|
TREES AND TIMBER DECREE, 1974 (NRCD
273)
As amended
ARRANGEMENT OF SECTIONS
Section
PART I—PROPERTY MARKS
1. Locality marks
2. Felling of trees for export
3. Export of logs
4. Registration of property marks
5. Refusal and cancellation of
marks
6. Marking of stump and logs
7. Production of certificate
8. Logs not duly marked
9. Transfer, etc. of property mark
10. Stump to be shown
11. Offences
PART II—PROTECTED AREAS
12. Protected areas
13. Farming in protected areas
14. Offences in protected area
15. Control of protected area
15A. Imposition of export levy on
unprocessed and processed timber.
15B. Assessment of levy.
15C. Offence and penalty.
PART III—GENERAL
16. Arrest of offenders
17. Regulations
18. Interpretation
19. Repeals and saving
SCHEDULES
First Schedule—Unprocessed timber
Second Schedule—Processed timber
(air dried)
In pursuance of the National
Redemption Council (Establishment)
Proclamation, 1972 this Decree is
hereby made:
PART I—PROPERTY MARKS
Section 1—Locality Marks.
(1) The Chief Conservator of
Forests shall divide Ghana into
such areas as he thinks fit, and
shall allot to each area a
distinctive mark to be known as a
locality mark.
(2) The Chief Conservator of
Forests shall keep at his office a
record of each area and the
locality marks allotted, which
shall be open to public inspection
without charge during office
hours.
Section 2—Felling of Trees for
Export.
No person shall cut or fell any
growing tree for export in log
form or for conversion in a mill
unless he has first registered a
property mark at the office of the
Chief Conservator of Forests,
endorsed for the locality in which
he proposes to cut or fell.
Section 3—Export of Logs.
No person shall export any log
unless it is marked with the
cutter's property mark registered
at the office of the Chief
Conservator of Forests.
Section 4—Registration of Property
Marks.
(1) An application to register a
property mark shall be made in
writing to the Chief Conservator
of Forests stating the name and
address of the applicant, the
proposed property mark, the area
within which the applicant
proposes to cut trees for export
or for conversion in a mill and
the locality mark.
(2) If the Chief Conservator of
Forests approves a proposed
property mark, he shall, on
payment by the applicant of a
registration fee of
["¢400,000.00";] register it in a
Register of Property Marks to be
kept for the purpose. [As Amended
by the Trees and Timber
(Amendment) Act, 1994 (Act 493) s.
1 (a)].
"(3) A registered property mark
shall expire after a period of six
months from the date of issue and
is renewable after every six
months.
(4) Application for renewal shall
be made within one month after the
expiration of the registration or
renewal as the case may be and
there shall be payable for a
renewal of registration a fee of
¢200,000.00.
(4a) Where a registered property
mark is not renewed within the
period specified under sub-section
(4) any application thereafter for
the registration shall be
considered to be an application
for new registration. [As Inserted
by the Trees and Timber
(Amendment) Act, 19944 (Act 493)
s. 1 (b)]
(5) On registering a property mark
the Chief Conservator of Forests
shall give the applicant a
certificate of registration; and
on renewal of registration he
shall issue to the applicant a new
certificate endorsed with the
renewal.
Section 5—Refusal and Cancellation
of Marks.
(1) The Chief Conservator of
Forests may in his discretion
refuse to register a property
mark, or cancel the registration
of a property mark.
(2) Any person aggrieved by a
refusal to register or
cancellation of the registration
of a property mark may appeal in
writing to the Commissioner within
thirty days after such refusal or
cancellation, and the Commissioner
may, if he thinks fit, direct the
property mark to be registered or
restored to the register, as the
case may be.
Section 6—Marking of Stump and
Logs.
(1) Every person who cuts or fells
a growing tree for export in log
form or for conversion in a mill
shall as soon as possible mark
clearly with white waterproof
paint or a deep-cutting scribe:
(a) the stump thereof with his
registered property mark and with
a number (to be known as the stump
number);
(b) each of the logs therefrom at
both ends with the locality mark
of the area in which the tree is
situated, his registered property
mark, the number of the tree, and
a log number (hereinafter referred
to as "the log number").
(2) Stump numbers shall run
consecutively from number 1,
number 1 being applicable to the
first tree felled for export or
for conversion in a mill by any
person after he has registered his
property mark.
(3) Log numbers shall run
consecutively from number 1
upwards, the butt log being
numbered 1.
(4) Letters and figures comprising
marks made in pursuance of this
section shall in all cases be not
less than 2½ inches in height and,
except in the case of scribed
marks, not less than ½ inch in
width.
Section 7—Production of
Certificate.
Any person who fells or cuts a
growing tree for export in log
form or for conversion in a mill
shall, on demand, produce the
certificate of registration of his
property mark to any police
officer or Forest Officer.
Section 8—Logs not Duly Marked.
No person shall buy, sell, export,
or be in possession of any log
which is not duly marked in
accordance with the provisions of
this Part.
Section 9—Transfer, Etc. of
Property Mark.
No person shall, without the
permission of the Chief
Conservator of Forests, loan,
borrow or otherwise transfer or
obtain any registered property
mark to the use of which he is not
entitled.
Section 10—Stump to be Shown.
Every person having a registered
property mark shall on demand show
to any police officer or Forest
Officer the stump of any tree
felled by him for export in log
form or for conversion in a mill
or give such information as will
enable him to find such stump
without difficulty.
Section 11—Offences.
(1) Any person who contravenes or
fails to comply with any of the
foregoing provisions of this
Decree shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
"¢5,000,000.00" or to imprisonment
not exceeding five years or to
both. [As Amended by the Trees and
Timber (Amendment) Act, 1994 (Act
493) s. 2].
(2) When a stump or log has been
marked with a registered property
mark, the onus of proof that it
has been marked in accordance with
this Part shall be on the
registered holder of the property
mark.
(3) Where any person is convicted
of an offence under subsection (1)
of this section the court may in
addition to the punishment imposed
order that the whole or any part
of the trees or timber in respect
of which the offence was committed
shall be forfeited and disposed of
as the court may direct, and may
order that any licence or permit
held under this Decree or the
regulations by the person
convicted shall be forfeited.
(4) Where any person is convicted
of an offence under subsection (1)
of this section the Chief
Conservator of Forests may cancel
the registration of any property
mark allotted to him.
PART II—PROTECTED AREAS
Section 12—Protected Areas.
(1) To prevent the waste of trees
or timber in any area outside a
Forest Reserve, the Commissioner
may by executive instrument
declare any area (other than a
Forest Reserve) which consists
wholly or mainly of standing trees
or timber to be a protected area
with effect from a date four weeks
after the publication of the
instrument or such later date as
may be specified in the
instrument.
(2) The Commissioner shall keep
each protected area under review
and if it appears to him that the
control exercisable under this
Part can conveniently be withdrawn
from any part of a protected area
the Commissioner shall revoke the
instrument as respects that part
of the protected area and that
part shall accordingly cease to be
a protected area.
Section 13—Farming in Protected
Area.
On the making of an instrument
under section 12 any person
engaged in farming in the
protected area shall give written
notice of that fact to the
Commissioner, who if satisfied
that the notice is correct shall
grant a licence authorising him to
continue farming within the area
specified in the notice subject to
any conditions imposed by the
Commissioner in the interest of
the protected area.
Section 14—Offences in Protected
Area.
Any person who is not exercising
rights under a concession and who
in any protected area without the
consent of the Commissioner—
(a) fells, uproots, lops, girdles,
taps, injures by fire or otherwise
damages any tree or timber; or
(b) makes or cultivates any farm
or erects any building; or
(c) sets fire to any grass or
herbage, or kindles a fire without
taking due precautions to prevent
its spread,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding ¢5,000,000.00
or to imprisonment not exceeding
five years or to both. [As Amended
by the Trees and Timber
(Amendment) Act, 1994 (Act 493) s.
3].
Section 15—Control of Protected
Area.
The Commissioner may by
legislative instrument make
regulations:—
(a) imposing duties on persons who
hold concessions in a protected
area;
(b) for permitting farming in
protected areas;
(c) for the appointment of forest
guards; and
(d) for the payment of fees by
holders of concessions, and for
applying any part of such fees
towards the expense of guarding
protected areas.
PART IIA—EXPORT LEVY
Section 15A—Imposition of Export
Levy on Unprocessed and Processed
Timber.
(1) Any person who exports any of
the timber species specified in
column 1 of the First Schedule to
this Decree in unprocessed timber
form shall pay the levy specified
in column 2 of the First Schedule
in relation to the timber.
(2) Any person who exports any of
the timber species specified in
column 1 of the Second Schedule in
processed form shall pay the levy
specified in column 2 of the
Second Schedule in relation to the
air dried product.
Section 15B—Assessment of Levy.
(1) The levy payable under section
15A shall be the percentage
specified in the Schedule in
relation to the invoice value of
the timber product at the time of
exportation.
(2) All levies payable under this
Part shall be paid to the Forest
Products Inspection Bureau at the
time of the export of the timber.
(3) The Forest Products Inspection
Bureau shall not permit the
exportation of any timber product
to which this Part applies unless
the levy has been paid.
(4) The monies collected by the
Forest Products Inspection Bureau
under this Part shall be paid into
a bank account approved by the
Minister responsible for Lands and
Forestry and the
Accountant-General.
(5) The Forest Products Inspection
Bureau shall at the end of every
three months submit a report to
the Minister and the
Accountant-General of all monies
received and paid under this Part.
Section 15C—Offence and Penalty.
Any person who fails to pay the
levy commits an offence and is
liable on summary conviction to a
fine not exceeding ¢,2,000,000.00
or to a term of imprisonment not
exceeding one year or both". [As
Inserted by the Trees and Timber
(Amendment) Act, 1994 (Act 493) s.
4].
PART III—GENERAL
Section 16—Arrest of Offenders.
(1) Any police officer or Forest
Officer or a person authorised by
the Minister may arrest without
warrant any person whom he
reasonably suspects to have
committed or to have been
concerned in any offence under
this Decree, if such person fails
to give his name and address or
gives a name and address which is
believed to be false, of if there
is reason to believe that he may
abscond. [As Amended by the Trees
and Timber (Amendment) Act, 1994
(Act 493) s. 5].
(2) A person arrested under this
section shall within forty-eight
hours be brought before a
Magistrate, if not sooner
released.
Section 17—Regulations.
(1) The Commissioner may by
legislative instrument make
regulations—
(a) controlling or prohibiting the
cutting or felling of any trees of
smaller girth than that prescribed
in the regulations;
(b) for the marking of trees that
may be cut or felled;
(c) for the control of the transit
or export of timber, and for the
salving and disposal of drift
timber;
(d) for the prescription for any
purposes of a standard method for
use in calculating the volume of
any tree or timber;
(e) for the control or prohibition
of the purchase, sale, export or
possession of timber cut, felled,
collected or moved in
contravention of the regulations;
(f) for the protection of trees or
timber;
(g) for the imposition of fees for
anything done for the purposes of
this Decree and the regulations;
(h) otherwise for carrying out the
principles and purposes of this
Decree.
(2) Any person who contravenes or
fails to comply with any
regulation made under this section
or the conditions of any licence
or permit issued or granted
thereunder for which no penalty is
expressly provided in the
regulations shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
¢2,000,000.00 or to imprisonment
not exceeding two years or to
both. [As Amended by the Trees and
Timber (Amendment) Act, 1994 (Act
493) s. 6].
(3) Where any person is convicted
of an offence against any
regulation made under this
section, the court may in addition
to the punishment imposed order
that the whole or any part of the
trees or timber in respect of
which the offence was committed
shall be forfeited and disposed of
as the court may direct, and may
order that any licence or permit
held under the regulations by the
person convicted shall be
forfeited.
Section 18—Interpretation.
In this Decree, unless the context
otherwise requires:
"Commissioner" means the
Commissioner responsible for
Lands;
"Forest Reserve" means a Forest
Reserve constituted under section
17 of the Forests Ordinance (Cap
157);
"mill" means a factory or
conversion plant used to process
logs or parts of trees into
products of wood;
"property mark" means a mark
placed on trees or timber to
denote that after all purchase
money due thereon has been paid
the registered holder of the
property mark has or will have a
right in such trees or timber;
"protected area" means an area
declared for the time being under
this Decree to be a protected
area;
"timber" includes trees when they
have fallen or have been felled,
and all wood, whether it has been
cut up or fashioned or hollowed
out for any purpose or not.
Section 19—Repeals and Savings.
(1) The following enactments are
hereby repealed:—
Trees and Timber Ordinance (Cap.
158);
Trees and Timber (Amendment) Act,
1957 (No.40);
Protected Timber Lands Act, 1959
(No.34).
(2) Notwithstanding the above
repeals, the following instruments
as subsequently amended shall
continue in force as if made under
the corresponding provisions of
this Decree, until modified or
revoked:—
Trees and Timber (Control of
Cutting) Regulations, 1958 (LN
368).
Trees and Timber (Measurement)
Regulations, 1958 (LN 388).
Timber Lands (Protected Areas)
Regulations, 1959 (LN 311).
Trees and Timber (Control of
Measurement) Regulations, 1960 (LI
23).
Trees and Timber (Control of
Export of Logs) Regulations, 1961
(LI 130).
(3) Notwithstanding the repeal of
the Protected Timber Lands Act,
1959 (No.34), all instruments made
under that Act to declare a
protected area and in force
immediately before the
commencement of this Decree shall
continue in force as if made under
section 12 of this Decree, until
modified or revoked.
SCHEDULES
FIRST SCHEDULE
UNPROCESSED TIMBER
COLUMN
1
COLUMN 2
Species
Export Levy
Kyenkyen .. ..
.. .. 30%
Canarium .. ..
.. .. 30%
Ogea .. ..
.. .. ..
30%
Ceiba .. ..
.. .. ..
30%
Otie .. ..
.. .. ..
20%
Wanton .. ..
.. .. 15%
Bombax .. ..
.. .. 20%
Afzelia .. ..
.. .. 30%
Guarea ..
.. .. ..
15%
Potrodom .. ..
.. .. 15%
Teak .. ..
.. .. ..
10%
Dahoma .. ..
.. .. 20%
Kaku .. ..
.. .. ..
20%
Danya .. ..
.. .. 15%
Kusia ..
.. .. ..
25%
Albizia ..
.. .. ..
15%
Esia .. ..
.. .. ..
15%
Yaya .. ..
.. .. 15%
Ananta .. ..
.. .. 15%
Tetekon .. ..
.. .. 15%
Esa .. ..
.. .. ..
15%
Sterculia ..
.. .. ..
15%
Aprokuma .. ..
.. .. 15%
Wawabima ..
.. .. 15%
Ofram .. ..
.. .. 20%
SECOND SCHEDULE
PROCESSED TIMBER (AIR DRIED)
Species
Export Levy
Odum .. ..
.. .. 15%
Afromosia .. ..
.. .. 30%
Hyedua .. ..
.. .. 15%
Makore .. ..
.. .. 10%
Edinam .. ..
.. .. 10%
Mahogany .. ..
.. .. 10%
Sapele ..
.. .. ..
10%
Utile .. ..
.. .. ..
10%
Wawa .. ..
.. .. 10%
[As Inserted by the Trees and
Timber (Amendment) Act, 1994 (Act
493) s. 7].
The Minister may by legislative
instrument on the advice of the
Forestry Commission and with the
approval of the Cabinet amend the
Schedules. [As Inserted by the
Trees and Timber (Amendment) Act,
1994 Act 493].
Made this 23rd day of August,
1974.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
Date of Gazette Notification: 30th
August, 1974.
amended by
THE TREES AND TIMBER (AMENDMENT)
ACT, 1994 (ACT 493)1. |
