PART I-PROCEDURE FOR GRANT OF TIMBER RIGHTS

Sub-part I-Identification of land suitable for grant of timber rights Regulation
1. Inventory of timber
2. Field inspection

Sub-part II-Procedure in relation to lands other than public land and existing forest reserves
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

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PART II-ADVERTISEMENT FOR APPLICANTS AND QUALIFICATION FOR GRANT OF TIMBER UTILIZATION CONTRACTS

9. Advertisement
10. Application forms
11. Qualification of applicant
12. Evaluation
13. Selection and submission of evaluation report

PART III-TERMS AND CONDITIONS OF TIMBER UTILIZATION CONTRACT

14. Terms and conditions
15. Records inspection

PART IV-PROCEDURE RELATING TO TIMBER OPERATIONS

16. Logging manual
17. Harvesting plan
18. Approved periods for timber operations and transport of forest produce
19. Timber produce inspection officers
20. Marketing and numbering of trees, logs and timber products

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PART V-TIMBER 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 VI-REGISTRATION 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 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. Offices and penalties
42. Revocation
43. Interpretation

SCHEDULE

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Republic of Ghana

L.I. 1649

TIMBER RESOURCES MANAGEMENT REGULATIONS, 1998

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 I-PROCEDURE FOR GRANT OF TIMBER RIGHTS

SUB-PART I-Identification of land suitable for grant of timber rights

Inventory of timber—

1. (1) The Chief Conservator of Forests shall identify lands suitable for grant of timber utilization contracts.

(2) For the purpose of identifying lands under sub regulation (1), the Chief Conservator of Forest shall cause to be conducted by the forestry Department inventories of forests and timber on public lands, existing forest reserves, stool lands such other lands as he may determine.

(3) The Chief Conservator of Forests shall for the purpose of sub regulation (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 lands 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 directive to the District Forest Officer to conduct the inspection.

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Field inspection—

2. (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 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 report of an inspection tea, 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 right in respect of timber on the land.

Sub-part II-Procedure In relation to lands other than public land existing forest reserves

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Publication to obtain consent—
3. (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.

Owners who consent—
4. 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 of the owner through the Regional Forest Officer to the Chief Conservator of Forests.

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Objection by owner of land and conflicting interest—
5. (1) Where any person 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 (1) for examination.

(2) A committee for the purpose of subregulation (1) shall consist of a representatives of the Administrator of Stool Lands and two representatives of the District Assembly in whose jurisdiction the lands 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 of the committee shall on receipt of the report submit it 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.

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Report of District Forest Officer to the Regional Forest Officer—
6. 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 ay 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.

Report of Regional Forest Officer to Chief Conservator of Forests—
7. (1) The Regional Forest Officer shall on receipt of the report from the District Forest Officer satisfy himself of the maps, plans and consent 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, on stool land or private land shall be given out under a timber utilization contract without the written consent of the owners.

Conflict on use of public land—
8. Where any public 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 II-ADVERTESMENT FOR APPLICANTS AND QUALIFICATION FOR GRANT OF TIMBER UTILZATION CONTRACTS

Advertisement—
9. (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.

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(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 Schedule1 of these Regulations;
(c) the estimated annual yield;
(d) suitable management conditions relevant to the contract; and
(e) the place and date for submission of applications.

(3) Ay 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.

Application forms—
10. (1) An applicant shall obtain an application form for completion from the Forestry Commission 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.

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Qualification of applicant—
11. An applicant for timber rights shall submit with the application-

(a) evidence of ownership or membership of the 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
(e) evidence of capability to undertake reduced impact logging.

Evaluation—
12. (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.

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Selection and submission of evaluation report—
13. (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 heactares 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.

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PARTIII-TERMS AND CONDITIONS OF TIMBER UTILIZATION CONTRACT

Terms and conditions
14. (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 the Forestry Department.

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Records inspection—
15. (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.

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PART IV-PROCEDURE RELATIING TO TIMBER OPERATIONS

Logging manual –
16. (1) The Forestry Department shall in accordance with the advice of the Forestry Commission issue a Logging Manual these Regulations.

(2) The Logging Manual shall be a code of practice for timber utilization contract operations and shall be subject to periodic revision.

Harvesting plan—
17. 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.

Approved periods for timber operations and transport of forest produce—
18. (1) No person shall carry out timber operations or 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.

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(2) Notwithstanding subregulation (1) of this regulation, a person may carry 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.

Timber produce inspection officers—
19. The Chief Conservator of Forests or the Chief Executive of the Forest Products Inspection Bureau may assign any official inspector to conduct special surveillance against illegal timber operations.

Marking and numbering of trees, logs and timber products—
20. (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.

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PART V-TIMBER STUMPAGE FEES AND CONTRACT AREA RENT

Stumpage fee—
21. (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 Forestry Commission having regard to the market demand and inventory levels of the species.

Formula for stumpage fee calculation—
22. (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.

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Measurement of timber—
23. (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 Schedule3 in the presence of the landowner and the contractor or their representatives.

Conveyance certificate—
24. (1) No timber shall be transferred or removed 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.

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Payment of stumpage—
25. (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 billing, 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.

Payment for management service—
26. (1) There shall be paid to the Forestry Department for timber management services, such amounts as shall be determined by he 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.

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Payment of rent for contract areas—
27. 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 VI-REGISTRATION AND USE OF CHAINSAWS

Registration of chainsaws by District Assemblies—
28. (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 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.

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Registration of chainsaw at District Forest Office—
29. (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 of 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.

Timber registration number—
30. Upon the registration of a chainsaw at the District Forest Office there shall be allocated to the registered chainsaw a timber registration number.

Use of chainsaw to harvest timber—
31. 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.

Prohibition of use of chainsaw to convert timber into lumber for sale—
32. (1) No person shall use a chain saw 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.

Chainsaw users to mark stumps—
33. (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.

Prohibition of landowners to permit use of unregistered chainsaw—
34. No landowner shall permit any person to use an unregistered chainsaw for felling a tree or sawing timber on his land.

Timber utilization permit—
35. (1) The Chief Conservator of Forest may on an application by a District Assembly, town committee, any rural community group or a non-governmental organization 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.

Supply to domestic market—
36. 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.

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Salvage and disposal of abandoned timber product—
37. (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 labeled 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 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 Forest 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.

Salvage of timber products—
38. (1) The Chief Conservator of Forests may upon application and subject to the approval of the Forestry Commission issue a permit subjected 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.

Disposal of residue of logs—
39. 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.

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Restricted timber species—
40. (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 subregualtion (1) commits an offence.

Offences and penalties—
41. 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 (1); 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 saw 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 court may direct.

(3) Any officer who—
(a) declares a false measurement of timber contrary to subregualtion (1) of regulation 23; or

(b) falsely calculates stumpage fees; or

(c) assist 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.

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Revocation—
42. 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 Fess (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. 14);
• 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).

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Interpretation—
43. 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 Regulations 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;

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“Schedule” means a Schedule to these Regulations.

SCHEDULE

SCHEDULE 1
Regulation 9 (2) (b)

SCALE OF TIMBER OPERATIONS

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TIMBER RESOURCES MANAGEMENT REGULATIONS, 1998

SCHEDULE 2
(Regulation 2 (1) )

STUMPAGE RATES

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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 Smalian’s Formula as follows—

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.

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SCHEDULE 4
(Regulation 27)

Contract Area Rent

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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 ……………………………………………………………………….

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SCHEDULE 5
(Regulation 29(3))

APPLICATION FORM B

To Register a Chainsaw for Use in Timber Operations

1. Full name of applicant …………………………………………………………………….

2. Address of applicant:

Residential …………………………………………………………………………………

Postal .………………………………………………………………………………………

3. Occupation ….………………………………………………………………………………

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 …………………………………………………………………………..

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SCHEDUEL 6
(Regulation 40(1)

Restricted Timber Species

CLETUS A. AVOKA
Minister for Lands and Forestry

Date of Gazette notification: 10th November, 1998.

Entry into force: 16th December, 1998.

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