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Forestry Regulation 1998 (Consolidated to No 1 of 2001)
Forestry Regulation 1998,
Being a Regulation to
repeal and replace the Forestry Regulation 1992,
MADE by the Head of State,
acting with, and in accordance with, the advice of the National Executive
Council under the Forestry Act 1991, to be deemed to have come into
operation on 24 January 1996.
1. Interpretation.
In this Regulation, unless the contrary
intention appears—
"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), by a person where the
timber or rattan harvest, processed, purchased, sold or arranged or procured to
be purchased or sold, by that person in a calendar year exceeds—
(i) 500m3 in
volume; or
(ii) in the case of sandalwood or
rattan—K20,000 in market value;
"repealed Acts" means the
Acts referred to in Section 136 of the Act.
2. Dedication of National Forests.
A Notification in the National Gazette
of a dedication of Government land as a National Forest under Section 3 of the
Act shall be in Form 1 of Schedule 1.
3. Declaring of reserved trees.
(1) A declaration by the Minister
pursuant to Section 4 of the Act in the National Gazette declaring any trees or
members of any species or class of tree to be reserved trees shall be in Form 2
of Schedule 1.
(2) A person, who wilfully destroys
or damages any tree or member of any species or class of trees declared to be reserved
trees under Section 4 of the Act, is guilty of an offence.
Penalty: A fine not exceeding
K10,000.00.
4. Power of Authority to enter into contracts.
The Authority may, in accordance with
the following procedure, enter into agreements for the carrying out of the
purposes of the Act:—
(a) in the case of a Forest Management
Agreement, project agreement or any agreement which, if made between private
persons, would by law be required to be in writing and under seal—by affixing
the seal in accordance with Section 5(3) of the Act;
(b) any agreement which if made between
private persons, would by law be required to be in writing signed by the
parties—in writing signed by the Chairman and another member of the Board
pursuant to a resolution of the Board or by any two officers of the National
Forest Service authorized by the Board; and
(c) any agreement which, if made
between private persons, would by law be valid although nor reduced into
writing—orally by any member of the Board pursuant to a resolution of the Board
or by any officer of the National Forest Service authorized by the Board to do
so.
5. Minister's direction to the Authority.
Any direction to the Authority by the
Minister under Section 7(2) of the Act shall be in Form 3 of Schedule 1.
6. Grant of leave of absence by the Chairman to a
member or alternate member of the Board.
A grant of leave of absence by the
Chairman to a member or alternate member of the Board under Section 13(1) of
the Act shall be in Form 4 of Schedule 1.
7. Grant of leave of absence by the Minister to
the Chairman or Deputy Chairman of the Board.
A grant of leave of absence by the
Minister to the Chairman or Deputy Chairman of the Board under Section 13(2) of
the Act shall be in Form 5 of Schedule 1.
8. Resignation of office by a Board member or
alternate member.
A resignation of office by a Board
member or alternate member under Section 14(1) of the Act shall be in Form 6 of
Schedule 1.
9. Termination of a Board member or alternate
member by the Minister.
A termination of a Board Member or
Alternate Member by the Minister under Section 14(2) of the Act shall be in
Form 7 of Schedule 1.
10. Notice of intention by National Executive
Council to a member or alternate member of the Board that it intends to
terminate his appointment.
A notice of intention by the National
Executive Council to a member or alternate member of the Board that it intends
to terminate his appointment under Section 14(4) of the Act shall be in Form 8
of Schedule 1
11. Representation to National Executive Council
from Chairman or Deputy Chairman or member or alternate member of the Board.
A representation to the National
Executive Council from the Chairman, Deputy Chairman, Member or Alternate
Member of the Board under Section 14(5) of the Act shall be in Form 9 of
Schedule 1.
12. Termination by National Executive Council of
appointment of Chairman, Deputy Chairman, member or alternate member of the
Board of the Forest Authority.
A termination by the National Executive
Council of the appointment of the Chairman, Deputy Chairman, Member or
Alternate Member of the Board of the Forest Authority under Section 14(5) shall
be in Form 10 of Schedule 1.
13. Determination of the Board to convene a meeting
of the Board.
A determination of the Board to convene
a meeting of the Board under Section 16(1) of the Act shall be in Form 11 of
Schedule 1.
14. Convening of Board meeting pursuant to a
direction by the Chairman or Deputy Chairman of the Board.
The convening of a Board meeting
pursuant to a direction by the Chairman or Deputy Chairman of the Board under
Section 16(1) of the Act shall be in Form 12 of Schedule 1.
15. Request by Minister to Chairman or Deputy
Chairman of the Board to convene a meeting of the Board.
A request by the Minister to the
Chairman or Deputy Chairman of the Board to convene a meeting of the Board
under Section 16(2) of the Act shall be in Form 13 of Schedule 1.
16. Request by not less than two members of the
Board to the Chairman or Deputy Chairman of the Board to convene a meeting of
the Board.
A request by not less than two members
of the Board to the Chairman or Deputy Chairman of the Board to convene a
meeting of the Board under Section 16(2) of the Act shall be in Form 14 of
Schedule 1.
17. Convening of a Board meeting by Chairman or
Deputy Chairman pursuant to a request by the Minister.
The convening of a Board meeting by the
Chairman or Deputy Chairman pursuant to a request by the Minister under Section
16(2) of the Act shall be in Form 15 of Schedule 1.
18. Convening of a Board meeting by Chairman or
Deputy Chairman pursuant to a request by two or more members of the Board.
The convening of a Board meeting by the
Chairman or Deputy Chairman pursuant to a request by two or more members of the
Board under Section 16(2) of the Act shall be in Form 16 of Schedule 1.
19. Request by Minister to Chairman or Deputy
Chairman of the Board to convene a meeting of the Board.
A request by the Minister to the
Chairman or Deputy Chairman of the Board to convene a meeting of the Board
under Section 16(4) of the Act shall be in Form 17 of Schedule 1.
20. Convening a Board meeting by Managing Director
pursuant to a request to the Board by the Minister.
The convening of a Board meeting by the
Managing Director pursuant to a request to the Board by the Minister under
Section 16(5) of the Act shall be in Form 18 of Schedule 1.
[ccxlvi]21. Minister's consultation with Board on proposed
delegation of Board's powers[repealed].
[ccxlvii]22. Delegation of Minister's powers and
functions to the Board.
A delegation by the Minister of all or
any of his powers and functions under Section 19(1) of the Act to the Board
shall be in Form 20 of Schedule 1.
[ccxlviii]23. Delegation of Board's powers and
functions to the Managing Director.
A delegation by the Board of all or any
of its powers and functions under Section 19(2) of the Act to the Managing
Director shall be in Form 21 of Schedule 1.
24. Letter of Transmittal by the Board to the
Minister of an Annual Report of the Board.
A letter of Transmittal by the Board to
the Minister of an Annual Report of the Board under Section 20(1) of the Act
shall be in Form 22 of Schedule 1.
25. Letter of Transmittal by the Minister to
Provincial Governments of an Annual Report of the Board.
A letter of Transmittal by the Minister
to a Provincial Government of an Annual Report of the Board under Section
20(2)(b) of the Act shall be in Form 23 of Schedule 1.
26. Appointment of members and alternate members of
a Provincial Forest Management Committee.
A notification in the Provincial
gazette of an appointment of members and alternate members of a Provincial
Forestry Management Committee under Section 22(2) and 23(1) of the Act shall be
in Form 24 of Schedule 1.
27. Appointment of members of Provincial Forest
Management Committees.
A notification in the Provincial
gazette of an appointment of members of a Provincial Forest Management
Committee under Section 22(2) of the Act shall be in Form 25 of Schedule 1.
28. Revocation of appointment and appointment of
members of Provincial Forest Management Committee.
A revocation of appointment and
appointment of a member of a Provincial Forest Management Committee under
Section 22(2) of the Act to be notified in the provincial gazette shall be in
Form 26 of Schedule 1.
29. Revocation of appointment and appointment of
alternate members of the Provincial Forest Management Committee.
A revocation of appointment and
appointment of an alternate member of a Provincial Forest Management Committee
under Section 22(2) of the Act to be notified in the provincial gazette shall
be in Form 27 of Schedule 1.
30. Grant of Leave of Absence by the Chairman of a
Provincial Forest Management Committee to a member or alternate member of the
Committee.
A grant of leave of absence by the
Chairman of a Provincial Forest Management Committee to a member or alternate
member of the Committee under Section 24(1) of the Act shall be in Form 28 of
Schedule 1.
31. Grant of Leave of Absence by the Chairman of the
Forest Board to the Chairman of a Provincial Forest Management Committee.
A grant of leave of absence by the
Chairman of the Board to the Chairman of a Provincial Forest Management
Committee under Section 24(2) of the Act shall be in Form 29 of Schedule 1.
32. Resignation of office by a member or alternate
member of a Provincial Forest Management Committee.
The resignation of office by a member
or alternate member of a Provincial Forest Management Committee under Section
25(1) of the Act shall be in Form 30 of Schedule 1.
33. Termination of a member or alternate member of a
Provincial Forest Management Committee by the Chairman of the Board.
The termination of a member or
alternate member of a Provincial Forest Management Committee by the Chairman of
the Board under Section 25(2) of the Act shall be in Form 31 of Schedule 1.
34. Request to Board by a body which has nominated a
member or alternate member to a Provincial Forest Management Committee to
terminate the appointment.
A request to the Board by a body which
has nominated a member or alternate member to a Provincial Forest Management
Committee to terminate the appointment under Section 25(3) of the Act shall be
in Form 32 of Schedule 1.
35. Termination by Board of appointment of a
member/alternate member of a Provincial Forest Management Committee.
A termination by the Board of the
appointment of a member or alternate member of a Provincial Forest Management
Committee under Section 25(3) of the Act shall be in Form 33 of Schedule 1.
36. Notice of intention by the Chairman of the Board
to a member or alternate member of a Provincial Forest Management Committee
that he intends to terminate his appointment.
A notice of intention by the Chairman
of the Board to a member or alternate member of a Provincial Forest Management
Committee that he intends to terminate his appointment under Section 25(4) of
the Act shall be in Form 34 of Schedule 1.
37. Representation to Chairman of the Board from a
member or alternate member of a Provincial Forest Management Committee.
A representation to the Chairman of the
Board from a member or alternate member of a Provincial Forest Management
Committee under Section 25(5) of the Act shall be in Form 35 of Schedule 1.
38. Termination by Chairman of the Board of
appointment of member or alternate member of a Provincial Forest Management
Committee.
The termination by the Chairman of the
Board of the appointment of a member or alternate member of a Provincial Forest
Management Committee under Section 25(5) or 25(6) of the Act shall be in Form
36 of Schedule 1.
39. Determination by the Chairman of a Provincial
Forest Management Committee to convene a meeting of the Committee.
A determination by the Chairman of a
Provincial Forest Management Committee to convene a meeting of the Committee
under Section 27(1) of the Act shall be in Form 37 of Schedule 1.
40. Request to the Chairman of a Provincial Forest
Management Committee by the Board or Managing Director of the National Forest
Service to convene a meeting of the Committee.
A request to the Chairman of a
Provincial Forest Management Committee by the Board or the Managing Director of
the National Forest Service to convene a meeting of the Committee under Section
27(2) of the Act shall be in Form 38 of Schedule 1.
41. Request to the Chairman of a Provincial Forest
Management Committee by not less than two members to convene a meeting of the
Committee.
A request to the Chairman of a
Provincial Forest Management Committee by not less than two members to convene
a meeting of the Committee under Section 27(2) of the Act shall be in Form 39
of Schedule 1.
42. Convening of a Provincial Forest Management
Committee by the Chairman of the Provincial Forest Management Committee
pursuant to a request by the Board or Managing Director of the National Forest
Service or of not less than two members of the Provincial Forest Management
Committee.
The convening of a Provincial Forest
Management Committee by the Chairman of the Provincial Forest Management
Committee pursuant to a request by the Board or Managing Director of the
National Forest Service or by not less than two members of the Provincial
Forest Management Committee under Section 27(2) of the Act shall be in Form 40
of Schedule 1.
43. Provincial Forest Management Committee Notice to
the owners of a Forest Resource.
A Provincial Forest Management
Committees notice to the owner of a Forest Resource under Section 28(3) of the
Act shall be in Form 41 of Schedule 1.
44. Delegation of Provincial Forest Management
Committee's functions to the National Forest Service.
A delegation of a Provincial Forest
Management Committee's functions to the National Forest Service under Section
30(2) of the Act shall be in Form 42 of Schedule 1.
45. Letter of transmittal of an Annual Report of a
Provincial Forest Management Committee to the Chairman of the Board.
A letter of transmittal of an Annual
Report of a Provincial Forest Management Committee under Section 31(1) of the
Act shall be in Form 43 of Schedule 1.
46. Annual Report of the Provincial Forest
Management Committee.
An Annual Report of a Provincial Forest
Management Committee under Section 31(1) of the Act shall be in Form 44 of
Schedule 1.
47. Letter of transmittal of an Annual Report of a
Provincial Forest Management Committee by the Chairman of the Board to the
Minister and the Chairman of the Committee in the Provincial Executive Council
Responsible for Forestry Functions in a Provincial Government.
A letter of Transmittal of an Annual
Report of a Provincial Forest Management Committee by the Chairman of the Board
to the Minister and the Chairman of the Committee in the Provincial Executive
Council responsible for Forestry Functions in a Provincial Government under
Section 31(2) of the Act shall be in Form 45 of Schedule 1.
48. Establishment of an Advisory Committee of the
Board.
The establishment of an Advisory
Committee of the Board under Section 32 of the Act shall be in Form 46 of
Schedule 1.
49. Appointment to an Advisory Committee of the
Board.
The appointment of a person to an
Advisory Committee of the Board under Section 32(2)(a) of the Act shall be in
Form 47 of Schedule 1.
50. Board's advice to the Minister on other
functions of the Managing Director.
The Board's advice to the Minister on
other functions of the Managing Director under Section 35(2) of the Act shall
be in Form 48 of Schedule 1.
51. Determination by the Minister for Forests on
other functions to be carried out by the Managing Director.
A determination by the Minister for
Forests on other functions to be carried out by the Managing Director under
Section 35(2) of the Act shall be in Form 49 of Schedule 1.
52. Delegation of powers by Managing Director.
A delegation of powers by the Managing
Director under Section 35(3) of the Act shall be in Form 50 of Schedule 1.
53. National Forest Service.
(1) Subject to the Salaries and
Conditions Monitoring Committee Act 1988, the terms and conditions of
employment of officers of the National Forest Service, excluding the Managing
Director—
(a) may provide for the employment of
certain officers under a contract of employment for a specified term; and
(b) shall otherwise be as determined by
the Board.
(2) Subject to the Salaries and
Conditions Monitoring Committee Act 1988, the provision for a
superannuation or other retirement benefits scheme to provide benefits for the
staff, the provision for a home ownership scheme for citizen officers and
disciplinary procedures including the creation and abolition of offices and the
promotion of officers shall be as determined by the Board.
54. Minister's consultation with Board on proposed
appointment of consultant.
The Minister's consultation with the
Board on a proposed appointment of the Consultant under Section 40 of the Act
shall be in Form 51 of Schedule 1.
55. Board's and Managing Director's advice to
Minister on proposal by Minister to appoint a consultant.
The Board's and the Managing Director's
advice to the Minister on a proposal by the Minister to appoint a consultant
under Section 40 of the Act shall be in Form 52 of Schedule 1.
56. Appointment of consultant by the Minister.
An appointment of a Consultant by the
Minister under Section 40 of the Act shall be in Form 53 of Schedule 1.
57. Board recommendation to Minister to appoint
Forest Officers.
A Board's recommendation to the
Minister to appoint Forest Officers under Section 41(1) of the Act shall be in
Form 54 of Schedule 1.
58. Instrument of appointment of Forest Officers.
An instrument of appointment of Forest
Officers by the Minister under Section 41(1) of the Act shall be in Form 55 of
Schedule 1
59. Board recommendation to Minister to appoint
Forest Inspectors.
A Board's recommendation to the
Minister to appoint Forest Inspectors under Section 41(2) of the Act shall be
in Form 56 of Schedule 1.
60. Instrument of appointment of Forest Inspectors.
An instrument of appointment of Forest
Inspectors by the Minister under Section 41(2) of the Act shall be in Form 57
of Schedule 1.
61. Minister's consultation with the Board on
proposed establishment of a State Marketing Agency.
The Minister consultation with the
Board on a proposed establishment of a State Marketing Agency under Section
42(1) of the Act shall be in Form 58 of Schedule 1.
62. Board's advice to Minister for Forest on
proposal by Minister to establish a State Marketing Agency.
The Board's advice to the Minister on
the Minister's proposal to establish a State Marketing Agency shall be in Form
59 of Schedule 1.
63. Determination by the Board for the management
staffing and control of the State Marketing Agency established as a Division of
the National Forest Service by the Minister.
A determination by the Board for the
management, staffing and control of a State Marketing Agency established as a
division of the National Forest Service by the Minister under Section 42(2) of
the Act shall be in Form 60 of Schedule 1.
64. Establishment of a State Marketing Agency as a
Division of the National Forest Service by the Minister or otherwise.
An establishing of a State Marketing
Agency as a Division of the National Forest Service by the Minister or
otherwise under Section 42(1) of the Act shall be in Form 61 of Schedule 1.
65. Notice to Minister for Finance of Board's
intention to execute a Project Agreement and seeking the Minister for Finance's
approval.
A Notice to the Minister for Finance of
the Board's intention to execute a Project Agreement and seeking the Minister
for Finance's approval under Section 61(2) of the Public Finances
(Management) Act 1995 shall be in Form 62 of Schedule 1.
66. Minister for Finance's approval for Board to
execute a Project Agreement.
An approval by the Minister for Finance
for the Board to execute a Project Agreement under Section 61(2) of the Public
Finances (Management) Act 1995 shall be in form 63 of Schedule 1.
67. Notice to Minister for Finance of Board's
intention to execute a contract and seeking the Minister for Finance's
approval.
A Notice to the Minister for Finance of
the Board's intention to execute a contract (other than a project agreement)
and seeking the Minister for Finance's approval under Section 61(2) of the Public
Finances (Management) Act 1995 shall be in Form 64 of Schedule 1.
68. Minister for Finance's approval for Board to
execute a contract.
An approval by the Minister for Finance
for the Board to execute a contract (other than a project agreement) under
Section 61(2) of the Public Finances (Management) Act 1995 shall be in
Form 65 of Schedule 1.
69. National Forest Inventory and Annual Statement
by Board of Allowable Cut Volumes.
(1) A National Forest Inventory
referred to in Section 47(2)(b) of the Act shall include the following
particulars:—
(a) a precise description of those
parts of the national forest estate which are deemed suitable for long term
sustainable management by location, type, area and estimated merchantable volume;
(b) a description of the national
forest estate presenting broad details of all forests by location, type and
area;
(c) such other particulars as the
Board may specify from time to time.
(2) The content of the National
Forest Inventory shall be revised from time to time to take account of known
changes in the nature and size of the national forest resource, data obtained
from successive or more detailed forest resource assessments and knowledge
obtained through forest research.
(3) A document purporting to be the
National Forest Inventory or a revision thereof shall be of no force and effect
unless it has been certified as such by the Chairman pursuant to a resolution
of the Board to the effect that the Board is satisfied that the information
contained therein is the best available at the time and is suitable for
inclusion in the Inventory.
(4) A certificate certifying a
National Forest Inventory under Section 47(2)(b) of the Act shall be in Form 66
of Schedule 1.
(5) Within 30 days of certification
under Subsection (4), the Authority shall make and offer for sale to the
public, at a price determined by the Managing Director, printed copies of the
National Forestry Inventory or a revision thereof, and the Authority may make
and offer for sale to the public consolidated copies of the Inventory and
revisions thereof on such occasions as it sees fit.
(6) An Annual Statement by the
Board of allowable cut volumes under Section 47(2)(c)(iii) of the Act shall be
in Form 67 of Schedule 1.
70. Letter of transmittal of a National Forest Plan
by the Chairman of the Board to the Minister.
A transmittal by the Chairman of the
Board to the Minister under Section 48 of the Act of a National Forest Plan
shall be accompanied by a letter of transmittal in Form 68 of Schedule 1.
71. Submission of Provincial Forest Plan to Board.
A submission to the National Forest
Board of a copy of a Provincial Forest Plan or a renewal thereof pursuant to
Section 50(1) of the Act shall be in Form 69 of Schedule 1.
72. Referral by Board of Provincial Forest Plan to
Provincial Government.
A referral by the Board to a Provincial
Government of a Provincial Forest Plan under Section 50(2) of the Act shall be
in Form 70 of Schedule 1.
73. Re-submission of a Provincial Forest Plan to
Board.
A re-submission by the Minister
responsible for forestry functions in a Provincial Executive Council of a
Provincial Government to the Board of a Provincial Forest Plan under Section
50(3) of the Act shall be in Form 71 of Schedule 1.
74. Board's notification to Chairman of the
Committee of the Provincial Executive Council responsible for forestry function
relating to a Provincial Forest Plan.
A notification by the Board under
Section 51(a) of the Act to the Chairman of the Committee of the Provincial
Executive Council responsible for forestry functions in a Provincial Government
that the Provincial Forest Plan is consistent with the National Forestry
Development Guidelines shall be in Form 72 of Schedule 1.
75. Letter of transmittal of a Provincial Forest
Plan by the Board to the Minister.
A letter of transmittal by the Board to
the Minister of a Provincial Forest Plan shall be in Form 73 of Schedule 1.
76. Declaration of restricted area by Managing
Director.
A declaration by the Managing Director
of a restricted area under Section 52 of the Act shall be in Form 74 of
Schedule 1.
77. Burning permit.
A burning permit issued by a Forest
Officer under Section 53 of the Act shall be in Form 75 of Schedule 1.
78. Application to Managing Director for a burning
permit.
An application for a burning permit
shall—
(a) be in Form 76 of Schedule 1; and
(b) contain the information and
particulars specified in the form or as are required in any particular case by
the Managing Director.
79. Forest Management Agreement.
A Forest Management Agreement under
Section 58 of the Act shall contain those particulars as set out in Section 58
of the Act and such other particulars as the Board may specify from time to
time.
80. Approval of a Forest Management Agreement by
Minister.
The approval of the Minister to a
Forest Management Agreement under Section 56(2) of the Act shall be in Form 77
of Schedule 1.
81. Board's request to the Minister to approve a
Forest Management Agreement.
A Board request to the Minister to
approve a Forest Management Agreement under Section 56(2) of the Act shall be
in Form 78 of Schedule 1.
82. Certificate from Provincial Forest Management
Committee on Forest Management Agreement.
A certificate from a Provincial Forest
Management Committee under Section 58(f) of the Act shall be in Form 79 of
Schedule 1 and shall be annexed to a Forest Management Agreement referred to in
Section 58 of the Act.
83. Board consultation with customary owners, etc.
To enable the Board to carry out its
obligation under Section 59 of the Act to consult with those persons and
Provincial Government referred to in Section 59 of the Act the Board shall
forward to such persons and Provincial Government a Notice in Form 80 of
Schedule 1.
84. Board direction to the National Forest Service
or a contractor to carry out development options studies over a proposed
project area.
The Board's direction to the National
Forest Service or a contractor to carry out development options studies over a
proposed project area under Section 62(1) of the Act shall be in Form 81 of
Schedule 1.
85. Board's request to Provincial Forest Management
Committee to give directions to the Board on the carrying out of a Development
Options Study.
A request by the Board to a Provincial
Forest Management Committee requiring the Provincial Forest Management
Committee to give the Board directions on the carrying out of a Development
Options Study shall be in Form 82 of Schedule 1.
86. Directions to the Board from Provincial Forest
Management Committee on Development Options Study.
A provincial Forest Management
Committee's direction to the Board under Section 62(3)(b) of the Act shall be
in Form 83 of Schedule 1.
87. Provision of Development Options Study to
Minister and Provincial Forest Management Committee.
(1) The provision by the Board to
the Minister and the Provincial Forest Management Committee of true copies of a
development option study under Section 62(4) of the Act shall be in Form 84 of
Schedule 1.
(2) Any person may on payment of
the prescribed fee in Schedule 3, make application in Form 232 of Schedule 1 to
the National Forest Service for a copy of a development option study.
88. Submission to Board of draft project guidelines
by Provincial Forest Management Committee.
A submission by a Provincial Forest
Management Committee to the Board of draft project guidelines under Section
63(2) of the Act shall be in Form 85 of Schedule 1.
89. Boards issuance of final project guidelines for
Forest Development Project.
(1) The issuing of final project
guidelines by the Board under Section 63(2) of the Act shall be in Form 86 of
Schedule 1.
(2) Any person may on payment of
the prescribed fee in Schedule 3, make application in Form 232 of Schedule 1
for a copy of final Project Guidelines for a Forest Development Project.
90. Expressions of interest in a Forest Development
Project and Project Proposal.
(1) The Registration of an
Expression of interest in a Forest Development Project and the lodgement of a
Project Proposal under Section 64 of the Act from a registered forestry
industry participant shall be in Form 87 of Schedule 1 and both the Expression
of Interest and Project Proposal must be lodged together in accordance with the
manner and procedures as determined by the Board and as set out in any public
advertisement calling for tenders to lodge Expressions of Interest in a Forest
Development Project and to lodge Project Proposals.
(2) Where the Board has determined
under Section 64(3) of the Act to consider Expressions of Interest in a Forest
Development Project and Project Proposals without advertisement for open tender
then such expressions of interest and project proposals shall be lodged together
directly with the Managing Director and shall be in Form 92 of Schedule 1.
(3) The fee payable on lodging an
expression of interest and accompanied project proposal under Section 66 of the
Act shall be as specified in Schedule 3.
[ccxlix]91. Invitation by the Board to the holder of a timber
permit to lodge an expression of interest and make a project proposal in
respect of an extension into a Forest Development Project Area.
An invitation by the Board under Section
64(3) to a registered forest industry participant who is the holder of a timber
permit to lodge an expression of interest and project proposal shall be in Form
88 of Schedule 1.
[ccl]92. Application by the holder of a timber permit
to the Board to approve a Forest Development Project as an extension of an
existing approved operation [repealed].
93. Grant or refusal of permission to carry out
feasibility studies, etc.
The Managing Director's grant of
permission under Section 65 of the Act shall be in Form 90 of Schedule 1.
94. Application to Managing Director to carry out
feasibility studies, etc.
(1) An application under Section 65
of the Act by a registered forest industry participant or consultant to enter a
project area and carry out those activities referred to in Section 65 of the
Act shall be in Form 91 of Schedule 1.
(2) The fee payable on making an
application under Section 65 of the Act shall be as specified in Schedule 3.
95. Project proposals.
(1) A project proposal referred to
in Section 66 of the Act shall be accompanied by the following particulars:—
(a) a description of the proposed use
of the forest resource;
(b) the proposed forest harvesting
methods;
(c) details of employment potential in
relation to the project;
(d) detailed financial analysis in
relation to the project including projected revenue flows, cost flows,
particulars of debt servicing and rates of return;
(e) an undertaking and guarantee that
the proponents will comply with contemporary environmental control standards
and the Authority's Manuals titled "Planning, Monitoring and Control
Procedures for Natural Forest Logging Operations under a Timber Permit",
"P.N.G. Logging Code of Practice" and "Procedures for Exporting
Logs" (or any revisions thereof);
(f) detailed description and
independent valuation of the proponents proposals for landowner benefits;
(g) details of proposed measures to
implement the principles of sustainable forest management which shall include
but are not limited to all of the following:—
(i) resource replacement;
(ii) selective logging;
(iii) enrichment planting;
(iv) harvesting practices;
(v) reforestation;
(h) a copy of certificate of
registration as a forest industry participant;
(i) supporting documentation from the
proponents Bankers, financiers or others confirming the ability of the
proponent to undertake the proposed project;
(j) the name, postal address, address
for service in Papua New Guinea of legal process, telephone number and
facsimile number of the proponent;
(k) where the proponent is a corporate
person—
(i) the shareholding structure;
and
(ii) the name, office or position
held in the company, nationality, place of residence, details of formal
qualifications, relevant work experience of, and other current or prior offices
held by, each director, office-bearer or senior management executive; and
(iii) the proponents experience in
proposals of a similar nature;
(l) the name, address, telephone and
facsimile number of the applicant's bankers;
(m) any permit, licence or timber
authority applied for or held by the Proponent;
(n) where the proponent is a corporate
person—
(i) a copy of the certificate of
incorporation; and
(ii) the shareholding structure of
any incorporated shareholders;
(o) audited financial statements for
the year ending 31 December previously; and
96. Reference of a project proposal to a Provincial
Forest Management Committee.
A reference of a project proposal by
the Managing Director under Section 67(1) of the Act to a Provincial Forest
Management Committee for evaluation shall be in Form 93 of Schedule 1.
97. Provincial Forest Management Committee
invitation to proponent for further information, etc.
An invitation by a Provincial Forest
Management Committee under Section 68(1) of the Act to a proponent to provide
further information shall be in Form 94 of Schedule 1.
98. Report and recommendation of Provincial Forest
Management Committee on project proposal to the Board.
A Provincial Forest Management
Committees report and recommendations to the Board under Section 69 of the Act
shall be in Form 95 of Schedule 1.
99. Boards Consultation with Minister on report and
recommendations of a Provincial Forest Management Committee.
The Board's consultation with the Minister
on a report and recommendation of a Provincial Forest Management Committee
under Section 70(1)(a) of the Act shall be in Form 96 of schedule 1.
100. Minister views on Provincial Forest Management
Committee's report and recommendations and on the Board's views.
The Minister views on Provincial Forest
Management Committee's reports and recommendations and on the Board's views
under Section 70(a) of the Act shall be in Form 97 of Schedule 1.
101. Board Directions to Provincial Forest Management
Committee on Project Agreement.
A direction by the Board to the
Provincial Forest Management Committee under Section 70(1)(b) of the Act shall
be in Form 98 of Schedule 1.
102. Board Recommendation to the Provincial Forest
Management Committee on the parameters within which negotiations should be
conducted and recommendations on the composition of a negotiating committee.
The Board's recommendation to the
Provincial Forest Management Committee on the parameters within which
negotiations should be conducted and recommendations on the composition of a
negotiating committee under Section 70(1)(c) and (d) of the Act shall be in
Form 99 of Schedule 1.
103. Provincial Forest Management committees
confirmation to the Board on the parameters within which negotiations are to be
conducted and of the composition of a negotiating committee.
The recommendations to the Board by the
Provincial Forest Management Committee on the parameters within which
negotiations should be conducted and of the composition of a negotiating
committee under Section 70(1)(c) and (d) of the Act shall be in Form 100 of
Schedule 1.
104. Confirmation by the Board to the Provincial
Forest Management Committee of the parameters within which negotiations are to
be conducted and on the composition of a negotiating committee.
The Board's determination of the
parameters within which negotiations shall be conducted and on the composition
of a negotiating committee under Section 70(1)(c) and (d) of the Act shall be
in Form 101 of Schedule 1.
105. Advice to Board by Provincial Forest Management
Committee that negotiations have failed in respect to a final draft of a
project agreement.
Where the Provincial Forest Management
Committee are unable to submit to the Board a final draft or further final
draft of a project agreement as required by Section 71 or 72 of the Act the
Provincial Forest Management Committee shall advise the Board of the reasons
why negotiations have failed in Form 102 of Schedule 1.
106. Submission of final draft of project agreement by
a Provincial Forest Management Committee to Board.
A submission to the Board by a
Provincial Forest Management Committee under Section 71(b) of the Act of a
final draft of a project agreement to the Board shall be in Form 103 of
Schedule 1.
107. Board Recommendation to Minister to grant a
timber permit.
A recommendation by the Board to the
Minister under Section 72(1)(b)(ii) of the Act to grant a timber permit shall
be in Form 104 of Schedule 1.
108. Board referral to Provincial Forest Management
Committee of draft project agreement.
A referral from the Board to the
Provincial Forest Management Committee under Section 72(1)(c) of the Act shall
be in Form 105 of Schedule 1.
109. Submission to Board o ffurther final draft
project agreement by Provincial Forest Management Committee.
A submission of a further final draft
project agreement under Section 72(2) of the Act by a Provincial Forest
Management Committee to the Board shall be in Form 106 of Schedule 1.
110. Minister's invitation to a person to make an
application for a timber permit.
An invitation by the Minister under
Section 73(1) or Section 75(1) of the Act to a person to make an application
under Section 77 of the Act for the grant of a timber permit shall be in Form
107 of Schedule 1.
111. Minister's non-acceptance of Board's
recommendation to grant a timber permit and referral to Board.
The Minister's notification to the
Board under Section 73(4) of the Act of his non-acceptance of a Board
recommendation made under Section 72(1)(b)(ii) of the Act shall be in Form 108
of Schedule 1.
112. Board's final recommendation to the Minister to
grant a timber permit.
A final recommendation by the Board to
the Minister under Section 74 of the Act to grant a timber permit shall be in
Form 109 of Schedule 1.
113. Minister referral of Board recommendation for a
grant of a timber permit to National Executive Council.
The Minister's referral to the National
Executive Council of a recommendation of the Board to grant a timber permit
under Section 75(2) of the Act shall be in Form 110 of Schedule 1.
114. Direction of National Executive Council to the
Minister to accept the recommendation of the Board of the Forest Authority to
grant a timber permit.
A direction of the National Executive
Council to the Minister to accept the recommendation of the Forest Authority to
grant a timber permit under Section 76 of the Act shall be in Form 111 of
Schedule 1.
115. Direction of National Executive Council to the
Minister to reject the recommendation of the Board of the Forest Authority to
grant a timber permit.
A direction of the National Executive
Council to the Minister to reject the recommendation of the Board of the Forest
Authority to grant a timber permit under Section 76 of the Act shall be in Form
112 of Schedule 1.
116. Minister's advice to the Board of National
Executive Council's direction to the Minister to accept the recommendation of
the Board of the Forest Authority to grant a timber permit.
The Minister's advice to the Board made
pursuant to Section 76(2)(b) of the Act of a National Executive Council
direction to the Minister to accept the recommendation of the Board of the
Forest Authority to grant a timber permit shall be in Form 113 of Schedule 1.
117. Minister's advice to the Board of National
Executive Council's direction to the Minister to reject the recommendation of
the Board of the Forest Authority to grant a timber permit.
The Minister's advice to the Board made
pursuant to Section 76(2)(b) of the Act of a National Executive Council
direction to the Minister to reject the recommendation of the Board of the
Forest Authority to grant a timber permit shall be in Form 114 of Schedule 1.
118. Timber permit.
A timber permit under Section 73 of the
Act shall—
(a) be in Form 115 of Schedule 1; and
(b) contain such conditions as are
provided for in Section 73(2) of the Act and as are specified in Form 115 of
Schedule 1.
119. Application for a timber permit.
(1) An application for a timber
permit under Section 77(1) of the Act shall be in Form 116 of Schedule 1.
(2) An application for a timber
permit shall contain the information and particulars as required under Section
77(2) of the Act and as are specified in Form 116 of Schedule 1 and an approval
of the environmental plan referred to in Section 77(2)(c)(iii) of the Act by
the National Executive Council under Section 18 of the Environmental
Planning Act 1978.
(3) The fee payable on an
application for a timber permit shall be as specified in Schedule 3.
120. Return of an application for a timber permit.
The return of an application for a
timber permit by the Managing Director under Section 77(1) of the Act shall be
in Form 117 of Schedule 1.
121. Timber permit extension or renewal of term.
A timber permit extension or renewal of
term under Section 78(4) of the Act shall—
(a) be in Form 118 of Schedule 1; and
(b) contain such conditions as provided
for in Section 78 of the Act and as are specified in Form 118 of Schedule 1.
122. Return by Managing Director of application for
extension or renewal of the term a timber permit.
The return of an application for an
extension or renewal of the term a timber permit by the Managing Director under
Section 78(1) of the Act shall be in Form 119 of Schedule 1.
123. Application for extension or renewal of term of
timber permit.
(1) An application for an extension
or renewal of a term of a timber permit under Section 78(2) of the Act shall be
in Form 120 of Schedule 1.
(2) An application for extension or
renewal of a timber permit shall not be considered by the Board until the
information and particulars as are specified in Section 78(3) of the Act have
been obtained and any application must contain a brief submission setting out
why the extension or renewal is desired.
(3) An application must be lodged
no later than 90 days before the expiry of the timber permit.
(4) The fee payable on an
application for an extension or renewal of term shall be as specified in
Schedule 3.
124. Board request to Provincial Forest Management
Committee for a report on timber permit extension or renewal of term.
A Board request to a Provincial Forest
Management Committee under Section 78(3) of the Act shall be in Form 121 of
Schedule 1.
125. Report to the Board by a Provincial Forest
Management Committee on an application for an extension or renewal of the term
of a timber permit extension.
A report to the Board by a Provincial
Forest Management Committee on an application for an extension or renewal of
the term of a timber permit extension under Section 78(3) of the Act shall be
in Form 122 of Schedule 1.
126. Rejection by Board of application for extension
or renewal of term of a timber permit.
A rejection by the Board of an
application for an extension or renewal of term of a timber permit under
Section 78(4) of the Act shall be in Form 123 of Schedule 1.
127. Recommendation by Board to the Minister for
timber permit extension, etc.
A recommendation from the Board to the
Minister under Section 78(4) of the Act to extend or renew the term of a timber
permit shall be in Form 124 of Schedule 1.
128. Board notice to a holder of a timber permit that
it requires an amendment to a timber permit.
A Board notice to a holder of a timber
permit that it requires an amendment to a timber permit under Section 79(3) of
the Act shall be in Form 125 Schedule 1
129. Managing Director's notice of Minister's approval
of transfer of a timber permit.
A Notice by the Managing Director of
the Ministers approval under Sections 81(1) and 83(1) of the Act of a transfer
of a timber permit shall be in Form 126 of Schedule 1.
130. Managing Director's notice of Minister's approval
of surrender of a timber permit.
A Notice by the Managing Director of
the Minister's approval under Section 81(1) and 83(1) of the Act of a surrender
of a timber permit shall be in Form 127 of Schedule 1.
131. Managing Director's notice of Minister's approval
of amendment of a timber permit.
A notice by the Managing Director of
the Minister's approval under Section 81(1) and 83(1) of the Act of an
amendment of a timber permit shall be in Form 128 of Schedule 1.
132. Conditions of a transfer surrender or amendment
of a timber permit.
The Minister's approval of a transfer,
surrender or amendment of a timber permit shall contain such conditions as are
provided for in Section 81 of the Act and as are specified in the relevant
forms.
133. Application to transfer etc. a timber permit.
(1) An application under Section
79(1) of the Act for the transfer, amendment or surrender of a timber permit
shall—
(a) be in Form 129 of Schedule 1; and
(b) contain the information and
particulars as specified in Form 129 of Schedule 1.
(2) The fee payable on an
application to transfer, amend or surrender a timber permit shall be as
specified in Schedule 3.
134. Return by Managing Director of an application to
transfer amend or surrender a timber permit.
A return by the Managing Director of an
application to transfer, amend or surrender a timber permit under Section 79(1)
of the Act shall be in Form 130 of Schedule 1.
135. Board Recommendation to Minister to transfer,
etc., timber permit.
A recommendation from the Board to the
Minister under Section 80(b) of the Act for the grant of a transfer amendment
or surrender of a timber permit shall be in Form 131 of Schedule 1.
136. Approval of Minister to transfer, etc., timber
permit.
The approval of the Minister to the
Board under Section 81(1) of the Act of a recommendation of the Board to a
transfer, amendment or surrender of a timber permit shall be in Form 132 of
Schedule 1.
137. Ministers referral of application to transfer,
etc., a timber permit for Board's Recommendation.
A referral from the Minister under
Section 81(3) of the Act to the Board for its reconsideration shall be in Form
133 of Schedule 1.
138. Board's final recommendation to Minister on
transfer, etc. , a timber permit.
After a reconsideration of the
application a final recommendation from the Board to the Minister under Section
82 of the Act in respect of the transfer, amendment or surrender of a timber
permit shall be in Form 134 of Schedule 1.
139. Approval of Minister to transfer, etc, timber
permit after receiving Board's final recommendation.
The approval of the Minister under
Section 83(1) of the Act of a final recommendation of the Board to a transfer
amendment or surrender of a timber permit shall be in Form 135 of Schedule 1.
140. Minister's referral of an application for a
transfer amendment or surrender of a timber permit to the National Executive
Council.
The Minister's referral of an
application for the transfer, amendment or surrender of a timber permit to the
National Executive Council under Section 83(3) of the Act shall be in Form 136
of Schedule 1.
141. Directions of National Executive Council to the
Minister to accept the recommendation of the Board of the Forest Authority for
a transfer amendment or surrender of a timber permit.
Directions of the National Executive
Council to the Minister to accept the recommendation of the Board of the Forest
Authority for a transfer, amendment or surrender of a timber permit under
Section 84 of the Act shall be in Form 137 of Schedule 1.
142. Directions of National Executive Council to the
Minister to reject the recommendation of the Board of the Forest Authority for
a transfer amendment or surrender of a timber permit.
Directions of the National Executive
Council to the Minister to reject the recommendation of the Board of the Forest
Authority for a transfer, amendment or surrender of a timber permit under
Section 84 of the Act shall be in Form 138 of Schedule 1.
143. Minister's Advice to the Board and the holder of
a timber permit of National Executive Council's directions to the Minister to
accept the recommendation of the Board of the Forest Authority for a transfer
amendment or surrender of a timber permit.
The Minister's advice to the Board and
the Holder of a timber permit pursuant to Section 84(2)(a) of the Act of a
National Executive Council direction to the Minister to accept the
recommendation of the Board of the Forest Authority for the transfer, amendment
or surrender of a timber permit shall be in Form 139 of Schedule 1.
144. Minister's Advice to the Board and the holder of
a timber permit of National Executive Council's directions to the Minister to
reject the recommendation of the Board of the Forest Authority for a transfer
amendment or surrender of a timber permit.
The Minister's advice to the Board and
the Holder of a timber permit pursuant to Section 84(2)(a) of the Act of a
National Executive Council direction to the Minister to reject the
recommendation of the Board of the Forest Authority for the transfer, amendment
or surrender of a timber permit shall be in Form 140 of Schedule 1.
145. Suspension of rights of a Timber Permit, etc.
Suspension of rights in a timber
permit, timber authority or a licence under Section 85 of the Act shall be in
accordance with Form 141 of Schedule 1.
146. Notice of intention to suspend rights.
A notice of intention under Section
85(2) of the Act to suspend rights under a timber permit, timber authority or
licence shall be in accordance with Form 142 of Schedule 1.
147. Request of holder of Timber Permit, etc., to be
heard on suspension of rights.
A request by the holder of a timber
permit, timber authority or licence under Section 85(4) of the Act to be heard
shall be in Form 143 of Schedule 1.
148. Application of holder of timber permit, etc, to
re-instate rights suspended.
An application by the holder of a
timber permit, timber authority or licence under Section 85(5) of the Act to
re-instate rights suspended under Section 85 of the Act shall be in Form 144 of
Schedule 1.
149. Recission of notice of suspension by the Managing
Director.
A recission of a notice under Section
85(4) of the Act of suspension by the Managing Director shall be in Form 145 of
Schedule 1.
150. Re-instatement by Managing Director of rights
suspended.
The re-instatement of rights suspended
under a timber permit, timber authority or licence by the Managing Director
under Section 85(5) shall be in Form 146 of Schedule 1.
151. Cancellation of timber permit by Minister.
Cancellation of a timber permit under
Section 86 of the Act by the Minister shall be in accordance with Form 147 of Schedule
1.
152. Notice of intention to cancel timber permit.
A notice of intention under Section
86(3) to cancel a timber permit shall be in Form 148 of Schedule 1.
153. Representations to Managing Director from holder
of timber permit.
Representations by the holder of a
timber permit under Section 86(3)(b) of the Act shall be in Form 149 of
Schedule 1.
154. Request of holder of timber permit to be heard on
proposed cancellation of a timber permit.
A request by the holder of a timber
permit under Section 86(4) of the Act to be heard shall be in Form 150 of
Schedule 1.
155. Managing Director's report to the Board of
hearing on proposed cancellation of a timber permit.
A report to the Board by the Managing
Director pursuant to Section 86(7) (a) of the Act of a hearing under Section
86(4) of the Act shall be in Form 151 of Schedule 1.
156. Managing Director's report to the Board when
there has been no representations made or request to be heard.
Where there has been no representations
by a holder of timber permit under Section 86(3) of the Act or a request to be
heard under Section 86(4) of the Act the Managing Director shall make a report
to the Board in Form 152.
157. Recommendations by Board to Minister on proposed
cancellation of timber permit.
Recommendations by the Board to the
Minister under Section 86(7)(b) shall be in Form 153 of Schedule 1.
158. Advice to the Minister to cancel a timber permit.
Where there has been no representation
made by the holder of a timber permit under Section 86(3) of the Act or a
request to be heard under Section 86(4) of the Act the Board shall advise the
Minister in Form 154 of Schedule 1.
159. Timber authority for domestic processing, etc.
A timber authority under Section 87 of
the Act and which is to harvest less than 5000m3
per year by selection logging for domestic processing shall be in Form 155 of
Schedule 1 and shall be subject to all of the conditions set out in that Form.
160. Application for timber authority for domestic
processing, etc.
(1) An application for a timber
authority under Section 88 of the Act shall, where the application is to
harvest not more than 5000m3 per year by selection logging for domestic processing, be
in Form 156 of Schedule 1 and contain the particulars as set out in that Form
and shall have attached to such application the following documentation:—
(a) a Verification of Ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase Agreement
between the applicant and the customary owners, which relates to the purchase,
harvesting, processing or marketing of timber and other forest products from
the project area and such Agreement shall be in Form 166 of Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
161. Timber authority for roadline clearance, etc.
(1) A timber authority under Section
87 of the Act and which is for roadline clearance shall be in Form 157 of
Schedule 1 and shall be subject to all of the conditions as set out in that
Form.
(2) The maximum roadline corridor
which may be cleared under a single timber authority for this purpose shall not
exceed—
(a) corridor length—the length of road
planned to be constructed in the particular timber authority period; and
(b) corridor width—40 metres and such
said width shall not be more than 20 metres on either side of the centre of the
road.
(3) Any grant of a timber authority
for roadline clearance shall be granted for the period of the total roadline
clearance project.
(4) A timber authority granted for
forest clearance for road construction may be suspended where—
(a) construction of the road in the
corridor cleared under the timber authority is not progressing according to the
Department of Transport and Work's approved implementation schedule; or
(b) the applicant has not provided the
Authority with a certificate from the Department responsible for road works
matters confirming that the length of road constructed in the roadline cleared
in accordance with any stage of an implementation schedule meets the road
construction standards of that Department.
(5) The construction of new public
roads through forested area shall not be funded by the logging of a wide forest
corridor, and the timber authority shall prescribe that forest clearance for
road construction shall only be authorized in stages in order to ensure actual
construction takes place. An applicant for a timber authority must satisfy the
Managing Director that he is able to fund the roadline clearance and for this
purpose the applicant may factor into their financial proposals estimates of
income to the resource owners and themselves from the projected sale of forest
resources.
(6) Before a timber authority is
processed by the Forest Authority, the relevant Provincial Government must
confirm in writing that the proposed road is on the National and or Provincial
transport plan and that it agrees with the road being built, and that where it
is to be responsible for the roads maintenance, it can afford to maintain the
road.
162. Application for timber authority for roadline
clearance, etc.
(1) An application for a timber
authority under Section 88 of the Act shall, where the application is to
harvest logs for commercial use from forest clearing operations, be in Form 158
of Schedule 1 and shall have attached to such application the following documentation:—
(a) a Verification of Ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase
Agreement between the applicant and the customary owners, which relates to the
purchase, harvesting, processing or marketing of timber and other forest
products from the project area and such Agreement shall be in form 166 of
Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
163. Timber authority for agricultural or other land
use.
(1) A timber authority under
Section 87 of the Act and which is for agricultural or other land use shall be
in Form 159 of Schedule 1 and shall be subject to all of the conditions as set
out in that Form.
(2) Any grant of a timber authority
for agricultural or other land use shall be granted for the period of the total
agriculture or other land use project.
[ccli](3) [repealed].
(4) A further stage under the same
Timber Authority may only be granted for the same purposes of forest clearance
for agriculture or other land use where all conditions relating to an
agricultural development plan implementation schedule have been satisfied.
(5) A timber authority granted for
agriculture and other land use may be suspended where—
(a) the planned land use is not
progressing according to the Department of Agriculture and Livestock approved
implementation Schedule; or
(b) the applicant has not provided the
Authority with a certificate from the Department responsible for Agriculture
and Livestock confirming that the requirements of agriculture contained in the
timber authority are in accordance with any stage of an implementation schedule
and meets the standards of that Department.
(6) An applicant for a timber
authority for agriculture or other land use must satisfy the Managing Director
that it is able to fund the agriculture or other land use project and for this
purpose the applicant may factor into their financial proposals estimates of
income to the resource owners and themselves from the projected sale of forest
resources.
164. Application for timber authority for agricultural
or other land use.
(1) An application for a timber
authority under Section 88 of the Act shall, where the application is to
harvest logs for commercial use from forest clearing operations for
agricultural or other land use development (except roadline clearance), be in
Form 160 of Schedule 1 and shall have attached to such application the
following documentation:—
(a) a verification of ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase
Agreement between the applicant and the customary owners which relates to the
purchase, harvesting, processing or marketing of timber and other forest
products from the project area and shall be in Form 166 of Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
165. Timber authority to harvest other forest
products.
A timber authority under Section 87 of
the Act and which is for the harvesting of other forest products other than
plantation material shall be in Form 161 of Schedule 1 and shall be subject to
all of the conditions as set out in that Form.
166. Application for timber authority to harvest other
forest products.
(1) An application for a timber
authority under Section 88 of the Act, where the application is to harvest
forest products other than timber, shall be in Form 162 of Schedule 1 and shall
have attached to such application the following documentation:—
(a) a verification of ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase
Agreement between the applicant and the customary owners which relates to the
purchase, harvesting, processing or marketing of timber and other forest
products from the project area and shall be in Form 166 of Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
167. Timber authority to harvest plantation material
on Government, State leasehold, private leasehold or private freehold lands.
A timber authority to harvest
plantation material on Government, State leasehold, private leasehold or
private freehold land under Section 87 of the Act shall be in Form 163 of
Schedule 1.
168. Application for timber authority to harvest
plantation material on Government, State leasehold, private leasehold or
private freehold land.
(1) An application for a timber
authority under Section 88 of the Act where the application is to harvest
plantation material on Government, State leasehold, private leasehold or
private freehold land shall be in Form 164 of Schedule 1 and shall have
attached to such application documentary evidence to satisfaction of the
Managing Director of—
(a) the legal ownership of the
plantation land and of the plantation material and the consent of the legal
owners of the plantation and of the owners of the plantation material where
applicable; and
(b) where appropriate and to the
satisfaction of the Managing Director, a copy of a Sale and Purchase Agreement
between the applicant and the owner of the plantation material which relates to
the purchase, harvesting, processing or marketing of plantation material from
the project area; and
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
169. Managing Director's notice to applicant for
timber authority.
Where an application for a timber
authority does or does not contain the particulars as required under Section 88
of the Act and those particulars as specified in the relevant form then the
Managing Director shall by notice in writing in Form 167 of Schedule 1 advise
the applicant accordingly.
170. Managing Director's referral of timber authority
application to Provincial Forest Management Committee.
A referral of an application by the
Managing Director to the Provincial Forest Management Committee under Section
89(1) of the Act shall be in Form 168 of Schedule 1.
171. Rejection by a Provincial Forest Management
Committee of an application for a timber authority.
The rejection by a Provincial Forest
Management Committee of an application for a timber authority under Section
89(4) of the Act shall be in Form 169 of Schedule 1.
172. Recommendations of Provincial Forest Management
Committee on timber authority applications.
(1) A recommendation made under
Section 89(4) of the Act by a Provincial Forest Management Committee to the
Chairman of the Committee of the Provincial Executive Council responsible for
forestry functions shall be in Form 170 of Schedule 1.
(2) A recommendation shall have
attached to it a draft timber authority which has been approved by the
Provincial Forest Management Committee.
(3) A copy of the recommendation
shall be forwarded to the Board and the Managing Director.
173. Notice of Intention to Board to grant a timber
authority.
(1) A Notice of Intention to issue
a timber authority over a project area and requesting consent of the Board to
issue a timber authority and made under Section 89(5) of the Act by the
Chairman of the Committee of the Provincial Executive Council responsible for
forestry functions shall be in Form 171 of Schedule 1.
(2) A copy of the proposed timber
authority shall be attached to the Notice of Intention.
174. Consent or Non-consent of Board to the grant of a
timber authority.
The Board's consent or non-consent
under Section 89 of the Act to a grant of a timber authority by the Chairman of
the Committee of the Provincial Executive Council responsible for forestry
matters shall be in Form 172 of Schedule 1.
175. Cancellation of a timber authority.
A cancellation of a timber authority
made under Section 90 of the Act by the Chairman of the Committee of the
Provincial Executive Council responsible for forestry functions shall be in
Form 173 of Schedule 1.
176. Notice of Intention to cancel a timber authority.
A Notice of intention by the Chairman
of the Committee of the Provincial Executive Council responsible for forestry
functions to cancel a timber authority shall be in Form 174 of Schedule 1.
177. Licence.
A licence to engage in forest industry
activities under Section 91 of the Act shall be in Form 175 of Schedule 1.
178. Return by Managing Director of an application for
a Licence.
A return by the Managing Director of an
application for a Licence under Section 91(1) of the Act shall be in Form 176
of Schedule 1.
179. Application for a Licence.
(1) An application for a licence
under Section 92 of the Act shall—
(a) be in Form 177 of Schedule 1; and
(b) contain the information and
particulars as required by Section 92 of the Act and those particulars as are
specified in Form 177 of Schedule 1 and the particulars set out in Subsection
(2).
(2) The particulars referred to
Subsection (1)(b) are as follows:—
(a) the proposed felling and logging
methods of forest produce;
(b) the proposed methods and
arrangements in relation to the transportation of forest produce (if
applicable);
(c) the proposed methods and
arrangements in relation to the sale and/or purchase of forest produce (if
applicable);
(d) the proposed methods and
arrangements in relation to the marketing of forest produce (if applicable);
(e) the proposed methods and arrangements
in relation to the processing of forest produce (if applicable);
(f) the proposed methods and
arrangements in relation to the grading of forest produce (if applicable);
(g) the proposed consulting activities
to be undertaken;
(h) any other proposed activities
other than those activities specified in subsection (a), (b), (c), (d), (e),
(f) and (g);
(i) the proposed forest harvesting
methods if applicable;
(j) details of employment potential in
relation to the licence;
(k) detailed financial analysis in
relation to the licence activities including projected revenue flows, cost
flows, particulars of debt servicing and rates of return;
(l) covenant and undertaking of the
applicant to comply with contemporary environmental control standards and the
Authority's Manuals titled "Planning, Monitoring and Control Procedures
for Natural Forest Logging Operations under a timber permit", "The
Papua New Guinea Logging Code of Practice" and "Procedures for
Exporting Logs" (or any revisions thereof);
(m) detailed description and
independent valuation of the applicants proposals for landowner benefits (if
applicable);
(n) name of proposed contractor;
(o) a copy of certificate of
registration as a forest industry participant;
(p) supporting documentation from the
applicants Bankers, financiers or others confirming the ability of the
applicant to undertake the proposed activities;
(q) the name, postal address, address
for service in Papua New Guinea of legal process, telephone number and
facsimile number of the applicant;
(r) where the applicant is a corporate
person—
(i) the shareholding structure
including shareholding structure of any incorporated shareholders; and
(ii) the name, office or position
held in the company, nationality, place of residence, details of formal
qualifications, relevant work experience of, and other current or prior offices
held by, each director, office-bearer or senior management executive; and
(iii) the applicants experience in
proposals of a similar nature;
(s) the name, address, telephone and
facsimile number of the applicant's bankers;
(t) any permit, licence or timber
authority presently applied for or held by the applicant;
(u) audited financial statements for
the year ending 31 December previously;
(v) a copy of the applicants
Investment Promotion Authority certificate (if applicable).
(3) The Authority may in additions
to the above information and in its discretion, require the applicant to
provide further or additional information.
(4) The fee payable on an
application for a licence shall be as specified in Schedule 3.
180. Return of application for a licence.
If an application for a licence is not
completed or further or additional information is required by the Managing
Director before it is referred to the Authority the Managing Director shall
return the application to the applicant by using Form 178.
181. Referral to Board for consideration of
application for a licence.
A referral by the Managing Director
under Section 93(1) of an application for a licence shall be in Form 179 of
Schedule 1.
182. Board Determination to seek assistance from the
National Forest Service or any relevant Department in evaluating an application
for the issue of a licence.
A Board's determination to seek
assistance from the National Forest Service or any relevant Department in
evaluating an application for the issue of a licence under Section 93(3) of the
Act shall be in Form 180 of Schedule 1.
183. Rejection by Board of an application for a
licence.
A Board determination to reject an
application for a licence made under Section 92 of the Act shall be in Form 181
of Schedule 1.
184. Cancellation of licence.
A cancellation by the Minister of a
licence under Section 97 of the Act shall be in Form 182 of Schedule 1.
185. Notice of intention to cancel licence.
A notice of an intention to cancel a
licence under Section 97(3) of the Act shall be in Form 183 of Schedule 1.
186. Representations to Managing Director from holder
of a licence.
Representations by the holder of a
licence under Section 97(3)(b) of the Act shall be in Form 184 of Schedule 1.
187. Request by holder of a licence to be heard on
proposed cancellation of a licence.
A request by the holder of a licence under
Section 97(4) of the Act to the Board shall be in Form 185 of Schedule 1.
188. Report of hearing to Board on proposed
cancellation of a licence.
A report to the Board of a hearing
under Section 97(4) of the Act shall be in Form 186 of Schedule 1.
189. Recommendations by Board to Minister on proposed
cancellation of a licence.
Recommendations by the Board to the
Minister under Section 97(7)(b) shall be in Form 187 of Schedule 1.
190. Managing Director's Report to Board where there
has been no representation made or hearing requested in respect of a proposed
cancellation of a licence.
A report by the Managing Director to
the Board where there has been no representations made or hearing requested in
respect of a proposed cancellation of a licence shall be in Form 188 of
Schedule 1.
191. Board's advice to Minister to cancel a licence.
The Board's advice to the Minister
where he is required to cancel a licence under Section 97(5) of Act shall be in
Form 189 of Schedule 1.
192. Extension of term of licence.
An extension of term of a licence to
engage in forestry industry activities under Section 95 of the Act shall be in
Form 190 of Schedule 1.
193. Application for an extension of a licence.
(1) An application for an extension
of a licence under Section 95 of the Act shall be in Form 191 of Schedule 1 and
shall be lodged with the Managing Director not less than 60 days before the
expiration of the applicant's current licence.
(2) The Managing Director shall
submit an application lodged under Subsection (1) to the Board together with a
report on the performance of the licensee in carrying out the activities
authorized by the licence.
(3) The Board shall consider an
application submitted to it at its first meeting after it is received and where
it is satisfied with the performance of the applicant, shall recommend to the
Minister that an extension be granted and the Minister may grant the extension.
(4) Where an application for
extension is made more than 60 days in advance of the expiration of the licence
and the licensee is not notified of the outcome of the application before the
expiration of the licence, the licence shall be deemed to be extended until
such notification is made.
(5) Where the Board is not
satisfied with the performance of a licence it may—
(a) offer the applicant an opportunity
of providing a written explanation of any alleged breach of the licence
conditions; and
(b) after considering any explanation
provided under Paragraph (a), reject the application by notice in writing to
the applicant or recommend its extension.
(6) Where an Incorporated Land
Group or other party to a Forest Management Agreement gives written notice to
the Managing Director of an alleged breach of the conditions of a licence in
respect of activities within the area covered by the Agreement, the Managing
Director shall cause an investigation to be made of the allegation and shall
submit a report of the investigation to the Board.
(7) The fee for an application for an
extension of a licence shall be as specified in Schedule 3.
194. Return by Managing Director of an application for
extension of Term of a licence.
A rejection by the Managing Director of
an application for an extension of term of a licence under Section 95(1) of the
Act shall be in Form 192 of Schedule 1.
195. Rejection of an application by the Board for an
extension of term of a licence.
A rejection of an application by the
Board for an extension of term of a licence under Section 95(2) of the Act
shall be in Form 193 of Schedule 1.
[cclii]196. Performance Bond.
(1) In this section—
"holder" means the holder of
a timber authority, timber permit, licence, forest clearing authority,
authority to carry out large scale agriculture or other land use development
and authority to carry out large scale roadline development.
(2) A performance bond required to
be lodged under Section 98 of the Act by a holder shall be in Form 194 of
Schedule 1 or substantially in that form.
197. Procedure for drawing on a Performance Bond.
(1) The procedures for drawing on a
bond are as follows:—
(a) before the Authority draws on a
performance bond, the Managing Director or his delegate shall serve a notice on
the holder in Form 196 of Schedule 1—
(i) specifying the alleged
non-performance; and
(ii) allowing the holder at least
14 days after the date of serving the notice to—
(A) remedy the non-performance; or
(B) provide a written explanation
or denial of the alleged non-performance;
(b) upon expiration of the notice
period the Managing Director may—
(i) arrange for the Authority to
draw on the bond in accordance with the prescribed scale of deductions; or
(ii) if satisfied with the
explanation provided by the holder, determine that the Authority will not draw
on the bond subject to the holder taking such remedial action, if any, as he
directs; or
(iii) if he is of the opinion that
the holder is not in breach or that it has taken satisfactory remedial action,
determine that the authority will not draw on the bond,
and in all cases shall notify the
holder in writing of his decision by a Notice in Form 197 of Schedule 1;
(c) upon termination of the timber
permit, timber authority or licence in respect of which the bond was lodged,
the Managing Director shall arrange for delivery to the bank of an
authorization in Form 198 of Schedule 1, under seal of the Authority, to
release the balance of bond money (if any), after the Authority has drawn any
money due to it and the Authority shall be permitted to delay giving such
authorization until it has had a reasonable opportunity to assess whether the
holder has committed any breaches;
(d) prior to the delivery of
authorization under Paragraph (c) no bond moneys shall be released to the
holder by the Bank;
(e) bond moneys shall be deposited in
a separate bank account maintained solely for that purpose and any moneys
deposited with the bank pursuant to Section 98(3) of the Act shall be paid into
that account and any interest earned on funds within the account shall not form
part of the bond moneys;
(f) where the Authority has drawn on
the performance bond of any holder, such holder shall, within 30 days of the
date of the notification by the Authority of the drawdown by the Authority,
replenish the bond as prescribed by Section 98(3) of the Act and if the holder
does not provide evidence to the Managing Director that the amount in the
performance bond account has been restored in full the Managing Director may,
at the expiration of the 14 days, suspend the timber permit, timber authority
or licence under Section 85 of the Act.
(g) a notification to the holder of a
timber permit, timber authority or licence under Section 98(3) of the Act shall
be in Form 199 of Schedule 1.
198. Prescribed scale of deductions for breaches of
conditions of timber permits, etc.
The prescribed scale of the deductions
for breaches of conditions or requirements of a timber permit, timber authority
or licence for breaches of conditions or requirements shall be specified in the
terms and conditions of the permit, authority or licence as the case may and
the breaches and the scale of deductions for such said breaches shall be as
specified in Schedule 2.
199. Project statement.
(1) A project statement as required
under Section 100 of the Act shall be in Form 200 of Schedule 1 and shall
contain the following details:—
(a) permit holders' company profile
including details of all senior personnel employed;
(b) permit holders' experience in the
carrying out of similar projects;
(c) permit holders proposed method or
methods and mode of operations in the harvesting, processing and sale of forest
produce in the project;
(d) permit holders proposed method of
project management;
(e) permit holders objectives and
strategies in respect to the project for each successive five year periods
during the term of the timber permit;
(f) such other detail as are
determined by the Board from time to time.
(2) The fee payable on the
submission of a project statement shall be as specified in Schedule 3.
200. Five year working plans.
(1) A five year working plan as
required under Section 101 of the Act shall be in Form 201 of Schedule 1 and
shall contain the following details:—
(a) a map of the entire project area
at a scale of 1:50,000 (blow-ups of the standard PNG 1:100,000 topographic map
series are acceptable) showing—
(i) areas already logged (if any)
and year of logging; and
(ii) areas to be logged during the
next five years. The area shown must be the gross loggable area, i.e. excluding
major areas where logging may not take place (e.g. conservation areas, swamps,
areas exceeding 30 degrees slope, extensive village/garden areas), and areas of
unmerchantable forest where logging is not planned, but note smaller scale
exclusion areas to be delineated at the operational or set-up planning stage
(e.g. buffer zones, small cultural sites); and
(iii) permanent forest roads and
bridges to be constructed during the five years; and
(iv) the location of any log ponds
to be constructed during the five years. Planners preparing a Five Year Plan
should note take specific approval to establish a new log pond must be obtained
before any construction commences; and
(v) the location of any new logging
base camps to be constructed during the five years. Planners preparing a Five
Year Plan should note that specific approval to establish a new logging base
camp must be obtained before any construction commences; and
(vi) the location of the volumetric
survey lines or plots;
(b) a Schedule showing the planned
order of logging, including estimates of net loggable areas, and net
harvestable volumes (including species distribution) for each year's area of
operations. The estimate of net harvestable volume must be based at minimum on
a 1% sample of the gross loggable area (as would be provided for example by
parallel survey lines consisting of continuous line plots 5m wide at 500m
intervals). For new projects a 1% sample will have already been assessed as
part of the Feasibility Study. For existing projects a minimum 1% volumetric
survey must be undertaken. The details of net harvestable volumes presented
must be based on actual inventory of the areas to be logged, and not on
historical data from previously logged areas;
(c) a schedule detailing all landowner
benefits which are to be delivered during the five year period, plus a delivery
schedule;
(d) five bound copies of the plan shall
be attached to Form 201 of Schedule 1;
(e) such other detail as are
determined by the Board from time to time.
(2) The fee payable on the
submission of a five year working plan shall be as specified in Schedule 3.
201. Annual logging plan.
(1) An annual logging plan as
required under Section 102 of the Act shall be in Form 202 of Schedule 1 and
shall contain the following details:—
(a) an endorsement letter signed by
the Authority's field based Project Supervisor;
(b) a map at a scale of 1:25,000
(blow-up of the standard PNG 1:100,000 topographic map series are acceptable)
clearly showing—
(i) the areas to be logged during
the next 12 months split into set-ups of a maximum of 150 hectares each. Set-up
boundaries must reflect natural features (where these exist), especially water
courses. Areas with no identifiable natural features may be split upon a grid
basis and where natural features exist with no reference to the field, the map
will not be accepted. Set-ups must be numbered; and
(ii) areas not to be logged e.g.
conservation areas, low merchantable volume areas, village reserves, cultural
and historic sites; and
(iii) the existing road network,
and any existing permanent roads to be decommissioned during the year; and
(iv) any new permanent forest roads
and bridges to be constructed during the year. Typically permanent roads are
constructed up to 12 months ahead of logging. The map must show all permanent
roads to be constructed during the year, including those roads which will not
be used until the following year. Road corridors to be cleared for permanent
forest road construction must be split into one or more set-ups, and numbered;
and
(v) log volume production and use
i.e. exported, converted to wood products (sawn timber, plywood, chips,
other—including processed product output volumes), changes in stocks; and
(vi) new construction undertaken
(forest roads, log ponds, logging base camps, and landowner infrastructure);
and
(vii) existing construction which
has been decommissioned (forest roads, log ponds and logging base camps); and
(viii) a list of the set-ups form the
previous year's Annual Logging Plan for which no application for a Set-up Plan
approval was made, and which have been renumbered and included in the current
year's Annual Logging Plan; and
(ix) infrastructure and other
landowner benefits delivered during the year; and
(x) the location of any gravel
sources to be exploited during the year; and
(xi) existing log ponds, and the
location of any new log ponds to be constructed during the year. Planners
preparing an Annual Logging Plan should note that specific Authority's approval
to establish a new log pond must be obtained before any construction commences;
and
(xii) existing logging base camps,
and the location of any new logging base camps to be constructed during the year.
Planners preparing an Annual Logging Plan should note that specific Authority's
approval to establish a new logging base camp must be obtained before any
construction commences;
(c) a schedule showing the planned
order of logging the set-ups (including both selection logging set-ups and
permanent roading set-ups), including set-up number, and for each set-up an
estimate of the net loggable area, and an estimate of the harvestable volume
(including species distribution). The estimate of net harvestable volume may be
based on the 1% sample of the loggable area already presented in the Five Year
Plan;
(d) a schedule detailing road and water
crossing standards for the permanent forest roads to be constructed during the
year;
(e) a schedule setting out the
equipment (types and numbers) and logging methods to be used during the 12
months period;
(f) a schedule detailing all landowner
benefits which are to be delivered during the year. For infrastructure the
Schedule must indicate construction start-up time, estimated completion time,
construction standards, an estimate of total costs, and an indicative
infrastructure maintenance plan (including responsibility and cost estimates);
(g) a report on the implementation of
the previous year's Annual Logging Plan, comparing plan with actual
performance, and summarising;
(h) five bound copies of the plan
shall be attached to Form 202 of Schedule 1;
(i) such other detail as are
determined by the Board from time to time.
(2) Before logging commences in
each harvest area the holder of a timber permit shall apply in writing to a
Forest Officer or Forest Inspector for a harvest authorization.
(3) Before a harvest authorization
is granted for a particular area the holder of the timber permit shall, in
accordance with directions issued from time to time by the Managing Director—
(a) conduct and submit the results of
an inventory as directed by the Managing Director from time to time; and
(b) produce a detailed map of the area
showing the location of proposed logging roads and skid trails and areas where
logging is not to occur for environmental and cultural reasons; and
(c) specify any site-specific measures
to avoid or mitigate environmental damage; and
(d) comply with such general directions
as from time to time, are given by the Managing Director.
(4) A holder of a timber permit
shall notify the Authority upon completion of logging, forest management and
related work carried out by him in accordance with any standards and directions
set by the Managing Director from time to time.
(5) As soon as practicable after
notification under Subsection (4) is received by the Authority, a Forest
Officer or Forest Inspector shall—
(a) carry out an inspection of the
work as prescribed; and
(b) if work has been carried out in
compliance with the standards and directions required, issue a certificate in
Form 203 of Schedule 1 to that effect in accordance with Section 102(3) of the
Act; and
(c) if work has not been carried out
in compliance with the standards and directions required, issue a Notice of
Unsatisfactory Completion of Work in Form 204 of Schedule 1.
(6) Harvest authorization to
commence logging in successive harvest areas designated in an annual logging
plan may be granted subject to and conditional upon the holder of the timber
permit obtaining a certificate under Section 102(3) of the Act in respect of a
previous harvest authorization.
(7) Commencement of logging in an
area without a harvest authorization shall constitute an offence and a breach
of the offender's | 
