The government last week promulgated a law governing forests and trees, which, among other provisions, forbids residents to harvest 'immature trees,' as the government counts on them to tap into the global carbon market by selling its forest capacity to absorb emissions.
Carbon markets are trading systems in which carbon credits are sold and bought. Companies or individuals can use such schemes to compensate for their greenhouse gas emissions by purchasing carbon credits from entities that remove or reduce greenhouse gas emissions, according to the United Nations Development Programme (UNDP).
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Before its enactment, some members of the public expressed concern that the bill was too strict because it provided for mandatory permits for harvesting even a few trees that residents plant on their farms, and it prohibits the harvesting of immature trees yet some might harvest them for cooking fuel, or for getting money to afford basic needs.
The following are six key changes in the law:
1. 1. Scope widens
The new law replaces that of 2013 governing the management and utilisation of forests.
It broadens the scope to also capture the management of trees and adds the dimension of tree planting, agroforestry, and planting trees along rivers, lakes, roads, and urban settlement areas, among others.
2. You must seek permission to harvest trees regardless of area size
Unlike in the 2013 law where only forests harvesting licence was required for a forest having a size of two hectares (ha) and above, the 2024 law mandates a licence for harvesting forests or trees on all areas - including those below two ha.
According to the Ministry of Environment, the move will better contribute to forest and tree protection.
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3. 2. Harvesting of immature trees (poles) prohibited
It is prohibited to cut, transport, trade or use poles, the law provides.
The law defines a pole as an immature tree, with a diameter of less than 20 cm, measured at 1.30 m from the ground.
However, poles may be harvested, transported, traded or used under a permit issued for special reasons, it stipulates.
An Order of the minister in charge of forests determines modalities for issuing the permit and the value of a pole and activities in which poles may be used, according to the law.
4. 3. Fines for harvesting, using poles (from individual forest) without permit
As per the law, a person who cuts, transports or trades poles [from individual forests/woodlots] without a permit commits a fault. He is liable to an administrative fine equivalent to twice the value of the poles found in his or her possession.
This provision is different from the initial proposal which consisted of imposing an administrative fine of Rwf3 million on a person who trades poles.
Meanwhile, the poles in question are seized and handed over to the authorities nearest to the place of seizure to use them for public interest, as per the law.
The law also sets a condition that a person who uses poles without a permit commits a fault. He or she is liable to an administrative fine equivalent to five times the value of the poles used by him or her.
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Initially, the bill that the government tabled before parliament in August 2023, provided that a person who uses poles must be liable to an administrative fine that varies depending on building levels and sizes.
The fine would be Rwf500,000 if poles were used on a ground-level building that does not exceed 300 square metres, and if it were a storeyed building, the fine would be Rwf500,000 for each floor on which poles were used.
If poles were used on a ground-level building exceeding 300 square metres, the administrative fine would be Rwf3 million, and in case of a storeyed building, Rwf3 million for each floor on which poles were used.
But, on March 26, MP Christine Mukabunani, the Vice Chairperson of the Lower House's Committee on Land, Agriculture, Livestock, and Environment that analysed the bill, told The New Times that its members found it reasonable that a fine should be based on the value of the poles one used, instead of the number of building storeys as it was the case in the initial proposal in the bill.
This consideration was informed by the fact that, in some cases, a person can use more poles on a building without floors than those used on a storeyed building [as a result of various reasons].
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5. 5. Fine for harvesting an individual forest without a permit, or exceeding limit
A person who harvests his or her forest without a permit commits a fault. He or she is liable to an administrative fine equivalent to the value of the trees harvested.
A person who exceeds the number of trees or surface area for which he has obtained a harvesting permit for his forest commits a fault. He is liable to an administrative fine equivalent to half the value of the trees harvested in excess or of the harvest from the area harvested in excess.
6. 6. Penalties for harvesting or damaging State forest or trees
A person who harvests State forest or trees without a permit or damages them, commits an offence. Upon conviction, he or she is liable to imprisonment for a term of not less than one year, but not exceeding two years and a fine of not less than Rwf3 million, but not exceeding Rwf5 million.
If the offence is committed by an entity with legal personality, the entity is liable to a fine of at least Rwf10 million but not exceeding Rwf20 million.
