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ACT 547THE FIVE HUNDRED AND
FORTY-SEVENTHACTOF THE PARLIAMENT OF THE REPUBLIC
OF GHANAENTITLEDTHE TIMBER RESOURCE 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-
1.
Prohibition
from harvesting 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.
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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).
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 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.
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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) a land with forest plantations;
(b) land with timber grown or owned
by any individual group;
(c) land subject to alienation holding;
or
(d) lands with farms
without the authorization in writing
of the individual, group or owner concerned.
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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 Conservator of Forests
of the Forestry Department or his representative who
shall not be below the rank of a Deputy Chief Conservator
of Forests:
(b) the Planning Officer of the Forestry
Department;
(c) the Chief Administrator of the
Commission;
(d) the Administrator of Stool Lands;
(e) the representative of the Lands
Commission on the Forestry Commission
(f) a representative of the Ghana Institute
of Professional Foresters; and
(g) one other person appointed by the
Minister;
(2) The Chief Conservator of Forests
or his representative shall be the Chairman of the
Committee.
(3) The Evaluation Committee shall
regulate the procedure at its meetings.
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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 merits 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.
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7. Grant of timber
rights-
(1) The Commission shall with 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.
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 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 Forests;
(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 Forestry Department;
(h) the submission to the Forestry
Department 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.
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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 prescribed, authorize any other
agency of government to approve timber utilization
contracts.
10. Logging Manual-
There shall be prepared by the Forestry
Department in consultation with the Forestry Commission
a Logging Manual for the purposes of this Act and
regulations made under this Act.
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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).
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
Conservator of Forests in writing of every appointment
of a manager and the change of a manager.
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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 prescribed.
(2) A holder who fails to pay monies
payable under subsection (1) of this section is liable
to have his contract terminated.
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 stool land shall be dealt with
as shall be agreed upon with the owners of the land
and the Forestry Department.
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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 operations under a timber utilization contract;
or
(e) a review of operations by the Forestry
Department 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.
(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 suspension
have redressed, petition the Commission which shall
make recommendations to the Minister on the merits
or otherwise of removing the suspension.
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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.
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17. Offences-
(1) Any person charged with the management
or protection of a 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 or causes to be operated
a vehicle to carry, haul evacuate or transport timber
harvested in contravention of this Act; or
(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.
(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; 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.
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18. Regulations-
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 grand 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 timber scale of operations;
(g) on procedure for salvage and disposal
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 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.
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19. Savings and
transitional provision-
(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) With 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 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.
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20. Interpretation-
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" included
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 no 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,
falling 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 trolled
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.
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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.
22. Repeals-
(1) The Concessions Act, 1962 (Act124)
other than sections 1 and 16 is hereby repealed.
(2) Sections 1 and 16 of Act 124 shall
apply with such 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 Licenses (Amendment)
Regulations. 1979 (L.I. 1215).
Date
of Gazette notification: 18th March, 1998
