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             ACTS OF GHANA

                                                                   

                   ARMED FORCES REVOLUTIONARY COUNCIL DECREE

 

ECONOMIC PLANTS PROTECTION DECREE, 1979 (AFRCD 47)

 

ARRANGEMENT OF SECTIONS

Section

1. Destruction of Specified Plants Prohibited.

2. Payment of Compensation.

3. Commissioner to Prescribe Values and Rates of Compensation.

4. Grant of Felling Rights Prohibited.

5. Penalties.

6. Amendment of Schedule.

7. Interpretation.

SCHEDULE

Schedule

BE IT ENACTED by the Armed Forces Revolutionary Council as follows:—

Section 1—Destruction of Specified Plants Prohibited.

Any person who,

(a) without the written authority of the Commissioner, or

(b) for purposes other than for horticultural husbandry, intentionally destroys or causes the destruction of any specified plant shall be guilty of an offence.

Section 2—Payment of Compensation.

(1) Where a court convicts any person of any offence under section 1, the court shall order him to pay compensation in respect of every specified plant destroyed, in addition to any punishment imposed thereunder.

(2) The Commissioner may give his written authority under section 1 (a) on condition that compensation shall be paid in respect of each specified plant destroyed thereby.

(3) The compensation shall be paid in the case of a court order, within seven days of such order, and in the case of a written authority given by the Commissioner, within such period as the Commissioner may specify.

(4) Any person who fails without reasonable excuse (proof of which shall be upon him) to comply with the provisions of this section shall be guilty of an offence.

Section 3—Commissioner to Prescribe Values and Rates of Compensation.

(1) The Commissioner, after consulting the Commissioner responsible for Lands and Natural Resources, may by executive instrument prescribe fixed values for every specified plant according to the age of each such plant.

(2) The values prescribed by the Commissioner under sub-section (1) shall be the rates at which compensation under section 2 shall be paid.

Section 4—Grant of Felling Rights Prohibited.

(1) No felling rights in respect of timber trees shall be granted where such timber trees stand in farms where specified plants are cultivated.

(2) Where immediately before the publication of this Decree in the Gazette there existed any felling rights in respect of timber trees standing in farms where specified plants are cultivated, such rights shall be deemed to be void and shall forthwith cease to have any effect.

(3) Any person who grants or purports to grant or acts or purports to act in pursuance of any felling rights in contravention of the provision of this section shall be guilty of an offence.

Section 5—Penalties.

Any person who commits an offence under this Decree shall on summary conviction be liable for every offence to a fine not exceeding ¢500.00 or to imprisonment not exceeding three months, or to both.

Section 6—Amendment of Schedule.

The Commissioner may by executive instrument amend the Schedule to this Decree.

Section 7—Interpretation.

In this Decree, unless the context otherwise requires;

"Commissioner" means the Commissioner responsible for matters relating to cocoa;

"specified plant" means any plant specified in this Schedule to this Decree.

SCHEDULE

COCOA

Made this 21st day of September, 1979.

FLT. LT. JERRY JOHN RAWLINGS

Chairman of the Armed Forces Revolutionary Council

 

Date of Gazette Notification: 22nd September, 1979.

 

 

 

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