TIMBER RESOURCES MANAGEMENT ACT,
1997 (ACT 547)
As amended
FORESTRY COMMISSION ACT, 1999 (ACT
571).1
TIMBER RESOURCES MANAGEMENT
(AMENDMENT) ACT, 2002 (ACT 617).2
ARRANGEMENT OF SECTIONS
Section
1. Prohibition from harvesting
timber without timber utilization
contract
2. Qualification for timber
utilization contract
3. Application for timber rights
4. Land subject to timber
utilization contract
5. Establishment of Timber Rights
Evaluation Committee and its
functions
6. Functions of the Evaluation
Committee
6A. Duration and Area of Timber
right.
6B.Disqualification for
Involvement in Illegal Timber
Operations.
7. Grant of timber rights
8. Terms of contract
9. Ratification of Parliament
10. Logging Manual
11. Survey
12. Management of timber
operation
13. Payment of royalties, charges
and other fees
14. Payment in respect of stool
lands
14A.Benefits and incentives for
investors.
14B. Exemption of non-zero-rated
items
14C. Incentives for special
investment.
14D. Investment guarantees,
transfer of capital, profits and
dividends.
14E. Guarantees against
expropriation.
14F. Dispute settlement
procedures.
14G. Immigration quota.
14H. Assistance to an investor.
14I. Personal Remittances.
14J. Technology transfer
agreement.
15. Suspension and termination of
timber utilization contracts
16. Transfer of timber rights
17. Offences
18. Regulations
19. Savings and transitional
provisions
20. Interpretation
21. Modification of Cap 136 and
157
22. Repeals.
THE FIVE HUNDRED AND FORTY-SEVENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE TIMBER RESOURCES MANAGEMENT
ACT, 1997
AN ACT to provide for the grant of
timber rights in a manner that
secures the sustainable management
and utilization of the timber
resources of Ghana and to provide
for related purposes.
DATE OF ASSENT: 17TH MARCH, 1998
BE IT ENACTED BY Parliament as
follows—
Section 1—Prohibition from
Harvesting Timber without Timber
Utilization Contract.
No person shall harvest timber
from any land to which section 4
of this Act applies unless he
holds timber rights in the form of
a timber utilization contract
entered into under this Act in
respect of the area of land
concerned.
Section 2—Qualification for Timber
Utilization Contract.
No timber utilization contract
shall be entered into with any
person under this Act unless the
person is a body incorporated
under the Companies Code, 1963,
(Act 179) or under the
Incorporated Private Partnerships
Act, 1962 (Act 152).
Section 3—Application for Timber
Rights
(1) Procedure for application for
timber rights shall be as
prescribed by regulations made
under this Act.
(2) Without prejudice to
subsection (1) of this section an
application for timber rights
shall be made in writing to the
Forestry Commission which shall
immediately refer the application
to the Timber Rights Evaluation
Committee established under
section 5 of this Act.
(3) The application shall be
accompanied with—
(a) a harvesting plan prepared in
accordance with sustainable
management of timber resources;
(b) an assessment of the likely
environmental effect and proposed
programme to redress any such
effects;
(c) evidence of the financial
ability of the applicant to
operate the area of land subject
to his contract;
(d) evidence of the capability of
the applicant to operate the area
of land subject to his contract;
(e) proposals to assist in
addressing social needs of the
communities who have interest in
the applicant’s proposed area of
operations; and
(f) such other relevant
information or documents as the
Commission may request.
Section 4—Land Subject to Timber
Rights.
(1) Timber rights may be granted
under a timber utilization
contract in respect of—
(a) lands previously subject to
timber rights, which have expired
and are suitable for
re-allocation;
(b) unallocated public or stool
lands suitable for timber
operations in timber production
areas; and
(c) alienation holdings.
(2) No timber rights shall be
granted in respect of—
(a) land subject to alienation
holding; or
(b) land with farms without the
written authorization of the
individual, group or owners
concerned.[As substituted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.1(a).]
(3) No timber rights shall be
granted in respect of—
(a) land with private forest
plantation; or
(b) land with any timber grown or
owned by any individual or group
of individuals.[As inserted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.1(b).]
Section 5—Establishment of Timber
Rights Evaluation Committee and
its Functions.
(1) There is hereby established a
Timber Rights Evaluation Committee
which shall be a committee of the
Commission and shall be composed
of—
(a) the Chief Executive of the
Commission or his representative
who shall not be below the rank of
a Director;
(b) the Executive Director, Forest
Services Division;
(c) [Repealed by the Forestry
Commission Act, 1999 (Act 571),
sch. to s.35(2)].
(d) the Administrator of Stool
Lands;
(e) the Executive Secretary, Lands
Commission;
(f) a representative of the Ghana
Institute of Professional
Foresters; and
(g) one other person appointed by
the Minister.
(2) The Chief Executive or his
representative shall be the
Chairman of the Committee.
(3) The Evaluation Committee shall
regulate the procedure at its
meetings.[As amended by the
Forestry Commission Act, 1999 (Act
571), sch. to s.35(2)].
Section 6—Functions of the
Evaluation Committee.
(1) The functions of the
Evaluation Committee are—
(a) to evaluate applications for
timber utilization contracts in
accordance with qualifications and
criteria provided by regulations
made under this Act; and
(b) to rank the qualified
applicants on merit through a
competitive procedure prescribed
by regulation under this Act.
(2) For the purpose of subsection
(1) of this section the Evaluation
Committee may in respect of any
evaluation—
(a) request for such relevant
documents and information;
(b) co-opt such persons as it
considers necessary.
(3) The Evaluation Committee shall
submit all evaluation reports
together with recommendations
thereon to the Commission within
42 days of receipt of the
application.
Section 6A—Duration and Area of
Timber right.
(1) Subject to subsection (4),
timber rights shall not be granted
for a period exceeding 40 years.
(2) Subject to subsection (4), the
size of the area in respect of
which timber rights may be granted
shall not exceed 125 square
kilometers in respect of any
particular grant of timber rights
at a time.
(3) Subject to subsection (4), a
small, medium or large scale
timber operator as categorized in
Schedule 1 to the Timber Resource
Management Regulations 1998 (L.I.
1649), shall not be granted an
area that exceeds 200, 300 or 500
square kilometers area holding
respectively, and accordingly a
holder with the respective maximum
holding does not qualify to be
granted any further timber rights.
(4) The Minister may on the
recommendation of the Commission
and with the approval of
Parliament by resolution permit
grant of timber rights that exceed
the limits specified in
subsections (1), (2) and (3).
(5) The duration and limits of
timber rights specified in
subsections (1), (2) and (3) shall
not apply to timber leases granted
before the coming into force of
the Timber Resources Management
Act, 1997 (Act 547) and the Timber
Resources Management Regulations,
1998 (L.I 1649).[As inserted by
the Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.2]
Section 6B—Disqualification for
Involvement in Illegal Timber
Operations.
Where a holder of timber rights
who seeks to be granted further
timber rights has been convicted
of or admits to 2 illegal
transactions or operation in the
industry, in the 2 years
immediately preceding the
application, the application shall
not be granted.[As inserted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.2]
Section 7—Grant of Timber Rights.
(1) The Commission shall within 30
days of receipt of the evaluation
report submit the report and its
recommendations on it to the
Minister.
(2) The Minister shall on the
basis of the recommendations of
the Commission grant the timber
rights and shall for that purpose
enter into a timber utilization
contract on behalf of the
President with the successful
applicant.
Section 8—Terms of Contract.
A
timber utilization contract
entered into under this Act shall
be subject to such terms and
conditions as shall be specified
in it including—
(a) the limitation of the area of
land to which the contract
relates;
(b) the period of operation of the
contract;
(c) an undertaking by the holder
of the contract to adhere to any
prescriptions laid down by the
Commission;
(d) an undertaking by the holder
to execute a reforestation plan
during the period of the contract
to the satisfaction of the Chief
Executive;
(e) provisions for prompt payment
of rents, royalties, compensation
and such management and service
charges as prescribed by law;
(f) annual rent payable to the
landlord or owner of the area of
land relevant to the grant;
(g) the periodic review of the
operations of the holder by the
Commission;
(h) the submission to the
Commission of a contract area plan
every five years, prepared by a
professional forester in
accordance with the Logging
Manual; and
(i)
grounds for suspension or
termination.[ As amended by the
Forestry Commission Act, 1999 (Act
571), sch. to s.35(2)].
Section 9—Ratification by
Parliament.
(1) Timber utilization contracts
entered into by the Minister on
behalf of the President shall be
subject to ratification by
Parliament.
(2) Parliament may upon the
recommendation of the Forestry
Commission and upon such
conditions as Parliament may
prescribe, authorise any other
agency of government to approve
timber utilization contracts.
Section 10—Logging Manual.
There shall be prepared by the
Commission in consultation with
the Forestry Commission a Logging
Manual for the purposes of this
Act and regulations made under
this Act.[As amended by the
Forestry Commission Act, 1999 (Act
571), sch. to s.35(2)].
Section 11—Survey.
No timber utilization contract
shall be entered into under this
Act unless the relevant land has
been surveyed in accordance with
the Survey Act, 1962 (Act 127).
Section 12—Management of Timber
Operation.
(1) No timber utilization contract
shall be entered into with any
person under this Act unless the
person has the ability to have at
all times a manager who shall be a
professional forester in charge of
the timber operations and related
activities.
(2) The holder shall notify the
Chief Executive in writing of
every appointment of a manager and
the change of a manager.[As
amended by the Forestry Commission
Act, 1999 (Act 571), sch. to
s.35(2)].
Section 13—Payment of Royalties,
Charges and Other Fees.
(1) There shall be paid in respect
of timber operations approved
under this Act such royalties,
annual rent, fees and charges as
the Minister on the advice of the
Commission may by legislative
instrument prescribe.
(2) A holder who fails to pay any
monies payable under subsection
(1) of this section is liable to
have his contract terminated.
Section 14—Payment in Respect of
Stool Lands.
(1) Receipts obtained by virtue of
section 13 (1) in respect of
timber on stool land shall be
disbursed as provided for by law.
(2) Receipt obtained in respect of
land other than public and stool
land shall be dealt with as shall
be agreed upon with the owners of
the land and the Commission.[As
amended by the Forestry Commission
Act, 1999 (Act 571), sch. to
s.35(2)].
Section 14A—Benefits and
incentives for investors.
A
person who invests in any forestry
or wildlife enterprise (hereafter
referred to in this Act as "an
investor") is entitled to such
benefits and incentives as are
applicable to its enterprise under
the Internal Revenue Act, 2000
(Act 692) and under Chapters 82,
84, 85 and 98 of the Customs
Harmonised Commodity and Tariff
Code scheduled to the Customs,
Excise and Preventive Service Law,
1993 (PNDCL 330) and any other
enactment for the time being in
force.[As inserted by the Timber
Resources Management (Amendment)
Act, 2002 (Act 617), s.3]
Section 14B—Exemption of
non-zero-rated items
An investor who desires the
benefits and incentives provided
under section 14A, but whose
plant, machinery, equipment or
parts of machinery and not
zero-rated under the Customs
Harmonised Commodity and Tariff
Code scheduled to the Customs,
Excise and Preventive Service Law,
1993 (PNDCL 330), may submit an
application for exemption of
import duties, VAT or excise
duties on the plant, machinery,
equipment or parts thereof to the
Commission which shall submit it
to the appropriate tax authority
with its endorsement or otherwise.
[As inserted by the Timber
Resources Management (Amendment)
Act, 2002 (Act 617), s.3]
Section 14C—Incentives for special
investment.
For the purpose of promoting
strategic or major investments in
the forestry and wildlife sector,
the Minister may, on the
recommendation of the Commission
and in consultation with such
other state agencies as the
Minister may determine, negotiate
specific incentives in addition to
the incentives provided in section
14A for such period as may be
specified in the relevant timber
utilization contract.[As inserted
by the Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.3]
Section 14D—Investment guarantees,
transfer of capital, profits and
dividends.
An investor shall be guaranteed
unconditional transferability
through any authorised dealer bank
in freely convertible currency of
(a) dividends or net profits
attributable to the investment;
(b) payments in respect of loan
servicing where foreign loan has
been obtained;
(c) fees and charges in respect of
any technology transfer agreement
of which the Commission has been
informed; and
(d) the remittance of proceeds,
net of all taxes and other
obligations, in the event of sale
or liquidation of the operations
of the investor or any interest
attributable to the investment.[As
inserted by the Timber Resources
Management (Amendment) Act, 2002
(Act 617), s.3]
Section 14E—Guarantees against
expropriation.
(1) Subject to subsections (2) and
(3)
(a) the operations of an investor
shall not be nationalised or
expropriated by Government; and
(b) no person who owns, whether
wholly or in part, the capital of
any forestry or wildlife
investment shall be compelled by
law to cede the interest in the
capital to any other person.
(2) There shall not be any
acquisition of the operations of
an investor by the State unless
the acquisition is in the national
interest or for a public purpose
and under a law which makes
provisions for
(a) payment of fair and adequate
compensation; and
(b) a right of access to the High
Court for the determination of the
investor's interest or right and
the amount of compensation to
which he investor is entitled.
(3) Any compensation payable under
this section shall be paid without
undue delay and authorisation for
its repatriation in convertible
currency, where applicable, shall
be issued.[As inserted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.3]
Section 14F—Dispute settlement
procedures.
(1) Where a dispute arises between
an investor and Government all
efforts shall be made through
mutual discussion to reach an
amicable settlement.
(2) Any dispute between an
investor and Government which is
not amicably settled through
mutual discussions may be
submitted at the option of the
aggrieved party to arbitration as
follows:
(a) in accordance with the rules
of procedure for arbitration of
the United Nations Commission on
International Trade Law;
(b) in the case of a foreign
investor, within the framework of
any bilateral or multilateral
agreement on investment protection
to which the Government and the
country of which the investor is a
national are parties; or
(c) in accordance with any other
national or international
machinery for the settlement of
investment dispute agreed to by
the parties.
(3) Where in respect of any
dispute, there is disagreement
between the investor and the
Government as to the method of
dispute settlement to be adopted,
the choice of the investor shall
prevail.[As inserted by the Timber
Resources Management (Amendment)
Act, 2002 (Act 617), s.3]
Section 14G —Immigration quota.
(1) An investor with a paid-up
capital of US $10,000.00 but less
than US. $100,000.00 or its
equivalent in cedis, is entitled
to an initial automatic maximum
immigrant quota of one person.
(2) An investor with a paid-up
capital of US$100,000.00 but less
than US $500,000.00 or its
equivalent in cedis is entitled to
an initial automatic maximum
immigrant quota of two persons.
(3) An investor with a paid-up
capital of US $500,000.00 or more
or its equivalent in cedis is
entitled to an initial automatic
maximum immigrant quota of four
persons.
(4) Except as provided is
subsections (1), (2) and (3), any
application for immigrant quota by
an investor shall be submitted to
the Commission.
(5) An application submitted under
this section shall be submitted by
the Commission to the Immigration
Service which shall deal with it
in consultation with the
Commission.[As inserted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.3]
Section 14H—Assistance to an
investor.
The Commission shall provide an
investor such assistance and
guidance as the investor may
require and shall act as liaison
between the investor and relevant
government departments, agencies
and other public authorities.[As
inserted by the Timber Resources
Management (Amendment) Act, 2002
(Act 617), s.3]
Section 14I—Personal Remittances.
There shall be provided to
expatriate personnel employed or
engaged in an investment in
forestry or wildlife, banking
facilities through authorised
dealer banks for making
remittances abroad except that the
remittances shall not exceed the
total official wage of the
expatriate personnel.[As inserted
by the Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.3]
Section 14J—Technology transfer
agreement.
(1) An investor may enter into
such technology transfer agreement
as the investor considers
appropriate for its operation.
(2) A technology transfer
agreement entered into under
subsection (1) shall be registered
with the Commission.
(3) A technology transfer
agreement shall be governed by any
Regulations for the time being in
force relating to such
agreements.[As inserted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.3]
Section 15—Suspension and
Termination of Timber Utilization
Contracts.
(1) The Minister, acting on the
recommendations of the Commission
may suspend or terminate, as is
appropriate in the circumstances
of the case, a timber utilization
contract where—
(a) the holder has breached any of
the terms or conditions of the
contract; or
(b) the holder has lost the
ability, financially or otherwise
to manage the timber resources
efficiently; or
(c) the area of the land subject
to the contract or a part of it is
under review to determine its
suitability for the operations; or
(d) the area of land subject to
the contract or a part of it is no
longer suitable for the operation
under a timber utilization
contract; or
(e) a review of operations by the
Commission determines that there
are enough grounds for termination
of the contract; or
(f) the holder is charged with or
convicted of an offence under this
Act or of a forest offence.[As
amended by the Forestry Commission
Act, 1999 (Act 571), sch. to
s.35(2)].
(2) The holder of the contract
terminated under section 15 (1),
(c), (d) and (e) shall be entitled
to replacement.
(3) On the suspension or
termination of a timber
utilization contract under this
section the right of the holder
shall cease but without prejudice
to any right of action or remedy
of the government or any person in
respect of any prior breach,
non-performance or non-observance
of any condition on the part of
the holder.
(4) A holder of a timber
utilization contract whose timber
rights have been suspended under
subsection (1) may after
rectifying the breach or if the
reasons for the suspension have
been redressed, petition the
Commission which shall make
recommendations to the Minister on
the merits or otherwise of
removing the suspension.
Section 16—Transfer of Timber
Rights.
(1) No rights over or interest in
timber granted under a timber
utilization contract shall be
transferred or assigned without
the written consent of the
Minister given on the
recommendation of the Commission
and the consent to assign or
transfer shall not be unreasonably
withheld or delayed.
(2) An application for such a
transfer shall be evaluated by the
Evaluation Committee.
(3) A holder who transfers or
assigns his timber rights under a
timber utilization contract
contrary to subsection (1) of this
section commits an offence and is
liable on summary conviction to a
fine of not less than 300% of the
annual rent payable.
Section 17—Offences.
(1) Any person charged with the
management or protection of a
forest resource by virtue of his
employment in any institution of
government who—
(a) By any act or omission in the
performance of his duties
facilitates the breach of any
provision of this Act; or
(b) condones or connives with any
other person in breach of a
provision of this Act,
commits an offence and is liable
on summary conviction to a term of
imprisonment of not less than 6
months and not exceeding two years
without the option of a fine.
(2) Any person who—
(a) harvests timber to which this
Act applies without a valid timber
utilization contract; or
(b) operates a vehicle to carry,
haul, evacuate or transport timber
harvested in contravention of this
Act; or [As amended by the Timber
Resources Management (Amendment)
Act, 2002 (Act 617), s.4(a)]
(c) offers for sale, sells or buys
timber harvested in contravention
of this Act; or
(d) stocks timber harvested in
contravention of this Act; or
(e) carries, hauls or evacuates by
non-mechanical means any timber
harvested in contravention of this
Act, commits an offence and is
liable on summary conviction to
imprisonment for a term of not
less than 6 months and not
exceeding 2 years.
(f) is the owner of a vehicle or
not being the owner causes to be
operated a vehicle to carry, haul,
evacuate or transport timber
harvested in contravention of this
Act. [As inserted by the Timber
Resources Management (Amendment)
Act, 2002 (Act 617), s. 4(b)]
(3) Where a person is convicted
under subsection (2) the court
shall order the confiscation to
the State of any tool, equipment
and machinery involved in the
commission of the offence; and the
court shall order to be
confiscated and sold any timber
harvested in the commission of the
offence.
(4) Notwithstanding the right of
the court to sentence a person
convicted under subsection (2) of
this section to imprisonment, the
court may in lieu of sentence of
imprisonment impose in respect of
the offences specified in—
(a) subsection (2)(a) or (b), a
penalty in the sum of 1000% of the
market value of the timber
involved in the commission of the
offence; or
(b) subsection (2)(c) or (d), a
penalty in the sum of 500% of the
market value of the timber
involved in the commission of the
offence; or
(c) subsection (2) (e), a penalty
in the sum of 100% of the market
value of the timber involved in
the commission of the offence.
Section 18—Regulations.
(1) The Minister on the
recommendations of the Forestry
Commission may by legislative
instrument make regulations—
(a) prescribing procedure for the
identification of lands suitable
for grant of timber rights;
(b) prescribing the procedure for
application, processing and grant
of' timber rights;
(c) on the terms and conditions
for timber rights;
(d) in respect of the Logging
Manual to ensure proper harvesting
and yield;
(e) prescribing the rate of
royalties, fees, management
service charges and other charges
payable in respect of timber;
(f) criteria for categorizing
timber operations in terms of
scale of operations;
(g) on procedure for salvage and
disposal of abandoned timber or
seized timber produce;
(h) specifying the proportion of
timber originating from timber
utilization contracts to be made
available to the domestic and
export market;
(i)
on approved hours for timber
harvesting and for conveyance of
harvested timber;
(j) on registration and operation
of chainsaws and chainsaw
operators on land to which this
Act applies;
(k) prescribing species of trees
considered "depleted",
"threatened,” “ endangered" or
"economically extinct" and
specifying the conditions under
which they may be felled;
(l) prescribing conditions for
harvesting trees for domestic or
social purposes; and
(m) generally for the purpose of
giving effect to the provisions of
this Act.
(2) An instrument made under
subsection (1) may provide for
breach of any provision therein, a
penalty of not less than 250
penalty units an not exceeding
1000 penalty units or imprisonment
for a term not exceeding 2 years
or both; and for a fine of not
less than 1000 penalty units for a
second and any subsequent offence
under the instrument.[As inserted
by the Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.5]
Section 19—Savings and
Transitional Provisions.
(1) Any timber right, concession
or lease granted under any
enactment and valid immediately
before the commencement of this
Act shall continue in force for a
period not exceeding 6 months from
the date of the coming into force
of this Act.
(2) Within 6 months from the
coming into force of this Act, the
holder of any such timber right,
concession or lease, may apply for
a timber utilization contract.
(3) On the application made under
subsection (2) the Evaluation
Committee shall evaluate the
application and shall submit its
report and recommendation to the
Commission in accordance with this
Act and regulations made under it
and the contract shall be made to
take effect after the expiry of 6
months.
(4) The Commission shall on the
receipt of the Evaluation
Committee's report under
subsection (3) recommend the entry
of a timber utilization contract
with the holder of the timber
right, concession or lease to the
Minister.
(5) The Minister shall on the
basis of the recommendation under
subsection (4) enter into a timber
utilization contract with the
holder of the timber right,
concession or lease.
Section 20—Interpretation.
(1) In this Act unless the context
otherwise requires—
"alienation holding" means any
land acquired by a person through
an outright sale of the land by
the owner;
"annual rent" means the fee levied
or paid per hectare per annum to
the owner or landlord for the
exercise of timber rights on his
piece of land as specified in the
contract;
"contract" means a timber
utilization contract entered into
under this Act;
"Commission" means the Forestry
Commission established under Act
453;
"Evaluation Committee" means the
Timber Rights Evaluation Committee
established under section 5 of
this Act;
"forest offence" means any offence
provided for by law in respect of
a forest, timber, trees or forest
produce;
"forest produce" includes the
following—
(a) timber, charcoal, rubber,
wood, oil, peat, resin and natural
varnish;
(b) trees and leaves, flowers and
fruit, and all other parts and
produce of trees not herein
mentioned;
(c) plants not being trees
(including grass, creepers, reeds
and moss) and all parts and
produce of such plants;
(d) wild animals and skins, tusks,
horns, bones, silk, honey, and wax
and all parts and produce of wild
animals;
"harvest" means to fell, cut,
collect or otherwise dispose of
timber from land to which this Act
applies;
"harvesting plan" means the
schedule of planned felling and
harvesting operations for an area
to which the contract relates
prepared by the holder of the
contract for a period of 5 years
in accordance with the Logging
Manual;
"holder" means a person to whom
timber rights have been granted
under this Act;
“Logging Manual" means a set of
rules intended to guide the
activities of persons who harvest
timber in the forest;
"Minister" means the Minister
responsible for Forestry;
“public land" includes any land
which immediately before the
coming into force of the 1992
Constitution, was vested in the
Government of Ghana on behalf of,
and in trust for the people of
Ghana, for the public service of
Ghana and any land acquired in the
public interest for the purpose of
the Government of Ghana before or
after that date;
"timber" includes standing, fallen
and felled trees, wood for
industrial purposes, logs,
sawnwood;
"timber rights" means the right to
harvest trees and extract timber
from a specified area of land
under a timber utilization
contract;
"timber utilization contract"
means a written agreement that
specifies the terms of timber
rights granted in respect of an
area of land for a fixed period of
time;
“stool land" includes any land or
interest in, or right over any
land controlled by a stool or
skin, the head of a particular
community or group for the benefit
of the subjects of that stool, the
members of that community or
group.
(2) The expression "timber
utilization contract" shall apply
with such modification as may be
necessary, to be certificate of
purchase, a permit or any other
authorisation for timber rights
approved by the Minister on the
recommendation of the
Commission.[As inserted by the
Timber Resources Management
(Amendment) Act, 2002 (Act 617),
s.6]
Section 21—Modification of Cap 136
and 157.
The Concessions Ordinance, Cap 136
and the Forests Ordinance, Cap 157
shall apply with such modification
as may be necessary to give effect
to the provisions of this Act.
Section 22—Repeals.
(1) The Concessions Act, 1962 (Act
124) other than sections 1 and 16
is hereby repealed.
(2) Sections 1 and 16 of Act 124
shall apply with modifications as
may be necessary to give effect to
the provisions of this Act.
(3) Notwithstanding the repeal
under subsection (1) of this
section any regulations made
thereunder and in force at the
commencement of this Act shall
subject to this Act continue in
force until revoked or otherwise
dealt with.
(4) The following instruments are
hereby revoked—
Timber Leases and Licenses
Regulations, 1962 (L.I. 229);
Timber Leases and Licenses
(Amendment) Regulations, 1963 (L.I.
282); and
Timber Leases and Licences
(Amendment) Regulations, 1979 (L.I.
1215).
Date of Gazette Notification: 18th
March, 1998.
amended by
FORESTRY COMMISSION ACT, 1999 (ACT
571).
TIMBER RESOURCES MANAGEMENT
(AMENDMENT) ACT, 2002 (ACT 617). |