Prepared by:

GB/JD

Approved by:

Preceded by Procedure No:

Followed by Procedure No:

Purpose:

To assess the amount payable under a performance bond

Applies to:

FSD Regional Managers

FSD District Managers

TREC Secretariat

Reference Documents:

Procedure:

1.       FSD Regional Managers and District Managers may receive reports that indicate a TUC holder's non-compliance with terms and conditions of his TUC as a result of:

a)       regular monitoring by FSD District staff;

b)       periodic independent audits of TUC performance; and

c)       reports from others, such as members of the public.

2.       On receiving such a non-compliance report the Manager concerned places the report in the file pertaining to that TUC holder at the District concerned and immediately conducts an investigation to confirm the evidence provided.  Copies of the report are forward to the Regional Office concerned and the Headquarters of the Forest Services Division where they are also placed in files pertaining to that TUC holder, and the TREC Secretariat files.

3.       The Manager concerned immediately creates a new record in the electronic offences database that describes the non-compliance.

4.       If the investigation upholds the non-compliance report's findings, the Manager concerned determines the severity of the non-compliance in accordance with the following categories:

a)      an infraction of the terms and conditions of the TUC, but not constituting an offence in accordance with provisions of any laws and regulations; or

b)      a material breach of the provisions of any laws or regulations.

5.       If the non-compliance is not an offence:

a)      The District Manager concerned, by conducting field examinations and making use of external expert opinion as appropriate, evaluates the impact of the non-compliance and assesses all resultant damage to assets, including trees, crops, infrastructure and natural resources, that belong to the State, the landowners, local communities and legal occupants of the land.

b)      The District Manager concerned prepares a report to the Chief Executive through the Regional Manager that describes the non-compliance event and the value of any resultant damage.

c)      The Chief Executive demands the provider of the performance bond pay the amount of the value of the estimated damage.

6.       If the non-compliance is an offence, the District Manager determines whether the TUC holder pays an administrative fine or be subjected to legal proceedings :

a)       Where the TUC holder admits to the offence, an administrative fine related to the value of any timber felled or extracted is assessed;

b)       If the TUC holder fails to pay the amount in full within 30 days the District Manager prepares a report to the Chief Executive through the Regional Manager that describes the offence and the amount of the fine.

c)      The Chief Executive demands from the provider of the performance bond the amount of the value of the fine.