text:
Forestry Act (Chapter 63:01)
Forestry Act
Assented to on 9 May 1997
An Act to provide for participatory forestry, forest management, forestry research, forestry education, forest industries, protection and rehabilitation of environmentally fragile areas and international co-operation in forestry and for matters incidental thereto or connected therewith
Part 1 – Preliminary
This Act may be cited as the Forestry Act.
In this Act, unless the context otherwise requires—"Minister" means the Minister for the time being responsible for forestry matters;"Board" means the Forest Management Board establishment under section 15;"customary land" has the meaning assigned thereto in the Land Act;[Cap. 57:01]"forest" means an area of land proclaimed to be a forest under this Act or unproclaimed land with trees on it;"forest management agreement" means an agreement made under section 31;"forest plantation agreement" means an agreement made under section 36 for establishment and management of forest plantations;"forest produce" includes trees, timber, firewood, branch wood, poles, bamboos, chips, sawdust, plants, grass, reeds, peat, thatch, bedding, creepers, leaves, moss, fruits, seed, galls, slabs, roots, bark, rubber, gum, ream, sap, flowers fungi, honey, wax, earth, water, soil, stones, vertebrates, invertebrates, wild animals, hides, horns, bones, ivory, meat and such other produce as the Minister may, by notice published in the Gazette, declare to be forest produce;"Fund" means the Forest Development and Management Fund established under section 55;"highway authority" has the meaning assigned thereto in the Public Roads Act;[Cap. 69:02]"licensing officer" means, in relation to any licence under this Act, an officer not below the rank of Principal Forestry Officer who may be authorized to issue licences;"livestock" includes cattle, horses, mules, donkeys, pigs, sheep and goats;"management authority" in relation to a village forest area, means a person designated as the management authority pursuant to the agreement establishing the village forest area;"National Forest Plan" means a plan prepared under section 5;"officer" means the Director of Forestry and any officer appointed pursuant to section 4;"private land" has the meaning assigned thereto in the Land Act;[Cap. 57:01]"protected forest area" means an area declared as such under section 26;"public land" has the meaning assigned thereto in the Land Act;[Cap. 57:01]"river" includes all natural or artificial water courses in which water ordinarily flows or remains either throughout the year or during particular seasons;"timber" means any tree or part of a tree which has fallen or has been felled and any part of a tree which has been cut and all wood whether sawn, split, hewn, processed or otherwise fashioned;"tree" means a woody perennial plant having a single well defined stem and more or less defined crown and includes palm, shrubs bush, climber, seedling, sapling and reshoots of all ages and of all kinds and any part thereof;"village forest area" means an area of customary land established as such by an agreement under section 30;"village natural resources management committee" means a committee elected by stakeholders of the village forest areas.
3. Purposes of this Act
The purposes of this Act are—(a)to identify and manage areas of permanent forest cover as protection or production forest in order to maintain environmental stability; to prevent resource degradation and to increase social and economic benefits;(b)to augment, protect and manage trees and forest on customary land in order to meet basic fuelwood and forest produce needs of local communities and for the conservation of soil and water;(c)to promote community involvement in the conservation of trees and forests in forest reserves and protected forest areas in accordance with the provisions of this Act;(d)to empower village natural resources management committees to source financial and technical assistance from the private sector, Non-Governmental Organizations and other organizations;(e)to promote sustainable utilization of timber, fuelwood and other forest produce;(f)to promote optimal land use practices through agroforestry in smallholder farming systems;(g)to upgrade tile capability of forestry institutions in the implementation of their resource management responsibilities and in development of human resources in forestry;(h)to control trafficking in wood and other forestry produce including exportation and importation;(i)to protect fragile areas such as steep slopes, river banks, water catchment and to conserve and enhance biodiversity;(j)to provide guidelines in planning and implementation of forestry research and forestry education;(k)to establish a forestry administration; and(l)to promote bilateral, regional and international co-operation in forest augmentation and conservation.
4. Director of Forestry and other officers
There shall be appointed in the public service an officer to be designated as the Director of Forestry and other officers subordinate to him, who shall be responsible for the administration of this Act subject to any general and specific directions of the Minister.
5. Duties of the Director of Forestry
The Director of Forestry shall be responsible for—(a)planning, promoting, conducting and assisting in the activities required to maintain, restore and develop the forest cover necessary for soil and water conservation, maintenance of biological diversity and the supply of forest produce;(b)conducting and maintaining inventories of the forest resources and preparing both national forestry plans and forestry management plans;(c)conducting and co-ordinating research into the growth, management, protection and sustainable utilization of forest resources;(d)promoting participatory forestry;(e)facilitating the formation of village, natural resources management committees and the establishment of rules of village forest areas;(f)undertaking training programmes for subordinate, technical and professional staff in the Department of Forestry to the highest levels possible;(g)promoting proper harvesting systems, transportation, marketing and sustainable utilization of forest produce;(h)encouraging and promoting proper co-ordination of forestry related activities carried out by other organizations;(i)promoting forest recreation and tourism in forest areas;(j)exercising the control and the management of forest reserves and protected forest areas in accordance with the provisions of this Act;(k)promoting the empowerment of local communities in the augmentation, control and management of customary land trees and forests in accordance with the provisions of this Act;(l)carrying out silvicultural operations or other forest work including operations to prevent pests and diseases, construction of buildings, water works, and roads, creation of power lines, telephone lines and radio masts and any other activities that enhance forest development in any part of a forest reserve or forest plantation;(m)preparing and updating National Forestry Plans in accordance with the National Forestry Policy;(n)co-ordinating forestry development and implementing the Forestry Programme of Action in the Southern Africa Development Community region.
6. Inspection by an officer
Pursuant to the provisions of this Act, and officer may—(a)demand the production by any person of a licence or other authority for any activity committed by such persons for which such licence or other authority is required by or under this Act;(b)without a warrant—(i)stop and inspect any carrier or vehicle which the officer reasonably suspects is carrying any forest produce which has been obtained in contravention of this Act or for which a transportation document is required under this Act;(ii)center any premises in a forest reserve, any land or premises in which any activity licensed under this Act is conducted, or any village forest area or protected forest area and inspect such premises or land;(iii)enter upon any land building tent, carriages, motor vehicle, trailer, aircraft, boat or locomotive for ensuring that the provisions of this Act are being complied with, or for the purpose of detecting any offence against this Act; and(iv)enter any land or premises and inspect silvicultural, forest harvesting and forest produce processing activities and wherever necessary provide advice on proper methods for carrying out such activities.
7. Barriers across roads
Any officer may, after consultation with the highway authority, temporarily place a barrier approved by the highway authority across any road in a manner consistent with such road safety standards and specifications as the highway authority shall specify for the purpose of examining or searching any motor vehicle or questioning any person in connexion with the provisions of this Act.
Wherever an officer has reason to believe that any person to have committed an offence under this Act, the officer may search the person or property of such person or property in such person s possession or control.
9. Seizure of forest produce and article
(1)Any officer or police officer may seize and detain—(a)any forest, produce which the officer or police officer reasonably suspects has been obtained or removed in contravention of this Act;(b)any article which the officer or police officer reasonably suspects has been used in committing an offence under this Act.
(2)Any officer or police officer seizes and detains any forest produce or article under subsection (1) shall issue a seizure certificate.
(3)Any village natural resources who management committee may seize and detain any forest produce or article which the village natural resources management committee reasonably suspects has been obtained or removed from the village forest area in contravention of rules made by such village natural resources management committee.
10. Custody of seized forest produce and article
Any forest produce or article seized under section 9 shall be kept safely in the custody of an officer or the village natural resources management committee.
11. Disposal of seized forest produce and article
(1)Any forest produce or article in the custody of an officer or the village natural resources management committee under section 10 shall be retained until the case in connexion with which the forest produce or article was seized has been tried and concluded or a decision not to prosecute has been made:Provided that—(a)where any person has been tried and found guilty or where a person fails to claim the seized forest produce or article after being acquitted, the forest produce or article shall be disposed of at the discretion of the Director of Forestry;(b)where a decision has been made not to prosecute, the seized forest produce or article may be returned to the owner;(c)where any seized forest, produce or article is perishable, the Director of Forestry may order the forest produce or article to be sold or disposed of as he sees fit.
(2)Any forest produce or article in the custody of a village natural resources management committee in accordance of section 9 (3) shall be retained until the offence in connexion with which it was seized has been tried and concluded or a decision not to prosecute has been made:Provided that—(a)where any person has been tried and found guilty or where a person fails to claim after being acquitted the forest produce or article shall be disposed of at the discretion of the village natural resources management committee according to its rules;(b)where a decision has been made not to prosecute, the seized forest produce or article may be returned to the owner;(c)where any seized forest produce or article is perishable, the village natural resources management committee may order the forest produce or article to be sold or disposed of in accordance with its rules.
12. Money from the sale of forest produce or articles to be paid into the Fund
Wherever the disposal of government seized forest produce or articles is by sale, all monies realized shall be payable into the Fund established under section 55.
13. Arrest of a person for committing offence
(1)Where any person is found committing or is reasonably suspected of having or of being about to commit an offence under this Act, any officer may, without warrant, arrest such person.
(2)Any person arrested pursuant to subsection (1) shall be charged with an appropriate offence before a court of law.
14. Prosecution by officers
The Director of Public Prosecutions may in writing nominate, by rank, any officer or class of officers of the Department of Forestry to undertake and prosecute criminal proceedings in respect of any offence committed under this Act.
Part III – Forestry Management Board
15. Establishment of the Board
There is hereby established a Board to be known as the Forestry Management Board.
16. Composition of the Board
(1)The Board shall consist of—(a)the following ex officio members—(i)the Secretary for Natural Resources or his designated representative;(ii)the Secretary for Agriculture and Livestock Development or his designated representative;(iii)the Secretary for Lands and Valuation or his designated representative;(iv)the Secretary for Local Government and Rural Development or his designated representative;(v)the Principal Secretary responsible for District Administration in the Office of the President and Cabinet or his designated representative;(vi)the Secretary for Energy and Mining or his designated representative;(vii)the Secretary for Works and Supplies or his designated representative;(viii)the Secretary for Research and Environmental Affairs or his designated representative;(ix)the General Manager of National Herbarium and Botanic Gardens or his designated representative;(x)the General Manager of the Electricity Supply Commission of Malawi or his designated representative;(xi)the Director of Forestry;(xii)the Director of National Parks and Wildlife;(xiii)the Director of Fisheries;(b)and the following members who shall be appointed by the Minister—(i)one member representing the University of Malawi;(ii)not less than three and not more than five members representing the general public; and(iii)a representative of the Timber Association of Malawi.
(2)The Minister shall appoint one of the members to be Chairman of the Board.
(3)A member of the Board appointed under subsection (1) (b), (i), (ii) and (iii) shall hold office for a period of two years unless his appointment be sooner terminated and shall be eligible for re-appointment.
(4)The membership of the Board as first and subsequently appointed and every change in the membership to the Board shall be published in the Gazette.
(5)The office of the Director of Forestry shall provide the Secretariat of the Board.
(6)The office of a member appointed pursuant to subsection (1) (b), (i), (ii) and (iii) shall become vacant—(a)upon his death;(b)if he is absent from three consecutive meetings of the Board without the approval of the Chairman or without other valid cause;(c)upon the expiry of one month's notice in writing of his intention to resign his office given by the member to the Minister; and(d)if he is convicted of an offence under the Act.
17. Functions of the Board
The functions of the Board shall be to advise the Minister on all matters relating to tree and forest management in Malawi, including in particular but not limited to—(a)advising on the declaration and revocation of areas which for the purpose of protecting forest species, biotic communities, sites of special interest or aesthetic values, the Board considers should be declared forest reserves or protected forest areas;(b)advising on the import, export and re-export of tree species specimen into and out of Malawi;(c)initiating, overseeing and approving environmental impact assessments in forest reserves, protected forest areas and fragile sites.
18. Meetings of the Board
(1)The Board shall meet not less than twice a year at such places and times as the Chairman may determine.
(2)The Board shall further meet at any time at the request, in writing, of any three of its members.
(3)The Board may, at the discretion of the Chairman, invite any person or persons to attend any meeting of the Board and such person or persons may take part in the proceedings of the meeting but shall not be entitled to vote.
(4)In the absence of the Chairman from any meeting of the Board the members present, if constituting a quorum, shall elect one of their number to preside at the meeting.
(5)One third of the members of the Board shall constitute a quorum.
(6)At all meetings of the Board the decisions shall be reached by a simple majority, and the Chairman or other person presiding shall have, in the event of an equality of votes, a casting vote in addition to his deliberative vote.
(7)The Chairman of the Board shall report to the Board at each meeting thereof the action taken in respect of any matter on which the Board has advised the Minister.
(8)The Board shall determine its own procedure.
19. Members of the Board not deemed public officers
A member of the Board, who is not a public officer shall not, by virtue only of his membership to the Board, be deemed to be an officer in the public service.
20. Allowances
Members of the Board shall be paid an honorarium determined by the Minister and shall be paid reasonable travelling expenses and subsistence allowance while engaged upon the business of the Board at the rate prescribed by the Minister.
Part IV – Forest reserves and protected forest areas
21. Purposes of this Part
The purpose of this Part is to provide for the declaration, conservation and management of forest reserves, protected forest areas and the biodiversity.
22. Declaration of forest reserves
The Minister may, after consultation with the Minister responsible for land matters, by order published in the Gazette, declare any public land not already reserved for another public purpose to be a forest reserve.
23. Acquisition of land for forest reserve
Any area of land proposed for a forest reserve and which is not public land shall first be acquired in accordance with the provisions of the Land Act and the Land Acquisition Act.[Cap. 57:01][Cap. 58:04]
24. Management of forest reserves
In assuring the protection and management of forest reserves, the Director of Forestry shall prepare management plans as stipulated in section 5.
25. Co-management of forest reserves
The Director of Forestry may enter into agreement with local communities for implementation of the management plans that is mutually acceptable to both parties.
26. Declaration of protected forest areas
(1)Where the Minister finds that the protection of soil and water resources, outstanding flora and fauna requires that any area of land be maintained or established as a forest, the Minister may, by order published in the Gazette, after consultations with the Minister responsible for land matters, the Minister responsible for agriculture, the Minister responsible for Irrigation and Water Development, the owner or occupier and, in case of customary land, the traditional authority, declare such land to be a protected forest area.
(2)Where the Minister considers that land which requires protection as a forest reserve or protected forest area, is liable to serious degradation if not immediately protected, the Minister may declare such land to be a protected forest area for such period not exceeding one year as may be necessary to complete the consultations required by section 22 or subsection (1).
27. Management of protected forest areas
A declaration made under section 26 shall state the measures required for protection of the areas, the assistance to be provided by the Department of Forestry towards accomplishing such measures and the obligations of the owner, occupier or traditional authority to maintain and protect the forest resources of the area.
28. Revocation of declaration
(1)The Director of Forestry may recommend to the Minister to revoke or modify, by notice published in the Gazette, a declaration of a forest reserve or protected forest area with respect to any land, and the Minister shall first require a comprehensive environmental impact assessment.
(2)The Minister may, by notice published in the Gazette, amend such order the purpose of which is to delineate or exercise land from a forest reserve or protected forest area subject to advice from the Board.
(3)Any environmental impact assessment made pursuant to the provisions of subsection (1), shall investigate the ecological consequences of proposed resolution of modification and the report of the assessment shall be submitted to the Minister together with the advice of the Director of Forestry within ninety days of completion of the assessment being made.
(4)The Minister shall not decide upon a proposal related to revocation or modification of a forest reserve or protected forest area until the Minister is in receipt of the report referred to in subsection (3).
Part V – Customary land forest
29. Purpose of this Part
The purpose of this Part is to provide for promotion of Participatory forestry on customary land through protection, control and management of trees and forests by the people on customary land, the demarcation and management of village forest areas, ownership of indigenous forest trees, establishment of three nurseries and regulation of forest produce.
30. Demarcation of village forest areas
Notwithstanding anything contained in this Act, any village headman may, with the advice of the Director of Forestry, demarcate on unallocated customary land a village forest area which shall be protected and managed in the prescribed manner for the benefit of that village community.
31. Forest management agreement
(1)For the proper management of village forest areas, the Director of Forestry may enter into a forest management agreement with a management authority providing for—(a)the specifications of the nature of the forestry and other practices to be followed;(b)the assistance to be provided by the Department of Forestry and provision for use and disposition of the produce and revenue therefrom.(c)allocation of land to individuals or families for afforestation and revocation of such allocation if applicable provisions of the agreement are not adhered to by the occupier of the land so allocated;(d)formation of village natural resources management committees for the purposes of managing and utilizing village forest areas.
(2)Subject to the performance of unfulfilled obligations under a forest management agreement to the right of third parties, a forest management agreement may be terminated by either party.
(3)In the event of any dispute arising under a forest management agreement, the matter shall be referred to the Minister:Provided that any party aggrieved with the Minister's decision may apply to the High Court for review of the Minister's decision.
(4)Any area designated as a village forest area but without the forest management agreement shall be managed in accordance with section 30.
(5)Any educational, religious or interested institutions in consultation with a village headman may demarcate, establish and manage a forest area or woodlot on customary land with the advice of the Director of Forestry subject to the provisions of subsections (1), (2) and (3).
32. Minister may make rules
(1)The Minister may make rules which shall apply to all customary land outside forest reserves and protected forest areas.
(2)In particular and without prejudice to the generality of the foregoing power, such rules may—(a)provide for the protection of water catchment and fragile areas, rehabilitation of degraded areas and any other activity which would be conducive to good land husbandry;(b)facilitate the establishment and management of forest by village natural resources management committees for the benefit of local communities;(c)encourage District Councils, non-governmental organizations and the private sector to contribute towards the provision of forestry extension services, as well as the establishment and management of plantations in accordance with guidelines provided by the Department of Forestry;(d)provide for the establishment and maintenance of nurseries to provide seedlings for tree planting programmes;(e)authorize the payment, of grants or bonuses out of public funds for the encouragement of forestry;(f)provide for the declaration of endangered or essential tree species and their management;(g)prescribe a mechanism for sharing costs and benefits between the Department of Forestry and village natural resources management committees in regard to forest produce confiscated from customary land forests.
33. Approval of by-laws
Any rules made by village natural resources management committees shall be approved by the Minister.
34. Right to naturally growing trees
(1)Any person who or community which protects a tree or forest, whether planted or naturally growing in any land which that person or community is entitled to use, shall acquire and retain the ownership of the tree and forest with the right to sustainable harvest and disposal of the produce.
(2)Any tree or forest owner under subsection (1) may seek the advice of the Director of Forestry on the management and utilization of his tree or forest.
Part VI – Afforestation
The purpose of this Part is to provide for the promotion of tree growing in forest reserves, public land, customary land and private land by the Government, non-governmental organizations and the community.
36. Forest, plantation agreement
Notwithstanding anything to the contrary contained in this Act, the Minister may authorize the Director of Forestry to enter into a forest plantation agreement with any nongovernmental organization or community who may wish to plant trees in forest reserves, public land, customary land and private land, and such agreement shall—(a)provide for the obligation to grow and manage tree species as specified in the agreement and in accordance with the plantations management plan which shall be approved by the Director of Forestry;(b)convey the right to harvest the forest plantation in accordance with the terms of the agreement;(c)provide for advice and assistance from the Department of Forestry in growing and managing the plantations;(d)specify obligations of each of the parties to the agreement.
37. Right to planted forest produce
Any person who plants any tree species on any land which that person is entitled to use for that purpose shall acquire and retain the right to harvest the resulting produce and to dispose of it freely.
Part VII – Forest protection
The purpose of this Part is to provide for the protection of trees, forest and forest produce against fires, pests and diseases.
39. Prohibition against fires
(1)No person shall light or cause to be lit a fire in any forest reserve or protected forest area except in places designated for that purpose or as otherwise authorized by an officer.
(2)An officer may order the closure of any place designated for the lighting of fires in a forest reserve or protected forest area and no person shall during such closure permit a fire to be lit in such place.
(3)No person shall light or cause to be lit a fire in any village forest area except with the authorization of the management authority subject to the provisions and conditions of the forest management agreement.
(4)Any person who lights a fire in or near a forest reserve, protected forest area or village forest area shall take all necessary precautions to prevent the fires escaping from control and shall be liable for any damage to the forest reserve, protected forest area or village forest area caused by any failure to take such precautions.
40. Declaration of fire protection area
The Director of Forestry may, by notice published in the Gazette, declare any forest area to be a fire protection area and the notice shall regulate the lighting of fires in such area.
41. Assistance in fire fighting
Any officer may require any person to assist in averting or extinguishing any fire threatening a forest reserve, protected forest area or village forest area.
42. Forest pest and disease control
Notwithstanding anything to the contrary contained in this Act, the Minister may authorize the Director of Forestry to—(a)order the spraying or clearing of a compartment of a plantation or of a whole plantation for the purpose of controlling the spreading of pests and diseases;(b)control movement of timber and other forest produce through issue of permits as the pest and disease situation may demand;(c)issue silvicultural notes and technical orders for purposes of controlling pests and diseases;(d)suspend further planting of tree species which are susceptible to pests and diseases;(e)provide for control of vermin causing excessive damage beyond economic threshold in forest reserves;(f)provide for effective phytosanitation for all forest produce and all parts of the tree in accordance with the Plant Protection Act and to regulate importation of tree seed and other wood and forestry produce for purposes of pest and disease control.[Cap. 64:01]
43. Prohibition of possession or use of weapons, traps, explosives, poisons or hunting animals
(1)Any person who conveys into, or possesses or uses within any forest reserve or protected forest area any weapon, trap, explosive, poison or hunting animal shall be guilty of an offence.
(2)This section shall not apply to any officer acting in the performance of his duties.
44. Prohibition of deposition of litter and waste
Unless under a licence, no person shall deposit litter or noxious waste in forest reserves, protected forest areas and village forest areas.
Part VIII – Utilization of forest produce in forest reserves and customary land
The purpose of this Part is to provide for licensing and sustainable use of forest land and utilization of forest produce on customary land, public land, forest reserves and protected forest areas.
46. Acts under licence
Unless under a licence, no person shall—(a)out take, fell, destroy, uproot, collect and remove forest produce from a forest reserve, customary land, public land and protected forest area;(b)cultivate crops, graze livestock, clear land, dig or break up land for any road or for any purpose whatsoever on such area of the forest reserve and protected forest area that may be specified in the licence;(c)prospect for and extract minerals in a forest reserve and protected forest area;(d)squat, reside, erect any building, livestock enclosures or any structure in a forest reserve and protected forest area;(e)perform such other acts as may be specified in the licence in the forest reserve and protected forest area.
47. Permit for exportation, importation and re-exportation of forest produce
The Director of Forestry may issue to any person a permit in the prescribed form to export or import or re-export certain types of forest produce.
48. Restrictions on, exports, import and re-exports of forest produce
The Minister may, in consultation with the Minister responsible for trade, make regulations imposing restrictions on imports and exports and re-exports of certain type of forest produce.
49. Waiver of fees, etc.
The Director of Forestry may, subject to the general or special directions of the Minister, direct in writing that any fees or royalties payable under this Act shall be waived in whole or in part for a specified period.
50. Forest produce from customary land
(1)A resident of any village may collect forest produce from customary land other than village forest areas for domestic use.
(2)Any disposal of forest produce in a village forest area shall be in accordance with the provisions of the applicable forest management agreement.
(3)Where the wood arising from any activity on customary land is in excess of community domestic needs, the excess wood shall be disposed of by the village natural resources management committee for the benefit of that community.
51. Suspension of a licence
The Director of Forestry may, at any time that it appears to him that there has occurred or is about to occur a violation of any provision of this Act or of any condition of a licence, order the suspension of any or all operations under any licence until the licensee has taken necessary measures to remedy or prevent the violation.
52. Grounds on which a licence may be refused
The Director of Forestry may refuse to issue a licence if—(a)the applicant fails to comply with any prescribed conditions;(b)any licence formerly held by the applicant under this Act has been revoked by the Director of Forestry within the previous twelve months;(c)the applicant has been convicted of an offence under this Act within the previous twenty-four months;(d)he is satisfied on reasonable ground that the applicant is not a fit or proper person to hold such licence; or(e)he is satisfied that the interest of forest management shall be better served by a temporary freeze in issuing of licence of that class.
53. Cancellation of a licence
(1)The Director of Forestry may revoke any licence issued to any person under this Part if he is reasonably satisfied of the existence of any ground that would entitle him under section 52 to refuse to issue a licence to that person.
(2)The Director of Forestry shall notify the licensee in writing of any cancellation under this section and shall state his reasons in writing.
54. Appeal to the Minister against refusal,. suspension or cancellation of a licence
(1)An applicant who has been refused a licence under section 52 may, within thirty days, appeal to the Minister in writing.
(2)Any licensee whose licence is cancelled under section 53 may, within thirty days, appeal to the Minister in writing.
(3)The Minister may, on proper cause being shown, allow an appeal out of the time prescribed.
(4)The Minister shall be free to hear the views of the Director of Forestry in determining an appeal under this section and may uphold, vary or quash the decision of the Director of Forestry.
(5)Any person aggrieved by the decision of the Minister may apply to the High Court for a review of the Minister's decision.
Part IX – Forest Development and Management Fund
55. Establishment of the Fund
(1)There is hereby established a Fund to be known as the Forest Development and Management Fund (in this Act referred to as the "Fund").
(2)the Fund shall consist of—(a)such sums as shall be appropriated by Parliament for the purpose of the Fund;(b)advances made to the Fund under section 57;(c)such sums as may be received for the purposes of the Fund by way of voluntary contributions;(d)levies from a metre cube of wood felled or extracted by the Forestry Department;(e)payments made into the Fund under section 12; and(f)such sums or other assets may be donated for the purposes of the Fund by any foreign government, international agency or foreign institution or body.
56. The Fund to vest in the Minister
The Fund shall be vested in the Minister and, subject to this Act, shall be administered in accordance with his directions subject to the provisions of the Finance and Audit Act.[Cap. 37:01]
57. Advances to the Fund
If in any financial year the income of the Fund together with any surplus income brought forward from a previous year is insufficient to meet the actual or estimated liabilities of the Fund, the Minister responsible for finance may make advances to the Fund in order to meet the deficiency or any part thereof and such advances shall be made on such terms and conditions, whether as to repayment or otherwise, as the Minister responsible for finance may determine.
58. Objects of the Funds
The objects for which the Fund is established shall be the conservation, augmentation and management of forest resources and forest lands in Malawi.
59. Application of the Fund
Without derogation from the generality of section 57, the Fund may be applied to—(a)the inculcation of the twin concepts of multiple purpose management and sustainability in forestry into local communities;(b)the provision of an enabling environment for the participation of the local communities in forest management and conversation;(c)maintenance of equipment and records;(d)the cost of any scheme which the Minister considers to be in the interest of the management of forest reserves;(e)meeting any expenses arising from the establishment and maintenance of the fund; and(f)any purpose which the Minister considers to be in the interest of the objects of the Fund.
60. Books and other records of accounts, audit and reports of the Fund
(1)The Minister shall cause to be kept proper books and other records of account in respect of receipts and expenditures of the Fund in accordance with the provisions of the Finance and Audit Act.[Cap. 37:01]
(2)The accounts of the Fund shall be audited by the Auditor General, who shall have all powers conferred upon him by the Finance and Audit Act.[Cap. 37:01]
(3)The Minister shall cause to be prepared, as soon as practicable, but not later than six months after the end of the financial year, an annual report on all the financial transactions of the Fund.
(4)The report under subsection (3) shall include a balance sheet, an income and expenditure account and annual report of the Auditor General and shall be laid by the Minister before the National Assembly.
61. Holdings of the Fund
(1)All sums received for the purposes of the Fund shall be paid into a bank account and no amount shall be withdrawn therefrom except by means of cheques signed by such persons as are authorized in that behalf by the Minister.
(2)Any part of the Fund not immediately required for the purposes of the Fund may, on the recommendation of the Board, be invested in such manner as the Minister, after consulting with the Minister responsible for finance, may determine.
62. Financial year
The Financial year of the Fund shall be the period of twelve months ending on 31st March in each year.
Part X – Offences and penalties
The purpose of this Part is to define offences against this Act and to provide for penalties.
64. Offences relating to forest reserves and protected forest areas
Any person who, without authority under this Act—(a)fells, cuts, takes, destroys, removes, collects, uproots any indigenous tree or forest property in a forest reserve or protected area;(b)connives with or causes another person to fell, cut, take, destroy, remove, collect, uproot any indigenous tree or forest property in a forest reserve or protected area;(c)squats, resides, erects a building, hut, livestock enclosures or any structure in a forest reserve or protected area;(d)clears, cultivates, digs or breaks up land for any road or for any purpose whatsoever and grazes livestock in a forest reserve or protected areas,shall be guilty of an offence and liable upon conviction to a fine of K5,000 and to imprisonment for a term of two years.
65. Offences relating to fires
(1)Any person who lights or causes to be lit a fire in a forest reserve, protected forest area or village forest area in contravention of section 39 shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years.
(2)Any person who permits a fire to bum out of control in, or to spread to a forest reserve or village forest area shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years.
(3)Any person who, without reasonable cause, refuses to assist in averting or extinguishing a fire when required to do so under section 41, shall be guilty of an offence and liable upon conviction to a fine of K2,000 and to imprisonment for a term of one year.
66. Offences relating to wildlife
Subject to the provisions of this Act, any person who—(a)pursues, kills, hunts, molests, captures or injures any animal, bird, fish, or reptile;(b)collects eggs or spawns from a forest reserve, a protected forest area or a village forest area,shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years.
67. Offences relating to forest pests and diseases
Any person who knowingly contravenes the provisions of section 43 of this Act shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years.
68. Offences relating to possession or trafficking of forest produce
(1)Any person who—(a)knowingly received forest produce illegally; or(b)is found in possession of forest produce without a permit;(c)trafficks in forest produce without a licence, shall be guilty of an offence.
(2)Any person who is convicted of an offence under subsection (1) shall be liable to a fine upon conviction of K20,000 and to imprisonment of ten years.
69. Offences relating to obstruction of officers
Any person who—(a)obstructs or hinders any officer in the performance of his functions under this Act;(b)wilfully or recklessly gives to any officer false or misleading information which the officer is entitled to obtain under this Act;(c)refuses to furnish to any officer on request, particulars or information which the officer is entitled to obtain under this Act, shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of five years.
70. Offences relating to official documents or stamps
Any person who, without lawful authority—(a)counterfeits or alters any licence, permit or pass required under this Act;(b)alters or defaces any prescribed document issued under this Act;(c)makes upon or affixes to any forest produce a mark used in connexion with forest produce by the Department of Forestry,shall be guilty of an offence and liable upon conviction to a fine of K20,000 and to imprisonment for a term of ten years.
71. Offences relating to possession or use of weapons, traps, explosives and poisons for hunting animals
(1)Any person who contravenes the provisions of section 43 shall be guilty of an offence and liable upon conviction to a fine of K20,000 and to imprisonment for a term of ten years.
72. Offences relating to deposition of litter and waste
Any person who contravenes the provisions of section 44 shall be guilty of an offence and liable upon conviction to a fine of K5,000 and to imprisonment for a term of two years.
73. Offences relating to import, export and re-export of forest produce
Any person who imports, exports or re-exports or attempts to import, export or re-export any forest produce—(a)through any place other than a custom's post or port; or(b)without producing to a customs officer, a valid licence to import or export or re-export the forest produce as the case may be,shall be guilty of an offence and liable upon conviction to a fine of K10,000 and to imprisonment for a term of not less than five years.
74. Additional orders upon conviction
(1)Upon conviction of any person of an offence under this Act, the court may in addition to any other penalty provided by this Act, order—(a)that any forest produce which has been used in the commission of the offence shall be forfeited to the Government;(b)that where any forest produce has been damaged, injured or removed in the commission of the offence, the person convicted shall pay compensation equivalent to the value of the forest produce so damaged, injured or removed;(c)that the person convicted shall pay ten times the amount of any royalties and other fees which, had the act constituting the offence been authorized, would have been payable in respect thereof;(d)the demolition and removal of any building, enclosure, hut, kraal, structure or anything erected, standing or being in the area in contravention of this Act;(e)the destruction, uprooting or removal of any crop standing or being in the area in contravention of this Act;(f)the seizure of any carrier or vehicle which has been used in committing the offence.
(2)Where an order is made under subsection (1) in respect of forest produce from a village forest area, the forest produce and article ordered to be forfeited and the amount ordered to be paid shall be forfeited and paid to the management authority in respect of that area.
75. Authority to compound offences
(1)The Director of Forestry may authorize any officer not below the rank of Principal Forestry Officer where the Director of Forestry is satisfied that an offence against this Act has been committed, and such person consents in writing to compounding under this section, to compound such offences by charging a sum of money not exceeding one and half the maximum fine prescribed for the offence and no further court proceedings shall be instituted.
(2)Where any article has been seized in connexion with the offence compounded under this section, the officer compounding the offence shall dispose of the article according to section 11.
(3)Any offence in respect of which a prosecution is actually pending shall not be compounded under this section other than with the consent of the court before which the prosecution is pending.
(4)Any money received and any article confiscated under subsection (1) or (2) in respect of forest produce from a village forest area shall be paid to the management authority in respect of that area.
Part XI – International co-operation in forestry
The purpose of this Part is to provide for the promotion of the management of cross-border forests and forests resources and implementation of agreed national obligations arising from bilateral, regional and international environmental and other related Conventions to which Malawi is a party.
77. Cross-border management
For the proper management of cross-border forests and forest resources, the Director of Forestry may jointly produce management plans which shall lead to the realization of common forestry goals in cross-border areas.
78. Regional fora
Implementation of common plans may be reviewed in regional fora such as Joint Permanent Commissions of Cooperation, the Southern Africa Development Community and others.
79. Cross-border trade in forest produce
To assure sustainable utilization and marketing forest resources across borders, the Director of Forestry shall institute mechanisms for the verification of the legality of the forest produce being imported or exported.
80. Implementation of agreements
The Minister may, by an order published in the Gazette, specify the measures for the proper implementation of relevant provisions of any convention on forestry to which Malawi is a party.
Part XII – Miscellaneous
81. Charcoal licensing
(1)No person shall make or sell charcoal from indigenous timber or tree except pursuant to a licence issued under this section.
(2)Upon application in the prescribed form, a licensing officer may, where the officer finds that the making of charcoal shall utilize plantation timber or indigenous timber or trees consistently with the applicable forest management plan or forest management agreement or forest plantation agreement, issue a licence to make charcoal in such quantity and from such timber or trees as may be specified in the licence.
82. Permit for wood using and wood processing industries
No person shall engage in commercial processing of any wood or forest produce without a permit from the Director of Forestry and such commercial wood processing industries shall include—(a)tobacco curing, brick and tile making, wood carving, lime making, bamboo baskets making and chair making; and(b)wood processing industries, including sawmilling, veneer and plywood, blackboard, fibre and particle board, pulp and paper and any other industries.
83. Utilization of and trafficking in indigenous timber from private land
(1)No indigenous wood shall be moved from any private land to any place outside the private land without a permit issued by the Director of Forestry. Any revenue realized from the removal of the indigenous wood from leasehold land shall all accrue to the village natural resources management committee in the area.
(2)No indigenous endangered tree species shall be cut down without the written permission of the Director of Forestry.
(3)Indigenous wood may be used on a sustainable basis for any purpose within the demised area without the written permission of the Director of Forestry.
84. General indemnity
The Director of Forestry or any other officer shall not be held liable in damages or otherwise to any person by reason of his exercise or non-exercise in good faith of the powers vested in him under this Act.
85. Disposal of forest produce from private land
On application by a lessee in accordance with the Land Act, the Director of Forestry may grant permission for forest produce to be removed from, and used outside, the demised premises on payment of all prescribed royalties to the village natural resources management committee in the area.[Cap. 57:01]
Part XIII – Regulations
The Minister may make regulations for carrying this Act into effect and, without prejudice to the generality of the foregoing, such regulations may—(a)prescribe the form and contents of any application, licence or agreement;(b)prescribe the conditions of any category of licence or agreement;(c)prescribe the rates and manner of payment of royalties, application fees and other fees;(d)regulate or prohibit access to any part of a forest reserve;(e)regulate forest utilization practices;(f)require the recording and reporting of information regarding sustainable utilization of forest and forest produce and approving the form, contents and manner of making records and reports, as submitted by the Director of Forestry;(g)prescribe the methods and requirements of scaling and making forest produce;(h)prescribe the marks to be used by officers in connexion with forest produce;(i)provide for the registration of forest property marks and regulating their use;(j)prescribe standards for the grading of wood and wood products, and requiring that any wood or wood product be graded according to such standards;(k)regulate the transportation, processing, sale of forest produce, including competitive bidding, and requiring permits, licences and documentation of such activities; and(l)prescribe anything required to be prescribed under this Act.
Part XIV – Repeal and savings
87. Repeal and savings
(1)The Forest Act is hereby repealed.
(2)Any subsidiary legislation made under the Act repealed by subsection (1) in force immediately before the commencement of this Act—(a)shall, unless in conflict with this Act, continue in force and be deemed to be subsidiary legislation made under this Act;(b)may be replaced, amended or repealed by subsidiary legislation made under this Act.
(3)Any agreement or similar arrangement made pursuant to the provisions of the Act repealed by subsection (1) shall continue in force until terminated in accordance with terms and conditions thereof.[Cap. 63:01]


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Associazione musicale Massarosa
Piano Competition
Artistic manager
Jury of the 2022 Piano Competition
Bryce Morrison
Jean-François Antonioli
Vovka Ashkenazy
Giampaolo Nuti
Riccardo Risaliti
François-Joel Thiollier
Catherine Vickers
Rules of the Competition
Institutional Sponsors
Jean-François Antonioli, Swiss pianist of Italian origin, was born in Lausanne, Switzerland, in 1959. He studied with Fausto Zadra, (Scaramuzza's pupil) and 3 years with Pierre Sancan in Paris. Together with these key teachers in his development, two other encounters had a crucial impact on the rest of his life: Bruno Seidlhofer, (Vienna) and Carlo Zecchi (Rome), himself a disciple of Busoni and Schnabel, who will inspire Antonioli to play the 21 Mozart piano concerti.
He is active as a soloist (recital or with orchestra) in more than 20 countries on four continents. His US début was in 1991 with the National Symphony Orchestra in Washington, DC. He has appeared in international festivals such as Montreux-Vevey, Lucerne, Orpheum Soloists in Bad Ragaz, Radio-France in Montpellier, Jeunesse Festival at the Vienna Konzerthaus, Bayreuth, Nohant, the Merano, Verbania, Sorrento, San Giovanni Valdarno, PianoSofia Milano, Martina Franca festivals in Italy, the Dubrovnik summer Festival, the Zadar and Varazdin Festivals in Croatia, the Beogradski Prolecni Pijanisticki Festival in Serbia, Pecs Napok in Hungary, Enescu and Lipatti in Bucharest, Lanaudière in Montréal, the Québec Festival d'Eté, the Birmingham Festival of Arts and that of Wolf Trap in Washington. He plays with famous conductors: Foster, Pesko, Lopez Cobos, Krenz, Horvat, Jordan, Sondeckis, Pradella, Mandeal, Viotti, de Stoutz, Neschling, Hausschild and many others.
His piano recordings (Claves, Timpani, Klanglogo labels) include Chopin (Ballades, Préludes), Debussy (Préludes), Mozart (Concerti), Busoni and Raff (1822-82), Honegger and Perrin. Devoted to Frank Martin's works for piano and orchestra, his first record was distinguished at once by the "Grand Prix du Disque de l'Académie Charles Cros" in Paris in 1986, prior to being selected for the IRCA in New-York, along with the twenty best records of the year, by fifty critics from all over the world.
His conducting activities began in 1988. From 1993 to 2002, he was Principal Guest Conductor of the Timisoara Philharmonic Orchestra (Romania). He often shoulders both the conducting and the solo part, as in the complete concerti by Mozart and also the Bach, Haydn and even Chopin concerti. In April 1995 at the Atheneum of Bucharest, the UNESCO and the Rumanian Education Ministry presented him with the Dinu Lipatti Medal "as a token of high appreciation".
Antonioli is in charge of a superior class at the HEMU (Haute Ecole de Musique in Lausanne). He teaches master-classes in Switzerland, France, Spain, Italy, Croatia, Serbia, Romania, and Japan. Various international competitions invite him to take part in their juries.
He premiered works by many composers, among them the first European performance of Henri Dutilleux's Le Jeu des Contraires (1989).
Two films on Antonioli by W. Wehmeyer (Germany) were made: Hearing Vocation (1998) and Listening Eyes (2000).
His CD recordings for Klanglogo (Chopin, Brahms, Fauré) in the acoustics of the Geneva Victoria-Hall (1888) were particularly appreciated in the USA : "Indeed, for their integrity, nuance, elegance, and not least, quiescence, these are readings that are difficult to match, or even compare to the those of the greatest pianists, such as Michelangeli, Moravec, or even Cortot. His approach to music-making brings to mind that of Dinu Lipatti, Wilhelm Kempff, and Maria Tipo rolled into one, and is no less satisfying." (John Bell Young, Fanfare, USA, 2015)
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Children at Mustang's Lakehoma Elementary School were originally supposed to discuss all religious activities of the season during the school's 22nd annual holiday play. However, Superintendent Karl Springer ordered the Christian portion of the program removed because of legal concerns.
Her main interests were "JESUS!," soccer and "having partys OH YEAH BABY." He was preoccupied with his new computer system, his hairstyle and deer hunting.
Neighbors say the two met through a home-schoolers' group. They live a short drive from each other on opposite sides of Lititz, a 9,000-resident borough in the heart of Pennsylvania Dutch country, an hour west of Philadelphia.
While it is unclear if this is explicitly a Common Core assignment or not, a group of students today in Tupelo, MS had quite an interesting assignment.
The sixth graders at Milam Elementary were given an assignment to do in class, and they were not to discuss this assignment with their parents. Naturally, telling a group of kids between the ages of ten and eleven to not tell their parents about an assignment is probably the surest way for them to tell their parents. In fact, it is typically a way to ensure a student sneaks a copy home. The reason why this is so concerning is that Tupelo prides itself on data driven instruction. Now, data is nice if it helps you figure out if a student needs extra help in a particular area. However, what if that effort is aimed at monitoring the political views of a student?
A high school is in trouble with parents after two teachers distributed a "Heterosexual Questionnaire," which asked students risque questions such as; "If you have never slept with someone of your same gender, then how do you know you wouldn't prefer it'"
The teachers asked over 400 hundred students at Port Washington High School to answer and discuss the survey, and now parents say it was nothing less than sexual harassment by teachers against students.
by Saul M. Kassin, et al.
College students and police investigators watched or listened to ten prison inmates confessing to crimes. Half the confessions were true accounts; half were false-concocted for the study.
Consistent with much recent research, students were generally more accurate than police, and accuracy rates were higher among those presented with audiotaped than videotaped confessions. In addition, investigators were significantly more confident in their judgments and also prone to judge confessors guilty. To determine if police accuracy would increase if this guilty response bias were neutralized, participants in a second experiment were specifically informed that half the confessions were true and half were false. This manipulation eliminated the investigator response bias, but it did not increase accuracy or lower confidence. These findings are discussed for what they imply about the post-interrogation risks to innocent suspects who confess.
This weekend, a video produced by Free Market America went live on YouTube - and it is racking up nationwide hits. Deservedly so.
The Earth Day-timed message is compelling and extremely relevant this campaign season. As the group writes: "The environmental agenda has been infected by extremism - it's become an economic suicide pact. And we're here to challenge it."


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Socceroo signs new deal at Championship club
Socceroo defender Bailey Wright wants Preston North End to establish themselves as a Championship club after signing a new two-year deal at Deepdale.
Wright played a major role in the club's promotion to the Championship last season and has been rewarded with an upgraded contract to keep him with the Lilywhites until 2017.
"I'm delighted to extend my time here, I've been here for six years now and I'm looking forward to making that eight at least," Wright told the club's website.
"There's been some ups and downs but it's great to see the last few seasons we're certainly on the up obviously with the promotion last year.
"We're all looking forward to Championship football now and the challenge that lies ahead and it's nice to be a part of it and give it a good go and to know I will be here for a few more years."


I was searching for a Property and found this listing (MLS® #2028946). Please send me more information regarding 3740 Tioga Way, 301 - South, NV, 89169. Thank you!
I'd like to request a showing of 3740 Tioga Way, 301 - South, NV, 89169 (MLS® #2028946). Thank you!


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NEW: How to Make Money… Without selling! w/ our client ESZYLFIE TAYLOR!
Happy Small Business Saturday 2017!
Thank You, Veterans!
WATCH: Kristie Kennedy, Featured Panelist Black Girl Renaissance 2017
VIDEO: MARC ROSS ON CGTN AMERICA
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NEW: Listen to Chris Stapleton's first single off his new album, "Either Way," which he wrote with our client, TIM JAMES!
by 1126 Talent - May 6, 2017 May 10, 2017 0
LISTEN: "EITHER WAY"
When country singer Chris Stapleton returned to Nashville's famed Studio A last winter to record his follow-up to 2015's critically acclaimed "Traveller," he brought with him the same producer and the same players. The circumstances couldn't have been more different.
Two years earlier, the burly, bearded son of an Appalachian coal miner recorded his debut album under the radar, with measured expectations. This time around, after Stapleton's meteoric rise, he faced the pressures that came with a hurricane of success, including keen interest from country music's power players — and even the genre's royalty.
"We got the luxury of making the last record in this vacuum where no one could interfere," he said. "This time, one day I walked in and Dolly Parton sent me a song. Things like that are heavy. That's the highest compliment you can get."
Chris Stapleton will release his much-anticipated "From A Room: Volume 1" on Friday. (Photo: Andy Barron)
Stapleton blocked out the added scrutiny and worked to distill his new music down to its core, just as he did on "Traveller." Together with the other musicians and producer Dave Cobb, he set out "to make the best music that we can," he said. "As far as I can tell, we did pretty good at it."
"From A Room: Volume 1" will be in stores Friday. Named for Nashville's historic RCA Studio A, where it was recorded last winter, the album is the first release of a two-volume set. Volume 1 contains eight songs co-written by Stapleton and a cover of Willie Nelson's "Last Thing I Needed, First Thing This Morning." Volume two will be out later this year.
For material, Stapleton leaned on songs from his back catalog. He penned half of the originals with former SteelDrivers bandmate Mike Henderson.
Either Way," the album's lead single, Stapleton wrote with Tim James and Kendall Marvel. Previously recorded by Lee Ann Womack, the song's lyrics include: "Baby you can go or you can stay/ I won't love you either way." Stapleton's version is only a guitar and a vocal.
I really think people are going to pull over on the side of the road and go, 'I'm gonna bawl my eyes out,' or 'What the heck was that?' " said James, who was inspired to write the song after a conversation with a relative. "It's an honest song."
When Stapleton recorded "Traveller," he asked his record label if he could simply make an album, release it and go play it live without worrying about its commercial viability. Stapleton would have considered 50,000 copies sold a "huge victory." He sold 2 million.
Chris Stapleton works in the recording studio with producer Dave Cobb. (Photo: Andy Barron)
He approached "From A Room: Volume 1" the same way: his eye on the music and not the radio dial. Doing that, he said, takes the pressure off.
"In life it's really hard to find 'real' in anything," said Universal Music Group President Cindy Mabe. "People connect with Stapleton because they sense he's authentic. Our world is consumed by slick, over-marketed, over-thought ideas and noise that says absolutely nothing. Chris Stapleton represents the complete opposite. He just wants to make music that matters. That's what makes him beyond rare and always in demand. It's also why his music is timeless."
Stapleton's breakout moment came during a performance with Justin Timberlake during the 2015 Country Music Association Awards. Until then, he was a critical darling who had made a few television appearances but had yet to cross over into mainstream recognition.
But Stapleton's textured drawl and mountain man persona paired with Timberlake's pop sensibilities on a mashup of "Tennessee Whiskey" and "Drink You Away" was a television moment that catapulted the eastern Kentucky native to the center of attention. In the next week, "Traveller" immediately sold more than 50,000 albums — more than half as many as he'd sold in the previous six months.
"It would be foolish not to mark that moment as a definite switch flipper for us," Stapleton said. "All of a sudden, we're doing things we'd never done before and growing at rates that we weren't used to. I looked at music careers like you never really know what's gonna (work), but then the stars lined up, everything clicked and you get to ride some kind of strange reality, some alternate universe."
Country music historian Robert Oermann said the public's embracing of Stapleton restored his faith in people and that his "is a triumph of good, old-fashioned talent."
The success quickly manifested itself in expected ways. Stapleton started playing larger venues, upgraded his stage and hired people to assemble it. He brought a guitar tech on the road for the first time, which he said is "life-changing." His family could join him on the road more comfortably and he could afford to be more selective about the shows he plays.
Chris Stapleton works on music in the recording studio. (Photo: Andy Barron)
An unexpected bonus is the ability to give back. Until he started selling albums, Stapleton couldn't entertain the notion because he was still trying to figure out how to pay his bills as a musician. During his childhood, the singer lived in a nice house but was surrounded by poverty.
"I grew up less than a mile from folks that lived in shacks with dirt floors," he said. "I certainly know that there are needs in this country. Not too far from your house, if you look around, people need to be helped. … Now (I) have some slight capacity to do something."
For Stapleton, helping might mean singing in a benefit show, donating auction items or sending money. Helping those in need is so close to his heart that he's earmarked 75 cents to $1 of every concert ticket sold for a charity fund "so we can help things that need help at all times."
"There is probably no better feeling in what we do than that," Stapleton said. "A lot of what we think about is pretty self-absorbed things on the stage and having a bunch of people scream at you because they love what you're doing. That can be a pretty narcissistic thing to do if you're not careful. You want to avoid some of that … and feel like the good that comes out of that is a good for society as a whole. You hope that there's some other greater purpose at the end of it."
Reach Cindy Watts at 615-664-2227 or ciwatts@tennessean.com and on Twitter @CindyNWatts.
–Via The Tennessean
(read complete article by clicking here)
*BELOW: Watch TIM JAMES performing another one of his hits, "Love Like Crazy!"
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HAPPY NATIONAL TEACHER APPRECIATION DAY 2017!


Today, Kids & Youth in our Community are at-Risk & Parents don't have Support.
We're a Non-Profit Organization founded in 1989 by Mar de Jade, a Wellness Resort & Yoga Retreat Center in Mexico. Since then, we've been dedicated to providing a supportive & nurturing environment for our rural community through Wellness, Education & Sustainable Micro-Industry projects.
"We Believe a Nurturing & Supportive Environment is the Key for a Sustainable Community."
We live in a rural area of Mexico where poverty, lack of education & opportunities threaten the most vulnerable members of our community. Children don't have access to a quality education, too many young people are at-risk (sexual and physical abuse, early pregnancy, addictions, school desertion, etc.) and parents don't have the resources or support to overcome this reality.
For over 30 years we've been working to provide new opportunities for these families. Currently we operate 4 Community Projects that have a meaningful impact on many lives.
Meet some of the people that are benefiting from our Community Projects.
GABY (32) is a talented local preschool teacher. She´s been able to attend a Waldorf teacher training for the last 3 years thanks to our Leadership Program.
MARIA (21) is a hard working entrepreneur. She´s been learning for the last 2 years how to make organic & sustainable products thanks to our Organic Farm & Micro-industry project.
GIL (19) is an enthusiastic young student, but economically responsible for his family. Thanks to the Trade School he´s learning a practical skill, while developing a spiritual life.
SCARLETT & MELANIE (6) are two creative girls from our village, who are receiving a 100% free quality education thanks to our Scholarship Program at the Waldorf - Montessori School in Chacala.


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← Marfa's Mexican-Americans Remember 'Giant' And Southwest Segregation
Federal Project Seeks To Transfer Water From Lawns To River Banks →
Rerouting Water Benefits Native Ecosystem Along The Rio Grande
Listen: Rerouting Water Benefits Native Ecosystem Along The Rio GrandeDownload
LAS CRUCES, N.M. — Drought across the West is raising questions about how we manage water in this region.
In southern New Mexico, humans drastically altered the course of the Rio Grande decades ago to better serve farmers and an international water treaty. As a result, native plants and animals suffered, and now the riverbed is dry for most of the year. Today a government-led effort is attempting to restore the river to a more natural state.
On a recent afternoon a tractor plunged a corkscrew drill 10 feet into a dry bank of the Rio Grande west of Las Cruces. Tyler Rogers with the U.S. Fish and Wildlife Service then dunked what looked like an oversized twig into the hole and filled it with dirt.
Rogers is part of a crew planting coyote willow, a shrub-like tree that used to grow in abundance here. It's a first step in a monumental effort to restore native vegetation in 30 sites along a 100-mile stretch of the Rio Grande.
"It's kind of a pilot program to see if we can grow trees in this area," Rogers said.
In early spring, the Rio Grande in southern New Mexico looks more like a yawning dirt ditch than a river. Humans engineered it this way back in the late 1930s. The idea was to create a controlled channel to efficiently deliver water to farmers and neighboring Mexico.
A pecan orchard flooded with pumped groundwater less than a mile from the dry bank of the Rio Grande. In the summer acres upon acres of farmland are irrigated with river water. (Mónica Ortiz Uribe)
Today the Rio Grande is mostly a dry river bed tattooed with ATV tracks and littered with multiple generations of Budweiser cans.
"So what we see in the river right now is more like puddles," said Beth Bardwell with the Audubon Society.
The river is dry because the water is stored in huge reservoirs upstream. Every drop in those reservoirs belongs to someone — farmers, the nearby city of El Paso, and Mexico.
Every summer the water is released from the reservoirs and delivered to those owners via dams and concrete diversion canals. When all have taken their share, there's no water left for the river itself.
"We've kind of turned our back to the Rio Grande," said Bardwell.
The principal owners of the water sitting in those reservoirs belong to the Elephant Butte Irrigation District. The district is a conglomerate of New Mexico's largest and most productive farms. Back in the 1930s the district was also the main lobbyist for and beneficiary of the taxpayer funded project that transformed the Rio Grande into a controlled channel.
Tyler Rogers (left) with the U.S. Fish and Wildlife Service plants native coyote willow along a bank of the Rio Grande west of Las Cruces, New Mexico. (Mónica Ortiz Uribe)
"The environmental community was not pleased with that," said Gary Esslinger, the current manager of the irrigation district.
Esslinger now part of an unlikely alliance between environmentalists and the federal government to rehabilitate the Rio Grande.
The district's cooperation spared it from regulation under the Endangered Species Act.
"Working together with these other agencies we got something done that was quite good," he said. "For us it was a win-win."
After a decade of negotiation the district allowed the sale or lease of river water to the U.S. International Boundary and Water Commission. The IBWC is the federal agency leading the restoration program. The agency can now use the water to irrigate native cottonwoods, willows and shrubs.
"They classified the irrigation of native trees as an agricultural use. We're essentially farmers," said Elizabeth Verdecchia, Natural Resources Specialist for the IBWC.
But instead of watering pecan trees or alfalfa the IBWC is watering native vegetation. Last June the agency celebrated the irrigation of its first five acres of restoration land.
"The site was really looking amazing after having just two irrigations," Verdecchia said. "There was lush vegetation, there was underbrush [and] native grasses."
With a goal of irrigating 500 acres, the agency still has a long way to go. It's currently reaching out to water owners in the Elephant Butte Irrigation District who are interested in leasing or selling water back to nature.
This story was reported by Mónica Ortiz Uribe, in collaboration with Fronteras, The Changing America Desk, a consortium of NPR member stations in the Southwest.
This entry was posted in KRTS News and tagged Ecology, Environment, Fronteras, Rio Grande, Rivers, southwest, Water Use. Bookmark the permalink.


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Home > Name & Shame > Definitions: decisions
Definitions: decisions
Guilty, conviction recorded The court found the person guilty of the offence(s) and a conviction is recorded.
Guilty, conviction recorded, no other penalty s10A of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to convict an offender but impose no other penalty.
Guilty, no conviction recorded
s10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to find an offence proven but decide it is not appropriate to record a conviction.
s133(6) of the Food Act 2003 allows orders under s10 of the Crimes (Sentencing Procedure) Act to be taken to be a conviction for the purposes of disclosure of information about offences, ie listing on the 'name and shame' register of convictions.
Last updated: 10-December-2015
Court fines: full list


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Why Are Attacks on Conservative Women Given Just a Shrug?
By CWALAC StaffMarch 30, 2011Defense of Family
Editor's Note: The following Op-Ed appeared on FoxNews.com.
It takes a really weak, insecure, and spineless man to attack a woman on television. It takes an even weaker "feminist" movement to play down such attacks.
In a recent episode of "Somebody, Please Notice Me," also known as "Real Time with Bill Maher" on HBO, the show's host may have hit rock bottom with his latest rhetorical bomb by referring to Sarah Palin with a vulgarity exceedingly offensive to women. Far more noticeable, and certainly more noteworthy, was the backhanded "defense"of Palin from radical feminists and their clearly misnamed organizations.
National Organization for Women communications director Lisa Bennett, after days of silence, sounded more as if she didn't want to be bothered: "Sorry, but we can't defend Palin or even Hillary Clinton from every sexist insult hurled at them in the media."
Several weeks ago, MSNBC's Chris Matthews attacked Rep. Michele Bachmann (R-Minn.) with another derogatory slur in reference to a harmless geographical gaffe she made about American history. Only crickets from the radical feminists. (A few weeks later Matthews found himself geographically-challenged when he said the Panama Canal was in Egypt.)
Lest this be confined only to conservative women, comedian George Lopez had no problem attacking actress Kirstie Alley and likening her to a squealing pig. At least Lopez apologized.
So what gives with these attacks and the 800-pound double standard in the room?
Suppose Rush Limbaugh or Sean Hannity did drop a vulgarity on Hillary Clinton or Nancy Pelosi? Despite her protestations a rapid, robust response from Ms. Bennett, NOW and the feminist Left would've taken all of 30 seconds, give or take a few. Broadcast news shows would be leading with the story and the reaction, repeated calls for apologies, and firings would ensue. Left-wing groups would harass advertisers in an attempt to get them to pull their sponsorships.
All women, regardless of their political persuasions need to speak out against these kinds of attacks because they harm everyone who is female from age 2 92, but the prevailing view among radical feminists seems to be that conservative women either don't exist or are merely female impersonators. They don't deserve to be defended when attacked because, after all, real women don't hold conservative views.
So if you're a woman leader with conservative positions on the issues, and you're active in your church and speak out about matters of faith, and you get demeaned, demonized, slurred, or smeared, the radical feminist attitude toward you is, "You get what you deserve, because we, frankly, have the same opinion of you."
Already teetering on the precipice of irrelevance, radical feminists only further undercut their credibility and authority to speak out on behalf of women when they stay silent in the face of such unacceptable behavior. They have become as clueless and delusional as the men they challenged and mocked 40 years ago.
The collapse of radical feminism was first revealed in the movement's turning a blind eye toward Bill Clinton's philandering and clear objectification of women. A conservative president who behaved like Clinton would have been publicly filleted, but instead, the leaders of the "women's movement" gave him a wink and a nod.
In one of radical feminism's lowest moments (and there are many), former Time magazine White House correspondent Nina Burleigh appointed herself the official Clinton apologist when she infamously told Mirabella magazine: "I'd be happy to give him [oral sex] just to thank him for keeping abortion legal."
From embracing Bill Clinton to ignoring Bill Maher, radical feminists have reduced themselves to pitiful insignificance. New women have emerged as leaders, and many more will follow, and they reject the radical feminist orthodoxy with its hypocrisies and double-standards.
The movement's leaders will have only themselves to blame. Women achieved substantial, needed gains several generations ago. Unfortunately, too many radical feminists are stuck in 1971, where they are destined to remain.
Penny Young Nance is CEO of Concerned Women for America, the nation's largest public policy women's organization.


By the end of 2008, HDFC Bank saw an upsurge in customers using direct channels. Over 75 percent of customers used direct channels such as ATMs, net banking, phone banking, and mobile banking. On a monthly basis, more customers visit ATMs than branches.
A new Celent report, HDFC Bank: Multichannel Integration, examines the rationale behind the bank's transformation from an earlier solution developed in-house to a sophisticated multichannel implementation. HDFC Bank had specific objectives with this change: transforming ATMs into business units, quicker and customized ATM transactions, and effective marketing communications across channels.
NCR (National Cash Register) had a long-term relationship with the bank in various hardware and software implementations, which made NCR an obvious choice as a technology partner for channel implementation. NCR's APTRA eMarketing solution was implemented to enhance communication with HDFC Bank's customers and prospects on multiple channels. The implementation focused on multilingual messages/campaigns launched on ATMs with an objective to effectively reach rural/semiurban markets.
This report analyzes the implementation, checking its outcomes against its objectives. The case study also details aspects such as the campaigns targeted by each channel, customer registration via each channel, and ultimate conversion and lead generation.


Our Open Evening was busier than ever, with an unprecedented number of prospective parents and students visiting our school. Students were exemplary ambassadors and guides, our sincere thanks to all that gave their time to help make the evening the success that it undoubtedly was. Each department hosted a room and activities to engage visiting students and give families a feel for our school. Activities and demonstrations included a showcase piece in PE from our gymnasts, marvellous baking (and eating!) of custard creams and brownies and a host of hands-on experiments and explorations in our science department. Thank you to all staff and students for making all our visitors so welcome, all your hard work is very much appreciated.
Student Data. We have a new convenient way for you to access, review and request updates to the student information we hold directly from your phone as well as see key term dates, attendance and other key information. This system will replace the SLG platform.
From 29th of October 2018, you will be able to access our new Parent App via a smartphone, tablet or PC – anytime, anywhere.
What a wonderful array of special lessons and celebrations to mark our 60th anniversary! Staff embraced the 50's with special themed lessons and in some cases, hairstyles too! Students enjoyed practical lessons including learning to dance the 'jive' in music, bake cheese straws to a 50's recipe in food tech and embroidery techniques and stitches in textiles. The Science department explored great discoveries and inventions of the 50s, and in particular the discovery of DNA – including a debate on whether the only female of the group, Rosalind Franklin should have been awarded the Nobel Prize posthumously (unfortunately she had already died when the men received the award for the groups work). On Saturday we invited former staff and students to visit the school to join us to share stories and cake plus have a tour of the school buildings.


Firmly securing a slot on the list of movies that completely waste a compelling, original premise, "The Space Between Us" amounts to nothing more than a tween angst soap opera whose gaping plot holes consume itself like a massive black hole. The thought-provoking idea of a child born during a space mission, raised on Mars, and finally lands the chance to travel to Earth is unconditionally squandered in this forgettable film. It's a sci-fi movie without any sci-fi, a road trip movie that's stuck in neutral, and a romance that is far from romantic. It's also an all around failure.
Weird astro-boy Gardner (Asa Butterfield) has spent his entire life on a space colony on the red planet. He fills his days chatting online with sassy teen Earthling girl Tulsa (Britt Robertson) but he struggles to keep his true life story a top secret mystery. When the head honchos finally decide to bring Gardner to Earth, it turns out the young man's body can't acclimate to gravity and he begins to die. It's an imaginative idea that's poorly written and directed, and it sadly devolves into a wishy-washy chase movie as the pair try to outrun "the adults" from NASA (Gary Oldman and Carla Gugino). The committed, strong performance from Oldman is at least a welcome surprise here.
There are plenty of predictable platitudes about living the best life you can, loving hard and following your dreams, but the characters and the love story are so sanitized that it flounders on every possible level. This it not a realistic teen love story that's been done so much better in other young adult films (see "The Fault in Our Stars"). The movie lacks the self confidence to be honest with its characters and its storyline, flat out refusing to push its characters too far into the uncomfortable, slightly dark zone. This would have been a far better movie if everything wasn't so sanitized and squeaky clean.
The ridiculous and optimistic conclusion is preceded by a steady, antiseptic diet of indifference. It's hard to care about these characters when they are such one-note shells of real people. The Martian boy is bland and his equally dull romantic interest feels far too forced and fake. Case in point: she's a foster kid who wears a leather jacket and rides a motorcycle! What a rebel! He's a wide-eyed fish out of water who jumps when he first encounters rain and is startled by a horse. How wacky!
This is a very interesting, very ambitious premise that is ruined with rampant cornball, cheesy dialogue and sitcom-like situations. In short, it's a disappointing waste of what could've been an engaging story.
Is it just me or is Britt Robertson the most annoying actress ever? Maybe it has something to do with the roles she chooses: Tomorrowland, Mother's Day (UGH!). She's 26 years old and still often plays a teenager.
Good review. I agree with you. The movie's premise was a bit ambitious and could've been something quite interesting, but the movie was definitely ruined by being a sappy teen drama movie that felt like a TV movie.


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TechiLive - Live News for you
46 Covid deaths in Delhi in 5 days, 34 patients had comorbidities, 25 aged above 60: Govt data
By James Pereira On Jan 10, 2022
Five fatalities were recorded in the 21-40 age group, while one patient each from the 0-15 and 16-20 age cohorts succumbed to the infection, the data showed.
Of the 46 COVID-19 patients who died in Delhi between January 5 and January 9, 34 had comorbidities such as cancer and heart and liver diseases, according to government data.Only 11 of the 46 were vaccinated against the coronavirus.Twenty-five of these patients were aged above 60 and 14 aged between 41 and 60. Five fatalities were recorded in the 21-40 age group, while one patient each from the 0-15 and 16-20 age cohorts succumbed to the infection, the data showed.
According to an official, 32 patients were admitted to ICUs and they were mostly those who had comorbidities such as chronic obstructive pulmonary diseases, cancer, liver and heart diseases etc.Twenty-one patients, who had other problems, tested positive for Covid after being admitted to hospitals.
Thirty-seven of the 46 patients were admitted to hospitals when their oxygen saturation level dropped below 94 per cent.According to the data, 12 patients died on the same day after hospitalisation, while 11 died within a day.An official said inflammation of heart muscles, arrhythmia, heart attacks and pulmonary embolism — pulmonary arteries in the lungs getting blocked by a blood clot — were major reasons behind the deaths occurring on the same day or within a day of hospitalisation.
Fourteen patients died within three to seven days while three died after a week of hospitalisation.On Sunday, Delhi reported 17 deaths due to Covid, the highest in a day since June 13 last year.The capital has logged 53 Covid deaths so far this month. A total of 54 fatalities due to the viral disease were recorded in the last five months — nine in December, seven in November, four in October, five in September and 29 in August.
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A mere three-hour journey from Ahmedabad is all it takes, said my friend-hostess. She was trying to persuade me to postpone my return by a day in order visit Sankheda. The town in Chhota Udepur district of Gujarat is famed for its wooden lacquer work. I finally gave in.
Actually, I did not have to go to Sankheda for an introduction to Sankheda craft. And that is probably also true for the average Indian. The richly colourful lacquered woodwork of Sankheda is widely known, given how the products are seen in homes across India. Known as Sankheda furniture and craft after the town where they are made, they are widely exported too; so they find a presence in houses around the world, including the US, Africa, Europe, South East Asia etc.
The furniture range includes sofa sets, chairs, swings, tables, cupboards, stools, room dividers, walkers, pedestals, puja mandirs etc. A child's cradle is also a popular product, and in fact, the more ornate ones are treasured as heirlooms, hold sentimental value, and are passed on from one generation to another.
The motifs are all painstakingly handpainted. You will see floral motifs or a lattice of geometrical shapes. Tiny wooden bells are a characteristic feature in many products. Some of these pieces are highly ornate. They are all as beautiful as they are sturdy and durable.
The glossy furniture with patterns in a palette of distinctive colours like gold, yellow, red/brown, orange, and silver — with blue, purple and green being used in modern times — not only adorns residences, but is also in demand during ritual celebrations and weddings (for chairs for the bride and groom). They are also used as pedestals on which a god's idol is placed. Gujarat's royalty was also fond of gifting Sankheda products to their visiting guests. Many homes which prefer the ethnic theme for their interior decor go for Sankheda products. Sankheda furniture is quite an eye-catcher — whether in homes, offices, restaurants or celebratory events.
While several traditional Indian crafts are gradually dying out owing to the lack of demand, low awareness among the public and inadequate marketing, Sankheda is a heartening good-news story with the craft flourishing, thanks to high demand, good returns, quality packing and modern marketing methods.
The craftsmen who fashion these beautiful products belong to the Kharadi community. We found that many of them were fairly articulate and at the bigger centres, they appeared market-savvy too. Definitely, they were all in touch with market trends. They revealed a strong sense of community identity and significantly, most of the craftsmen we met expressed confidence that their next generation would carry on the tradition. And this, even while they were aware of the need for good education.
So, we found many youngsters who were not only educated, but also knowledgeable about their craft. In fact, in some families, the younger, English-knowing members take charge of the interactions with foreign clients and the occasional journalist. The community worships Krishna and other gods, while Vishwakarma, the Indian god of architects, is a favourite.
A high degree of skill, long hours of hard work with concentration and a great deal of aesthetic sense are called for in creating these products. Sankheda furniture uses teakwood. Teakwood pieces that will make up the piece of furniture are separately dealt with. Each piece is first cut to the required size and shaped on a lathe and smoothened out, after which a solvent is applied and the piece is left to dry. Designs are painstakingly hand-painted on the pieces. The geometric precision with which the craftsmen do this is admirable.
The pieces are then polished at the lathe with the pressure of an akik stone. This treatment is followed by applying lacquer and subjecting it to heat from coals. Leaves of the kewda tree are used for further polishing and finishing. More drying follows. The pieces have to be assembled into furniture; they are subject to drilling to create joints. Then they are assembled for sale.
There are differences in the way the furniture is made by some craftsmen. Also, the use of synthetic colours and melamine coating may be noticed here and there.
We heard a charming tale of how this craft originated. About one-and-a-half centuries ago, Sankheda's carpenters lived in penury. One day, a mendicant sadhu from the Araavali hills came here seeking alms. Despite their poverty, they extended to him whatever help was within their means. The holy man was pleased and in return taught them how to upgrade from their ordinary carpentry job by creating lac or natural resin using the secretion of insects, polishing wood and painting designs. That is the whole process by which Sankheda furniture acquires its unique appearance and quality. And the word 'Sankheda' is said to be derived from the word Sanghedu, which is the Gujarati term for lathe.
The gloss, pretty designs and completely ethnic look are what attract many customers to Sankheda furniture. However, one should not expose this furniture to direct sunlight as the colours will fade and the shiny look may turn dull. Oil and water are also a no-no. Cleaning with a soft, dry cloth is ideal, we were told.