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Main | Forest& Wildlife
Policy | Act 571 | Act
547 | L I 1649 | Act
617 | LI 1721| Act
493 | Act 583 | Act
623 | Act 624 | Wildlife Laws
PART
I-- ESTABLISHMENT
OF FORESTRY COMMISSION
1.
Forestry
Commission established
2.
Object
and functions of the Commission
3.
Ministerial
responsibility and directions by the Minister
4.
Membership
of the Commission
5.
Tenure
of office of members
6.
Meetings
of the Commission
7.
Disclosure
of interest
8.
Committees
of the Commission
9.
Allowances
for members
10.
Division of the Commission
11.
Other units in the Commission
12.
Chief Executive
13.
Functions of the Chief
Executive
14.
The duties of the divisions
of the Commission
15.
Delegation by Chief Executive
16.
Secretary to the Commission
17.
Executive Directors and
Other staff of the Commission
18.
Delegation of power to
appoint public officers
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PART III
-- FINANCIAL AND MISCELLANEOUS PROVISIONS
20.
Bank account of the Commission
and payment into Consolidated Fund
21.
Borrowing powers
22.
Execution of contracts
23.
Annual budget and corporate
plans of the Commission
24.
Performance contract
25.
Accounts and audit
26.
Internal auditor
27.
Financial year
28.
Annual report and other
reports
29.
Access to information
30.
Regulations
31.
Dissolution of specified bodies
32.
Repeal
33.
Transfer of personnel
34.
Transfer of assets and
liabilities
35.
Modification and consequential
amendments
36.
Interpretation
37.
Schedule
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THE
FIVE HUNDRED AND SEVENTY-ONE
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE FORESTRY COMMISSION ACT, 1999
AN ACT
to re-establish the Forestry Commission in order
to bring under the Commission the main public
bodies and agencies implementing the functions
of protection, development, management and regulation
of forests and wildlife resources and to provide
for related matters.
DATE
OF ASSENT: 31st August, 1999
BE IT ENACTED by parliament as
follows-
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PART
I - ESTABLISHMENT OF FORESTRY COMMISSION
Forestry
Commission established
1. (1) There
is established by this Act a Forestry Commission
referred to in this Act "the Commission".
(2) The Commission shall be a body
corporate with perpetual succession and a common
seal and may sue and be sued in its corporate
name.
(3) The
Commission may for the discharge of its functions
under this Act, acquire and hold any movable or
immovable property, dispose of the property and
enter into any contract or other transaction.
(4) Where
there is any hindrance to the acquisition of any
property under sub-section 3) of this section
the property may be acquired for the Commission
under the State Lands Act, 1962 (Act 125).
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Object
and functions of the Commission
2. (1) The Commission shall be responsible
for the regulation of the utilization of forest
and wildlife resources, the conservation and management
of those resources and the co-ordination of policies
related to them.
(2) Without
limiting the scope of subsection (1) of this section
the Commission shall-
(a) Regulate the utilization of forest and
timber resources by
i.
Vetting and the registration of contracts to market
timber and such other forest and wildlife products
as the Commission may determine;
ii.
The establishment of procedures to track the movement
of timber, wood and wildlife products;
iii.
Monitoring the harvesting, marketing of forest
and wildlife products and related contracts;
iv.
Promoting the development and dissemination of
appropriate industrial standards and trade guidelines
for timber, wood and wildlife products;
v.
The conduct of pre-shipment inspection and examination
of timber, wood and wildlife products;
vi.
Advising on approvals to establish new timber
industries and the registration of approved timber
processors and traders in forest and wildlife
products;
(b) Manage the nation's forest reserves and protected
areas by
i.
Proper planning for the protection, harvesting
and development of forest and wildlife resources
in a sustainable manner;
ii.
Monitoring the condition and extent of the nation's
forest and wildlife resources;
iii.
Controlling the harvesting of forest and wildlife
products;
iv.
Making recommendations to the Minister on the
grant of timber rights and wildlife licences;
v.
Advising the Minister on forest and wildlife policy
with particular regard to management practices
that sustains resources and improve productivity;
(c) Assist the private sector and the other bodies
with the implementation of forest and wildlife
policies by
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i.
Advising and the provision of technical services
with regard to matters of resource protection,
management and development and of market intelligence
pertaining to the timber and wildlife industries;
ii.
Co-operating and liasing with national and international
bodies and organizations on forestry and wildlife
conservation and utilization;
iii.
Supporting the development of forest plantations
for the restoration of degraded forest reserves,
the increased production of industrial timber
and the expansion of the country's protected
forest cover;
iv.
The provision of training management and technical
skills for related industries;
v.
Advising the appointing authority on matters
concerning employment, discipline and training
of staff;
(d) Undertake
the development of forest plantations for
the
restoration of degraded forests areas, the expansion
of the country's forest cover and the increase
in the production of industrial timber; and
(e) Undertake
such other functions as are incidental to the
foregoing, or as the Minister may direct.
Ministerial
responsibility and directions by the Minister
3. (1) The Minister responsible for forestry
shall have ministerial responsibility for the
Commission.(2) The
Minister may give general directions in writing
to the Commission on matters of policy.
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Membership
of the Commission
4. (1) The
Commission shall be composed of the following
members-
a)
A chairman;
b)
The Chief Executive of the Commission;
c)
A representative of the National House of Chiefs;
d)
A representative of the timber trade and industry;
e)
A representative of the wildlife trade and industry;
f)
A representative of the Ghana Institute of Professional
Foresters;
g)
A representative of non-governmental organizations
involved in forest and wildlife management;
h)
A representative of the Lands Commission; and
i)
Three other persons with financial, commercial
or managerial experience nominated by the Minister
at least one of whom shall be a woman.
(2) The members of the Commission shall be appointed by the President
in consultation with the Council of State.
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Tenure
of office of members
5. (1) A member of the Commission other than
the Chief Executive and the representative of
the Lands Commission shall hold office for a period
not exceeding four years and is on the expiration
of that period eligible for re-appointment.
(2) A
member of the Commission other than an ex-officio
member may at any time by letter addressed to
the President through the Minister, resign his
office.
(3) A
member other than an ex-officio member who is
absent from four consecutive meetings of the Commission
without reasonable excuse shall cease to be a
member.
(4) The
chairman or any other member of the Commission
may be removed from office by the President for
inability to perform the functions of his office
or for stated misbehaviour or any other just cause.
(5) The
chairman of the Commission shall through the Minister
notify the President of vacancies that occur in
the membership of the Commission within one month
of such occurrence.
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Meetings
of the Commission
6. (1) The Commission shall meet for the dispatch
of business at such times and in such places as
the Commission may determine but shall meet at
least once every two months.
(2) The
chairman may convene a special meeting and shall
upon the request of not less than one-third of
the membership of the Commission convene a special
meeting of the Commission within fourteen days
upon the receipt of that request.
(3) The
quorum at a meeting of the Commission shall be
six members and shall include the Chief Executive
or the person acting in that capacity.
(4) Every
meeting of the Commission shall be presided over
by the chairman and in his absence, by a member
of the Commission elected by the members present
from among their number.
(5) Decisions
of the Commission shall be determined by a majority
of the members present.
(6) The chairman or the person presiding at
a meeting of the Commission shall in the event
of equality of votes have a second or casting
vote.
(7) The
Commission may co-opt any person to act as an
adviser at its meeting but no co-opted person
is entitled to vote at the meeting.
(8) The
validity of the proceedings of the Commission
shall not be affected by a vacancy among its members
or by a defect in the appointment or qualification
of a member.
(9) Except
as otherwise provided in this section, the Commission
shall regulate the procedure for its meeting.
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Disclosure
of interest
7. (1) A member of the Commission who has a personnel
interest, directly or indirectly in any matter
being considered or dealt with by the Commission
shall disclose the nature of his interest at a
meeting of the Commission and shall not take part
in any deliberation or decision of the Commission
with respect to the matter.
(2) A
member who fails to disclose his interest under
subsection (1) shall be removed from the Commission.
Committees
of the Commission
8. (1) The Commission may for the discharge
of its functions appoint committees of the Commission
comprising members of the Commission or non-members
or both and assign to any such committee such
functions of the Commission as the Commission
may determine except that a committee composed
exclusively of non-members of the Commission may
only advise the Commission.
Allowances
for members
9. (1) The chairman and the other members
of the Commission shall be paid such allowances
as shall be determined by the Minister.
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PART
II-ADMINISTRATION
Divisions
of the Commission
10. (1) The
Commission may establish such divisions in the
Commission as it considers necessary for the effective
achievement of the object and functions of the
Commission.
(2) Without limiting the scope of subsection (1) and subject to the
power of the Commission to re-organize the divisions
as it considers appropriate the following are
hereby established as Divisions of the Commission-
a)
Forest Services Division;
b)
Forest Products Inspection Division;
c)
Timber Export Development Division; and
d)
Wildlife Division.
(3) Each Division of the Commission
shall have as its head an officer designated as
Executive Director.
(4)
Each Executive Director shall be responsible for
the day-to-day management of his Division and
answerable to the Commission through the Chief
Executive in the performance of his functions
and duties.
(5) The functions and numerical staff
strength of each Division of the Commission shall
be determined by the Commission.
(6) The Divisions of the Commission
shall be located in such places as the Commission
may determine.
(7) The Commission may delegate its
functions under this section to the Chief Executive.
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Other
units in the Commission
11. There shall be established by the Commission
the following as units of the Commission which
shall constitute a part of the secretariat of
the Chief Executive
a)
Planning, Monitoring and Evaluation
Unit;
b)
Legal Unit;
c)
Internal Audit Unit;
d)
Finance and Administration Unit;
e)
Research and Information Management
Unit; and
f)
Such
other units as the Commission may determine.
12. (1) There
shall be appointed for the Commission a Chief
Executive who shall be the executive and administrative
head of the Commission.
(2) The Chief Executive shall be appointed
by the President in accordance with the advice
of the Commission given in consultation with the
Public Services Commission and shall hold office
for such period and upon such other terms and
conditions as shall be specified in his letter
of appointment.
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Functions
of the Chief Executive
13. The Chief Executive shall subject to policy
directives of the Commission, be responsible for-
a)
ensuring the efficient and effective
implementation of the functions of the Commission
and the directives of the Commission;
b)
the day-to-day management and administration
of the-
i.
Planning,
Monitoring and Evaluation Unit;
ii.
Legal
Unit;
iii.
Internal
Audit Unit;
iv.
Finance
and Administration Unit;
v.
Research
and Information Management Unit; and
vi.
Such
other as the Commission may determine.
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The
duties of the Divisions of the Commission
14. (1) For
the purpose of determining the duties and functions
of the Divisions of the Commission, the Chief
Executive shall draw up for consideration and
approval by
the Commission a service charter which shall set
out the duties and responsibilities of each Division under the Commission.
(2) The service charter may be revised by the Commission.
Delegation
by Chief Executive
15. The Chief Executive may delegate any of his
functions to an officer of the Commission subject
to any conditions that he may impose but he shall
not be relieved from ultimate responsibility for
the discharge of the delegated function.
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Secretary
to the Commission
16. (1) The
Head of the Legal Unit shall be the Secretary
to the Commission.
(2) The
Secretary shall arrange the business of the Commission
and shall keep minutes of meetings of the Commission.
(3) The
Secretary shall perform such other duties as the
Commission or the Chief Executive may direct.
(4) The Secretary shall in the performance
of his
duties be answerable to the Chief Executive.
Executive
Directors and other staff of the Commission
17. (1) The
Executive Directors and other staff and employees
of the Commission shall be appointed by the President
in accordance with the advice of the Commission
given in consultation with the Public Services
Commission.
(2) Other public officers may be seconded or transferred to the Commission.
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Delegation
of power to appoint public officers
18. The President may in accordance with article
195(2) of the Constitution delegate his power
of appointment of public officers under this Part.
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PART
III-FINANCIAL MISCELLANEOUS PROVISIONS
Funds
of the Commission
19. (1) The
funds of the Commission shall be-
a)
such monies as Parliament may provide
to the Commission for the performance of its functions;
b)
monies due to the Commission under
this Act and any other enactment;
c)
loans granted to the Commission; and
d)
grants.
(2) For
the purposes of increasing\g its funds, the Commission
may determine the fees to be charged-
a)
For provision of advice and technical
services;
b)
In respect of the development of plantation
and game ranches; and
c)
For provision of technical and advisory
services and market intelligence to operators
in the timber industry.
(3) The
Commission may in respect of-
a)
Its functions to conduct pre-shipment
inspection and examination of timber and forest
products;
b)
Its functions to vet contracts for
the exportation of timber, wood and wildlife products;
and
c)
Entrance by any person to a protected
area
charge such levy or fee as the
Minister may on the recommendation of the Commission
by legislative instrument prescribe.
(4) The
funds of the Commission shall not include the
export Levy payable to the Commission under the
Trees and Timber Decree. 1974 (N.R.C.D. 273) as
amended.
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Bank
account of the Commission and payment into Consolidated
Fund
20. (1) Monies
accruing to the Commission under section 19 shall
be paid into such bank accounts as the Commission
may with the approval of the Minister and the
Minister for Finance determine with the exception
of monies mentioned in section 19(1) (a) and (c)
(2) At the end of each financial year, after
the Commission has made provision for bad and
doubtful debts, depreciation of assets and payment
of all liabilities, and excess remaining after
that shall be paid into the Consolidated Funds.
Borrowing
powers
21. Subject to provisions on loans as contained
in article 181 of the Constitution and any other
enactment, the Commission may obtain loans and
other credit facilities on the guarantee of the
government from such bank and institutions as
the Minister may approve.
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Execution
of contracts
22. (1) The use of the seal of the Commission
shall be authenticated by two signatures, namely-
a)
the Chief Executive or in his absence
another officer of the Commission authorised by
the Commission to authenticate the use of the
seal; and
b)
a member of the Commission determined
by the Commission.
(2) The
Commission may under its common seal empower any
person to act as its attorney to execute deeds
on its behalf in any place outside Ghana and every
deed signed by the attorney on behalf of the Commission
under his seal shall be binding on the Commission
and have the same effect as if it were issued
under the common seal of the Commission.
(3) Any
instrument or contract which if executed or entered
into by a person other than a body corporate would
not require to be under seal, may be executed
or entered into on behalf of Commission by the
Chief Executive or any member of the Commission
if the person has previously been authorised by
a decision of the Commission to execute or enter
into that particular agreement or contract.
(4) The
provisions of this section shall be subject to
section 12 of the Contracts Act, 1960 (Act25).
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Annual
budget and corporate plans of Commission
23. (1) The
Commission shall, not later than 3 months before
the end of each financial year, cause to be prepared
and submitted to the Minister for the approval
of Parliament, an annual budget in respect of
the following financial year comprising estimates
of expected recurrent, maintenance, development
and capital expenditure of the Commission in that
financial year.
(2) The
budget shall be in such form as the Minister for
Finance may direct.
(3) The Chief Executive shall prepare budget
estimates for each financial year and shall present
them to the Commission for its approval not later
than 5 months before the end of the preceding
financial year.
(4) The Chief Executive shall also prepare
corporate plans for such periods as the Commission
may direct.
Performance
contract
24. (1) The
Chief Executive shall enter into a performance
contract with the Ministry for such period and
on such conditions as shall be specified in the
contract.
(2) Each Executive Director shall also enter into a performance contract
with the Commission for such period and upon such
condition as shall be specified in the contract.
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Accounts
and audit
25. (1) The
Commission shall keep books of account and proper
records in relation to them; and the books of
account and records of the Commission shall be
in such form as the Auditor-General may approve.
(2) The
books of account of the Commission shall be audited
within 3 months after the end of each financial
year by the Auditor-General or by an auditor appointed
by him.
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Internal
auditor
26. (1) The
Head of the Internal Audit Unit shall be the internal
auditor of the Commission.
(2) Subject to this Act the internal auditor
shall in the performance of his functions be answerable
to the Chief Executive.
(3) As part of his functions under this Act, the internal auditor shall,
at intervals of 3 months, prepare a report on
the internal audit work carried out by him during
the period of 3 months immediately preceding the
preparation of the report, and submit the report
to the Chief Executive.
(4) The internal auditor shall make in each
report such observations as appear to him necessary
as to the conduct of the financial affairs of
the Commission during the period to which the
report relates.
(5) The internal auditor shall send a copy of each report prepared under
this section
to the Minister and the Commission.
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Financial
year
27. The financial year of the Commission shall
be the same as the financial year of the Government.
Annual
report and other reports
28. (1) The
Commission shall submit to the Minister as soon
as practicable and in any event not more than
6 months after the end of each financial year
a report dealing generally with the activities
and operations of the Commission during the year
to which the report relates and shall include-
a)
the audited accounts of the Commission and
the Auditor-General's report on the accounts;
b)
a statement of the Commission's budget
and operational plans for the next financial year;
and
c)
such other information as the Commission
may consider necessary.
(2) The Minister shall within three months after
receipt of the annual report submit the report
to Parliament with such statements as he considers
necessary.
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Access
to information
29. For the purposes of the attainment of the
object of the Commission and the performance of
its functions under this Act or any other law,
the Commission shall have access to information
and records of any department of state which are
reasonably necessary for the purpose.
Regulations
30. The Minister may on the recommendations
of the Commission make Regulation by legislative
instrument to give effect to the provisions of
this Act.
Dissolution
of specified bodies
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31. The following bodies, agencies and offices
in existence immediately before the coming into
force of this Act are hereby dissolved-
a)
the Forestry Department of the Ministry
of Lands and Forestry;
b)
the Forest Products Inspection Bureau;
c)
the Department of Game and Wildlife
of the Ministry of Lands and Forestry;
d)
the Forestry Commission established
under the Forestry Commission Act, 1993 (Act 453);
and
e)
the Timber Export Development Board.
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32. (1) The
following enactments are hereby repealed-
a)
the Forest Products Inspection Bureau
Law, 1985 (P.N.D.C.L. 117);
b)
the Forestry Commission Act, 1993 (Act
453);
c)
the Timber Export Development Board
Law, 1985 (P.N.D.C.L.123); and
d)
the Wild Animals Preservation (Amendment)
Law, 1983 (P.N.D.C.L. 55).
(2) Notwithstanding
the repeal under subsection (1) any instrument,
contract, licence or registration made or issued
under any of the repealed enactment and valid
on the date of the coming into force of this Act
shall remain valid until otherwise dealt with.
(3)
Notwithstanding the repeal of the enactments specified
under subsection (1), where
a)
any
of the repealed enactments confers a power on
a public body, agency or Institution which now
constitutes a Division under the Commission to
collect any levy or fees in respect of a function
performed under that enactment, and
b)
the
power is transferred to the Commission under this
Act,
that power shall continue to be
exercised by the relevant or corresponding Division
under this Act for the collection of the levy
or fees.
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Transfer
of personnel
33. (1) The President shall in accordance with
the advice of the Commission given in consultation
with the Public Services Commission and within
such period as the President shall determine upon
the coming into force of this Act, transfer to
the Commission such number, as the President may
determine, of personnel employed immediately before
the coming into force of this Act by any of the
bodies, agencies and offices dissolved under section
31.
(2) Where
a person to whom subsection (1) applies is not
transferred under the subsection the appointing
authority shall deal with the appointment as he
considers fit including payment of the applicable
retirement benefits and severance awards.
(3) The President may delegate
his power under subsections (1) and (2) to the
Commission, a member of the Commission or to any
public officer.
(4) A
transfer to the Commission shall for the purposes
of pension or other retirement benefits constitute
a continuous service in the public service.
(5) The
terms and conditions of service of a person transferred
to the Commission under sub-clause (1) shall not
be less favourable than those applicable to him
immediately before the coming into force of this
Act.
Transfer
of assets and liabilities
34. Subject to section 33 (1), the assets, rights,
obligations and liabilities of-
a)
the
Forestry Department of the Ministry;
b)
the
Game and Wildlife Department of the Ministry;
c)
the
Forestry Commission in existence immediately before
the coming into force of this Act;
d)
the
Forest Products Inspection Bureau; and
e)
the
Timber Export Development Board
are hereby transferred to the
Commission established under section
1 of this
Act
.
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Modification
and consequential amendments.
35. (1) Unless
the context otherwise requires a reference
in
any enactment in existence immediately before
the coming into force of this Act to "Chief Conservator
of Forests"; the "Forestry Commission"; the Forestry
Department"; the "Game and Wildlife Department";
the "Forest Products Inspection Bureau" or the
"Timber Export Development Board" shall read
and construed as a reference to the Forestry
Commission
established under section 1 of this Act.
(2) Without prejudice to subsection (1) the
enactments specified in column 1 of the Schedule
to this Act are amended to the extent indicated
in relation to them in column 2 of the Schedule.
Interpretation
36. In this Act unless the context otherwise
requires-
"Commission" means
the Forestry Commission established under section
1 of this Act;
"Minister" means
the Minister responsible for Forestry;
"Ministry" means
the Ministry responsible for Forestry;
"prescribed" means
prescribed by legislative instrument;
"protected
area" means forest or wildlife reserve;
"timber
grader" means a person who examines and inspects
timber to determine its quality.
SCHEDULE
Section
35 (2)
Consequential Amendments
Enactment |
How affected |
| 1. The
Timber Resource Management Act,
1997 (Act 547) |
1) Section
5 is amended as follows--
i)
By the repeal of paragraphs (a) and (b) of subsection (1) and the substitution
of the following-
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";
ii)
by the repeal of paragraph (c) of
subsection (1);
iii)
by the substitution for paragraph (e) of subsection (1) of the following "the
Executive Secretary, Lands Commission";
iv)
by the repeal of "Chief Conservator of Forests" in subsection (2) and the substitution
of "Chief Executive";
2) Act
547 is amended by the repeal of "Chief
Conservator of Forests" and "Forestry Department" wherever
they appear in the Act and the substitution
of "Chief Executive" and the "Commission" respectively. |
| 2. Wild
Animals Preservation Act, 1961 (Act 43) |
a) By
the repeal of section 1 and the substitution
of the following-
"Appointment of officers
1. The
President may accordance with the advice
of the Forestry Commission given in consultation
with the Public Services Commission appoint
officers to carry out all or any of the
purpose of this Act"'
b)
by the repeal of "the President may" in section 3 and the substitution of the "Minister
may upon the recommendations of the Forestry Commission";
c)
by the repeal of "one hundred pounds" in section 4(5) and the substitution
of "¢2 million";
d)
by the repeal in section 6(2) of "one hundred pounds" and the substitution
of "¢2 million";
e)
by the repeal of "one hundred pounds" in section 7(2) and the substitution "¢2
million";
f)
in section 11-
(a) by the repeal of "the President
may" and the substitution of "the Minister
on the advice of the Forestry Commission
may";
(b) by
the repeal of "¢10,000" in paragraph
(r) and the substitution of "¢2 million";
g)
in section 12 by the substitution for the meaning of "officer" and "Minister" of
the following-
"officer" means
an officer of the Forestry Commission so designated;
"Minister" means
the Minister responsible for forestry
and wildlife".
|
| 3.
Trees and Timber Decree, 1974 (N.R.C.D. 273)
as
amended by Act
493. |
a) by
the substitution for "Chief Conservator
of Forests" wherever it appears
in the Decree of "Forestry Commission";
b) by
the substitution for "Commissioner" wherever
it appears in the Decree of "Minister";
c) in
section 15 by the repeal of all the words
before paragraph (a) and the substitution
of the following-
"15.
The Minister may on
the advice of the Forestry Commission";
d) in
section 15B by the deletion of "Forest Products Inspection Bureau" wherever
it appears and the insertion of "Forestry Commission";
e) in
section 17(1) by the insertion after "may" of the following "on the advice
of the Forestry Commission". |
Date
of Gazette notification: 10th September, 1999
Main | Forest& Wildlife
Policy | Act 571 | Act
547 | L I 1649 | Act
617 | LI 1721| Act
493 | Act 583 | Act
623 | Act 624 | Wildlife Laws
|
