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
(c) the
right to privacy conferred by Section 49 of the Constitution,
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
(c) relating to the use of the
land;
[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
(c) any other vegetable growth,
whether alive or dead,
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
(c) land that is the subject of a
State lease or a lease from the State under the Land Act 1996 or any
other Act; 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
(c) in relation to a timber
authority—the area in respect of which the timber authority is granted;
[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
(c) may acquire, hold and dispose of
property; 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
(c) resigns his office in accordance
with Subsection (1); 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
(c) matters arising shall be decided
by a majority of the votes of the members present and voting; 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
(c) shall be appointed on such terms
and conditions as the Minister determines; 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
(c) resigns his office in accordance
with Subsection (1); 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
(c) matters arising shall be decided
by a majority of the votes of the members present and voting; 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
(c) shall be the chief executive
officer and Head of the National Forest Service.
(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—
(c) leave of absence on the grounds of
illness; and
(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
(c) make provision for a home
ownership scheme for citizen officers; 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
(c) on such terms and conditions as
are fixed by the Minister on advice of the Board,
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
(c) consist of—
(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
(c) private leasehold—where the owner
consents; 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
(c) a licence issued under Section 92.
[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
(c) for logging within an area
designated as a salvage forest in the National Forest Plan.
[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
(c) provide an inventory of the forest
resources in the proposed project area; 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
(c) shall be done in the manner
considered by the Board likely to be most effective; 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
(c) is the subject of final project
guidelines issued by the Board under Section 63; 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
(c) other preparatory work,
[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
(c) be lodged on or before the date
specified in Section 64(2)(d); 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
(c) the National Forest Policy; 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
(c) specify the amount of allowable
cut; 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
(c) where the direction is to accept
the recommendation of the Board, proceed in the manner required by Section
75(1).
(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
(c) accompanied by—
(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
(b) be accompanied by the prescribed
fee; and
[cxxxvi](c) be
lodged with the Managing Director.
(3) The Board shall obtain from the
Provincial Forest Management Committee a report on—
(a) the social acceptability of the
holder of the timber permit in the project area; and
(b) the performance of the holder of
the timber permit in carrying out the operations authorized by the timber
permit; and
(c) the amount of forest resources
available in the vicinity of the project area in accordance with sustained
yield management practices.
(4) Where the reports required
under Subsection (3) are satisfactory, the Board shall recommend to the
Minister that an extension or renewal of the term be granted to the holder of
the timber permit and the Minister may grant such extension or renewal.
79. Transfer,
amendment or surrender of a timber permit.
(1) The holder of a timber permit
may apply to the Board for the transfer of that timber permit to a registered
forest industry participant or for the amendment or surrender of that timber
permit.
(2) An application under Subsection
(1) shall—
(a) be in the prescribed form; and
(b) contain the prescribed particulars;
and
(c) be accompanied by the prescribed
fee; and
[cxxxvii](d) be
lodged with the Managing Director.
(3) Where the Board requires an
amendment of a timber permit it may negotiate that amendment by mutual
agreement with the holder of the timber permit.
80. Board
to consider applications and make recommendations.
The Board shall—
(a) consider an application under
Section 79; and
(b) where satisfied, recommend to the
Minister that the application be granted.
81. Duties
of Minister on recommendation.
[cxxxviii]
(1) Where the Minister accepts a
recommendation from the Board under Section 80, he shall approve the transfer,
amendment or surrender of the timber permit and the Managing Director shall
notify the holder of the timber permit accordingly.
(2) In the case of the transfer of
a timber permit, the transferee shall be required to lodge, within a period
specified by the Minister, a performance bond in accordance with Section 98 for
an amount specified by the Minister, and where the performance bond is not
lodged within the specified period the transfer of the timber permit is null
and void and the timber permit shall be deemed to have been surrendered.
(3) Where the Minister does not
accept a recommendation under Section 81, he shall refer the application back
to the Board, with reasons for his non-acceptance of the recommendation, for
reconsideration by the Board.
82. Board
to reconsider, etc., referral by Minister under Section 81.
The Board shall reconsider an
application referred back to it under Section 81(3) and shall thereafter make a
final recommendation to the Minister.
83. Duties
of Minister on receipt of final recommendation from the Board.
[cxxxix]
(1) Where the Minister accepts a
final recommendation from the Board under Section 82, he shall approve the
transfer, amendment or surrender of the timber permit and the Managing Director
shall notify the holder of the timber permit accordingly.
(2) In the case of the transfer of
a timber permit, the provisions of Section 81(2) shall apply.
(3) Where the Minister does not
accept a final recommendation from the Board under Section 82, he shall refer
the application, together with the final recommendation from the Board and his
reasons for not accepting it, to the National Executive Council.
84. National
Executive Council to direct Minister to accept or reject recommendation.
(1) The National Executive Council
shall consider any application and other papers referred to it under Section
83(3) and shall direct the Minister to—
(a) accept; or
(b) reject,
the application.
(2) The Minister shall—
(a) comply with a direction under
Subsection (1); and
(b) advise the Board and the holder of
the timber permit of the direction.
[cxl]
(3) A direction under Subsection
(1)(b) to reject an application shall give the reasons for the rejection, but
this shall not preclude the applicant from making a further application to the
Board where the circumstances giving rise to the reasons have been resolved or
no longer apply.
85. Suspension
of rights.
[cxli](1) The
Managing Director may, in addition to any penalty under this Act, suspend, in
whole or in part, the rights in a timber permit, timber authority or licence
where its holder—
(a) made a material misrepresentation,
omission or mis-statement of fact in his application for it; or
[cxlii](b) fails
to perform an obligation to be performed by him under it; or
(c) fails to comply with this Act with
regard to it.
[cxliii](2) Before
the rights are suspended, the Managing Director shall serve a notice on the
holder—
[cxliv](a) specifying
the alleged misrepresentation, omission or mis-statement or failure of
performance or compliance; and
(b) allowing the holder at least 14
days after the date of serving the notice to remedy the failure of performance
or compliance.
[cxlv](3) A
suspension of rights under Subsection (1) takes effect on the expiry of the
time allowed in the notice under Subsection (2) and continues until the rights
are re-instated by the Managing Director or expire or are cancelled under this
Act.
[cxlvi](4) On
the request of the holder, the Managing Director shall allow him an opportunity
to be heard and shall rescind the notice where he considers that the holder is
not subject to Subsection (1).
[cxlvii](5) On
the application of the holder, the Managing Director shall re-instate rights
suspended under this section where the holder is performing his obligations and
complying with this Act.
86. Conviction
of the holder of a timber permit, etc.
(1) Where the holder of a timber
permit (or where the holder is a corporate person, any of the principals of the
holder)—
(a) is or are convicted of an offence—
(i) against this Act; or
(ii) concerning forestry matters,
against any other law; or
(b) has or have failed to comply with
any of the conditions of the timber permit,
the Minister may cancel the timber
permit.
(2) For the purposes of Subsection
(1), "principals" includes director, manager, secretary or other
similar officer or any person purporting to act in such a capacity.
[cxlviii]
(3) Where it is proposed to cancel
a timber permit under Subsection(1), the Managing Director shall serve a notice
on the holder—
(a) advising him of the intention to
cancel the timber permit and of the reasons for the intended cancellation; and
(b) requiring him, within 14 days from
the date of service of the notice, to make representations as to why the timber
permit should not be cancelled.
[cxlix]
(4) On the request of the holder
within 14 days from the date of service of the notice under Subsection (3), the
Managing Director shall allow the holder an opportunity to be heard.
(5) Where the holder does not make,
within the 14 day period, representations under Subsection (3)(b) or a request
to be heard under Subsection (4), the Minister shall cancel the timber permit.
[cl]
(6) The Minister shall consider any
representations made under Subsection (3)(b), and, where appropriate, shall
cancel the timber permit.
[cli](7) Where
there has been a hearing under Subsection (4)—
(a) the Managing Director shall make
and forward to the Board a written report on the hearing; and
(b) the Board shall consider the report
and forward it, together with its recommendations thereon, to the Minister; and
(c) the Minister shall consider the
report and the recommendations from the Board and, where appropriate, shall
cancel the permit.
Subdivision D.—Timber authority.
87. Timber
authority.
[clii]
(1) Upon the recommendation of the
Provincial Forest Management Committee and the consent of the Board under
Section 89 and otherwise subject to this section and to Sections 88 and 89, a
Chairman of the Provincial Forestry Committee shall grant to a registered
forest industry participant a timber authority—
(a) where—
(i) subject to Subsection (5), the
amount of timber to be harvested annually from the project area does not exceed
5,000m3; and
(ii) the timber to be harvested is
for domestic processing only; or
[cliii](b) for
purposes of—
(i) the removal of trees on areas
designated for agriculture or other land use by the relevant authorities where
the agriculture or other land use would result in a clearance of less than 50
hectares of trees; or
(ii) the removal of trees on areas
designated for a road by the relevant authorities where the roadline would not
exceed 12.5 kilometres outside the area covered by the Forest Management
Agreement; or
(c) for the purposes of harvesting of
other forest produce to an amount specified in the timber authority.
(2) A timber authority shall—
(a) be in the prescribed form; and
(b) include a description of the
project area; and
(c) specify the amount of allowable
cut or forest produce that may be taken; and
(d) specify the term, appropriate to
the project area, for which the timber authority applies; and
(e) require a performance bond in
accordance with Section 98 for an amount specified in the timber authority; and
(f) specify such conditions as are
laid down by the Provincial Forest Management Committee.
(3) The effect of a timber
authority is to authorize the holder to carry out the operations specified in
the timber authority in the project area for the specified term, subject to any
conditions specified in the timber authority.
(4) A timber authority may be
granted without feasibility study, guidelines, advertisement or the other
procedure set out in Sections 61 to 65 inclusive and is non-transferable.
[cliv]
(5) Where the registered forest
industry participant is the holder of a timber authority or timber authorities
within a distance of 10km from any boundary of the project area, the aggregate
amount of timber to be harvested annually from that timber authority or those
timber authorities and the project area shall not exceed 5000m3.
88. Application
for timber authority.
(1) A registered forest industry
participant may make application for a timber authority.
(2) An application under Subsection
(1) shall—
(a) be in the prescribed form; and
[clv](b) be
lodged with the Managing Director; and
(c) be accompanied by—
(i) the prescribed fee; and
(ii) the prescribed particulars;
and
(iii) a map of the area in respect
of which application is made for the timber authority; and
(iv) details of the project
proposed; and
(v) details of any agreements
relating to the sale of timber harvested; and
(vi) verification of ownership; and
(vii) the written consent of the
landowners to the project proposed.
89. Application
to be referred to Provincial Forest Management Committee.
[clvi]
(1) On receipt of an application
under Section 88, the Managing Director, on being satisfied that the
application has been lodged in the approved manner, shall refer the application
to the Provincial Forest Management Committee who shall—
(a) consider and evaluate the
application; and
(b) thereafter make recommendations to
the provincial Minister.
(2) An evaluation of an application
will be made against—
(a) the National Forest Policy; and
(b) any relevant Provincial Government
policies, provided they are not inconsistent with the National Forest Policy;
and
(c) 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 may require the
assistance of the National Forest Service and of any relevant Department.
[clvii]
(4) Where the Provincial Forest
Management Committee, after having considered and evaluated an application, is
of the opinion that it is satisfactory it shall recommend to the Chairman of
the Provincial Forestry Committee to grant a timber authority to the applicant.
[clviii]
(5) On receipt of a recommendation
under Subsection (4), the Chairman of the Provincial Forestry Committee shall
give notification to the Board that he intends to grant a timber authority over
the project area and shall request the consent of the Board to the grant.
(6) Where the Board does not
respond to a notification under Subsection (5) within four weeks of the date on
which notification was given, consent to the grant of the timber authority to
which the notification relates, shall be deemed to have been given.
90. Conviction
of the holder of a timber authority, etc.
(1) Where the holder of a timber
authority (or where the holder is a corporate person, any of the principals of
the holder)—
(a) is or are convicted of an offence—
(i) against this Act; or
(ii) concerning forestry matters,
against any other law; or
(b) has or have failed to comply with
any or the conditions of the timber authority,
[clix]the
Chairman of the Provincial Forestry Committee may cancel the timber authority.
(2) For the purposes of Subsection
(1), "principals" includes director, manager, secretary or other
similar officer or any person purporting to act in such a capacity.
[clx]90A. A large scale conversion of forest to
agricultural or other land use.
(1) A person may make application
in the prescribed form and accompanied by the prescribed application fee for an
authority to carry out any agricultural or other land use development (other
than roadline clearing on an existing forested area) where the amount of
proposed clearance of natural forest for the project is greater than 50 hectares
in total.
(2) An application under Subsection
(1) shall not be made where the proposed project is within a Forest Management
Agreement Area, Timber Rights Purchase Agreement Area or Local Forest Area
except with the approval of the Board and, where applicable, the holder of any
relevant Timber Permit.
(3) An application under Subsection
(1) shall contain—
(a) a detailed development plan,
evaluation report and certificate of approval from the Secretary of the
Department responsible for agriculture and livestock matters or the Secretary
of any relevant Government Department or such other evaluation reports and
certificates as the Board considers necessary; and
(b) a copy of the relevant State Lease
or other documentation relating to other type of land tenure appropriate for
the project; and
(c) an implementation schedule for the
complete agricultural or other land use project showing the precise areas and
proposed rate of harvesting to be carried out by an independent contractor
appointed by the Forest Authority and successive land use development approved
in writing by the Departmental Head of the Department responsible for
agriculture and livestock matters or the Secretary of the relevant Government
Department or, where relevant, the Provincial Government including detailed
start and completion dates of all activities associated with the project; and
(d) details of costs of the
agricultural or other land use project and a certificate from a bank or
financial institution which is satisfactory to the Managing Director certifying
that the full costs of funding the project will be available to the applicant;
and
(e) a map and description of the
project area in respect of which the application is made showing any areas of
slope in excess of 30° or any other areas which are unsuitable for agricultural
or other land use development and any areas important for conservation; and
(f) a verification of ownership and
the consent of each resource owning clan agent (or incorporated Land Groups if
they have been formed) within the project area, which has been signed in the
presence of a Village Court Magistrate or land mediator in the prescribed form;
and
(g) supporting letters from any other
relevant Department authorities or relevant industry body regarding the appropriateness
of the design and implementation of the proposed project; and
(h) an approval in writing from the
office or Department responsible for environment and conservation matters of
the environment impact statement submitted by the applicant to that office or
Department; and
(i) details of equipment and manpower
suitable for the development of the proposed project and evidence of past
experience in such developments; and
(j) such other particulars as are
prescribed.
[clxi]90B. Dealing with applications for
agricultural or other land use.
(1) if the Board determines that
an application under Section 90A is in the prescribed form and contains all
relevant particulars, it shall—
(a) by written notice consult with any
government body that has, in its opinion, an interest in the grant of the
application or that has any jurisdiction in the area to which the application
relates; and
(b) arrange for public hearings at
which government bodies and the private sector may be heard; and
(c) prepare, not less than seven days
prior to the hearings referred to in Paragraph (b), a report and summary of
matters associated with the application and the Board's consultation under
Paragraph (a).
(2) Notice of an application and a
public hearing in respect of it shall be given by the Board by publication in
the prescribed form—
(a) in the National Gazette; and
(b) in a newspaper circulated
nationally; and
(c) in a newspaper circulated in the
province in which the area, the subject of the application, is situated (if
any) and by a radio broadcasting service that specifically services the
province (if any).
(3) A notice under Subsection (2)
shall specify the date of the hearing not less than 28 days from the date of
publication of the notice.
(4) The Board shall appoint a
person to be the Chairman of the hearing who shall conduct a hearing, as he
thinks fit, and such hearing shall be held at or as near as practicable to the
proposed agricultural or other land use project site.
(5) A person may, on payment of the
prescribed fee, inspect and make copies of the summary referred to in
Subsection (1)(c).
(6) Upon the completion of the
hearing under Subsection (4), the Chairman of the hearing shall refer the
application and a summary of the hearing to the Provincial Forest Management
Committee who shall—
(a) consider and evaluate the
application and the summary of the hearing; and
(b) thereafter make recommendations to
the Board.
(7) An evaluation of an application
by the Provincial Forest Management Committee under Subsection (6) shall be
made taking into account—
(a) the National Forest Policy; and
(b) any relevant Provincial Government
policies provided they are not inconsistent with the National Forest Policy;
and
(c) the commercial viability of the
project including the financial resources of the applicant, the past
performance of the applicant in agriculture or the proposed land use and other
projects, analysis of projected cash flows and the anticipated net benefit to
the resource owners and to the State; and
(d) any other matters that the
Provincial Forest Management Committee considers relevant.
(8) In making an evaluation under
this Subsection (7), the Provincial Forest Management Committee may request the
assistance of the National Forest Service and of any relevant Department.
(9) Where the Provincial Forest
Management Committee, after having considered and evaluated an application, is
of the opinion that it is satisfactory, it shall recommend to the Board to
approve the application for a conversion of the forest to agriculture or other
land use.
(10) If the Provincial Forest
Management Committee is not satisfied with the application it shall inform the
Board accordingly together with reasons for its decision and the application
shall be rejected.
(11) The Board shall inform the
applicant of the rejection of the application and the reasons therefor.
(12) If the Board is satisfied with
the recommendation under Subsection (9) and the outcome of the public hearing
under Subsection (4), the Board may recommend to the Minister to recommend to
the National Executive Council to endorse the application for a conversion of
the forest to agriculture or other land use in respect of the project area.
(13) If the Board is not satisfied
with the recommendation or the outcome of the public hearing or both, it shall
reject the application and advise the applicant that the application has been
rejected and giving the reasons for the rejection.
(14) When the Minister receives the
recommendation from the Board under Subsection (12), he shall refer the
application together with the recommendation from the Provincial Forest
Management Committee and the Board and all its evaluation reports, certificates
of approvals from all relevant Departments and a summary of the public hearing
to the National Executive Council.
(15) The National Executive Council
shall consider the application and other papers referred to it under Subsection
(14) and shall direct the Minister to—
(a) endorse; or
(b) reject,
the application and if the
application is rejected it shall state the reasons for the rejection.
(16) The Minister shall—
(a) comply with a direction under
Subsection (15); and
(b) advise the Board of the direction.
(17) If the National Executive
Council does not endorse the project, the Board shall inform the applicant and
the Provincial Forest Management Committee of the decision of the National
Executive Council and the reasons for the rejection of the application.
(18) On the receipt of the advice
from the Minister that the National Executive Council has endorsed an
application, the Board shall call for tenders only from registered forest
industry participants by advertisement in Papua New Guinea or abroad in such a
manner considered by the Board likely to be most effective and specifying a
date on or before which proposals for the forest clearing operation shall be
lodged.
(19) An applicant for the proposed
agricultural or other land use project or any related person or corporation as
that expression is defined in the Companies Act 1997 is prohibited from
tendering for the project providing that in the event no tenderers are received
or they are, in the Board's opinion, commercially unsatisfactory, then in such
a case, the Board may invite the applicant to carry out the forest clearing
operation and, if the applicant agrees, the applicant shall then be deemed for
the purposes of Section 90(b) to be the successful tenderer.
(20) The successful tenderer shall
enter into the prescribed Sales and Purchase Agreement with the customary
owners which agreement shall provide for the purchase, harvesting, processing
or marketing of timber and other forest products and which agreement shall be
subject to the grant of a forest clearing authority by the Board.
(21) The Board shall, on the
completion of the sales and purchase agreement, grant to the applicant an
authority to carry out an agricultural or other land use development which
authority shall—
(a) be in the prescribed form; and
(b) require a performance bond in
accordance with Section 98 for an amount specified in the authority; and
(c) specify such other conditions as
are laid down by the Board.
(22) A grant of a forest clearing
authority shall—
(a) be in the prescribed form; and
(b) in order to ensure that the planned
use by the successful applicant referred to in Section 90(A)(1) actually takes
place, provide that any forest clearing operation shall be authorized in four
phases, each phase—
(i) shall represent approximately
one quarter of the total area to be cleared under a forest clearing authority;
and
(ii) shall contain such conditions
as are determined by the Board; and
(iii) shall be subdivided into
blocks for clearing of a maximum 500 hectares unless the Board considers that
the maximum of 500 hectares is inappropriate in the circumstances in which case
it may increase or decrease the maximum clearance figure; and
(c) provide that the successful
tenderer shall comply with the approved implementation schedule determined by
the Department responsible for agriculture and livestock matters or other
relevant Department; and
(d) provide that a further phase under
the same forest clearing authority may only be granted for the same purposes of
forest clearance for agricultural or other land use where all conditions
relating to an agricultural development plan or other land use implementation
schedule have been satisfied; and
(e) provide that the rights under the
authority may be suspended where the planned land use by the applicant referred
to in Section 90(A)(1) is not progressing according to, or meeting the set
standards of, the Department responsible for agriculture and livestock matters
or other relevant government agency or instrumentality's approved
implementation schedule; and
(f) require a performance bond in
accordance with Section 98 for an amount specified in the authority; and
(g) specify such other conditions as
are laid down by the Board.
(23) If an application for an
agricultural or other land use development is at any stage and for any reason
rejected, the applicant may at any time make a fresh application together with
the prescribed application fee.
[clxii]90C. Large scale conversion of forest to
road.
(1) A person may make application
in the prescribed form and accompanied by the prescribed application fee for an
authority to carry out any roadline development over an existing forested area
where the proposed road will be greater than 12.5 kilometres in length.
(2) An application under Subsection
(1) may not be made where the proposed road project is within a Forest
Management Agreement Area, a Timber Rights Purchase Agreement Area or Local
Forest Area except with the agreement of the Board and, where applicable, the
holder of any relevant Timber Permit
(3) An application under Subsection
(1) shall contain—
(a) a detailed development plan,
evaluation report and certificate of approval from the Departmental Head of the
Department responsible for transport matters certifying that the proposed road
route is in accordance with the relevant National or Provincial infrastructure
plans, and that funding is available to maintain the road after construction or
such other evaluation, reports and certificates as the Board considers
necessary; and
(b) a certificate from the Departmental
Head of the Department responsible for works matters certifying that the
proposed standard of construction and design (including alignment) for the road
meets the Department's standards; and
(c) a certificate from the relevant
Provincial Government certifying in writing that it approves the construction
of the public road in the province and that the approval is given in terms of
the design certified by the Departmental Head of the Department responsible for
works matters and that when the responsibility to maintain the road is with the
relevant Provincial Government, and that the Provincial Government undertakes
that it can and will maintain the road when built; and
(d) an implementation schedule for the
complete roadline project showing the precise areas and the proposed rate of
harvesting to be carried out by an independent contractor appointed by the
Forest Authority and successive land use development approved in writing by the
Departmental Head of the Department responsible for transport matters including
detailed start and completion dates of all activities associated with the
roadline project; and
(e) details of costs of the roadline
project and a certificate from a bank or financial institution certifying that
the full costs of funding the roadline project will be made available to the
applicant; and
(f) a map and description of the
roadline project area in respect of which the application is made giving
details of land tenure and showing the route of the proposed road in numbered 5
kilometre sections; and
(g) a verification of ownership and
the consent of each resource owning clan agent (or incorporated Land Groups if
they have been formed) within the project area, which has been signed in the
presence of a Village Court Magistrate or land mediator in the prescribed form;
and
(h) supporting letters from any other
relevant Department authorities or relevant industry bodies regarding the
appropriateness of the design and implementaion of the proposed roadline project;
and
(i) details of equipment and manpower
suitable for the development of the proposed roadline project and evidence of
past experience in such developments; and
(j) such other evaluation reports and
certificates as the Board considers necessary and as prescribed.
[clxiii]90D. Dealing with applications for
conversion of forest to road.
(1) If the Board determines that an
application under Section 90C in the prescribed form contains all relevant
particulars, it shall—
(a) by written notice consult with any
government body that has, in its opinion, an interest in the grant of the
application or that has any jurisdiction in the area to which the application
relates; and
(b) arrange for public hearings at
which government bodies and the private sector may be heard; and
(c) prepare, not less than seven days
prior to the hearings referred to in Paragraph (b), a report and summary of
matters associated with the application and the Board's consultation under
paragraph (a).
(2) Notice of an application and a
public hearing in respect of it shall be given by the Board by publication in
the prescribed form—
(a) in the National Gazette; and
(b) in a newspaper circulated
nationally; and
(c) in a newspaper circulated in the
province (if any) in which the area, the subject of the application, is
situated and by a radio broadcasting service that specifically services the
province (if any).
(3) A notice under Subsection (2)
shall specify the date of the hearing not less than 28 days from the date of
publication of the notice.
(4) The Board may appoint a person
to be the Chairman of the hearing who shall conduct a hearing, as he thinks
fit, and such hearing shall be at or as near as practicable to the proposed
roadline project site.
(5) A person may, on payment of the
prescribed fee, inspect and make copies of the summary referred to in
Subsection (1)(c).
(6) Upon the completion of the
hearing referred to in Subsection (4), the Chairman of the hearing shall refer
the application and summary of the hearing to the relevant Provincial Forest
Management Committee who shall—
(a) consider and evaluate the
application and the hearing summary; and
(b) thereafter make recommendations to
the Board.
(7) An evaluation of an application
by the Provincial Forest Management Committee under Subsection (6) shall be
made taking into account—
(a) The National Forest Policy; and
(b) any relevant Provincial Government
policies provided they are not inconsistent with the National Forest Policy;
and
(c) the commercial viability of the
project including the financial resource of the applicant, the past performance
of the applicant in roadline projects and other projects, analysis of projected
cash flows and the anticipated net benefit to the resource owners and to the
State; and
(d) any other matters that the
Provincial Management Committee considers relevant.
(8) In making an evaluation under
Subsection (7), the Provincial Forest Management Committee may request the
assistance of the National Forest Service and of any relevant Department.
(9) Where the Provincial Forest
Management Committee, after having considered and evaluated an application, is
of the opinion that it is satisfactory, it shall recommend to the Board to
approve the application for a conversion of the forest to roadline.
(10) If the Provincial Management
Committee is not satisfied with the application, it shall inform the Board
accordingly together with the reasons for its decision and the application
shall be rejected.
(11) The Board shall inform the
applicant of the rejection of the application and the reasons therefor.
(12) If the Board is satisfied with
the recommendation made under Subsection (9) and the outcome of the public
hearing under Subsection (4), the Board shall recommend to the Minister to
recommend to the National Executive Council to endorse the application for a
conversion of the forest to road use in respect of the project area.
(13) If the Board is not satisfied
with the recommendations and the outcome of the public hearing or both, it
shall reject the application and advise the applicant that the application has
been rejected and giving the reasons for the rejection.
(14) When the Minister receives the
recommendation from the Board under Subsection (12), he shall refer the
application together with the recommendation from the Provincial Forest
Management Committee and the Board and all evaluations reports, certificates of
approvals from all relevant Departments and a summary of the public hearing to
the National Executive Council for its consideration.
(15) The National Executive Council
shall consider the application and other papers referred to it under Subsection
(14) and shall direct the Minister to—
(a) endorse; or
(b) reject,
the application and if the
application is rejected, it shall state the reasons for the rejection.
(16) The Minister shall—
(a) comply with a direction under
Subsection (15); and
(b) advise the Board of the direction.
(17) If the National Executive
Council does not endorse the project, the Board shall inform the applicant and
the Provincial Forest Management Committee of the decision of the National
Executive Council and the reasons for the rejection of the application.
(18) On receipt of the advice from
the Minister that the National Executive Council has endorsed an application,
the Board shall call for tenders only from registered forest industry
participants by advertisement in Papua New Guinea or abroad in such manner
considered by the Board likely to be most effective and specifying a date on or
before which proposals for the forest clearing operation must be lodged.
(19) An applicant for the proposed
roadline project or any related person or corporation as that expression is
defined in the Companies Act 1997 is prohibited from tendering for the
project provided that in the event no tenderers are received or they are, in
the Board's decision, commercially unsatisfactory, then, in such a case, the
Board may invite the applicant to carry out the forest clearing operation and,
if the applicant agrees, the applicant shall be deemed, for the purposes of
Section 90D, to be the successful tenderer.
(20) The successful tenderer shall
enter into the prescribed Sales and Purchase Agreement with the customary
owners which agreement shall provide for the purchase, harvesting, or marketing
of timber and other forest products and which agreement shall be subject to the
grant of a forest clearing authority by the Board.
(21) The Board shall, on the
completion of the Sales and Purchase Agreement, grant to the applicant an authority
to carry out any roadline development which authority shall—
(a) be in the prescribed from; and
(b) require a performance bond in
accordance with Section 98 for an amount specified in the authority; and
(c) specify such other conditions as
are laid down by the Board.
(22) A grant of a forest clearing
authority shall—
(a) be in the prescribed form; and
(b) provide that forest clearance for
road construction shall only be authorized in stages of 20 kilometres in length
in order to ensure actual construction of the road takes place; and
(c) provide that the forest clearing
must follow a surveyed alignment which must have been carried out by a
registered surveyor; and
(d) specify that where the Managing
Director receives a statement in writing from the Department responsible for
works matters that road construction has been completed in the previous section
of cleared road corridor to the requirements of the Department, the Managing
Director may authorize further road clearance to take place in a further
section of road corridor, not exceeding 20 kilometres in length, which is next
scheduled for clearing; and
(e) specify that the maximum roadline
corridor which may be cleared under a forest clearance authority shall not
exceed—
(i) in respect to the corridor
length — the length of road planned to be constructed; and
(ii) in respect to the corridor
width for each and every stage of forest clearance — shall not exceed 40 metres
in width and such said width shall not be more than 20 metres on either side of
the centre of the road; and
(f) provide that the rights under the
authority may be suspended where—
(i) construction of the road in
the corridor cleared under the timber authority is not progressing according to
the approved implementation schedule of the Department responsible for
transport matters or the Department responsible for works matters; or
(ii) the applicant has not provided
the Authority with a certificate from the Department responsible for works
matters confirming that the length of road constructed in the roadline has been
cleared in accordance with any stage of an implementation schedule and that it
meets the road construction standards of that Department.
(g) require a performance bond in
accordance with Section 98 for an amount specified in the authority; and
(h) specify such other conditions
as are laid down by the Board.
(23) If, at any time, after the
coming into operation of this provision, a road that is presently being
constructed or that is proposed to be constructed through forested areas under
an existing permit, authority or licence and which is at variance with any of
the provisions of this section, then, in such a case, such permit authority or
licence, as the case may be, shall be varied by the Authority so that such
permit authority complies with this section and no compensation shall be
payable to the permit, authority or licence holder, as the case may be, as a
result of such holder being required to comply with this section.
(24) If an application for a roadline
development is at any stage and for any reason rejected the applicant may at
any time make a fresh application together with the prescribed application
fees.
90E. Cancellation, etc., of authorities.
An authority to carry out an agricultural
or other land use, forest clearing authority or authority to carry out a
roadline development granted under Section 90B or 90D is subject to the
provisions of Section 97 relating to the right of the Minister to cancel the
authority as if that authority was a licence.
Subdivision E.—Licence.
[clxiv]91. Issue
of a licence.
(1) The Board may, on the application
of a registered forest industry participant, issue to that registered forest
industry participant, a licence to engage in forest industry activities other
than those carried out, or proposed to be carried out, under a timber permit or
timber authority held by the forest industry participant.
(2) A licence shall—
(a) be in the prescribed form; and
(b) include as a condition compliance
with the terms and conditions of any timber permit or timber authority or
permit to which the activities authorized by the licence are related; and
(c) specify the activity or activities
in respect of which the licence is granted; and
(d) require a performance bond in
accordance with Section 98 for an amount specified in the licence; and
(e) include such other conditions in
accordance with the National Forest Policy as are applicable.
92. Application
for a licence.
An application for a licence—
(a) may be made only by a registered forest
industry participant or registered consultant; and
(b) shall be in the prescribed form;
and
(c) shall be accompanied by the
prescribed particulars; and
(d) shall specify the activity in
respect of which the licence is sought; and
(e) shall be accompanied by the
prescribed fee; and
[clxv](f) shall
be lodged with the Managing Director.
93. Application
to be referred to Board.
(1) On receipt of an application
under Section 92, the Managing Director shall refer the application to the
Board who shall consider and evaluate the application.
(2) An evaluation of an application
will be made against—
(a) the National Forest Policy; and
(b) any relevant Provincial Government
policies, provided they are not inconsistent with the National Forest Policy;
and
(c) the commercial viability of the
activity (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); and
(d) in the case of a consultant, the
need for a consultancy in the activity.
(3) In making an evaluation under
this section, the Board may require the assistance of the National Forest
Service and of any relevant Department.
(4) Where the Board, after having
considered and evaluated an application, is of the opinion that it is satisfactory
it may grant a licence to the applicant.
94. Term
of a licence.
A licence may be granted for a term not
exceeding 12 months.
95. Extension
of term of licence.
[clxvi]
(1) Subject to Subsection (2), the
Board shall, on the application in the prescribed manner by the holder of a
licence, grant an extension or extensions of the licence, each for such period
not exceeding 12 months as the Board determines.
[clxvii]
(2) Where a condition of a licence
has been breached, the Board shall not grant an extension of the term of the
licence.
96. Licence
not transferable.
A licence is not transferable and shall
not be amended.
97. Conviction
of the holder of a licence, etc.
(1) Where the holder of a licence
(or where the holder is a corporate person, any of the principals of the
holder)—
(a) is or are convicted of an offence—
(i) against this Act; or
(ii) relating to forestry matters,
against any other law; or
(b) has or have failed to comply with
any of the conditions of the licence,
the Minister may cancel the licence.
(2) For the purposes of Subsection
(1), "principals" includes director, manager, secretary and other
similar officer or any person purporting to act in such a capacity.
[clxviii](3) Where
it is proposed to cancel a licence under Subsection (1), the Managing Director
shall serve a notice on the holder—
(a) advising him of the intention to
cancel the licence and of the reason for the intended cancellation; and
(b) requiring him, within 14 days from
the date of service of the notice to make representations as to why the licence
should not be cancelled.
[clxix](4) On
the request of the holder within 14 days from the date of service, the Managing
Director shall allow the holder an opportunity to be heard.
[clxx](5) Where
the holder does not, within the 14 days period, make representations under
Subsection (3)(b) or a request to be heard under Subsection (4), the Minister
shall cancel the licence.
[clxxi](6) The
Minister shall consider any representations made under Subsection (3)(b) and,
where appropriate, shall cancel the licence.
[clxxii](7) Where
there has been a hearing under Subsection (4)—
(a) the Managing Director shall make
and forward to the Board a written report on the hearing; and
(b) the Board shall consider the report
and forward it, together with its recommendations thereon, to the Minister; and
(c) the Minister shall consider the
report and the recommendations from the Board and, where appropriate, shall
cancel the licence.
Subdivision F.—Performance Bonds.
98. Performance
Bonds.
(1) A performance bond required
under—
(a) Section 73(2)(h) or 81(2) in
relation to a timber permit; or
(b) Section 87(2)(e) in relation to a
timber authority; or
(c) Section 91(2)(d) in relation to a
licence; or
[clxxiii](ca) Section
90B(21)(b) in relation to a grant of an authority to carry out an agricultural
or other land use development; or
[clxxiv](cb) Section
90B(22)(f) in relation to a grant of a forest clearing authority; or
[clxxv](cc) Section
90D(21)(b) in relation to a grant of an authority to carry out a roadline
development; or
[clxxvi](cd) Section
90D(22)(f) in relation to a forest clearing authority,
shall be—
(d) in the prescribed form; and
[clxxvii](e) lodged
with a bank approved by the Managing Director; and
[clxxviii](f) subject
to Subsection (2), authorize the Authority to draw directly on the bond in the
event of non-performance by the holder of the timber permit, timber authority
or licence, or forest clearing authority, authority to carry out an agriculture
or other land use development or an authority to carry out roadline clearing,
as the case may be, of any condition or requirement of the timber permit,
timber authority or licence or forest clearing authority, authority to carry
out an agriculture or other land use development or an authority to carry out
roadline clearing respectively, or of any provision of this Act.
(2) The Authority may draw directly
on a bond only—
(a) after following the prescribed
procedures; and
(b) to the extent of the prescribed
scale of deductions for nominated breaches of conditions or requirements.
(3) Where the Authority has drawn
on a bond in accordance with this section, the holder of the timber permit,
timber authority or licence, as the case may be, shall, within 30 days of being
so notified by the Authority, deposit with the bank a sum equivalent to the
amount drawn.
[clxxix](4) No
Timber Permit, timber authority, licence, forest clearing authority or an
authority to carry out an agricultural or other land use development or
roadline development shall commence or be in effect until the performance bond
payable under Section 98 has been lodged with the Authority.
[clxxx](5) If
such bond is not lodged within 21 days of the date of grant of a Timber Permit,
Timber Authority, Licence, forest clearing authority or for an Authority to
carry out any agriculture or other land use development or roadline
development, then the said grant or authority, as the case may be, shall be
deemed void and shall be cancelled by the Board forthwith.
[clxxxi](6) The
Board may, in its absolute and unfettered discretion, on being satisfied that
extenuating circumstances exist, on application by the holder of a Timber
Permit, Timber Authority, Licence, forest clearance authority or authority to
carry out any agriculture or other land use development or roadline
development, as the case may be, extend the time prescribed in Section 98(5) by
which a person is required to lodge a performance bond.
[clxxxii](7) The
amount of a bond for a timber permit, timber authority, licence, an authority
under Section 90B(21) and 90D(21) and a clearing authority under Section
90B(22) and 90D(22) shall be as determined by the Board.
Division
6.—Forest Management Controls.
99. Documents
to be provided by holders of timber permits.
The holder of a timber permit shall, to
ensure proper management of the project, submit to the Board for approval—
(a) a project statement in accordance
with Section 100; and
(b) a five year forest working plan in
accordance with Section 101; and
(c) an annual logging plan in
accordance with Section 102.
[clxxxiii]
100. Project
Statement.
(1) A project statement shall be
submitted to the Board by the holder of a timber permit—
(a) before any rights under that
timber permit are exercised; and
(b) one month prior to the end of each
three years of operations under the permit.
(2) The project statement shall be
a general outline of the objectives and strategies of the holder of a timber
permit in relation to the project over the succeeding five years and shall
contain details as prescribed.
[clxxxiv]
101. Five
year working plan.
(1) A five year working plan shall
be submitted to the Board by the holder of a timber permit—
(a) before any rights under that
timber permit are exercised; and
(b) one month prior to the end of each
three years of operations under the permit.
(2) The five year working plan
shall describe the proposed activities under the permit over the succeeding
five years and shall contain details as prescribed.
[clxxxv]
102. Annual
logging plan.
(1) An annual logging plan shall be
submitted to the Board by the holder of a timber permit—
(a) before any timber rights under
that timber permit are exercised; and
(b) one month prior to the end of each
year of operations under the permit.
(2) The annual logging plan shall
detail the proposed work to be carried out under the permit over the succeeding
12 months and shall contain details as prescribed.
(3) A Forest Inspector or Forest
Officer shall check on work as prescribed and, where satisfied that a unit of
work has been completed as detailed in the annual logging plan, shall issue a
certificate to that effect.
(4) Where a certificate has been
issued under Subsection (3), the holder of a timber permit may carry out
further work under and in accordance with the permit.
103. Identification
and measurement of timber felled under timber permit or timber authority.
(1) Any timber taken under a timber
permit or timber authority shall be identified, measured and branded in a
manner specified by the Managing Director.
[clxxxvi](2) The
Managing Director may specify different methods of identification, measurement
and branding for different categories of timber.
[clxxxvii](3) The
holder of a timber permit or timber authority shall keep, and at all times make
available for inspection by a Forest Inspector, a written record of
identification, measurements and branding of all timber taken under the timber
permit or timber authority.
(4) A Forest Inspector may, at any
time, measure or estimate the volume and quantity of timber felled and, for the
purposes of determining royalty or other charges payable in respect of such
timber, such measurement or estimate shall prevail, notwithstanding that the
timber has been measured in accordance with Subsection (1).
[clxxxviii]103A. Public register.
(1) There is established a Public
Register to be kept and maintained by the Authority.
(2) The Public Register shall—
(a) be in the prescribed form; and
(b) contain such particulars as are
required by this section or as are prescribed.
(3) The Public Register shall
contain—
(a) summaries of decisions of the
Board containing brief facts and the resolutions thereto but shall not contain
summaries of matters which are of a commercial-in-confidence nature or
sub-judice or information which is not in the public interest and ought not to
be in the public domain; and
(b) maps relating to forests; and
(c) details of—
(i) registered Forest Industry
Participants and Consultants; and
(ii) licenced Scalers; and
(iii) registered timber processing
plants, including an extract of the relevant certificate of registration of
licence; and
(iv) Timber Permit holders; and
(v) timber authority holders; and
(vi) licence holders; and
(vii) holders of forest clearing
authorities; and
(viii) holders of authorities to
carry out large scale agricultural or other land use projects; and
(ix) authorities to carry out large
scale roadline projects, including an extract containing a description of the
timber area, the name of the permit or authority holder, the permit or
authority number and the duration of the permit or authority; and
(x) forest potential areas
including an extract containing their details and the unallocated areas; and
(xi) Forest Management Agreements
and field reports relating to the signing of the Agreements with resource
owners.
PART
IV.—REGISTRATION OF FOREST INDUSTRY PARTICIPANTS AND CONSULTANTS.
[clxxxix]104. [Repealed].
105. Person
not to apply for or be granted a licence, etc., unless registered under this
Part.
A person shall not—
(a) apply for or be granted permission
to enter a project area to carry out feasibility studies under Section 65
unless registered as a forest industry participant or consultant under this
Part; or
(b) make project proposals under
Section 66 unless registered as a forest industry participant under this Part;
or
(c) apply for or be granted a timber
permit or timber authority—unless registered as a forest industry participant
under this Part; or
(d) apply for or be granted a
licence—unless registered as a forest industry participant or consultant under
this Part.
106. Register
of Forest Industry Participants and Consultants.
[cxc]The
Managing Director shall establish and maintain a Register of Forest Industry
Participants and Consultants.
107. Application
for registration.
[cxci](1) A
person may apply to the Managing Director for registration as a forest industry
participant or a consultant.
(2) An application under Subsection
(1) shall—
(a) be in the prescribed form; and
(b) specify the full name and address
of the applicant; and
[cxcii](c) specify
the activity or activities in respect of which the applicant requires to be
registered as a forest industry participant or consultant; and
(d) contain the prescribed particulars;
and
(e) be accompanied by the prescribed
fee.
[cxciii]108. Managing
Director may require further information.
On receipt of an application under
Section 107, the Managing Director shall consider the application and, where he
is of the opinion that further information is required from the applicant, may
require the applicant, if he wishes to proceed with the application, to furnish
such further information.
[cxciv]109. Managing
Director to refer applications to Board with recommendation.
(1) Where the Managing Director is
satisfied that he is in receipt of sufficient information to enable him fully
to consider an application under Section 107, he shall—
(a) consider the application fully;
and
(b) refer the application to the Board
with a recommendation as to whether or not the applicant should be registered
as a forest industry participant or as a consultant.
[cxcv](2) In
considering an application and making a recommendation under Subsection (1),
the Managing Director shall have regard to—
(a) the financial resources of the
applicant; and
[cxcvi](b) the
expertise and experience of the applicant in the activity or activities in
respect of which application is sought; and
(c) any previous performances of the
applicant in the forest industry.
110. Board
to consider application, etc., and make direction.
[cxcvii](1) The
Board shall, on receipt of a referral under Section 109(1)(b), consider the
application and recommendation and shall direct the Managing Director—
(a) to register the applicant as a
forest industry participant or as a consultant; or
(b) not to register the applicant as a
forest industry participant or as a consultant.
(2) In considering an application
and recommendation under Subsection (1), the Board shall have regard to the
matters specified in Section 109(2).
[cxcviii]111. Duties
of Managing Director.
The Managing Director shall, on receipt
of a direction—
[cxcix](a) under
Section 110(1)(a)—register the applicant as a forest industry participant or
consultant in respect of the activity or activities specified in the
application and issue to the applicant a certificate of registration; or
(b) under Section 110(1)(b)—advise the
applicant of the decision of the Board.
112. Cancellation
of registration.
[cc](1) Where—
(a) a person registered under this
Part (or where a person so registered is a corporate person, any of the
principals of that corporate person) is convicted of—
(i) an offence against a provision
of this Act; or
(ii) an offence involving
dishonesty under any law; or
(b) the Managing Director is of the
opinion that there has been a change in the circumstance of a person registered
under this Act sufficient to justify cancellation of registration,
the Managing Director may refer the
matter to the Board for consideration as to whether registration should be
cancelled.
[cci](2) Before
making a referral under Subsection (1), the Managing Director shall notify the
person registered of his intention to make the referral and shall invite him to
make a submission within 14 days as to why the registration should not be
cancelled.
(3) A referral under Subsection (1)
shall be accompanied by—
[ccii](a) a
statement by the Managing Director of the reasons for the referral; and
(b) any submission made under
Subsection (2).
[cciii](4) The
Board shall, on receipt of a referral under this section, consider the
statement and any submission and direct the Managing Director—
(a) to cancel the registration
forthwith; or
(b) to cancel the registration with effect
from a future date to allow for completion of a current project; or
(c) not to cancel the registration.
[cciv](5) The
Managing Director shall, on receipt of a direction—
(a) under Subsection (4)(a)—cancel the
registration and advise the person involved of the cancellation; and
(b) under Subsection (4)(b)—advise the
person registered of the proposed cancellation and subsequently cancel the
registration in accordance with the direction; and
(c) under Subsection (4)(c)—advise the
person registered of the decision of the Board.
[ccv](6) Where
the registration of a person is cancelled under this section, any timber
permit, timber authority or licence held by that person is suspended with
effect on and from the date of cancellation of the registration.
113. Appeal.
(1) Where—
[ccvi](a) an
applicant is aggrieved by a decision of the Board under Section 109(1)(b); or
(b) a person is aggrieved by a decision
of the Board to cancel his registration under Section 112(4)(a) or (b),
he may appeal in writing to the
Minister for a review of the decision.
(2) On receipt of an appeal under
Subsection (1), the Minister shall—
(a) obtain a report on the matter from
the Board; and
(b) consider the appeal and the report;
and
(c) uphold or reject the appeal; and
[ccvii](d) advise
the Board and the Managing Director and the appellant of his decision under
Paragraph (c).
[ccviii](3) The
Managing Director shall give effect to a decision of the Minister under
Subsection (2)(c).
(4) The decision of the Minister
under Subsection (2)(c) is final.
114. Offence
to participate, etc., in forest industry unless registered.
(1) A person who makes application
for a timber permit, timber authority or licence without being registered under
this Part, is guilty of an offence.
Penalty: A fine not exceeding
K1,000.00 or imprisonment for a term not exceeding one year, or both.
[ccix]
(2) A forest industry participant,
and any person acting in the capacity of an employee, servant or agent of a
forest industry participant, who engages in a forest industry activity without
the forest industry participant being registered under this Part in respect of
that activity, is guilty of an offence.
Penalty: A fine not exceeding
K100,000.00 or imprisonment for a term not exceeding five years, or both.
(3) A person who, not being
registered under this Part, claims to be so registered, or holds himself out as
being so registered, is guilty of an offence.
Penalty: A fine not exceeding
K1,000.00 or imprisonment for a term not exceeding one year, or both.
(4) A person who, not being
registered under this Part, enters into negotiations with a landowner in
relation to any activity, to engage in which that person would require to be
registered under this Part, is guilty of an offence.
Penalty: A fine not exceeding
K1,000.00 or imprisonment for a term not exceeding one year, or both.
[ccx](5) A
consultant, who provides or offers services in the capacity of a consultant,
without being registered as a consultant under this Part, is guilty of an
offence.
Penalty: A fine not exceeding
K10,000.00 or imprisonment for a term not exceeding two years or both.
PART
V.—MARKETING.
[ccxi]
115. State
option to purchase logs.
(1) The State Marketing Agency may,
on behalf of the State—
(a) in any one year purchase
compulsorily at the market price from the holder of a timber permit up to 25%
of the amount of logs which the holder of the timber permit is permitted to
export in that year; and
(b) otherwise by agreement purchase
logs from the holder of a timber permit.
(2) Where the State proposes to
exercise its option under Subsection (1)(a), the State Marketing Agency shall
give notice in writing to the holder of the timber permit.
(3) Any exercise of purchase rights
under Subsection (1) shall be known as the State Purchase Option.
(4) The procedures to be followed
in the State Purchase Option shall be as prescribed.
116. Certain
holders of timber permits to establish marketing unit.
(1) The holder of a timber permit
with an annual log export quota of 72,000m3 or greater shall—
(a) establish a marketing unit within
its corporate structure in Papua New Guinea; or
(b) employ the State Marketing Agency
as its marketing unit.
(2) The holder of a timber permit
shall not appoint a marketing agent based outside Papua New Guinea as the
exclusive agent of the holder for the export of logs from Papua New Guinea.
117. Quality
control.
The methods of grading logs and other
forest produce for export and of seasoning and preservation of forest produce
shall be as prescribed.
118. Control,
etc., of transfer pricing.
Provisions for the control or
prevention of transfer pricing of forest produce and timber shall be as
contained in the Income Tax Act 1959 or as are prescribed.
PART VI.—FOREST
FINANCE.
119. Forest
revenue system.
There shall be established a forest
revenue system which shall form the basis for prescribing royalties and other
forest charges.
120. Royalties.
(1) Subject to this section, the
royalty payable on timber and forest produce taken or deemed to be taken under
a timber permit is at a rate, fixed by the Minister in the timber permit, on
the volume of merchantable timber or forest produce calculated at stump.
(2) In the case of a timber permit,
the Minister may—
(a) at least once in each year during
the currency of the timber permit; and
(b) where in his opinion there exists a
special reason to do so, at any other time during the currency of the timber
permit,
review the royalty payable for
timber or forest produce under the timber permit.
(3) Where the Minister has
conducted a review under Subsection (2), he may vary the royalty payable in
relation to the timber permit by written notice to the holder of the timber
permit.
(4) Where royalty is varied under
Subsection (3)—
(a) the varied royalty is, from the
date specified in the notice, the royalty payable for timber or forest produce
taken under the timber permit; and
(b) the timber permit, is, from the
date specified in the notice, subject to the payment as so varied.
(5) Notwithstanding this section,
where the Minister is of the opinion that it is desirable in the national
interest to do so, he may enter into an agreement with the holder of a timber
permit, or any applicant for a timber permit, that the royalty fixed or to be
fixed in the timber permit shall not be varied within such period as is
specified in the agreement.
(6) Royalty payable under this
section shall be paid by monthly instalments at the time of lodgement of such
monthly statements by the holder of a timber permit as may be prescribed.
[ccxii]
(7) A person to whom royalties are
paid under this Act shall furnish to the Commissioner General of Internal
Revenue such information in relation to the royalties as the Commissioner
General of Internal Revenue may require.
121. Levies.
(1) The Minister, after consultation
with the Board, may, by notice in the National Gazette, fix levies in respect
of, but not limited to, all or any of the following:—
(a) follow-up development;
(b) provincial development;
(c) forest management and development;
(d) Papua New Guinea Forest Authority.
[ccxiii]
(2) A levy under Subsection (1) may
be imposed on all holders of timber permits and of timber authorities and of
licences or on such categories of holders of timber permits and of timber
authorities and of licences as are specified in the notice.
(3) A levy under this section shall
be paid and collected as prescribed.
PART VII.—ENFORCEMENT.
122. Offences.
[ccxiv](1) A
forest industry participant, and any person acting in the capacity of an
employee, servant or agent of a forest industry participant, who engages in
forest industry activities except under and in accordance with a timber permit,
timber authority or licence, held by the forest industry participant, is guilty
of an offence.
Penalty: A fine not exceeding
K100,000.00 or imprisonment for a term not exceeding five years, or both.
Default penalty: fine not
exceeding K10,000.00.
(2) A person who—
(a) without lawful authority, fells,
cuts, injures, destroys, obtains or removes any forest produce in, on or from—
(i) a National forest or other
Government land; or
(ii) land held under lease from the
Government; or
(iii) land the subject of a Forest
Management Agreement; or
(iv) a timber rights purchase area;
or
[ccxv](v) the
project area of a timber authority; or
(b) counterfeits or unlawfully affixes
to any forest produce a mark used by Forest Officers or Forest Inspectors; or
(c) without due authority—
(i) makes or causes to be made; or
(ii) uses or causes to be used; or
(iii) has in his possession,
a brand or stamp usually used by Forest
Officers or Forest Inspectors; or
[ccxvi](d) unlawfully
alters, obliterates, defaces, pulls up, removes or destroys a boundary mark or
any stamp, mark, sign, timber permit, timber authority, licence or order, used
or issued by the Minister, Chairman of the Provincial Forestry Committee,
Managing Director or a Forest Officer or Forest Inspector; or
(e) unlawfully—
(i) cuts, breaks, throws down or
otherwise destroys or damages any building, fence or gate in or enclosing a
National forest; or
(ii) cuts through, breaks down or
otherwise destroys the bank, dam or wall of any part of any natural or
artificial reservoir or pond of water within or partly within and adjoining any
National forest; or
(f) for the purpose of obtaining—
(i) a favourable report,
recommendation, certificate, valuation or royalty assessment, whether in
respect of any place, employment, sale, auction, timber permit, timber
authority, licence, lease or any other benefit; or
(ii) any abstention on the part of
a Forest Officer or Forest Inspector or any member of the National Forest
Service from any act which forms part of his duties,
exercises compulsion on a Forest
Officer or a Forest Inspector or any member of the National Forest Service by
violence or threats, or corrupts or attempts to corrupt him by promises,
offers, gifts or presents; or
(g) refuses or fails to comply with a
lawful direction of a Forest Officer or Forest Inspector; or
[ccxvii](h) knowingly
furnishes the Minister, Chairman of the Provincial Forestry Committee, Managing
Director, Forest Officer or Forest Inspector with a false or incorrect
statement of any forest produce felled, cut, split, sawn or removed by the person
or by an agent or employee of the person and on which fees, royalties, levies
or charges are payable to the State or to the Authority, felled, cut, split,
sawn or removed by the person or by an agent or employee of the person; or
(i) knowingly makes or causes to be
made any entry or writing that is false in any material particular, in any
book, return, declaration or statement required by this Act to be kept or made;
or
(j) unlawfully occupies land for the
purpose of carrying out forest industry operations; or
(k) ignites or maintains an open fire
in a restricted area except under and in compliance with a burning permit
issued to him, unless the fire is used only for cooking or warmth; or
(l) ignites or maintains an open fire
in or near a forest and who—
(i) leaves the fire unattended; or
(ii) fails to extinguish the fire
before leaving it,
is guilty of an offence.
Penalty: A fine not exceeding
K50,000.00 or imprisonment for a term not exceeding three years, or both.
[ccxviii](3) [Repealed].
(4) A person who—
(a) by intimidation or threat hinders
or prevents a person from making an application for a timber permit, timber
authority, licence or registration under this Act; or
(b) for an improper purpose threatens
to make an application for a timber permit, timber authority, licence or
registration under this Act; or
(c) participates in or is a party to
an agreement or arrangement among two or more persons, under which—
(i) one or more of the persons
agrees or undertakes not to make an application for a timber permit, timber
authority, licence or registration under this Act; or
(ii) particulars of an application
made for a timber permit, timber authority, licence or registration under this
Act, or the amount of an offer to pay royalty or bonus to the State or to the
Authority are arrived at,
is guilty of an offence.
Penalty: A fine not exceeding
K5,000.00 or imprisonment for a term not exceeding three years, or both.
(5) Subsection (4) does not apply
to—
(a) an agreement or arrangement made
only among two or more related corporations within the meaning of the
Companies Act 1997; or
(b) an application for a permit or
licence made jointly by two or more persons.
(6) Where a person is convicted of
an offence under Subsection (4), that person, and any corporation controlled by
him, is disqualified from making an application for a timber permit, timber
authority, licence or registration under this Act, either by himself or through
an agent, for a period of five years commencing on and from the date of his
conviction.
[ccxix]
123. Power
to seize and sell timber, etc.
(1) A Forest Inspector or Forest
Officer may seize one or more of the following:—
(a) timber or other forest produce
that, on reasonable grounds, he believes was felled, removed, sold or processed
in contravention of—
(i) this Act; or
(ii) a term or condition of a
timber permit, timber authority or licence;
(b) timber or other forest produce that
is mixed with timber or forest produce to which Paragraph (a) applies;
(c) a boat, barge or other vessel,
truck or trailer in which is found or which is towing, timber or forest produce
to which Paragraph (a) or (b) applies.
(2) Timber or other forest produce
seized under Subsection (1) may be sold by the Authority.
(3) A boat, barge or other vessel,
truck or trailer seized under Subsection (1)(c) shall be released from seizure
when the timber or forest produce thereon or towed thereby is delivered to a
location required by the Forest Inspector or Forest Officer who made the
seizure.
(4) Subject to Subsections (5) and
(6), the net proceeds of sale of timber or forest produce realized from a
seizure and sale under this Section shall be paid to the owner of the timber or
forest produce at the time of the seizure.
(5) Where the owner of timber or
forest produce seized and sold under this section is proved to have assisted
in, connived at or assented to the contravention as a result of which the
timber or forest produce was seized, the net proceeds of the sale shall be
forfeited to the Authority.
(6) Where there is a dispute as to
the ownership of any timber or forest produce seized and sold under this
section, the net proceeds of the sale shall be held by the Authority pending
agreement as to ownership or the determination of ownership by a court of
competent jurisdiction.
124. Unlawful
possession of Forest produce.
(1) A person who—
(a) is found within—
(i) a National forest or other
Government land; or
(ii) land held under lease from the
State; or
(iii) an area covered by a timber
permit or timber authority,
or in the vicinity of any such forest,
land or area; and
(b) has in his possession any forest
produce; and
(c) on being required to do so by a
Forest Officer or Forest Inspector, refuses or fails to give an account to the
satisfaction of the officer of the manner in which he came into possession of
the forest produce,
is guilty of an offence.
Penalty: A fine not exceeding
K2,000.00 or imprisonment for a term not exceeding two years, or both.
[ccxx]
(2) Subject to Subsection (3), any
forest produce in respect of which an offence against Subsection (1) has been
committed is forfeited to the Authority.
[ccxxi](3) Where
the owner of forest produce in respect of which an offence has been committed
under Subsection (1) and which has been forfeited to the Authority under
Subsection (2)—
(a) is a person other than the person
who committed the offence; and
(b) is known to the Authority,
the Authority shall give possession
of the forest produce to the owner, or shall pay to the owner the net proceeds
realized from a sale of the forest produce.
125. Receiving
Forest produce unlawfully obtained.
A person, who receives any forest
produce knowing it to have been unlawfully obtained, is guilty of an offence.
Penalty: A fine not exceeding
K2,000.00 or imprisonment for a term not exceeding two years, or both.
126. Entry
and inspection on Land.
[ccxxii](1) The
Minister, the Managing Director, a Chairman of the Provincial Forestry
Committee, a Forest Officer or a Forest Inspector may enter on any land on
which activities are being carried out under a timber permit, timber authority
or licence for the purpose of—
(a) making inspections; or
(b) carrying out silviculture or other
forest work; or
(c) preventing or suppressing fires.
[ccxxiii]
(2) A person, who obstructs or
hinders the Minister, the Managing Director, a Chairman of the Provincial
Forestry Committee, a Forest Officer or Forest Inspector in the exercise of his
powers under Subsection (1), is guilty of an offence.
Penalty: A fine not exceeding
K1,000.00 or imprisonment for a term not exceeding one year.
127. Award
of damages.
A person who commits an offence against
this Act is, on conviction, in addition to the penalty for the offence, liable
for any loss or damage caused by the offence, and the amount of such loss or
damage may be—
(a) awarded by the court in fixing the
penalty; and
(b) recovered in the same manner as a
pecuniary penalty.
128. Presumption
as to property in Forest produce.
Where, in any proceeding under this
Act, a question arises as to whether any forest produce is the property of the
Authority, the forest produce shall be presumed to be the property of the
Authority until the contrary is proved.
129. Conduct
of proceedings.
(1) A Forest Inspector may lay
informations and conduct prosecutions for offences under this Act, and the
Authority may sue for and recover fees, royalties, levies and charges due and
payable under this Act.
(2) In any prosecution or
proceedings under this Act, proof is not required of—
[ccxxiv]
(a) the appointment of the Managing
Director or of a Forest Officer or Forest Inspector; or
(b) any authority, general or special,
of any such officer to prosecute or to take any proceeding or to sue.
[ccxxv]
131. Search
warrant for Forest produce.
On the complaint on oath of a Forest
Officer or Forest Inspector stating his belief that any forest produce liable
to the payment of any royalties, levies, dues or charges is secreted in any
place other than a National forest or an area in respect of which a Forest
Management Agreement has been entered into, a Principal Magistrate or a
District Court Magistrate may issue a warrant to search for the forest produce.
PART
VIII.—MISCELLANEOUS.
132. Protection
of officers.
[ccxxvi]The
Minister, the Managing Director, a Chairman of the Provincial Forestry
Committee, a Forest Officer, a Forest Inspector or an officer of the National
Forest Service is not personally liable for any matter or thing done by him in
good faith in the exercise of his powers or the performance of his duties under
this Act.
133. Indemnity
of members of Board, etc.
A member of the Board or of any
Committee established under this Act is not personally liable for any act done,
in good faith, in the course of carrying out the duties of the Board or
Committee.
134. Export
of certain timber.
(1) The Minister may, by notice in
the National Gazette, declare that any species or class of timber specified in
the notice—
(a) is banned from export; or
(b) shall not be exported until—
(i) the timber has been inspected;
and
(ii) the permission of the Minister
to export has been obtained.
(2) A person, who exports any
timber to which a notice under Subsection (1) applies and which does not bear a
mark or brand affixed by a Forest Officer or Forest Inspector indicating that
permission has been given under that subsection, is guilty of an offence.
Penalty: A fine not exceeding
K10,000.00 and a further penalty of a fine not exceeding K15.00 for each cubic
metre of the timber exported.
135. Regulations.
(1) The Head of State, acting on
advice, may make regulations, not inconsistent with this Act, prescribing all
matters that by this Act are required or permitted to be prescribed, or that
are necessary or convenient to be prescribed for carrying out or giving effect
to this Act, and in particular prescribing matters for and in relation to—
(a) the management of—
(i) National forests; and
(ii) forests on other Government
land and land held under lease from the State; and
(iii) areas subject to Forest
Management Agreements; and
(iv) forests on customary land,
including the regulation of—
(v) the cutting, removal, hewing
and sawing of timber; and
(vi) the cutting, hewing, stripping,
tapping and removal of other forest produce; and
(b) the forms of timber permits, timber
authorities and licences under this Act, and the manner of applying for,
granting, issuing, registering and transferring them and the covenants, terms and
conditions under which they shall be held, determined, cancelled or withdrawn;
and
(c) the procedure for the sale, by
auction or by tender, of forest produce and enabling upset prices or minimum
royalties to be fixed; and
(d) the assessing of royalty on forest
produce and the payment and distribution of royalties; and
(e) the manner of doing or performing
anything required by this Act to be done or performed; and
(f) the fees or deposits to be paid
with any application or tender; and
(g) the rate or amount—
(i) of rents, fees, dues and
charges payable in respect of timber permits, timber authorities, licences or
registration under this Act; and
(ii) fees to be paid to the State
in respect of services rendered by Forest Officers or Forest Inspectors; and
(h) the fees (if any) payable in
respect of any matter under this Act; and
(i) regulating the exercise of the
powers conferred by timber permits, timber authorities and licences under this
Act, including—
(i) the protection and
preservation of trees; and
(ii) the cutting, marking, and
removing of timber and other forest produce; and
(j) the making of declarations or
written statements as to—
(i) the quantity and description
of forest produce obtained, held, removed, hewn, sawn or otherwise treated,
consigned or exported; and
(ii) the place where any forest
produce was obtained; and
(iii) the place to which it was, or
is intended to be, consigned; and
(k) the inspection of forest produce
for export and for local use, and the forms and certificates, and the brands or
marks, to be used; and
(l) rules for the grading of timber
for export and for local use; and
(m) regulating or prohibiting the
export of any species or class of timber or other forest produce; and
(n) prohibiting the cutting of
reserved trees; and
(o) the kinds, sizes and quantities of
any forest produce that may be cut or removed in or from—
(i) a National forest; or
(ii) any other Government land; or
(iii) any land held under lease
from the State; or
(iv) any land subject to a Forest
Management Agreement; or
(v) a timber rights purchase area,
and prohibiting the removal of any
forest produce until branded by a Forest Officer or Forest Inspector; and
(p) the mode in which any forest
produce is to be branded or marked, and the way in which such brands or marks
shall be registered; and
(q) the establishment of depots where
timber and other forest produce may be deposited and stored and—
(i) charges for depositing and
storing timber and other forest produce in such depots; and
(ii) the regulation and management
of such depots; and
(iii) the detention of timber or
other forest produce in such depots until the royalty or other charges on the
timber or other forest produce are paid; and
[ccxxvii]
(r) requiring the holder of any timber
permit, timber authority or licence under this Act to produce for inspection by
the Managing Director or by a Forest Officer or Forest Inspector, all books of
account, returns and other documents to enable the royalties payable to be
ascertained; and
(s) regulating or prohibiting the
burning-off of forest produce and the lighting and use of fires; and
(t) regulating traffic through National
forests, and the prevention of trespass in any part of a National forest; and
(u) enabling Forest Officers or Forest
Inspectors to give directions regarding the roads or tracks in or by which any
forest produce may be removed or taken through any part of—
(i) a National forest; or
(ii) other Government land; or
(iii) land held under lease from
the State; or
(iv) any land subject to a Forest
Management Agreement; or
(v) a timber rights purchase area,
and the manner of such removal or
taking; and
(v) reserving any area of—
(i) a National forest; or
(ii) a timber reserve; or
(iii) other Government land; or
(iv) land held under lease from the
State; or
(v) any land subject to a Forest
Management Agreement; or
(vi) area subject to a Forest
Management Agreement,
from the operation of any permit,
licence, or other authority under this Act; and
(w) reserving any area of National
forest or other Government land required for the agistment of draught cattle
used by any person holding a permit, licence, or other authority under this Act
from the operation of any permit, licence, or other authority under this Act;
and
(x) regulating reforestation in a
National forest subject to a Forest Management Agreement; and
(y) providing for advisory services
and assistance to be made available by the State to stimulate economic
development in areas where timber rights are purchased under this Act, and to
encourage participation in such development by customary owners who dispose of
their timber rights under this Act; and
(z) prohibiting, except under permit,
the depasturing of cattle within, and regulating the passage of cattle through,
a National forest; and
(za) authorizing Forest Officers or
Forest Inspectors to stop, detain, or seize any forest produce within the
boundaries of, or on any public highway within or abutting on—
(i) a National forest; or
(ii) any other Government land; or
(iii) any land held under lease
from the State; or
(iv) any land subject to a Forest
Management Agreement; and
(zb) requiring the holders of permits,
licences, and other authorities under this Act to register in the Authority,
and retain the use of, a brand by which timber cut in or proceeding from their
holdings may be distinguished from any other timber; and
(zc) the registration of sawmills and
other factories or industrial plants dependent on supplies of forest produce;
and
(zd) regulating the purchase of
forest produce from citizens by non-citizens; and
(ze) the form of authority to
purchase forest produce from the owners of customary land, and the conditions
subject to which such an authority may be granted; and
(zf) the protection of forest produce
on—
(i) any Government land; or
(ii) any land held under lease from
the State; or
(iii) customary land,
and regulating the cutting, hewing,
sawing, or other methods of conversion of that forest produce; and
[ccxxviii](zg) matters
relating to National Forest Inventory, National Forest Plan, forest
classification and National Forestry Development Guidelines; and
(zh) requirements in submissions by
permit holders in relation to project statement, follow-up land use plan and
working and logging plans; and
(zi) regulating quality control on
timber and other forest produce; and
(zj) the regulation of transfer pricing
in relation to forest produce and timber; and
[ccxxix](zk) the
imposition of penalties of fines not exceeding K100,000.00 for offences against
the regulations.
(2) The regulations may be of
general application or may be limited to a particular area or restricted in
their operation to—
(a) National Forests; or
(b) other Government land; or
(c) land held under lease from the
State; or
(d) areas subject to a Forest
Management Agreement; or
(e) certain species of timber of other
forest produce.
PART
IX.—REPEAL.
[ccxxx]136. Repeal.
The following Acts are hereby
repealed:—
(a) Forest Industries Council Act
(Chapter 215);
(b) Forestry Act (Chapter 216);
(c) Forestry (Private Dealings) Act
(Chapter 217).
PART X.—SAVINGS
AND TRANSITIONAL.
137. Saving
of existing permits, etc.
(1) Subject to Subsection (2), all—
(a) registrations granted under the Forest
Industries Council Act (Chapter 215) (repealed); and
[ccxxxi](b) permits,
licences, timber rights purchase agreements and other authorities granted under
the Forestry Act (Chapter 216) (repealed); and
[ccxxxii](c) [Repealed].
valid and in force immediately
before the coming into operation of this Act, shall continue, on that coming
into operation, to have full force and effect for the term for which they were
granted or entered into or until they sooner expire or are revoked according to
law as if the Act under which they were granted or entered into had not been
repealed.
[ccxxxiii](1A) Subject
to Subsection (2), all agreements entered into under the Forestry (Private
Dealings) Act (Chapter 217) (repealed) valid and in force
immediately before the coming into operation of this Act are, on that coming
into operation deemed to be timber permits granted under this Act (and the
purchasers under the agreements shall be deemed to be the holders of the timber
permits) and shall have full force and effect as such timber permits for the
term for which the agreements were entered into or until they sooner expire or
are revoked according to law.
(2) Where the Board is of the
opinion that any term or condition of any—
(a) registration as a forest product
operator granted under the Forest Industries Council Act (Chapter 215)
(repealed); or
[ccxxxiv](b) permit,
licence timber rights purchase agreement or other authority granted under the Forestry
Act (Chapter 216) (repealed); or
(c) agreement entered into under the Forestry
(Private Dealings) Act (Chapter 217) (repealed),
is at variance with the provisions
of this Act to an extent which makes it unacceptable, it shall by written
notice—
[ccxxxv](d) advise
the registered forest product operator, holder of the permit, licence or other
authority or parties to the agreement or timber rights purchase agreement, as
the case may be, of the term or condition that is unacceptable; and
(e) specify the variation in the term
or condition required to ensure compliance with this Act; and
[ccxxxvi](f) intimate
that variation shall apply in respect of the registration, permit, licence,
other authority or agreement or timber rights purchase agreement, as the case
may be, with effect from a date specified in the notice, unless it receives
notification from the registered forest product operator, holder of the permit,
licence or other authority or parties to the agreement or timber rights
purchase agreement, as the case may be, that such variation is unacceptable, in
which case the registration, permit, licence, other authority or agreement or
timber rights purchase agreement, as the case may be, shall cease to have
effect from the date specified.
[ccxxxvii](3) In
order to achieve the intention of this Act that registrations, permits,
licences, agreements, timber purchase agreements and other authorities saved by
this section are able to be adapted to conform to the provisions of this Act,
the Board may grant in respect of any registration, permit, licence, agreement,
timber purchase agreement or other authority a grace period during which—
(a) the provisions of this Act shall
not apply; and
(b) the provisions of the repealed Act
under which the registration, permit, licence or other authority was granted or
the agreement or timber purchase agreement was entered into shall apply.
[ccxxxviii]138. Transfer
of assets etc., to the Authority.
(1) All—
(a) assets (other than land held by
the State) which, immediately before the coming into operation of this Act,
were held or occupied by the Department of Forests and all liabilities and
obligations of the Department of Forests immediately before the coming into
operation of this Act; and
(b) assets (other than land held by the
State) which immediately before the coming into operation of this Act were held
or occupied by the Forest Industries Council and all liabilities and
obligations of the Forest Industries Council immediately before the coming into
operation of this Act,
are, on that coming into operation,
transferred to and become assets and liabilities and obligations of the
Authority.
(2) Where any property transferred
under Subsection (1) is land registered under the Land Registration Act
1981, the Registrar of Titles shall, without formal transfer and without fee,
on application in that behalf by the Authority, enter or register the Authority
in the Register kept under that Act and, on entry and registration, grant a
certificate of title, lease or other instrument evidencing title to the land
within that Act.
[ccxxxix]139. Actions,
etc., not to abate.
Where, immediately before the coming
into operation of this Act, any action, arbitration or proceeding was pending
or existing by or against a person or body under the Acts repealed by Section
136, it does not, on that coming into operation, abate or discontinue, or be in
any way affected by any provision of this Act but it may be prosecuted,
continued and enforced by, against or in favour of the person or body as if
this Act had not been made.
[ccxl]139A. Transfer
of land to the Authority.
(1) All land in Papua New Guinea in
the name of the State held under a Certificate of Occupancy or set aside for use
by the Department of Forests or the Forest Industries Council immediately
before the coming into operation of this Act is, on and from the coming into
operation of this Act deemed to have been transferred to and to have become the
property of the Authority.
(2) Where land referred to in
Subsection (1) is land registered under the Land Registration Act 1981,
the Registrar of Titles shall, without formal transfer and without fee, on
application in that behalf by the Authority, enter or register the Authority in
the Registrar kept under that Act and, on entry and registration, grant a
certificate of title, lease or other instrument evidencing title to the land
within that Act.
[ccxli]140. Contracts.
All contracts and agreements entered
into, made with or addressed to—
(a) the State, through the Department
of Forests; or
(b) the Forest Industries Council,
in so far as they relate to the
functions of the Authority under this Act, are, to the extent that they were,
immediately before the coming into operation of this Act, binding on and of
full force and effect against or in favour of the Department of Forests or the
Forest Industries Council are, on that coming into operation, binding on and of
fully force and effect against or in favour of the Authority as fully and
effectually as if, instead of the State or the Forest Industries Council, the
Authority has been a party to them or bound by them or entitled to the benefit
of them.
[ccxlii]141. Staff.
(1) The person who, immediately
before the coming into operation of this Act, held the position of Departmental
Head of the Department of Forests, shall, on that coming into operation hold
office as Director-General and, subject to the Salaries and Conditions
Monitoring Act 1988 on the same terms and conditions, until such time as a
Director-General is appointed and terms and conditions determined in accordance
with Section 34.
(2) A person who, immediately
before the coming into operation of this Act, held an office—
(a) in the Forest Industries Council
under the Forest Industries Council Act (Chapter 215) (repealed);
or
(b) in the Department of Forests under
the Public Services (Management) Act 1986, or
(c) in the Division of Forests in a
provincial government,
shall, on that coming into
operation, hold a similar office under this Act until such time as appointments
are made under this Act.
[ccxliii]142. Application
of Acts, etc.
Where—
(a) any Act, or subordinate enactment
other than this Act; or
(b) any document or instrument wherever
made or executed,
contains a reference, express or
implied, to the Department of Forests (or the Department responsible for
forestry matters) or the Forest Industries Council, that reference shall, on
the coming into operation of this Act, except where the context otherwise
requires, be read and construed and have effect as a reference to the
Authority.
[ccxliv]143. Board
may extend saved permits, etc.
The Board may, until—
(a) the National Forest Plan has been
drawn up under Section 47; or
(b) 31 December 1993,
whichever shall first happen,
notwithstanding the provisions of this Act—
(c) extend the term of any permit or
licence saved by Section 137; or
(d) grant a timber authority,
for a period not exceeding one year
in a form approved by the Board.
144. Saving of existing timber authorities.
[ccxlv]Subject
to Section 90D(23), a timber authority that was valid and in force immediately
before the coming into operation of this provision shall, on that coming into
operation, have full force and effect for the duration of its term.
[xliv]Section
1(3) was repealed and replaced by the Forestry (Amendment) Act 1993 (No.
3 of 1993), s1.
[xlv]
[xlvi]The
definition of "consultant" was inserted by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(a).
[xlvii]The
definition of "customary owners" was inserted by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(a).
[xlviii]The
definition of "Director-General" was repealed by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(b).
[xlix]The
definition of "forest industry activities" was inserted by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(c).
[l]The definition of
"forest industry operations" was repealed by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(d). The definition of "forest
industry [sic] operations" was repealed by the Forestry (Amendment) Act
1993 (No. 3 of 1993), s2(f).
[li]The
definition of "forest industry activities" was inserted by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(c).
[lii]The
definition of "Managing Director" was inserted by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s2(g).
[liii]The definition of
"Provincial Minister" was repealed by the Forestry (Amendment No.
2) Act 1996 (No. 27 of 1996), s2.
[liv]The definition of "timber authority" was
amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s2(h).
[lv]The definition of "timber permit" was amended
by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s2(i).
[lvi]Section 7(1)(c) amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s48 and Schedule.
[lvii]Section 7(1)(f) was repealed by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s3(a).
[lviii]Section 7(2) repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s3(b).
[lix]
[lx]Section 10(1)(b) amended by No. 36 of 2000 s. 1(a)(i).
[lxi]Section 10(1)(c) repealed and replaced by No. 36 of
2000 s. 1(a)(ii).
[lxii]Section 10(1)(d) repealed and replaced by No. 36 of
2000 s. 1(a)(iii).
[lxiii]Section 10(1)(f) repealed and replaced by No. 36 of
2000 s. 1(a)(iv).
[lxiv]Section 10(1)(h) added by No. 36 of 2000 s. 1(a)(v).
[lxv]Section 10(4)(a) amended by No. 36 of 2000 s. 1(a)(vi).
[lxvi]Section 10(4)(c) amended by No. 36 of 2000 s.
1(a)(vii).
[lxvii]Section 10(6) amended by No. 36 of 2000 s. 1(b).
[lxviii]Section 10(7) amended by No. 36 of 2000 s. 1(c).
[lxix]Section 10(9) added by No. 36 of 2000 s. 1(d).
[lxx]Section 11 was repealed and replaced
by the Forestry (Amendment No. 2) Act 1996 (No. 27 of 1996), s4.
[lxxi]Section 11(1) repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s5.
Section 11(1) amended by No.36
of 2000 s. 1A.
[lxxii]Section 12 repealed and replaced by
the Forestry (Amendment) Act 1993 (No. 3 of 1993), s6.
Section
12 repealed and replaced by the Forestry (Amendment No. 2) Act 1996 (No.
27 of 1996), s5.
Section
12 repealed and replaced by No. 36 of 2000 s. 2.
[lxxiii]
[lxxiv]Section 14(2A) inserted by No. 36 of 2000 s. 3.
[lxxv]Section 14(3) was repealed by the Forestry
(Amendment No. 2) Act 1996 (No. 27 of 1996), s6.
[lxxvi]
[lxxvii]Section 17(1)(a) repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s7.
Section 17(1)(a) amended by
the Forestry (Amendment No. 2) Act 1996 (No. 27 of 1996), s8.
[lxxviii]Section 19 repealed and replaced by
No. 36 of 2000 s.4.
[lxxix]Section 22(1)(b) was repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s. 48 and Schedule.
[lxxx]
[lxxxi]
[lxxxii]
[lxxxiii]Section
3(1)(a) was amended by the Forestry (Amendment) Act 1993 (No. 3 of
1993), s48 and Schedule.
[lxxxiv]Section
34 repealed and replaced by the Forestry (Amendment) Act 1993 (No. 3 of
1993), s8.
[lxxxv]Section
35 amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s9.
[lxxxvi]Section
35(3) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s9(d).
[lxxxvii]Section
37(a) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s48
and Schedule.
[lxxxviii]Section
39(1) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s48
and Schedule.
[lxxxix]Section
40(a) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s48
and Schedule.
[xc]Section 50(1) was amended by the Forestry (Amendment
No. 2) Act 1996 (No. 27 of 1996), s10 and Schedule.
[xci]Section 50(2) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s10.
[xcii]Section 50(3) was amended by the Forestry (Amendment
No. 2) Act 1996 (No. 27 of 1996), s10 and Schedule.
[xciii]Section
51 was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s11.
[xciv]
[xcv]Section
52(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[xcvi]Section
52(2) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[xcvii]Section 55 was repealed and replaced
by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s12.
[xcviii]Section 55(1) amended by No. 36 of 2000 s. 5(a).
[xcix]Section 55(2)(d) added by No. 36 of 2000 s. 5(b).
[c]Section 55(2)(e) added by No. 36 of 2000 s. 5(b).
[ci]Section 55(2)(f) added by No. 36 of 2000 s. 5(b).
[cii]Section 56(1) was repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s13.
[ciii] Forestry (Amendment) Act 1993 (No. 3 of
1993), s14(a).
[civ]Section
57(2) was repealed and replaced by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s14(b).
[cv]Section 58(g) was repealed by Forestry (Amendment)
Act 1993 (No. 3 of 1993), s15.
[cvi]Section 59 was amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s48 and Schedule.
[cvii]Section
60 was repealed and replaced by the Forestry (Amendment) Act 1993 (No. 3
of 1993), s16.
[cviii]Section
61 was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s48
and Schedule.
[cix]The
Act 1993 (No. 3 of 1993), s17.
[cx]Section
62(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s17.
[cxi]Section
62(2) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s17.
[cxii]Section
62(2)(a) was amended by the Forestry (Amendment) Act 1993 (No. 3 of
1993), s48 and Schedule.
[cxiii]Section
62(3) was repealed and replaced by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s17.
[cxiv]Section
63(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cxv]Section 64(3) repealed and replaced by No. 36 of 2000
s. 6.
[cxvi]Section 64(4) added by No. 36 of 2000 s. 6.
[cxvii]Section 64(5) added by No. 36 of 2000 s. 6.
[cxviii]Section 64(6) added by No. 36 of 2000 s. 6.
[cxix]Section 64(7) added by No. 36 of 2000 s. 6.
[cxx]Forestry (Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxi]Section 65 was amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s18, and s48 and Schedule.
[cxxii]Section 65(a) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxiii]Amended by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s48 and Schedule.
[cxxiv]Section 66(2)(b) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxv]Section
67(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cxxvi]Section 68(1) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxvii]Section 70(b) was repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s19(a).
[cxxviii]Section
70(2) was added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s19(b).
[cxxix]The Forestry (Amendment) Act 1993 (No. 3 of
1993), s48 and Schedule intended to amend "Section 72(1)(b)(ii)".
[cxxx]Section 72(1)(c) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxxi]Section
73(1) was repealed and replaced by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s20(a).
[cxxxii]Section
73(3) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s20(b).
[cxxxiii]Section
75(1) was repealed and replaced by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s21.
[cxxxiv]Section
76(4) was added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s22.
[cxxxv]Section
77 was repealed and replaced by the Forestry (Amendment) Act 1993 (No. 3
of 1993), s23.
[cxxxvi]Section 78(2)(c) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxxvii]Section 79(2)(d) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxxxviii]Section
81(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cxxxix]Section
83(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cxl]Section
84(3) was repealed and replaced by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s24.
[cxli]Section 85(1) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxlii]Section 85(1)(b) amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s25(a).
[cxliii]Section 85(2) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxliv]Section 85(2)(a) amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s25(b).
[cxlv]Section 85(3) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxlvi]Section 85(4) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxlvii]Section 85(5) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxlviii]Section
86(3) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cxlix]Section
86(4) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cl]Section
86(6) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s26(a).
[cli]Section
86(7) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s26(b).
[clii]
[cliii]Section 87(1)(b) repealed and replaced by No. 36 of 2000
s.7.
[cliv]Section
87(5) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s27.
[clv]Section 88(2)(b) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[clvi]Section
89(1) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[clvii]
[clviii]
[clix]Section 90 was amended by the Forestry (Amendment
No. 2) Act 1996 (No. 27 of 1996), s10 and Schedule.
[clx]Section 90A inserted by No. 36 of
2000 s.8.
[clxi]Section 90B inserted by No. 36 of
2000 s.8.
[clxii]Section 90C inserted by No. 36 of
2000 s. 8.
[clxiii]Section 90D inserted by No. 36 of
2000 s. 8.
[clxiv]Section 91 was repealed and replaced
by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s28.
[clxv]Section 92(f) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[clxvi]Section
95(1) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s29(a).
[clxvii]Section
95(2) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s29(b).
[clxviii]Section
97(3) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s30.
[clxix]Section
97(4) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s30.
[clxx]Section
97(5) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s30.
[clxxi]Section
97(6) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s30.
[clxxii]Section
97(7) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s30.
[clxxiii]Paragraph (ca) inserted by No. 36 of 2000 s. 9(a).
[clxxiv]Paragraph (cb) inserted by No. 36 of 2000 s. 9(a).
[clxxv]Paragraph (cc) inserted by No. 36 of 2000 s. 9(a).
[clxxvi]Paragraph (cd) inserted by No. 36 of 2000 s. 9(a).
[clxxvii]Section 98(1)(e) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[clxxviii]Paragraph (f) amended by No. 36 of 2000 s. 9(b).
[clxxix]Subsection (4) added by No. 36 of 2000 s. 9(c).
[clxxx]Subsection (5) added by No. 36 of 2000 s. 9(c).
[clxxxi]Subsection (6) added by No. 36 of 2000 s. 9(c).
[clxxxii]Subsection (7) added by No. 36 of 2000 s. 9(c).
[clxxxiii]Section
100 was repealed and replaced by the Forestry (Amendment) Act 1993 (No.
3 of 1993), s31.
[clxxxiv]Section
101 was repealed and replaced by the Forestry (Amendment) Act 1993 (No.
3 of 1993), s32.
[clxxxv]Section
102 was repealed and replaced by the Forestry (Amendment) Act 1993 (No.
3 of 1993), s33.
[clxxxvi]Section 103(2) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[clxxxvii]Section 103(3) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[clxxxviii]Section 103A inserted by No. 36 of
2000 s. 10.
[clxxxix]Section 104 was repealed by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s34.
[cxc]Section 106 was amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxci]Section 107(1) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxcii]Section 107 was amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s35.
[cxciii]Forestry (Amendment) Act 1993 (No. 3 of 1993), s48 and
Schedule.
[cxciv]Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[cxcv]Amended by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s48 and Schedule.
[cxcvi]Section 109(2)(b) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s36.
[cxcvii]Section 110(1) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cxcviii]Forestry (Amendment) Act 1993 (No. 3 of 1993), s48 and
Schedule.
[cxcix]Section 111(a) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s37.
[cc]Section 112(1) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cci]Section 112(2) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccii]Section 112(3)(a) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cciii]Section 112(4) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[cciv]Section 112(5) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccv]Section
112(6) was added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s38.
[ccvi]Section 113(1)(a) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccvii]Section 113(2)(d) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccviii]Section 113(3) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccix]Section
114(2) was repealed and replaced by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s39(a).
[ccx]Section
114(5) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s39(b).
[ccxi]Section
115 was repealed and replaced by the Forestry (Amendment) Act 1993 (No.
3 of 1993), s40.
[ccxii]Section 2 of the Commissioner
General of Internal Revenue (Consequential Amendments) Act 1993 (No. 1 of
1993) provides that "Chief Collector" shall be read as
"Commissioner General". It is assumed that "Collector of
Taxes" should also be read as "Commissioner General".
[ccxiii]Section
121(2) was amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[ccxiv]Section 122(1) was repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s41(a).
[ccxv]Section 122(2)(a)(v) was repealed and replaced by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s41(b).
[ccxvi]Section 122(2)(d) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule. Section 122(2)(d)
was amended by the Forestry (Amendment No. 2) Act 1996 (No. 27 of 1996),
s10 and Schedule.
[ccxvii]Section 122(2)(h) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule. Section 122(2)(h)
was amended by the Forestry (Amendment No. 2) Act 1996 (No. 27 of 1996),
s10 and Schedule.
[ccxviii]Repealed by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s41(c).
[ccxix]Section
123 was repealed and replaced by the Forestry (Amendment) Act 1993 (No.
3 of 1993), s42.
[ccxx]Section
124(2) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s43.
[ccxxi]Section
124(3) added by the Forestry (Amendment) Act 1993 (No. 3 of 1993), s43.
[ccxxii]Section 126(1) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s44. Section 126(1) was amended by
the Forestry (Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccxxiii]
[ccxxiv]Section
129(2)(a) amended by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s48 and Schedule.
[ccxxv]Section
130 was repealed by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s45.
[ccxxvi]Section 132 was amended by the Forestry (Amendment)
Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccxxvii]Section
135(1)(r) was amended by the Forestry (Amendment) Act 1993 (No. 3 of
1993), s48 and Schedule.
[ccxxviii]Section 135(1)(zg) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccxxix]Section 135(1)(zk) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s48 and Schedule.
[ccxxx]Added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxxxi]Section 137(1)(b) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s46(a)(i).
[ccxxxii]Section 137(1)(c) was repealed by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s46(a)(ii).
[ccxxxiii]Section
137(1A) was added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s46(b).
[ccxxxiv]Section 137(2)(b) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s46(c)(i).
[ccxxxv]Section 137(2)(d) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s46(c)(ii).
[ccxxxvi]Section 137(2)(f) was amended by the Forestry
(Amendment) Act 1993 (No. 3 of 1993), s46(c)(iii).
[ccxxxvii]Section
137(3) was added by the Forestry (Amendment) Act 1993 (No. 3 of 1993),
s46(d).
[ccxxxviii]Added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxxxix]Added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxl]
[ccxli]Section 140 added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxlii]Added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxliii]Added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxliv]Section 143 added by the Forestry (Amendment) Act 1993
(No. 3 of 1993), s47.
[ccxlv]Section 144 added by No. 36 of 2000 s. 11.
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