PESHAWAR: The Khyber Pakhtunkhwa Forest (Amendment) Bill, 2022, was passed by the provincial assembly on Friday to extend the existing Forest Ordinance, 2002, with amendments to tribal districts for the regulation and management of the local forests.

Under the amended act, Schedule III has been included in the existing forest ordinance that shall apply to tribal districts for a period of 10 years.

The existing forest resources have been divided in several categories, including forests, private forests, jointly managed communal forests and socially managed forests.

A senior official said that the forest department had been given management role to regulate and protect forests in tribal districts and the department concerned would carry out plantation and other activities for the conservation of forests.

Opposition MPA raises objection, asks why certain exemptions for ex-Fata and not Malakand

Under the amended act he said ownership of the forests including natural forests in the erstwhile Fata would lie with the local tribes and communities.

“The forest department will provide technical support to the local communities for the better management of the forests and will carry out plantation,” he said, adding that the amended act based on the local customs and traditions of the tribes.

Sources insisted that the amended act was designed after taking all stakeholders, including tribal elders and communities, on board.

They said that jirgas were organised in all tribal districts and consultations were held with stakeholders.

Former Fata was merged with the Khyber Pakhtunkhwa through a constitutional in 2018; however, the forest ordinance was not extended to the area.

Prior to the merger, local tribes protect forests through local customs like Bandahr, Salwaishtai and Quomi-Tarun.

MPA of the opposition Muttahida Majlis-i-Amal Inayatullah Khan expressed reservations about the amendment and asked environment minister Syed Ishtiaq Urmer to explain ‘crux’ of the amendment before its passage.

He said the people of Malakand division had also some forest-related issues, so the relevant minister should give reasons for granting certain exemptions to tribal districts and not Malakand.

The lawmaker also said if the government decided to declare an area the national park, it should also specify how the park would help protect the rights of the local communities.

The minister told the house that the basic aims of the amendments to the forest ordinance were to enhance fines for different forest related offences in the province, control violations of the act, and protect forest resources.

Section 3 of the Schedule III reads, “The ownership of the forests, private forests, jointly managed communal forests and socially managed forests shall vest with the individual concernedor local communities, Quoam, Khels, Sub-Khels etc, as per taqsim.

However, they shall be managed in a collaborative manner through Joint Forest Management Mechanism or local traditional committees by the relevant individual, families or community/communities and the department as per provision of this schedule.”

According to Section 4, the government may also regulate and manage any or all forests, private forests, jointly managed communal forests and socially managed forests or wastelands and watershed areas, which are owned by private persons, individually or jointly, and which is not the property of the government or over which the government has no proprietary rights.

The new law says illicit cutting, sawing, converting, obtaining, storing, selling, transporting, removal of trees and timber and the collection, manufacture and removal of forest produce from these forests and the use of any tools, implements, carriages, boats, vehicles, pack-animals, conveyances, power saw and sawing unit will be prohibited in all categories of forests mentioned in Schedule III.

According to the new law any person, who violates the provision of this schedule or who illegally cuts, debarks and damage to roots of any species, mentioned in Clause 6 of Paragraph II, within the limits of the government land or any forest under the management of divisional forest officer in tribal districts, shall be treated as offence, which shall be punished under sections 84 and 85 of the Ordinance.

There will be a dispute resolution committee.

In case any dispute arises between the stakeholders of rights of any forests, the matter shall be referred to the DRC, which shall consist of the relevant deputy commissioner (chairman), DFO and representatives or elders, each from five quoam, three khels and one sub-khels to be appointed by chairman on the recommendation of the relevant conservator (forests).

The law says that all commercial harvesting of forests, private forests, jointly managed communal forests and socially managed forests shall be subject to the approval of management plan.

The timber, harvested from any of forests, managed under working plan or timber, so confiscated, shall be put to auction in central sale depots, notified by the government.

Published in Dawn, July 23rd, 2022