The Forests And Reserves Act 1983
 

Act 41 of 1983-1 May 1984

ARRANGEMENT OF SECTIONS

short title

Interpretation

Nature Reserves Board

National forest

Survey of mountain reserves

Appeal against survey

Deposit of survey and plan

Removal of trees and brushwood

Planting of reserves

Trees bordering roads

Destruction of trees in unsurveyed forest

Powers of search, seizure and arrest

Certificate of authorised officer

Offences

Penalties

Jurisdiction

Regulations

Repeal

Transitional provision

Commencement

First Schedule-Mountain Ranges

Second Schedule-Nature Reserves

Third Schedule-Protected Plants

Fourth Schedule-Rivers and Rivulets

To amend and consolidate the law relating to forests, reserves and related matters

1 Short title

This Act may be cited as the Forests and Reserves Act 1983.

2 Interpretation

(1) In this Act-

"authorised officer" means a public officer entrusted by the Minister with

responsibility for carrying out all the functions specified in this Act;

"base line", in relation to a mountain range, means the line specified as such in the

first Schedule;

"Chief Surveyor" means the Chief Surveyor of the Ministry of Housing, Lands and

the Environment;

"Crown lands" includes land vested in the Curator;

"destroy" includes bark, break, burn, bury, cut, fell, saw, uproot;

"district" has the same meaning as in the Local Government Act 1989;

"escarpment" means the bank of a river, rivulet or feeder, the mean slope of which

makes an angle of net less than 60 degrees with the horizontal line;

"feeder" means the affluent of a river or rivulet;

"forest land" includes a national forest and all land which is not under cultivation

and which is covered by trees;

"forest officer" means any public officer authorised in writing by the authorised officer;

"forest produce" includes bark, charcoal, carat, creeper, earth, fandia, fibres, firewood,

fruit, grass, gum, honey, leaves, litter, moss, bird's nest, peat, plants, resin, roots,

Sand, sap, seeds, spices, stones, trees, wax, withies and any other thing which

the Minister may by regulations declare to be forest produce;

"game" has the same meaning as in the Wildlife Act;

"implement" includes any air rifle, bow and arrow, catapult, trap, noose, poison, axe,

hatchet, saw or other instrument capable of being used for destroying trees or

working timber;

"Minister" means the Minister to whom responsibility for the subject of forests is

assigned;
 

"mountain range"

(a) means a mountain or mountain range specified in the First Schedule; and

(b) includes the main chain and all spurs pertaining to the system;

"mountain reserve" means land lying between the ridge fine and the mountain reserve

line on either side of a mountain range;

"mountain reserve line", in relation to a mountain reserve, means, subject to

subsection (2), a line situated on the side or slope of the mountain reserve at

an altitude which exceeds that of the base line by one third of the difference

of altitude between the ridge line and the base line;

"national forest" means a forest declared as such under section 4;

"nature reserve" means an area specified in the Second Schedule;

"occupier", in relation to immovable property-

(a) means the lessee;

(b) includes a person having possession of the property;

"owner"-

(a) includes a person having a legal interest in immovable property;

(b) does net include an occupier;

"Permanent Secretary" means the Permanent Secretary of the Ministry of Agriculture,

Fisheries and Natural Resources;

"protected plant" means a plant or a class of plants specified in the Third Schedule;

"remove" means carry, convey, or take away in any manner;

"reserve" means a mountain, nature, river or road reserve;

"river" means a river specified in the Fourth Schedule;

"river reserve" means-

(a) where there is an escarpment, the land extending from the edge of a

watercourse to the top of the escarpment;

(b) where there is no escarpment, the land extending from the edge of a

watercourse to a distance measured on the horizontal plane-

(i) in the case of a river, of16 metres;

(ii) in the case of a rivulet, of 8 metres;

(iii) in the case of a feeder, of 3 metres;

"rivulet" means a rivulet specified in the Fourth Schedule;

"road" has the same meaning as in the Road act

"road reserve" means the land on each side of a road which forms part of the domaine

public

"stream" includes-

(a) any marsh or morass situated on Crown land from which a stream flows;

(b) any marsh or morass net situated on Crown land declared to be a stream by

the Minister, by regulations;

structure" includes fencing;

"tree" includes live or dead timber, shrubs, underwood, brushwood, bamboo, palm,

branches and twigs;

"wood"-

(a) means any tree which has been cut or has fallen down; and

(b) includes any timber or produce derived from a tree.

(2) For the purpose of determining a mountain reserve line-.

(a) a point in ridge line shall have for its corresponding point in the reserve

line a point lying in the same vertical plane as the point to be taken in the

base for the measurement of altitude;

(b) the line passing through points in the ridge, reserve and base fines shall be

the one which has least length in the horizontal projection;

(c) the reserve line shall-

(i) not be curved line;

(ii) be composed of a series of straight lines following generally the theoretic

line and neglecting its smaller sinuosities, drawn so as to ensure that

in the whole no additional area is given to the reserve for any one

property and that the reserve fine is in no case less than 60.96 metres

above the base fine.

3 Nature Reserves Board

(1) There is established a Nature Reserves Board which shall advise the Minister-

(a) on any area which, in the opinion of the Board, shall be a nature reserve; and

(b) generally on ail matters relating to nature reserves.

(2) The Board shall consist of- .

(a) the Permanent Secretary or his representative, who shall be the Chairman; and

(b) net less than 5 nor more than 8 other members appointed by the Minister

on such terms and conditions as he thinks fit.

(3) Subject to such directions as the Minister may give, the Board shall regulate its

meetings and procedure in such manner as it thinks fit.

4 National forest

(1) The Minister may, by regulation

(a) declare any Crown land which is a forest to be a national forest;

(b) specify the boundaries of every national forest.

(2) Any area declared to be a national forest shall be inalienable and shall not be

devoted to any use other than as forest land.

5 Survey of mountain reserves

(i) The Chief Surveyor may after giving not less than 10 day written notice to the

owner or occupier of a mountain reserve, by means of a survey determine the mountain reserve

line of a mountain range or the boundary of a mountain reserve

(2) Notwithstanding section 15 of the Land Surveyors Act a plan of every

subsection (i) shall be made and deposited in the Registry and endorsed by the registrar with the date of deposit.

(3) Every plan deposited under subsection (2) shall be open for inspection as soon as a notice to that effect is published by the Registrar in the Gazette and in three daily newspapers and for 30 days from the last publication of the notice

6 Appeal against survey

(1)Any person who is dissatisfied with a determination under section 5 which affects any property of which he is the owner or occupier may, within days 30 of the last publication of a notice under section 5, appeal against the determination to the Supreme Court within such time and in such manner as may be provided by rules made by the Supreme Court for the purpose.

(2) The Supreme Court may, on an appeal under subsection (i),make such order

as it thinks fit.

7 Deposit of survey and plan :

(1) The Registrar shall-

(a) within 30 days of the last publication of a notice under 'section 5; or'

(b) where an appeal is made under section 6, on the determination of the appeal,

deposit in the office of the Chief Surveyor, the survey and plan subject to such alterations

as may have been ordered, on appeal, by the Supreme Court

(2) In any proceedings relating to a mountain reserve, a copy of a plan deposited

under section 5 and signed by a surveyor may be received in evidence in lieu of the original plan.

8 Removal of trees and brushwood

(1) The authorised officer may authorise‚ the owner or occupier of

(a) a mountain reserve to cut or remove-

(i) dead or dying trees; or

(ii) live trees of small size in coppice, for the purpose of improving the growing rock in the mountain reserve;

(b) a river reserve to cut or remove trees for-

(i) building a bridge;

(ii) making a road or establishing a path;

(iii) obtaining convenient access to a stream;

(iv) replanting the land.

(2) The authorised officer may impose such conditions on the grant of an authorisation

under subsection (i) as he thinks fit, including section 8-

(a) to enable forest officers to exercise proper control over the operations;

(b) as to the security to be furnished by the owner or occupier for the payment

of expenses incidental to any control exercised under paragraph (a);

(c) concerning the replanting of the land.
 

(3) The owner of a mountain or river reserve may destroy cuscuta creeper growing

on the reserve and may, in the presence and subject to the directions of the authorised officer,

lop off the branches of trees where such a course of action is necessary to destroy the cuscuta

creeper.

9 Planting of reserves

Where a mountain or river reserve is-

(a) uncultivated;

(b) cultivated in such manner as to cause soil erosion;

(c) unoccupied and the owner cannot be ascertained,

the authorised officer may cause the land to be planted or replanted in such manner as he 'thinks fit.

10 Trees bordering roads

(1) Except with the written authorisation of the authorised officer, no person shall destroy a tree on a road reserve.

(2) The authorised officer may, with the written consent of the owner of land bordering a road reserve, plant one row of trees along each side of the road reserve In such manner as he thinks fit.

(3) Except with the consent of the owner of the building or land, as the case may be, no tree shall be planted within

(a) 10 metres of a building;

  1. one metre of a boundary between the property of different owners.
(4) (a) Subject to paragraph (b), no person shall damage or, except with the written approval of the authorised officer, cut or remove a tree growing or planted within 2 metres of either side of a road.

(b) Paragraph (a) shall not affect the power of a person to cut trees under-

(i) the Electricity Act;

(ii) the Public Health Act;

(iii) the Roads Act; and

(iv) the Telephone Act;

11 Destruction of trees in unsurveyed forest

(1) No person shall destroy a tree on forest land which is-

  1. adjacent to land belonging to or claimed by the crown;
  2. in the possession of or claimed by the curator; or
  3. adjacent to a mountain reserve,
unless the forest land has been surveyed under the Land and Surveyors Act and its boundaries as determined by the survey, are clearly marked out and defined on the spot.

(2) No offence under subsection (1) shall be committed by the owner of the land

Where he cuts or marks trees for the purpose of defining the boundaries of the land if-

(a) he has given prior written notice of his intention to the Chief Surveyor

(b) no more damage is done to the trees than is necessary for the purpose.

12 Powers of search, seizure and arrest

(1) Any forest officer or police officer, the chief Surveyor, the authorised officer, or the owner or occupier of the land on which an offence is committed, may, without warrant arrest any person found committing an offence under this Act.

(2) Any forest officer or police officer, the Chief Surveyor or the authorised officer

may at all reasonable hours enter-

(a) Crown land, forest land or any reserve;

(b) any land adjacent to Crown land, a mountain, nature or river reserve;

(c) any land which it may be necessary to cross in order to reach Crown land, a mountain, nature or river reserve.

(3) Any forest officer or police officer or the owner or occupier of the land, who finds any animal, other than game, on Crown land, a mountain, nature or river reserve may seize and impound the animal.

(4) Any animal seized and impounded under subsection (3) shall be dealt with in the

manner specified in section 4 of the Prevention of Cruelty to Animals Act.

(5) The authorised officer or any forest officer may, at all reasonable hours, enter any premises where wood is kept and inspect the premises and the wood found on the premises.

(6) Where in the course of an inspection under subsection (5), the authorised officer or any forest officer has reason to believe that the wood kept on the premises has been obtained in contravention of this Act, he may seize and remove the wood.

(7)Any wood seized under subsection (6) and in respect of which a conviction for an offence under this Act ensues shall be forfeited unless the court, on being satisfied that the wood was obtained or removed from any land, other than crown land, without the knowledge of the owner or occupier, orders that the wood be returned to the owner or occupier of the land

(8) Any forest officer or police officer may, for the purpose of this Act, stop any vehicle carrying forest produce and

(a) where the driver or any person in charge of the vehicle fails to comply with an order given to him by the forest officer or police officer shall commit; or

(b) where the forest officer or police officer has reason to believe that an offence is being or has been committed in contravention of act with respect to forest produce carried by the vehicle, ha may seize and remove the forest produce.

(9) Any cattle, vehicle, implement or forest produce found in the possession of any person who contravenes this Act may be seized and taken to a police station and the officer in charge of the station shall retain them at such place as he thinks fit for production in respect of any prosecution for an offence under this Act

13 Certificate of authorised officer

In any prosecution for an offence under this Act, a certificate signed by or under the authority of the authorised officer relating to-

(a) the fact that the alleged offence was committed on Crown land, a reserve or a national forest or

(b) the value of any forest produce or damage caused, shall be‚ evidence‚ of the facts stated in the certificate.

14 Offences

(1) No person shall-

(a) plant a mountain or river reserve‚ or cause the reserve to be planted, otherwise

than with fruit trees, forest trees or crops approved by the authorised officer;

(b) cultivate a mountain or river reserve otherwise than in accordance with any directions that may be given by the authorised officer;

(c) without the written authority of the authorised officer build any structure on a mountain or, river reserve.

(2) No person shall-

(a) without the written authority of the authorised officer or in the case of forest land, the owner-

(i) introduce any article or thing injurious to plant life onto Crown land forest land or a mountain, river or nature reserve;

(ii) be in possession of a firearm or an implement on Crown land, forest land or a mountain, river or nature reserve;

(iii) depasture any animal or allow any animal to graze on Crown land, forest land or a mountain, river or nature reserve;

(iv) damage, destroy, dig or remove any forest produce on or from Crown land, forest land or any reserve or be in possession of any forest produce so damaged, destroyed, dug or removed;

(iv) act negligently or maliciously in a manner which causes or is likely to cause soil erosion;

(b) deposit or throw any rubbish, article or thing of a dangerous or offensive nature on any Crown land or reserve;

(c) introduce any plant or animal into a nature reserve;

(d) light a fire in a nature reserve without the written authority of the authorised officer;

(e) in any way interfere with a nature reserve or damage any feature on a nature reserve;

(f) be in a national forest, between 6 pm and 6 am;

  1. plant, cultivate or intentionally spread or propagate cuscuta creeper; or
  2. damage or interfere in any way with a protected plant on any Crown land or reserve.
(3) Any person who, without the authority of the authorised officer-

(a) marks any forest produce or affixes on any forest produce a mark used by a forest officer to indicate that the forest produce is the property of Government or that it may be lawfully cut or removed;

(b) alters, obliterates, removes or defaces any stamp, mark, sign or permit used by a forest officer;

(c) alters, obliterates, removes or defaces any stamp, mark or sign appearing on any forest produce;

(d) covers any tree stump on Crown land, forest land, a reserve or a road reserve with brushwood or earth or by any means conceals, destroys or removes a tree stump; or

(e) wears any uniform, badge or other mark issued to be worn by a forest officer, shall commit an offence

(4) Any person who contravenes this Act or any subsidiary enactment made under this Act or any direction given by the authorised officer shall commit an offence.

[Amendedl/86]

15 Penalties

(1) Any person who commits an offence for which no penalty is otherwise expressly provided shall, on conviction, be liable to a fine not exceeding 5000 rupees and to imprisonment for a term not exceeding 24 months.

  1. The court before which a person is convicted of an offence shall, in addition to any penalty imposed-
(a) order the forfeiture to the Government of-

(i) any article or thing used in connection with the commission of the offence; and

  1. any forest produce which is the object of the offence;
(b) order the offender to pay 5 times the value of the forest produce in respect of which the offence was committed, or such sum as it thinks fit for the repair of, or as compensation, for damage or loss caused by the commission of the offence;

(c) in the case of a conviction under section 14(1) and (2)la) and 16) order the offender to remove, within such time as may be specified by the court-

(i)the plant cultivated or structure built on the mountain or river reserve

(ii) the article, thing or rubbish introduced, deposited or thrown on the Crown land or reserve.

(3) Any animal, article or thing or forest produce forfeited under this Act shall be disposed of in such manner as the authorised officer thinks fit.

(4) Any person who fails to comply with an order made under subsection (2)(c) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 2 years.

(5) The court before which a person is convicted of an offence under subsection (4) may, in addition to any penalty imposed, authorise the authorised officer to remove the plant, structure, article, thing or rubbish at the expense of the offender.

[Amended 1/86]

16 Jurisdiction

Notwithstanding-

(a) section 114 of the courts Act; and

(6) section 72 of the District and Intermediate courts (Criminal Jurisdiction) Act,

a Magistrate shall have jurisdiction to try an offence under this Act and may impose any penalty

provided by this Act.

17 Regulations -

(l) The Minister may make such regulations as he thinks fit for the purposes of this Act.

(2) Any regulation made under subsection (1) may provide for-

(a) the taking of fees;

(b) the amendment of schedules.

18 Repeal

The following enactments are repealed-

(a) the Forests and Mountain and River Reserves Act;

(b) the Woods and Forests Act;

(c) the Rodrigues Bois Noir Timber Regulation 1939;

(d) the Rodrigues Forests Regulations 1882.

19 Transitional provision

Where, at the commencement of this Act, any land already under the cultivation of sugarcanes becomes part of a mountain or river reserves, the Minister may direct that the Owner or occupier of the land may, notwithstanding this Act, continue to cultivate the sugar cane for a period not exceeding 3 years.

20 Commencement

This Act shall came into operation on a day to be fixed by Proclamation.

FIRST SCHEDULE

(section 2)

MOUNTAIN RANGES

Port Louis and Calebasses Ranges

These ranges lie in the districts of Port Louis, Moka, Pamplemoussess and

Flacq and form boundary lines for these districts.

The peaks in these ranges are Mount Ory, Pouce, Pieter Both, Deux

Mamelles, de la Decouverte and Motte a Thérèse.

The spurs in these ranges are Pailles, Signal, Citadel, Pretres, Longue Bon-

amour and Nicolière.

These ranges shall be deemed to include the mountains Rempart and

Pavillon.

The base line of these ranges shall.-

(a) in the district of Port Louis, be a horizontal contour line 45.72 metres

above mean sea level;

(b) in the other districts, follow the following roads; the Trunk Road

from the point to which it crosses St. Louis stream to its junction

with the Port Louis to Moka and Grand River South East Road at

Mount Ory, then along this road to its junction with the Bois Chèri

Road, then along this road to its junction with the Rivière Baptiste

Road; along this road to its junction with the Crève Coeur Road

near Napoléon Bridge; then along Crève Coeur Road to its junction

With the Victoria Road; then along this Road to its junction with the

Old Calebasses Road: then along the Old Calebasses Road to its

junction with the Higginson Road; then along Higginson and Brisée

Verdière roads to their junction with the Port Louis-Central Flacq

Road: then along that road towards Villebague and following Old

Villebague Road to the Pamplemousses Road; then along Pample

mousses Road to Bazire Bridge on the boundary of the district of

Port Louis.

2. Mont Piton

3. Montagne Fayence

4. Montagne Blanche

5. Petit Malabar

6. Grand Malabar

7. Corps de Garde

8. Candos Hill

The base fine for the mountain ranges numbered 2 t0 8 shall be in each

case the nearest surrounding public roads.

9.

Rempart

The base line for this range shall follow Rivière Papayes till its junction

with Rivière du Rempart; thence following Rivière du Rempart till it

meets the Black River Road; then along the Black River Road till this

road meets the Tamarin River; thence up the Tamarin River to its source.

10.

Tamarind and Terre Rouge Ranges

On the sea the base lie shall be the Coast Road, commencing at the

Tamarind River and ending at Grande Rivière Noire; thence up Grande

Rivière Noire to its source on the South side; and up to Tamarind River

and its source on the North side. On the East side the base line shall be

the public road between Henrietta mill and Tamarind Falls mill.

11. Rivière Noire and Morne Brabant Ranges

The peaks in these i-anges are Morne Sec, Rivière Noire, Laporte, Canot

and De Fouge.

On the sea side the base line shall follow a horizontal contour fine

45.72 metres above mean sea level, from its intersection with the Grande

Rivière Noire in the North, in a southerly direction till its intersection with

the Baie du Cap River; it shall follow up the main stream of Baie du Cap

River above the point where the river is called Baie du Cap; it shall follow

the course of the main tributary passing through Chamarel Estate; the

remaining base line shall be Grande Rivière Noire and its tributary the

Grande Gorges Stream.

12.

Savanne Range

On the sea side the base line shall follow a horizontal contour fine

182.88 metres above mean sea level. After this line running East cuts the

course of Savanne River, the base line turning inland shall follow the

course of the main stream of this river up to its source. When the horizontal

contour line of 152.40 metres running West along the Coast cuts the course

of Baie du Cap River it shall turn up that river and follow its course in the same manner as that specified for the Rivière Noire Range.

13. Perruche

The base line shall be a horizontal contour line of the same attitude as the water level of the Mare aux Vacoas.

14. Bambous and Creole Ranges

The peaks of these ranges are Hollandais, Negresse, Bambous and Grand

River South East.

The spurs of these ranges are Old Grand Port, Lion and du Diable.

FIRST SCHEDULE

On the sea side between the rivers Creoles and Grand River South East

the base line shall be a horizontal contour line 182.88 metres above mean

sea level. Thereafter it shall follow the course of the streams of these two

rivers.

The reserve line for these ranges shall in no case, however, have a less

altitude than 365.76 metres above mean sea level.

15. Lagrave and Chevillard or d'Auvillard Ranges

The peaks of these ranges are Lagrave, La Selle and Table a Perrot.

The base line for these ranges shall be on the Southern side, the Rivière

des Creoles and its tributary Eau Bleue to its source and on the Northern

side Grand River South East along its course up to its source.

16. Montagne Chaumont

The base line shall be the Plaines Wilhems Road at the thirteenth milestone.

17. Montagne Pauline

This Mountain is situated in the District of Grand Port near former Cluny

Railway Station.

The base line shall be the River Beemanique on the West and South sides,

and the River Eau Bleue on the East and North Sides.

18. Montagne Dalais

This mountain is situated in the District of Grand Port in the cent Gaulettes

Valley.

The base line shall be the River Eau Bleue and the Rivière des Creoles.

19. Montagne Maurice

This mountain is situated in the District of Flacq. The Grand River South

East separates it from Bambou Mountain range.

The base line shall be on the South, Grand River South East and on the

West, North and East the nearest public road.

20. Mountain Vernon

This Mountain is situated in the District of Grand Port.

The base line shall be on the West and South the River Beemanique, on

the East and North the nearest public road.

The altitude of the base line for all mountain ranges shall in no case be

less than 45.72 metres above mean sea level.

SECOND SCHEDULE

(section 2)

NATURE RESERVES

1.

Perrier (1.50 ha)crown Forest Block No. 52 bounded as follows:-

Towards the East by a line on 137.46 metres between stones NR 1

and NR 2.

Towards the South by another line on 36.27 metres starting from stone NR 2

to store NR 3.

Towards the West by Rivulet Cogliano to stone NR 4.

Towards the North by a road from Chemin Maingo to Crown land de

Rauville on 160.63 metres from stone NR 4 to stone NR 1.

2.

Macchabée- Bel Ombre (3.611 ha.) bounded as follows:-

Towards the North, from stone NR 3 on the summit of Tamari'n Range by a

line running along the boundary of Crown Lands Saint Francois and Boucher-

ville on 1070.45 metres to stone ^ by the remaining portion of Crown Land Mare

Longue on 487.68 metres to stone ^ 4, by Crown Land Quessy on 1356.35 metres

up to store ^ 5 by the remaining portion of Crown Land Sainfray a straight

line running in a southerly direction on 765.96 metres up to stone NR L, by

the southern boundary of crown Land Sainfray on 570.28 metres up to stone

NR 2; thence by a straight line across Crown Lands Florin, Desgranges and

Laing up to its junction with two forest roads, then by another forest road

running in an easterly direction to " Les Mares " Branch Road on a developed

length of 868.67 metres,

Towards the East by " Les Mares " Bianch Road on a developed length

251,46 metres up to feeder Peche, thence by feeder Peche up to stone NR 7

thence by the surplus of Crown Land Maudave (Terrain Raoul) on a straight line

of 894.27 metres measured between store NR 7 and NR 1 near River du Poste,

thence along River du Poste up to its junction with Grand Bassin road, along

Grand Bassin Road up to its junction with " Les Mares " Branch Road on

928.71 metres along " Les Mares " Branch Road up to its junction with boundary line

928.72 separating the District of Plaines Wilhems and Savanne and thence

along this boundary line up to Government boundary stone ^ 35, at the

summit of the Black River Gorges, thence along a straight line running between

stone ^ 35 and ^ 31, thence by Crown Land Les Mares on a line broken into

five parts measuring respectively 761.99 metres between stone 31 and

stone ^ 32, 1052.15 metres between stone ^ 32 and stone ^ 33, 135.63 metres

between stone ^ 33 and stone ^ 25, 149.35 metres between stone 25 and

stone ^ 24, 789.12 metres from stone ^ 24 to the crest of Mt. Cocotte.

Towards the South by the crest of Mt. Cocotte up to stone ^ 26 thence

Mountain Reserves Bolgerd on a line broken into three parts measuring

respectively 769.51 metres between stone ^ 26 to stone^ 27, 227.07 metres

between stone ^ 27 to stone ^ 28, 2047.61 metres between stone 28 to

stone ^ 29 (store WF 73), thence by the property of Bel Ombre Sugar Estate

on a line broken into two parts measuring respectively 822.03 metres from

stone WF 73 to store WF 74 and 1095.94 metres from stone WF 74 to stone

WF 75, thence along Rivulet Jacobie up to stone WF 59, thence again by

the property of Bel Ombre S. E. on a line broken into two parts measuring

respectively 1874.18 metres between stone WF 59 and stone WF 60 and

2132.07 metres between stone WF 60 and .stone WF 61

SECOND SCHEDULE-continued

property of Bel Ombre Sugar Estate on a line broken into two parts measuring

respectively 822.03 metres from stone WF 73 to stone WF 74 and

1095.94 metres from stone WF 74 to stone WF 75, thence along Rivulet Jacobie

up to stone WF 59, thence again by the property of Bel Ombre S. E.

on a line broken into two pans measuring respectively 1874.18 metres

between stone WF59 and stone WF 60 and 2132.07 metres between stone

WF 60 and stone WF 61.

Towards the West by privately owner land (Abondance Estate) on a line

broken into two pans measuring 717.79 metres between stone WF 61

and stone WF 62, 558.69 metres between stone WF 62 and stone WF 63,

thence partly by Abondance Estate and partly by Crown Land Fantaisie

on a line broken into two parts measuring 633.97 metres between stone

WF 63 and stone WF 64, and 1362.43 metres between stone WF 64 and

stone WF 65, thence by the property of Bel Ombre S.E. on a line broken

into five parts measuring respectively 574.84 metres from stone WF 65 to

WF 66,564.48 metres from stones WF 66 to WF 67, 1014.66 metres from

stone WF 67 to WF 68, 316.99 metres from stone WF 68 to WF 69, 231.64

metres from stores WF 69 to WF 70, thence along the boundary of

Crown Land Coin du Mouchoir on 934.80 metres between stones WF 70

and WF 71, thence by Crown Land St. Denis on 720.23 metres up to

stone WF 72, thence along the boundary separating Crown Lands Mesliers

and St. Denis up to its junction with Ligne Buguth, thence along Ligne

Buguth in a westerly direction up to Black River Escarpment. Thence along

trie top of Black River Escarpment to its intersection with a straight line

running through the top of Macchabée and Bris Fer spurs and thence by a

straight line to stone NR 3/ 1.

3. Corps de Garde (90.33 ha-Crown Forest Block No. 211 bounded as

follows:-

Towards the North and East by the crest of the mountain.

Towards the South by the crest of the mountain.

Towards the West by Canal La Ferme and by Crown Land La Ferme on

a line broken into 14 parts measuring respectively from the Canal 60.96

metres to stone MRL 4,320.95 metres to stone MRL 5,189.89 metres to

stone MRL 6,139.60 metres to stone MRL 7,173.43 metres to stone

MRL 8,171.90 metres to stone MRL 9,408.12 metres to stone MRL 10,172.51

metres to stone MRL 11,196.90 metres to stone MRL 12,209.70 metres to

stone MRL 13,240.18 metres to stone MRL 14,164.89 metres to stone

MRL 15,232.25 metres to stone MRL 16 and 380.99 metres to stone

MRL 17.

4. Pouce (68.80 ha)-Crown Forest Block No. 1555 bounded as follows:-

Towards the North by a mountain Spur.

Towards the East by the crest of the Pouce Mountain.

Towards the South by another mountain Spur.

Towards the West by a line measuring about 1447.77 metres from one Spur

to the other.

SECOND SCHEDULE continued

5. Cabinet (17.73 ha) Crown Forest Block No. 60 bounded as follows:-

Towards the East by Le Cabinet belonging to the Central Electricity Board

on a line broken into two parts measuring respectively 457.19 metres and

480.36 metres.

Towards the South by land of the Central Electricity Board on a line

broken into four parts measuring respectively 96.01 metres, 129.84 metres,

120.40 metres and 71.93 metres.

Towards the Noah and West by Crown Land and lards belonging to the

Central Electricity Board on a line broken into three parts measuring

respectively 49.07 metres, 760.15 metres and 350.51 metres.

6.

Combo (206.84 ha.) -bounded as follows :-

Towards the North-by surplus of Crown Land Combo on a line starting

from the crest fine of Savanne Range and running along an existing path

and along a road to the escarpment of River Savanne, thence in a straight

line running in a North easterly direction to River Savanne.

Towards the East-by River Savanne from the above mentioned point down

to its junction with the Southern boundary of Crown Land Combo at

stone 54.

Towards the South-by private property (Surinam Estate) in a straight line

from stone 54 to stone 55 on the crest line of Savanne Range.

Towards the West-by private property on a line running along the crest

line of Savanne Range from store 55 to the starting point.

7.

Les Mares (5.10 ha) (Part of Crown Land Les Mares and part of Crown

Land Gouly Pere) bounded as follows:-

Towards the North-by the surplus of Crown Lands "Les Mares" and

Gouly Pere", a forest road between, on a developed length of one thousand

and seventy two feet or 326.7 metres.

Towards the East-by the surplus of Crown land "Gouly Pere" on a

straight line measuring four hundred and ten feet or 124.9 metres.

Towards the South-again by the surplus of Crown Lands "Les Mam"

and "Gouly Pere" on a straight line measuring seven hundred and sixty

seven feet or 233.7 metres and

Towards the West-by the surplus of Crown Land "Les Mares" on a line

broken into three parts measuring respectively three hundred and sixty

eight feet or l12.1 metres, eighty eight feet or 26.8 metres and three hundred

and fifty five feet or 108.2 metres.

SECOND SCHEDULE continued

8. Gouly Pere (1095ha) (Part of Crown Land Gouly Pere and part of

Crown Land Declerc) bounded as follows:-

Towards the North-by the surplus of Crown Land "Gouly Pere" a forest

road between, on a developed length of one thousand three hundred and

eighty one feet or 420.9 metres.

Towards the East-against by the surplus of Crown Lands "Gouly Pere"

and "Declerc", a forest road between, on a developed length of six hundred

and eighty nine feet or 210.0 metres.

Towards the South-by the sinuosities of a water course (an affluent of

Rivulet des Chevrettes) and

Towards the West by part of the boundary line separating Crown Land

"Declerc" from Crown Land "Gouly Pere" on a length of ninety rive feet

or 28.9 metres and also on a straight line measuring six hundred and

seventy six feet 206.0 metres.

9. Bois Sec (5.91ha) bounded as follows :-

Towards the North-from a point situated at the intersection of the ridge

of Bob Sec Mountain and the straight line joining stones WF 50 and WF 51

along the ridge of Bois Sec Mountain on a developed length of 600.45

metres to a stone marked M.R.L.

Towards the East-by a straight line measuring 168 feet or 51.21 metres.

Towards the South-by seven straight lines measuring respectively 60.04

metres, 84.43 metres, 174.04 metres, 53.03 metres, 81.69 metres, 122.53

metres and 48.16 metres.

Towards the West-by a straight line measuring 60.96 metres.

10. Ile Ronde

11. Ilot Gabriel

12. Ile Plate

13.Coin de Mire

14. Ilot Marianne

15. Ile aux Aigrenes

16. Ile aux Cocos

17. Ile aux Sables

18. Ile aux Serpents.

THIRD SCHEDULE

(section 2)

PROTECTED PLANTS

1. All indigenous orchids (Orchidées)

2. Ochna mauritiana (Bouquet banane)

3. Hornea mauritiana (Arbre a l'Huile)

4. All Diospyros species (Ebène)

5. Sideroxylon grandiflorum

6. Cordyline mauritiana

7. All Tambcurissa species (Bois Tambour)

8. All Trochetia species (Boucles d'oreilles)

9. Erythroxylon laurifolium (Bois de ronde)

10. All indigenous ferns (Fougères)

FOURTH SCHEDULE

(section 2)

RIVERS AND RIVULETS

PLAINES WILHEMS

Rivers

Grand River N. W. Terre Rouge;

Couacaud

Des Plaines Wilhems; (below the bridge

at Highlands S. E.);

Du Mesnil (below Abbé‚ de la Caille

Street)

Sèche ( below junction of Rivulet Poule D'eau )

Du Rempart ( below junction of River Cogliano )

Rivulets

Isnard; Quirin

Ducray (from boundary of Highlands

and Trianon).

Du Mesnil (below junction of Feeders

du Mesnil I and II; Pasquet).

Sèche (below Crown Land Joachim)

Gros Cerf

Poule d'Eau, Lamy

FOURTH SCHEDULE-continued

Rivers

Papayes (below junction of Feeder Good

End)

Cogliano

Tamarin

Bambous

Des Aigrettes

Eau Bleue ( 8 metres reserves in underground course on eau bleue

and Cluny Estates

Rivière Du Poste (Savanne)

Rivière Citron

Bois Martin (down the bridge at Highlands Sugar Estate )

Rivulets

Perichon

Sèche (du Rempart Grand Tatamaka);

Petit Tatamaka St Martin

Seligne; Cap Martin

Rouge; Pave

Legoff; Augustin; Gros Piquet;

Bigaingnon; Cresson

Osterlog; McGregor (below junction of Feeder Boule Seneque)

R. Casse Couteux

PAMPLEMOUSSES AND RIVIERE DU REMPART

Rivers

Labourdonnais (below junction Rivulet Ripailles,

Des Calebasses

Rose (below junction Rivulet Duhamel)

Pamplemousses or Citrons (from Arsenal

to the sea)

Du Rempart

Eau Blanche

Figet

Rivulets

Crève Coeur; Rivalland; Ripailles, Labourdonnais

Boulingrin

Duhamel (below junction Feeder Les Mariannes)

Rose

Villebague; Bocquée (below Feeder

junction Hawoldar) Congomat (below

junction Feeder Champion)

Citron (from Reilly Dyke to Arsenal bridge); Constance; Pamplemousses

Praslin; California; Nicolière Jamblon;

Chevrettes (Coquinbourg); Chevrettes

(Mon Songe)

Figet (between the two dykes of

Ile d'Ambre)

FOURTH SCHEDULE-contd.

Rivers

FLACQ

Coignard, Du Poste de Flacq

Francoise (below Cascade Praude)

Grand River South East

Profonde ( below Cascade Boeufs on Etoile Estate)

Rivière du Rempart

Rivière du Bois

Rivière Boucan or Francoise

FLACQ

Rivulets

R. Cere (has 8 metres reserves from

Bassin Lou-Loup (Union Regnard) to

upper boundary of Bonne Mere

Estate

St Louis; Pondard (From }La pluie;

source to the crossing } Thorel

of its water course by } (Junction

the La Nicolière Feeder } of Feeder Marianina)

Channel

Bon Espoir (below Tramway bridge on

Belle Vue Estate); Grande Barbe;

Pont Blanc or Beau Bois; Francoise

(below Terre Coupée Bridge)

Sèche of Flacq

Profond;

St Louis

Camaron (below Dyke); La Louise

De la Hogue (below Cascade);

Profonde (from Source at Petits

Paquets to Cascade Boeufs).

Chevrettes on Olivia Estate

St Martin

Terre Rouge; Grand Fond.

R. Jamblong

R. La Digue

R. Eau Rouge

R. Pastourel

R. Bois de Natte

R. Maurice (below Feeder l'Hospital)

MOKA

Rivers

Du Boucan or Francoise (below Cascade

on Melrose Estate)

Rivulets

Maurice (below junction feeder L'Hopital)

Francoise } Clement; St Martin (five

(above } Colin property).

Cascade } Jacquart (five metres

on Melrose Estate }on Colin property);

Blanc (on Sans Souci Estate);

FOURTH SCHEDULE

MOKA

Rivers

Vacoas (on Sans Souci Estate)

Du Rempart; Chevrettes; Pharla

Du Bois (on Sans Souci Estate)

Betty (below junction R. Mare Brune)

Doudy at Midlands (below junction of

Rivulet Planche) Francisque; Twinam

(flowing in Crown Land); Plateau (flowing

in Crown Land).

Grand River South East

Rivulets

Bois Claire (below Tramway Bridge);

Camarons

Pastourel; l'Eau Rouge; La Digue;

Train (Midland).

Cimetiere (below Feeder Tamousky)

Longouse

Bois de Natte; Marron

Midlands; Citron MidlarJds.

Pothier

Ravanal

Dimanche, Mare Hildwert, Mare Brune;

Cascade (below junction of F. Denude)

Midlands Estate)

Doudy (above junction Planche); Man-

daing.

R. St Louis (below bridge on Moka

Road).

R. Pitot

Rivers

Grand River North West (Moka

Balmano)

Gland River North West. (from junction

Terre Rouge and Plaines Wilhems).

Profonde (below Alma Reservoir).

Grand River North West, Terre Rouge.

Cascade

Tatamaka (below junction Rivulet

Magrapoule

Aubert (junction F. Charly)

Terre Rouge

Rivulets

Pondard (from source to Goorah's Property

Chaillei; Agrement

Balmana; Baptiste (junction F. Charlot)

Ripailles; Cresson (below Crève Coeur

Road).

Profonde (above Alma Reservoir)

Canet (below Mon Desert Reservoir);

Dickson; Mare Bouillie (junction F.

Desvaux); Pont Bon Dieu (below

Valetta Road).

Tatamaka; Magrapoule, Magando;

Simathe (below junction F.

Assurance)

Aubert

Francois (below junction F. Pendu)

FOURTH SCHEDULE-contd.

MOKA
Rivers

Monple (junction R. Monple)

Rivulets

Edgar (junction F. Jumelle); Monple;

Hermitage

La Scierie (on Belle Rive Estate, Moka)

GRAND PORT

Rivers

Nyon (on Femey Estate)

River Champagne, (Le Vallon Estate,

Grand Port)

Rivulets

Bambous

Anse Jonchée

Grand Fond

Malgache; Thrèse (junction F. La Hache); Terre Rouge; Grosse Feuilles

or Dubois Des Delices.

Tranquill (below Mare Chicose Bridge);

Michel (junction F. Sans Souci); Dalaid

Cochon (junction F. At Cent Gaulette)

Rivers

River des Creoles

Gros Ruisseau (St Hubert Rivulet)

River des Creoles (up to junction Grande Cressonnière thence River eau Bleue)

Eau Bleue ( 16 metres reserves from source; 8 metres from underground course Eau Bleue (Glunny Estate))

River La Chaux

Bee Varangue

Bee Manique

Tabac (below main road of Escalier Village)

Du poste ( de la Savanne); ( Grand Port )

Rivulets

Sejourne Baptiste (junction F. Michel)

Clair; Hareeman

Betty (St Hubert)

Lovard (junction F. Victor)

Tombeau Gabriel on le Val Estate (Cent Gaulettes) Grande Cressonnière { Perrot G. Duval Phaeton Petite Cressonière Jupiter }

Osterlog; Mc Gregor (below junction

of F. Boulle); seneque

Copeaux; Beau Dèsert

Cascade

St. Martin (below junction F. du Rempart;

Claire de la Pompe (below junction F. Marron) { Mapou Junction F. Shunting }

Terre Glaise (below junction eau Bleue)

Gr. Ruisseau

Tabac

Panier; Daniel; Victoire;

Morel. Casse Couteaux (on Nouvelle France Estate) { Canonade}

Theriau; Latour; Matangue ( Savanne)

FOURTH SCHEDULE-contd.

SAVANNE

Rivers

St. Armand (below main road to Savannah,

Dragon (below junction Feeder Dragon

Champac)

Dragon (below junction F. Charnpac

Grand Savanne)

River des Anguilles Songe (junction

Rt. Bour)

Pipe

Gros Ruisseau (junction Feeder Augustin)

Rivulets

St Armand

Dragon

Sevelit; Bon Accueil (junction F. Arnouses)

Songe (junction Rt Dupon); Bohler

(junction F. St. Leger); Bour;

Pellegrin(junction F. Renaud)

De Gaye (junction F. L'Hopital); Pipe

(junction F. Nadal)

Parc; Marron; Gros Ruisseau; Beau

Bois (below junction F. Enterrement)

Bain des Negresses (Source to Terre

Coupée): Combo

Palmiste

Hippolyte; Songe Blanc (below junction

F. Beewa); Faduilhe (between

junction F. Fontaine)

Michel (below Calimaye)

Fayd'herbe; Jacquot

La Foret (below junction F. Verdoie)

Alexandre (below junction F. Vanille)

Antoine (below junction Tendrac)

Ruche, Ste. Marie (below junction

Gaza)

Jacotet (above junction R. Cherie);

Jacobie

Chevalier

Citroniers

Poulailler (below junction of F.

L'Etang); Des Creoles (below

junction Bois Carre); Ignace

R. Panier

R. Daniel

R. Victoria

R. Casse Couteaux

Rivers

River de la Savanne; Des Chevrettes;

Patates

Palmiste (below junction F. Hillcock)

River des Gallets, Fayd'herbe (below

junction Rivulet Jacquot)

La Foret (below junction F. L'Esport);

Mme Bell

Jacotet (below junction River Cherie)

Cherie

Citronnier (below junction of F. Chapeau)

Rivière du Poste (Savanne)

FOURTH SCHEDULE-Continued

Rivers

Rivière Baie du Cap

Rivière Canal (below feeder junction

Mapou)

Rivière St. Denis (below junction

Rivière Pont Cassé

Rivulets

R. Minguel

R. Canal

R. Catherine

R. Pont Cassé

R. St. Denis

BLACK RIVER

River St. Denis (below junction Rivulet

Pont Carré)

Viande Salée (below junction Rivulet

Vally)

St. Denis (below inaction Pont Cassé‚)

Nourice (below junction Rivulet Peche)

Grande Rivière Noire

Tamarin

Des Gallets

Dragon

Sèche

Belle Islle

Belle Eau

Rivulets

Lavilleon (below F. Anguiles )

Lousteau (below junction F. Ruche) { Caverne Tabac junction F. Mouna }

Cachette (below junction Perline); Vally (belowJunction Avoine); }Plaine Verte

Viande Salée }St Felix

Nourrice (below junction F. Darrick);

Pèche (below junction F. Natte);

Vanille (below junction Vanillon)

St. Patrice

Petite Rivière Noire (below Cascade

Minguel

Petites Gorges (below Bassin Déjeuner)

Boucan (from a point 600 metres below

la Coupée Main Road)

Rivulet Ignace

Eau Bonne; Vaudagne

Cabots

PORT LOUIS

Rivers

Grand River North West

"Pouce Stream"

Rivulets

St. Louis Pitot

Latanier (Vallée des Pretres)

Terre Rouge

Tranquebar (exclusive of canalised part)