Loopholes in Forestry Act
The alleged harvesting of large mopane trees for charcoal production on a farm in the Outjo district is under investigation by the Department of Forestry following a written complaint.
As a result of the complaint, a grey area in the current Forestry Act and regulations related to wood harvesting on privately owned farms has come to light, questioning the reach of the current laws regulating wood harvesting on private farmland.
According to a legal submission made to the government on behalf of a private farm owner, the current Forestry Act, in regard to the harvesting of wood, does not apply “to privately owned land such as farms …”, and charcoal producers operating on commercial farmland are under no obligation to “obtain licences or permits for the harvesting of wood …”.
However, sources in the industry note that unless such a challenge is taken to court, it is unclear whether the argument could hold water in the long term.
Furthermore, the government is working on amending existing regulations in order to streamline the industry and monitor it.
The complaint has highlighted the fact that while the mopane tree is a protected tree species in Namibia, it has also been recognised as one of the most “aggressive invader species resulting in severe bush encroachment”, in the country.
A recent study on the utilisation of encroacher bush stated that the mopane has been classified as an encroaching or problem species. The study recommends that the “conflict should be resolved by legislation, either by removing mopane from the protected species list or by setting firm criteria for its conclusion in the list …”.
The complaint, dated March 2016, was addressed to the Director of Forestry in the Ministry of Agriculture, Water and Forestry, Joseph Hailwa, urging officials to investigate the extent to which large mopane trees were being cut for the production of charcoal.
Hailwa yesterday said that officials would inspect the farm in question within days.
The complainant, a farmer in the same district who wished to remain anonymous, alleged that many of these “huge” trees had been cut down over the course of more than a year.
Henning Lambert, who leases the farm Ramsay and produces charcoal there, confirmed that until April this year he had been in possession of legal permits issued by the ministry to chop mopane trees, including large ones.
He told Namibian Sun that it was only upon renewal of the permits that officials said they could no longer grant a permit for cutting mopane trees.
“After they told us we could no longer chop the mopane, we stopped,” he said.
Lambert said before the expiry of the permits he had followed the instructions of the Directorate of Forestry and instructed his workers to leave large trees and not to overharvest.
“It is not always possible to keep a balance, but I do request that the charcoal harvesters keep balance in mind,” he said.
He said he was notified of the intended inspection by forestry officials and had nothing to hide.
In a study on the utilisation of encroacher bush, released in 2015, the authors note that the dual classification of a protected and a problem species needs to be addressed in future legislation as the tree is currently managed in a “grey zone”.
Lambert claimed that the Outjo district is one of the areas where mopane trees have become an invader species and that clarification is urgently needed.
Danie van Vuuren of the Namibian Agricultural Union (NAU), who has worked closely with both the Namibia Charcoal Association and the government, said reports from the public on transgressions committed within the charcoal industry are always welcomed. He said such transgressions should be reported directly to the Directorate of Forestry, as well as to the Namibia Charcoal Association.
Nevertheless, he cautioned that transgressors are few and the majority of the industry should not be tainted by those who crossed the line.
He further cautioned that complaints are often made with “ulterior motives” and should be investigated carefully.
“The transgressors are the exception; most of the charcoal producers in our association are responsible and work according to regulations.”
JANA-MARI SMITH
As a result of the complaint, a grey area in the current Forestry Act and regulations related to wood harvesting on privately owned farms has come to light, questioning the reach of the current laws regulating wood harvesting on private farmland.
According to a legal submission made to the government on behalf of a private farm owner, the current Forestry Act, in regard to the harvesting of wood, does not apply “to privately owned land such as farms …”, and charcoal producers operating on commercial farmland are under no obligation to “obtain licences or permits for the harvesting of wood …”.
However, sources in the industry note that unless such a challenge is taken to court, it is unclear whether the argument could hold water in the long term.
Furthermore, the government is working on amending existing regulations in order to streamline the industry and monitor it.
The complaint has highlighted the fact that while the mopane tree is a protected tree species in Namibia, it has also been recognised as one of the most “aggressive invader species resulting in severe bush encroachment”, in the country.
A recent study on the utilisation of encroacher bush stated that the mopane has been classified as an encroaching or problem species. The study recommends that the “conflict should be resolved by legislation, either by removing mopane from the protected species list or by setting firm criteria for its conclusion in the list …”.
The complaint, dated March 2016, was addressed to the Director of Forestry in the Ministry of Agriculture, Water and Forestry, Joseph Hailwa, urging officials to investigate the extent to which large mopane trees were being cut for the production of charcoal.
Hailwa yesterday said that officials would inspect the farm in question within days.
The complainant, a farmer in the same district who wished to remain anonymous, alleged that many of these “huge” trees had been cut down over the course of more than a year.
Henning Lambert, who leases the farm Ramsay and produces charcoal there, confirmed that until April this year he had been in possession of legal permits issued by the ministry to chop mopane trees, including large ones.
He told Namibian Sun that it was only upon renewal of the permits that officials said they could no longer grant a permit for cutting mopane trees.
“After they told us we could no longer chop the mopane, we stopped,” he said.
Lambert said before the expiry of the permits he had followed the instructions of the Directorate of Forestry and instructed his workers to leave large trees and not to overharvest.
“It is not always possible to keep a balance, but I do request that the charcoal harvesters keep balance in mind,” he said.
He said he was notified of the intended inspection by forestry officials and had nothing to hide.
In a study on the utilisation of encroacher bush, released in 2015, the authors note that the dual classification of a protected and a problem species needs to be addressed in future legislation as the tree is currently managed in a “grey zone”.
Lambert claimed that the Outjo district is one of the areas where mopane trees have become an invader species and that clarification is urgently needed.
Danie van Vuuren of the Namibian Agricultural Union (NAU), who has worked closely with both the Namibia Charcoal Association and the government, said reports from the public on transgressions committed within the charcoal industry are always welcomed. He said such transgressions should be reported directly to the Directorate of Forestry, as well as to the Namibia Charcoal Association.
Nevertheless, he cautioned that transgressors are few and the majority of the industry should not be tainted by those who crossed the line.
He further cautioned that complaints are often made with “ulterior motives” and should be investigated carefully.
“The transgressors are the exception; most of the charcoal producers in our association are responsible and work according to regulations.”
JANA-MARI SMITH
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