make ▪ Appointment of Conservator of Forests.
5 regulations on the protection and conservation of reserved
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forests, as well as the transit of all forest produce by land or
water.
▪ Power of Government Agent to order a definition of boundaries in
certain cases.
▪ Power of forest officer to examine timber in transit.
▪ Inspection of private timber depots and timber yards.
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Applications in Construction Industry
✓ In construction industry, many wood/timber
products are used.
✓ That timber products are usually needed to
produce windows frames, roof structures, and
furniture. However, section 20 (1C) regulates or
prohibits the cutting and transportation of trees
of reserved forests and other forest products.

✓ This is a main application related to the

construction industry from the Ordinance.
✓ In Chapter VII Section 20 (1d), regulates or
prohibits the constructing of houses or huts.

✓ Most of infrastructure projects such as highways,

normal roads, and public buildings such as
hospital and schools are carried out by the
government of Sri Lanka.
✓ Sometimes, even private lands must be bought.
That process must be done with regulations on
Forest Ordinance.
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 Applications in Construction Industry
The 2nd chapter describes several offences in a reserved forest or a conservation forest that make
any person guilty. (section 7 & 7A)
✓ Formation of scaffolding or saw pit inside the forest.
✓ Construction of a permanent or temporary building or road, and inhabits in such an erected building.
✓ Built or uses whatever constructed by himself.
✓ Damaging, alteration or removal of any boundary marks such as walls, embankments and etc.

Chapter 9 describes the powers vested in forest officers.(Section 59)

✓ Power to investigate forest offences.
✓ Power to acquire property under this Ordinance.
✓ Authority to order the release of property or the withdrawal of charges

No forest officers shall be engaged in the sales of timber or forest products or in the leasing or
mortgaging of any forest or any other contracts, without the written permission of the minister.
(Section 62)
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 Examples in Construction Industry
Resettlement Schemes Construction in Wilpattu Park

How Construction Industry Applies To This Case?

▪ Parts of this national park have been destroyed to resettle displaced
people. Several houses and roads are constructed in this park.
▪ Therefore, the construction industry is directly affected by this forest
destruction.

Legal Interpretation of Ordinance

▪ Section 78 interprets the term of “forest offence” in Sri Lanka.
▪ Forest crime and only punishable offences under the Ordinance can be
found as Forest Crime or Forest Offence.

▪ Reserved forest land for re-settlement could

▪ Section 7 prohibits several types of activity in a
have been done only if there had been an
reserved forest including fresh clearing, clearing or
order made by the Minister in terms of
breaking up any land for cultivation, erection of any
section 4(2) of the Forest Ordinance
building whether permanent or temporary or
declaring that the land in dispute is no longer
occupation of such building and constructing any
reserved forest. No such order has been
road.
made.
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 Environmental Sustainability
▪ The Ordinance is forceable to ensure the CONSERVATION , PROTECTION AND MANAGEMENT of forest in
Sri Lanka.

▪ According to Chapter II, the Reserved Forests are declared as Conserved Forests in order to ensure the
environmental sustainability in the event of:

Area of State land which has,

o Unique ecosystems
o Genetic resource
o A habitat of rare and endemic species
of flora, fauna and microorganisms
o Threatened species

▪ Furthermore, these conserved forests are under the control of Conservator of Forests to regulate and
rule the issues relating to conserved forests.

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 Environmental Sustainability

▪ In order to conserve the reserved forests, the below actions are prohibited in the Ordinance to
constraint the depletion of natural resources due to human intervention.

Further legal punishments are implemented to

prevent those acts in those conserved forests.

✓ Conviction to imprisonment for the term

not less than 6 months to 4 years.

✓ A fine not less than two thousand five

hundred rupees and not exceeding twenty-
five thousand rupees or to both such fine
and imprisonment.

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 Social Sustainability
▪ In Chapter III, considering the betterment of people and in order to induce the social sustainability
without harming environment, a new legal provision has been introduced:

▪ Also, this Ordinance does not affect any existing rights of any person in or over any village
forest.

▪ Also, it is also mentioned that the

Minister may make regulations
prescribing the conditions where
community may be benefitted with
timber or any forest product with pasture
without degradation of the environment.

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 ▪ The Forest Ordinance was legislated
in 1907.

▪ It is thereto legislated law relating to

conserve, protect, manage forest and
forest resources.

▪ It also provides legislature to

control of felling and transport
Conclusions timber.

▪ According to Ordinance, there are rules

and laws to govern Reserved Forests,
Conserved Forests, Village Forests and
control the cattle trespassing.

▪ One of the famous case under violating

forest regulations can be identified as
illegal resettlement schemes in Wilpattu
National Park. 10