PAPUA NEW GUINEA FOREST INDUSTRIES ASSOCIATION (Inc)

Forestry Act 1991

INDEPENDENT STATE OF PAPUA NEW GUINEA

Forestry Act 1991,

Being an Act to provide for and to give effect to the National Goals and the Directive Principles and in particular to—

(a) manage, develop and protect the Nation's forest resources and environment in such a way as to conserve and renew them as an asset for the succeeding generations; and

(b) maximise Papua New Guinean participation in the wise use and development of the forest resources as a renewable asset; and

(c) utilize the Nation's forest resources to achieve economic growth, employment creation and industrial and increased "down stream" processing of the forest resources; and

(d) encourage scientific study and research into forest resources so as to contribute towards a sound ecological balance, consistent with the National developmental objectives; and

(e) repeal various Acts and for related purposes,

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

PART I.—PRELIMINARY.

1. Compliance with Constitutional requirements.

(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C. of the Constitution (Qualified Rights), namely—

(a) the right to freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and

(b) the right to freedom of employment conferred by Section 48 of the Constitution; and

is a law that is made for the purpose of giving effect to the public interest in public order and public welfare.

(2) For the purposes of Section 41 of the Organic Law on Provincial Governments and Local-level Governments, it is hereby declared that this Act relates to a matter of national interest.

[xliv]

(3) For the purposes of Section 53(1) (Protection from unjust deprivation of property) of the Constitution and of the Land Act 1996 it is hereby declared that—

(a) forestry purposes; and

(b) the purchase of logs under Section 115(1)(a),

are public purposes.

2. Interpretation.

In this Act, unless the contrary intention appears—

"at stump", in relation to timber, means at the place where the timber is felled or otherwise severed from the ground, before it is moved, conveyed or transported;

"Authority" means the Papua New Guinea Forest Authority established by Section 5;

"Board" means the National Forest Board established by Section 9;

"burning permit" means a burning permit issued under Section 53;

"Chairman" means the Chairman of the Board;

[xlv]"Chairman of the Provincial Forestry Management Committee", in relation to a province, means the Chairman of the Committee established by the Provincial Executive Council of that province to carry out its functions in respect of forestry matters;

[xlvi]"consultant" means a person (whether natural or corporate) holding himself out as having expertise particular to the forest industry and offering for reward (otherwise than as an employee of another consultant or of a forest industry participant) services related to that expertise;

[xlvii]"customary owners", in relation to an area of customary land, means persons having customary rights—

(a) of ownership over the land; or

(b) of ownership over forest produce growing on the land; or

[xlviii]

"firewood" includes parts of trees made up into bundles, billets or loads, or cut up in the manner used to cut wood for burning, and refuse wood generally;

"forest development project" means a project to develop forest resources within—

(a) an area the subject of a Forest Management Agreement; or

(b) Government land;

[xlix]"forest industry activities" means any commercial activities within Papua New Guinea directly connected with—

(a) harvesting or processing timber or rattan; or

(b) buying unprocessed timber or rattan for processing or export; or

(c) selling or, on behalf of another person or other persons, arranging or procuring the sale or purchase of, timber or rattan (whether unprocessed or processed but not including manufactured items made from timber or rattan materials);

[l]

[li]"forest industry participant" means any person engaging in, or intending to engage in, forest industry activities (otherwise than as an employee of a forest participant or in the capacity of a common carrier) where the timber or rattan harvested, processed, bought, sold or arranged or procured to be sold or purchased, by that person in a calendar year exceeds—

(a) 500m³ in volume; or

(b) in the case of sandalwood timber or rattan—K20,000.00 in market value;

"Forest Inspector" means an officer of the National Forest Service appointed as a Forest Inspector under Section 41;

"Forest Officer" means an officer of the National Forest Service appointed as a Forest Officer under Section 41;

"forest produce" means—

(a) growing or dead trees, whether standing or fallen; and

(b) any part of or any product of such trees; and

and in a National forest includes stone, gravel, limestone, lime, salt, sand, loam and brick earth, but does not include oil, metal or minerals;

"Forest Management Agreement" means a Forest Management Agreement entered into in accordance with Division III.4;

"Government land" means land other than—

(a) customary land; or

(b) land held by a person other than the State for an estate greater than an estate for a term of years; or

(d) a timber rights purchase area, continued in existence under Part X; or

(e) land the subject of a Forest Management Agreement;

"licence" means a licence issued under Section 91;

[lii]"Managing Director" means the Managing Director of the National Forest Service appointed under Section 34;

"National forest" means a National forest dedicated under Section 3;

"National Forest Plan" means the National Forest Plan drawn up in accordance with Section 47;

"National Forest Service" means the National Forest Service established by Section 33;

"Papua New Guinea Forest Authority" means the Papua New Guinea Forest Authority established by Section 5;

"Provincial Forest Management Committee" means a Provincial Forest Management Committee established by Section 21, and in relation to—

(a) a province—means the Provincial Forest Management Committee for that province; and

(b) a project—means the Provincial Forest Management Committee for the province in which the project is situated;

"project area" means—

(a) in relation to matters specified in Subdivision III.5.A—the area in respect of which tenders are invited; and

(b) in relation to a timber permit—the area in respect of which the timber permit is granted; and

[liii]

"Register" means the Register of Forest Industry Participants and Consultants established by Section 106;

"registered consultant" means a consultant registered under Part IV;

"registered forest industry participant" means a forest industry participant registered under Part IV;

"reserved trees" means trees declared under Section 4 to be reserved trees;

"restricted area" means an area of forest declared to be a restricted area under Section 52;

"State Marketing Agency" means the State Marketing Agency established by Section 42;

"State Purchase Option" means the State Purchase Option under Section 115;

"this Act" includes the Regulations;

"timber" includes fallen trees and felled trees, and all wood whether sawn, hewn, split or otherwise fashioned;

[liv]"timber authority" means a timber authority granted under Section 87 and includes an authority granted under the Forestry Act (Chapter 216) (repealed) and continued by virtue of Section 137;

[lv]"timber permit" means a timber permit granted under Section 73 or 75 and includes—

(a) a permit or licence granted under the Forestry Act (Chapter 216) (repealed) continued by virtue of Section 137; and

(b) an agreement deemed to be a timber permit by virtue of Section 137(1A);

"timber rights" means the rights to fell, cut, remove and dispose of growing or dead trees, whether standing or fallen, and any part of such trees, and any other vegetable growth, and the right to plant, grow and manage trees and to carry out regeneration and reforestation work, and in a National forest includes the right to remove gravel and other roadmaking materials;

"timber rights purchase area" means an area of customary land over which the State has acquired the rights of felling, cutting, removing and disposing of timber under Section 8 of the Forestry Act (Chapter 216) (repealed);

"tree" includes tree, shrub, bush, seedling and re-shoot of any kind and of any age.

3. Dedication of National forests.

The Head of State, acting on advice, may, by notice in the National Gazette, dedicate any Government land as a National forest.

4. Declaration of reserved trees.

The Minister may, by notice in the National Gazette, declare any trees or members of any species or class of trees to be reserved trees.

PART II.—PAPUA NEW GUINEA FOREST AUTHORITY.

Division 1.—Papua New Guinea Forest Authority.

5. Establishment, etc., of Papua New Guinea Forest Authority.

(1) The Papua New Guinea Forest Authority is hereby established.

(2) The Authority—

(a) is a corporation with perpetual succession; and

(b) shall have a seal; and

(d) may sue and be sued in its corporate name.

(3) The common seal of the Authority shall not be affixed to any instrument except in pursuance of a resolution of the Board and the affixing of the seal shall be attested by any two members of the Board.

(4) All courts, Judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed.

6. Objectives of the Authority.

In carrying out its functions under this Act, the Authority shall pursue the following objectives:—

(a) the management, development and protection of the Nation's forest resources and environment in such a way as to conserve and renew them as an asset for succeeding generations;

(b) the maximization of Papua New Guinea participation in the wise use and development of the forest resources as a renewable asset;

(c) the utilization of the Nation's forest resources to achieve economic growth, employment creation and industrial and increased "down-stream" processing of the forest resources;

(d) the encouragement of scientific study and research into forest resources so as to contribute towards a sound ecological balance, consistent with the National development objectives;

(e) the increased acquisition and dissemination of skills, knowledge and information in forestry through education and training;

(f) the pursuit of effective strategies, including improved administrative and legal machinery, for managing forest resources and the management of National, provincial and local interests.

7. Functions of the Authority.

(1) The functions of the Authority are—

(a) to provide advice to the Minister on forest policies and legislation pertaining to forestry matters; and

(b) to prepare and review the National Forest Plan and recommend it to the National Executive Council for approval; and

[lvi](c) through the Managing Director, to direct and supervise the National Forest Service; and

(d) to negotiate Forest Management Agreements; and

(e) to select operators and negotiate conditions on which timber permits, timber authorities and licences may be granted in accordance with the provisions of this Act; and

[lvii](f) [Repealed].

(g) subject to the Customs Act 1951, Customs Tariff Act 1990 and Exports (Control and Valuation) Act 1973, to control and regulate the export of forest produce; and

(h) to oversee the administration and enforcement of this Act and any other legislation pertaining to forestry matters, and of such forestry policy as is approved by the National Executive Council; and

(i) to undertake the evaluation and registration of persons desiring to participate in any aspect of the forestry industry; and

(j) to act as agent for the State, as required, in relation to any international agreement relating to forestry matters; and

(k) to carry out such other functions as are necessary to achieve its objectives or as are given to it under this Act or any other law.

[lviii](2) Subject to this Act and any other law, the Minister may give to the Authority, through the Board, any direction in regard to the carrying out of the functions of the Authority as he considers necessary for the purpose of achieving the objectives of the Authority.

8. Powers of the Authority.

The Authority has, in addition to the powers otherwise conferred on it by this Act and any other law, full powers to do all things that are necessary or convenient to be done for or in connection with the performance of its functions and the achievement of its objectives.

Division 2.—National Forest Board.

9. National Forest Board.

There shall be a National Forest Board which shall carry out the functions and objectives, manage the affairs and exercise the powers of the Authority.

[lix]

10. Membership of The Board.

(1) The Board shall consist of—

(a) the Managing Director, ex officio; and

[lx](b) the Departmental Heads, ex officio, of the Departments responsible for planning and implementation matters and environmental matters respectively or their nominees (who shall be of a level in the Public Service not less than that of Assistant Secretary) appointed by the National Executive Council; and

[lxi](c) a representative of the Papua New Guinea Chamber of Commerce and Industries, nominated by the Chamber, who shall not be a principal or employee of a foreign owned or controlled company dealing in, trading in or contracting in relation to timber; and

[lxii](d) a citizen, being the President of the Association of Foresters of Papua New Guinea, ex officio, or his nominee; and

(e) a provincial administrator, to represent Provincial Governments, appointed by the National Executive Council from a list, submitted to the National Executive Council by the Minister, of two provincial administrators selected by the Minister responsible for provincial affairs in consultation with the Provincial Governors; and

[lxiii](f) subject to Subsection (9), a citizen, being the President of the Papua New Guinea Eco-Forestry Forum, ex officio, or his nominee; and

(g) one member, to represent forest resource owners, appointed by the National Executive Council from a list of two persons selected in accordance with Subsection (2) and submitted to the National Executive Council by the Minister; and

[lxiv](h) one member, with awareness of the concerns of women affected by forestry operations, appointed by the National Executive Council from a list of two persons submitted by the National Council of Women.

(2) Membership under Subsection (1)(g) shall be rotated round the four regions of the country and the method of selection of the two persons on the list referred to in Subsection (1)(g) shall be as follows—

(a) in the case of the first appointment to be made after the coming into operation of the Forestry (Amendment No. 2) Act 1996—

(i) the forest resource owner representatives in each Provincial Forestry Management Committee in each region of the country shall select two representatives for that region;

(ii) the selection process in each region shall be by ballot or other selection process determined by the forest resource owner representatives in each Provincial Forestry Management Committee in that region;

(iii) the Board shall approve the ballot or other selection process and shall ensure that it is overseen by staff of the National Forest Service;

(iv) the names of the representatives selected by each region shall be notified to the Minister who shall, from the representatives, select two persons for the list to be submitted to the National Executive Council; and

(b) in the case of the second appointment to be made after the coming into operation of the Forestry (Amendment No. 2) Act 1996, the procedure set out in Paragraph (a)(i), (ii), (iii) and (iv) shall apply except that the region whose representative was first appointed to the Board shall not be eligible to take part; and

(c) in the case of the third appointment to be made after the coming into operation of the Forestry (Amendment No. 2) Act 1996, the procedure set out in Paragraphs (a)(i), (ii), (iii) and (vi) shall apply, except that the regions whose representatives were first and second appointed to the Board shall not be eligible to take part; and

(d) in the case of the fourth appointment to be made after the coming into operation of the Forestry (Amendment No. 2) Act 1996, only the region which has not had a representative appointed to the Board shall be eligible to take part and shall select representatives in accordance with Paragraphs (a)(i), (ii) and (iii) and shall notify the names to the Minister and those names shall constitute the list; and

(e) in the case of the fifth and subsequent appointments to be made after the coming into operation of the Forestry (Amendment No. 2) Act 1996, each region shall in turn, in the order in which that region had a representative on the Board under Paragraphs (a), (b), (c) and (d), select two representatives in accordance with Paragraph (a)(i), (ii) and (iii) and shall notify the Minister and those names shall constitute the list.

(3) For the purposes of Subsections (2) and (8), "regions of the country" means those regions known as and recognized respectively as Highlands, Islands, Mamose and Papua.

(4) The—

[lxv](a) members referred to in Subsection (1)(e) shall be appointed for a term of two years and are eligible for re-appointment; and

(b) the member referred to in Subsection (1)(g) shall be appointed for a term of two years and is not eligible for immediate re-appointment, but may be so re-appointed when the time for further representation from his region is due; and

[lxvi](c) members referred to in Subsection (1)(c), (d), (f), (g) and (h) shall be entitled to such fees and allowances as are determined by the Minister.

(5) Notification of appointments under Subsection (1) shall be given in the National Gazette.

[lxvii](6) Where a vacancy exists in respect of a member appointed under Subsection (1)(e), (g) or (h), the appropriate procedure as required under the relevant Paragraph should be invoked for the purpose of enabling the Minister to make an appropriate submission to the National Executive Council for an appointment.

[lxviii](7) Where, in a case to which Subsection (6) applies, the Minister has not, within a period of three months of the date on which the vacancy occurred, been furnished names to enable him to make a submission to the National Executive Council for an appointment, the Minister may submit to the National Executive Council a list of two persons whom he considers suitable and appropriate to represent the Provincial Governments, National Council of Women or forest resource owners, as the case may be, and the National Executive Council shall make an appointment from the list.

(8) In the case of a vacancy in respect of a member appointed under Subsection (1)(g), an appointment effected by Subsection (6) or (7) shall be—

(a) in respect of the region of the country represented by the member who vacated office; and

(b) for the balance of the term of office which the member who vacated office would otherwise have served.

[lxix](9) Where the National Executive Council, after considering submissions from the Minister and the Minister responsible for environment and conservation matters, is of the opinion that the Papua New Guinea Eco-Forestry Forum has ceased to become an effective and legitimate body representing eco-forestry interests it shall—

(a) revoke the membership on the Board of the President of the Papua New Guinea Eco-Forestry Forum or his nominee; and

(b) appoint as a member of the Board to represent non-governmental organizations, one person from a list, submitted by the Minister, of at least two persons selected by a nationally recognized body, registered with the Department responsible for home affairs matters, representing non-government organizations,

[lxx]11. Alternate members.

[lxxi](1) For each of the members appointed under Section 10(1)(e) and (g), an alternate member shall be appointed in the same manner and subject to the same conditions and, in the case of a member under Section 10(1)(g) shall be from the same region, as the member for whom he is the alternate.

(2) In the event of the inability to act of a member, the alternate member has and may exercise all his powers, functions, duties and responsibilities and this Act applies accordingly.

[lxxii]12. Chairman and Deputy Chairman.

The members of the Board shall elect—

(a) a member specified in Section 10(1)(b) to be Chairman of the Board; and

(b) another of their number to be Deputy Chairman of the Board.

13. Leave of absence of members, etc.

(1) The Chairman may grant leave of absence to a member on such terms and conditions as the Chairman determines.

(2) The Minister may grant leave of absence to the Chairman or Deputy Chairman on such terms and conditions as the Minister determines.

14. Vacation of office.

[lxxiii]

(1) A member, other than a member appointed under Section 10(1)(a), (b), (c) or (d) may resign his office by writing signed by him and delivered to the Minister.

(2) If a member, or the Chairman or Deputy Chairman—

(a) dies; or

(b) becomes permanently incapable of performing his duties; or

(d) is absent, except with the written consent of the Minister, from three consecutive meetings of the Board; or

(e) fails to comply with Section 18; or

(f) becomes bankrupt, or applies to take the benefit of any law for the benefit of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

(g) is convicted of an offence punishable under a law by a term of imprisonment for one year or longer, or by death, and as a result of the conviction is sentenced to imprisonment or death,

the Minister shall terminate his appointment.

[lxxiv](2A) The membership of the member holding office under Section 10(1)(f) may be revoked in accordance with Section 10(9).

[lxxv](3) [Repealed].

(4) The National Executive Council, may, at any time, by written notice, advise a member or the Chairman or Deputy Chairman that he intends to terminate his appointment on the grounds of inefficiency, incapacity or misbehaviour.

(5) Within 14 days of the receipt of a notice under Subsection (3), the member or the Chairman or Deputy Chairman as the case may be, may reply in writing to the National Executive Council, who shall consider the reply, and, where appropriate, terminate the appointment.

(6) Where the member referred to in Subsection (3) or the Chairman or Deputy Chairman, as the case may be, does not reply in accordance with Subsection (4), his appointment is terminated.

15. Vacancy not to affect powers or functions.

The exercise of a power or the performance of a function of the Board is not invalidated by reason of a vacancy in the membership of the Board.

16. Calling of meetings.

(1) The Board shall meet as often as the business of the Authority requires, and at such times and places as the Board determines, or as the Chairman, or in his absence, the Deputy Chairman, directs, but in any event shall meet not less frequently than once in every four months.

(2) Where he receives a request to do so by the Minister or by not less than two members, the Chairman, or in his absence the Deputy Chairman, shall convene a meeting of the Board within 14 days.

(3) For the purposes of Subsection (1), the Chairman or the Deputy Chairman shall give, to every member, at least 14 days notice of the meeting.

(4) The Minister may, from time to time, request the Board to meet and consider and advise him on matters he may put to the Board.

[lxxvi]

(5) Where he receives a request under Subsection (4), the Chairman shall convene such a meeting within 14 days.

17. Meetings of the Board.

(1) At a meeting of the Board—

[lxxvii](a) six members constitute a quorum;

(b) the Chairman, or in his absence the Deputy Chairman, shall preside, but, if both the Chairman and Deputy Chairman are absent, the members present shall appoint a Chairman for that meeting from among their own number; and

(d) the person presiding has a deliberative, and in the event of an equality of votes on any matter, also a casting vote.

(2) The Board shall cause minutes of its meetings to be recorded and kept.

(3) The Board, in its discretion, may invite persons to attend as observers at any meeting of the Board.

(4) Subject to this Act, the procedures of the Board are as determined by the Board.

18. Disclosure of interest by members.

(1) A member who has a direct or indirect personal interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.

(2) A disclosure under Subsection (1), shall be recorded in the minutes of the Board, and the member—

(a) shall not take part, after the disclosure, in any deliberation or decision of the Board in relation to the matter; and

(b) shall be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

[lxxviii]19. Delegation.

(1) The Minister may, by instrument, delegate to the Board all or any of his powers and functions under this Act (except this power of delegation).

(2) The Board may, by instrument, delegate to the Managing Director all or any of its powers and functions under this Act (except this power of delegation).

20. Reports.

(1) The Board shall, by 31 March in each year, furnish to the Minister a report on the progress and performance of the Authority in relation to its functions during the year ended 31 December previously.

(2) As soon as practicable after he has received the report referred to in Subsection (1), the Minister shall forward—

(a) the report to the Speaker for presentation to the Parliament; and

(b) a copy of the report to each Provincial Government.

Division 3.—Provincial Forest Management Committees.

21. Provincial Forest Management Committees.

The Board shall establish a Provincial Forest Management Committee for each province.

22. Membership of Provincial Forest Management Committees.

(1) A Provincial Forest Management Committee shall consist of—

(a) a senior officer in the administration of the province, nominated by the Provincial Government, who shall be the Chairman; and

[lxxix](b) an officer of the National Forest Service, nominated by the Managing Director; and

(c) one person to represent the Local-level Governments situated within those areas of the province which contain forest resources, who shall be the president of such a Local-level Government nominated by the provincial executive; and

(d) two persons to represent land-owning groups in the province nominated by the Provincial Forest Management Committee; and

(e) one person to represent non-governmental organizations concerned with environmental, social or developmental issues nominated by the National Alliance of Non-Governmental Organizations.

(2) The members of a Provincial Forest Management Committee—

(a) shall be appointed by the Board by notice in the provincial gazette; and

(b) subject to this Act, shall be appointed during the pleasure of the Provincial Forest Management Committee; and

(d) are eligible for re-appointment.

23. Alternate members.

(1) For each of the members of a Provincial Forest Management Committee appointed under Subsection (1)(a), (b), (c) and (e), an alternate member shall be appointed in the same way and subject to the same conditions as the member for whom he is the alternate.

(2) In the event of the inability to act of a member, the alternate member has and may exercise all his powers, functions, duties and responsibilities and this Act applies accordingly.

24. Leave of absence of members.

(1) The Chairman of a Provincial Forest Management Committee may grant leave of absence to a member of that Committee on such terms and conditions as the Chairman determines.

(2) The Chairman of the Board may grant leave of absence to the Chairman of a Provincial Forest Management Committee on such terms and conditions as the Chairman of the Board determines.

25. Vacation of office.

(1) A member of a Provincial Forest Management Committee other than the Chairman may resign his office by writing signed by him and delivered to the Chairman of the Board.

(2) If a member of a Provincial Forest Management Committee—

(a) dies; or

(b) becomes permanently incapable of performing his duties; or

(d) is absent, except with the written consent of the Chairman of that Committee, from three consecutive meetings of the Provincial Forest Management Committee; or

(e) ceases to be employed in the industry or organization he was appointed to represent on the Board; or

(f) fails to comply with Section 29; or

(g) becomes bankrupt, or applies to take the benefit of any law for benefit of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

(h) is convicted of an offence punishable under a law by a term of imprisonment for one year or longer, or by death, and as a result of the conviction is sentenced to imprisonment or death,

the Chairman of the Board shall terminate his appointment.

(3) Where the body which has nominated a member of a Provincial Forest Management Committee appointed under Section 22(1)(e), (f) or (g) requests the Board to terminate the appointment, the Board shall terminate the appointment.

(4) The Chairman of the Board, may, at any time, by written notice, advise a member of a Provincial Forest Management Committee that he intends to terminate his appointment on the grounds of inefficiency, incapacity or misbehaviour.

(5) Within 14 days of the receipt of a notice under Subsection (4), the member may reply in writing to the Chairman of the Board, who shall consider the reply, and, where appropriate, terminate the appointment.

(6) Where the member referred to in Subsection (4), does not reply in accordance with Subsection (5), his appointment is terminated.

26. Vacancy not to affect powers or functions.

The exercise of a power or the performance of a function of a Provincial Forest Management Committee is not invalidated by reason of a vacancy in the membership of that Provincial Forest Management Committee.

27. Calling of meetings.

(1) A Provincial Forest Management Committee shall meet as often as the business of the Committee requires, and at such times and places as the Chairman determines, but in any event shall meet not less frequently than once in every four months.

(2) Where he receives a request to do so by the Board or by the Director-General or by not less than two members, the Chairman shall convene a meeting of the Provincial Forest Management Committee within 14 days.

(3) For the purposes of Subsection (1), the Chairman shall give, to every member, at least 14 days' notice of the meeting.

28. Meetings of the Provincial Forest Management Committee.

(1) At a meeting of a Provincial Forest Management Committee—

(a) four members constitute a quorum; and

(b) the Chairman shall preside, but, if the Chairman is absent, the members present shall appoint a Chairman for the meeting from among their own number; and

(d) the person presiding has a deliberative, and in the event of an equality of votes on any matter, also a casting vote.

(2) A Provincial Forest Management Committee shall cause minutes of its meetings to be recorded and kept.

(3) Where a Provincial Forest Management Committee is deliberating in respect of a particular forest resource, the owners of that particular forest resource shall be entitled to be represented at the meeting of the Provincial Forest Management Committee by two of their number selected by them, who shall be entitled to take part in the deliberations but shall not be entitled to vote.

(4) Subject to this Act, the procedures of a Provincial Forest Management Committee are as determined by that Provincial Forest Management Committee.

29. Disclosure of interest by members.

(1) A member of a Provincial Forest Management Committee who has a direct or indirect personal interest in a matter being considered or about to be considered by that Provincial Forest Management Committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Provincial Forest Management Committee.

(2) A disclosure under Subsection (1) shall be recorded in the minutes of the Provincial Forest Management Committee, and the member—

(a) shall not take part, after the disclosure, in any deliberation or decision of the Provincial Forest Management Committee in relation to the matter; and

(b) shall be disregarded for the purpose of constituting a quorum of the Provincial Forest Management Committee for any such deliberation or decision.

30. Functions of a Provincial Forest Management Committee.

(1) The functions of a Provincial Forest Management Committee are—

(a) to provide a forum for consultation and co-ordination on forest management between the National Government and Provincial Governments, forest resource owners and special interest groups; and

[lxxx]

(b) to undertake continuous consultation with the Chairman of the Provincial Forestry Committee on matters relating to acquisition and allocation of forest resources; and

(c) to assist the Provincial Government in preparing forest plans and forest development programmes, consistent with national and provincial programmes; and

(d) to make recommendations to the Board on—

(i) the preparation and terms of Forest Management Agreements; and

(ii) the selection of operators and the preparation of timber permits; and

(iii) the enforcement of timber permit conditions and of this Act; and

[lxxxi]

(e) to make recommendations to the Chairman of the Provincial Forestry Committee on—

(i) the issue of timber authorities; and

(ii) the extension, renewal, transfer, amendment or surrender of timber authorities; and

(f) to supervise extension services with respect to business management, agroforestry, silviculture, reforestation, environmental protection, processing and marketing; and

(g) to oversee the receipt and distribution of government levies and charges and other benefits due to landowners; and

(h) to assist in the early identification and resolution of land-owning disputes affecting forest resources; and

(i) to carry out such other functions as it is required to carry out by this Act or any other law.

(2) A Provincial Forest Management Committee may, by notice in writing, delegate to the National Forest Service any of its functions under Subsection (1).

31. Reports.

(1) A Provincial Forest Management Committee shall, before 31 March in each year, submit to the Chairman of the Board a report on the activities of the Provincial Forest Management Committee for the year ending 31 December previously.

[lxxxii]

(2) As soon as practicable after receiving a report under Subsection (1), the Chairman of the Board shall forward a copy of the report to the Minister and to the Chairman of the Provincial Forestry Committee.

Division 4.—Other Committees of the Board.

32. Power to establish committees.

(1) The Board—

(a) shall establish such advisory Committees as may be necessary; and

(b) may, from time to time, establish such other Committees to advise on matters pertaining to resource management, research, training and education, marketing and industry development and on such other matters as the Board considers necessary for purposes of the Authority, in accordance with this section.

(2) In establishing a Committee under Subsection (1), the Board shall—

(a) appoint such persons (including members of the Board) as it thinks fit to be members of the Committee; and

(b) specify the functions, powers and procedures of the Committee.

(3) A member of a Committee is subject to the same terms and conditions as a member of the Board, but not both as a member of the Board and as a member of the Committee.

Division 5.—National Forest Service.

33. National Forest Service.

(1) There is established a National Forest Service consisting of—

[lxxxiii]

(a) the Managing Director appointed in accordance with Section 34; and

(b) other officers appointed in accordance with Section 36.

(2) The National Forest Service constitutes the staff of the Authority.

[lxxxiv]

34. Managing Director.

(1) There shall be a Managing Director of the National Forest Service who—

(a) shall be appointed by notice in the National Gazette by the Head of State, acting on the advice of the Minister after consultation with the Board; and

(b) shall be appointed for a period of four years; and

(2) Subject to the Salaries and Conditions Monitoring Committee Act 1988, the terms and conditions of the appointment of the Managing Director are as determined by the Head of State, acting on the advice of the Minister.

[lxxxv]

35 Functions, etc., of the Managing Director.

(1) The Managing Director shall—

(a) manage the National Forest Service, and in relation to the management of the National Forest Service, shall act in accordance with the policy and directives of the Board; and

(b) advise the Board on any matter concerning the Authority referred to him by the Board.

(2) The Managing Director has such other functions as the Minister on advice from the Board may from time to time determine.

[lxxxvi](3) The Managing Director may, by written instrument, delegate to an officer of the National Forest Service all or any of his functions or powers under this Act (except this power of delegation).

36. Appointment of officers.

The Board may appoint to be officers of the National Forest Service such persons as it considers fit and necessary for the purposes of the Authority.

37. Public Service rights.

Where—

[lxxxvii]

(a) an officer of the Public Service is appointed to be Managing Director, his service as Managing Director; and

(b) an officer of the National Forest Service was, immediately before his appointment, an officer of the Public Service, his service as an officer of the National Forest Service,

shall be counted as service in the Public Service for the purpose of determining his rights (if any) in respect of—

(d) furlough, or pay in lieu of furlough (including pay to dependents on the death of the officer).

38. Regulations for the National Forest Service.

(1) The Regulations may make provision in relation to the National Forest Service, and, in particular, may—

(a) subject to the Salaries and Conditions Monitoring Committee Act 1988, prescribe the terms and conditions of employment of officers; and

(b) make provision for a superannuation or other retirement benefits scheme to provide benefits for the staff; and

(d) prescribe disciplinary procedures, creation and abolition of offices, promotion of officers and other matters for the regulation of the National Forest Service.

(2) In the absence of Regulations under Subsection (1), any appropriate provisions of the Public Services (Management) Act 1995 and Regulations and General Orders made thereunder shall, in so far as relevant, apply.

39. Other employees.

[lxxxviii]

(1) The Managing Director may, with the approval of the Board, appoint such other employees as he thinks necessary for the purposes of the Authority.

(2) Employees appointed under Subsection (1) shall be appointed on such terms and conditions as the Board, subject to the Salaries and Conditions Monitoring Committee Act 1988, determines.

40. Consultants.

The Minister may, from time to time—

[lxxxix]

(a) after consultation with the Board and the Managing Director; and

(b) within the limits of funds available for the purpose; and

appoint as employees of the Authority such consultants as, in the opinion of the Minister on advice of the Board, are necessary for the purposes of the Authority.

41. Forest Officers and Forest Inspectors.

(1) The Minister may, on the recommendation of the Board, appoint an officer of the National Forest Service who has obtained the degree or diploma of a recognized forestry school to be a Forest Officer.

(2) The Minister may, on the recommendation of the Board, appoint an officer of the National Forest Service to be a Forest Inspector.

Division 6.—State Marketing Agency.

42. State Marketing Agency.

(1) The Minister may establish, within the Authority as a division of the National Forest Service or otherwise, a State Marketing Agency after consultation with the Board.

(2) If established as a division of the National Forest Service, the management, staffing and control of the State Marketing Agency shall be as determined by the Board.

43. Functions etc., of State Marketing Agency.

(1) The functions of the State Marketing Agency are—

(a) to exercise the State purchase option on logs and other forest produce; and

(b) to be available by mutual agreement for appointment as a general log marketing agent at the discretion of the holder of a timber permit or timber authority; and

(c) to promote Papua New Guinea forest products for export and for domestic use, and to provide promotional material and information to producers and buyers; and

(d) to undertake market intelligence and explore market diversification; and

(e) to provide market intelligence to the Board for export licensing purposes; and

(f) to carry out such other functions as are given to it by this Act or any other law.

(2) Subject to any direction from the National Executive Council on all or any of its functions and powers, the State Marketing Agency has full powers to carry out its functions.

Division 7.—Financial Procedures.

44. Application of Public Finances (Management) Act.

(1) Part VIII of the Public Finances (Management) Act 1995 applies to and in relation to the Authority.

(2) The Authority is a trading enterprise for the purposes of Section 62 of the Public Finances (Management) Act 1995.

45. Application of Audit Act 1989.

The accounts of the Authority shall be audited in accordance with Part III of the Audit Act 1989.

PART III.—FOREST MANAGEMENT AND DEVELOPMENT.

Division 1.—General.

46. Customary resource ownership.

The rights of the customary owners of a forest resource shall be fully recognized and respected in all transactions affecting the resource.

Division 2.—Forest Plans.

Subdivision A.—National Forest Plan.

47. National Forest Plan.

(1) The Authority shall cause to be drawn up a National Forest Plan to provide a detailed statement of how the National and Provincial Governments intend to manage and utilize the country's forest resources.

(2) The National Forest Plan shall—

(a) be consistent with the national forest policy and relevant Government policies; and

(b) be based on a certified National Forest Inventory which shall include particulars as prescribed; and

(i) National Forestry Development Guidelines prepared by the Minister in consultation with the Board and endorsed by the National Executive Council; and

(ii) the National Forest Development Programme; and

(iii) a statement, prepared annually by the Board, of allowable cut volumes, being the amount of allowable cut for each province for the next succeeding year which will ensure that the areas of forest resource set out in the Provincial Forest Plan, for present or future production, are harvested on a sustained yield basis.

(3) For the purposes of Subsection (2)(c)(iii), "allowable cut" means the amount of timber which may be cut annually.

48. National Forest Plan to be presented to Parliament.

As soon as practicable after the National Forest Plan has been drawn up, the Chairman shall send a copy to the Minister who shall table it in the Parliament.

Subdivision B.—Provincial Forest Plans.

49. Provincial Forest Plans.

(1) Each Provincial Government shall, as soon as practicable after the coming into operation of this Act, in consultation with the Provincial Forest Management Committee, and in conformity with the National Forestry Development Guidelines, draw up a Provincial Forest Plan.

(2) A Provincial Forest Plan shall contain—

(a) Provincial Forestry Development Guidelines; and

(b) a five year rolling forest development programme.

(3) Provincial Forestry Development Guidelines referred to in Subsection (2)(a) shall—

(a) provide an overview of the role of forestry in the economy of the province; and

(b) be broadly directed towards areas of industrial, rural, economic and social development objectives; and

(c) set out broad objectives and predictions for the long term of 40 years and, in greater detail, for the medium term of 10 years; and

(d) state how the forestry sub-sector is expected to contribute to the economy; and

(e) be renewed every three years.

50. Provincial Forest Plans to be submitted to Board, etc.

[xc](1) The Chairman of the Provincial Forestry Committee shall, on completion of a Provincial Forest Plan, submit a copy to the Board.

[xci](2) The Board shall consider a Provincial Forest Plan submitted to it under Subsection (1) and, where it considers that the Plan is inconsistent with the National Forest Policy or with the National Forestry Development Guidelines, shall refer it back to the Provincial Government with details of the inconsistency.

[xcii](3) Where a Provincial Forest Plan has been referred back to a Provincial Government under Subsection (2), the Provincial Government shall remove the inconsistency and the Chairman of the Provincial Forestry Committee shall resubmit the Provincial Forest Plan to the Board.

51. Provincial Forest Plan to be sent to Minister, etc.

[xciii]

Where the Board considers that a Provincial Forest Plan submitted under Section 50(1) or resubmitted under Section 50(3) is consistent with the National Forestry Development Guidelines, it shall—

[xciv]

(a) notify the Chairman of the Provincial Forestry Committee, who shall table a copy of the Provincial Forest Plan in the provincial assembly; and

(b) send a copy of the Provincial Forest Plan to the Minister.

Division 3.—Forest Protection.

52. Restricted area.

[xcv]

(1) Where the Managing Director considers that an area of forest is endangered by hazardous fire conditions, he may declare that the area shall be a restricted area on and from a date specified in the declaration.

[xcvi]

(2) As soon as practicable after making a declaration under Subsection (1), the Managing Director shall—

(a) cause it to be published in the National Gazette; and

(b) bring it to the notice of the public in whatever manner he considers to be most effective.

53. Burning permits.

A Forest Officer may issue to a person a burning permit authorizing that person to ignite and maintain an open fire in a restricted area on such conditions as may be specified in the burning permit.

Division 4.—Resource Acquisition, etc.

54. Forest resource development to accord with National Forest Plan.

Forest resources shall only be developed in accordance with the National Forest Plan.

[xcvii]55. Types of land on which, and manner in which forest industry activities may be permitted.

[xcviii](1) Subject to Subsection (2), only a forest industry participant may exercise timber rights on land which is—

(a) Government land—as approved by the Board; and

(b) State leasehold land—where the lessee consents and subject to the conditions of the lease; and

(d) private freehold—where the owner consents; and

(e) customary land—where—

(i) a Forest Management Agreement in accordance with this Division has been entered into between the customary owners and the Authority; or

(ii) a timber authority has been granted; or

(iii) a clearing authority has been granted under Section 90B or 90D.

(2) A forest industry participant may carry out forest industry activities only under and in accordance with—

(a) a timber permit granted under Section 73; or

(b) a timber authority granted under Section 87; or

[xcix](d) a forest clearing authority under Section 90B or 90D; or

[c](e) an authority to carry out large scale agriculture or other land use development under Section 90B where forest industry activities are to be carried out; or

[ci](f) an authority to carry out roadline clearance under Section 99D where forest industry activities are to be carried out.

56. Acquisition of timber rights, etc., by the Authority.

[cii](1) Subject to this Division, the Authority may acquire timber rights from customary owners pursuant to a Forest Management Agreement between the customary owners and the Authority.

(2) An acquisition under Subsection (1) is not valid, and no Forest Management Agreement is valid, unless it is approved by the Minister.

(3) No acquisition under this section shall affect the customary rights of ownership of the land.

[ciii]57. Obtaining consent of customary owners to Forest Management Agreement.

(1) Where it is proposed to enter into a Forest Management Agreement over customary land, the title of the customary owners to that land shall be—

(a) vested in a land group or land groups incorporated under the Land Groups Incorporation Act 1974; or

(b) registered under a law providing for the registration of title to customary land.

[civ]

(2) Where it is impractical to give effect to the requirements of Subsection (1)(a) or (b), a Forest Management Agreement may be executed on behalf of customary groups who are customary owners in respect of the land covered by the Agreement, by agents of such groups, provided that—

(a) such agents are authorized to so act in a manner which is consistent with the custom of the group they represent; and

(b) 75% of the adult members resident on the land of each such group give written consent to their group entering into the Agreement.

58. Forest Management Agreement.

A Forest Management Agreement shall—

(a) be in writing; and

(b) specify the monetary and other benefits, if any, to be received by the customary owners in consideration for the rights granted; and

(c) specify the estimated volume or other measure of quantity of merchantable timber in the area covered by the Agreement; and

(d) specify a term of sufficient duration in order to allow for proper forest management measures to be carried out to completion; and

(e) be accompanied by a map showing clearly the boundaries of the area covered by the Agreement; and

(f) contain a certificate from the Provincial Forest Management Committee to the effect that it is satisfied as to—

(i) the authenticity of the tenure of the customary land alleged by the persons or land group or groups claiming to be the customary owners; and

(ii) the willingness of those customary owners to enter into the agreement; and

[cv](g) [Repealed].

59. Board to consult with customary owners and provincial governments.

[cvi]Where the Authority has entered into a Forest Management Agreement, the Board shall consult with—

(a) the customary owners who are parties to that Agreement; and

(b) the provincial government for the province in which the area covered by the Agreement is situated; and

(c) the member or members of Parliament for the Province and the electorate or electorates in which the area covered by the agreement is situated,

in relation to the intentions of the Board in recommending the allocation of a timber permit over or in relation to that area.

[cvii]

60. Rights under Forest Management Agreement.

Where the Authority enters into a Forest Management Agreement—

(a) subject to this Act and the terms and conditions of the Agreement, the Authority may assign timber rights acquired under the Agreement to one or more other persons; and

(b) for the purposes of exercising timber rights, the Authority, and persons claiming under the Authority may, according to the terms of the Agreement—

(i) enter on land covered by the Agreement; and

(ii) build, maintain and use roads, wharves, bridges, buildings and other infrastructure on land covered by the Agreement; and

(iii) use gravel on land covered by the Agreement free of charge for the purposes of Subparagraph (ii).

Division 5.—Resource Allocation.

Subdivision A.—General.

61. Forest development project.

[cviii]

Subject to Sections 64(3) and 87(4), a forest development project shall be carried out only after advertisement and in accordance with the procedure set out in this Part.

[cix]

62. Development options study by the Board.

[cx]

(1) Subject to Subsection (2), before advertising a tender for a forest development project, the Board shall arrange for a development options study to be carried out over the proposed project area.

[cxi]

(2) A development options study under Subsection (1) is not necessary—

[cxii]

(a) where the proposed annual allowable cut of a forest development project shall not exceed 5000m³; or

(b) for the harvesting of forest plantations; or

[cxiii]

(3) A development options study under Subsection (1) shall—

(a) be carried out by the National Forest Service or as contracted out by the Board; and

(b) be carried out in accordance with directions given by the appropriate Provincial Forest Management Committee; and

(d) identify feasible options for development of the area and investigate—

(i) means of landowner participation in such development; and

(ii) possible environmental and social impacts of such development; and

(iii) in respect of any forest products to be harvested from the area—the feasibility of local processing and marketing prospects generally.

(4) The Board shall make available to the Minister and the Provincial Forest Management Committee true copies of the feasibility study.

63. Project guidelines.

[cxiv]

(1) After completion of a development options study under Section 62, the Provincial Forest Management Committee shall, in consultation with the owners of the forest resource the subject of the forest development project and the Provincial Government concerned, prepare draft guidelines on the manner in which the project is to be developed.

(2) The Provincial Forest Management Committee shall submit draft guidelines under Subsection (1) to the Board, which shall review them and issue final guidelines for the project.

(3) The final guidelines under Subsection (2) shall be the guidelines for enabling intending parties to submit project proposals and shall be utilized for the purposes of—

(a) evaluating applications for; and

(b) setting conditions in,

timber permits relating to the project.

64. Advertisement of project.

(1) Subject to Subsection (3), after completion of—

(a) a feasibility study under Section 62; and

(b) project guidelines under Section 63,

the Board shall advertise the forest development project and seek expressions of interest from registered forest industry participants.

(2) Advertisement under Subsection (1)—

(a) shall be made in Papua New Guinea; and

(b) may be made outside Papua New Guinea; and

(d) shall specify a date on or before which project proposals for timber permits may be lodged.

[cxv](3) Where a forest development project—

(a) is contiguous to any existing approved timber permit operations and the holders of timber permits of the existing timber permit operations have, in the opinion of the Board, a record of satisfactory performance in the forestry industry and have complied with their contractual obligations under all timber permits held by them at any time and such persons are acceptable to the landowners in the forest development project area; and

(b) is the subject of development option studies carried out under Section 62; and

(d) is consistent with the National Forest Development Program; and

(e) is, in the opinion of the Board, so small on its own that it is unable to operate as as commercially sustainable forest development project,

the Board may determine that the forest development project shall be an extension of one of the existing approved timber permit operations.

[cxvi](4) If, in the event that the Board determines under Subsection (3) that the forest development project shall be an extension of an existing approved operation, then, subject to Subsections (5) and (6), all timber permit holders whose timber permit operations are contiguous to the forest development project shall be invited by the Board to make project proposals in respect to the forest development project.

[cxvii](5) If any timber permit holder referred to in Subsection (4), has at any time already been granted an extension into a forest development project area, such timber permit holder shall not, except with the endorsement of the National Executive Council, be eligible to be invited by the Board to make application for a project proposal under Subsection (4).

[cxviii](6) Any extension granted shall be made only on the basis that—

(a) the forest resources within the forest development project shall be used primarily to sustain an existing processing facility; and

(b) the existing timber permit area and the forest development project area shall be consolidated under the one timber permit and the consolidated timber permit area shall be managed and harvested on a sustainable harvest yield basis.

[cxix](7) Subdivision III.5.B shall apply to a forest development project as if it has otherwise been advertised.

[cxx]65. Registered forest industry participant may apply for permission to carry out development options study, etc.

[cxxi]A registered forest industry participant may apply to the Managing Director for permission for himself or for a registered consultant engaged by him to enter the project area for the purposes only of carrying out—

[cxxii](a) development options study; and

(b) appraisal of the forest resources; and

[cxxiii]relating to the project, and where the Managing Director is satisfied that the conditions of registration of the applicant are appropriate to the project, he shall grant such permission.

Subdivision B.—Project Proposals and Agreements.

66. Project proposals.

(1) A registered forest industry participant may make project proposals in relation to a forest development project advertized under Section 64.

(2) Project proposals under Subsection (1) shall—

(a) be in the prescribed form; and

[cxxiv](b) be lodged with the Managing Director; and

(d) be accompanied by—

(i) the prescribed fee; and

(ii) the prescribed particulars.

67. Project proposals to be referred to Provincial Forest Management Committee for evaluation.

[cxxv]

(1) The Managing Director shall refer project proposals lodged under Section 66 to the Provincial Forest Management Committee for evaluation.

(2) An evaluation of project proposals will be made against—

(a) the National Forestry Development Guidelines; and

(b) the specific guidelines for the project prepared in accordance with Section 63; and

(d) any relevant Provincial Government policies, provided that they are not inconsistent with the National Forest Policy; and

(e) the commercial viability of the project (including the financial resources of the applicant, the past performance of the applicant in forest industry and other projects, analysis of projected cash flows and the anticipated net benefit to the resource owners and to the State).

(3) In making an evaluation under this section, a Provincial Forest Management Committee shall at all times obtain the assistance of the National Forest Service and of any relevant Department.

68. Provincial Forest Management Committee may seek clarification of proposals.

[cxxvi](1) Where, following an evaluation under Section 67, the Provincial Forest Management Committee is of the opinion that project proposals for a timber permit merit further consideration, it may invite the proponent to provide such further information in order to clarify or elaborate on the proposals as the Committee considers necessary.

(2) Any further information referred to in Subsection (1) may be obtained at interview or by written submission.

(3) The Provincial Forest Management Committee shall evaluate, in accordance with the principles specified in Section 67(2), any further information required and obtained under this section.

69. Provincial Forest Management Committee to give recommendations, etc., to proposals.

Where the Provincial Forest Management Committee is satisfied with—

(a) its evaluation under Section 67; and

(b) any further evaluation under Section 68,

it shall prepare a detailed report of its evaluations including a recommendation as to the proponents (if any) with whom further negotiation should proceed and submit the report and recommendations to the Board.

70. Board to consider report, etc.

(1) The Board shall—

(a) consider and consult with the Minister on a report and recommendations submitted to it under Section 69; and

[cxxvii](b) subject to Subsection (2), direct the Provincial Forest Management Committee with which proponents, if any, it should enter into further negotiations with a view to negotiating a project agreement and advise the Provincial Forest Management Committee of any comments by the Minister; and

(c) in conjunction with the Provincial Forest Management Committee, set the parameters within which such negotiations shall be conducted; and

(d) assist the Provincial Forest Management Committee to set up negotiating committees.

[cxxviii](2) A project agreement referred to in Subsection (1)(b) may be entered into with a person (natural or corporate) other than a proponent with whom further negotiations were entered into under Subsection (1)(b), provided that the proponent is a shareholder of or contractor in the project to that person.

71. Provincial Forest Management Committee to enter into negotiations.

The Provincial Forest Management Committee shall—

(a) negotiate a project agreement in accordance with Section 70; and

(b) submit the final draft of the project agreement to the Board.

72. Board to consider agreement and make recommendations to the Minister.

(1) The Board shall—

(a) consider a draft project agreement submitted to it under Section 71 or Subsection (2); and

(b) where satisfied that the draft project agreement makes adequate provision for all aspects of the project—

(i) execute the project agreement on behalf of the Authority; and

[cxxix](ii) recommend to the Minister to grant a timber permit to the person with whom the project agreement has been entered into; and

[cxxx](c) where not satisfied that the draft project agreement makes adequate provision for all aspects of the project—return the draft project agreement to the Provincial Forest Management Committee with details of the matters therein requiring further negotiation.

(2) Where a draft project agreement has been returned to a Provincial Forest Management Committee under Subsection (1)(c), the Provincial Forest Management Committee shall carry out such further negotiations as are necessary and submit a further final draft project agreement for consideration by the Board in accordance with Subsection (1).

Subdivision C.—Timber Permit.

73. Duties of Minister on recommendation.

[cxxxi]

(1) Where the Minister accepts a recommendation from the Board under Section 72, he shall invite the person with whom the Authority has entered into a project agreement under Section 72(1)(b)(i) to make an application under Section 77 and, within 30 days of a duly completed application being made, grant a timber permit to that person.

(2) A timber permit shall—

(a) be in the prescribed form; and

(b) include a description of the project area; and

(d) specify the term, which term shall be no more than the term of any Forest Management Agreement relating to the project area; and

(e) where the term specified in Paragraph (d) exceeds 10 years, provide for the terms and conditions of the permit to be reviewed by the Board on the expiry of 10 years and on the expiry of every successive period of five years; and

(f) specify the rate of royalties, levies and charges to be paid; and

(g) make provision for the construction and/or use of roads, bridges and other infrastructural requirements; and

(h) require a performance bond in accordance with Section 98 for an amount specified in the permit; and

(i) relate to the project agreement under Section 72(1)(b)(i); and

(j) contain such other conditions as may be prescribed.

[cxxxii]

(3) The effect of a timber permit is to authorize the holder to carry out the operations specified therein in the project area for the term and subject to the conditions specified therein and in accordance with the project statements, five year working plans and annual logging plans in respect of the project as from time to time are approved by the Board under Section 99.

(4) Where the Minister does not accept a recommendation under Section 72, he shall refer the matter back to the Board, with reasons for his non-acceptance of the recommendation, for reconsideration by the Board.

74. Board to reconsider, etc., referral by Minister under Section 73.

The Board shall reconsider any referral back to it under Section 73 and shall thereafter make a final recommendation on the matter to the Minister.

75. Duties of Minister on receipt on final recommendation from the Board.

[cxxxiii]

(1) Where the Minister accepts a final recommendation from the Board under Section 74, he shall invite the person with whom the Authority has entered into a project agreement under Section 72(1)(b)(i) to make an application under Section 77 and, within 30 days of a duly completed application being made, grant a timber permit to that person.

(2) Where the Minister does not accept a final recommendation from the Board under Section 74, he shall refer the matter, together with the recommendation of the Board and his reasons for not accepting it, to the National Executive Council.

76. National Executive Council to direct Minister to accept or reject recommendation.

(1) The National Executive Council shall consider any matter referred to it under Section 75(2) and shall direct the Minister to—

(a) accept; or

(b) reject,

the project proposals.

(2) The Minister shall—

(a) comply with a direction under Subsection (1); and

(b) advise the Board of the direction; and

(3) In its direction to the Minister under Subsection (1), the National Executive Council may direct the Minister to comply with certain requirements it may impose.

[cxxxiv](4) Where a direction under Subsection (1) is to reject the recommendation of the Board, the National Executive Council shall direct the Minister to refer the matter back to the Board for the Board either to—

(a) renegotiate such terms and conditions in the project agreement executed under Section 72(1)(b)(i) as are specified by the National Executive Council as requiring renegotiation; or

(b) re-advertise the forest development project under Section 64 and take action thereafter in the manner required under this Division.

[cxxxv]

77. Application for a timber permit.

(1) A person who is invited to do so under Section 73(1) or 75(1) may make application for a timber permit.

(2) An application under Subsection (1) shall be—

(a) in the prescribed form; and

(b) lodged with the Managing Director; and

(i) the prescribed fee; and

(ii) the prescribed particulars; and

(iii) an environmental plan which has been approved under the Environmental Planning Act 1978.

78. Extension or renewal of timber permit.

(1) The holder of a timber permit may apply to the Board for extension or renewal of the term of the permit.

(2) An application under Subsection (1) shall—

(a) be in the prescribed form; and