Timber Resource Management and Legality Licensing Regulations, 2017 (LI 2254). | Land Portal

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January 2017
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These Regulations reform the law in Ghana with respect to the granting of timber rights and related matters. They (a) regulate the identification of land suitable for the grant of timber rights, (b) regulate the terms and conditions for small and large scale timber rights, (c) regulate other sources of timber, and (d) provide for a legality licensing scheme.The Forestry Commission shall identify lands suitable for grant of large scale timber utilisation contracts. The Regulations set out the procedures for the identification of lands (including owner consent). An inventory of forests and timber on public lands, existing forest reserves, stool lands and any other lands shall be prepared. The allocation of large scale timber rights and small scale timber utilisation contracts shall be based on a competitive procedure. Procedures are set out in the Regulations. Where the Evaluation Committee considers that it is appropriate to grant small scale timber rights in an identified area, the Evaluation Committee shall cause this to be published. the Regulations set out terms and conditions of (large- and small scale) Timber Utilisation Contracts. A timber utilisation contract is not renewable. The holder of a timber right shall negotiate a social responsibility agreement with communities in and around the contract area at the value of five per cent of the stumpage fee. A social responsibility agreement shall into account the terms in the Social Responsibility Agreement Guidelines and Code of Conduct.Other rights of timber harvesting are timber utilisation permits (for a a rural community group or a non-governmental organisation) and Legality Licensing. As a requirement of the Voluntary Partnership Agreement between Ghana and the European Union, Ghana has, through stakeholder consultation, developed a legal standard to underpin the implementation of this Agreement. The legal standard is linked to the Legality Assurance System through the legality matrix. This document presents the legal definition, the legality matrix, a summary of relevant laws and regulations governing the forest sector, as well as describing the processes through which Ghana will reform and consolidate laws in the forestry sector. A product containing wood sourced from Ghana can be licensed for sale within Ghana or for export from Ghana where the source and ownership is a felling permit that meets that requirements set out in Schedule III or is otherwise legal in accordance with requirements set out in that Schedule.A Timber Validation Committee is established by these Regulations. The Committee shall (a) monitor and ensure that the division or department of the Commission responsible for verification and validation of applications for licences performs its functions in a credible, transparent and independent manner; (b) establish measures to ensure that the processes of verification and validation under these Regulations are not interfered with; (c) settle complaints made in respect of the division or department of the Commission responsible for verification and validation of applications for licences and in respect of the verification and validation process. It shall also make recommendations to the Minister.The Regulations furthermore, among other things, establish general rules regarding licences, regulate inspection and investigation by Committee, require a harvesting plan for timber operations in a contract area to be drawn up in accordance with the Logging Manual prepared by the Commission, provides rules relative to timber operations, require a stumpage fee to be paid, require chainsaws to be registered, requires chainsaw users to mark stumps, prohibit the felling of the species of timber specified in the Eighth Schedule except under a restricted species permit issued by the Commission with the approval of the Minister, provide for public access to information on forest resource management, and define general offences. Implements: Timber Resource Management Act, 1997 - Act 547 (2002) Repeals: Timber Resources Management Regulations, 1998 (L.I. 1649). (1998-12-16) Repeals: Timber Resources (Legality Licensing) Regulations, 2012 (L.I. 2184). (2012-06-20)

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