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ARRANGEMENT OF REGULATIONS
PART IPROCEDURE FOR GRANT OF
TIMBER RIGHTS
Sub-part IIdentification of Land
Suitable for Grant of Timber
Rights
Regulation
1. Inventory of timber
2. Field inspection
3. Publication to obtain consent
4. Owners who consent
5. Objection by owner of land and
conflicting interest
6. Report of District Forest
Officer to the Regional Forest
Officer
7. Report of Regional Forest
Officer to Chief Conservator of
Forests
8. Conflict on use of public land
PART IIADVERTISEMENT FOR
APPLICANTS AND QUALIFICATION FOR
GRANT OF TIMBER UTILISATION
CONTRACTS
9. Advertisement
10. Application forms
11. Qualification of applicant
12. Evaluation
13. Selection and submission of
evaluation report
PART IIITERMS AND CONDITIONS OF
TIMBER UTILIZATION CONTRACT
14. Terms and conditions
15. Records inspection
PART IVPROCEDURE RELATING TO
TIMBER OPERATIONS
16. Logging manual
17. Harvesting Plans
18. Approved periods for timber
operations and transport of forest
produce
19. Timber produce inspection
officers
20. Marking and numbering of
trees, logs and timber products
PART VTIMBER STUMPAGE FEES AND
CONTRACT AREA RENT
21. Stumpage fee
22. Formula for stumpage fee
calculation
23. Measurement of timber
24. Conveyance certificate
25. Payment of stumpage
26. Payment for management
services
27. Payment of rent for contract
areas
PART VIREGISTRATION AND USE OF
CHAINSAWS
28. Registration of chainsaws by
District Assemblies
29. Registration of chainsaw at
District Forest Office
30. Timber registration number
31. Use of chainsaw to harvest
timber
32. Prohibition of use of chainsaw
to convert timber into lumber for
sale
33. Chainsaw users to mark stumps
34. Prohibition of landowners to
permit use of unregistered
chainsaw
35. Timber utilization permit
36. Supply to domestic market
37. Salvage and disposal of
abandoned timber products
38. Salvage of timber products
39. Disposal of residue of logs
40. Restricted timber species
41. Offences and penalties
42. Revocation
43. Interpretation
SCHEDULE
In exercise of the powers
conferred on the Minister
responsible for Forestry by
section 18 of the Timber Resources
Management Act, 1997 (Act 547) and
on the recommendation of the
Forestry Commission these
Regulations are made this 9th day
of November, 1998.
PART IPROCEDURE FOR GRANT OF
TIMBER RIGHTS
Sub-part IIdentification of Land
Suitable for Grant of Timber
Rights
Regulation 1Inventory of Timber
(1) The Chief Conservator of
Forests shall identify lands
suitable for grant of timber
utilization contracts.
(2) For the purpose of identifying
lands under subregulation (1), the
Chief Conservator of Forests shall
cause to be conducted by the
Forestry Department inventories of
forests and timber on public
lands, existing forest reserves,
stool lands and Such other lands
as he may determine.
(3) The Chief Conservator of
Forests shall for the purpose of
subregulation (1) issue directives
to such District Forest Officers
as he may determine to submit to
the Forestry Department a general
report on timber on public lands,
forest reserves, stool lands and
such other land as he may direct,
in their respective districts at
such times as he may direct.
(4) The inventories shall be
prepared by the District Forest
Officers in consultation with the
District Chief Executives of the
areas of the lands concerned.
(5) Where upon the completion of
an exercise under subregulations
(3) and (4), the Chief Conservator
of Forests is satisfied that the
inventories justify the grant of
timber rights in respect of any
land, the Chief Conservator of
Forests shall direct the District
Forest Officer of the district
concerned to initiate the conduct
of a detailed field inspection of
the land; except that there shall
be no inspection of any land which
is private or stool lands unless
the owners have been informed.
(6) The Chief Conservator of
Forests shall inform the relevant
District Chief Executive of the
directives to the District Forest
Officer to conduct the inspection.
Regulation 2Field Inspection
(1) The directives to conduct a
field inspection from the Chief
Conservator of Forests shall
require the District Forest
Officer to constitute in
consultation with the District
Chief Executive 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) the owners of the land or
their nominated representatives
not exceeding two persons and at
least one farmer, if any, who
farms on the land concerned.
(2) It shall be the responsibility
of the District Chief Executive to
help identify the owners and
farmers of land identified for
field inspection in his 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) Upon the conclusion of the
field inspection, a report on the
inspection shall be submitted by
the District Forestry Officer
through the Regional Forest
Officer, who may add his comments
thereon, to the Chief Conservator
of Forests.
(5) The Report of the team shall
include
(a) the boundaries,
specifications, and any
peculiarities of the land
including rivers, roads and
bridges if any; and
(b) topographic maps and plans of
the area inspected.
(6) Where upon the receipt and
consideration of a report of an
inspection team, the Chief
Conservator of Forests is
satisfied that the area concerned
should be proposed for the grant
of timber rights, the Chief
Conservator of Forests shall
notify the District Chief
Executive concerned of this and
direct the District Forest Officer
concerned to notify the people of
the area of the land that it is
proposed to grant timber rights in
respect of timber on the land.
Sub-part IIProcedure in Relation
to Lands other than Public Land
and Existing
Forest
Reserves
Regulation 3Publication to Obtain
Consent
(1) Where the land identified and
proposed by the Chief Conservator
of Forests 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 the
exercise.
(2) For the purpose of bringing
the proposal to grant timber
rights in respect of the land 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 the particulars and limits
of the area identified, that the
land is being considered for the
grant of timber rights and that
any person with ownership or other
interest in the land may notify
the District Forest Officer within
21 days of the date of the posting
of the notices of his interest.
(3) Any person who claims
ownership or other interest in the
land shall inform the District
Forest Officer in writing or
orally (which shall be reduced
into writing) of his interest
within the 21 days as specified in
the notices.
Regulation 4Owners who Consent
Where before the expiry of the 21
days specified in the notice for
owners to notify their interest,
an owner notifies his interest and
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 accept the
consent, submit a copy of the
written consent to the District
Chief Executive of the area and
submit a report including the
written consent of the owner
through the Regional Forest
Officer to the Chief Conservator
of Forests.
Regulation 5Objection by Owner of
Land and Conflicting Interest
(1) Where any person who claims
ownership or other interest in the
land objects to the grant of
timber rights on the land, or
conflicting claims of interest are
made in respect of ownership, the
matter shall be referred by the
District Forest Officer to a
committee composed as provided in
subregulation (2) for
examination.
(2) A committee for the purpose of
subregulation (1) shall consist of
a representative of the
Administrator of Stool Lands and
two representatives of the
District Assembly in whose
jurisdiction the land is situated
nominated by the Assembly and a
representative of the Traditional
Council of the area of the land in
issue nominated by the Traditional
Council.
(3) The chairman of the committee
shall be the representative of the
Traditional Council.
(4) No person shall sit on such a
committee if he has an interest in
the land in issue.
(5) The committee shall hear and
consider all statements and
information that may be offered in
support of the objection or claim.
(6) The proceedings of the
committee shall be informal but
shall be guided by natural
justice.
(7) The committee shall consider
and submit its report to the
District Forest Officer within 14
days of its composition.
(8) The District Forest Officer
shall on receipt of the report
submit a copy to the District
Chief Executive.
(9) The report of the committee
shall state whether the objection
is reasonable, and the committee
shall make such recommendations as
it considers necessary on any
conflicting claims.
(10) The District Forest Officer
shall on receipt of the report of
the committee forward the report,
and his comments and
recommendations, if any, to the
Regional Forest Officer.
Regulation 6Report of District
Forest Officer to the Regional
Forest Officer
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 if any;
(b) topographic maps and plans;
(c) the consent of the owners and
how obtained;
(d) objection and grounds of
objection where applicable; and
(e) resolution of any conflicting
interest, if any.
Regulation 7Report of Regional
Forest Officer to Chief
Conservator of Forests
(1) The Regional Forest Officer
shall on receipt of the report
from the District Forest Officer
satisfy himself of the maps, plans
and contents of the report.
(2) Where the Regional Forest
Officer is satisfied with the
accuracy of the report, he shall
submit it together with such
comments and recommendations as he
considers necessary to the Chief
Conservator of Forests.
(3) Where a report submitted to
the Chief Conservator of Forests
indicates conflicting claims to
the identified land or a refusal
to consent by the owners, no
timber utilization contracts shall
be granted in respect of the land
unless the conflict or refusal is
first settled and a written
consent obtained.
(4) Except in respect of forest
reserves and public lands, no
stool land or private land shall
be given out under a timber
utilization contract without the
written consent of the owners.
Regulation 8Conflict on use of
Public Land
Where any public land identified
as suitable for the grant of
timber rights and endorsed by the
Chief Conservator of Forests is
also identified by any other state
institution to be suitable for
some other national purpose, the
matter shall be resolved by the
Minister and any other Minister
concerned.
PART IIADVERTISEMENT FOR
APPLICANTS AND QUALIFICATION FOR
GRANT OF TIMBER UTILISATION
CONTRACTS
Regulation 9Advertisement
(1) Where it has been determined
to grant timber rights in an
identified area, and after the
consent of the owners, where
applicable, has been obtained, the
Chief Conservator of Forests shall
publish in the Lands Concession
Bulletin and by at least two
insertions in national daily
newspapers an advertisement
inviting applicants for the grant
of timber rights.
(2) The advertisement shall
provide such information as the
Chief Conservator of Forests shall
determine and shall include
(a) the exact location of the
area;
(b) the scale of the operation,
including the size of the area in
accordance with Schedule 1 of
these Regulations;
(c) the estimated annual yield;
(d) sustainable management
conditions relevant to the
contract; and
(e) the place and date for
submission of applications.
(3) Any interested person has the
right to verify the information
contained in the advertisement at
the Forestry Department and may
also arrange to inspect the land
advertised or published.
Regulation 10Application Forms
(1) An applicant shall obtain an
application form for completion
from the Forestry Department upon
payment of such fee as the
Minister in consultation with the
Forestry Commission may
determine.
(2) Information provided by an
applicant shall be treated as
confidential and shall correspond
to details of the advertisement.
(3) An applicant shall complete
separate application forms for
each area of land applied for.
(4) On completion of an
application form, the applicant
shall submit it together with such
other documents as the Chief
Conservator of Forests shall
determine to the Forestry
Commission through the Chief
Administrator of the Commission.
Regulation 11Qualification of
Applicant
An applicant for timber rights
shall submit with the application
(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
forest levies where applicable;
(c) income tax and social
security clearance certificates;
(d) an undertaking
(i)
to provide specific social
amenities for the benefit of the
local communities that live in the
proposed contract area; and
(ii) for the reforestation or
afforestation in any area that the
Chief Conservator of Forests may
approve; and
(c) evidence of capability to
undertake reduced impact logging.
Regulation 12Evaluation
(1) The Timber Rights Evaluation
Committee established under
section 5 of the Act shall
evaluate applications for the
grant of timber rights.
(2) The Timber Rights Evaluation
Committee referred to in these
Regulations as "the Evaluation
Committee" shall in its evaluation
take into account the following
(a) whether the applicant has
properly completed the form with
the requisite information and
attached the necessary
documentation which shall include
(i)
a topographic map of the proposed
contract area which indicates a
proposed schedule of felling; and
(ii) a brief description of the
nature of proposed timber
operations, with log production or
conversion objectives and
indications of proposed extraction
routes;
(b) whether the applicant intends
to undertake any log production
venture that may involve saw
mills, wood-based panel plants and
pulp and paper industry,
specifying the number of qualified
forest workers with competence in
logging and other technical staff
;
(c) the qualifications and
competence of the applicant's
timber operations staff, the
manager of which shall be a
professional forester;
(d) the timber production and
operation record of the applicant,
if any;
(e) the previous timber rights
held, if any, by the applicant;
and
(f) details of the proposed
harvesting plan.
(3) The Evaluation Committee shall
in its evaluation also consider
(a) the technical and financial
capability of the applicant to
carry out timber operations in the
proposed contract area;
(b) an assessment of the likely
environmental effect of the
proposed timber operations to be
carried out by the applicant and
the applicant's ability to redress
the environmental effects;
(c) a fire protection plan;
(d) projections of timber
production, income and expenditure
on timber operations in the
specified area;
(e) adequate and suitable road and
logging equipment and processing
facilities where applicable;
(f) proposals for security
measures against illegal
operations and encroachment on
the contract area; and
(g) a plan for the disposal of
logging or milling residues.
(4) Points shall be awarded for
each aspect of the evaluation for
the purpose of assessment.
Regulation 13Selection and
Submission of Evaluation Report
(1) On the basis of the
evaluation, the Evaluation
Committee, shall invite the
applicants that score above a
level determined by the Evaluation
Committee to submit proposals on
(a) a reforestation or
afforestation plan for the
establishment and management of
forest plantations of at least 10
hectares for each square kilometre
of the contract area; and
(b) a social responsibility
agreement to assist inhabitants
within the contract area with Such
amenities as shall be specified in
the agreement at a cost of not
more than 5% of the annual royalty
accruing from the operations under
the timber utilization contract.
(2) The Evaluation Committee shall
assess the proposals and recommend
the award of the contract to the
highest scoring applicant.
(3) The Chairman of the Evaluation
Committee shall submit the
Committee's detailed evaluation
report to the Commission within 42
days of receipt of the
application.
(4) The Commission shall within 30
days of receipt of the evaluation
report submit the report and its
recommendations thereon to the
Minister.
PART IIITERMS AND CONDITIONS OF
TIMBER UTILIZATION CONTRACT
Regulation 14Terms and Conditions
(1) A timber utilization contract
entered into for the purposes of
section 7(2) of the Act shall be
in such form as the
Attorney-General shall determine
and shall provide for 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 contract to adhere to any
prescriptions laid down by the
Forestry Department;
(d) an undertaking by the holder
to execute a reforestation plan
during the period of the contract
to the satisfaction of the Chief
Conservator of Forest;
(e) provision for prompt payment
of royalties, compensation and
forest management service charges;
(f) payment of annual rent for
the contract to the landowner;
(g) periodic review of the timber
operations by the Forestry
Department;
(h) Submission of a harvesting
plan every five years;
(i)
grounds for suspension or
termination;
(j) an undertaking by the holder
to supply such information as may
be requested by the Chief
Conservator of Forests for the
purpose of monitoring the relevant
timber operations and preparation
of annual and other reports;
(k) such insurance coverage as is
necessary to protect the Forestry
Department in respect of claims
for loss or damage;
(l) an undertaking by the holder
to provide social facilities and
amenities for the inhabitants of
the contract area;
(m) a requirement for the holder
to have at all times in respect of
his operations a manager who shall
be a professional forester.
(2) A successful applicant shall
be notified by the Minister of the
decision to grant him timber
rights in the form of a timber
utilization contract and shall
request the applicant to submit a
performance bond which undertakes
the satisfactory implementation of
the contract terms, the
reforestation or afforestation
plan and the provision of such
social amenities as are agreed
upon in writing and signed with
the representatives of the
inhabitant of the area of the land
in respect of which the
application was made.
(3) The District Forest Officer
shall monitor within his district
the exercise of timber rights to
ensure compliance with the terms
and conditions attached thereto.
(4) The timber rights and
operations related to the exercise
of those rights shall be subject
to periodic technical audits by
tile Forestry Department.
Regulation 15Records Inspection
(1) An official inspector of the
Forestry Commission, the Forest
Products Inspection Bureau or the
Forestry Department may at any
reasonable time upon production of
his authority to any timber
operator, processor or seller,
enter any contract area for timber
operations or such other area as
the Minister may direct to inspect
the records of the timber
operator, processor or seller to
(a) verify the ownership and
source of any timber product
there;
(b) ensure that any timber
produced, processed or sold is in
accordance with the provisions of
the Act and these Regulations.
(2) A timber operator, processor
or seller shall not obstruct any
authorised person appointed by the
Forestry Commission, the Forest
Products Inspection Bureau or the
Forestry Department in the
exercise of his duties.
PART IVPROCEDURE RELATING TO
TIMBER OPERATIONS
Regulation 16Logging Manual
(1) The Forestry Department shall
in accordance with the advice of
the Forestry Commission issue a
Logging Manual under these
Regulations.
(2) The Logging Manual shall be a
code of practice for timber
utilization contract operations
and shall be subject to periodic
revision.
Regulation 17Harvesting Plan
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.
Regulation 18Approved Periods for
Timber Operations and Transport of
Forest Produce
(1) No person shall 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
unless otherwise permitted by the
Chief Conservator of Forests on an
application to him for the
purpose.
(2) Notwithstanding subregulation
(1) of this regulation, a person
may out timber operations or
transport timber outside the
prescribed time under
subregulation (1) if he obtains
authorisation to do so from the
Chief Conservator of Forests.
(3) An authorisation under
subregulation (2) shall be subject
to such conditions as the Chief
Conservator of Forests may
determine.
Regulation 19Timber Produce
Inspection Officers
The Chief Conservator of Forests
or the Chief Executive of the
Forests Products Inspection Bureau
may assign any official inspector
to conduct special surveillance
against illegal timber
operations.
Regulation 20Marking and
Numbering of Trees, Logs and
Timber Products
(1) The Forestry Department 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) Any 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) Any person found in possession
of any timber product that is not
properly marked or numbered or
without the requisite
documentation commits an offence.
PART VTIMBER STUMPAGE FEES AND
CONTRACT AREA RENT
Regulation 21Stumpage fee
(1) A holder of a timber
utilization contract who harvests
timber of the species listed in
Schedule 2 to these Regulations
shall pay the stumpage fee at the
rate specified in that Schedule in
relation to the species.
(2) For the purpose of the Act and
these Regulations, stumpage fee
represents royalties to the
landowner and charges for the cost
of felled timber which provide a
basic return to the landowner and
contributes to the cost of forest
management and timber regulation.
(3) The Chief Conservator of
Forests shall determine the
stumpage rate of any species not
specified in Schedule 2 in
consultation with the
Administrator of Stool Lands and
the Forestry Commission having
regard to the market demand and
inventory levels of the species.
Regulation 22Formula for Stumpage
Fee Calculation
(1) A District Forest Officer
shall prepare an estimate of the
stumpage fee payable for timber to
be harvested and shall send an
invoice to the contractor which
shall be copied to the Regional
Stool Lands Officer, the Regional
Forest Officer and the Chief
Conservator of Forests.
(2) For the purpose of calculating
the stumpage fee payable in
respect of any timber, the formula
provided in Schedule 3 shall be
applied.
Regulation 23Measurement of
Timber
(1) The measurement of the volume
of timber shall be taken by a
District Forest Officer within 48
hours of the felling of the tree.
(2) Upon the taking of the
measurement of timber there shall
be issued in respect of it a tree
information form stating the
measurement of the timber.
(3) No timber shall be lifted from
its stump unless its measurements
are taken and the actual stumpage
fee payable in respect of it has
been calculated by the District
Forest Officer according to the
formula set out in Schedule 3 in
the presence of the landowner and
the contractor or their
representatives.
Regulation 24Conveyance
Certificate
(1) No timber shall be transferred
or moved from any forest area
unless there is carried with it a
timber conveyance certificate.
(2) No Conveyance certificate
shall be issued for any lumber
produced by chain saw.
(3) A timber Conveyance
certificate is issuable only by an
officer of the Forestry Department
not below the rank of a Senior
Technical Officer and may only be
issued on an application from the
contractor.
Regulation 25Payment of Stumpage
(1) A person harvesting timber
under a timber utilization
contract shall pay the stumpage
fee in respect of the harvested
timber within 30 days of biling,
after which there will be a charge
of interest at the prevailing
commercial bank rate on any
outstanding payment.
(2) The District Forest Officer
shall furnish the Regional Stool
Lands Officer with copies of all
such bills
(3) Where any payment under
subregulation (1) is in respect of
stool lands, the revenue shall be
collected by the Administrator of
Stool Lands to be deposited in the
relevant stool lands account.
Regulation 26Payment for
Management Services
(1) There shall be paid to the
Forestry Department for timber
management services, such amounts
as shall be determined by the
Minister in consultation with the
Forestry Commission, Forestry
Department and the Administrator
of Stool Lands in respect of stool
lands.
(2) Revenue derived from timber on
private land with the consent of
the owner shall be distributed in
such proportions as shall be
agreed upon by the Forestry
Department and the owner.
Regulation 27Payment of Rent for
Contract Areas
The holder of a timber utilization
contract shall pay for his
contract area rent as provided in
Schedule 4 to these Regulations to
the Administrator of Stool Lands
in the case of stool lands and in
any other case to the owner of the
land.
PART VIREGISTRATION AND USE OF
CHAINSAWS
Regulation 28Registration of
Chainsaws by District Assemblies
(1) Every person who owns a
chainsaw shall apply to the
District Assembly of the area
where he resides for the
registration by the District
Assembly of the chainsaw.
(2) The application shall be made
to the District Assembly within 14
days of the acquisition of the
chainsaw.
(3) An applicant seeking
registration of a chainsaw shall
complete Form A set out in
Schedule 5 to these Regulations.
(4) Upon the receipt of the
application and inspection of the
chainsaw, the District Assembly
shall where satisfied register
the chainsaw and issue to the
applicant a licence in respect of
the chainsaw.
(5) The licence shall be in such
form as the District Assembly
shall determine and shall be valid
for a period of one year and may
be renewed.
(6) An applicant shall pay such
fee as may be determined by the
District Assembly for the licence
and renewal of the licence.
Regulation 29Registration of
Chainsaw at District Forest Office
(1) A chainsaw registered with the
District Assembly shall also be
registered with the District
Forest Office of the district
concerned where it is intended to
be used to fell trees.
(2) An application for
registration at the District
Forest Office shall be made at the
same time as the application to
the District Assembly.
(3) The application under this
regulation shall be made by
completing Form B set out in
Schedule 5 to these Regulations.
(4) The District Forest Officer
shall where an application has
been submitted under this
regulation inspect the chainsaw
and register it giving a
registration number in respect of
the chainsaw.
(5) No payment shall be made for
the registration of a chainsaw at
a District Forest Office.
Regulation 30Timber Registration
Number
Upon the registration of a
chainsaw at the District Forest
Office there shall be allocated to
the registered chainsaw a timber
registration number.
Regulation 31Use of Chainsaw to
Harvest Timber
No person shall use a chainsaw for
felling or converting timber
unless the chainsaw has been
registered with the District
Forest Office in accordance with
regulation 30.
Regulation 32Prohibition of use
of Chainsaw to Convert Timber into
Lumber for Sale
(1) No person shall use a chainsaw
whether registered or
unregistered, to convert timber
into lumber or other forest
products for sale, exchange or any
commercial purpose.
(2) No person shall sell or buy
timber products to which
subregulation (1) applies.
Regulation 33Chainsaw users to
Mark Stumps
(1) Where a person uses a chainsaw
to fell any tree he shall mark the
stump of the tree with his timber
registration number.
(2) Where more than one tree is
felled, the marking shall be made
serially.
Regulation 34Prohibition of
Landowners to Permit use of
Unregistered Chainsaw
No landowner shall permit any
person to use an unregistered
chainsaw for felling a tree or
sawing timber on his land.
Regulation 35Timber Utilization
Permit
(1) The Chief Conservator of
Forests may on an application by a
District Assembly, town committee,
any rural community group or a
non-governmental organisation and
Subject to Such conditions as the
Forestry Commission may determine
issue a timber utilization permit
to the applicant.
(2) A timber utilization permit
shall be issued exclusively for
harvesting a specified number of
trees in an area of land not
subject to a timber utilization
contract.
(3) Any 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 exchanged.
Regulation 36Supply to Domestic
Market
The Minister in consultation with
the Forestry Commission may by
publication in the Lands and
Commercial Bulletin and in the
mass media direct such holders of
timber utilization contracts as he
may determine to supply the
domestic market with timber
products of specified volume,
dimensions and species.
Regulation 37Salvage and Disposal
of Abandoned Timber Products
(1) The Chief Conservator of
Forests or any person being a
public officer authorised as an
inspection officer may seize and
dispose of any marked or unmarked
abandoned timber.
(2) Any seized timber shall be
labelled by the authorised
inspection officer who seized it
and he shall report the seizure to
the nearest Forestry Department
Office within 24 hours of the
seizure for investigation.
(3) A marked abandoned timber
seized shall not be disposed of by
a timber inspection officer unless
a notice of 14 days has been given
in the locality of the area where
it was seized of the intention to
sell.
(4) Subject to subregulation (3)
where the owner of a marked seized
timber is not identified, the
seized timber shall be sold and
the proceeds of the sale shall be
deposited in such account as the
Minister in consultation with the
Forestry Commission may determine
to support community activities
beneficial to forest and timber
conservation and to defray
expenses of timber resource
management.
(5) The Chief Conservator of
Forests may for the purpose of
disposal of seized timber under
this regulation, permit the
removal of the timber by a logging
contractor or timber processing
company registered with the Forest
Products Inspection Bureau.
(6) Sale of seized timber shall
only be made after notice to the
local police to secure public
peace.
Regulation 38Salvage of Timber
Products
(1) The Chief Conservator of
Forests may upon application and
subject to the approval of the
Forestry Commission issue a permit
subject to such terms and
conditions as shall be specified
therein for the salvage of trees
from an area of land undergoing
development such as road
construction, expansion of human
settlement or Cultivation of
farms.
(2) A permit under subregulation
(1) of this regulation shall not
be issued in respect of land under
a timber utilization contract.
Regulation 39Disposal of Residue
of Logs
Where a contractor's operation
ceases, or the contractor's
operations have lapsed the Chief
Conservator of Forests with the
approval of the Forestry
Commission may dispose of any
standing timber or logs left over
from the operations, and offcuts
and branches shall be disposed of
as raw wood material for the
benefit of the inhabitants of the
contract area.
Regulation 40Restricted Timber
Species
(1) The species of timber
specified in Schedule 6 to these
Regulations shall not be felled
except under a special permit
issued by the Chief Conservator of
Forests with the approval of the
Forestry Commission.
(2) A person who contravenes
subregulation (1) commits an
offence.
Regulation 41Offences and
Penalties
(1) Any person who
(a) obstructs an authorised person
of the Forest Products Inspection
Bureau or the Forestry Department
in the exercise of his duties
contrary to subregulation (2) of
regulation 15; or
(b) is found in possession of any
timber product that is not
properly marked or numbered
contrary to subregulation (3) of
regulation 20; or
(c) is found moving or in
possession of any timber without a
conveyance certificate in respect
of the product contrary to
subregulation (1) of regulation
24; or
(d) being the owner of a chainsaw
fails to register the chainsaw
with the relevant District
Assembly contrary to regulation
28(1);
(e) uses a chainsaw not
registered with the District
Forest Officer to fell any tree or
saw any timber contrary to
regulation 29(1);
(f) fails to mark the stump of a
tree he fells with the timber
registration number contrary to
regulation 33;
(g) sells or offers for sale
lumber cut with a chainsaw
contrary to regulation 32 (2);
(h) being a landowner permits an
unregistered chainsaw to be used
on his land for felling trees or
sawing timber contrary to
regulation 34;
(i)
fells or is found in possession of
a restricted species of timber
contrary to subregulation (1) of
regulation 40,
commits an offence and is liable
on summary conviction to a fine
not exceeding ’5 million or to
imprisonment for a term not
exceeding twelve months or to
both, and where the offence
continues to a fine not exceeding
’100,000.00 for every day or part
of a day during which the offence
continues.
(2) Where a person fells any tree
or saws any timber with an
unregistered chainsaw the court
shall, in addition to the
punishment imposed under
sub-regulation (1) of this
regulation order that the chainsaw
or the tree or timber products in
respect of which the offence was
committed be forfeited and
disposed of as the court may
direct.
(3) Any officer who
(a) declares a false measurement
of timber contrary to
subregulation (1) of regulation
23; or
(b) falsely calculates stumpage
fees; or
(c) assists a contractor to
underdeclare tree volumes used in
the calculation of stumpage fees;
commits an offence and is liable
on summary conviction to a fine
not exceeding ’5 million or
imprisonment for a term not
exceeding 12 months and shall be
liable to be dismissed from the
public services.
Regulation 42Revocation
The following Instruments are
hereby revoked
Forest Fees Regulations, 1976 (L.I.
1098);
Forest Fees (Amendment)
Regulations, 1983 (L.I. 1275);
Forest Fees (Amendment)
Regulations, 1986 (Commencement)
Instrument, 1986 (L.I. 1326);
Forest Fees (Amendment)
Regulations, 1993 (L.I. 1576);
Trees and Timber (Chainsaw
Operations) Regulations, 1991 (L.I.
1518);
Trees and Timber (Measurement)
Regulations, 1958 (L.N. 388);
Trees and Timber (Control of
Measurements) Regulations, 1960 (L.I.
23);
Trees and Timber (Measurements)
(Amendment) Regulations, 1961 (L.I.
141);
Timber Royalties Regulations, 1965
(L.I. 495);
Forest Fees Regulations, 1976 (L.I.
1089);
Trees and Timber (Control of
Measurement) (Amendment)
Regulation 1976 (L.I. 1090);
Trees and Timber (Control of
Measurement) (Amendment)
Regulations, 1983 (L.I. 1279).
Regulation 43Interpretation
In these Regulations unless the
context otherwise requires
Act means the Timber Resources
Management Act, (Act 547);
Contract area means an area of
Land in respect of which a timber
utilization contract has been
granted ;
Commission means Forestry
Commission ;
Harvest means to fell, cut,
convert, collect or otherwise
dispose of timber from land to
which these Regulation apply;
Holder has the same meaning as
provided in the 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;
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 ;
Schedule means a Schedule to
these Regulations.
SCHEDULES
SCHEDULE 1
Regulation 9(2) (b)
SCALE OF TIMBER OPERATIONS
Category of
operation
Size of contract area
Small
scale
Not exceeding 20km² non-forest
reserve areas only.
Medium
scale
More than 20km² but not exceeding
125km² on forest reserves and
non-forest reserve areas.
Large scale
More than 125 Km² on forest
reserves only.
SCHEDULE 2
(Regulation 21 (1))
STUMPAGE RATES
TRADE NAME LOCAL
NAME SCIENTIFIC
NAME STUMPAGE RATE
High Demand
Depleted Species
Class 1
20%
African Walnut
Dubini-Biri
Lovoa trichiloides
Afrormosia
Kokrodua
Pericopsis elata
Aningeria
Asanfina
Aningeria altissima/robusta
Black Hyedua
Hyeduanini
Guibourtia ehie
Candollei
Omu
Entandophragma candollei
Iroko
Odum
Milicia excelsa/regia
Mahogany
Krumben/Odupon/Dubin Khaya spp.
Makore
Baku/Makore
Tieghemella heckelii
Opepe
Kusia
Nauclea diderrichii
Sapele
Penkwa
Entandophragma clindricum
Utile
Efuobrodedwo
Entandophragma
utile
Moderate Demand Available
Species Class 2
10%
Afara
Ofram
Terminalia superba
Afzelia
Papao
Afzelia africana/bella
Albizzia
Awiemfo Samina/Okoro Albizzia
ferruginea
Bonsandua Ayan
Distemonanthus benthamianus
Avodire
Apapaye Turreanthus
africanus
Bombax
Onyina-Koben
Rhodognaphalo brevicuspe
Canarium
Bediwonua
Canarium schweinfurthii
Ceiba
Onyina
Ceiba pentandra
Ekki
Kaku
Lophira alata
Gedu-Norhor
Edinam
Entandophragma angolense
Idigbo
Emeri
Terminalia ivorensis
Mansonia
Oprono
Mansonia altissima
Obeche
Wawa
Triplochiton scleroxylon
Ogea/Daniella
Shyedua
Daniella ogea/thurifera
Pterygota
Kyere/Koto
Pterygota macrocarpa
Antrocaryon
Aprokuma
Antrocaryon micraster
Guarea
Kwabohoro/Kwadwuma Guarea spp.
Longhi (Blanc) Akasa
Chrysophyllum albidum
Niangon Nyankom
Heritiera utilis
Low Demand
Abundant Species Class 3
5%
Celtis
Esa
Celtis mildraedii/zenkeri
Danta
Danta
Neosogordonia papaverifera
llomba
Otie
Pycanthus angolensis
Missanda
Potrodum
Erythronphleum guineense
Okan
Denya
Cylicodiscus gabonensis
Sterculia
Wawabima
Sterculia rhinopetala
Wonton
Wonton
Morus mesozygia
Antiaris Checnchen
Antiaris africana
Dahoma Dahoma
Piptadeniastruni
africanum
Other
species
SCHEDULE 3
(Regulation 22 (2))
Formula for Calculation of
Stumpage Fee
Stumpage fee = Tree volume x
Timber price x Stumpage rate,
where, Tree volume is computed in
cubic metres according to the
measurements taken of each tree
felled, using Smalians Formula as
follows-
Smalian's formular:
V =
kL [(db1 + db2(²) + (dtl + dt2 [²]
where V = the
volume of the log,
k =
the constant 0.098,
L =
the length of the log,
db1,db2 = the
first and second diameters at the
base end, measured at
right-angles to each other,
dt1,dt2 = the
first and second diameters at the
top end, measured at right-angles
to each other.
Timber price is 35% of the
free-on-board (FOB) value of
air-dried lumber of the species
(i.e. estimated roundwood
equivalent), based on the previous
quarter's average of such exports
as published from time to time by
the Forest Products Inspection
Bureau,
Stumpage rate for each timber
species is the percentage
specified in Schedule 3 of these
Regulations.
SCHEDULE 4
(Regulation 27)
Contract Area Rent
(a) Timber utilization contract
areas on forest reserves: 1,200
cedis per hectare per
annum
(b) Timber utilization contract
areas Outside forest reserves:
1,000 cedis per hectare per
annum
SCHEDULE 5
(Regulation 28 (3))
APPLICATION FORM A
For Registration of Chainsaw by
District Assembly
1. Full name of applicant
..
.
2. Address of applicant
..
..
Residential
............................................
Postal
........................................
3. Occupation of applicant
.................................................................................................
4. Description and make of
chainsaw
..
..
5. Manufacturer's serial number
..
.
6. District Registration Number
..........................................................................................
7. Previous Timber Registration
Number (if
applicable)
...
8. Name and address of chainsaw
vendor
.....................................................................
................................................................................................................................................
9. Date acquired by applicant
...
.
10. Serial numbers of other
chainsaws owned by the applicant
..........................................
................................................................................................................................................
11. Purpose for which the
applicant intends to use the
chainsaw
.
...
12. Forest District and location
of proposed use
..
Signature of Applicant
......
Date of Application
.........
APPLICATION FORM B
(Regulation 29(3))
To Register a Chainsaw for use in
Timber Operations
1. Full name of applicant
..
..
2. Address of applicant
.....................
Residential
..................................
......
Postal
.................................................
3. Occupation of applicant
:
...
...
4. Description and make of
chainsaw:
..............
...
5. Manufacturer's serial number:
....
...
6. District Registration
Number:
................
...
7. Previous Timber Registration
Number (if applicable)
8. Name and address of chainsaw
vendor
.........................................................................
................................................................................................................................................
9. Date acquired by applicant
10. Serial numbers of other
chainsaws owned by the applicant
.........................................
................................................................................................................................................
11. Purpose for which the
applicant intends to use the
chainsaw
.
12. Forest District and location
of proposed use
Signature of Applicant
...............................
Date of Application
........
SCHEDULE 6
(Regulation 40(1))
Restricted Timber Species
LOCAL NAME
TRADE
NAME
BOTANICAL NAME
Edinam
Penkwa
Efobrodedwo
Penkwa-Akoa
Krumben
Dubini
Odum
Kusia
Baku
Hyedua
Kokrodua
Gedu-Nohor
Sapele
Utile
Candollei
Mahogany
Mahogany
Iroko
Opepe
Makore
Black Hyedua
Afrormosia
Entandophragma angolense
E. cylindricum
E. utile
E. candollei
Khaya anthotheca/grandifolia
K. ivorensis
Milicia excelsa/regia
Nauclea diderrichii
Tieghmella heckelii
Guibourtia ehie
Pericopsis elata
CLETUS A. AVOKA
Minister for Lands and Forestry
Date of Gazette Notification: 10th
November, 1998.
Entry into force: 16th December,
1998 |
