ARRANGEMENT OF REGULATIONS
Regulation
Identification of Land Suitable
for Grant of Large Scale Timber
Rights
1.Purpose
of Regulations
2.Inventory
of timber
3.Field
inspection
Procedure in Relation to Lands
Other Than Public Land and
Existing Forest
Reserves
4.Publication
to obtain consent
5.Consent
of owner
6.Objection
by owner of land and conflicting
interest
7.Report
of District Forest Officer to
the Regional Forest Officer
8.Report
of Regional Forest Officer to
Chief Executive
9.Conflict
on use of public land
Identification of Land Suitable
for Grant of Small Scale Timber
Rights
10.Inventory
of timber for small scale timber
rights
11.Field
inspection for small scale
timber rights
Procedure in Relation to Large
Scale Timber Rights
12.Application
for large scale timber
utilisation contracts
13.Pre-qualification
application forms
14.Pre-qualification
requirements
15.Evaluation
16.Bidding
17.Evaluation
of applications
Procedure in Relation to Small
Scale Timber Rights
18.Manner
of selection for small scale
timber utilisation contracts
19.Qualification
requirements
20.Selection
criteria
21.Procedure
for submission and selection of
offers for small scale timber
rights
Terms and Conditions of Timber
Utilisation Contract
22.Terms
and conditions of contracts and
monitoring function of
District Forest Officer
23.Non-renewability
of timber rights
24.Records
inspection
25.Terms
and conditions of replacement
allocation contract
26.Social
responsibility agreement
Sources of Timber Other Than
Timber Rights
27.Timber
utilisation permit
28.Salvage
and disposal of abandoned timber
product
29.Salvage
of timber product
30.Disposal
of residue of logs
Legality Licensing
31. Scope of legality licensing
Establishment and Functions of
the Timber Validation Committee
32.Establishment
of Timber Validation Committee
33.Functions
of the Committee
34.Membership
and tenure office of members of
Committee
35.Meetings
of the Committee
36.Disclosure
of interest
37.Operational
budget and allowances
General Provisions on Licences
38.Requirement
for licence
39.Application
for licence
40.Conditions
for licence
41.Process
for application
42.Grant
of licence
43.Non-transferability
of licence
44.Validity
and duration of licence
45.Suspension
and cancellation of licence
46.Review
of decision by Committee
47.Forms
of licences
48.Paper-based
licence
49.Electronic
licence
50.Lost,
stolen or destroyed licence
51.Validation
and alteration of licences
Procedure Relating to Timber
Operations
52.Inspection
and investigation by Committee
53.Procedure
on completion of inspection or
investigation
54.Mingling
of timber
55.Logging
Manual
56.Harvesting
plan
57.Approved
period for timber operations and
transport of forest produce
58.Timber
produce inspection officer
59.Marking
and numbering of trees, logs and
timber products
Timber Stumpage Fees and
Contract Area Rent
60.Stumpage
fee
61.Measurement
of timber
62.Conveyance
certificate
63.Payment
of stumpage fee
64.Payment
for timber management services
65.Payment
of rent for contract area
Registration and Use of
Chainsaws
66.Requirement
to register chainsaw
67.Registration
of chainsaw by District Assembly
68.Registration
of chainsaw at District Forest
Office
69.Timber
registration number
70.Prohibition
of use of chainsaw to convert
timber into lumber for sale
71.Requirement
of chainsaw user to mark stump
72.Prohibition
of use of unregistered chainsaw
73.Supply
to domestic market
74.Restricted
timber species
Offinces and Penalties
75. General offences and
penalties
Miscellaneous Provisions
76. Public access to information
on forest resource management
77 . Transitional provisions
78.Interpretation
79.Revocations
and savings
SCHEDULES
TIMBER RESOURCE MANAGEMENT AND
LEGALITY LICENSING REGULATIONS,
2017
IN exercise of the power
conferred on the Minister
responsible for Forestry by
section 18 of the Timber
Resource Management Act, 1998
(Act 547) and on the
recommendations of the Forestry
Commission these Regulations are
made this 28th day of July,
2017.
Identification of Land Suitable
for Grant of Large Scale Timber
Rights
Purpose of Regulations
1. (1) The purpose of these
Regulations is to
(a)
regulate the identification of
land suitable for the grant of
timber rights,
(b)
regulate the terms and
conditions for small and large
scale timber rights, .
(c)
regulate other sources of
timber, and
(d)
provide for a legality licensing
scheme.
Inventory of timber
2. (1) The Forestry Commission
shall identify lands suitable
for grant of large scale timber
utilisation contracts.
(2) Subject to section 4 of the
Act, the Chief Executive of the
Commission shall, for the
purpose of identifying lands
under subregulation (1),
(a)
cause to be prepared inventories
of forests and timber on public
lands, existing forest reserves,
stool lands and any other lands
as the Chief Executive may
determine; and
(b)
issue directives to the District
Forest Officers as the Chief
Executive may determine to
submit a general report on
timber on public lands, forest
reserves, stool lands and any
other land as the Chief
Executive may direct, in their
respective districts at the
times that the Chief Executive
may direct.
(3) The inventories shall be
prepared by the District Forest
Officers of the Commission in
consultation with the District
Chief Executives of the areas of
the lands concerned.
(4) Where upon the completion of
an exercise under subregulations
(2) and (3), the Chief Executive
is satisfied that the
inventories justify the grant of
timber rights in respect of a
land, the Chief Executive shall
(a)
direct the District Forest
Officer of the district
concerned to conduct a detailed
field inspection of the land;
and
(b)
inform the relevant District
Chief Executive of the
directives given to the District
Forest Officer to conduct the
inspection.
(5) The directives given to a
District Forest Officer under
subregulation (4) does not apply
to private land or stool land
unless the owners of the land
have been informed of the
inspection.
(6) Where the Chief Executive
finds that by reason of
insufficient timber for long
term viable timber operations,
an area does not qualify for
full cycle harvest rotation, the
Chief Executive may recommend
the allocation of timber
resources through small scale
timber rights under regulations
18 to 21 or through replacement
allocations in accordance with
regulation 25.
Field inspection
3.
(1) Where the District Forest
Officer receives a directive to
conduct a field inspection from
the Chief Executive, the
District Forest Officer shall in
consultation with the District
Chief Executive constitute a
team of inspectors made up of
(a)
two members of the District
Assembly of the area of the land
nominated by the District
Assembly;
(b)
a representative of the
Traditional Council of the area
of the land nominated by the
Traditional Council;
(c)
the District Forest Officer; and
(d)
two other persons who are owners
of the land or their nominated
representatives at least one of
whom is a farmer who farms on
the land concerned.
(2) The District Chief Executive
shall help identify the owners
and farmers of land identified
for field inspection within the
district.
(3) The team shall conduct the
field inspection to determine
the suitability of the land for
the grant of timber rights and
shall estimate
(a)
the quality, quantity and value
of timber on the land; and
(b)
any special peculiarities of the
land.
(4) The District Forest Officer
shall, upon the conclusion of
the field inspection, submit a
report on the inspection to the
Chief Executive through the
Regional Forest Officer.
(5) The Chief Executive may
include in the report, written
comments that the Chief
Executive considers necessary.
(6) The report of the team shall
include
(a)
the boundaries, specifications,
and any peculiarities of the
land including rivers, roads and
bridges; and
(b)
topographic maps and .plans of
the area inspected.
(7) Where upon the receipt and
consideration of a report of an
inspection team, the Chief
Executive is satisfied that the
area concerned should be
proposed for the grant of timber
rights, the Chief Executive
shall
(a)
notify, in writing, the District
Chief Executive concerned; and
(b)
direct the District Forest
Officer concerned to notify the
people of the area of the land
of the proposal to grant timber
rights in respect of timber on
the land by posting the
proposed grant on the notice
boards of the District Forest
Office and the District
Assembly.
Procedure in Relation To Lands
Other than Public Land and
Existing Forest Reserves
Publication to obtain consent
4.
(1) Where the land identified
and proposed by the Chief
Executive as suitable for the
grant of timber rights is not
public land or forest reserve,
the District Forest Officer in
whose district the land is
situated shall, with the
assistance of the District Chief
Executive, seek the written
consent and agreement of the
owners of the land for
inspection.
(2) For the purpose of bringing
the proposal referred to in
subregulation (l) to the notice
of persons who own the land, the
District Forest Officer shall
post notices at
(a)
the offices of the District
Assembly, Traditional Council
and Unit area in whose area of
authority the land identified is
situated; and
(b)
at the District Forest Office
stating
(i) the particulars and limits
of the area identified;
(ii) that the land is being
considered for the grant of
timber rights; and
(iii) that any person who owns
the land or has an interest in
the land may notify the District
Forest Officer within twenty-one
days of the date of the posting
of the notices of the interest
of that person in the land.
(3) A person who claims
ownership or other interest in
the land shall inform the
District Forest Officer in
writing or orally of the
interest notices.
(4) The District Forest Officer
shall reduce the oral
information referred to in
subregulation (3) into writing.
Consent of owner
5.
Where before the expiry of the
twenty-one day period specified
in the notice for owners to
notify the District Forest
Officer of their interest in a
land, an owner
(a)
.gives notification of the
interest of that owner; and
(b)
consents in writing to the land
being subjected to the grant of
timber rights and there are no
conflicting claims, the District
Forest Officer shall
(c)
accept the written consent and
submit a copy to the District
Chief Executive of the area; and
(d)
submit a report including the
written consent of the owner
through the Regional Forest
Officer to the Chief Executive.
Objection by owner of land and
conflicting interest
6.
(1) Where a person who claims
ownership or other interest in
the land objects to the grant of
timber rights on the land, or a
conflicting claim of interest is
made in respect of ownership,
the matter shall be referred by
the District Forest Officer to
an ad hoc committee consisting
of
(a)
a representative of the
Administrator of Stool Lands;
(b)
two representatives of the
District Assembly in whose
jurisdiction the land is
situated nominated by the
District Assembly; and
(c)
a representative of the
Traditional Council of the area
of the land in issue nominated
by the Traditional Council.
(2) The chairperson of the ad
hoc committee shall be the
representative of the
Traditional Council on that
committee.
(3) A person shall not be a
member of the ad hoc committee
if that person has an interest
in the land in issue.
(4) The ad hoc committee shall
(a)
hear and consider all statements
and information that may be
offered in support of the
objection or claim;
(b)
conduct its proceedings in an
informal manner; and
(c)
be guided by the rules of
natural justice.
(5) The ad hoc committee shall
(a)
submit its report to the
District Forest Officer within
fourteen days of the composition
of the ad hoc committee; and
(b)
state in the report whether the
objection or claim is
reasonable, and make the
recommendations that the ad hoc
committee considers necessary on
any conflicting claims including
the payment of compensation
where required.
(6) The District Forest Officer
shall on receipt of the report
of the ad hoc committee, within
fourteen days, submit a copy of
the report to the District Chief
Executive for information.
(7) The District Forest Officer
shall on receipt of the report
of the ad hoc committee, within
fourteen days, forward the
report and the comments and
recommendations that the
District Forest Officer
considers necessary to the
Regional Forest Officer for the
appropriate action.
Report of District Forest
Officer to the Regional Forest
Officer
7. A final report from the
District Forest Officer to the
Regional Forest Officer in
respect of any identified land
shall state
(a)
the survey and boundary
specifications and any
peculiarities of the area
including rivers, roads and
bridges;
(b) topographic maps and
plans;
(c)
the consent of the owners and
how the consent was obtained;
(d)
objection and grounds of
objection where applicable; and
(e)
the resolution of any
conflicting interest.
Report of Regional Forest
Officer to Chief Executive
8.
(1) The Regional Forest Officer
shall, on receipt of the report
from the District Forest
Officer, verify the maps, plans
and contents of the report.
(2) Where the Regional Forest
Officer is satisfied with the
accuracy of the report, the
Regional Forest Officer shall
submit the report together with
any written comments and
recommendations that the
Regional Forest Officer
considers necessary to the Chief
Executive.
(3) Where the Regional Forest
Officer is not satisfied with
the accuracy of the report, the
Regional Forest Officer shall
not recommend the area and shall
state reasons for not
recommending the area to the
Chief Executive.
(4) Where a report submitted to
the Chief Executive indicates
conflicting claims to the
identified land or a refusal to
consent by the owners, timber
utilisation contracts shall not
be granted in respect of the
land unless the conflict or
refusal is first settled and a
written consent obtained.
(5) Except in respect of forest
reserves and public lands, a
stool land or private land shall
not be given out under a timber
utilisation contract without the
written consent of the owners.
(i) the specified time needed
for harvesting timber in small
scale timber utilisation
contracts shall not exceed two
years;
(ii) the area identified for a
small scale timber right within
off forest reserves shall not
exceed six km? ; and
(iii) the consent of rights
holders in accordance with
regulations 4, 5, 6 and 7 is
required.
Field inspection for small scale
timber rights
11.
(1) The Chief Executive shall
give directives for the conduct
of field inspections.
(2) The Chief Executive shall
direct the District Forest
Officer to constitute in
consultation with the Regional
Forest Officer, a team of
inspectors to conduct an
assessment of the extent of the
area, stocking and peculiarities
of the land.
(3) The team of inspectors shall
include
(a)
the Assistant District Manager
of the area;
(b)
the Range Supervisor responsible
for the reserve;
(c)
a Cartographer nominated by the
Regional Manager of the area;
and
(d)
two other persons who are owners
of the land or the nominated
representatives of the owners.
(4) Where upon the receipt and
consideration of a report of an
inspection team, the Chief
Executive is satisfied that the
area concerned should be
proposed for the grant of small
scale timber rights, the Chief
Executive shall .
(a)
notify the District Chief
Executive concerned of the
proposed grant; and
(b)
direct the District Forest
Officer concerned to notify the
people of the area of the land
of the proposal to grant timber
rights in respect of that land.
(5) The inspection team shall
conduct the field inspection to
determine
(a)
the need to grant the small
scale timber rights, and
(b)
the suitability of the land, and
estimate
(i) the quality, quantity and
value of timber on the land; and
(ii) any special peculiarities
of the land.
(6) Upon the conclusion of the
field inspection, a report on
the inspection shall be
submitted by the District Forest
Officer through the Regional
Forest Officer to the Chief
Executive.
(7) The Regional Forest Officer
may include any comments that
the Regional Forest Officer
considers necessary in the
report and submit the report to
the Chief Executive.
(8) The report of the team shall
include
(a)
observations of the team with
respect to
(i) the need to grant a small
scale timber right and the
number of other small scale
timber rights already granted
and identified in that forest
reserve; and
(ii) confirmation of stocking
levels that are inadequate for
viable long term timber
operations;
(b)
the boundaries, specifications,
and the peculiarities of the
land including rivers, roads and
bridges; and
(c)
topographic maps and plans of
the inspected area.
(9) Where upon the receipt and
consideration of the report of
an inspection team, the Chief
Executive is satisfied that the
area concerned should be
proposed for the grant of small
scale timber rights, the Chief
Executive shall notify the
District Chief Executive
concerned.
(10) For the purposes of lands
identified in paragraph (b)
of subregulation (1) of
regulation 10, the Chief
Executive shall direct the
District Forest Officer to
constitute, in consultation with
the Regional Forest Officer a
team of inspectors.
(11) The District Forest Officer
shall notify, in writing, the
following persons of the planned
field inspection at least ten
days ahead of the inspection for
their participation:
(a)
two members of the District
Assembly of the district
concerned nominated by the
District Assembly;
(b)
a representative of the
Traditional Council of the area
of the land nominated by the
(c)
the District Forest Officer; and
(d)
two other persons who are owners
of the land or the nominated
representatives of the owners of
the land at least one of whom is
a farmer who farms on the land
concerned.
(12) The Commission shall inform
members of the public of the
planned field inspection ten
days before the inspection to
allow members of the public to
participate as observers.
(13) For the purpose of the
notification required under
subregulation (11), the District
Forest Officer shall post
notices at the offices of the
Forest District, District
Assembly, Traditional Council
and Unit area in whose area of
authority the land identified is
situated.
(14) The inspection team shall
conduct the field inspection to
determine
(a)
the need to grant the small
scale timber rights;
(b)
the suitability of the land and
estimate,
(i) the quality, quantity and
value of timber on the land; and
(ii) any special peculiarities
of the land.
(15) Upon the conclusion of the
field inspection, a report on
the inspection shall be
submitted by the District Forest
Officer through the Regional
Forest Officer to the Chief
Executive.
(16) The Regional Forest Officer
may include any comments that
the Regional Forest Officer
considers necessary in the
report and submit the report to
the Chief Executive.
(17) The report of the team
shall include
(a)
observations of the team with
respect to
(i) the need to grant a small
scale timber right and the
number of other small scale
timber rights already granted
and identified in that area; and
(ii) confirmation of stocking
levels that are inadequate for
viable long term timber
operations;
(b)
the boundaries, specifications,
and the peculiarities of the
land including rivers, roads and
bridges; and
(c)
topographic maps and plans of
the inspected area.
(18) Where upon the receipt and
consideration of the report of
the inspection team, the Chief
Executive is satisfied that the
district concerned should be
proposed for the grant of small
scale timber rights, the Chief
Executive shall notify the
District Chief Executive
concerned.
Procedure in Relation to Large
Scale Timber Rights
Application for large scale
timber utilisation contracts
12.
(1) The allocation oflarge scale
timber rights shall be
(a)
based on a competitive
procedure; and
(b)
conducted serially through two
stages, namely, a
pre-qualification process and a
bidding process for timber
rights.
(2) Only pre-qualified
applicants shall be eligible for
invitation to apply for a bid.
Pre-qualification application
forms
13.
(1) An applicant seeking
pre-qualification for the grant
of large scale timber rights
shall obtain an application form
as specified in the First
Schedule from the Commission
upon payment of the fee that the
Minister in consultation with
the Commission may determine.
(2) On completion of an
application form, the applicant
shall submit the application to
the Chief Executive who shall
forward the application to the
Timber Rights Evaluation
Committee for consideration.
(3) Information provided by an
applicant shall be treated as
confidential.
Pre-qualification requirements
14.
(1) Without limiting subsection
(3) of section 3 of the Act, the
applicant shall submit with the
application, the following
information that the Commission
may request:
(a)
evidence of ownership or
membership of a registered
company or partnership relevant
to forestry with a commercial
business certificate attached;
(b)
evidence of full payment of the
requisite forest levies;
(c)
income tax, value added tax and
social security clearance
certificates;
(d)
where applicable, evidence of
value-added processing to
maximize income;
(e)
a statement of all timber rights
and other logging permits,
including areas, held by the
applicant at the time of the
application;
(f)
the qualifications and
competence of the timber
operations staff of the
applicant;
(g)
where applicable, proof of
membership of a recognised
timber trade association; and
(h)
evidence of a labour
certificate.
(2) For the purpose of paragraph
(f) of subregulation (1),
the man- ager of the timber
operations of the applicant
shall be ;i professional
forester.
Evaluation
15.
(1) The Evaluation Committee
shall evaluate the applications
to determine those pre-qualified
for the grant of large scale
timber rights.
(2) The Evaluation Committee
shall in its evaluation take
into account the completeness
and substance of the information
submitted by each applicant and
may make use of official records
to verify the past compliance of
an applicant with any laws or
regulations relating to the
timber industry.
(3) The Evaluation Committee
shall
(a)
stamp as "PRE-QUALIFIED"
applications that meet the
requirements;
(b)
stamp as "DISQUALIFIED"
applications that fail to meet
the requirements; and
(c)
notify all applicants in writing
of the
(i) decision of the Committee,
and
(ii) reasons for the decision,
within five days of the
decision.
(4) An applicant who is
disqualified may rectify any
shortcomings as stated in the
notification of the Evaluation
Committee and re-apply for
pre-qualification within
fourteen days of receipt of the
notification.
(5) Despite subregulation (4),
the Evaluation Committee may bar
re-application by an applicant
whom the Evaluation Committee
has disqualified on the grounds
of previous gross violation of
laws or regulations relating to
the timber industry.
(6) A list of pre-qualified
companies shall be posted on the
website of the Commission.
(7) The Commission shall, upon
the request of a person, provide
the list of prequalified
companies.
Bidding
16.
(1) Where the Evaluation
Committee considers that it is
appropriate to grant large scale
timber rights in an identified
area, the Evaluation Committee
shall cause to be published
(a)
in the Lands Concession
Bulletin,
(b)
on the Forestry Commission
website, and
(c)
in at least two daily newspapers
with national circulation, an
advertisement inviting
pre-qualified applicants to bid
for the grant of timber rights
in respect of areas specified in
the advertisement.
(2) For each area proposed for
grant of large scale timber
rights, the Chief Executive
shall, on the basis of the
timber inventory and other
relevant information, specify
(a)
a timber harvest schedule for
the area;
(b)
the amount of Performance Bond
to be posted by the person to
whom timber rights to the area
may be granted;
(c)
the amount of a Reserve Bid
below which the grant of timber
rights for the area may not be
made;
(d)
any management requirements and
restrictions specific to the
contract;
(e)
the time and place at which the
bids will be opened; and
(f)
any other information relevant
to the grant and exercise of the
timber rights.
(3) Information provided in
respect of Reserved Bids shall
be kept confidential.
(4) Despite subregulation (3),
other information provided to
the Evaluation Committee may be
used to prepare a prospectus of
information about the area to
which the advertisement relates
and this shall be available to
prospective applicants.
(5) A pre-qualified applicant
may apply for large scale timber
rights in an area, provided the
addition of that area to the
total area under timber rights
held by that applicant does not
exceed the upper limit for the
scale of operations of that
applicant as provided for under
section 6A of the Act. 'I
(6) A pre-qualified applicant
who intends to apply for large
scale timber rights for an area
shall
(a)
purchase bidding forms which
shall provide instructions
necessary for completing the bid
and a prospectus specific to
that area from the Commission;
and
(b)
pay a non-refundable fee to be
determined by the Minister in
consultation with the
Commission.
(7) The applicant shall deliver
the application in a sealed
envelope at the time and place
and in accordance with
instructions set out in the
application forms.
Evaluation of applications
17.
(l) The Evaluation Committee
shall convene at the time and
place specified in the
application forms.
(2) The secretary to the
Evaluation Committee shall
record each application received
by the Evaluation Committee.
(3) The Evaluation Committee
shall not accept an application
which is not received within the
period specified in the
application forms.
(4) Where an application
referred to under subregulation
(3) is submitted to the
Evaluation Committee, the
secretary shall return the
application unopened to the
applicant.
(5) The chairperson of the
Evaluation Committee shall open
the applications in the presence
of the
(a)
other members of the Evaluation
Committee;
(b)
applicants or the authorised
representatives of the
applicants; and
(c)
any member of the public who
wishes to attend.
(6) The large scale timber
rights covering the area subject
to application shall be awarded
to the applicant who
(a)
proves sufficient technical and
financial capabilities as well
as the regulatory compliance;
and
(b)
offers to pay the highest timber
rights fee.
(7) Despite subregulation (6),
where the bid is lower than the
Reserve Bid, the area shall be
awarded to the bidder who agrees
to match the Reserve Bid
starting from the bid closest to
the Reserve Bid.
(8) Where there are two or more
equal highest bids, the area
shall be awarded to the
applicant from amongst the equal
highest applicants who proves
most technical and financial
capabilities as well as
regulatory compliance.
(9) The secretary to the
Evaluation Committee shall
prepare minutes of the
proceedings that shall include a
summary of the bids, indicating
(a)
the name of each bidder,
(b)
the corresponding amount bid,
and
(c)
the recommendation of the
highest bidder for the large
scale grant of timber rights.
(10) The Minister shall, on the
basis of the recommendation of
the Evaluation Committee, issue
a Notice of Grant of timber
rights which shall specify
activities that shall be
completed by the winner to the
satisfaction of the Chief
Executive before the right is
granted.
(11) The activities referred to
under subregulation (10) include
(a)
the posting of Performance Bond
as provided under paragraph
(b) of subregulation (2) of
regulation 16;
(b)
the conclusion of a Social
Responsibility Agreement with
local communities;
(c)
the completion of all planning
activities as specified in the
relevant Manual of Procedures;
and
(d)
the payment of a one-off timber
rights fee based on the highest
bid.
(12) The winner of the bid shall
give an undertaking to assist
communities and inhabitants of
the communities whose land area
encompasses the forest from
which the timber is to be
harvested, with amenities,
services or benefits, and the
cost of the agreed amenities,
services, or benefits shall be
the value of five percent of the
value of stump-
age fee from the timber that is
harvested.
(13) Where a winner of a bid
fails to comply with the
requirements provided under
these Regulations within the
time specified in the Notice of
Grant of timber right, the
Minister shall nullify the
grant.
(14) Where the grant of timber
rights is nullified for failure
of the winner to comply with the
requirements, the area may at
the discretion of the Minister
be re-advertised or withdrawn
from offer.
Procedure in Relation to Small
Scale Timber Rights
Manner of selection for small
scale timber utilisation
contracts
18.
The allocation of small scale
timber rights
(a)
shall be based on a competitive
procedure; and
(b)
shall include
(i) qualification; and
(ii) selection of offers for
small scale timber rights
process in a single process.
Qualification requirements
19.
(1) An applicant who seeks the
grant of a small scale timber
right shall submit with the
offer of that applicant,
information which proves the
qualification of that applicant.
(2) The information shall
include
(a)
evidence of ownership or
membership of a registered
company or partnership relevant
to forestry with a commercial
business certificate attached;
(b)
evidence of full payment of any
forest levies where applicable;
(c)
income tax, value added tax and
social security clearance
certificates;
(d)
a statement of the timber rights
and other logging permits,
including areas, held by the
applicant at the time of the
application;
(e)
the qualifications and
competence of the timber
operations staff of the
applicant;
(f)
where applicable, proof of
membership of a recognised
timber trade association; and
(g)
evidence of a labour
certificate.
(3) The Evaluation Committee
shall verify the following
criteria during the selection
procedure for small scale timber
rights:
(a)
applicants who have two or more
recorded cases of breaching
forest laws, including illegal
logging shall be disqualified
from applying for small scale
timber rights; and
(b)
applicants who are indebted to
the Commission shall be
disqualified from applying for
small scale timber rights.
(4) For the purpose of paragraph
(e) of subregulation(l),
the manager of the timber
operations of the applicant
shall be a professional
forester.
Selection criteria
20.
(1) A small scale timber right
shall be awarded based on the
following criteria:
(a)
technical and financial
capabilities as well as the
compliance of the applicant with
the relevant regulations;
(b)
a proposal of a Social
Responsibility Agreement with
local communities; and
(c)
a proposal for the payment of a
one-off timber rights fee based
on the tree stocking of the
area.
(2) The winner of the small
scale timber right shall give an
under- taking to assist
communities and inhabitants of
the communities whose land area
encompasses the forest from
which the timber is to be
harvested, with amenities,
services or benefits, and the
cost of the agreed amenities,
services, or benefits shall be
five percent of the value of
stumpage fee from the timber
that is harvested.
Procedure for submission and
selection of offers for small
scale timber rights
21.
(1) Where the Evaluation
Committee considers that it is
appropriate to grant small scale
timber rights in an identified
area, the Evaluation Committee
shall cause to be published,
(a)
on the website of the
Commission, and
(b)
in at least two daily newspapers
with national circulation, an
advertisement inviting
applicants to apply for the
grant of small scale timber
rights in respect of areas
specified in the advertisement.
(2) For each area proposed for
grant of small scale timber
rights, the Chief Executive
shall, on the basis of the
timber inventory and other
relevant information, specify
(a)
a timber harvest schedule for
the area;
(b)
the amount of Performance Bond
to be posted by the person to
whom small scale timber rights
to the area may be granted;
(c)
the amount of timber rights fee
due for the grant of a small
scale timber right;
(d)
any management requirements and
restrictions specific to the
contract;
(e)
the time and place at which the
offers will be opened; and
(f)
any other information relevant
to the grant and exercise of the
small scale timber rights.
(3) An applicant who qualifies
for the grant of a small scale
timber right may submit an offer
for a small scale timber right,
but the addition of that area to
the total area under timber
rights held by that applicant
shall not exceed the upper limit
for the scale of operations of
that applicant as provided for
under section 6A of the Act.
(4) An applicant who wishes to
submit an offer for small scale
timber rights for an area, shall
purchase an application form
specified in the First Schedule
to prove the qualification of
the applicant.
(5) The form referred to in
subregulation (4) shall provide
instructions necessary for
submitting an offer.
(6) An applicant shall pay a
non-refundable fee to be
determined by the Commission.
(7) Each applicant shall deliver
the offer of that applicant in a
sealed envelope at the time and
place and in accordance with
instructions set out in the
application forms.
(8) The cover of the envelope
shall be clearly marked "OFFER".
(9) The Evaluation Committee
shall convene at the time and
place specified in the
advertisement and the secretary
to the Evaluation Committee
shall record each application
received by the Committee.
(10) The Evaluation Committee
shall not accept any application
that is not received within the
period specified in the
advertisement and shall return
the application unopened to the
applicant.
(11) The chairperson of the
Evaluation Committee shall open
the application in the presence
of
(a)
the other members of the
Evaluation Committee;
(b)
the applicant or the authorised
representative of the applicant;
and
(c)
any member of the public who
wishes to attend.
(12) The small scale timber
rights shall be awarded to the
qualified applicant with the
highest offer in terms of the
selection criteria in paragraphs
(a), (b) and (c)
of subregulation (1) of
regulation 20.
(13) Where there are two or more
equal highest offers, the award
shall be decided by drawing lots
among the highest offers.
(14) The secretary of the
Evaluation Committee shall
prepare minutes of the
proceedings that shall include
(a)
a summary of the applications
received, indicating the name of
each applicant;
(b)
the proposal for social
responsibility agreements; and
(c)
the recommendation of the
highest offer to the Commission
for the grant of small scale
timber rights.
(15) The Minister may, on the
basis of the recommendation made
by the Commission, issue a
Notice of Grant of small scale
timber right.
(16) The Notice of Grant shall
specify activities to be
completed by the winner to the
satisfaction of the Chief
Executive before the right is
granted.
(17) The activities referred to
in subregulation (16) include
(a)
the posting of a Performance
Bond as provided for under
subregulation (2)(b) of
this regulation;
(b)
the conclusion of a Social
Responsibility Agreement with
local communities;
(c)
the completion of the planning
activities specified in the
relevant Manual of Procedures;
and
(d)
the payment of the one-off
timber rights fee of the
contract.
(18) The successful applicant
shall give an undertaking to
assist communities and
inhabitants of the timber
utilisation areas with
amenities, services or benefits,
and the cost of the agreed
amenities, services, or benefits
proposed by the applicant shall
be five percent of the value of
stumpage fee from the timber
that is harvested.
(19) Where a successful
applicant fails to comply with
the requirements provided under
these Regulations within a time
specified in the Notice of Grant
of small scale timber right, the
Minister shall nullify the grant
and the area may at the
discretion of the Minister be
re-advertised or withdrawn from
offer.
Terms and Conditions of Timber
Utilisation Contract
Terms and conditions of
contracts and monitoring
function of District Forest
Officer
22.
(1) A large or small scale
timber utilisation contract,
entered into for the purposes of
subsection (2) of section 7 of
the Act shall be on the advice
of the Attorney-General.
(2) A large or small scale
timber utilisation contract
shall provide for the terms and
conditions, including
(a)
the size and limits of the
contract area;
(b)
the period of operation of the
contract;
(c)
an undertaking by the holder of
the timber right, among others
(i) to pay a one-off timber
rights fee;
(ii) to maintain a Performance
Bond in the amount specified;
(iii) to implement activities
approved by the Chief Executive
subject to periodic review as
required under section 8 of the
Act;
(iv) to supply the information
that the Commission may request
for the purpose of monitoring
the activities of the timber
right holder, including annual
and other reports;
(v) to provide social facilities
and amenities for the
inhabitants of the contract area
in accordance with the relevant
Social Responsibility Agreement;
and
(vi) to maintain the insurance
coverage as is necessary to
protect the Commission and the
agents of the Commission,
(d)
acknowledgement of periodic
review and audit of the
operations by the Commission and
the agents of the Commission;
(e)
specification of grounds for
suspension, termination and
surrender by the timber right
holder of the Performance Bond;
(f)
specification of a requirement
for the holder to have at all
times in respect of the
operations a manager who shall
be a professional forester; and
(g)
an undertaking by the Minister
to maintain intact the
boundaries of the contract area.
(3) Despite paragraph (g) of
subregulation (2), the Minister
may in the national interest
reduce the size of the area and
the reduction shall be
accompanied with a corresponding
reduction in the timber right
fee and the Performance Bond.
(4) The Minister shall
communicate in writing to the
timber right holder the reason
for so acting in the national
interest.
(5) The District Forest Officer
of an area in respect of which a
timber utilisation contract has
been entered, shall
(a)
regularly monitor the activities
of the holders of timber rights
to harvest timber within the
district; and
(b)
report to the Chief Executive
any non-compliance with the
terms of the relevant timber
right contract.
(6) The Chief Executive shall,
at intervals of not more than
five years, assign an
independent organisation to
undertake an audit of the
activities of each holder of
timber right to harvest timber
and report any irregularities
detected.
(7) The Chief Executive may upon
receiving a report from a
District Forest Officer or the
audit organisation referred to
in subregu1ation (6), which
indicates that damage to any
asset, including timber, within
a timber right area has
occurred, require the holder of
the timber right to surrender
the portion of the Performance
Bond as is necessary to
compensate the owners for the
loss in value to the asset.
N on-renewability of timber
rights
23.
A timber utilisation contract is
not renewable.
Records inspection
24.
(1) An official inspector of the
Commission may at a reasonable
time and upon production of the
authority of that inspector to a
timber contractor, processor or
seller, enter a contract area
for timber operations or any
other area that the Minister may
direct, to inspect the records
of the timber contractor,
processor or seller to
(a)
verify the ownership and source
of any timber product in the
contract area; and
(b)
ensure that timber produced,
processed or sold in the
contract area is in accordance
with the provisions of the Act
and these Regulations.
(2) A timber contractor,
processor or seller shall not
obstruct an official inspector
of the Commission in the
exercise of the duties of that
official inspector.
(3) A timber contractor,
processor or seller who
contravenes subregulation (2)
commits an offence and is liable
on summary conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Terms and conditions of
replacement allocation contract
25.
Where a replacement allocation
contract is awarded, the terms
and conditions of the original
timber utilisation contract
shall apply to the replacement
allocation contract.
Social responsibility agreement
26.
(1) The holder of a timber right
shall negotiate a social
responsibility agreement with
communities in and around the
contract area at the value of
five per cent of the stumpage
fee.
(2) A social responsibility
agreement shall take into
account the terms in the Social
Responsibility Agreement
Guidelines and Code of Conduct.
Sources of Timber other than
Timber Rights
Timber utilisation permit
27. (1) The Chief Executive may,
on an application by a District
Assembly, Town Committee, a
rural community group or a
non-governmental organisation
and subject to the conditions
that the Commission may
determine, issue a timber
utilisation permit.
(2) A timber utilisation permit
shall be issued exclusively for
harvesting a specified number of
trees in an area that is not
subject to a timber utilisation
contract.
(3) Timber harvested or
converted to lumber under a
permit issued under this
regulation shall be used only
for social or community purposes
and shall not be sold or
otherwise exchanged.
Salvage and disposal of
abandoned timber product
28. (1) The Chief Executive or a
public officer authorised by the
Commission as an inspection
officer may seize and dispose of
any marked or unmarked abandoned
timber.
(2) An inspection officer who
seizes abandoned timber shall
label the timber and report the
seizure to the nearest office of
the Commission within
twenty-four hours of the seizure
for investigation .
. (3) An officer of the
Commission shall not dispose of
timber seized under
subregulation (2) unless
fourteen days' notice of the
intention to sell has been given
in the locality where the timber
was seized by posting the notice
at the District Office of the
Commission and at the District
Assembly of the locality.
(4) Where the owner of seized
timber is not identified within
the period specified in
subregulation (3), the timber
shall be sold and the proceeds
of the sale shall be deposited
in an account that the Minister
in consultation with the
Commission may determine.
(5) The proceeds of the sale
referred to in subregulation
(4), shall be used to support
community activities beneficial
to forest and timber
conservation and to defray
expenses of timber resource
management.
(6) The Chief Executive may,
for the purpose of disposal of
seized timber under this
regulation, permit the removal
of the timber by a logger or
timber processing company
registered with the Commission.
(7) The sale of seized timber
shall only be made after notice
to the Police Service.
Salvage of timber product
29.
(1) The Chief Executive may,
upon application and subject to
the approval of the Commission,
issue a permit for the salvage
of trees from an area of land
undergoing development as in the
case of road construction,
expansion of human settlement or
cultivation of farms.
(2) A permit issued under
subregulation (1) is subject to
the terms and conditions
specified in the permit.
(3) The Commission shall issue a
field inspection report to
confirm the planned development,
the necessity to salvage timber
and the quantity of trees to be
affected.
(4) A permit shall not be issued
under subregulation (1) in
respect of land which is subject
to a timber utilisation
contract.
(5) The holder of a salvage
permit shall negotiate a social
responsibility agreement with
the affected communities at a
value of five percent of the
stumpage fee.
Disposal of residue of logs
30.
Where a timber contractor ceases
operations or the operations of
a timber contractor lapses, the
Commission may dispose of
(a)
any remaining timber or logs
left over from the operations;
and
(b)
off cuts and branches as raw
wood material for the benefit of
the inhabitants of the contract
area.
Legality Licensing
Scope of Legality
Licensing
31.
Legality Licensing applies to
timber products specified in the
Second and Third Schedules which
are
(a)
harvested within the country;
(b)
imported into the country;
(c)
destined for distribution and
sale on the domestic market; or
(d)
destined for export from the
country.
Establishment and Functions of
the Timber Validation Committee
Establishment of Timber
Validation Committee
32. There is established by
these Regulations a Timber
Validation Committee.
Functions of the Committee
33.
The Committee shall
(a)
monitor and ensure that the
division or department of the
Commission responsible for
verification and validation of
applications for licences
performs its functions in a
credible,
transparent and independent
manner;
(b)
establish measures to ensure
that the processes of
verification and validation
under these Regulations are not
interfered with;
(c)
settle complaints made in
respect of the division or
department of the Commission
responsible for verification and
validation of applications for
licences and in respect of the
verification and validation
process undertaken under
regulation 41;
(d)
report every six months to the
Minister on the activities of
the Committee; and
(e)
make recommendations to the
Minister regarding the
implementation of these
Regulations.
Membership and tenure of office
of members of the Committee
34.
(1) The Committee consists of
(a)
a chairperson nominated by the
Minister, acting on the advice
of the Commission;
(b)
the Chief Executive of the
Commission;
(c)
one representative not below the
rank of a Director or the
equivalent of the rank of a
Director from
(i) the Customs Division of the
Ghana Revenue Authority
nominated by the Commissioner-
General;
(ii) the Ministry responsible
for Lands and Natural Resources
nominated by the Minister; and
(iii) the Ghana Police Service
nominated by the Inspector-
General of Police;
(d)
one representative from the
Judiciary nominated by the Chief
Justice;
(e)
one representative of the Trades
Union Congress nominated by the
Trades Union Congress ;
(f)
one representative from
non-governmental organisations
active in the forest sector
nominated by the
non-governmental organisations;
(g)
one representative from the
timber industry nominated by
registered timber associations;
(h)
one representative from the
National House of Chiefs
nominated by the National House
of Chiefs; and
(i)
the Director of the division or
department of the Commission
responsible for verification and
validation of applications for
licences.
(2) The members of the Committee
shall be appointed by the
Minister.
(3) A member of the Committee,
other than the Chief Executive
and the Director of the division
or department of the Commission
responsible for verification and
validation of shall hold office
for a period of not more than
four years and is eligible for
re appointment, but a member
shall not be appointed for more
than two terms.
(4) A member of the Committee,
other than the Chief Executive,
may at any time resign from
office in writing addressed to
the Minister.
(5) A member of the Committee,
other than the Chief Executive
and the Director of the division
or department of the Commission
responsible for verification and
validation of applications for
licences, who is absent from
three consecutive meetings
without sufficient cause ceases
to be a member of the Committee.
(6) The Minister may, by letter
addressed to a member, revoke
the appointment of that member
and shall state the reason for
the revocation of the
appointment.
(7) Where a member of the
Committee is for sufficient
reason, unable to act as a
member, the Minister shall
determine whether the inability
would result in a declaration of
a vacancy.
(8) Where there is a vacancy.
(a)
under subregulation (4), (5),
(6) or regulation 36 (2),
(b)
as a result of a declaration
under subregulation (7), or
(c)
by reason of the death of a
member,
the Minister shall appoint
another person to fill the
vacancy.
Meetings of the Committee
35.
The Committee shall regulate the
manner and procedure of its
meetings.
Disclosure of interest
36.
(1) A member of the Committee
who has an interest in a matter
for consideration
(a)
shall disclose the 'nature of
the interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
shall not participate in the
deliberations of the Committee
in respect of that matter.
(2) A member ceases to be a
member of the Committee, if that
member has an interest in a
matter before the Committee and
(a)
fails to disclose that interest,
or
(b)
participates in the
deliberations of the Committee
in respect of the matter.
Operational budget and
allowances
37.
(l) The operational budget of
the Committee shall be approved
by the Minister in consultation
with the Minister responsible
for Finance. (2) Members of the
Committee shall be paid the
allowances approved by the
Minister in consultation with
the Minister responsible for
Finance.
General Provisions on Licences
Requirement for licence
38.
(1) A person shall not
(a)
export from the country, or
(b)
distribute for sale on the
domestic market,
a timber product without a
licence issued by the
Commission.
(2) A person who contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Application for licence
39.
(1) A person who intends to
export a timber product from the
country or distribute a timber
product for sale on the domestic
market shall apply in writing to
the Commission.
(2) The application shall be
made in the format determined by
the Commission.
(3) An application for a licence
may be made to cover
(a)
the shipment of a timber product
destined for export from the
country; and
(b)
the consignment of a timber
product harvested within the
country or a timber product
destined for sale on the
domestic market.
(4) An application shall be
accompanied with the
documentation required by the
Commission.
(5) An applicant shall submit
the application with the
administrative and processing
fee prescribed by the Commission
under the Fees and Charges
(Miscellaneous Provisions) Act,
2009 (Act 793).
Conditions for licence
40.
(1) A licence under these
Regulations shall only be
granted if
(a)
the timber product obtained from
the country and destined for
export from the country or for
distribution for sale on the
domestic market has been legally
produced; and
(b)
the timber product destined for
export from the country does not
include a timber product
imported into the country from a
third country
(i) in a form in which the laws
of that third country prohibit
for export; or
(ii) which is produced in
contravention of the laws of the
country where the trees were
harvested.
(2) A timber product is legally
produced if the product has been
checked in accordance with the
wood tracking system prescribed
by the Commission, and conforms
to the definition, principles,
standards, and criteria set out
in the Third Schedule.
(3) The Commission may require
an applicant for a licence to
satisfy any other condition or
furnish the Commission with
additional documentation or
information that the Cormnission
considers necessary to determine
the application.
Process for application
41.
(1) The. Commission shall,
within three days of the receipt
of a completed application,
acknowledge receipt and forward
one copy of the application to
the division or department of
the Commission responsible for
verification and validation of
applications for licences to
verify and validate the
application.
(2) For the purpose of
processing an application for a
licence made under regulation
39, the division or department
of the Commission responsible
for verification and validation
of applications for licences
shall, within fourteen days of
the receipt of an application,
verify and
validate the application.
(3) Where the division or
department is of the opinion
that the applicant has
(a)
paid the prescribed fee; and
(b)
met the requirements of the
verification and validation
process in respect of the
application,
the division or department shall
submit in writing a report to
the Commission for consideration
together with recommendations on
the verification and validation
process.
(4) For the purpose of this
regulation, the verification and
validation of an application
includes the conduct of
processes
(a)
to confirm the legality of a
timber product as specified in
the Third Schedule; and
(b)
in accordance with the criteria
prescribed by the Commission.
Grant of licence
42.
(1) The Commission shall, within
seven days of the receipt of a
report from the division or
department of the Commission
responsible for verification and
validation of applications for
licences, make a decision based
on the recommendations.
(2) Where after consideration of
the report, the Commission is of
the opinion that
(a)
the consignment of a timber
product meets the required legal
standards for export from the
country or for distribution for
sale on the domestic market, and
(b)
verification of the process
chain of timber products
destined for export from the
country or for distribution for
sale on the domestic market has
been completed, the Commission
may grant a licence to the
applicant.
(3) The Commission shall, within
thirty days of receipt of the
report, inform the applicant in
writing of its decision.
(4) A licence granted by the
Commission is subject to the
conditions specified in the
licence.
(5) Where the Commission refuses
to grant a licence, the
Commission shall communicate in
writing the reason for the
refusal to grant the licence.
(6) For the purpose of this
regulation, the "process chain
of timber products" includes
(a)
the processes involved from when
a timber product is harvested
through to when the timber
product is ready for export or
for sale on the domestic market;
and
(b)
the wood tracking system
prescribed by the Commission.
Non-transferability of
licence
43.
(1) A person granted a licence
under these Regulations shall
not transfer that licence to
another person.
(2) A person who transfers a
licence contrary to
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Validity and duration of licence
44.(1)
A licence is valid from the date
that the licence is granted. (2)
The period of validity of a
licence shall not exceed
(a)
twenty-one days for timber
products destined for export
from
the country; or
(b)
thirty days for timber products
for distribution or sale on the
domestic market.
(3) Despite subregulation (2),
the Commission may extend the
period for the validity of a
licence to a period not
exceeding the period specified
in paragraphs (a) and
(b).
(4) The Commission shall
validate the extension of a
licence by a letter indicating
that the licence has been
extended, the period of the
extension and the expiry date of
the licence.
(5) The use of a licence shall
not affect any requirements
under an enactment with respect
to the movement of goods within,
into or out of the country.
(6) On the expiration of a
licence, the licensee or a
representative of the licensee
shall return that licence to the
Commission.
Suspension and cancellation of
licence
45.
(1) The Commission may suspend
or cancel a licence, where the
Commission is satisfied that the
licensee
(a)
is not complying with or has not
complied with any of the terms
or conditions of the licence;
(b)
has contravened any of the
provisions of these Regulations
or any other relevant enactment;
or
(c)
no longer meets the requirements
for which the licence was
granted.
(2) The Commission shall not
suspend a licence under
subregulation (1) unless the
Commission has
(a)
given the licensee at least
seven days' written notice of
the decision to suspend the
licence and specified in the
notice the defect, omission or
breach that has caused the
dissatisfaction of the
Commission; and
(b)
requested the licensee to remedy
the defect, omission or breach
within fourteen days from the
date of receipt of the written
notice.
(3) Where the licensee fails to
take the necessary action to
remedy the defect, omission or
breach, the Commission shall
cancel the licence and notify
the licensee in writing.
(4) The suspension or
cancellation of a licence is
effective from the day that the
applicant is informed of the
decision of the Commission to
suspend or cancel the licence.
Review of decision by Committee
46.
(1) A person aggrieved by a
decision of the division or
department of the Commission
responsible for the verification
and validation of licences may,
within seven days of being
informed of the decision, submit
a complaint in writing to the
Committee for a review of the
decision.
(2) The Committee shall
(a)
determine its own procedure for
review; and
(b)
invite the applicant to appear
before it and give the applicant
a hearing.
(3) An applicant invited to
appear before the Committee may
(a)
be represented by a lawyer of
the applicant's choice; and
(b)
call an expert witness or any
other witness of the applicant's
choice.
(4) The Committee shall
(a)
within seven days after the
receipt of the complaint, inform
the applicant in writing of its
decision and the reason for the
decision; and
(b)
submit in writing a report of
its findings with reasons to the
Minister.
(5) The Minister shall, within
seven days of receipt of the
report, make a decision and
communicate the decision to the
aggrieved person.
(6) Where
(a)
a person is dissatisfied with
the decision of the Minister; or
(b)
twenty-one days have expired
without a decision being made
and communicated by the Minister
that person may pursue the
matter in Court.
Forms of licences
47.
(1) For the purposes of these
Regulations, the Commission may
grant a paper-based licence or
an electronic licence.
(2) A licence granted under this
regulation shall provide
information on the timber
product in respect of which the
licence is granted.
Paper-based licence
48.
(1) A paper-based licence issued
by the Commission shall
(a)
be in the form set out in the
Fourth Schedule;
(b)
be of the standard A4 paper
size;
(c)
have a watermark indicating the
logo of the Commission embossed
on the paper;
(d)
have the seal of the Commission
embossed on the paper; and
(e)
be completed in manuscript,
typescript or by computerised
means.
(2) The Commission shall stamp
each paper-based licence that
the Commission issues.
(3) The Commission shall use any
tamper-proof method to record
the quantity of paper-based
licences the Commission grants
in order to prevent the
insertion of figures or
references.
(4) The Commission shall furnish
an applicant who obtains a
paper-based licence with four
copies of the licence.
Electronic licence
49.(1)
A licence may be issued and
processed electronically.
(2) The Commission shall
establish electronic systems for
the is- sue, transmission and
receipt of electronic licences
before the licences are issued.
Lost, stolen or destroyed
licence
50.
(1) In the event of the
loss, theft or destruction of an
original licence granted under
these Regulations or a copy of
that licence, the licensee or
the representative of the
licensee shall, within fourteen
days of the loss, theft or
destruction apply to the
Commission for a replacement of
the licence on the basis of the
document in the possession of
the licensee or the
representative.
(2) An application for a
replacement of a licence shall
be accompanied with a police
report.
(3) The Commission shall, within
fourteen days of receipt of the
request from the licensee or the
representative of the licensee,
issue the licensee or the
representative of the licensee
with a replacement licence.
(4) A replacement licence shall
contain the licence number and
the information and entries
appearing on the original
licence.
(5) A replacement licence shall
bear the endorsement
"Replacement Licence".
(6) If a replacement licence is
lost, stolen or destroyed, no
further replacement licence
shall be issued.
(7) Where a lost or stolen
licence is retrieved, the finder
of the retrieved licence shall
return the licence to the
Commission.
(8) A person who contravenes
subregulation (7) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Validation and alteration
of licences
51. (1) The Commission shall
validate each copy of a licence
or replacement licence.
(2) A licence shall not contain
any erasure or alteration.
Procedure Relating to Timber
Operations
Inspection and investigation by
Committee
52.
(1) Where the Committee
considers that an inspection or
investigation is necessary to
prevent an abuse or manipulation
of the verification and
validation process, the
Committee may authorise a person
to carry out an inspection or
conduct an investigation into
any mat- ter related to the
verification and validation
process required for the grant
of a licence.
(2) An authorised person may,
subject to subregulation (3),
(a)
at any reasonable time, enter
the premises of a person
concerned with or affected by a
verification or validation
process;
(b)
require an officer, employee,
agent or any other person who is
the subject of a verification or
validation process to produce
any book, record, accounts or
other document;
(c)
search premises for any book,
record, accounts or other
document;
(d)
examine and make extracts from
any book, record, accounts or
other document of the person
concerned with or affected by
the verification or validation
process;
(e)
undertake field trips to inspect
and examine timber logs and
timber products which are
related to the verification or
validation process;
(f)
remove any book, record,
accounts or other document of
the person who is the subject of
the inspection or investigation
and keep them for as long as is
necessary to examine them, but
the authorised person shall give
a receipt for the book, record,
accounts or other document
removed; or
(g)
require an officer, employee or
agent of the person who is the
subject of inspection or
investigation to
(i) explain an entry in the
book, -record, accounts or
document; or
(ii) provide the authorised
person with information
concerning the management or
activities of the person who is
the subject of the inspection or
investigation.
(3) The powers of entry and
search under paragraphs (a)
and (c) of
subregulation (2) shall only be
exercised with the consent of
the person who is the subject of
the inspection or investigation
or the person in charge of the
premises.
(4) The authorised officer may
collaborate with a police
officer where there are
reasonable grounds to believe
that it is necessary to exercise
the powers under paragraphs
(a) and (c) of
subregulation (2) for the
prevention, investigation or
detection of an offence or to
obtain evidence relating to an
offence.
(5) A person shall not without
just cause, hinder or obstruct
an authorised person in the
exercise of a function under
this regulation.
(6) A person who contravenes
subregulation (5) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Procedure on completion of
inspection or investigation
53.
(1) An authorised person shall
(a)
make a written report on the
inspection and investigation and
forward a copy of the report to
the Committee, and
(b)
send a summary of the findings
and recommendations to the
person who is the subject of the
inspection or investigation.
(2) The Committee, if satisfied
that there has been misconduct
in or abuse of the verification
and validation process, shall
inform the person who is the
subject of the inspection or
investigation in writing and
annul the steps taken in the
process or take steps that it
considers appropriate in the
circumstances.
(3) The Committee shall give a
person who is the subject of the
inspection or investigation,
adequate opportunity to make
representations to the Committee
in relation to the matter before
taking any
decision,
(4) The Committee shall, after
completion of the inspection or
investigation, communicate in
writing to the Commission the
outcome of the inspection or
investigation and the decision
made on it.
Mingling of timber
54.
(1) A person shall not mingle a
timber product for which a
licence has not been obtained
with a timber product for which
a licence has been obtained for
the purpose of export from Ghana
or for sale on the domestic
market.
(2) A person who contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Logging Manual
55.
(1) The Forestry Commission may
issue a Logging Manual under
these Regulations.
(2) The Logging Manual shall be
(a)
a code of practice for timber
utilisation contract operations;
and
(b)
subject to periodic revision.
Harvesting plan
56.
The harvesting plan for timber
operations in a contract area
shall be drawn up in accordance
with the Logging Manual and
shall describe the nature of the
timber operations with
explanatory maps.
Approved period for timber
operations and transport of
forest produce
57.
(1) A person shall not carry out
timber operations or transport
any timber product from a
contract area except between the
hours of 6 a.m. and 6 p.m. on a
working day.
(2) Despite subregulation (1), a
person may carry out timber
operations or transport a timber
product from a contract area
outside the prescribed time if
that person obtains written
authorisation to carry out
timber operations or transport a
timber product from a contract
area from the Commission.
(3) An authorisation under
subregulation (2) is subject to
the conditions as the Commission
may determine.
Timber produce inspection
officer
58.
The Chief Executive may assign
an official inspector to conduct
special surveillance against
illegal timber operations.
Marking and numbering of trees,
logs and timber products
59.
(1) The Commission shall
supervise and ensure that any
tree to be felled and other
timber produced from the tree is
marked and numbered in
accordance with the Logging
Manual.
(2) An inspection officer
assigned to inspect the marking
or numbering of trees, stumps,
timber and other timber
products, may enter any mill
yard, warehouse or lumber market
or may, at any check point seize
trees or timber products that
are not properly marked,
numbered or supported with
authentic documents.
(3) A person found in possession
of any timber product that is
not properly marked or numbered
or without the requisite
documentation commits an offence
and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Timber Stumpage Fees and
Contract Area Rent
Stumpage fee
60.
(1) The holder of a timber
utilisation contract who
harvests timber shall pay
stumpage fee which shall be
calculated in accordance with
the formula specified in the
Fifth Schedule.
(2) For the purposes of these
Regulations, stumpage fee
represents royalties which
provide a basic return to the
landowner and contributes to the
cost of forest management and
timber regulation.
(3) The stumpage rate shall be
determined by the Minister in
consultation with the Commission
and the Administrator of Stool
Lands, having regard to the
market demand and inventory
levels of timber species.
(4) An officer who
(a)
falsely calculates stumpage
fees, or
(b)
assists a contractor to
under-declare tree volumes used
in the calculation of stumpage
fees
commits an offence and is liable
on summary conviction to
(c)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(d)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations and is
liable to be dismissed from the
public service.
Measurement of timber
61.
(1) A District Forest Officer
shall, within forty-eight hours
of the felling of a tree, take a
measurement of the volume of the
timber.
(2) The District Forest Officer
shall on completion of the
measurement taken under
subregulation (1), issue a tree
information form determined by
the Commission stating the
measurement of the timber.
(3) A person shall not lift
timber from its stump unless a
measurement of the stump has
been taken and the District
Forest Officer has calculated
the stumpage fee payable in
accordance with the formula
specified in the Fifth Schedule.
(4) A District Forest Officer
who declares a false measurement
of timber in contravention of
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
(5) A person who contravenes
subregulation (3) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units.
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Conveyance certificate
62.
(1) A person shall not transfer
or move timber from a forest
area unless that person has
obtained for the transfer or
movement of the timber, a timber
conveyance certificate.
(2) A conveyance certificate
shall not be issued for lumber
produced by chain saw.
(3) A timber contractor who
seeks to transfer or move timber
from a forest area shall apply
to the Commission in writing for
a conveyance certificate.
(4) A conveyance certificate
shall be issued by an officer of
the Commission of a rank not
below a Senior Range Supervisor.
(5) A person who contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Payment of stumpage fee
63.
(1) A person who harvests timber
under a timber utilisation
contract shall pay the stumpage
fee in respect of the harvested
timber within thirty days of
billing, after which interest
shall be paid on the outstanding
amount payable at the prevailing
Bank of Ghana rate.
(2) The District Forest Officer
shall furnish the Regional Stool
Lands Officer with copies of
bills payable in respect of
stumpage fees.
(3) Where a fee under
subregulation (1) is payable in
respect of stool land, the fee
shall be collected by the
Administrator of Stool Lands and
that fee shall be deposited in
the relevant stool lands
account.
Payment for timber management
services
64.
(1) The Minister shall in
consultation with the Commission
and the Administrator of Stool
Lands in. respect of stool land,
determine the fee payable for
timber management services.
(2) The Commission shall
distribute revenue derived from
timber on private land in the
proportions agreed on by the
Commission and owner of the
land.
Payment of rent for contract
area
65.
The holder of a timber
utilisation contract shall pay
rent in respect of the contract
area as set out in the Sixth
Schedule to
(a)
the Administrator of Stool Lands
in the case of stool lands; and
(b)
to the owner of the land in any
other case.
Registration and Use of
Chainsaws
Requirement to register chainsaw
66.
(1) A person shall not use a
chainsaw for felling timber
unless the chainsaw has been
registered in accordance with
regulations 67 and 68.
(2) A person who contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Registration of chainsaw by
District Assembly
67.
(1) A person who owns a chain
saw shall apply to the District
Assembly in which that person
resides, to register the
chainsaw.
(2) An application for
registration of a chainsaw shall
be made within fourteen days of
the acquisition of the chainsaw
as set out in the Seventh
Schedule.
(3) An officer of the District
Assembly shall on receipt of an
application under subregulation
(2),
(a)
inspect the chainsaw, and
(b)
ensure that the condition of the
chainsaw meets the relevant
requirement for use of the
chainsaw.
(4) Where
the officer of the District
Assembly is satisfied with the
condition of the chainsaw that
officer shall register the
chainsaw and issue a licence in
respect of the registered
chainsaw to the owner.
(5) A licence issued under
subregu1ation (4) is valid for
one year and may be renewed.
(6) An applicant shall pay the
fee for the issue or renewal of
a licence as prescribed by the
Fees and Charges (Miscellaneous
Provisions) Act, 2009 (Act 793).
(7) A person who, being the
owner of a chainsaw, contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment, of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Registration of chainsaw at
District Forest Office
68.
(1) A person who registers a
chainsaw at a District Assembly
shall also register that
chainsaw at the District Forest
Office where the chainsaw is to
be used to fell trees.
(2) An application for
registration of a chainsaw at a
District Forest Office shall be
preceded by a registration at
the District Assembly in
accordance with regulation 67.
(3) An application for
registration of a chainsaw at a
District Forest Office shall be
as set out in the Seventh
Schedule.
(4) An officer of the District
Forest Office shall on receipt
of an application under
subregu1ation (3)
(a)
inspect the chainsaw, and
(b)
ensure that the condition of the
chainsaw meets the relevant
requirement for use of the
chainsaw.
(5) Where the District Officer
is satisfied with the condition
of the chainsaw that officer
shall allocate a registration
number to the registered
chainsaw.
(6) A fee is not payable for the
registration of a chainsaw at a
District Forest Office.
(7) A person who, being the
owner of a chainsaw, contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Timber registration number
69.
A District Forestry Officer
shall allocate a timber
registration number to a
registered chainsaw.
Prohibition of use of chainsaw
to convert timber into lumber
for sale
70.
(1) A person shall not use a
chainsaw whether registered or
unregistered, to convert timber
into lumber or other forest
products for sale, exchange or
any other commercial purpose.
(2) A person shall not sell a
timber product to which
subregulation (1) applies.
(3) A person who contravenes
subregulation (1) or (2) commits
an offence and is liable on
summary conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Requirement of chainsaw user to
mark stump
71.
(1) Where a person uses a
chainsaw to fell a tree, that
person shall mark the stump of
the tree with the timber
registration number of that
person.
(2) Where more than one tree is
felled, marking shall be made
serially.
(3) A person who contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
Prohibition of use of
unregistered chainsaw
72.
(1) A landowner shall not permit
a person to use an unregistered
chainsaw to fell a tree or
saw.timber on the land of that
landowner.
(2) A landowner who contravenes
subregulation (1) commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and.
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
(3) Where a person fells a tree
or saws timber with an
unregistered chainsaw, the
Commission may, in addition to
the penalty imposed under
subregulation (2), apply to a
Court for an order for the
confiscation and sale by the
Republic, of the chainsaw, tree
or timber product.
Supply to domestic market
73.
The Minister in consultation
with the Commission may by
publication in .
(a)
the Lands and Commercial
Bulletin; and
(b)
the mass media,
direct the holder of a timber
utilisation contract on the
supply of timber products into
the domestic market with a
specified volume, dimension or
species.
Restricted timber species
74.
(1) A person shall not fell the
species of timber specified in
the Eighth Schedule except under
a restricted species permit
issued by the Commission with
the approval of the Minister.
(2) A person who contravenes
subregulation (1) commits an
offence.
General offences and penalties
75. (1) A person who contravenes
a provision of these
Regulations, for which a penalty
is not provided, commits an
offence and is liable on summary
conviction to
(a)
a fine of not less than two
hundred and fifty penalty units
and not more than one thousand
penalty units or to a term of
imprisonment of not more than
two years or to both; and
(b)
a fine of not less than one
thousand penalty units for a
second or continued offence
under these Regulations.
(2) Where an offence is
committed under these
Regulations by a body corporate
or a partnership or a firm, a
director or senior officer of
that body corporate or
partnership or any person
concerned with the management of
the firm shall be deemed to have
committed the offence.
(3) A person shall not be
convicted of an offence under
subregulation (2) if it is
proved that
(a)
due diligence was exercised to
prevent the commission of the
offence; and
(b)
the offence was committed
without the knowledge, consent
or connivance of that person.
Miscellaneous Provisions
Public access to information on
forest resource management
76. (1) The Commission shall
make information on the
management of forest resources
available on its website and on
request.
(2) Information on the website
shall include
(a)
a list of preregistered timber
companies,
(b)
a list of companies with valid
property marks,
(c)
a list of large scale timber
utilisation contracts including
(i) the names of the timber
utilisation contract holders,
(ii) the location for
performance of the contract,
(iii) size of the contract,
(iv) duration of the contract,
(v) the required payments under
social responsibility
agreements,
(vi) the status of account on
payment of fees;
(d)
a list of small scale timber
utilisation contracts including
(i) the names of small scale
timber utilisation contract
holders,
(ii) the location for
performance of the contract,
(iii) size of the contract,
(iv) duration of the small scale
timber utilisation contract,
(v) the required payments under
social responsibility
agreements,
(vi) the status of account on
the payment of fees;
(e)
a list of salvage permits
including
(i) the names of the salvage
permit holders,
(ii) the location of the
contract,
(iii) size of the contract,
(iv) duration of the salvage
permit,
(v) the required payments under
social responsibility
agreements,
(vi) the status of account on
the payment of fees;
(f)
a list of certificates of
purchase including
(i) the names of the purchase
certificate holders,
(ii) the date of public sale,
and
(iii) the quantity and price of
timber acquired.
(3) The Commission shall make
any other additional information
on the management of forest
resources available on request.
(4) The additional information
referred to in subregulation (3)
shall include
(a)
forest reserve management plans,
strategic plans, operational
plans, timber operational
specifications, harvesting
schedules and District Forestry
development plans,
(b)
national forest maps delineating
the timber utilisation contract
areas, and
(c)
any other relevant forest
management information.
(5) A person requesting for
information under subregulation
(1), (2) or (3) shall apply in
writing to the Commission.
(6) The Commission shall respond
to the request in writing within
fourteen days of receipt of the
request.
Transitional provisions
77.
(1) A timber contractor who
holds a lease, contract, licence
or any other permit other than a
timber utilisation contract or
other legal source for
harvesting natural timber under
these Regulations, shall, within
six months, apply to the
Commission for a conversion of
the lease, contract, licence or
permit into a timber utilisation
contract.
(2) The Commission may convert
into a large scale timber
utilisation contract, a lease,
contract, licence or permit or a
combination of the lease,
contract, licence or permit
taking into consideration the
area and duration of the
original lease, contract,
licence or permit.
(3) Where the area and duration
of the original lease, contract,
licence or permit does not
qualify for a large scale timber
utilisation contract but
qualifies for the allocation of
a small scale timber right, the
Commission shall convert the
original lease, licence or
permit into a small scale timber
utilisation contract.
(4)ยท The Commission shall ensure
that the terms and conditions
referred to in regulation 22 are
included in a large and small
scale timber utilisation
contract which is awarded to a
timber contractor as a result of
a conversion.
(5) Where a timber rights fee
has not been paid under the
original permit, lease or other
type of contract, the conversion
process shall include the
payment of a one-off timber
rights fee.
(6) Where a social
responsibility agreement was not
in place under the original
permit, lease or other type of
contract, a social
responsibility agreement at a
value of five percent of the
stumpage fee shall be negotiated
by the timber contractor with
the affected communities as part
of the conversion process.
(7) An application for
conversion shall be in
conformity with the limitation
on the duration and area of the
timber rights specified in
section 6A of the Act.
Interpretation
78.
In these Regulations, unless the
context otherwise requires,
"applicant" means a person who
applies for
(a)
timber rights,
(b)
other sources of timber,
(c)
chainsaw registration, or
(d)
a legality licence
under these Regulations;
"authorised person" means a
person authorised by the
Committee under subregulation
(1) of regulation 52;
"Chief Executive" means the
Chief Executive of the
Commission appointed under
section 12 of the Forestry
Commission Act, 1999 (Act 571);
"Commission" means the Forestry
Commission established under
section 1 of the Forestry
Commission Act, 1999 (Act 571);
"Committee" means the Timber
Validation Committee established
under regulation 32;
"contract area" means an area of
land in respect of which a
timber utilisation contract has
been granted;
"District Forest Officer" means
the District Forest Manager or
an authorised representative of
the District Forest Manager;
"domestic market" means the
Ghanaian market for the sale and
export of timber products;
"Evaluation Committee" means the
Timber Rights Evaluation
Committee established under
section 5 of the Timber Resource
Management Act, 1998 (Act 547);
"forest district" means a
geographical landscape
delineated within a given
political region by the Forestry
Commission for the purposes of
local administration and
sustainable
management of forest resources
within that landscape;
"full cycle harvest rotation"
means the number of years
specified for one round of
management interventions in a
unit of a production forest
beginning from the time of
regeneration to the time of
maturity and harvesting;
"harvest" means to fell, cut,
convert, collect or otherwise
dispose of timber from land or a
water body;
"legality licence" means the
licence issued for the trade in.
timber in regulation 38 after
compliance with the legality
matrix;
"legality licensing" means the
process for ascertaining
compliance with the legality
matrix for the purpose of the
issuance of a legality licence;
"legality matrix" means a
summary of relvant laws and
regulations governing the forest
sector and the grid for the
compliance for the issuance of a
legality licence;
"licence" means a licence
granted by the Commission for
the purpose of these
Regulations;
"licensee" means the holder of a
licence granted by the
Commission ;
"logger" means a harvester of
timber;
"official Inspector" means a
person appointed by the
Commission to audit or conduct,
an inspection of the activity of
a timber logging company;
"mingling of timber" means to
mix legal and illegal timber in
a consignment for export or for
sale on the domestic market;
"paper-based licence" means a
licence granted by the
Commission
under regulation 48;
"production forest reserve"
means an area in a forest
reserve where controlled logging
activities are permitted;
"professional forester" means a
person who holds a university
degree in forestry or a
technical diploma of a level
acceptable to the Ghana
Institute of Professional
Foresters;
"Regional Forest Officer" means
the Regional Forest Manager or
an authoriscd representative of
the Regional Forest Manager;
"restricted species permit"
means a permit issued under
regulation 74 for the regulation
of the felling of a species of
timber specified in the Eighth
Schedule;
"Social Responsibility Agreement
Guidelines and Code of Conduct"
means the set of documents
approved by the Commission
outlining the legal basis,
procedures and monitoring
mechanisms' for ensuring the
proper negotiation and
implementation of Social
Responsibility Agreements;
"special surveillance" means any
surveillance other than the
normal surveillance activities
of the Commission to investigate
reported, illegal timber
operations within the scope of
authority;
"stumpage fee" means the rate
used to calculate stumpage fees
in accordance with regulation 60
which is determined by the
Minister in consultation with
the Commission and the
Administrator of Stool Lands,
having regard to the market
demand and the inventory on
levels of timber species;
"timber contractor" means a
person who holds a timber right
in the form of a large or small
scale timber utilisation
contract or other source of
timber;
"timber product" means a product
which is subject to a timber
utilisation contract granted
under the Timber Resource
Management Act, 1998 (Act 547)
or any permit granted
under an enactment for the
logging or sale of timber of the
class descriptions set out in
the Second Schedule;
"verification and validation
process" includes the processes
required to be carried out to
ascertain the legality of a
timber product of the
specifications indicated in the
Eighth Schedule and meet the
criteria prescribed by the
Commision; and
"wood tracking system" includes
a chain of processes that relate
to the monitoring and reporting
system used by the Commission to
ensure that a timber product of
the class
description specified in the
Second Schedule meet the
criteria required by the
Commission.
Revocations and savings
79.
(1) The following Regulations
are revoked:
(a)
Timber Resources Management
Regulations, 1998 (L.l. 1649);
(b)
Timber Resources Management
(Amendment) Regulations, 2003
(L.l.l721); and
(c)
Timber Resources Management
(Legality Licensing)
Regulations, 2012 (L.l. 2184).
(2) Despite the revocation of
the Regulations specified in
subregu1ation (1), any lawful
acts done under the revoked
Regulations shall continue to
have effect until reviewed,
cancelled or terminated.
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