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Forestry Regulation 1998 (Consolidated to No 1 of 2001)
Forestry Regulation 1998,
Being a Regulation to
repeal and replace the Forestry Regulation 1992,
MADE by the Head of State,
acting with, and in accordance with, the advice of the National Executive
Council under the Forestry Act 1991, to be deemed to have come into
operation on 24 January 1996.
1. Interpretation.
In this Regulation, unless the contrary
intention appears—
"forest industry activities"
means any commercial activities within Papua New Guinea directly connected
with—
(a) harvesting or processing timber
or rattan; or
(b) buying unprocessed timber or
rattan for processing or export; or
(c) selling or, on behalf of
another person or other persons, arranging or procuring the sale or purchase
of, timber or rattan (whether unprocessed or processed but not including
manufactured items made from timber or rattan materials), by a person where the
timber or rattan harvest, processed, purchased, sold or arranged or procured to
be purchased or sold, by that person in a calendar year exceeds—
(i) 500m3 in
volume; or
(ii) in the case of sandalwood or
rattan—K20,000 in market value;
"repealed Acts" means the
Acts referred to in Section 136 of the Act.
2. Dedication of National Forests.
A Notification in the National Gazette
of a dedication of Government land as a National Forest under Section 3 of the
Act shall be in Form 1 of Schedule 1.
3. Declaring of reserved trees.
(1) A declaration by the Minister
pursuant to Section 4 of the Act in the National Gazette declaring any trees or
members of any species or class of tree to be reserved trees shall be in Form 2
of Schedule 1.
(2) A person, who wilfully destroys
or damages any tree or member of any species or class of trees declared to be reserved
trees under Section 4 of the Act, is guilty of an offence.
Penalty: A fine not exceeding
K10,000.00.
4. Power of Authority to enter into contracts.
The Authority may, in accordance with
the following procedure, enter into agreements for the carrying out of the
purposes of the Act:—
(a) in the case of a Forest Management
Agreement, project agreement or any agreement which, if made between private
persons, would by law be required to be in writing and under seal—by affixing
the seal in accordance with Section 5(3) of the Act;
(b) any agreement which if made between
private persons, would by law be required to be in writing signed by the
parties—in writing signed by the Chairman and another member of the Board
pursuant to a resolution of the Board or by any two officers of the National
Forest Service authorized by the Board; and
(c) any agreement which, if made
between private persons, would by law be valid although nor reduced into
writing—orally by any member of the Board pursuant to a resolution of the Board
or by any officer of the National Forest Service authorized by the Board to do
so.
5. Minister's direction to the Authority.
Any direction to the Authority by the
Minister under Section 7(2) of the Act shall be in Form 3 of Schedule 1.
6. Grant of leave of absence by the Chairman to a
member or alternate member of the Board.
A grant of leave of absence by the
Chairman to a member or alternate member of the Board under Section 13(1) of
the Act shall be in Form 4 of Schedule 1.
7. Grant of leave of absence by the Minister to
the Chairman or Deputy Chairman of the Board.
A grant of leave of absence by the
Minister to the Chairman or Deputy Chairman of the Board under Section 13(2) of
the Act shall be in Form 5 of Schedule 1.
8. Resignation of office by a Board member or
alternate member.
A resignation of office by a Board
member or alternate member under Section 14(1) of the Act shall be in Form 6 of
Schedule 1.
9. Termination of a Board member or alternate
member by the Minister.
A termination of a Board Member or
Alternate Member by the Minister under Section 14(2) of the Act shall be in
Form 7 of Schedule 1.
10. Notice of intention by National Executive
Council to a member or alternate member of the Board that it intends to
terminate his appointment.
A notice of intention by the National
Executive Council to a member or alternate member of the Board that it intends
to terminate his appointment under Section 14(4) of the Act shall be in Form 8
of Schedule 1
11. Representation to National Executive Council
from Chairman or Deputy Chairman or member or alternate member of the Board.
A representation to the National
Executive Council from the Chairman, Deputy Chairman, Member or Alternate
Member of the Board under Section 14(5) of the Act shall be in Form 9 of
Schedule 1.
12. Termination by National Executive Council of
appointment of Chairman, Deputy Chairman, member or alternate member of the
Board of the Forest Authority.
A termination by the National Executive
Council of the appointment of the Chairman, Deputy Chairman, Member or
Alternate Member of the Board of the Forest Authority under Section 14(5) shall
be in Form 10 of Schedule 1.
13. Determination of the Board to convene a meeting
of the Board.
A determination of the Board to convene
a meeting of the Board under Section 16(1) of the Act shall be in Form 11 of
Schedule 1.
14. Convening of Board meeting pursuant to a
direction by the Chairman or Deputy Chairman of the Board.
The convening of a Board meeting
pursuant to a direction by the Chairman or Deputy Chairman of the Board under
Section 16(1) of the Act shall be in Form 12 of Schedule 1.
15. Request by Minister to Chairman or Deputy
Chairman of the Board to convene a meeting of the Board.
A request by the Minister to the
Chairman or Deputy Chairman of the Board to convene a meeting of the Board
under Section 16(2) of the Act shall be in Form 13 of Schedule 1.
16. Request by not less than two members of the
Board to the Chairman or Deputy Chairman of the Board to convene a meeting of
the Board.
A request by not less than two members
of the Board to the Chairman or Deputy Chairman of the Board to convene a
meeting of the Board under Section 16(2) of the Act shall be in Form 14 of
Schedule 1.
17. Convening of a Board meeting by Chairman or
Deputy Chairman pursuant to a request by the Minister.
The convening of a Board meeting by the
Chairman or Deputy Chairman pursuant to a request by the Minister under Section
16(2) of the Act shall be in Form 15 of Schedule 1.
18. Convening of a Board meeting by Chairman or
Deputy Chairman pursuant to a request by two or more members of the Board.
The convening of a Board meeting by the
Chairman or Deputy Chairman pursuant to a request by two or more members of the
Board under Section 16(2) of the Act shall be in Form 16 of Schedule 1.
19. Request by Minister to Chairman or Deputy
Chairman of the Board to convene a meeting of the Board.
A request by the Minister to the
Chairman or Deputy Chairman of the Board to convene a meeting of the Board
under Section 16(4) of the Act shall be in Form 17 of Schedule 1.
20. Convening a Board meeting by Managing Director
pursuant to a request to the Board by the Minister.
The convening of a Board meeting by the
Managing Director pursuant to a request to the Board by the Minister under
Section 16(5) of the Act shall be in Form 18 of Schedule 1.
[ccxlvi]21. Minister's consultation with Board on proposed
delegation of Board's powers[repealed].
[ccxlvii]22. Delegation of Minister's powers and
functions to the Board.
A delegation by the Minister of all or
any of his powers and functions under Section 19(1) of the Act to the Board
shall be in Form 20 of Schedule 1.
[ccxlviii]23. Delegation of Board's powers and
functions to the Managing Director.
A delegation by the Board of all or any
of its powers and functions under Section 19(2) of the Act to the Managing
Director shall be in Form 21 of Schedule 1.
24. Letter of Transmittal by the Board to the
Minister of an Annual Report of the Board.
A letter of Transmittal by the Board to
the Minister of an Annual Report of the Board under Section 20(1) of the Act
shall be in Form 22 of Schedule 1.
25. Letter of Transmittal by the Minister to
Provincial Governments of an Annual Report of the Board.
A letter of Transmittal by the Minister
to a Provincial Government of an Annual Report of the Board under Section
20(2)(b) of the Act shall be in Form 23 of Schedule 1.
26. Appointment of members and alternate members of
a Provincial Forest Management Committee.
A notification in the Provincial
gazette of an appointment of members and alternate members of a Provincial
Forestry Management Committee under Section 22(2) and 23(1) of the Act shall be
in Form 24 of Schedule 1.
27. Appointment of members of Provincial Forest
Management Committees.
A notification in the Provincial
gazette of an appointment of members of a Provincial Forest Management
Committee under Section 22(2) of the Act shall be in Form 25 of Schedule 1.
28. Revocation of appointment and appointment of
members of Provincial Forest Management Committee.
A revocation of appointment and
appointment of a member of a Provincial Forest Management Committee under
Section 22(2) of the Act to be notified in the provincial gazette shall be in
Form 26 of Schedule 1.
29. Revocation of appointment and appointment of
alternate members of the Provincial Forest Management Committee.
A revocation of appointment and
appointment of an alternate member of a Provincial Forest Management Committee
under Section 22(2) of the Act to be notified in the provincial gazette shall
be in Form 27 of Schedule 1.
30. Grant of Leave of Absence by the Chairman of a
Provincial Forest Management Committee to a member or alternate member of the
Committee.
A grant of leave of absence by the
Chairman of a Provincial Forest Management Committee to a member or alternate
member of the Committee under Section 24(1) of the Act shall be in Form 28 of
Schedule 1.
31. Grant of Leave of Absence by the Chairman of the
Forest Board to the Chairman of a Provincial Forest Management Committee.
A grant of leave of absence by the
Chairman of the Board to the Chairman of a Provincial Forest Management
Committee under Section 24(2) of the Act shall be in Form 29 of Schedule 1.
32. Resignation of office by a member or alternate
member of a Provincial Forest Management Committee.
The resignation of office by a member
or alternate member of a Provincial Forest Management Committee under Section
25(1) of the Act shall be in Form 30 of Schedule 1.
33. Termination of a member or alternate member of a
Provincial Forest Management Committee by the Chairman of the Board.
The termination of a member or
alternate member of a Provincial Forest Management Committee by the Chairman of
the Board under Section 25(2) of the Act shall be in Form 31 of Schedule 1.
34. Request to Board by a body which has nominated a
member or alternate member to a Provincial Forest Management Committee to
terminate the appointment.
A request to the Board by a body which
has nominated a member or alternate member to a Provincial Forest Management
Committee to terminate the appointment under Section 25(3) of the Act shall be
in Form 32 of Schedule 1.
35. Termination by Board of appointment of a
member/alternate member of a Provincial Forest Management Committee.
A termination by the Board of the
appointment of a member or alternate member of a Provincial Forest Management
Committee under Section 25(3) of the Act shall be in Form 33 of Schedule 1.
36. Notice of intention by the Chairman of the Board
to a member or alternate member of a Provincial Forest Management Committee
that he intends to terminate his appointment.
A notice of intention by the Chairman
of the Board to a member or alternate member of a Provincial Forest Management
Committee that he intends to terminate his appointment under Section 25(4) of
the Act shall be in Form 34 of Schedule 1.
37. Representation to Chairman of the Board from a
member or alternate member of a Provincial Forest Management Committee.
A representation to the Chairman of the
Board from a member or alternate member of a Provincial Forest Management
Committee under Section 25(5) of the Act shall be in Form 35 of Schedule 1.
38. Termination by Chairman of the Board of
appointment of member or alternate member of a Provincial Forest Management
Committee.
The termination by the Chairman of the
Board of the appointment of a member or alternate member of a Provincial Forest
Management Committee under Section 25(5) or 25(6) of the Act shall be in Form
36 of Schedule 1.
39. Determination by the Chairman of a Provincial
Forest Management Committee to convene a meeting of the Committee.
A determination by the Chairman of a
Provincial Forest Management Committee to convene a meeting of the Committee
under Section 27(1) of the Act shall be in Form 37 of Schedule 1.
40. Request to the Chairman of a Provincial Forest
Management Committee by the Board or Managing Director of the National Forest
Service to convene a meeting of the Committee.
A request to the Chairman of a
Provincial Forest Management Committee by the Board or the Managing Director of
the National Forest Service to convene a meeting of the Committee under Section
27(2) of the Act shall be in Form 38 of Schedule 1.
41. Request to the Chairman of a Provincial Forest
Management Committee by not less than two members to convene a meeting of the
Committee.
A request to the Chairman of a
Provincial Forest Management Committee by not less than two members to convene
a meeting of the Committee under Section 27(2) of the Act shall be in Form 39
of Schedule 1.
42. Convening of a Provincial Forest Management
Committee by the Chairman of the Provincial Forest Management Committee
pursuant to a request by the Board or Managing Director of the National Forest
Service or of not less than two members of the Provincial Forest Management
Committee.
The convening of a Provincial Forest
Management Committee by the Chairman of the Provincial Forest Management
Committee pursuant to a request by the Board or Managing Director of the
National Forest Service or by not less than two members of the Provincial
Forest Management Committee under Section 27(2) of the Act shall be in Form 40
of Schedule 1.
43. Provincial Forest Management Committee Notice to
the owners of a Forest Resource.
A Provincial Forest Management
Committees notice to the owner of a Forest Resource under Section 28(3) of the
Act shall be in Form 41 of Schedule 1.
44. Delegation of Provincial Forest Management
Committee's functions to the National Forest Service.
A delegation of a Provincial Forest
Management Committee's functions to the National Forest Service under Section
30(2) of the Act shall be in Form 42 of Schedule 1.
45. Letter of transmittal of an Annual Report of a
Provincial Forest Management Committee to the Chairman of the Board.
A letter of transmittal of an Annual
Report of a Provincial Forest Management Committee under Section 31(1) of the
Act shall be in Form 43 of Schedule 1.
46. Annual Report of the Provincial Forest
Management Committee.
An Annual Report of a Provincial Forest
Management Committee under Section 31(1) of the Act shall be in Form 44 of
Schedule 1.
47. Letter of transmittal of an Annual Report of a
Provincial Forest Management Committee by the Chairman of the Board to the
Minister and the Chairman of the Committee in the Provincial Executive Council
Responsible for Forestry Functions in a Provincial Government.
A letter of Transmittal of an Annual
Report of a Provincial Forest Management Committee by the Chairman of the Board
to the Minister and the Chairman of the Committee in the Provincial Executive
Council responsible for Forestry Functions in a Provincial Government under
Section 31(2) of the Act shall be in Form 45 of Schedule 1.
48. Establishment of an Advisory Committee of the
Board.
The establishment of an Advisory
Committee of the Board under Section 32 of the Act shall be in Form 46 of
Schedule 1.
49. Appointment to an Advisory Committee of the
Board.
The appointment of a person to an
Advisory Committee of the Board under Section 32(2)(a) of the Act shall be in
Form 47 of Schedule 1.
50. Board's advice to the Minister on other
functions of the Managing Director.
The Board's advice to the Minister on
other functions of the Managing Director under Section 35(2) of the Act shall
be in Form 48 of Schedule 1.
51. Determination by the Minister for Forests on
other functions to be carried out by the Managing Director.
A determination by the Minister for
Forests on other functions to be carried out by the Managing Director under
Section 35(2) of the Act shall be in Form 49 of Schedule 1.
52. Delegation of powers by Managing Director.
A delegation of powers by the Managing
Director under Section 35(3) of the Act shall be in Form 50 of Schedule 1.
53. National Forest Service.
(1) Subject to the Salaries and
Conditions Monitoring Committee Act 1988, the terms and conditions of
employment of officers of the National Forest Service, excluding the Managing
Director—
(a) may provide for the employment of
certain officers under a contract of employment for a specified term; and
(b) shall otherwise be as determined by
the Board.
(2) Subject to the Salaries and
Conditions Monitoring Committee Act 1988, the provision for a
superannuation or other retirement benefits scheme to provide benefits for the
staff, the provision for a home ownership scheme for citizen officers and
disciplinary procedures including the creation and abolition of offices and the
promotion of officers shall be as determined by the Board.
54. Minister's consultation with Board on proposed
appointment of consultant.
The Minister's consultation with the
Board on a proposed appointment of the Consultant under Section 40 of the Act
shall be in Form 51 of Schedule 1.
55. Board's and Managing Director's advice to
Minister on proposal by Minister to appoint a consultant.
The Board's and the Managing Director's
advice to the Minister on a proposal by the Minister to appoint a consultant
under Section 40 of the Act shall be in Form 52 of Schedule 1.
56. Appointment of consultant by the Minister.
An appointment of a Consultant by the
Minister under Section 40 of the Act shall be in Form 53 of Schedule 1.
57. Board recommendation to Minister to appoint
Forest Officers.
A Board's recommendation to the
Minister to appoint Forest Officers under Section 41(1) of the Act shall be in
Form 54 of Schedule 1.
58. Instrument of appointment of Forest Officers.
An instrument of appointment of Forest
Officers by the Minister under Section 41(1) of the Act shall be in Form 55 of
Schedule 1
59. Board recommendation to Minister to appoint
Forest Inspectors.
A Board's recommendation to the
Minister to appoint Forest Inspectors under Section 41(2) of the Act shall be
in Form 56 of Schedule 1.
60. Instrument of appointment of Forest Inspectors.
An instrument of appointment of Forest
Inspectors by the Minister under Section 41(2) of the Act shall be in Form 57
of Schedule 1.
61. Minister's consultation with the Board on
proposed establishment of a State Marketing Agency.
The Minister consultation with the
Board on a proposed establishment of a State Marketing Agency under Section
42(1) of the Act shall be in Form 58 of Schedule 1.
62. Board's advice to Minister for Forest on
proposal by Minister to establish a State Marketing Agency.
The Board's advice to the Minister on
the Minister's proposal to establish a State Marketing Agency shall be in Form
59 of Schedule 1.
63. Determination by the Board for the management
staffing and control of the State Marketing Agency established as a Division of
the National Forest Service by the Minister.
A determination by the Board for the
management, staffing and control of a State Marketing Agency established as a
division of the National Forest Service by the Minister under Section 42(2) of
the Act shall be in Form 60 of Schedule 1.
64. Establishment of a State Marketing Agency as a
Division of the National Forest Service by the Minister or otherwise.
An establishing of a State Marketing
Agency as a Division of the National Forest Service by the Minister or
otherwise under Section 42(1) of the Act shall be in Form 61 of Schedule 1.
65. Notice to Minister for Finance of Board's
intention to execute a Project Agreement and seeking the Minister for Finance's
approval.
A Notice to the Minister for Finance of
the Board's intention to execute a Project Agreement and seeking the Minister
for Finance's approval under Section 61(2) of the Public Finances
(Management) Act 1995 shall be in Form 62 of Schedule 1.
66. Minister for Finance's approval for Board to
execute a Project Agreement.
An approval by the Minister for Finance
for the Board to execute a Project Agreement under Section 61(2) of the Public
Finances (Management) Act 1995 shall be in form 63 of Schedule 1.
67. Notice to Minister for Finance of Board's
intention to execute a contract and seeking the Minister for Finance's
approval.
A Notice to the Minister for Finance of
the Board's intention to execute a contract (other than a project agreement)
and seeking the Minister for Finance's approval under Section 61(2) of the Public
Finances (Management) Act 1995 shall be in Form 64 of Schedule 1.
68. Minister for Finance's approval for Board to
execute a contract.
An approval by the Minister for Finance
for the Board to execute a contract (other than a project agreement) under
Section 61(2) of the Public Finances (Management) Act 1995 shall be in
Form 65 of Schedule 1.
69. National Forest Inventory and Annual Statement
by Board of Allowable Cut Volumes.
(1) A National Forest Inventory
referred to in Section 47(2)(b) of the Act shall include the following
particulars:—
(a) a precise description of those
parts of the national forest estate which are deemed suitable for long term
sustainable management by location, type, area and estimated merchantable volume;
(b) a description of the national
forest estate presenting broad details of all forests by location, type and
area;
(c) such other particulars as the
Board may specify from time to time.
(2) The content of the National
Forest Inventory shall be revised from time to time to take account of known
changes in the nature and size of the national forest resource, data obtained
from successive or more detailed forest resource assessments and knowledge
obtained through forest research.
(3) A document purporting to be the
National Forest Inventory or a revision thereof shall be of no force and effect
unless it has been certified as such by the Chairman pursuant to a resolution
of the Board to the effect that the Board is satisfied that the information
contained therein is the best available at the time and is suitable for
inclusion in the Inventory.
(4) A certificate certifying a
National Forest Inventory under Section 47(2)(b) of the Act shall be in Form 66
of Schedule 1.
(5) Within 30 days of certification
under Subsection (4), the Authority shall make and offer for sale to the
public, at a price determined by the Managing Director, printed copies of the
National Forestry Inventory or a revision thereof, and the Authority may make
and offer for sale to the public consolidated copies of the Inventory and
revisions thereof on such occasions as it sees fit.
(6) An Annual Statement by the
Board of allowable cut volumes under Section 47(2)(c)(iii) of the Act shall be
in Form 67 of Schedule 1.
70. Letter of transmittal of a National Forest Plan
by the Chairman of the Board to the Minister.
A transmittal by the Chairman of the
Board to the Minister under Section 48 of the Act of a National Forest Plan
shall be accompanied by a letter of transmittal in Form 68 of Schedule 1.
71. Submission of Provincial Forest Plan to Board.
A submission to the National Forest
Board of a copy of a Provincial Forest Plan or a renewal thereof pursuant to
Section 50(1) of the Act shall be in Form 69 of Schedule 1.
72. Referral by Board of Provincial Forest Plan to
Provincial Government.
A referral by the Board to a Provincial
Government of a Provincial Forest Plan under Section 50(2) of the Act shall be
in Form 70 of Schedule 1.
73. Re-submission of a Provincial Forest Plan to
Board.
A re-submission by the Minister
responsible for forestry functions in a Provincial Executive Council of a
Provincial Government to the Board of a Provincial Forest Plan under Section
50(3) of the Act shall be in Form 71 of Schedule 1.
74. Board's notification to Chairman of the
Committee of the Provincial Executive Council responsible for forestry function
relating to a Provincial Forest Plan.
A notification by the Board under
Section 51(a) of the Act to the Chairman of the Committee of the Provincial
Executive Council responsible for forestry functions in a Provincial Government
that the Provincial Forest Plan is consistent with the National Forestry
Development Guidelines shall be in Form 72 of Schedule 1.
75. Letter of transmittal of a Provincial Forest
Plan by the Board to the Minister.
A letter of transmittal by the Board to
the Minister of a Provincial Forest Plan shall be in Form 73 of Schedule 1.
76. Declaration of restricted area by Managing
Director.
A declaration by the Managing Director
of a restricted area under Section 52 of the Act shall be in Form 74 of
Schedule 1.
77. Burning permit.
A burning permit issued by a Forest
Officer under Section 53 of the Act shall be in Form 75 of Schedule 1.
78. Application to Managing Director for a burning
permit.
An application for a burning permit
shall—
(a) be in Form 76 of Schedule 1; and
(b) contain the information and
particulars specified in the form or as are required in any particular case by
the Managing Director.
79. Forest Management Agreement.
A Forest Management Agreement under
Section 58 of the Act shall contain those particulars as set out in Section 58
of the Act and such other particulars as the Board may specify from time to
time.
80. Approval of a Forest Management Agreement by
Minister.
The approval of the Minister to a
Forest Management Agreement under Section 56(2) of the Act shall be in Form 77
of Schedule 1.
81. Board's request to the Minister to approve a
Forest Management Agreement.
A Board request to the Minister to
approve a Forest Management Agreement under Section 56(2) of the Act shall be
in Form 78 of Schedule 1.
82. Certificate from Provincial Forest Management
Committee on Forest Management Agreement.
A certificate from a Provincial Forest
Management Committee under Section 58(f) of the Act shall be in Form 79 of
Schedule 1 and shall be annexed to a Forest Management Agreement referred to in
Section 58 of the Act.
83. Board consultation with customary owners, etc.
To enable the Board to carry out its
obligation under Section 59 of the Act to consult with those persons and
Provincial Government referred to in Section 59 of the Act the Board shall
forward to such persons and Provincial Government a Notice in Form 80 of
Schedule 1.
84. Board direction to the National Forest Service
or a contractor to carry out development options studies over a proposed
project area.
The Board's direction to the National
Forest Service or a contractor to carry out development options studies over a
proposed project area under Section 62(1) of the Act shall be in Form 81 of
Schedule 1.
85. Board's request to Provincial Forest Management
Committee to give directions to the Board on the carrying out of a Development
Options Study.
A request by the Board to a Provincial
Forest Management Committee requiring the Provincial Forest Management
Committee to give the Board directions on the carrying out of a Development
Options Study shall be in Form 82 of Schedule 1.
86. Directions to the Board from Provincial Forest
Management Committee on Development Options Study.
A provincial Forest Management
Committee's direction to the Board under Section 62(3)(b) of the Act shall be
in Form 83 of Schedule 1.
87. Provision of Development Options Study to
Minister and Provincial Forest Management Committee.
(1) The provision by the Board to
the Minister and the Provincial Forest Management Committee of true copies of a
development option study under Section 62(4) of the Act shall be in Form 84 of
Schedule 1.
(2) Any person may on payment of
the prescribed fee in Schedule 3, make application in Form 232 of Schedule 1 to
the National Forest Service for a copy of a development option study.
88. Submission to Board of draft project guidelines
by Provincial Forest Management Committee.
A submission by a Provincial Forest
Management Committee to the Board of draft project guidelines under Section
63(2) of the Act shall be in Form 85 of Schedule 1.
89. Boards issuance of final project guidelines for
Forest Development Project.
(1) The issuing of final project
guidelines by the Board under Section 63(2) of the Act shall be in Form 86 of
Schedule 1.
(2) Any person may on payment of
the prescribed fee in Schedule 3, make application in Form 232 of Schedule 1
for a copy of final Project Guidelines for a Forest Development Project.
90. Expressions of interest in a Forest Development
Project and Project Proposal.
(1) The Registration of an
Expression of interest in a Forest Development Project and the lodgement of a
Project Proposal under Section 64 of the Act from a registered forestry
industry participant shall be in Form 87 of Schedule 1 and both the Expression
of Interest and Project Proposal must be lodged together in accordance with the
manner and procedures as determined by the Board and as set out in any public
advertisement calling for tenders to lodge Expressions of Interest in a Forest
Development Project and to lodge Project Proposals.
(2) Where the Board has determined
under Section 64(3) of the Act to consider Expressions of Interest in a Forest
Development Project and Project Proposals without advertisement for open tender
then such expressions of interest and project proposals shall be lodged together
directly with the Managing Director and shall be in Form 92 of Schedule 1.
(3) The fee payable on lodging an
expression of interest and accompanied project proposal under Section 66 of the
Act shall be as specified in Schedule 3.
[ccxlix]91. Invitation by the Board to the holder of a timber
permit to lodge an expression of interest and make a project proposal in
respect of an extension into a Forest Development Project Area.
An invitation by the Board under Section
64(3) to a registered forest industry participant who is the holder of a timber
permit to lodge an expression of interest and project proposal shall be in Form
88 of Schedule 1.
[ccl]92. Application by the holder of a timber permit
to the Board to approve a Forest Development Project as an extension of an
existing approved operation [repealed].
93. Grant or refusal of permission to carry out
feasibility studies, etc.
The Managing Director's grant of
permission under Section 65 of the Act shall be in Form 90 of Schedule 1.
94. Application to Managing Director to carry out
feasibility studies, etc.
(1) An application under Section 65
of the Act by a registered forest industry participant or consultant to enter a
project area and carry out those activities referred to in Section 65 of the
Act shall be in Form 91 of Schedule 1.
(2) The fee payable on making an
application under Section 65 of the Act shall be as specified in Schedule 3.
95. Project proposals.
(1) A project proposal referred to
in Section 66 of the Act shall be accompanied by the following particulars:—
(a) a description of the proposed use
of the forest resource;
(b) the proposed forest harvesting
methods;
(c) details of employment potential in
relation to the project;
(d) detailed financial analysis in
relation to the project including projected revenue flows, cost flows,
particulars of debt servicing and rates of return;
(e) an undertaking and guarantee that
the proponents will comply with contemporary environmental control standards
and the Authority's Manuals titled "Planning, Monitoring and Control
Procedures for Natural Forest Logging Operations under a Timber Permit",
"P.N.G. Logging Code of Practice" and "Procedures for Exporting
Logs" (or any revisions thereof);
(f) detailed description and
independent valuation of the proponents proposals for landowner benefits;
(g) details of proposed measures to
implement the principles of sustainable forest management which shall include
but are not limited to all of the following:—
(i) resource replacement;
(ii) selective logging;
(iii) enrichment planting;
(iv) harvesting practices;
(v) reforestation;
(h) a copy of certificate of
registration as a forest industry participant;
(i) supporting documentation from the
proponents Bankers, financiers or others confirming the ability of the
proponent to undertake the proposed project;
(j) the name, postal address, address
for service in Papua New Guinea of legal process, telephone number and
facsimile number of the proponent;
(k) where the proponent is a corporate
person—
(i) the shareholding structure;
and
(ii) the name, office or position
held in the company, nationality, place of residence, details of formal
qualifications, relevant work experience of, and other current or prior offices
held by, each director, office-bearer or senior management executive; and
(iii) the proponents experience in
proposals of a similar nature;
(l) the name, address, telephone and
facsimile number of the applicant's bankers;
(m) any permit, licence or timber
authority applied for or held by the Proponent;
(n) where the proponent is a corporate
person—
(i) a copy of the certificate of
incorporation; and
(ii) the shareholding structure of
any incorporated shareholders;
(o) audited financial statements for
the year ending 31 December previously; and
96. Reference of a project proposal to a Provincial
Forest Management Committee.
A reference of a project proposal by
the Managing Director under Section 67(1) of the Act to a Provincial Forest
Management Committee for evaluation shall be in Form 93 of Schedule 1.
97. Provincial Forest Management Committee
invitation to proponent for further information, etc.
An invitation by a Provincial Forest
Management Committee under Section 68(1) of the Act to a proponent to provide
further information shall be in Form 94 of Schedule 1.
98. Report and recommendation of Provincial Forest
Management Committee on project proposal to the Board.
A Provincial Forest Management
Committees report and recommendations to the Board under Section 69 of the Act
shall be in Form 95 of Schedule 1.
99. Boards Consultation with Minister on report and
recommendations of a Provincial Forest Management Committee.
The Board's consultation with the Minister
on a report and recommendation of a Provincial Forest Management Committee
under Section 70(1)(a) of the Act shall be in Form 96 of schedule 1.
100. Minister views on Provincial Forest Management
Committee's report and recommendations and on the Board's views.
The Minister views on Provincial Forest
Management Committee's reports and recommendations and on the Board's views
under Section 70(a) of the Act shall be in Form 97 of Schedule 1.
101. Board Directions to Provincial Forest Management
Committee on Project Agreement.
A direction by the Board to the
Provincial Forest Management Committee under Section 70(1)(b) of the Act shall
be in Form 98 of Schedule 1.
102. Board Recommendation to the Provincial Forest
Management Committee on the parameters within which negotiations should be
conducted and recommendations on the composition of a negotiating committee.
The Board's recommendation to the
Provincial Forest Management Committee on the parameters within which
negotiations should be conducted and recommendations on the composition of a
negotiating committee under Section 70(1)(c) and (d) of the Act shall be in
Form 99 of Schedule 1.
103. Provincial Forest Management committees
confirmation to the Board on the parameters within which negotiations are to be
conducted and of the composition of a negotiating committee.
The recommendations to the Board by the
Provincial Forest Management Committee on the parameters within which
negotiations should be conducted and of the composition of a negotiating
committee under Section 70(1)(c) and (d) of the Act shall be in Form 100 of
Schedule 1.
104. Confirmation by the Board to the Provincial
Forest Management Committee of the parameters within which negotiations are to
be conducted and on the composition of a negotiating committee.
The Board's determination of the
parameters within which negotiations shall be conducted and on the composition
of a negotiating committee under Section 70(1)(c) and (d) of the Act shall be
in Form 101 of Schedule 1.
105. Advice to Board by Provincial Forest Management
Committee that negotiations have failed in respect to a final draft of a
project agreement.
Where the Provincial Forest Management
Committee are unable to submit to the Board a final draft or further final
draft of a project agreement as required by Section 71 or 72 of the Act the
Provincial Forest Management Committee shall advise the Board of the reasons
why negotiations have failed in Form 102 of Schedule 1.
106. Submission of final draft of project agreement by
a Provincial Forest Management Committee to Board.
A submission to the Board by a
Provincial Forest Management Committee under Section 71(b) of the Act of a
final draft of a project agreement to the Board shall be in Form 103 of
Schedule 1.
107. Board Recommendation to Minister to grant a
timber permit.
A recommendation by the Board to the
Minister under Section 72(1)(b)(ii) of the Act to grant a timber permit shall
be in Form 104 of Schedule 1.
108. Board referral to Provincial Forest Management
Committee of draft project agreement.
A referral from the Board to the
Provincial Forest Management Committee under Section 72(1)(c) of the Act shall
be in Form 105 of Schedule 1.
109. Submission to Board o ffurther final draft
project agreement by Provincial Forest Management Committee.
A submission of a further final draft
project agreement under Section 72(2) of the Act by a Provincial Forest
Management Committee to the Board shall be in Form 106 of Schedule 1.
110. Minister's invitation to a person to make an
application for a timber permit.
An invitation by the Minister under
Section 73(1) or Section 75(1) of the Act to a person to make an application
under Section 77 of the Act for the grant of a timber permit shall be in Form
107 of Schedule 1.
111. Minister's non-acceptance of Board's
recommendation to grant a timber permit and referral to Board.
The Minister's notification to the
Board under Section 73(4) of the Act of his non-acceptance of a Board
recommendation made under Section 72(1)(b)(ii) of the Act shall be in Form 108
of Schedule 1.
112. Board's final recommendation to the Minister to
grant a timber permit.
A final recommendation by the Board to
the Minister under Section 74 of the Act to grant a timber permit shall be in
Form 109 of Schedule 1.
113. Minister referral of Board recommendation for a
grant of a timber permit to National Executive Council.
The Minister's referral to the National
Executive Council of a recommendation of the Board to grant a timber permit
under Section 75(2) of the Act shall be in Form 110 of Schedule 1.
114. Direction of National Executive Council to the
Minister to accept the recommendation of the Board of the Forest Authority to
grant a timber permit.
A direction of the National Executive
Council to the Minister to accept the recommendation of the Forest Authority to
grant a timber permit under Section 76 of the Act shall be in Form 111 of
Schedule 1.
115. Direction of National Executive Council to the
Minister to reject the recommendation of the Board of the Forest Authority to
grant a timber permit.
A direction of the National Executive
Council to the Minister to reject the recommendation of the Board of the Forest
Authority to grant a timber permit under Section 76 of the Act shall be in Form
112 of Schedule 1.
116. Minister's advice to the Board of National
Executive Council's direction to the Minister to accept the recommendation of
the Board of the Forest Authority to grant a timber permit.
The Minister's advice to the Board made
pursuant to Section 76(2)(b) of the Act of a National Executive Council
direction to the Minister to accept the recommendation of the Board of the
Forest Authority to grant a timber permit shall be in Form 113 of Schedule 1.
117. Minister's advice to the Board of National
Executive Council's direction to the Minister to reject the recommendation of
the Board of the Forest Authority to grant a timber permit.
The Minister's advice to the Board made
pursuant to Section 76(2)(b) of the Act of a National Executive Council
direction to the Minister to reject the recommendation of the Board of the
Forest Authority to grant a timber permit shall be in Form 114 of Schedule 1.
118. Timber permit.
A timber permit under Section 73 of the
Act shall—
(a) be in Form 115 of Schedule 1; and
(b) contain such conditions as are
provided for in Section 73(2) of the Act and as are specified in Form 115 of
Schedule 1.
119. Application for a timber permit.
(1) An application for a timber
permit under Section 77(1) of the Act shall be in Form 116 of Schedule 1.
(2) An application for a timber
permit shall contain the information and particulars as required under Section
77(2) of the Act and as are specified in Form 116 of Schedule 1 and an approval
of the environmental plan referred to in Section 77(2)(c)(iii) of the Act by
the National Executive Council under Section 18 of the Environmental
Planning Act 1978.
(3) The fee payable on an
application for a timber permit shall be as specified in Schedule 3.
120. Return of an application for a timber permit.
The return of an application for a
timber permit by the Managing Director under Section 77(1) of the Act shall be
in Form 117 of Schedule 1.
121. Timber permit extension or renewal of term.
A timber permit extension or renewal of
term under Section 78(4) of the Act shall—
(a) be in Form 118 of Schedule 1; and
(b) contain such conditions as provided
for in Section 78 of the Act and as are specified in Form 118 of Schedule 1.
122. Return by Managing Director of application for
extension or renewal of the term a timber permit.
The return of an application for an
extension or renewal of the term a timber permit by the Managing Director under
Section 78(1) of the Act shall be in Form 119 of Schedule 1.
123. Application for extension or renewal of term of
timber permit.
(1) An application for an extension
or renewal of a term of a timber permit under Section 78(2) of the Act shall be
in Form 120 of Schedule 1.
(2) An application for extension or
renewal of a timber permit shall not be considered by the Board until the
information and particulars as are specified in Section 78(3) of the Act have
been obtained and any application must contain a brief submission setting out
why the extension or renewal is desired.
(3) An application must be lodged
no later than 90 days before the expiry of the timber permit.
(4) The fee payable on an
application for an extension or renewal of term shall be as specified in
Schedule 3.
124. Board request to Provincial Forest Management
Committee for a report on timber permit extension or renewal of term.
A Board request to a Provincial Forest
Management Committee under Section 78(3) of the Act shall be in Form 121 of
Schedule 1.
125. Report to the Board by a Provincial Forest
Management Committee on an application for an extension or renewal of the term
of a timber permit extension.
A report to the Board by a Provincial
Forest Management Committee on an application for an extension or renewal of
the term of a timber permit extension under Section 78(3) of the Act shall be
in Form 122 of Schedule 1.
126. Rejection by Board of application for extension
or renewal of term of a timber permit.
A rejection by the Board of an
application for an extension or renewal of term of a timber permit under
Section 78(4) of the Act shall be in Form 123 of Schedule 1.
127. Recommendation by Board to the Minister for
timber permit extension, etc.
A recommendation from the Board to the
Minister under Section 78(4) of the Act to extend or renew the term of a timber
permit shall be in Form 124 of Schedule 1.
128. Board notice to a holder of a timber permit that
it requires an amendment to a timber permit.
A Board notice to a holder of a timber
permit that it requires an amendment to a timber permit under Section 79(3) of
the Act shall be in Form 125 Schedule 1
129. Managing Director's notice of Minister's approval
of transfer of a timber permit.
A Notice by the Managing Director of
the Ministers approval under Sections 81(1) and 83(1) of the Act of a transfer
of a timber permit shall be in Form 126 of Schedule 1.
130. Managing Director's notice of Minister's approval
of surrender of a timber permit.
A Notice by the Managing Director of
the Minister's approval under Section 81(1) and 83(1) of the Act of a surrender
of a timber permit shall be in Form 127 of Schedule 1.
131. Managing Director's notice of Minister's approval
of amendment of a timber permit.
A notice by the Managing Director of
the Minister's approval under Section 81(1) and 83(1) of the Act of an
amendment of a timber permit shall be in Form 128 of Schedule 1.
132. Conditions of a transfer surrender or amendment
of a timber permit.
The Minister's approval of a transfer,
surrender or amendment of a timber permit shall contain such conditions as are
provided for in Section 81 of the Act and as are specified in the relevant
forms.
133. Application to transfer etc. a timber permit.
(1) An application under Section
79(1) of the Act for the transfer, amendment or surrender of a timber permit
shall—
(a) be in Form 129 of Schedule 1; and
(b) contain the information and
particulars as specified in Form 129 of Schedule 1.
(2) The fee payable on an
application to transfer, amend or surrender a timber permit shall be as
specified in Schedule 3.
134. Return by Managing Director of an application to
transfer amend or surrender a timber permit.
A return by the Managing Director of an
application to transfer, amend or surrender a timber permit under Section 79(1)
of the Act shall be in Form 130 of Schedule 1.
135. Board Recommendation to Minister to transfer,
etc., timber permit.
A recommendation from the Board to the
Minister under Section 80(b) of the Act for the grant of a transfer amendment
or surrender of a timber permit shall be in Form 131 of Schedule 1.
136. Approval of Minister to transfer, etc., timber
permit.
The approval of the Minister to the
Board under Section 81(1) of the Act of a recommendation of the Board to a
transfer, amendment or surrender of a timber permit shall be in Form 132 of
Schedule 1.
137. Ministers referral of application to transfer,
etc., a timber permit for Board's Recommendation.
A referral from the Minister under
Section 81(3) of the Act to the Board for its reconsideration shall be in Form
133 of Schedule 1.
138. Board's final recommendation to Minister on
transfer, etc. , a timber permit.
After a reconsideration of the
application a final recommendation from the Board to the Minister under Section
82 of the Act in respect of the transfer, amendment or surrender of a timber
permit shall be in Form 134 of Schedule 1.
139. Approval of Minister to transfer, etc, timber
permit after receiving Board's final recommendation.
The approval of the Minister under
Section 83(1) of the Act of a final recommendation of the Board to a transfer
amendment or surrender of a timber permit shall be in Form 135 of Schedule 1.
140. Minister's referral of an application for a
transfer amendment or surrender of a timber permit to the National Executive
Council.
The Minister's referral of an
application for the transfer, amendment or surrender of a timber permit to the
National Executive Council under Section 83(3) of the Act shall be in Form 136
of Schedule 1.
141. Directions of National Executive Council to the
Minister to accept the recommendation of the Board of the Forest Authority for
a transfer amendment or surrender of a timber permit.
Directions of the National Executive
Council to the Minister to accept the recommendation of the Board of the Forest
Authority for a transfer, amendment or surrender of a timber permit under
Section 84 of the Act shall be in Form 137 of Schedule 1.
142. Directions of National Executive Council to the
Minister to reject the recommendation of the Board of the Forest Authority for
a transfer amendment or surrender of a timber permit.
Directions of the National Executive
Council to the Minister to reject the recommendation of the Board of the Forest
Authority for a transfer, amendment or surrender of a timber permit under
Section 84 of the Act shall be in Form 138 of Schedule 1.
143. Minister's Advice to the Board and the holder of
a timber permit of National Executive Council's directions to the Minister to
accept the recommendation of the Board of the Forest Authority for a transfer
amendment or surrender of a timber permit.
The Minister's advice to the Board and
the Holder of a timber permit pursuant to Section 84(2)(a) of the Act of a
National Executive Council direction to the Minister to accept the
recommendation of the Board of the Forest Authority for the transfer, amendment
or surrender of a timber permit shall be in Form 139 of Schedule 1.
144. Minister's Advice to the Board and the holder of
a timber permit of National Executive Council's directions to the Minister to
reject the recommendation of the Board of the Forest Authority for a transfer
amendment or surrender of a timber permit.
The Minister's advice to the Board and
the Holder of a timber permit pursuant to Section 84(2)(a) of the Act of a
National Executive Council direction to the Minister to reject the
recommendation of the Board of the Forest Authority for the transfer, amendment
or surrender of a timber permit shall be in Form 140 of Schedule 1.
145. Suspension of rights of a Timber Permit, etc.
Suspension of rights in a timber
permit, timber authority or a licence under Section 85 of the Act shall be in
accordance with Form 141 of Schedule 1.
146. Notice of intention to suspend rights.
A notice of intention under Section
85(2) of the Act to suspend rights under a timber permit, timber authority or
licence shall be in accordance with Form 142 of Schedule 1.
147. Request of holder of Timber Permit, etc., to be
heard on suspension of rights.
A request by the holder of a timber
permit, timber authority or licence under Section 85(4) of the Act to be heard
shall be in Form 143 of Schedule 1.
148. Application of holder of timber permit, etc, to
re-instate rights suspended.
An application by the holder of a
timber permit, timber authority or licence under Section 85(5) of the Act to
re-instate rights suspended under Section 85 of the Act shall be in Form 144 of
Schedule 1.
149. Recission of notice of suspension by the Managing
Director.
A recission of a notice under Section
85(4) of the Act of suspension by the Managing Director shall be in Form 145 of
Schedule 1.
150. Re-instatement by Managing Director of rights
suspended.
The re-instatement of rights suspended
under a timber permit, timber authority or licence by the Managing Director
under Section 85(5) shall be in Form 146 of Schedule 1.
151. Cancellation of timber permit by Minister.
Cancellation of a timber permit under
Section 86 of the Act by the Minister shall be in accordance with Form 147 of Schedule
1.
152. Notice of intention to cancel timber permit.
A notice of intention under Section
86(3) to cancel a timber permit shall be in Form 148 of Schedule 1.
153. Representations to Managing Director from holder
of timber permit.
Representations by the holder of a
timber permit under Section 86(3)(b) of the Act shall be in Form 149 of
Schedule 1.
154. Request of holder of timber permit to be heard on
proposed cancellation of a timber permit.
A request by the holder of a timber
permit under Section 86(4) of the Act to be heard shall be in Form 150 of
Schedule 1.
155. Managing Director's report to the Board of
hearing on proposed cancellation of a timber permit.
A report to the Board by the Managing
Director pursuant to Section 86(7) (a) of the Act of a hearing under Section
86(4) of the Act shall be in Form 151 of Schedule 1.
156. Managing Director's report to the Board when
there has been no representations made or request to be heard.
Where there has been no representations
by a holder of timber permit under Section 86(3) of the Act or a request to be
heard under Section 86(4) of the Act the Managing Director shall make a report
to the Board in Form 152.
157. Recommendations by Board to Minister on proposed
cancellation of timber permit.
Recommendations by the Board to the
Minister under Section 86(7)(b) shall be in Form 153 of Schedule 1.
158. Advice to the Minister to cancel a timber permit.
Where there has been no representation
made by the holder of a timber permit under Section 86(3) of the Act or a
request to be heard under Section 86(4) of the Act the Board shall advise the
Minister in Form 154 of Schedule 1.
159. Timber authority for domestic processing, etc.
A timber authority under Section 87 of
the Act and which is to harvest less than 5000m3
per year by selection logging for domestic processing shall be in Form 155 of
Schedule 1 and shall be subject to all of the conditions set out in that Form.
160. Application for timber authority for domestic
processing, etc.
(1) An application for a timber
authority under Section 88 of the Act shall, where the application is to
harvest not more than 5000m3 per year by selection logging for domestic processing, be
in Form 156 of Schedule 1 and contain the particulars as set out in that Form
and shall have attached to such application the following documentation:—
(a) a Verification of Ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase Agreement
between the applicant and the customary owners, which relates to the purchase,
harvesting, processing or marketing of timber and other forest products from
the project area and such Agreement shall be in Form 166 of Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
161. Timber authority for roadline clearance, etc.
(1) A timber authority under Section
87 of the Act and which is for roadline clearance shall be in Form 157 of
Schedule 1 and shall be subject to all of the conditions as set out in that
Form.
(2) The maximum roadline corridor
which may be cleared under a single timber authority for this purpose shall not
exceed—
(a) corridor length—the length of road
planned to be constructed in the particular timber authority period; and
(b) corridor width—40 metres and such
said width shall not be more than 20 metres on either side of the centre of the
road.
(3) Any grant of a timber authority
for roadline clearance shall be granted for the period of the total roadline
clearance project.
(4) A timber authority granted for
forest clearance for road construction may be suspended where—
(a) construction of the road in the
corridor cleared under the timber authority is not progressing according to the
Department of Transport and Work's approved implementation schedule; or
(b) the applicant has not provided the
Authority with a certificate from the Department responsible for road works
matters confirming that the length of road constructed in the roadline cleared
in accordance with any stage of an implementation schedule meets the road
construction standards of that Department.
(5) The construction of new public
roads through forested area shall not be funded by the logging of a wide forest
corridor, and the timber authority shall prescribe that forest clearance for
road construction shall only be authorized in stages in order to ensure actual
construction takes place. An applicant for a timber authority must satisfy the
Managing Director that he is able to fund the roadline clearance and for this
purpose the applicant may factor into their financial proposals estimates of
income to the resource owners and themselves from the projected sale of forest
resources.
(6) Before a timber authority is
processed by the Forest Authority, the relevant Provincial Government must
confirm in writing that the proposed road is on the National and or Provincial
transport plan and that it agrees with the road being built, and that where it
is to be responsible for the roads maintenance, it can afford to maintain the
road.
162. Application for timber authority for roadline
clearance, etc.
(1) An application for a timber
authority under Section 88 of the Act shall, where the application is to
harvest logs for commercial use from forest clearing operations, be in Form 158
of Schedule 1 and shall have attached to such application the following documentation:—
(a) a Verification of Ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase
Agreement between the applicant and the customary owners, which relates to the
purchase, harvesting, processing or marketing of timber and other forest
products from the project area and such Agreement shall be in form 166 of
Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
163. Timber authority for agricultural or other land
use.
(1) A timber authority under
Section 87 of the Act and which is for agricultural or other land use shall be
in Form 159 of Schedule 1 and shall be subject to all of the conditions as set
out in that Form.
(2) Any grant of a timber authority
for agricultural or other land use shall be granted for the period of the total
agriculture or other land use project.
[ccli](3) [repealed].
(4) A further stage under the same
Timber Authority may only be granted for the same purposes of forest clearance
for agriculture or other land use where all conditions relating to an
agricultural development plan implementation schedule have been satisfied.
(5) A timber authority granted for
agriculture and other land use may be suspended where—
(a) the planned land use is not
progressing according to the Department of Agriculture and Livestock approved
implementation Schedule; or
(b) the applicant has not provided the
Authority with a certificate from the Department responsible for Agriculture
and Livestock confirming that the requirements of agriculture contained in the
timber authority are in accordance with any stage of an implementation schedule
and meets the standards of that Department.
(6) An applicant for a timber
authority for agriculture or other land use must satisfy the Managing Director
that it is able to fund the agriculture or other land use project and for this
purpose the applicant may factor into their financial proposals estimates of
income to the resource owners and themselves from the projected sale of forest
resources.
164. Application for timber authority for agricultural
or other land use.
(1) An application for a timber
authority under Section 88 of the Act shall, where the application is to
harvest logs for commercial use from forest clearing operations for
agricultural or other land use development (except roadline clearance), be in
Form 160 of Schedule 1 and shall have attached to such application the
following documentation:—
(a) a verification of ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase
Agreement between the applicant and the customary owners which relates to the
purchase, harvesting, processing or marketing of timber and other forest
products from the project area and shall be in Form 166 of Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
165. Timber authority to harvest other forest
products.
A timber authority under Section 87 of
the Act and which is for the harvesting of other forest products other than
plantation material shall be in Form 161 of Schedule 1 and shall be subject to
all of the conditions as set out in that Form.
166. Application for timber authority to harvest other
forest products.
(1) An application for a timber
authority under Section 88 of the Act, where the application is to harvest
forest products other than timber, shall be in Form 162 of Schedule 1 and shall
have attached to such application the following documentation:—
(a) a verification of ownership and
consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase
Agreement between the applicant and the customary owners which relates to the
purchase, harvesting, processing or marketing of timber and other forest
products from the project area and shall be in Form 166 of Schedule 1;
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
167. Timber authority to harvest plantation material
on Government, State leasehold, private leasehold or private freehold lands.
A timber authority to harvest
plantation material on Government, State leasehold, private leasehold or
private freehold land under Section 87 of the Act shall be in Form 163 of
Schedule 1.
168. Application for timber authority to harvest
plantation material on Government, State leasehold, private leasehold or
private freehold land.
(1) An application for a timber
authority under Section 88 of the Act where the application is to harvest
plantation material on Government, State leasehold, private leasehold or
private freehold land shall be in Form 164 of Schedule 1 and shall have
attached to such application documentary evidence to satisfaction of the
Managing Director of—
(a) the legal ownership of the
plantation land and of the plantation material and the consent of the legal
owners of the plantation and of the owners of the plantation material where
applicable; and
(b) where appropriate and to the
satisfaction of the Managing Director, a copy of a Sale and Purchase Agreement
between the applicant and the owner of the plantation material which relates to
the purchase, harvesting, processing or marketing of plantation material from
the project area; and
(c) contain those particulars as set
out in Section 88(c) of the Act.
(2) The fee payable on an
application for a timber authority under this Regulation shall be as specified
in Schedule 3.
169. Managing Director's notice to applicant for
timber authority.
Where an application for a timber
authority does or does not contain the particulars as required under Section 88
of the Act and those particulars as specified in the relevant form then the
Managing Director shall by notice in writing in Form 167 of Schedule 1 advise
the applicant accordingly.
170. Managing Director's referral of timber authority
application to Provincial Forest Management Committee.
A referral of an application by the
Managing Director to the Provincial Forest Management Committee under Section
89(1) of the Act shall be in Form 168 of Schedule 1.
171. Rejection by a Provincial Forest Management
Committee of an application for a timber authority.
The rejection by a Provincial Forest
Management Committee of an application for a timber authority under Section
89(4) of the Act shall be in Form 169 of Schedule 1.
172. Recommendations of Provincial Forest Management
Committee on timber authority applications.
(1) A recommendation made under
Section 89(4) of the Act by a Provincial Forest Management Committee to the
Chairman of the Committee of the Provincial Executive Council responsible for
forestry functions shall be in Form 170 of Schedule 1.
(2) A recommendation shall have
attached to it a draft timber authority which has been approved by the
Provincial Forest Management Committee.
(3) A copy of the recommendation
shall be forwarded to the Board and the Managing Director.
173. Notice of Intention to Board to grant a timber
authority.
(1) A Notice of Intention to issue
a timber authority over a project area and requesting consent of the Board to
issue a timber authority and made under Section 89(5) of the Act by the
Chairman of the Committee of the Provincial Executive Council responsible for
forestry functions shall be in Form 171 of Schedule 1.
(2) A copy of the proposed timber
authority shall be attached to the Notice of Intention.
174. Consent or Non-consent of Board to the grant of a
timber authority.
The Board's consent or non-consent
under Section 89 of the Act to a grant of a timber authority by the Chairman of
the Committee of the Provincial Executive Council responsible for forestry
matters shall be in Form 172 of Schedule 1.
175. Cancellation of a timber authority.
A cancellation of a timber authority
made under Section 90 of the Act by the Chairman of the Committee of the
Provincial Executive Council responsible for forestry functions shall be in
Form 173 of Schedule 1.
176. Notice of Intention to cancel a timber authority.
A Notice of intention by the Chairman
of the Committee of the Provincial Executive Council responsible for forestry
functions to cancel a timber authority shall be in Form 174 of Schedule 1.
177. Licence.
A licence to engage in forest industry
activities under Section 91 of the Act shall be in Form 175 of Schedule 1.
178. Return by Managing Director of an application for
a Licence.
A return by the Managing Director of an
application for a Licence under Section 91(1) of the Act shall be in Form 176
of Schedule 1.
179. Application for a Licence.
(1) An application for a licence
under Section 92 of the Act shall—
(a) be in Form 177 of Schedule 1; and
(b) contain the information and
particulars as required by Section 92 of the Act and those particulars as are
specified in Form 177 of Schedule 1 and the particulars set out in Subsection
(2).
(2) The particulars referred to
Subsection (1)(b) are as follows:—
(a) the proposed felling and logging
methods of forest produce;
(b) the proposed methods and
arrangements in relation to the transportation of forest produce (if
applicable);
(c) the proposed methods and
arrangements in relation to the sale and/or purchase of forest produce (if
applicable);
(d) the proposed methods and
arrangements in relation to the marketing of forest produce (if applicable);
(e) the proposed methods and arrangements
in relation to the processing of forest produce (if applicable);
(f) the proposed methods and
arrangements in relation to the grading of forest produce (if applicable);
(g) the proposed consulting activities
to be undertaken;
(h) any other proposed activities
other than those activities specified in subsection (a), (b), (c), (d), (e),
(f) and (g);
(i) the proposed forest harvesting
methods if applicable;
(j) details of employment potential in
relation to the licence;
(k) detailed financial analysis in
relation to the licence activities including projected revenue flows, cost
flows, particulars of debt servicing and rates of return;
(l) covenant and undertaking of the
applicant to comply with contemporary environmental control standards and the
Authority's Manuals titled "Planning, Monitoring and Control Procedures
for Natural Forest Logging Operations under a timber permit", "The
Papua New Guinea Logging Code of Practice" and "Procedures for
Exporting Logs" (or any revisions thereof);
(m) detailed description and
independent valuation of the applicants proposals for landowner benefits (if
applicable);
(n) name of proposed contractor;
(o) a copy of certificate of
registration as a forest industry participant;
(p) supporting documentation from the
applicants Bankers, financiers or others confirming the ability of the
applicant to undertake the proposed activities;
(q) the name, postal address, address
for service in Papua New Guinea of legal process, telephone number and
facsimile number of the applicant;
(r) where the applicant is a corporate
person—
(i) the shareholding structure
including shareholding structure of any incorporated shareholders; and
(ii) the name, office or position
held in the company, nationality, place of residence, details of formal
qualifications, relevant work experience of, and other current or prior offices
held by, each director, office-bearer or senior management executive; and
(iii) the applicants experience in
proposals of a similar nature;
(s) the name, address, telephone and
facsimile number of the applicant's bankers;
(t) any permit, licence or timber
authority presently applied for or held by the applicant;
(u) audited financial statements for
the year ending 31 December previously;
(v) a copy of the applicants
Investment Promotion Authority certificate (if applicable).
(3) The Authority may in additions
to the above information and in its discretion, require the applicant to
provide further or additional information.
(4) The fee payable on an
application for a licence shall be as specified in Schedule 3.
180. Return of application for a licence.
If an application for a licence is not
completed or further or additional information is required by the Managing
Director before it is referred to the Authority the Managing Director shall
return the application to the applicant by using Form 178.
181. Referral to Board for consideration of
application for a licence.
A referral by the Managing Director
under Section 93(1) of an application for a licence shall be in Form 179 of
Schedule 1.
182. Board Determination to seek assistance from the
National Forest Service or any relevant Department in evaluating an application
for the issue of a licence.
A Board's determination to seek
assistance from the National Forest Service or any relevant Department in
evaluating an application for the issue of a licence under Section 93(3) of the
Act shall be in Form 180 of Schedule 1.
183. Rejection by Board of an application for a
licence.
A Board determination to reject an
application for a licence made under Section 92 of the Act shall be in Form 181
of Schedule 1.
184. Cancellation of licence.
A cancellation by the Minister of a
licence under Section 97 of the Act shall be in Form 182 of Schedule 1.
185. Notice of intention to cancel licence.
A notice of an intention to cancel a
licence under Section 97(3) of the Act shall be in Form 183 of Schedule 1.
186. Representations to Managing Director from holder
of a licence.
Representations by the holder of a
licence under Section 97(3)(b) of the Act shall be in Form 184 of Schedule 1.
187. Request by holder of a licence to be heard on
proposed cancellation of a licence.
A request by the holder of a licence under
Section 97(4) of the Act to the Board shall be in Form 185 of Schedule 1.
188. Report of hearing to Board on proposed
cancellation of a licence.
A report to the Board of a hearing
under Section 97(4) of the Act shall be in Form 186 of Schedule 1.
189. Recommendations by Board to Minister on proposed
cancellation of a licence.
Recommendations by the Board to the
Minister under Section 97(7)(b) shall be in Form 187 of Schedule 1.
190. Managing Director's Report to Board where there
has been no representation made or hearing requested in respect of a proposed
cancellation of a licence.
A report by the Managing Director to
the Board where there has been no representations made or hearing requested in
respect of a proposed cancellation of a licence shall be in Form 188 of
Schedule 1.
191. Board's advice to Minister to cancel a licence.
The Board's advice to the Minister
where he is required to cancel a licence under Section 97(5) of Act shall be in
Form 189 of Schedule 1.
192. Extension of term of licence.
An extension of term of a licence to
engage in forestry industry activities under Section 95 of the Act shall be in
Form 190 of Schedule 1.
193. Application for an extension of a licence.
(1) An application for an extension
of a licence under Section 95 of the Act shall be in Form 191 of Schedule 1 and
shall be lodged with the Managing Director not less than 60 days before the
expiration of the applicant's current licence.
(2) The Managing Director shall
submit an application lodged under Subsection (1) to the Board together with a
report on the performance of the licensee in carrying out the activities
authorized by the licence.
(3) The Board shall consider an
application submitted to it at its first meeting after it is received and where
it is satisfied with the performance of the applicant, shall recommend to the
Minister that an extension be granted and the Minister may grant the extension.
(4) Where an application for
extension is made more than 60 days in advance of the expiration of the licence
and the licensee is not notified of the outcome of the application before the
expiration of the licence, the licence shall be deemed to be extended until
such notification is made.
(5) Where the Board is not
satisfied with the performance of a licence it may—
(a) offer the applicant an opportunity
of providing a written explanation of any alleged breach of the licence
conditions; and
(b) after considering any explanation
provided under Paragraph (a), reject the application by notice in writing to
the applicant or recommend its extension.
(6) Where an Incorporated Land
Group or other party to a Forest Management Agreement gives written notice to
the Managing Director of an alleged breach of the conditions of a licence in
respect of activities within the area covered by the Agreement, the Managing
Director shall cause an investigation to be made of the allegation and shall
submit a report of the investigation to the Board.
(7) The fee for an application for an
extension of a licence shall be as specified in Schedule 3.
194. Return by Managing Director of an application for
extension of Term of a licence.
A rejection by the Managing Director of
an application for an extension of term of a licence under Section 95(1) of the
Act shall be in Form 192 of Schedule 1.
195. Rejection of an application by the Board for an
extension of term of a licence.
A rejection of an application by the
Board for an extension of term of a licence under Section 95(2) of the Act
shall be in Form 193 of Schedule 1.
[cclii]196. Performance Bond.
(1) In this section—
"holder" means the holder of
a timber authority, timber permit, licence, forest clearing authority,
authority to carry out large scale agriculture or other land use development
and authority to carry out large scale roadline development.
(2) A performance bond required to
be lodged under Section 98 of the Act by a holder shall be in Form 194 of
Schedule 1 or substantially in that form.
197. Procedure for drawing on a Performance Bond.
(1) The procedures for drawing on a
bond are as follows:—
(a) before the Authority draws on a
performance bond, the Managing Director or his delegate shall serve a notice on
the holder in Form 196 of Schedule 1—
(i) specifying the alleged
non-performance; and
(ii) allowing the holder at least
14 days after the date of serving the notice to—
(A) remedy the non-performance; or
(B) provide a written explanation
or denial of the alleged non-performance;
(b) upon expiration of the notice
period the Managing Director may—
(i) arrange for the Authority to
draw on the bond in accordance with the prescribed scale of deductions; or
(ii) if satisfied with the
explanation provided by the holder, determine that the Authority will not draw
on the bond subject to the holder taking such remedial action, if any, as he
directs; or
(iii) if he is of the opinion that
the holder is not in breach or that it has taken satisfactory remedial action,
determine that the authority will not draw on the bond,
and in all cases shall notify the
holder in writing of his decision by a Notice in Form 197 of Schedule 1;
(c) upon termination of the timber
permit, timber authority or licence in respect of which the bond was lodged,
the Managing Director shall arrange for delivery to the bank of an
authorization in Form 198 of Schedule 1, under seal of the Authority, to
release the balance of bond money (if any), after the Authority has drawn any
money due to it and the Authority shall be permitted to delay giving such
authorization until it has had a reasonable opportunity to assess whether the
holder has committed any breaches;
(d) prior to the delivery of
authorization under Paragraph (c) no bond moneys shall be released to the
holder by the Bank;
(e) bond moneys shall be deposited in
a separate bank account maintained solely for that purpose and any moneys
deposited with the bank pursuant to Section 98(3) of the Act shall be paid into
that account and any interest earned on funds within the account shall not form
part of the bond moneys;
(f) where the Authority has drawn on
the performance bond of any holder, such holder shall, within 30 days of the
date of the notification by the Authority of the drawdown by the Authority,
replenish the bond as prescribed by Section 98(3) of the Act and if the holder
does not provide evidence to the Managing Director that the amount in the
performance bond account has been restored in full the Managing Director may,
at the expiration of the 14 days, suspend the timber permit, timber authority
or licence under Section 85 of the Act.
(g) a notification to the holder of a
timber permit, timber authority or licence under Section 98(3) of the Act shall
be in Form 199 of Schedule 1.
198. Prescribed scale of deductions for breaches of
conditions of timber permits, etc.
The prescribed scale of the deductions
for breaches of conditions or requirements of a timber permit, timber authority
or licence for breaches of conditions or requirements shall be specified in the
terms and conditions of the permit, authority or licence as the case may and
the breaches and the scale of deductions for such said breaches shall be as
specified in Schedule 2.
199. Project statement.
(1) A project statement as required
under Section 100 of the Act shall be in Form 200 of Schedule 1 and shall
contain the following details:—
(a) permit holders' company profile
including details of all senior personnel employed;
(b) permit holders' experience in the
carrying out of similar projects;
(c) permit holders proposed method or
methods and mode of operations in the harvesting, processing and sale of forest
produce in the project;
(d) permit holders proposed method of
project management;
(e) permit holders objectives and
strategies in respect to the project for each successive five year periods
during the term of the timber permit;
(f) such other detail as are
determined by the Board from time to time.
(2) The fee payable on the
submission of a project statement shall be as specified in Schedule 3.
200. Five year working plans.
(1) A five year working plan as
required under Section 101 of the Act shall be in Form 201 of Schedule 1 and
shall contain the following details:—
(a) a map of the entire project area
at a scale of 1:50,000 (blow-ups of the standard PNG 1:100,000 topographic map
series are acceptable) showing—
(i) areas already logged (if any)
and year of logging; and
(ii) areas to be logged during the
next five years. The area shown must be the gross loggable area, i.e. excluding
major areas where logging may not take place (e.g. conservation areas, swamps,
areas exceeding 30 degrees slope, extensive village/garden areas), and areas of
unmerchantable forest where logging is not planned, but note smaller scale
exclusion areas to be delineated at the operational or set-up planning stage
(e.g. buffer zones, small cultural sites); and
(iii) permanent forest roads and
bridges to be constructed during the five years; and
(iv) the location of any log ponds
to be constructed during the five years. Planners preparing a Five Year Plan
should note take specific approval to establish a new log pond must be obtained
before any construction commences; and
(v) the location of any new logging
base camps to be constructed during the five years. Planners preparing a Five
Year Plan should note that specific approval to establish a new logging base
camp must be obtained before any construction commences; and
(vi) the location of the volumetric
survey lines or plots;
(b) a Schedule showing the planned
order of logging, including estimates of net loggable areas, and net
harvestable volumes (including species distribution) for each year's area of
operations. The estimate of net harvestable volume must be based at minimum on
a 1% sample of the gross loggable area (as would be provided for example by
parallel survey lines consisting of continuous line plots 5m wide at 500m
intervals). For new projects a 1% sample will have already been assessed as
part of the Feasibility Study. For existing projects a minimum 1% volumetric
survey must be undertaken. The details of net harvestable volumes presented
must be based on actual inventory of the areas to be logged, and not on
historical data from previously logged areas;
(c) a schedule detailing all landowner
benefits which are to be delivered during the five year period, plus a delivery
schedule;
(d) five bound copies of the plan shall
be attached to Form 201 of Schedule 1;
(e) such other detail as are
determined by the Board from time to time.
(2) The fee payable on the
submission of a five year working plan shall be as specified in Schedule 3.
201. Annual logging plan.
(1) An annual logging plan as
required under Section 102 of the Act shall be in Form 202 of Schedule 1 and
shall contain the following details:—
(a) an endorsement letter signed by
the Authority's field based Project Supervisor;
(b) a map at a scale of 1:25,000
(blow-up of the standard PNG 1:100,000 topographic map series are acceptable)
clearly showing—
(i) the areas to be logged during
the next 12 months split into set-ups of a maximum of 150 hectares each. Set-up
boundaries must reflect natural features (where these exist), especially water
courses. Areas with no identifiable natural features may be split upon a grid
basis and where natural features exist with no reference to the field, the map
will not be accepted. Set-ups must be numbered; and
(ii) areas not to be logged e.g.
conservation areas, low merchantable volume areas, village reserves, cultural
and historic sites; and
(iii) the existing road network,
and any existing permanent roads to be decommissioned during the year; and
(iv) any new permanent forest roads
and bridges to be constructed during the year. Typically permanent roads are
constructed up to 12 months ahead of logging. The map must show all permanent
roads to be constructed during the year, including those roads which will not
be used until the following year. Road corridors to be cleared for permanent
forest road construction must be split into one or more set-ups, and numbered;
and
(v) log volume production and use
i.e. exported, converted to wood products (sawn timber, plywood, chips,
other—including processed product output volumes), changes in stocks; and
(vi) new construction undertaken
(forest roads, log ponds, logging base camps, and landowner infrastructure);
and
(vii) existing construction which
has been decommissioned (forest roads, log ponds and logging base camps); and
(viii) a list of the set-ups form the
previous year's Annual Logging Plan for which no application for a Set-up Plan
approval was made, and which have been renumbered and included in the current
year's Annual Logging Plan; and
(ix) infrastructure and other
landowner benefits delivered during the year; and
(x) the location of any gravel
sources to be exploited during the year; and
(xi) existing log ponds, and the
location of any new log ponds to be constructed during the year. Planners
preparing an Annual Logging Plan should note that specific Authority's approval
to establish a new log pond must be obtained before any construction commences;
and
(xii) existing logging base camps,
and the location of any new logging base camps to be constructed during the year.
Planners preparing an Annual Logging Plan should note that specific Authority's
approval to establish a new logging base camp must be obtained before any
construction commences;
(c) a schedule showing the planned
order of logging the set-ups (including both selection logging set-ups and
permanent roading set-ups), including set-up number, and for each set-up an
estimate of the net loggable area, and an estimate of the harvestable volume
(including species distribution). The estimate of net harvestable volume may be
based on the 1% sample of the loggable area already presented in the Five Year
Plan;
(d) a schedule detailing road and water
crossing standards for the permanent forest roads to be constructed during the
year;
(e) a schedule setting out the
equipment (types and numbers) and logging methods to be used during the 12
months period;
(f) a schedule detailing all landowner
benefits which are to be delivered during the year. For infrastructure the
Schedule must indicate construction start-up time, estimated completion time,
construction standards, an estimate of total costs, and an indicative
infrastructure maintenance plan (including responsibility and cost estimates);
(g) a report on the implementation of
the previous year's Annual Logging Plan, comparing plan with actual
performance, and summarising;
(h) five bound copies of the plan
shall be attached to Form 202 of Schedule 1;
(i) such other detail as are
determined by the Board from time to time.
(2) Before logging commences in
each harvest area the holder of a timber permit shall apply in writing to a
Forest Officer or Forest Inspector for a harvest authorization.
(3) Before a harvest authorization
is granted for a particular area the holder of the timber permit shall, in
accordance with directions issued from time to time by the Managing Director—
(a) conduct and submit the results of
an inventory as directed by the Managing Director from time to time; and
(b) produce a detailed map of the area
showing the location of proposed logging roads and skid trails and areas where
logging is not to occur for environmental and cultural reasons; and
(c) specify any site-specific measures
to avoid or mitigate environmental damage; and
(d) comply with such general directions
as from time to time, are given by the Managing Director.
(4) A holder of a timber permit
shall notify the Authority upon completion of logging, forest management and
related work carried out by him in accordance with any standards and directions
set by the Managing Director from time to time.
(5) As soon as practicable after
notification under Subsection (4) is received by the Authority, a Forest
Officer or Forest Inspector shall—
(a) carry out an inspection of the
work as prescribed; and
(b) if work has been carried out in
compliance with the standards and directions required, issue a certificate in
Form 203 of Schedule 1 to that effect in accordance with Section 102(3) of the
Act; and
(c) if work has not been carried out
in compliance with the standards and directions required, issue a Notice of
Unsatisfactory Completion of Work in Form 204 of Schedule 1.
(6) Harvest authorization to
commence logging in successive harvest areas designated in an annual logging
plan may be granted subject to and conditional upon the holder of the timber
permit obtaining a certificate under Section 102(3) of the Act in respect of a
previous harvest authorization.
(7) Commencement of logging in an
area without a harvest authorization shall constitute an offence and a breach
of the offender's timber permit, timber authority or licence.
(8) The fee payable on submission
of an Annual Logging Plan shall be as specified in Schedule 3.
202. Failure to lodge satisfactory statements and
plans.
Where the holder of a timber permit
fails to lodge a project statement, 5 year working plan or annual logging plan
and have same approved by the Board before the expiration of the preceding
statement or plan, the timber permit may be suspended in accordance with
Section 85 of the Act or cancelled in accordance with Section 86 of the Act
until such time as the outstanding statement or plan is approved and compliance
with approved statements and plans is deemed to be a condition of a timber
permit.
203. Preservation requirements.
The requirement for preservation of
forest produce as required by Section 117 of the Act shall be those as set out
in the National Standards Council of Papua New Guinea Standard 1293-1989 for
Preservation specification for sawn and round timber.
204. Log identification scaling methods and reporting
and royalty self-assessment.
(1) In respect of a timber permit,
timber authority or licence the following provisions shall apply:—
(a) the Forest Authority's
"Manual of Procedures for the Identification Scaling and reporting
(including royalty self assessment) on Logs harvested from Natural Forest
Logging Operations" (or any revisions thereof) shall form part of the
Regulations;
(b) only licensed log scalers may
measure and identify logs;
(c) it shall be an offence if any
person identifies or measures logs otherwise than in accordance with the
Regulations or makes a false statement in any scaling statement or declaration;
Penalty: A fine not exceeding
K50,000.00.
(d) log tags will be supplied by the
Authority, or on behalf of the Authority by an agent on making application in
Form 232 of Schedule 1 and on payment of the fee as determined from time to
time by the Managing Director;
(e) the Authority may from time to
time specify different methods of identification, measurement and branding for
different categories of timber and specify different procedures relating
thereto.
205. Licensing of Log Scalers.
(1) The Managing Director shall
appoint an officer of the National Forest Service to be the Authority's Chief
Log Scaler.
(2) A—
(a) person shall not work as a log
scaler; and
(b) logging operator shall not employ a
person as a log scaler, unless that person—
(i) has been awarded a log scaling
certificate by the Timber Industry Training College; and
(ii) is licensed in accordance with
this Regulation.
Penalty: A fine not exceeding
K200.00.
(3) A Log Scaler's Licence shall be
Form 205 of Schedule 1 and shall be issued for a period of two years by the
Chief Scaler, who shall maintain a register of log scalers.
(4) A log scaler who has been
licensed shall be provided with an identity card by the Chief Scaler and shall,
whilst carrying out scaling activities, carry the identity card on his person
and produce it on demand to a Forest Officer or Inspector.
(5) Any person, whether
self-employed, employed by the holder of a timber permit or timber authority or
by a logging company may apply for a Log Scaler's Licence to the Chief Scaler
enclosing—
(i) an application which shall be in
Form 206 of Schedule 1; and
(ii) a copy of the applicant's log
scaling certificate awarded by the Timber Industry Training College; and
(iii) two passport size photographs,
one of which will be attached to the licence; and
(iv) a cash performance bond of K500.00
which, subject to Subsection (5), is refundable when the licence lapses; and
(v) a two year licence fee as
specified in Schedule 3.
(6) The cash performance bond
lodged under Subsection (5)(iv) shall be—
(a) forfeited to the Authority in the
event of cancellation by the Chief Log Scaler on the grounds of failure by the
Log Scaler to comply with the Regulations relating to log scaling; and
(b) otherwise, be repaid to the person
lodging the bond on the expiry or cancellation of the Log Scaler's Licence.
(7) A licensed log scaler shall
ensure that his licence is renewed as required and where a licensed log scaler
intends to cease practising before his current licence expires he may apply to
the Chief Log Scaler for his licence to be cancelled and his performance bond to
be returned.
206. Notice of intention to cancel scaler's licence.
A notice of intention by the Chief Log
Scaler to cancel a scaler's licence shall be Form 207 of Schedule 1.
207. Cancellation of log scaler's licence.
Cancellation of a log scaler's licence
shall be in Form 208 of Schedule 1
208. Registration of a forest industry participant.
A certificate of registration of a
forest industry participant shall be in Form 209 of Schedule 1.
209. Application for registration as a forest industry
participant.
(1) An application for registration
as a forest industry participant shall be in Form 210 of Schedule 1.
(2) An application under Subsection
(1) shall contain particulars of—
(a) the name, postal address, address
for service in Papua New Guinea of legal process, telephone number and
facsimile number of the applicant; and
(b) where the applicant is a corporate
person—
(i) the shareholding structure;
and
(ii) the name, office or position
held in the company, nationality, place of residence, details of formal
qualifications, relevant work experience of, and other current or prior offices
held by, each director, office-bearer or senior management executive; and
(c) the name, address, telephone and
facsimile number of the applicant's bankers; and
(d) the proposed activities; and
(e) any permit, licence or timber
authority granted under the repealed Acts; and
(f) any agreement under the repealed
Acts to which the applicant was a party; and
(g) such other information as required
by Form 210.
(3) An application under Subsection
(1) shall be accompanied by—
(a) where the applicant is a corporate
person—
(i) a copy of the certificate of
incorporation; and
(ii) the shareholding structure of
any incorporated shareholders; and
(b) a summary of proposed forest
industry activities; and
(c) financial statements for the three
years immediately prior to the date of application; and
(d) The application fee as specified in
Schedule 3.
(4) The fee payable on an
application for registration as a forest industry participant.
210. Registration of a forest industry consultant.
A certificate of registration of a
forest industry consultant shall be in Form 211 of Schedule 1.
211. Application for registration as a consultant.
(1) An application for registration
as a consultant shall be in Form 212 of Schedule 1.
(2) An application under Subsection
(1) shall contain particulars of—
(a) the name, type of entity, postal
address, address for service in Papua New Guinea of legal process, telephone
number and facsimile number of the applicant; and
(b) where the applicant is a corporate
person—
(i) the shareholding structure;
and
(ii) the name, office or position
held in the company, nationality, place of residence, details of formal
qualifications, relevant work experience and other current or prior offices
held by each director, office-bearer or senior management executive; and
(c) the type of expertise offered; and
(d) the proposed consultancy
activities; and
(e) such other information as is
required by Form 212.
(3) An application under Subsection
(1) shall be accompanied by—
(a) a resume of qualifications and
work experience of the applicant and of consultants employed by the applicant;
and
(b) where the applicant is a corporate
person—
(i) a copy of the certificate of
incorporation; and
(ii) the shareholding structure of
any incorporated shareholders; and
(c) the application fee as specified
in Schedule 3.
(4) The fee payable on an
application for registration as a forest industry consultant shall be as specified
in Schedule 3.
212. Return by the Managing Director of an application
for registration as a forest industry participant or consultant.
A return by the Managing Director of an
application for registration as a forest industry participant or consultant
under Section 107 or 108 of the Act shall be in Form 213 of Schedule 1.
213. Notification of change of particulars.
(1) A registered forest industry
participant or registered consultant shall, within 28 days of a change of any
of the particulars submitted with his application for registration as a forest
industry participant or consultant give written notification to the Managing
Director in Form 214 of Schedule 1 of the particulars of such change.
(2) The Managing Director may on
receipt of a Notification of Change of particular request such further or
additional information as he thinks fit.
(3) Where the Notification
particulars are of such a nature that there is a change in ownership, share
holding or beneficial ownership or control and such change is—
(a) more than 10% in any one year; or
(b) represents a change of more than
25% in the ownership of the forest industry participant or consultant
enterprise (except where the registered forest industry participant or
consultant is a subsidiary of a holding company and the ownership of the
holding company does not change and the registered forest industry participant
enterprise remains a subsidiary of that holding company) as from the date of
registration under the Act then such change may be deemed sufficient grounds to
justify cancellation of registration and the Board may require the registered
forest industry participant or consultant to make a new application for
registration as a forest industry participant or consultant.
(4) In Subsection (3)
"subsidiary" and "holding company" have the same meanings
as defined in the Companies Act 1997.
(5) Nothing in this Section
restricts the Managing Director from exercising the power contained in Section
112 of the Act.
(6) A person, who fails to comply
with the provisions of Subsection (1), is guilty of an offence.
Penalty: A fine not exceeding
K10,000.00.
(7) The fee payable on a
notification of change of particulars shall be as specified in Schedule 3.
214. Notification of intention to make referrals to
the Board for cancellation of registration.
A notification of intention to make
referral to the Board under Section 112 of the Act shall be in Form 215 of
Schedule 1.
215. Referrals to the Board for consideration of
cancellation of registration.
A referral for consideration of
cancellation of registration under Section 112 of the Act shall be in Form 216
of Schedule 1.
216. Notice of Board Directions.
A notice of Board Directions under
Section 112 of the Act shall be in Form 217 of Schedule 1.
217. Appeal to Minister on registration, etc.
(1) An appeal to the Minister under
Section 113 of the Act shall be in Form 218 of Schedule 1.
(2) The fee payable on an appeal to
the Minister shall be as specified in Schedule 3.
218. Minister's decision on appeal.
A decision of the Minister under
Section 113 of the Act shall be in Form 219 of Schedule 1.
219. Exemption.
(1) An officer or employee of the
National Forest Service does not require to be registered as a consultant in
respect of work undertaken by him in the course of his employment as such
officer or employee.
(2) A person engaged in an aid
project approved by the Government of Papua New Guinea does not require to be
registered as a consultant in respect of work undertaken by him in connection
with such aid project.
220. State purchase option.
(1) A form of Notice under Section
115(2) of the Act shall be in Form 220 of Schedule 1.
(2) The procedure to be followed in
accordance with Section 115(4) of the Act are as follows:—
(i) on the first day of the third
month of each quarter of each permit year the permit holder shall, in writing,
offer to sell, in relation to logs in proportions approximately representative
of the mix species of logs to be harvested that permit year, at least
one-sixteenth (1/16) of that permit year's permitted log export volume to the
State or its nominee for delivery within a period of one month from the end of
that quarter on dates to be agreed upon and on payment terms substantially
consistent with those in effect with respect to the permit holder's other
customers;
(ii) the offer will include details of
the size and grade of each log, by species, with prices differentiated by size,
grade, and species and shall be in that form and contain such other particulars
as determined form time to time by the State Marketing Agency;
(iii) the offer or part thereof will be
accepted or rejected in writing by the State or its nominee within ten working
days of its receipt;
(iv) if an offer is accepted the State
shall deliver to the holder of the timber permit a Notice of Proposal to
exercise option in Form 220 of Schedule 1;
(v) if and to the extent that the
State or its nominee rejects the offer with respect to any quarter, it will
forego the right to purchase that amount of logs for that quarter under this
Section;
(vi) if the State rejects or fails to
respond to the aforesaid offer within the ten working days provided, the permit
holder shall not sell the logs or any part thereof to any other party at lesser
prices or on terms more favourable to the buyer than those offered to the State
or its nominee without first re-offering the logs to the State or its nominee
at such lesser price or such more favourable terms, whereupon, as before, the
State shall, within ten working days of the receipt of the offer, accept or
reject it;
(vii) the obligation to make offers
under Subsection 1 above will cease when the State or its nominee has acquired
twenty-five percent (25%) of the permit holder's permitted log export volume
for the relevant permit year;
(viii) logs purchased under this
Regulation will be on a free-on-board basis, and the price paid by the State or
its nominee shall be the price accepted pursuant to Subsection (3) less any
duty payable on the export of the said logs;
(ix) logs purchased by the State or its
nominee pursuant to this Regulation shall cause the permit holder's permitted
log export volume for that permit year to be reduced accordingly by the volume
of logs purchased by the State.
(x) the administrative operation of
this Regulation may be reviewed, and, if necessary, revised annually by the
State to ensure that it effectively enables the State to purchase up to 25% of
the permit holder's permitted annual log export volume;
(xi) the Managing Director shall have
authority on behalf of the State to exercise the rights conferred on the State
by this Regulation, and may appoint a nominee on behalf of the State to
exercise these rights.
221. Transfer pricing.
(1) For the purposes of this
Regulation and of Section 118 of the Act—
"arms length" means a
transaction where—
(a) the parties, in negotiating the
transaction, have sought to promote their own best interests in accordance with
fair and honest business methods; and
(b) there is no other consideration
for the provision of goods or services other than a monetary consideration,
being the price; and
(c) the terms of the transaction
have not been affected by, nor determined as a consequence of, any other
agreement, or proposed agreement, or understanding, or any direct or indirect
relationship (other than the relationship created by the transaction) between
one party, or a shareholder of that party, or a company in which that party or
a shareholder of the party; and a company in which that party is a shareholder;
and
(d) in the case of a sale, neither
the seller nor any person connected with it, through shareholding or otherwise,
has any direct or indirect interest in the subsequent resale or disposal by the
buyer of any of the products or services purchased pursuant to the agreement;
"transfer pricing" means the
pricing of inter-company loans, or transfer of goods or services such that—
(a) in respect of the Company
receiving the loans, goods or services, the interest or other monies paid or
payable by the Company for such loans, goods or services is higher than the
value received by the Company; and
(b) in respect of the Company is
providing the loans, goods or services, the interest or other moneys received
or receivable by the Company for such loans, goods or services is lower than
the value received by the other party;
"value received", in the case
of a transfer of goods and services, is the price which would have been
obtained on an arm's length transaction, and in the case of a loan, shall be
the interest and other moneys payable for a loan in the same amount for the
same period and on the same terms and conditions which a Company of similar
standing to the Company could, in seeking to promote its own best interest in
accordance with fair and honest business methods, have negotiated from a
lending institution of international repute.
(2) A person, who practices
transfer pricing, is guilty of an offence.
Penalty: A fine of twice the
"value received" as defined in Subsection (1) or K100,000.00,
whichever is the greater amount.
(3) For the purpose of enabling the
Authority to satisfy itself as to compliance by a Company with its obligations
under this section not to practise transfer pricing, the Company, on written
request by the Authority, shall promptly furnish the Authority with—
(a) full details of the parties to,
and the conditions of, any loans, transfers of goods or services to, or by, the
Company; and
(b) copies of all agreements,
documents, and correspondence in respect thereof; and
(c) full details of any other
agreements or undertakings entered into, or reached by, the Company, or a
shareholder of the Company or by a company in which the Company is a
shareholder.
222. Variation by the Minister of royalty payable
under a timber permit.
A variation by the Minister of the
royalty payable under a timber permit under Section 120 of the Act shall be in
Form 221 of Schedule 1.
223. Levies.
(1) A levy or levies fixed under
Section 121 of the Act shall be payable by the holder of a timber permit,
timber authority or licence (as the case may be) at the time or times specified
in and to the person specified in the notice in the National Gazette fixing the
levy.
(2) The holder of a timber permit,
timber authority or licence, who fails to pay a levy fixed under Section 121 of
the Act at the time and to the person specified in the notice referred to in
Subsection (1), is guilty of an offence.
Penalty: A fine up to but not
exceeding K500,000.00.
Default Penalty: A fine not
exceeding K500,000.00.
(3) The method of payment and
collection of levies shall be as follows:—
(a) the Managing Director or his
regional representative shall prepare and deliver a Notice of assessment of
levy and forward it by post or otherwise to the holder of a timber permit,
timber authority or licence as the case may be and the holder of such timber
permit, timber authority or licence must pay the amount assessed, clear of all
deductions, within 14 days after the date specified in the assessment and such
payment shall be by bank cheque.
Penalty: A fine not exceeding
K1,000.00.
(b) without prejudice to any other
imposition, suspension or penalty that may be made or imposed under this
Regulation, any amount of levy that remains unpaid after the expiration of the
period specified in Subsection (3)(a) may be recovered by the Authority as a
debt and in addition thereto the holder of a timber permit, timber authority or
licence as the case may be shall not be permitted to export any forest produce
while levies or any part thereof remain unpaid.
(4) A notice of a levy under
Section 121 shall be in Form 222 of Schedule 1.
224. Lawful direction.
A lawful direction under Section 122 of
the Act shall be in Form 223 of Schedule 1.
225. Notice of seizure.
Notice of seizure of timber or forest
produce or other property pursuant to Section 214 of the Act shall be in Form
224 of Schedule 1.
226. Act of seizure.
(1) A Forest Inspector or Forest
Officer shall have a hammer brand with a distinguishing number or figure on one
face of a type which the Managing Director may approve from time to time.
(2) The face referred to in
Subsection 1 shall be used for marking any timber or forest produce seized
under the Act.
227. Notice of forfeiture.
Notice of forfeiture under Section 124
of the Act shall be in Form 225 of Schedule 1.
228. Declaration banning export etc.
A declaration banning or restricting
export of a species or class of timber under Section 134 of the Act shall be in
Form 226 of Schedule 1.
229. Registration of brand.
Registration of a brand shall be in
Form 227 of Schedule 1.
230. Application to register in the Authority a brand.
An application to register in the
Authority a brand under Section 135(1)(2)(b) of the Act shall be in Form 228 of
Schedule 1.
231. Safety.
(1) A tramway truck or vehicle used
for the transport of forest produce shall—
(a) be strongly and properly made; and
(b) be provided with proper and
efficient brake-gear for regulating and controlling its speed and running
power.
(2) A tramway and every part of a
tramway shall be kept and maintained in good order and repair for the purpose
of transporting forest produce and any other freight that is authorized, and
for the safety of persons and animals carried or employed on and such said
forest produce shall at all times be properly secured.
(3) A Forest Inspector or Forest
Officer may—
(a) suspend the working of a tramway,
or the use and employment of any locomotive, mill-truck, winch, cable, or
hauling machinery, that he regards as unsafe or not in proper repair; and
(b) notify the holder of the timber
permit or his agent accordingly and direct such repair or renewals as he thinks
proper, and the holder of the timber permit shall comply immediately with the
notice and without delay effect the repairs or renewals directed to the
satisfaction of a Forest Inspector or Forest Officer.
Penalty: A fine not exceeding
K1,000.00.
232. Access rights.
(1) Where it is, in the opinion of
a Forest Inspector or a Forest Officer, necessary, and subject to charges
having been paid as provided for in Subsection (2) hereof, a holder of a timber
permit shall at all reasonable times afford to other holders of timber permits
and to licensees facilities for the carriage of forest produce over tramways,
roads, waterways and airways owned or operated by him.
Penalty: A fine not exceeding
K1,000.00.
(2) All charges by the holder of a
timber permit for the carriage of forest produce or running rights over the
tramway shall be on a reasonable scale and are subject to the approval of the
Managing Director.
233. Ship Loading Authorization and suspension of Ship
Loading Authorization.
Authorization to load a ship with
timber or forest produce and a Notice of suspension of ship loading shall be in
such Forms as are provided for in the Authority's Manual titled
"Procedures for Exporting Logs" (or any revision thereof made from
time to time.
234. Log exports.
(1) The procedures and requirements
which shall be followed in an application under Section 134 of the Act to
export logs shall be those procedures and requirements as contained in the
Authority's Manual titled "Procedures for Exporting Logs" (or any
revisions thereof).
(2) A person, who fails to comply
with the provisions of this Regulation is guilty of an offence.
Penalty: A fine not exceeding
K50,000.00.
(3) A person, who makes a false
statement in any return or other document furnished to the National Forest
Service, the Authority or the Minister in connection with an application to
export timber, is guilty of an offence.
Penalty: A fine not exceeding
K50,000.00.
235. Role and recognition of bodies representing
customary owners.
(1) Subject to Subsection (3), the
customary owners in relation to an area of land covered by a timber permit (in
this section referred to as the "project area") shall appoint or
establish, and nominate for recognition by the Managing Director, a corporate
body or Local-Level Government to represent them.
(2) Subject to Subsection (3),
where the Managing Director is of the opinion that a body nominated under Subsection
(1) satisfactorily represents in accordance with this section the customary
owners in the project area, he shall recognise the body for such purpose, and
notify the body accordingly.
(3) Where the Managing Director, in
consultation with the Provincial Forest Management Committee, is satisfied
that—
(a) due to the special circumstances
of the customary owners from a project area, it is impracticable for all such
customary owners to be represented by a single representative body; and
(b) it is in the best interests of the
customary owners from that project area that they appoint or establish more
than one representative body, the Managing Director may recognise more than one
body nominated by customary owners from a project area provided that—
(i) each such body shall represent
customary owners from a clearly defined area within the project area; and
(ii) the aggregate of such areas
shall make up the whole of the project area.
(4) Where the Managing Director
recognises more than one body in accordance with Subsection (3), he shall also
determine the arrangements under which payments shall be apportioned between
the bodies.
(5) The Managing Director may issue
Guidelines on the formation and structure of bodies which he will consider as
satisfactorily representing customary owners.
(6) A body recognised under this
section may expend and invest moneys received by it as it considers fit,
subject to—
(a) the articles, constitution or
rules governing or establishing the body; and
(b) any reasonable rules and procedures
regarding management of bank accounts which may be determined by the Board, for
the purpose of ensuring that payments are invested or expended for the
collective benefit of customary owners in the project area.
(7) Where the Board, on reasonable grounds,
is of the opinion that moneys have been expended or invested in breach of any
articles, constitution or rules and procedures determined by the Board under
Subsection (6), it may, by notice to the representative body and to the bank
where the account is held, suspend the operation of the account.
236. Cancellation of recognition.
(1) Where a body recognised in
accordance with Regulation 235 or any of its principals—
(a) fails to comply with any rules or
procedures determined by the Board in relation to bank accounts; or
(b) fails adequately to account for
funds in accordance with any procedures provided for under the law governing
its establishment or incorporation, the Managing Director may cancel its
recognition.
(2) For the purposes of Subsection (1),
"principal" includes director, manager, secretary, executive
committee member or public officer, or any other similar office or any person
purporting to act in such a capacity.
(3) On cancellation under
Subsection (1), the Managing Director may withhold moneys in trust.
237. Returns and records.
The holder of a timber permit, timber
authority or licence shall maintain such records and submit such returns in the
form and in the manner as set out in the Authority's manuals titled
"Procedures for the Identification, Scaling and Reporting (including
royalty self-assessment) on logs harvested from Natural Forest Logging
Operations" and "Procedures for Exporting Logs" (or any revision
thereof).
238. Destruction of forest produce.
A person, who fells, removes, damages,
or destroys any timber or merchantable forest produce on government land unless
authorized to do so under this Act or any other law or except as the
unavoidable result of carrying out an activity authorized under another law, is
guilty of an offence.
Penalty: A fine not exceeding
K100,000.00.
239. Registration of timber processing plant.
A certificate of registration of a
timber processing plant and of the registered operator of such plant shall be
in Form 229 of Schedule 1.
240. Application for registration of timber processing
plant.
(1) A person who proposes to
operate any plant for processing timber shall apply to the Managing Director
for registration of such plant as a timber processing plant and of himself as
an operator of such plant.
(2) The fee payable on submitting
an application shall be as specified in Schedule 3.
(3) An application under Subsection
(1) shall be in Form 230 of Schedule 1.
(4) An officer of the National
Forest Service may at any reasonable time inspect any plant used for processing
timber or which he believes is used for processing timber, whether or not such
plant is registered.
(5) The person responsible for the
operation of a registered plant shall, by 31 March in each year, submit to the
Managing Director an Annual Return for the preceding year setting out details
of the operations of the plant in a form and manner and containing such
particulars as are specified from time to time by the Managing Director.
(6) Any change in the operator of a
timber processing plant shall be notified within seven days to the Managing
Director.
(7) A person, who operates a timber
processing plant which is not registered under this section, is guilty of an
offence.
Penalty: A fine not exceeding
K10,000.00.
241. Logging and roading standards and practices.
A holder of a—
(a) timber permit; or
(b) timber authority, where that
authority was applied to harvest less than 5000m3
per year by selection logging from customary land; or
(c) licence,
shall ensure that forest roading and
logging and all other forestry activities of whatsoever nature is undertaken
according to the Authority's standards and practices as set out in the
Authority's Manuals titled "Papua New Guinea's Logging Code of
Practice", "Planning, Monitoring and Control Procedures for Natural
Forest Logging Operations, under a timber permit" and "Procedures for
Exporting Logs" (or any revisions thereof).
242. Board notice to vary terms or conditions of
Registration, Permit, Licence, Timber Rights Purchase Agreement, Authority or
Agreement.
A Board notice to vary terms or
conditions of registration, permit, licence, Timber Rights Purchase Agreement,
Authority or Agreement under Section 137 of the Act shall be in Form 231 of
Schedule 1.
243. Offences generally.
(1) A person, who contravenes or
fails to comply with any provision of this Regulation is guilty of an offence.
(2) A person, who attempts, aids,
abets, counsels, or procures, or is in any way knowingly concerned in an
offence against this Regulation, is deemed to have committed that offence.
(3) Where, by the authority of the
Act or this Regulation, a direction is given to a person and such direction is
not complied with, then that person is guilty of an offence.
(4) Where no other penalty is
expressly provided in respect of an offence a person guilty of that offence
against any provision of this Regulation shall be liable to a penalty by way of
a fine of—
(a) where the person is a natural
person—an amount not exceeding K1,000.00; or
(b) where the person is a body
corporate—an amount not exceeding K10,000.00.
(5) In addition to any penalty
under Subsection (4), a person guilty of an offence involving timber or other
forest produce shall—
(a) forfeit such timber or forest
produce to the owner, or in the case where the offender is the owner, to the
Authority; and
(b) be liable also to compensate the
Authority or owner of timber or other forest produce in respect of any loss or
damage caused in the commission of an offence.
(6) All timber and forest produce
harvested pursuant to a timber permit or timber authority on which any
royalties, levies or other charges are payable under the Act may be seized by
the Authority until the royalties, levies or other charges or paid, and if
payment is not made with 20 days of seizure, may be disposed of by the
Authority.
244. Fees.
Fees paid by or on behalf of a person
or company are non-refundable.
245. Maps, etc.
Upon application being made in Form 232
of Schedule 1 the Authority may provide log tags, copies of maps, publications
and other documents at a fee determined from time to time by the Managing
Director.
246. Forms.
(1) Except where the Managing
Director otherwise determines, forms prescribed by the Regulations shall be
printed on behalf of the Authority and shall be available upon application
being made in Form 232 of Schedule 1 to any person on payment of the fee as
determined by the Managing Director from time to time.
(2) Forms required to be signed by
or on behalf of the Managing Director, the Authority, the Minister, or any
officer of the National Forest Service may be numbered and shall be kept in a
secure place.
247. Tenders.
(1) Rules and procedures for
tenders shall be as determined by the Board.
(2) An application for tender
documentation/specifications (if any) relating to any tender (other than
documentation/specifications relating to a project proposal) shall be in Form
232 of Schedule 1 and shall be accompanied by the prescribed fee in Schedule 3
which shall be non-refundable.
248. Service of notice etc.
Service on a forest industry
participant of any notice or other document required or permitted to be served
under the Act may be effected by sending such notice or document by pre-paid
post or by facsimile to the participant's postal address or address for
service.
[ccliii]249. Public Register.
(1) The Public Register referred to
in Section 103A shall as far as is practicable be in the form of loose-leaf
folio or folios, which together make up the public register.
(2) An application to search the
public register shall be in Form 232 of Schedule 1 and the prescribed fee shall
be as set out in Schedule 3.
[ccliv]250. Forest industries activities
[repealed].
251. Disasters.
In any case where a Provincial Disaster
Committee has declared any area which contains or comprises forests therein and
the Provincial Disaster Committee which has been established under relevant
legislation has made a recommendation to the Managing Director of the National
Forest Service relating to salvaging the forest produce or to carry out
reforestation or to convert to any other land use then the Managing Director
may suspend all or any requirement in the Act or Regulations and—
(a) invite any person or persons who
are registered forest industry participants to salvage the forest produce and
to carry out any other forest industry activity as defined in such disaster
area on such terms and conditions as he thinks fit; or
(b) permit such person or persons or
the National Forest Service itself to undertake any reforestation or other land
use in the disaster area on such terms and conditions as he thinks fit.
252. Repeal.
The Forestry Regulation 1992 is
hereby repealed.
253. Transitional.
Forest Industry Participants or
Consultants who have been registered under the repealed Regulations shall be
deemed to have been registered under these Regulations.
[cclv]254. Application for an Authority to carry
out a large scale agricultural or other land use development project where the
amount of proposed clearance of natural forest is greater than 50 hectares in
total.
(1) An application under Section
90(A) of the Act for an Authority to carry out a large scale agriculture or
other land use development project shall—
(a) be in Form 233 of Schedule 1; and
(b) contain the information and
particulars as are specified in Form 233 of Schedule 1.
(2) The fee payable on an
application to carry out a large scale agricultural or other land use
development project shall be as specified in Schedule 3.
[cclvi]255. Return of an application for a large
scale conversion of forest to agriculture or other land use.
A return by the Board of an application
for a large scale agricultural or other land use development project under
Section 90(A) of the Act shall be in Form 234 of Schedule 1.
[cclvii]256. Board's consultation with a Government
body relating to an application to carry out a large scale agriculture or other
land use development.
The Board's consultation with a
Government body under Section 90(B) of the Act shall be in Form 235 of Schedule
1.
[cclviii]257. Notice of a Public Hearing in respect
to an application for an Authority to carry out a large scale agriculture or
other land use development.
The Board's notice of a Public Hearing
under Section 90(B)(2) of the Act shall be in Form 236 of Schedule 1.
[cclix]258. Instrument of appointment of Chairman
of a Public Hearing.
An instrument of appointment by the
Board of a Chairman of a Public Hearing under Section 90(B)(4) of the Act shall
be in Form 237 of Schedule 1.
[cclx]259. Reference of an application for a
proposed large scale agriculture or other land use project and summary of
Public Hearing to Provincial Forest Management Committee.
A reference of an application by the
Chairman of a Public Hearing to a Provincial Forest Management Committee under
Section 90(B)(6) of the Act shall be in Form 238 of Schedule 1.
[cclxi]260. Provincial Forest Management
Committee request for assistance of National Forest Service or other relevant
Department.
A request by a Provincial Forest
Management Committee to the National Forest Service or a Government Department
for assistance under Section 90(B)(8) of the Act shall be in Form 239 of
Schedule 1.
[cclxii]261. Provincial Forest Management Committee
report and recommendation to the Board to approve/reject an application for an
authority to carry out an agricultural or other land use project.
A report of a Provincial Forest
Management Committee and recommendation to the Board under Section 90(B)(9) or
90(B)(10) of the Act shall be Form 240 of Schedule 1.
[cclxiii]262. Board's advice to applicant of
rejection of application for an authority to carry out a large scale
agriculture or other land use project.
The Board's advice to an applicant
under Section 90(B)(11) of the Act of a rejection of an application to carry
out a large scale agriculture or other land use project shall be in Form 241 of
Schedule 1.
[cclxiv]263. Board's recommendation to Minister to
recommend to the National Executive Council to endorse an application for a
large scale conversion of forest to agriculture or other land use.
The Board's recommendation under
Section 90(B)(12) of the Act to the Minister to recommend to the Provincial
Forest Management Committee to endorse an application for a large scale
conversion of forest to agriculture shall be in Form 242 of Schedule 1.
[cclxv]264. Rejection by Board of an application
for a large scale agriculture or other land use project.
A rejection by the Board under Section
90(B)(13) of the Act of an application for a large scale agriculture or other
land use project shall be in Form 243 of Schedule 1.
[cclxvi]265. Minister for Forests referral of Board
recommendation for approval of an application for an authority to carry out a
large scale agriculture or other land use development to National Executive
Council.
A referral by the Minister to the
National Executive Council under Section 90(B)(14) of the Act and the Board's
recommendation for approval of an application for an authority for a large
scale agriculture or other land use development project shall be in Form 244 of
Schedule 1.
[cclxvii]266. Direction of National Executive Council
to the Minister for Forests to endorse/reject an application for an authority
to carry out a large scale agriculture or other land use project.
A direction of the National Executive
Council under Section 90(B)(15) of the Act to the Minister to endorse or reject
an application for an Authority to carry out a large scale agriculture or other
land use project shall be in Form 245 of Schedule 1.
[cclxviii]267. Minister's advice to the Board of the
National Executive Councils direction to the Minister for Forests to
endorse/reject the recommendation of the Board of the Forest Authority to
approve an application for an authority to carry out a large scale agriculture
or other land use project.
The Minister's advice to the Board under
Section 90(B)(16) of the Act of the National Executive Council's direction to
endorse or reject a recommendation of the Board to approve an application for
an Authority to carry out a large scale agriculture or other land use project
shall be in Form 246 of Schedule 1.
[cclxix]268. Board's advice to applicant and
Provincial Forest Management Committee of decision of National Executive
Council directing the Minister to reject an application for an authority to
carry out a large scale agriculture or other land use development.
The Board's advice to an Applicant and
Provincial Forest Management Committee under Section 90(B)(17) of the Act of a
decision of the National Executive Council to reject an application for an
Authority to carry out a large scale agriculture or other land use development
shall be in Form 247 of Schedule 1.
[cclxx]269. Authority to carry out a large scale
agriculture or other land use development project.
An Authority under Section 90(B)(21) of
the Act to carry out a large scale agriculture or other land use development
project shall be in Form 248 of Schedule 1.
[cclxxi]270. Forest clearing authority.
A forest clearing authority under
Section 90(B)(22) of the Act shall be in Form 249 of Schedule 1.
[cclxxii]271. Application for authority to carry out
a large scale roadline development project over an existing forested area where
the proposed road will be greater than 12.5 kilometres in length.
(1) An application under Section
90(c) of the Act for an Authority to carry out a large roadline development
shall—
(a) be in Form 250 of Schedule 1; and
(b) contain the information and
particulars as are specified in Form 250 of Schedule 1.
(2) The fee payable on an
application to carry large scale roadline development project shall be as
prescribed in Schedule 3.
[cclxxiii]272. Return of an application for a large
scale conversion of forest to road.
A return by the Board of an application
for a large scale roadline development project under Section 90(D) of the Act
shall be in Form 251 of Schedule 1.
[cclxxiv]273. Board's consultation with a Government
body relating to an application to carry out a large scale road development
project.
The Board's consultation with a
Government body under Section 90(D) of the Act shall be in Form 252 of Schedule
1.
[cclxxv]274. Notice of a public hearing in respect
to an application for an authority to carry out a large scale road development
project.
The Board's notice of a Public Hearing
under Section 90(D)(2) of the Act shall be in Form 253 of Schedule 1.
[cclxxvi]275. Instrument of appointment of Chairman of
a public hearing.
An instrument of Appointment by the
Board of a Chairman of a Public Hearing under Section 90(D)(4) of the Act shall
be Form 254 of Schedule 1.
[cclxxvii]276. Reference of an application for a
proposed large scale road development project and summary of Public Hearing to
Provincial Forest Management Committee.
A reference of an application by the
Chairman of a Public Hearing to a Provincial Forest Management Committee under
Section 90(D)(6) of the Act shall be in Form 255 of Schedule 1.
[cclxxviii]277. Provincial Forest Management Committee
request for assistance of National Forest Service or other relevant Department.
A Request by a Provincial Forest
Management Committee to the National Forest Service or a Government Department
for assistance under Section 90(D)(8) of the Act shall be in Form 256 of
Schedule 1.
[cclxxix]278. Provincial Forest Management Committee
report and recommendation to the Board to approve/reject an application for an
authority to carry out a large scale road development project.
A Report of the Provincial Forest
Management Committee and recommendation to the Board under Section 90(D)(9) or
90(D)(10) of the Act shall be in Form 257 of Schedule 1.
[cclxxx]279. Board's advice to applicant of
rejection of application for an authority to carry out a large scale road
development project.
The Board's advice to an applicant
under 90(D)(11) of the Act of a rejection of an application to carry out a
large scale road development project shall be in Form 258 of Schedule 1.
[cclxxxi]280. Board's recommendation to Minister to
recommend to the National Executive Council to endorse an application for a
large scale conversion of forest to road.
The Board's recommendation under
90(D)(12) of the Act to the Minister to recommend to the National Executive
Council to endorse an application for a large scale conversion of forest to
road shall be in Form 259 of Schedule 1.
[cclxxxii]281. Rejection by Board of an application for
a large scale road development project.
A rejection by the Board under Section
90(D)(13) of the Act of an application for a large scale road development
project shall be in Form 260 of Schedule 1.
[cclxxxiii]282. Minister for Forests referral of Board
recommendation for approval of an application for an authority to carry out a
large scale road development project to National Executive Council.
A referral by the Minister to the
National Executive Council under Section 90(D)(14) of the Act of the Board's
recommendation for approval of an application to carry out a large scale road
development project shall be in Form 261 of Schedule 1.
[cclxxxiv]283. Direction of National Executive Council
to the Minister for Forests to endorse or reject an application for an
authority to carry out a large scale road development project.
A direction of the National Executive
Council under Section 90(D)(15) of the Act to the Minister to endorse or reject
an application for an Authority to carry out a large scale road development
project shall be in Form 262 of Schedule 1.
[cclxxxv]284. Minister's advice to the Board of
National Executive Councils direction to the Minister for Forests to endorse or
reject the recommendation of the Board of the Forest Authority to approve an
application for an authority to carry out a large scale road development
project.
The Minister's advice to the Board
under Section 90(D)(16) of the Act of a National Executive Council's direction
to endorse or reject a recommendation of the Board to approve an application
for an Authority to carry out a large scale road development project shall be
in Form 263 of Schedule 1.
[cclxxxvi]285. Board's advice to applicant and
Provincial Forest Management Committee of decision of National Executive
Council directing the Minister to reject an application for an authority to
carry out a large scale road development project.
The Board's advice to an applicant and
a Provincial Forest Management Committee under 90(D)(17) of the Act of a
decision of the National Executive Council to reject an application for an
Authority to carry out a large scale road development project shall be in Form
264 of Schedule 1.
[cclxxxvii]286. Authority to carry out a large scale road
development project.
An Authority under Section 90(D)(21) of
the Act to carry out a large scale road development project shall be in Form
265 of Schedule 1.
[cclxxxviii]287. Forest clearing authority.
A forest clearing authority under
Section 90(D)(22) of the Act shall be in Form 249 of Schedule 1.
[cclxxxix]288. Verification of ownership and consent of
land owners.
A verification of ownership and consent
of landowners under Section 90(A)(3)(f) and 90(D)(3)(g) of the Act shall be in
Form 267 of Schedule 1and shall contain those particulars as set out in that
Form.
[ccxc]289. Sales and purchase agreement.
The prescribed Sales and Purchase
Agreement under Section 90(B)(20) and 90(D)(20) of the Act shall be in Form 266
of Schedule 1 and shall contain those particulars as are set out in that Form.
[ccxci]290. Application to inspect and make copies
of a summary of matters associated with an application.
(1) An application under Section
90(B)(5) and 90(D)(5) of the Act for copies of a summary of matters associated
with an application for a large scale agriculture or other land use or road
project shall be in Form 232 of Schedule 1.
(2) The fee payable on making an
application shall be as specified in Schedule 3.
SCHEDULE 1.
Form 1.—Notice of dedication of Government land as a
National Forest
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 3 Form
1
Reg. 2
NOTICE OF DEDICATION OF GOVERNMENT
LAND AS A NATIONAL FOREST
I . . . , Governor General, by
virtue of the powers conferred by Section 3 of the Forestry Act 1991 and all
other powers me enabling, acting with and in accordance with, the advice of the
National Executive Council, hereby dedicate the Government land described below
as a National forest.
Description of Government Land:
Dated this . . . day of . . . 20...
______________
Governor General
Form 2.—Declaration of reserved trees
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 4 Form
2
Reg. 3
DECLARATION OF RESERVED TREES
I . . . , Minister for Forests, by
virtue of the powers conferred on me by Section 4 of the Forestry Act 1991 and
all other powers me enabling hereby declare the trees or members of the species
or class of tree set forth below to be reserved trees for the purposes of the
said Act:
(specify the trees, or members or
class)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 3.—Ministers' direction to the Authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 7(2) Form
3
Reg. 5
MINISTERS' DIRECTION TO THE
AUTHORITY
To the Board
I, . . . , Minister for Forests, by
virtue of the powers conferred by Section 7(2) of the Forestry Act, 1991 and
all other powers me enabling, hereby issue to the Authority the following
direction in regard to the carrying out of the functions of the Authority which
I consider necessary for the purposes of achieving the objectives of the
Authority.
Direction:
(State)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 4.—Grant of leave of absence by the Chairman to a
member/alternate member of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 13(1) Form
4
Reg. 6
GRANT OF LEAVE OF ABSENCE BY THE
CHAIRMAN TO A *MEMBER/ALTERNATE MEMBER OF THE BOARD
To: . . . *a member/alternate member
of the Board.
Pursuant to Section 13(1) of the
Forestry Act, 1991 I hereby grant to you leave of absence on the following
terms and conditions:
Terms and Conditions:
(state)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________
Chairman of the Board
Form 5.—Grant of leave of absence by the Minister to the
Chairman/Deputy Chairman of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 13(2) Form
5
Reg. 7
GRANT OF LEAVE OF ABSENCE BY THE
MINISTER TO THE *CHAIRMAN/DEPUTY CHAIRMAN OF THE BOARD
To: . . . *Chairman/Deputy Chairman
of the Board.
Pursuant to Section 13(2) of the
Forestry Act 1991 I hereby grant to you leave of absence on the following terms
and conditions.
Terms and Conditions:
(state)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 6.—Resignation of office by a Board member/alternate
member
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 14(1) Form
6
Reg. 8
RESIGNATION OF OFFICE BY A *BOARD
MEMBER/ALTERNATE MEMBER
To: The Minister for Forests
I, . . . a *member/alternate member
of the Board appointed under Section *10(1)(e)/10(1)(f)/10(1)(g) of the
Forestry Act 1991 do hereby resign from office as a *member/alternate member of
the Board.
My resignation shall take effect
from *the date of this instrument/the . . . day of . . . 20...
*Delete whichever is inapplicable.
Dated this . . . day of . . . 20...
________________________________
*Member/Alternate Member of the Board
Form 7.—Termination of a Board member/alternate member by
the Minister
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 14(2) Form
7
Reg. 9
TERMINATION OF A *BOARD
MEMBER/ALTERNATE MEMBER BY THE MINISTER
To: . . . *Chairman/Deputy
Chairman/Member of the Board
Pursuant to Section 14(2) of the
Forestry Act, 1991 I hereby terminate your appointment as *Chairman/Deputy
Chairman/member/alternate member of the Board on the following grounds:—
Grounds of Termination:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
________________
Minister for Forests
Form 8.—Notice of intention by National Executive Council
to a member/alternate member of the Board that it intends to terminate his
appointment
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 14(4) Form
8
Reg. 10
NOTICE OF INTENTION BY NATIONAL
EXECUTIVE COUNCIL TO A *MEMBER/ALTERNATE MEMBER OF THE BOARD THAT IT INTENDS TO
TERMINATE HIS APPOINTMENT
To: . . . *Chairman/Deputy Chairman/Member/Alternate
Member of the Board
TAKE NOTICE that pursuant to Section
14(4) of the Forestry Act, 1991 the National Executive Council intends to
terminate your appointment as *Chairman/Deputy Chairman/member/alternate member
of the Board on the grounds of *Inefficiency/Incapacity/Misbehaviour
particulars whereof are specified below.
Particulars of
*Inefficiency/Incapacity/Misbehaviour:
(specify)
AND TAKE FURTHER NOTICE that under
Section 14(5) of the Forestry Act you may within 14 days of the date of receipt
of this Notice reply in writing to the National Executive Council who shall
consider your reply and, where appropriate, terminate your appointment.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________________________
Chairman of National Executive Council
Form 9.—Representation to National Executive Council from
Chairman/Deputy Chairman/member/alternate member of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 14(5) Form
9
Reg. 11
REPRESENTATION TO NATIONAL EXECUTIVE
COUNCIL FROM *CHAIRMAN/DEPUTY CHAIRMAN/MEMBER/ALTERNATE MEMBER OF THE BOARD
To: The Secretary
National Executive
Council
I, . . . *Chairman/Deputy
Chairman/Member/Alternate Member of the Board of the Forest Authority hereby
make representation under Section 14(5) of the Forestry Act as to why my
appointment should not be terminated by the National Executive Council.
Representation:
(specify or attach to the form)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
____________________________
Chairman/Deputy Chairman/Member
of the Board of the Forest Authority
Form 10.—Termination by National Executive Council of
appointment of Chairman/Deputy Chairman/member/alternate member of the Board of
the Forest Authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 14(5) Form
10
Reg. 12
TERMINATION BY NATIONAL EXECUTIVE
COUNCIL OF APPOINTMENT OF *CHAIRMAN/DEPUTY CHAIRMAN/MEMBER/ALTERNATE MEMBER OF
THE BOARD OF THE FOREST AUTHORITY
To: . . . *Chairman/Deputy
Chairman/Member/Alternate Member of the Board of the Forest Authority
*The National Executive Council
after having considered your reply provided to it pursuant to Section 14(5) of
the Forestry Act 1991 hereby pursuant to Section 14(5) of the Forestry Act 1991
terminates your appointment.
*The National Executive Council
under Section 14(6) of the Forestry Act 1991 hereby terminates your
appointment.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______
Chairman
National Executive Council
Form 11.—Determination of the Board to convene a meeting
of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(1) Form
11
Reg. 13
DETERMINATION OF THE BOARD TO
CONVENE A MEETING OF THE BOARD
To: All Board Members
TAKE NOTICE that in accordance with
a determination of the Board made under Section 16(1) of the Forestry Act, 1991
there will be a meeting of the Board to be held on the date, place, time and
for the purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
*Delete whichever is inapplicable
Date this . . . day of . . . 20...
______________________
*Chairman/Deputy Chairman
Form 12.—Convening of a Board meeting pursuant to a
direction by the Chairman/Deputy Chairman of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(1) Form
12
Reg. 14
CONVENING OF A BOARD MEETING
PURSUANT TO A DIRECTION BY THE *CHAIRMAN/DEPUTY CHAIRMAN OF THE BOARD
To: All Board Members
TAKE NOTICE that pursuant to Section
16(1) of the Forestry Act 1991 I hereby direct that the Board convenes and
meets on the date, place, time and for the purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
*Delete whichever is inapplicable
______________________
*Chairman/Deputy Chairman
Form 13.—Request by Minister to Chairman/Deputy Chairman
of the Board to convene a meeting of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(2) Form
13
Reg. 15
REQUEST BY MINISTER TO
*CHAIRMAN/DEPUTY CHAIRMAN OF THE BOARD TO CONVENE A MEETING OF THE BOARD
To: *The Chairman/Deputy Chairman
Pursuant to Section 16(2) of the
Forestry Act, 1991 I hereby request that you convene a meeting of the Board
within 14 days of the date of receipt of this request for the purposes as set
out below.
Purposes of Meeting:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 14.—Request by not less than two members of the Board
to the Chairman/Deputy Chairman of the Board to convene a meeting of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(2) Form
14
Reg. 16
REQUEST BY NOT LESS THAN TWO MEMBERS
OF THE BOARD TO THE *CHAIRMAN/DEPUTY CHAIRMAN OF THE BOARD TO CONVENE A MEETING
OF THE BOARD
To: *The Chairman/Deputy Chairman
Pursuant to Section 16(2) of the
Forestry Act, 1991 we hereby request that you convene a meeting of the Board
within 14 days of the date of receipt of this request for the purposes as set
out below.
Purposes:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
____________
Board Member
____________
Board Member
Form 15.—Convening of a Board meeting by Chairman/Deputy
Chairman pursuant to a request by the Minister for Forests
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(2) Form
15
Reg. 17
CONVENING OF A BOARD MEETING BY
*CHAIRMAN/DEPUTY CHAIRMAN PURSUANT TO A REQUEST BY THE MINISTER FOR FORESTS
To: All Board Members
TAKE NOTICE that pursuant to a
request to so by *the Minister for Forests under Section 16(2) of the Forestry
Act, 1991 I hereby, convene, pursuant to Section 16(2) of the Forestry Act,
1991 a meeting of the Board to be held on the date, place, time and for the
purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days Notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________________
*Chairman/Deputy Chairman
Form 16.—Convening of a Board meeting by Chairman/Deputy
Chairman pursuant to a request by two or more members of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(2) Form
16
Reg. 18
CONVENING OF A BOARD MEETING BY
*CHAIRMAN/DEPUTY CHAIRMAN PURSUANT TO A REQUEST BY TWO OR MORE MEMBERS OF THE
BOARD
To: All Board Members
TAKE NOTICE that pursuant to a
request to so by not less than two Board Members I hereby, convene a meeting of
the Board pursuant to Section 16(2) of the Forestry Act, 1991 to be held on the
date, place, time and for the purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days Notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________________
*Chairman/Deputy Chairman
Form 17.—Request by Minister to Chairman/Deputy Chairman
of the Board to convene a meeting of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(4) Form
17
Reg. 19
REQUEST BY MINISTER TO
*CHAIRMAN/DEPUTY CHAIRMAN OF THE BOARD TO CONVENE A MEETING OF THE BOARD
To: *Chairman/Deputy Chairman
Pursuant to Section 16(4) of the
Forestry Act, 1991 I hereby request that you convene a meeting of the Board
within 14 days of the date of receipt of this request to consider and advise me
on those matters as set out below.
Matters:
(Specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 18.—Convening of a Board meeting by Managing Director
pursuant to a request to the Board by the Minister for Forests
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 16(5) Form
18
Reg. 20
CONVENING OF A BOARD MEETING BY
MANAGING DIRECTOR PURSUANT TO A REQUEST TO THE BOARD BY THE MINISTER FOR
FORESTS
To: All Board Members
TAKE NOTICE that pursuant to a
request by the Minister for Forests make under Section 16(4) of the Forestry
Act, 1991 I hereby, in accordance with Section 16(5) of the Forestry Act, 1991
convene a meeting of the Board to be held on the date, place, time and for the
purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days Notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
Dated this . . . day of . . . 20...
______________
Managing Director
Form 19.—Minister's consultation with Board on proposed
delegation of Board's powers
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 19 Form
19
Reg. 21
MINISTER'S CONSULTATION WITH BOARD
ON PROPOSED DELEGATION OF BOARD'S POWERS
To: *The Chairman/Deputy Chairman of
the Board
TAKE NOTICE that pursuant to Section
19 of the Forestry Act, 1991 I propose by instrument to delegate to the person
named as the delegatee hereunder those powers and functions of the Board under
the Forestry Act, 1991 as set out below and for the reasons stated hereunder.
I require the Board to consult with
me by advising me of its views on my proposed delegation within 14 days of the
date of receipt by it of this Notice.
Name of Delegatee:
(specify)
Powers and Functions of the Board to
be delegated:
(specify)
Reasons for Proposed Delegation:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 20.—Delegation by the Minister of all or any of his
powers and functions to the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxcii]Act,
Sec. 19 Form 20
Reg. 22
DELEGATION BY THE MINISTER OF ALL OR
ANY OF HIS POWERS AND FUNCTIONS TO THE BOARD.
To: The Board
By virtue of the powers conferred by
Section 19(1) of the Forestry Act 1991, and all other powers me enabling
I hereby delegate to the Board all those powers and functions as stated
hereunder.
Powers and Functions of the
Minister delegated to the Board:
(insert or attach)
This delegation of my powers and
functions shall remain in force and effect until withdrawn by me in writing.
Dated this . . . day of . . . 20...
___________
Minister for Forests.
Form 21.—Delegation by the Board of all or any of its
powers and functions to the Managing Director of the National Forest Service
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxciii]Act,
Sec. 19 Form 21
Reg. 23
DELEGATION BY THE BOARD OF ALL OR
ANY OF ITS POWERS AND FUNCTIONS TO THE MANAGING DIRECTOR OF THE NATIONAL FOREST
SERVICE.
To: The Managing Director,
National Forest Service.
The Board by virtue of the powers
conferred by Section 19 of the Forestry Act 1991 and all other powers it
enabling does hereby delegate to you those powers and functions of the Forest
Board as stated hereunder.
Powers and Functions of the Board
delegated to the Managing Director of the National Forest Service:
(Insert or attach)
This delegation of the powers and
functions of the Board shall remain in full force and effect until withdrawn by
the Board in writing.
Dated this . . . day of . . . 20...
_______________
For the Board.
Form 22.—Letter of transmittal of Board's annual report
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 20(1) Form
22
Reg. 24
LETTER OF TRANSMITTAL OF BOARD'S
ANNUAL REPORT
The Hon . . . .
Minister for Forests
Dear Minister
In accordance with the provisions
contained in Section 20(1) of the Forestry Act, 1991 the Board of the Forest
Authority submits to you a report on the progress and performance of the
Authority in relation to its functions during the year ended 31 December, . . .
Section 20(2) of the Forestry Act,
1991 also requires that, as soon as practicable after you have received this
report, you forward the report to the Speaker for presentation to the
Parliament and a copy to each Provincial Government.
Yours sincerely
_______________________
Chairman of the Forest Board
Dated this . . . day of . . . 20...
Form 23.—Letter of transmittal of Board's annual report
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 20(2)(b) Form
23
Reg. 25
LETTER OF TRANSMITTAL OF BOARD'S
ANNUAL REPORT
The Governor
. . . Provincial Government
Dear Governor
In accordance with the provisions
contained in Section 20(2)(b) of the Forestry Act, 1991 I forward to you a
report on the progress and performance of the Forest Authority in relation to
its functions during the year ended 31 December, . . .
Yours sincerely
_______________
Minister for Forests
Dated this . . . day of . . . 20...
Form 24.—Appointment of members and alternate members of
provincial forestry management committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 22(2), 23(1) Form
24
Reg. 26
APPOINTMENT OF MEMBERS AND ALTERNATE
MEMBERS OF PROVINCIAL FORESTRY MANAGEMENT COMMITTEE
THE BOARD, by virtue of the powers
conferred by Section 22 of the Forestry Act, 1991 and all other powers it
enabling hereby appoints—
(a) as a member of the . . .
Provincial Forest Management Committee, under the provision specified in Column
1 of the Schedule and on the nomination of the authority specified in Column 2
opposite, each person specified in Column 3 opposite; and
(b) as an alternate member of the . . .
Provincial Forest Management Committee to the member specified in Column 3 of
the Schedule, the person specified in Column 4 opposite.
SCHEDULE
|
Provision
|
Nominating
Authority
|
Member
|
Alternate
Member
|
|
S22(1)(a)
|
Provincial
Government
|
(who
shall be Chairperson)
|
|
|
S22(1)(b)
|
Managing
Director
|
|
|
|
S22(1)(c)
|
Provincial
Executive
|
|
|
|
S22(1)(e)
|
National
Alliance of Non- Governmental Organizations
|
|
|
Dated this . . . day of . . . 20...
___________
For the Board
Form 25.—Appointment of members of Provincial Forest
Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 22(2) Form
25
Reg. 27
APPOINTMENT OF MEMBERS OF PROVINCIAL
FOREST MANAGEMENT COMMITTEE
THE BOARD, by virtue of the powers
conferred by Section 22 of the Forestry Act, 1991 and all other powers it
enabling hereby appoints—
. . . as a member of the . . .
Provincial Forest Management Committee, under the provision specified in Column
1 of the Schedule and on the nomination of the authority specified in Column 2
opposite, each person specified in Column 3 opposite.
SCHEDULE
|
Provision
|
Nominating Authority
|
Member
|
|
S22(1)(d)
|
Provincial Forest
Management Committee
|
|
|
S22(1)(d)
|
Provincial Forest
Management Committee
|
|
Dated the . . . day of . . . 20...
___________
For the Board
Form 26.—Revocation of appointment and appointment of
member of the Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 22(2) Form
26
Reg. 28
REVOCATION OF APPOINTMENT AND
APPOINTMENT OF MEMBER OF THE PROVINCIAL FOREST MANAGEMENT COMMITTEE
THE BOARD, by virtue of the powers
conferred by Section 22 of the Forestry Act, 1991 and all other powers it
enabling hereby:
(a) revokes the appointment of . . .
as member of the Provincial Forest Management Committee; and
(b) appoints . . . to be a member of
that Committee.
Dated this . . . day of . . . 20...
___________
For the Board
Form 27.—Revocation of appointment and appointment of
alternate member of the Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 23 Form
27
Reg. 29
REVOCATION OF APPOINTMENT AND
APPOINTMENT OF ALTERNATE MEMBER OF THE PROVINCIAL FOREST MANAGEMENT COMMITTEE
THE BOARD, by virtue of the powers
conferred by Section 23 of the Forestry Act, 1991 and all other powers it
enabling hereby:
(a) revokes the appointment of . . .
as alternate member of the Provincial Forest Management Committee; and
(b) appoints . . . as an alternate
member of that Committee.
Dated this . . . day of . . . 20...
___________
For the Board
Form 28.—Grant of leave of absence by the Chairman of a
Provincial Forest Management Committee to a member/alternate member of the
committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 24(1) Form
28
Reg. 30
GRANT OF LEAVE OF ABSENCE BY THE
CHAIRMAN OF A PROVINCIAL FOREST MANAGEMENT COMMITTEE TO A *MEMBER/ALTERNATE
MEMBER OF THE COMMITTEE
To: . . . *a member/alternate member
of the . . . Provincial Forest Management Committee
Pursuant to Section 24(1) of the
Forestry Act, 1991 I hereby grant to you leave of absence on the following
terms and conditions:
Terms and Conditions:
(state)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______
Chairman
. . . Provincial Forest
Management Committee
Form 29.—Grant of leave of absence by the Chairman of the
Forest Board to the Chairman of a Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 24(2) Form
29
Reg. 31
GRANT OF LEAVE OF ABSENCE BY THE
CHAIRMAN OF THE FOREST BOARD TO THE CHAIRMAN OF A PROVINCIAL FOREST MANAGEMENT
COMMITTEE
To: . . . Chairman . . . Provincial
Forest Management Committee
Pursuant to Section 24(2) of the
Forestry Act 1991 I hereby grant to you leave of absence on the following terms
and conditions.
Terms and Conditions:
(state)
Dated this . . . day of . . . 20...
__________________
Chairman of the Board
Form 30.—Resignation of office by a member/alternate
member of a Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(1) Form
30
Reg. 32
RESIGNATION OF OFFICE BY A
*MEMBER/ALTERNATE MEMBER OF A PROVINCIAL FOREST MANAGEMENT COMMITTEE
To: The Chairman of the Board
I, . . . a *member/alternate member
of the . . . Provincial Forest Management Committee appointed under Section
*22(1)(b)/22(1)(c)/22(1)(d)/22(1)(e) of the Forestry Act 1991 do hereby resign
from office as a *member/alternate member of the Provincial Forest Management
Committee.
My resignation shall take effect
from *the date of this instrument/the . . . day of . . . 20...
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________________
*Member/Alternate Member
. . . Provincial Forest
Management Committee
Form 31.—Termination of a member/alternate member of a
Provincial Forest Management Committee by the Chairman of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(2) Form
31
Reg. 33
TERMINATION OF A *MEMBER/ALTERNATE
MEMBER OF A PROVINCIAL FOREST MANAGEMENT COMMITTEE BY THE CHAIRMAN OF THE BOARD
To: . . . *Member/Alternate Member
of the . . . Provincial Forest Management Committee
Pursuant to Section 25(2) of the
Forestry Act, 1991 I hereby terminate your appointment as *Member/Alternate
Member of the Provincial Forest Management Committee on the following grounds:—
Grounds of Termination:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________
Chairman of the Board
Form 32.—Request to Board by a body which has nominated a
member/alternate member to a Provincial Forest Management Committee to
terminate the appointment
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(3) Form
32
Reg. 34
REQUEST TO BOARD BY A BODY WHICH HAS
NOMINATED A *MEMBER/ALTERNATE MEMBER TO A PROVINCIAL FOREST MANAGEMENT
COMMITTEE TO TERMINATE THE APPOINTMENT
To: The Board
Pursuant to Section 25(3) of the
Forestry Act, 1991 the Board is hereby requested to terminate the appointment
of the *Member/Alternate Member appointed under Section
*22(1)(c)/22(1)(d)/22(1)(e) on the grounds as specified below.
Grounds of termination:
(specify)
Dated this . . . day of . . . 20...
_______________
*For the . . . Provincial Executive
*For
the . . . Provincial Forest Management Committee
*For
the National Alliance of Non-Government Organisation
*Delete whichever is inapplicable
Form 33.—Termination by Board of appointment of a
member/alternate member of the Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(3) Form
33
Reg. 35
TERMINATION BY BOARD OF APPOINTMENT
OF A *MEMBER/ALTERNATE MEMBER OF THE PROVINCIAL FOREST MANAGEMENT COMMITTEE
To: . . . *Member/Alternate Member
of the . . . Provincial Forest Management Committee
*The Board after having received a
request to terminate your appointment under Section 25(3) of the Forestry Act,
1991 from the body which nominated you to be a *member/alternate member of the
. . . Provincial Forest Management Committee doth hereby pursuant to Section
25(3) of the Forestry Act, 1991 terminate your appointment as a
*member/alternate member of the . . . Provincial Forest Management Committee.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 34.—Notice of intention by the Chairman of the Board
to a member/alternate member of a Provincial Forest Management Committee that
he intends to terminate his appointment
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(4) Form
34
Reg. 36
NOTICE OF INTENTION BY THE CHAIRMAN
OF THE BOARD TO A *MEMBER/ALTERNATE MEMBER OF A PROVINCIAL FOREST MANAGEMENT COMMITTEE
THAT HE INTENDS TO TERMINATE HIS APPOINTMENT
To: . . . *Member/Alternate Member
of the . . . Provincial Forest Management Committee
TAKE NOTICE that pursuant to Section
25(4) of the Forestry Act, 1991 I intend to terminate your appointment as a Member/Alternate
Member of the . . . Provincial Forest Management Committee on the grounds of
*Inefficiency/Incapacity/Misbehaviour particulars whereof are specified below.
Particulars of
*Inefficiency/Incapacity/Misbehaviour:
(specify)
AND TAKE FURTHER NOTICE that under
Section 25(5) of the Forestry Act, 1991 you may within 14 days of the date of
receipt of this Notice reply in writing to the Chairman of the Board and your
reply shall be considered by the Chairman and, where appropriate, your
appointment terminated.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________
Chairman of the Board
Form 35.—Representation to Chairman of the Board from a
member/alternate member of a Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(5) Form
35
Reg. 37
REPRESENTATION TO CHAIRMAN OF THE
BOARD FROM A *MEMBER/ALTERNATE MEMBER OF A PROVINCIAL FOREST MANAGEMENT
COMMITTEE
To: The Chairman of the Board
I, . . . *Member/Alternate Member of
the . . . Provincial Forest Management Committee hereby make representations
under Section 25(5) of the Forestry Act, 1991 as to why my appointment should
not be terminated by you.
Representation:
(specify or attach to the form)
Dated this . . . day of . . . 20...
______________________
*Member/Alternate member
. . . Provincial Forest
Management Committee
*Delete whichever is inapplicable
Form 36.—Termination by Chairman of the Board of
appointment of member/alternate member of a Provincial Forest Management
Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 25(5), 25(6) Form
36
Reg. 38
TERMINATION BY CHAIRMAN OF THE BOARD
OF APPOINTMENT OF *MEMBER/ALTERNATE MEMBER OF A PROVINCIAL FOREST MANAGEMENT
COMMITTEE
To: . . . *Member/Alternate Member
of the . . . Provincial Forest Management Committee
*After having considered your reply
provided to me pursuant to Section 25(5) of the Forestry Act, 1991 I hereby
pursuant to Section 25(5) of the Forestry Act, 1991 terminate your appointment
as a *member/alternate member of the . . . Provincial Forest Management
Committee.
*Pursuant to Section 25(6) of the
Forestry Act, 1991 I hereby terminate your appointment.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________
Chairman of the Board
Form 37.—Determination by the Chairman of a Provincial
Forest Management Committee to convene a meeting of the committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 27(1) Form
37
Reg. 39
DETERMINATION BY THE CHAIRMAN OF A
PROVINCIAL FOREST MANAGEMENT COMMITTEE TO CONVENE A MEETING OF THE COMMITTEE
To: All Members of the Provincial
Forest Management Committee
TAKE NOTICE that in accordance with
a determination made by me under Section 27(1) of the Forestry Act, 1991 there
will be a meeting of the . . . Provincial Forest Management Committee to be
held on the date, place, time and for the purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
Date this . . . day of . . . 20...
_______
Chairman
. . . Provincial Forest
Management Committee
Form 38.—Request to the Chairman of a Provincial Forest
Management Committee by the Board/Managing Director National Forest Service to
convene a meeting of the committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 27(2) Form
38
Reg. 40
REQUEST TO THE CHAIRMAN OF A
PROVINCIAL FOREST MANAGEMENT COMMITTEE BY *THE BOARD/MANAGING DIRECTOR NATIONAL
FOREST SERVICE TO CONVENE A MEETING OF THE COMMITTEE
To: The Chairman—. . . Provincial
Forest Management Committee
Pursuant to Section 27(2) of the
Forestry Act, 1991 I hereby request that you convene a meeting of the . . .
Provincial Forest Management Committee within 14 days of the date of receipt of
this request for the purposes as set out below.
Purposes:
(specify)
Dated this . . . day of . . . 20...
____________________
*For the Board/Managing
Director, National Forest Service
*Delete whichever is inapplicable
Form 39.—Request to the Chairman of a Provincial Forest
Management Committee by not less than two members to convene a meeting of the
committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 27(2) Form
39
Reg. 41
REQUEST TO THE CHAIRMAN OF A
PROVINCIAL FOREST MANAGEMENT COMMITTEE BY NOT LESS THAN TWO MEMBERS TO CONVENE
A MEETING OF THE COMMITTEE
To: The Chairman—. . . Provincial
Forest Management Committee
Pursuant to Section 27(2) of the
Forestry Act, 1991 we hereby request that you convene a meeting of the . . .
Provincial Forest Management Committee within 14 days of the date of receipt of
this request for the purposes as set out below.
Purposes:
(specify)
Dated this . . . day of . . . 20...
______
Member
. . . Provincial Forest Management Committee
______
Member
. . . Provincial Forest Management Committee
. . . Province
Form 40.—Convening of a Provincial Forest Management
Committee by the Chairman of the Provincial Forest Management Committee
pursuant to a request by the Board/Managing Director of the National Forest
Service/not less than two members of the Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 27(2) Form
40
Reg. 42
CONVENING OF A PROVINCIAL FOREST
MANAGEMENT COMMITTEE BY THE CHAIRMAN OF THE PROVINCIAL FOREST MANAGEMENT
COMMITTEE PURSUANT TO A REQUEST BY THE BOARD/MANAGING DIRECTOR OF THE NATIONAL
FOREST SERVICE/NOT LESS THAN TWO MEMBERS OF THE PROVINCIAL FOREST MANAGEMENT
COMMITTEE
To: All Members of the . . .
Provincial Forest Management Committee
TAKE NOTICE that pursuant to a
request made to me under Section 27(2) of the Forestry Act, 1991 by *the Board
of the Forest Authority*/Managing Director of the National Forest Service/*not
less than two members of the Provincial Forest Management Committee I hereby,
convene, pursuant to Section 27(2) of the Forestry Act, 1991 a meeting of the .
. . Provincial Forest Management Committee to be held on the date, place, time
and for the purposes as set out below.
Purpose of Meeting:
(specify)
Date of Meeting:
(at least 14 days Notice
of the meeting must be
given)
Place of Meeting:
Time of Meeting:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______
Chairman
. . . Provincial Forest
Management Committee
Form 41.—Provincial Forest Management Committee notice to
the owner of a forest resource
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 28(3) Form
41
Reg. 43
PROVINCIAL FOREST MANAGEMENT
COMMITTEE NOTICE TO THE OWNER OF A FOREST RESOURCE
To: The Owners of the Forest
Resource located in the area described below
TAKE NOTICE that the . . .
Provincial Forest Management Committee intends to deliberate in respect of the
forest resource located in the area and for the purposes as described below.
AND TAKE FURTHER NOTICE that
pursuant to Section 28(3) of the Forestry Act, 1991 you as owners of that
particular forest resource as described below are entitled to be represented at
the meeting of the . . . Provincial Forest Management Committee by two of your
number selected by you who shall be entitled to take part in the deliberations
but shall not be entitled to vote.
The date, place, time and purpose of
the meeting and the location and description of the forest resource are as set
out below.
The location and description of the
forest resource:
(specify)
Purpose of Meeting:
(specify)
Date of meeting:
(at least 14 days notice
of the meeting must be
given)
Place of meeting:
Time of meeting:
Dated this . . . day of . . . 20...
___________________
For: . . . Provincial Forest
Management Committee
Form 42.—Delegation of Provincial Forest Management
Committee's functions to the National Forest Service
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 30(2) Form
42
Reg. 44
DELEGATION OF PROVINCIAL FOREST
MANAGEMENT COMMITTEE'S FUNCTIONS TO THE NATIONAL FOREST SERVICE
To: The Managing Director, National
Forest Service
The . . . Provincial Forest
Management Committee by virtue of the powers conferred by Section 30(2) of the
Forestry Act, 1991 and all other powers it enabling doth hereby delegate to the
National Forest Service all those functions of the Provincial Forest Management
Committee as stated hereunder.
Functions of the Provincial Forest
Management Committee delegated to the National Forest Service:
(specify)
This delegation of the functions of
the PFMC shall remain in full force and effect until withdrawn by the . . .
Provincial Forest Management Committee in writing.
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
NOTE: THIS DELEGATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO. N.C.D.
PAPUA NEW GUINEA
Form 43.—Letter of transmittal of Provincial Forest
Management Committee annual report
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 31(1) Form
43
Reg. 45
LETTER OF TRANSMITTAL OF PROVINCIAL
FOREST MANAGEMENT COMMITTEE ANNUAL REPORT
To: The Chairman of the Forest Board
Dear Chairman
In accordance with the provisions
contained in Section 31(1) of the Forestry Act, 1991 the Provincial Forest
Management Committee submits to you a report on the activities of the
Provincial Forest Management Committee for the year ended 31 December, . . .
Section 31(2) of the Forestry Act,
1991 also requires that, as soon as practicable after you have received this
report, you forward a copy of the report to the Minister for Forests and to the
Minister responsible for forestry matters in the . . . Province.
Yours sincerely
____________
Chairman of the
. . . Provincial Forest
Management Committee
Dated this . . . day of . . . 20...
Form 44.—Annual report of the Provincial Forest Management
Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 31(1) Form
44
Reg. 46
ANNUAL REPORT OF THE PROVINCIAL
FOREST MANAGEMENT COMMITTEE
To: The Chairman of the Forest Board
Report of the . . . Provincial
Forest Management Committees on its activities for year ending 31 December
20... made pursuant to Section 31(1) of the Forestry Act, 1991 is as follows:—
1. Membership of Committee:
|
Member
|
Alternate
|
Representing
|
|
(Chairman)
|
|
Provincial
Government
|
|
|
|
National
Forest Service
|
|
|
|
Local
Governments
|
|
|
|
NANGO
|
|
|
N/A
|
Landowners
|
|
|
N/A
|
Landowners
|
(Note any membership changes
during the year)
2. Meetings:
(List number of meetings held,
and dates and venues of meetings. Mention significant matters considered at
meetings, for example Provincial Forest Plan, major forest areas for
development, community forestry, forest management agreements, timber
authorities, forest industry operations).
3. Decisions and
Recommendations:
(List briefly by number and in
chronological order the decisions and recommendations that were made by the
Committee at meetings).
4. Finance Statement:
(Detail expenses incurred in the
holding of Committee meetings)
5. Conclusion:
(For making general comments and
recommendations, and for any matter considered relevant or appropriate to bring
to the notice of the Board).
Dated this . . . day of . . . 20...
_________________
For the . . . Provincial
Forest Management Committee
Form 45.—Letter of transmittal of annual report of
Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 31(2) Form
45
Reg. 47
LETTER OF TRANSMITTAL OF ANNUAL
REPORT OF PROVINCIAL FOREST MANAGEMENT COMMITTEE
To: The Minister for Forests
And To: The Chairman of the
Committee responsible for Forestry functions in the . . . Provincial Executive
Council
Dear Minister
In accordance with the provisions
contained in Section 31(2) of the Forestry Act, 1991 I forward to you a report
on the activities of the . . . Provincial Forest Management Committee for the
year ended 31 December . . .
Yours sincerely
________________________
Chairman of the Forest Board
Dated this . . . day of . . . 20...
Form 46.—Establishment of an Advisory Committee of the
Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 32 Form
46
Reg. 48
ESTABLISHMENT OF AN ADVISORY
COMMITTEE OF THE BOARD
Pursuant to Section 32(1) of the
Forestry Act, 1991 the Board has determined that there is a need to establish
an advisory committee of the Board and hereby establishes an Advisory Committee
as described hereunder and for such committee to advise the Board on those
matters as set out below.
The functions, powers and procedures
of the Committee and the persons appointed to it are set out hereunder.
Name of the Advisory Committee:
(insert)
Names of the Appointees to the
Committee:
(insert)
Advice required to be provided to
the Board:
(specify)
Functions, Powers and Procedures of
the Committee:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Form 47.—Appointment to an Advisory Committee of the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 32 (2)(a) Form
47
Reg. 49
APPOINTMENT TO AN ADVISORY COMMITTEE
OF THE BOARD
To: . . .
Pursuant to Section 32(1) of the
Forestry Act, 1991 the Board has established an advisory committee of the Board
as described hereunder to advise it on those matters as set out below.
Pursuant to Section 32(2)(a) the
Board has appointed you to the Advisory Committee.
The functions, powers and procedures
of the Committee are set out hereunder.
Name of the Advisory Committee:
(insert)
Advice required to be provided to
the Board:
(specify)
Functions, Powers and Procedures of
the Committee:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Note: Section 32(3) of the
Forestry Act provides that a member of a Committee of the Board 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.
Form 48.—Board's advice to the Minister on other functions
of the Managing Director
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 35(2) Form
48
Reg. 50
BOARD'S ADVICE TO THE MINISTER ON
OTHER FUNCTIONS OF THE MANAGING DIRECTOR
To: The Minister for Forests
Pursuant to Section 35(2) of the
Forestry Act, 1991 the Board hereby advises you to make a determination that
the Managing Director of the National Forest Service shall have the following
other functions as set out hereunder.
Other functions:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Form 49.—Determination by the Minister for Forests on
other functions to be carried out by the Managing Director
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 35(2) Form
49
Reg. 51
DETERMINATION BY THE MINISTER FOR
FORESTS ON OTHER FUNCTIONS TO BE CARRIED OUT BY THE MANAGING DIRECTOR
To: The Board
And To: The Managing Director,
National Forest Service
I, . . . Minister for Forests, by
virtue of the powers conferred by Section 35(2) of the Forestry Act, 1991 and
all other powers me enabling and after being received advice from the Board do
hereby determine that the Managing Director of the National Forest Service
shall have those such other functions as set out below.
Other Functions:
(specify)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 50.—Delegation of powers by Managing Director
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 35(3) Form
50
Reg. 52
DELEGATION OF POWERS BY MANAGING
DIRECTOR
To: . . . an officer of the National
Forest Service
I, . . . , Managing Director of the
National Forest Service by virtue of the powers conferred by Section 35(3) of
the Forestry Act, 1991 and all other powers me enabling do hereby delegate to
you all those functions and powers as described hereunder.
Functions and powers:
(specify)
This delegation of my powers and
functions as Managing Director of the National Forest Service shall remain in
full force and effect until withdrawn by me in writing.
Dated this . . . day of . . . 20...
_______________
Managing Director
Form 51.—Minister's consultation with Board on proposed
appointment of consultant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 40 Form
51
Reg. 54
MINISTER'S CONSULTATION WITH BOARD
ON PROPOSED APPOINTMENT OF CONSULTANT
To: The Board
And To: The Managing Director,
National Forest Service
TAKE NOTICE that pursuant to Section
40 of the Forestry Act, 1991 I propose to appoint as an employee of the
Authority the Consultant named hereunder to carry out the following duties for
the purposes of the Authority.
I require you to consult with me by
advising me of the limits of funds available for this purpose and to advise me
of what terms and conditions should apply to my proposed appointment and
whether the appointment is necessary for the purposes of the authority within
14 days of the date of receipt by you of this Notice.
Name of Consultant:
(specify)
Position and Duties:
(specify)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 52.—Board's and Managing Director's advice to
Minister for Forests on proposal by Minister to appoint a consultant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 40 Form
52
Reg. 55
BOARD'S AND MANAGING DIRECTOR'S
ADVICE TO MINISTER FOR FORESTS ON PROPOSAL BY MINISTER TO APPOINT A CONSULTANT
To: The Minister for Forests
The Board of the Forest Authority
and the Managing Director of the National Forest Service have considered your
proposal dated the . . . day of . . . to appoint . . . as a consultant and as
an employee of the Authority.
The Board's advice to you is as
follows:—
1. *(a) There are no
funds available for this Purpose
or
*(b) The limits of
funds available for this purpose are K . . .
2. That the appointment
*is/is not necessary for the purposes of the Authority.
*3. The Board and the Managing
Director of the National Forest Service advise that the terms and conditions of
such consultant should be as per the attached draft contract of employment.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
___________
For the Board
Form 53.—Appointment of consultant by the Minister for
Forests
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 40 Form
53
Reg. 56
APPOINTMENT OF CONSULTANT BY THE
MINISTER FOR FORESTS
I, . . . Minister for Forests by
virtue of the powers conferred by Section 40 of the Forestry Act, 1991 and all
other powers me enabling and after having consulted with the Board of the
Forest Authority and the Managing Director of the National Forest Service do
hereby appoint the Consultant named below as an employee of the Authority to
the position described below upon those terms and conditions as attached
hereto.
Name of Consultant:
(Insert Name)
Consultant's Position:
(insert)
Terms and Conditions of the
Appointment:
(attach Terms and Conditions or
Contract of Employment)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 54.—Board recommendation to Minister to appoint
Forest Officers
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 41(1) Form
54
Reg. 57
BOARD RECOMMENDATION TO MINISTER TO
APPOINT FOREST OFFICERS
To: The Minister for Forests
The Board pursuant to Section 41(1)
recommends to you as follows:
(1) That you revoke the
appointment of those officers of the National Forest Service named in
Attachment 'A' as Forest Officers; and
(2) That you appoint as
Forest Officers those officers of the National Forest Service named in
Attachment 'B' such officers having obtained the degree or diploma of a
recognized forestry school.
Dated this . . . day of . . . 20...
___________
For the Board
Form 55.—Instrument of appointment of Forest Officers
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 41(1) Form
55
Reg. 58
INSTRUMENT OF APPOINTMENT OF FOREST
OFFICERS
I, . . . Minister for Forests, by
virtue of the powers conferred by Section 41(1), of the Forestry Act, 1991 and
after having received a recommendation from the Board of the Forest Authority
so to do and all other powers me enabling do hereby:—
(1) revoke all appointments
of Forest Officers at any time hereinbefore made; and
(2) appoint those officers of
the National Forest Service specified in Attachment "A" as Forest
Officers such said officers having obtained the degree or diploma of a
recognized forestry school.
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 56.—Board recommendation to Minister to appointment
Forest Inspectors
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 41(2) Form
56
Reg. 59
BOARD RECOMMENDATION TO MINISTER TO
APPOINTMENT FOREST INSPECTORS
To: The Minister for Forests
The Board pursuant to Section 41(2)
recommends to you as follows:—
(1) That you revoke the
appointment as Forest Inspectors those officers of the National Forest Service
named in Attachment 'A'; and
(2) That you appoint as
Forest Inspectors those officers of the National Forest Service named in
Attachment 'B'.
Dated this . . . day of . . . 20...
___________
For the Board
Form 57.—Instrument of appointment of Forest Inspectors
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 41(2) Form
57
Reg. 60
INSTRUMENT OF APPOINTMENT OF FOREST
INSPECTORS
I, . . . Minister for Forests, by
virtue of the powers conferred by Section 41(2) of the Forestry Act, 1991 and
after having received a recommendation from the Board of the Forest Authority
so to do and all other powers me enabling do hereby:—
*(1) Revoke all appointments of
Forest Inspectors at any time hereinbefore made; and
*(2) Appoint those officers of
the National Forest Service specified in Attachment 'A' as Forest Inspectors.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 58.—Minister's consultation with the Board on
proposed establishment of a State Marketing Agency
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 42(1) Form
58
Reg. 61
MINISTER'S CONSULTATION WITH THE
BOARD ON PROPOSED ESTABLISHMENT OF A STATE MARKETING AGENCY
To: The *Chairman/Deputy Chairman of
the Board
TAKE NOTICE that pursuant to Section
42(1) of the Forestry Act, 1991 I propose to establish:
*(1) within the Authority as a
division of the National Forest Service a State Marketing Agency to carry out
those functions as specified in Section 43 of the Forestry Act, 1991;
*(2) or otherwise (specify).
I require the Board to consult with
me by advising me on my proposal within 14 days of the date of receipt by it of
this Notice.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 59.—Board's advice to Minister for Forests on
proposal by Minister to establish a State Marketing Agency
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 42(1) Form
59
Reg. 62
BOARD'S ADVICE TO MINISTER FOR
FORESTS ON PROPOSAL BY MINISTER TO ESTABLISH A STATE MARKETING AGENCY
To: The Minister for Forests
The Board has considered your
proposal dated the . . . day of . . . to establish a State Marketing Agency.
The Board's advice to you is as
follows:—
(state or attach)
Dated this . . . day of . . . 20...
___________
For the Board
Form 60.—Determination by the Board for the management
staffing and control of the State Marketing Agency established as a division of
the National Forest Service by the Minister for Forests
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 42(2) Form
60
Reg. 63
DETERMINATION BY THE BOARD FOR THE
MANAGEMENT STAFFING AND CONTROL OF THE STATE MARKETING AGENCY ESTABLISHED AS A
DIVISION OF THE NATIONAL FOREST SERVICE BY THE MINISTER FOR FORESTS
Pursuant to Section 42(2) of the
Forestry Act, 1991 the Board hereby determines that the State Marketing Agency
established as a division of the National Forest Service by the Minister for
Forests shall be managed, staffed and controlled as follows:
Management:
(insert)
Staffing:
(insert)
Form of Control:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Form 61.—Establishment of a State Marketing Agency as a
division of the National Forest Service by the Minister for Forests/or
otherwise
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 42(1) Form
61
Reg. 63
ESTABLISHMENT OF A STATE MARKETING
AGENCY *AS A DIVISION OF THE NATIONAL FOREST SERVICE BY THE MINISTER FOR
FORESTS/OR OTHERWISE
I, . . . , Minister for Forests by
virtue of the powers conferred by Section 42(1) of the Forestry Act, 1991 and
all other powers me enabling and after having consulted with the Board of the
Forest Authority do hereby establish—
*within the Authority as a division
of the National Forest Service a State Marketing Agency:
*or otherwise:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 62.—Notice to Minister for Finance of Board's
intention to execute a Project Agreement and seeking the Minister for Finance's
approval
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 44(1) Form
62
Reg. 65
NOTICE TO MINISTER FOR FINANCE OF BOARD'S
INTENTION TO EXECUTE A PROJECT AGREEMENT AND SEEKING THE MINISTER FOR FINANCE'S
APPROVAL
To: The Minister for Finance
TAKE NOTICE that the Board intends
to execute a project agreement and to recommend the allocation of a timber
permit over or in relation to the area described in the Forest Management
Agreement.
The area described is as follows:
(specify)
The Boards intentions are as
follows:
(specify)
For the National Forest Board to
execute a . . . project agreement with . . . for the development of the area
described above. The major features of the project area and to be prescribed in
the agreement are attached.
Upon execution of the project
agreement the Board will recommend to the Minister for Forests to grant a
timber permit to . . . in accordance with Section 72 of the Forestry Act.
The Board seeks your approval under
Section 61(2) of the Public Finance Management Act in relation to the Board's
intention to execute the project agreement as set out above.
Dated this . . . day of . . . 20...
___________
For the Board
Form 63.—Minister for Finance's approval for Board to
execute a project agreement
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 44(1) Form
63
Reg. 66
MINISTER FOR FINANCE'S APPROVAL FOR
BOARD TO EXECUTE A PROJECT AGREEMENT
To: The Board
TAKE NOTICE that pursuant to Section
61(2) of the Public Finance Management Act, I hereby give my approval for the
Board to execute a Project Agreement with . . . for the development of the area
described below.
The area described as follows:
(specify)
Dated this . . . day of . . . 20...
_______________
Minister for Finance
Form 64.—Notice to Minister for Finance of Board's
intention to execute a contract and seeking the Minister for Finance's approval
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 44(1) Form
64
Reg. 67
NOTICE TO MINISTER FOR FINANCE OF
BOARD'S INTENTION TO EXECUTE A CONTRACT AND SEEKING THE MINISTER FOR FINANCE'S
APPROVAL
To: The Minister for Finance
TAKE NOTICE that the Board intends
to execute a contract with . . . a copy of which is attached hereto.
Brief Particulars of the Contract
are as follows:—
(specify)
The Board seeks your approval under
Section 61(2) of the Public Finance Management Act in relation to the Board's
intention to execute the contract as described above.
Dated this . . . day of . . . 20...
___________
For the Board
Form 65.—Minister for Finance's approval for Board to
execute a contract
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 44(1) Form
65
Reg. 68
MINISTER FOR FINANCE'S APPROVAL FOR
BOARD TO EXECUTE A CONTRACT
To: The Board
TAKE NOTICE that pursuant to Section
61(2) of the Public Finance Management Act, I hereby give my approval for the
Board to execute a contract with . . .
Dated this . . . day of . . . 20...
_______________
Minister for Finance
Form 66.—Certified National Forest Inventory
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 47(2)(b) Form
66
Reg. 69(4)
CERTIFIED NATIONAL FOREST INVENTORY
I, . . . Chairman of the Board of
the Forest Authority do hereby certify that on the . . . day of . . . 20... the
Board of the Forest Authority resolved that the attached document be the
approved National Forest Inventory and I further certify that the Board
resolved on the same date that it was satisfied that the information contained
in the National Forest Inventory was the best available at that time and was
suitable for inclusion in the said National Forest Inventory and that it
includes particulars as prescribed.
Dated this . . . day of . . . 20...
_________________
Chairman of the Board
Form 67.—Annual statement by the Board of allowable cut
volumes
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 47(2)(c)(iii) Form
67
Reg. 69(6)
ANNUAL STATEMENT BY THE BOARD OF
ALLOWABLE CUT VOLUMES
In accordance with Section
47(2)(c)(iii) of the Forestry Act, 1991 the Board resolved on the . . . day of
. . . 20... that the following is a statement by the Board of allowable cut
volumes, being the amount of allowable cut for each province for the next
succeeding year.
This Statement forms part of the
National Forest Plan and is made as required by the Act to ensure that the
areas of forest resource set out in the Provincial Forest Plans, for present or
future production, are harvested on a sustained yield basis.
"Allowable cut" means the
amount of timber which may be cut annually.
Statement:
(attach)
Dated this . . . day of . . . 20...
________
Chairman
Form 68.—Letter of transmittal of National Forest Plan
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 48 Form
68
Reg. 70
LETTER OF TRANSMITTAL OF NATIONAL
FOREST PLAN
To: The Minister for Forests
Dear Minister
In accordance with the provisions
contained in Section 48 of the Forestry Act, 1991 I submit to you a copy of the
National Forest Plan .
Section 48 of the Forestry Act, 1991
also requires that you table the National Forest Plan in the Parliament.
Yours sincerely
_________________
Chairman of the Board
Dated this . . . day of . . . 20...
Form 69.—Submission of Provincial Forest Plan to Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 50(1) Form
69
Reg. 71
SUBMISSION OF PROVINCIAL FOREST PLAN
TO BOARD
To: The Board
Submitted herewith a copy of the
Provincial Forest Plan prepared pursuant to section 49 of the Forestry Act 1991
by the . . . Provincial Government.
Dated this . . . day of . . . 20...
_____________________________
Chairman of the Committee responsible
for Forestry Functions in the . . .
Provincial Executive Council
Form 70.—Referral by Board to the provincial government of
Provincial Forest Plan
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 50(2) Form
70
Reg. 72
REFERRAL BY BOARD TO THE PROVINCIAL
GOVERNMENT OF PROVINCIAL FOREST PLAN
To the . . . Provincial Government
The Board under Section 50(2) of the
Forestry Act 1991 herewith returns the Provincial Forest Plan submitted by you
and sets out below the details of the inconsistencies that the plan has with
the National Forest Policy and/or the National Forestry Development Guidelines.
(Specify the inconsistencies with
the National Forest Policy and/or the National Forestry Development Guidelines).
Dated this . . . day of . . . 20...
___________
For the Board
Form 71.—Re-submission of Provincial Forest Plan to Board
by provincial government
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 50(3) Form
71
Reg. 73
RE-SUBMISSION OF PROVINCIAL FOREST
PLAN TO BOARD BY PROVINCIAL GOVERNMENT
To: The Board
Re-submitted herewith a copy of the
Provincial Forest Plan prepared pursuant to section 49 of the Forestry Act 1991
by the . . . Provincial Government.
Dated this . . . day of . . . 20...
______________________________
Chairman of the Committee responsible
for Forestry Functions in the . . .
Provincial Executive Council
Form 72.—Board's notification to Chairman of the Committee
of the Provincial Executive Council responsible for forestry functions relating
to Provincial Forest Plan
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 51(a) Form
72
Reg. 74
BOARD'S NOTIFICATION TO CHAIRMAN OF
THE COMMITTEE OF THE PROVINCIAL EXECUTIVE COUNCIL RESPONSIBLE FOR FORESTRY
FUNCTIONS RELATING TO PROVINCIAL FOREST PLAN
To: The Chairman of the Committee
responsible for Forestry Functions in the . . . Provincial Executive Council
TAKE NOTICE that the Board has
considered the Provincial Forest Plan submitted to it under Section 50(1) of
the Forestry Act, 1991 and hereby notifies you that it has determined that the
said Plan is consistent with the National Forestry Development Guidelines.
TAKE FURTHER NOTICE that under
Section 51(a) of the Forestry Act, 1991 you are now required to table a copy of
the said Plan in the Provincial Assembly.
Dated this . . . day of . . . 20...
___________
For the Board
Form 73.—Letter of transmittal of Provincial Forest Plan
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 51(b) Form
73
Reg. 75
LETTER OF TRANSMITTAL OF PROVINCIAL
FOREST PLAN
To: The Minister for Forests
Dear Minister
In accordance with the provisions
contained in Section 51(b) of the Forestry Act, 1991 I submit to you a copy of
the . . . Provincial Forest Plan.
Yours sincerely
___________
For the Board
Dated this . . . day of . . . 20...
Form 74.—Declaration of restricted area by Managing
Director
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 52 Form
74
Reg. 76
DECLARATION OF RESTRICTED AREA BY
MANAGING DIRECTOR
I . . . , Managing Director of the
Papua New Guinea Forest Authority, by virtue of the powers conferred on me by
section 52 of the Forestry Act 1991 being of the opinion that the area of
forest described hereunder is endangered by hazardous fire conditions hereby
declare such area to be a restricted area on and from the date specified
hereunder.
Description of Restricted Area:
Date on and from specified as a
restricted area: The . . . day of . . . 20...
Period of the restriction:
(specify period or until further
notice)
Dated this . . . day of . . . 20...
_______________
Managing Director
Form 75.—Burning permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 53 Form
75
Reg. 77
BURNING PERMIT
This permit is issued pursuant to
Section 53 of the Forestry Act 1991 and authorizes . . . to ignite and maintain
an open fire in the . . . restricted area at the following location(s)
on the following day(s)—
between the hours of . . . and . . .
subject to such terms and conditions as are set out in Schedule 1.
Dated this . . . day of . . . 20...
___________
Forest Officer
Schedule 1—terms and conditions
1. The permit
holder, having ignited or maintained any fire under this permit, shall not
leave such fire unattended temporarily or otherwise without completely extinguishing
the fire.
(Add any
special terms and conditions attaching to the permit)
Form 76.—Application for burning permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 53 Form
76
Reg. 78
APPLICATION FOR BURNING PERMIT
To the Managing Director
. . . hereby applies for a burning
permit under Section 53 of the Forestry Act 1991 to ignite and maintain an open
fire within the . . . restricted area at the following location(s)
on the following day(s)—
between the hours of . . . and
The Applicant seeks such permit for
the purpose of
The Applicant proposes to take the
following precautions to avoid the risk of the fire spreading beyond the above
locations.
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ _______________________
Name of person signing . . . Office held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 77.—Approval of Minister for Forests to a Forest
Management Agreement
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 56(2) Form
77
Reg. 80
APPROVAL OF MINISTER FOR FORESTS TO
A FOREST MANAGEMENT AGREEMENT
To: *Chairman/Deputy Chairman
Pursuant to Section 56(2) of the
Forestry Act, 1991 I hereby approve the executed Forest Management Agreement
dated the . . . day of . . . 20... between the customary owners of the Forest
Resource area as described below and the Authority.
Forest Resource Area:
(describe briefly)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 78.—Board request to the Minister to approve a Forest
Management Agreement
INDEPENDENT STATE OF PAPUA NEW GUINEA
Forestry Act 1991.
Act, Sec. 56(2) Form
78
Reg. 81
BOARD REQUEST TO THE MINISTER TO
APPROVE A FOREST MANAGEMENT AGREEMENT
To: The Minister for Forests
Pursuant to Section 56(2) of the
Forestry Act 1991 the Board hereby requests you to approve the attached Forest
Management Agreement which has been executed by the customary owners and the
Authority in respect of the forest resource area described below.
Forest Resource Area:
(describe briefly)
Dated this . . . day of . . . 20...
___________
For the Board
Form 79.—Certificate from Provincial Forest Management
Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 58 Form
79
Reg. 82
CERTIFICATE FROM PROVINCIAL FOREST
MANAGEMENT COMMITTEE
I hereby certify that the . . .
Provincial Forest Management Committee established under Section 21 of the Forestry
Act 1991 in respect of the . . . Province, having inquired into the matter,
is satisfied as to—
(a) the authenticity of the tenure of
the customary land alleged by the persons or land group or groups claiming to
be the customary owners in respect to that land described as being held by them
in the within Forest Management Agreement; and
(b) the willingness of the customary
owners to enter into this Agreement.
Signed pursuant to a resolution of,
and on behalf of, the said Committee this . . . day of . . . 20... by its
Chairman.
_______________ ________
(Name of Chairman) (Signature)
Form 80.—Notice of Boards intentions in recommending the
allocation of a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 59 Form
80
Reg. 83
NOTICE OF BOARDS INTENTIONS IN
RECOMMENDING THE ALLOCATION OF A TIMBER PERMIT
To: The Customary Owners who are
parties to the Forest Management Agreement;
And To: The Provincial Government;
And To: The Member or Members of
Parliament for the Province and the electorate or electorates in which the area
covered by the Agreement is situated.
Take notice that the Board under
Section 59 of the Forestry Act, 1991 is required to consult with you in
relation to the intentions of the Board in recommending the allocation of a
timber permit over or in relation to the area described in the Forest
Management Agreement.
The area described is as follows:
(specify)
The Boards intentions are as
follows:—
(specify)
The Board seek your views in
relation to the Boards intentions as set out above.
The Board requests that you provide
to it your views within 14 days of the date hereof.
Dated this . . . day of . . . 20...
___________
For the Board
Form 81.—Board direction to National Forest Service or a
contractor to carry out a development options study over a proposed project
area
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 62(1) Form
81
Reg. 84
BOARD DIRECTION TO NATIONAL FOREST
SERVICE OR A CONTRACTOR TO CARRY OUT A DEVELOPMENT OPTIONS STUDY OVER A
PROPOSED PROJECT AREA
To: *The Managing Director,
National Forest Service; or
*. . . Contractor
Pursuant to Section 62(1) of the
Forestry Act, 1991 the Board has determined that there be carried out a
development option study over the proposed project area referred to below.
Project Area:
(Describe)
The Board directs that the
Development Options Study provide the following information:
1. Inventory of the forest
resource in the Project Area; and
2. Feasible options for
development of the area; and
3. Report on investigation
of means of landowner participation in such development; and
4. Possible environmental
and social impacts of such development; and
5. In respect of any forest
products to be harvested from the area—the feasibility of local processing and
marketing prospects generally.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
N.B.: In accordance with
Section 62(3)(b) you are advised that the development options study shall be
carried out in accordance with directions given by the appropriate Provincial
Forest Management Committee
Form 82.—Board request to Provincial Forest Management
Committee to give directions to the Board on the carrying out of a development
options study
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 62(3)(b) Form
82
Reg. 85
BOARD REQUEST TO PROVINCIAL FOREST
MANAGEMENT COMMITTEE TO GIVE DIRECTIONS TO THE BOARD ON THE CARRYING OUT OF A
DEVELOPMENT OPTIONS STUDY
To: The . . . Provincial Forest
Management Committee
TAKE NOTICE that the Board pursuant
to Section 62(1) of the Forestry Act, 1991 is required to arrange for a
development options study for the forest development project described below
and which is required to be carried out in accordance with any directions given
by you under Section 62(3)(b) of the Forestry Act.
AND TAKE FURTHER NOTICE that you are
hereby required to give to the Board any directions relating to the carrying
out of the development options study.
Forest Development Project:
(insert)
Dated this . . . day of . . . 20...
___________
For the Board
Note: The Provincial Forest
Management Committee should use Form 83 in responding to this Notice.
Form 83.—Directions to the Board from the Provincial
Forest Management Committee on development options study
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 62(3)(b) Form
83
Reg. 86
DIRECTIONS TO THE BOARD FROM THE
PROVINCIAL FOREST MANAGEMENT COMMITTEE ON DEVELOPMENT OPTIONS STUDY
To: The Board
The . . . Provincial Forest
Management Committee under Section 62(3)(b) of the Forestry Act, 1991 hereby
directs that the development options study for the forest development project
described below be carried out in accordance with the directions set out below.
Forest Development Project:
(insert)
Directions:
(insert)
(if none state—NIL)
Dated this . . . day of . . . 20...
____________________
For . . . Provincial Forest
Management Committee
Form 84.—Provision of development options study to the
Minister and the Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 62(4) Form
84
Reg. 87
PROVISION OF DEVELOPMENT OPTIONS
STUDY TO THE MINISTER AND THE PROVINCIAL FOREST MANAGEMENT COMMITTEE
To: The Minister for Forests
And To: The . . .Provincial Forest
Management Committee
The attached Development Options
study in respect of the undermentioned proposed project area has been carried
out by the *National Forest Service/a contractor of the Board and such
Development Option Study is provided to you as required by Section 62(4) of the
Forestry Act 1991.
Development Options Study:
(attach)
Proposed project area:
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 85.—Submission to Board of draft project guidelines
by Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 63(2) Form
85
Reg. 88
SUBMISSION TO BOARD OF DRAFT PROJECT
GUIDELINES BY PROVINCIAL FOREST MANAGEMENT COMMITTEE
To: The Board
The . . . Provincial Forest
Management Committee in consultation with the owners of the forest resource the
subject of the forest development project described below and the . . .
Provincial Government herewith submit to the Board under Section 63(2) of the
Forestry Act, 1991 draft project guidelines for the Board's review.
Forest Development Project:
(describe)
Draft Project Guidelines:
(attached)
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
Form 86.—Board's issuance of final project guidelines for
forest development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 63(2) Form
86
Reg. 89
BOARD'S ISSUANCE OF FINAL PROJECT
GUIDELINES FOR FOREST DEVELOPMENT PROJECT
The Board having received the draft
project guidelines submitted to it by the undermentioned Provincial Forest
Management Committee pursuant to Section 63(2) the Forestry Act 1991 herewith
issues final project guidelines for the forest development project referred to
hereunder.
Provincial Forest Management
Committee:
Forest Development Project:
Final Project Guidelines:
(attached)
Dated this . . . day of . . . 20...
___________
For the Board
Form 87.—Registration of expression of interest in a
forest development project and project proposal
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 66 Form
87
Reg. 90
REGISTRATION OF EXPRESSION OF
INTEREST IN A FOREST DEVELOPMENT PROJECT AND PROJECT PROPOSAL
To: The Managing Director
. . . a registered forest industry
participant (Reg. No. . . .) hereby registers its expression of interest in
respect to the advertised Tender No.: . . . AND hereby makes the accompanying
proposals under Section 66 of the Forestry Act 1991 in respect of a forest
development project advertised under Section 64 of the Forestry Act, 1991 and
described as below.
Also accompanying this proposal are:
(1) Particulars in accordance
with Regulation 95;
(2) A cheque in favour of the
Papua New Guinea Forest Authority in the sum prescribed in Schedule 3 of the
Forestry Regulations by way of project proposal lodgement fee.
Forest Development Project:
(describe)
Project Proposal Particulars:
(attach)
Dated this . . . day of . . . 20...
__________________
Signed on behalf of
the forest industry participant
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS REGISTRATION OF
EXPRESSION OF INTEREST IN A FOREST DEVELOPMENT PROJECT AND ACCOMPANIED PROJECT
PROPOSAL MUST BE LODGED TOGETHER IN ACCORDANCE WITH THE MANNER AND PROCEDURES
DETERMINED BY THE BOARD AND AS SET OUT IN THE PUBLIC ADVERTISEMENT CALLING FOR
TENDERS TO LODGE EXPRESSIONS OF INTEREST IN A FOREST DEVELOPMENT PROJECT AND
PROJECT PROPOSALS.
Form 88.—Invitation by Board to the holder of a timber
permit to lodge an expression of interest and make a project proposal in
respect to an extension of an existing approved operation
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxciv]Act,
Sec. 64(3) Form 88
Reg. 91
INVITATION BY BOARD TO THE HOLDER OF
A TIMBER PERMIT TO LODGE AN EXPRESSION OF INTEREST AND MAKE A PROJECT PROPOSAL
IN RESPECT TO AN EXTENSION OF AN EXISTING APPROVED OPERATION.
To: . . . a registered forest
industry participant Reg. No.: . . .
The Board has determined that in
accordance with Section 64(3) of the Act that the Forest Development Project
described below should be extension of an existing approved operation.
Pursuant to Section 64(4) of the Act
the Board hereby invites you to lodge an expression of interest and make a
project proposal in accordance with Section 66 of the Act in Form 92 in respect
to the Forest Development Project.
Forest Development Project:
(describe)
Dated this . . . day of . . . 20...
___________
For the Board.
Form 89.—Application to the Board by the holder of a
timber permit to approve a forest development project as an extension of an
existing approved operation
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 64(3) Form
89
Reg. 92
APPLICATION TO THE BOARD BY THE
HOLDER OF A TIMBER PERMIT TO APPROVE A FOREST DEVELOPMENT PROJECT AS AN
EXTENSION OF AN EXISTING APPROVED OPERATION
To: The Board
. . . a registered forestry industry
participant Reg No.: . . . and being the holder of the timber permit referred
to below hereby makes application to the Board to approve the forest
development project described below as an extension of an existing approved
operation as described hereunder.
The grounds submitted to the Board
for an extension are as attached.
Timber Permit:
(describe)
Forest development project:
(describe)
Applicants Existing approved
operation:
(describe)
Grounds for extension:
(attach)
Enclosed with this application is a
cheque in favour of the Papua New Guinea Forest Authority in the sum prescribed
in Schedule 3 of the Forestry Regulations by way of application fee.
Dated this . . . day of . . . 20...
_______
Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
NATIONAL CAPITAL DISTRICT
Form 90.—Grant or refusal of grant of permission to carry
out feasibility study
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 65 Form
90
Reg. 93
GRANT OR REFUSAL OF GRANT OF
PERMISSION TO CARRY OUT FEASIBILITY STUDY
To: . . .
I *am/am not satisfied that the
condition of registration of the applicant is appropriate to the project.
Notice is accordingly hereby given
under Section 65 of the Forestry Act 1991 of my *permission/refusal to grant
permission to . . . *a registered forest industry participant (Reg. No. . . .);
or a registered forest industry consultant (Reg. No. . . .) engaged by . . . a
registered forest industry participant (Reg. No . . .) to enter the project
area described below for the purposes only of carrying out the following which
relate to the project:—
*(a) feasibility studies; and
*(b) appraisal of the forest
resources; and
*(c) other preparatory work as
follows:
(specify)
Project Area:
(describe)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 91.—Application to carry out feasibility studies
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 65 Form
91
Reg. 94
APPLICATION TO CARRY OUT FEASIBILITY
STUDIES
To: Managing Director
. . . a registered forest industry
participant (Reg. No. . . .) hereby applies under Section 65 of the Forestry
Act 1991 for permission for *itself/or for . . . a registered forest industry
consultant (Reg. No. . . .) engaged by it to enter the project area described
below for the purposes of carry out:—
(a) feasibility studies; and
(b) appraisal of the forest resources;
and
(c) other preparatory work (as
detailed below) relating to the project.
The Project Area:
(describe)
Other preparatory work:
(describe)
A cheque in favour of the Papua New
Guinea Forest Authority in the sum prescribed in Schedule 3 of the Forestry
Regulations by way of application fee is attached.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 92.—Registration of expression of interest in a
forest development project and project proposal which relates to an extension
of an existing approved operation
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 66 Form
92
Reg. 95
REGISTRATION OF EXPRESSION OF
INTEREST IN A FOREST DEVELOPMENT PROJECT AND PROJECT PROPOSAL WHICH RELATES TO
AN EXTENSION OF AN EXISTING APPROVED OPERATION
To: The Managing Director
. . . a registered forest industry
participant (Reg. No. . . .) hereby registers its expression of interest in
respect to a forest development project which is an extension of an existing
approved operation and hereby makes the accompanying proposals under Section 66
of the Forestry Act 1991 in respect of a forest development project described
below which has been exempted from the requirement for advertisement for open
tender under Section 64(3) of the Forestry Act, 1991.
Also accompanying this proposal are:
(1) Particulars in accordance
with the Regulations; and
(2) A cheque in favour of the
Papua New Guinea Forest Authority in the sum prescribed in Schedule 3 of the
Forestry Regulations by way of project proposal lodgement fee.
Forest Development Project:
(describe)
Project Proposal Particulars:
(attach)
Dated this . . . day of . . . 20...
_______________
Signed on behalf of
the forest industry participant
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THE REGISTRATION OF EXPRESSION
OF INTEREST AND ACCOMPANIED PROJECT PROPOSAL MUST BE LODGED TOGETHER WITH THE
MANAGING DIRECTOR AND IN ACCORDANCE WITH THE REGULATIONS.
Form 93.—Reference of project proposals to Provincial
Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 67 Form
93
Reg. 96
REFERENCE OF PROJECT PROPOSALS TO
PROVINCIAL FOREST MANAGEMENT COMMITTEE
To the . . . Provincial Forest
Management Committee
The attached Project Proposals in
respect of the undermentioned Forest Development Project have been lodged by
the registered forest industry participant referred to hereunder. Such
proposals are referred to the Committee for evaluation in accordance with
Section 67 of the Forestry Act 1991.
The Provincial Forest Management
Committee is required under Section 67(3) of the Act to obtain the assistance
of the National Forest Service and of any relevant Department in making an
evaluation under Section 67 of the Forestry Act, 1991.
Forest Development Project:
Registered Forest Industry
Participants:
(Reg. No. . . .)
Dated this . . . day of . . . 20...
______________
Managing Director
Form 94.—Provincial Forest Management Committee invitation
to proponent for further information
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 68 Form
94
Reg. 97
PROVINCIAL FOREST MANAGEMENT
COMMITTEE INVITATION TO PROPONENT FOR FURTHER INFORMATION
To: . . .
(insert name of proponent)
The . . . Provincial Forest
Management Committee has evaluated your project proposal in respect to a forest
development project as described below and has determined that your proposal
merits further consideration by the Committee. Pursuant to Section 68 of the
Forestry Act 1991 you are invited to provide to the Committee the further
information as set out below in order that the Committee may clarify or elaborate
on your proposal.
Forest Development Project:
The following further information is
required:
(specify)
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
c.c. The Board
Form 95.—Provincial Forest Management Committee report and
recommendations to the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 69 Form
95
Reg. 98
PROVINCIAL FOREST MANAGEMENT
COMMITTEE REPORT AND RECOMMENDATIONS TO THE BOARD
To the Board
The . . . Provincial Forest
Management Committee being satisfied with:
*(a) its evaluation under Section
67 of the Forestry Act 1991; and
(b) any further evaluation under
Section 68 of the said Act.
hereby submits its report of its
evaluation under Section 69 of the Act.
(Attach report of the Provincial
Forest Management Committee's Evaluation)
The Committee's recommendation as to
the proponents (if any) with whom further negotiations should proceed are: (specify)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
Form 96.—Boards consultation with Minister for Forests on
report and recommendations of a Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 70(1)(a) Form
96
Reg. 99
BOARDS CONSULTATION WITH MINISTER
FOR FORESTS ON REPORT AND RECOMMENDATIONS OF A PROVINCIAL FOREST MANAGEMENT
COMMITTEE
To: The Minister for Forests
TAKE NOTICE that pursuant to Section
70(1)(a) of the Forestry Act, 1991 the Board provides to you herewith the
report and recommendations of the . . . Provincial Forest Management Committee
in respect to the forest development project described below in relation to the
evaluations carried out by it.
The Board has considered the said
report and recommendations and the Board's views are as stated hereunder.
Pursuant to Section 70(1)(a) of the
Forestry Act, 1991 the Board is now required to consult with you on the
Provincial Forest Management Committee's report and recommendations and on the
Boards views as stated hereunder. You are requested to provide to the Board
within 14 days of the date of receipt by you of this Notice your views on the
said report and recommendations and on the Board's views.
Forest Development Project:
(describe)
Provincial Forest Management
Committee's report and recommendations:
(attach)
Board's views on the Report and
Recommendations:
(attach)
Dated this . . . day of . . . 20...
___________
For the Board
Form 97.—Minister for Forests views on Provincial Forest
Management Committee's report and recommendations and on the Boards views
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 70(a) Form
97
Reg. 100
MINISTER FOR FORESTS VIEWS ON
PROVINCIAL FOREST MANAGEMENT COMMITTEE'S REPORT AND RECOMMENDATIONS AND ON THE
BOARDS VIEWS
To: The Board
TAKE NOTICE that pursuant to Section
70(a) of the Forestry Act, 1991 my views on the report and recommendation
relating to the Forest Development Project described below and submitted to the
Board by the . . . Provincial Forest Management Committee under Section 69 of
the Forestry Act, 1991 and my views of the Boards comments on the said report
and recommendations submitted to me under Section 70(a) of the Forestry Act,
1991 are as set out hereunder.
Forest Development Project:
(describe)
Ministers views:
(state)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 98.—Board directions to the Provincial Forest
Management Committee on project agreements
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 70 Form
98
Reg. 101
BOARD DIRECTIONS TO THE PROVINCIAL
FOREST MANAGEMENT COMMITTEE ON PROJECT AGREEMENTS
To the . . . Provincial Forest
Management Committee
The Board under Section 70 of the
Forestry Act 1991 hereby directs the . . . Provincial Forest Management
Committee to enter into further negotiations with the proponents named
hereunder (if any) with a view to negotiating a project agreement in respect of
the project referred to hereunder. Comments (if any) of the Minister are
referred to below.
Proponents:
Project:
Minister's Comments:
(Attach or advise any comments by
the Minister for Forests)
Dated this . . . day of . . . 20...
___________
For the Board
Form 99.—Board recommendation to the Provincial Forest
Management Committee on the parameters within which negotiations should be
conducted and recommendations on the composition of a negotiating committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 70(1)(c) and (d) Form
99
Reg. 102
BOARD RECOMMENDATION TO THE
PROVINCIAL FOREST MANAGEMENT COMMITTEE ON THE PARAMETERS WITHIN WHICH
NEGOTIATIONS SHOULD BE CONDUCTED AND RECOMMENDATIONS ON THE COMPOSITION OF A
NEGOTIATING COMMITTEE
To: The Chairman—. . . Provincial
Forest Management Committee
TAKE NOTICE that pursuant to Section
70(1)(c) and (d) of the Forestry Act, 1991 the Board recommends to the . . .
Provincial Forest Management Committee that in respect to the forest
development project described below the parameters within which such
negotiations should be conducted and the composition of a negotiating committee
should be as set out hereunder.
The Board requires that the
Provincial Forest Management Committee provide to the Board its views on the
above recommendations within 14 days of the receipt of this Notice.
Forest Development Project:
(specify)
Parameters:
(attach)
Composition of negotiating
Committee:
(specify)
Dated this . . . day of . . . 20...
__________________
Chairman of the Board
Form 100.—Provincial Forest Management Committee's
confirmation to the Board on the parameters within which negotiations are to be
conducted and of the composition of a negotiating committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 70(1)(c) and (d) Form
100
Reg. 103
PROVINCIAL FOREST MANAGEMENT
COMMITTEE'S CONFIRMATION TO THE BOARD ON THE PARAMETERS WITHIN WHICH
NEGOTIATIONS ARE TO BE CONDUCTED AND OF THE COMPOSITION OF A NEGOTIATING
COMMITTEE
To: The Chairman of the Board
TAKE NOTICE that pursuant to Section
70(1)(c) and (d) of the Forestry Act, 1991 the . . . Provincial Forest
Management Committee confirms in respect to the forest development project
described below the Board's recommendations dated the . . . day of . . . 20...
of the parameters within which such negotiations should be conducted and the
composition of a negotiating committee.
Forest Development Project:
(specify)
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
Form 101.—Confirmation by the Board to the Provincial
Forest Management Committee of the parameters within which negotiations shall
be conducted and on the composition of a negotiating committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 70(1)(c) and (d) Form
101
Reg. 104
CONFIRMATION BY THE BOARD TO THE
PROVINCIAL FOREST MANAGEMENT COMMITTEE OF THE PARAMETERS WITHIN WHICH
NEGOTIATIONS SHALL BE CONDUCTED AND ON THE COMPOSITION OF A NEGOTIATING
COMMITTEE
To: The Chairman—. . . Provincial
Forest Management Committee
TAKE NOTICE that pursuant to Section
70(1)(c) and (d) of the Forestry Act, 1991 the Board, after having reached an
agreement with you, hereby confirms that in respect to the forest development
project described below the parameters within which such negotiations shall be
conducted and the composition of a negotiating committee are as set out
hereunder.
Forest Development Project:
(specify)
Parameters:
(attach)
Composition of negotiating
Committee:
(specify)
Dated this . . . day of . . . 20...
_________________
Chairman of the Board
Form 102.—Advice to Board by Provincial Forest Management
Committee that negotiations in respect to a project agreement have failed
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 71 & 72 Form
102
Reg. 105
ADVICE TO BOARD BY PROVINCIAL FOREST
MANAGEMENT COMMITTEE THAT NEGOTIATIONS IN RESPECT TO A PROJECT AGREEMENT HAVE
FAILED
To the Board
The Provincial Forest Management
Committee hereby advises you that it is unable to submit to you as required by
Section *71/72 of the Forestry Act, 1991 a *final draft/final further draft of
a Project Agreement in respect to the Forest Development Project described
below as negotiations between it and the proponent named below have collapsed
for the reasons as stated below.
Forest Development Project:
(describe)
Name of Proponent:
(state)
Reasons why negotiations have
failed:
(specify)
Dated this . . . day of . . . 20...
*Delete whichever is inapplicable
___________________
For . . . Provincial Forest
Management Committee
Form 103.—Submission of final draft of project agreement
by Provincial Forest Management Committee to the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 71 Form
103
Reg. 106
SUBMISSION OF FINAL DRAFT OF PROJECT
AGREEMENT BY PROVINCIAL FOREST MANAGEMENT COMMITTEE TO THE BOARD
To the Board
The . . . Provincial Forest
Management Committee under Section 71 of the Forestry Act 1991 submits herewith
the final draft of the Project Agreement.
(Attach final draft of Project
Agreement)
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
Form 104.—Board's recommendation to the Minister to grant
a timber permit
INDEPENDENT STATE OF PAPUA NEW GUINEA
Forestry Act 1991.
Act, Sec. 72 Form
104
Reg. 107
BOARD'S RECOMMENDATION TO THE
MINISTER TO GRANT A TIMBER PERMIT
To the Minister for Forests
The Board hereby recommends pursuant
to Section 72(1)(b)(ii) of the Forestry Act 1991 that you grant a Timber Permit
to the person named hereunder with whom a Project Agreement has been entered
into, details of which are set out hereunder.
Proposed Permit-Holder:
(Reg. No. . . .)
Project Agreement:
(attach copy)
Timber Permit:
(Attach draft)
Dated this . . . day of . . . 20...
___________
For the Board
Form 105.—Referral from the Board to the Provincial Forest
Management Committee of draft project agreement
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 72 Form
105
Reg. 108
REFERRAL FROM THE BOARD TO THE
PROVINCIAL FOREST MANAGEMENT COMMITTEE OF DRAFT PROJECT AGREEMENT
To the . . . Provincial Forest
Management Committee
The Board pursuant to Section
72(1)(c) of the Forestry Act 1991 not being satisfied that the project agreement
makes adequate provision for all aspects of the project herewith returns the
draft Project Agreement described hereunder and sets out below the details of
the matters therein requiring further negotiation.
Draft Project Agreement:
(attach)
The following details are the
matters requiring further negotiation:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Form 106.—Submission to Board of further final draft of
project agreement by Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 72 Form
106
Reg. 109
SUBMISSION TO BOARD OF FURTHER FINAL
DRAFT OF PROJECT AGREEMENT BY PROVINCIAL FOREST MANAGEMENT COMMITTEE
To the Board
The . . . Provincial Forest
Management Committee pursuant to Section 72(2) of the Forestry Act 1991 and
after having carried out further negotiations as were necessary submits
herewith a further final draft of the Project Agreement for consideration by
the Board.
Draft Project Agreement:
(attach)
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
Form 107.—Minister's invitation to a person to make an
application for a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 73, 75 Form
107
Reg. 110
MINISTER'S INVITATION TO A PERSON TO
MAKE AN APPLICATION FOR A TIMBER PERMIT
To . . . a registered forest
industry participant (Reg. No. . . .)
You are invited to make an
application in the prescribed form for the grant of a timber permit under
Section 77 of the Forestry Act in respect of the project agreements described
below.
Project Agreement:
(Describe)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
c.c. The Board
NOTE: AN APPLICATION FOR A TIMBER
PERMIT MUST BE IN THE PRESCRIBED FORM AND CONTAIN THE PRESCRIBED PARTICULARS
AND SHOULD BE LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
NATIONAL CAPITAL DISTRICT
Form 108.—Minister's non-acceptance of Board
recommendation to grant a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 73 Form
108
Reg. 111
MINISTER'S NON-ACCEPTANCE OF BOARD
RECOMMENDATION TO GRANT A TIMBER PERMIT
To the Board
I, . . . , Minister for Forests,
under Section 73(4) of the Forestry Act, 1991 advise you that I do not accept
the Board's recommendation made under Section 72(1)(b)(ii) of the Forestry Act,
1991 in respect of the Project Area referred to hereunder for the reasons
appearing herein, and I accordingly refer the matter back to the Board for its
reconsideration.
Project Area:
Reasons:
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 109.—Boards final recommendation to Minister to grant
a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 74 Form
109
Reg. 112
BOARDS FINAL RECOMMENDATION TO
MINISTER TO GRANT A TIMBER PERMIT
To the Minister for Forests
The Board under Section 74 of the
Forestry Act, 1991 makes the following final recommendation in respect of the
within Project Area described below.
Project Area:
Recommendation:
(set out or attach recommendation)
Dated this . . . day of . . . 20...
___________
For the Board
Form 110.—Minister for Forests referral of Board
recommendation for a grant of a timber permit to National Executive Council
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 75(2) Form
110
Reg. 113
MINISTER FOR FORESTS REFERRAL OF
BOARD RECOMMENDATION FOR A GRANT OF A TIMBER PERMIT TO NATIONAL EXECUTIVE
COUNCIL
To: The Secretary: National
Executive Council
TAKE NOTICE that pursuant to Section
75(2) of the Forestry Act, 1991 I have determined not to accept a final recommendation
from the Board of the Forest Authority to grant a timber permit in respect to
the project agreement referred to below to the person named hereunder.
In accordance with Section 75(2) of
the Forestry Act, 1991 I now refer the matter to the National Executive Council
together with the final recommendation of the Board and my reasons for not
accepting the Board's recommendation.
The National Executive Council is
now required under Section 76(1) of the Forestry Act, 1991 to consider the
matter referred to it by me hereto and is required to make a direction to me to
accept or reject the recommendation referred to hereunder.
Project Agreement:
(attach)
Person Named:
Other Papers (if any):
(attach)
Recommendations of the Board:
(attach)
Reasons for not accepting Boards
Recommendation:
(attach)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 111.—Direction of National Executive Council to the
Minister for Forests to accept the recommendation of the Board of the Forest
Authority to grant a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 76 Form
111
Reg. 114
DIRECTION OF NATIONAL EXECUTIVE
COUNCIL TO THE MINISTER FOR FORESTS TO ACCEPT THE RECOMMENDATION OF THE BOARD
OF THE FOREST AUTHORITY TO GRANT A TIMBER PERMIT
To: The Minister for Forests
TAKE NOTICE that in accordance with
a decision the National Executive Council made on the . . . day of . . . 20...
and made pursuant to Section 76(1) of the Forestry Act, 1991 you are hereby
directed to accept the recommendation of the Board of the Forest Authority to
grant a timber permit to the proponent listed below.
*AND TAKE FURTHER NOTICE that the
National Executive Council under Section 76(3) directs that you comply with
certain requirements (if any) as specified hereunder.
You are now required pursuant to
Section 76(2) of the Forestry Act, 1991 to comply with Council's direction and
to advise the Board of the Forest Authority of Councils directions.
Name of Proponent:
(specify)
*Requirements to be complied with
pursuant to Section 76(3) of the Forestry Act, 1991:
(If none, state NIL, otherwise,
specify)
Dated this . . . day of . . . 20...
________
Chairman
National Executive Council
Form 112.—Direction of National Executive Council to the
Minister for Forests to reject the recommendation of the Board of the Forest
Authority to grant a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 76 Form
112
Reg. 115
DIRECTION OF NATIONAL EXECUTIVE
COUNCIL TO THE MINISTER FOR FORESTS TO REJECT THE RECOMMENDATION OF THE BOARD
OF THE FOREST AUTHORITY TO GRANT A TIMBER PERMIT
To: The Minister for Forests
TAKE NOTICE that in accordance with
a decision the National Executive Council made on the . . . day of . . . 20...
you are hereby directed pursuant to Section 76 of the Forestry Act, 1991 you
are hereby directed as follows:
1. To reject the
recommendations of the Board of the Forest Authority to grant a timber permit
to the proponent listed below;
2. *To refer the
matter back to the Board of the Forest Authority to renegotiate such terms and
conditions in the project agreement executed under Section 72(1)(b)(i) as are
specified below; and
*To re-advertise
the forest development project under Section 64 of the Forestry Act, 1991 and
take action thereafter in the manner required under Division 5 of the Forestry
Act, 1991; and
3. To comply with
Council's directions as to other requirements as set out below; and
4. To advise the
Board of the Forest Authority of Councils direction.
Name of Proponent:
(specify)
*Requirements to be complied with
pursuant to Section 76(3) of the Forestry Act, 1991:
(specify)
*Terms and Conditions of the Project
Agreement to be renegotiated:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______
Chairman
National Executive Council
Form 113.—Minister's advice to the Board of National
Executive Council's direction to the Minister for Forests to accept the
recommendation of the Board of the Forest Authority to grant a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 76 (2)(b) Form
113
Reg. 116
MINISTER'S ADVICE TO THE BOARD OF
NATIONAL EXECUTIVE COUNCIL'S DIRECTION TO THE MINISTER FOR FORESTS TO ACCEPT
THE RECOMMENDATION OF THE BOARD OF THE FOREST AUTHORITY TO GRANT A TIMBER
PERMIT
To: The Chairman of the Board
TAKE NOTICE that in accordance with
Section 76(2)(b) of the Forestry Act, 1991 I am required to advise you of the
National Executive Councils decision made on the . . . day of . . . 20... and
so made pursuant to Section 76(1) of the Forestry Act, 1991; Council's decision
is as follows:
1. I have been
directed to accept the recommendation of the Board of the Forest Authority to
grant a timber permit to the proponent listed below.
2. I have been
directed under Section 76(3) of the Forestry Act, 1991 to comply with certain
requirements (if any) as specified hereunder.
I am now required to proceed in the
manner required by Section 71(1) of the Forestry Act, 1991.
Name of Proponent:
(specify)
*Requirements to be complied with
pursuant to Section 76(3) of the Forestry Act, 1991:
(If none, state NIL, otherwise,
specify)
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 114.—Minister's advice to the Board of National
Executive Councils direction to the Minister for Forests to reject the
recommendation of the Board of the Forest Authority to grant a timber permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 76 (2)(b) Form
114
Reg. 117
MINISTER'S ADVICE TO THE BOARD OF
NATIONAL EXECUTIVE COUNCILS DIRECTION TO THE MINISTER FOR FORESTS TO REJECT THE
RECOMMENDATION OF THE BOARD OF THE FOREST AUTHORITY TO GRANT A TIMBER PERMIT
To: The Minister for Forests
TAKE NOTICE that in accordance with
Section 76(2)(b) of the Forestry Act, 1991 I am required to advise you of the
National Executive Councils decision made on the . . . day of . . . 20... and
so made pursuant to Section 76(1) of the Forestry Act, 1991 is as follows:
1. I have been
directed to reject the recommendations of the Board of the Forest Authority to
grant a timber permit to the proponent listed below; and
2. *I have been
directed to refer the matter back to the Board of the Forest Authority to renegotiate
such terms and conditions in the project agreement executed under Section
72(1)(b)(i) as are specified below;
*I have been
directed to re-advertise the forest development project under Section 64 of the
Forestry Act, 1991 and take action thereafter in the manner required under
Division 5 of the Forestry Act, 1991; and
3. I have been
directed to comply with Council's directions as to other requirements (if any)
as set out below.
Name of Proponent:
(specify)
*Requirements to be complied with
pursuant to Section 76(3) of the Forestry Act, 1991:
(specify)
*Terms and Conditions of the Project
Agreement to be renegotiated:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 115.—Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 73 Form
115
Reg. 118
TIMBER PERMIT
Permit No.
I, . . . , Minister for Forests, by
virtue of the powers conferred by Section 73 of the Forestry Act 1991 and all
other powers me enabling, grant a timber permit to . . . (in this permit
referred to as "the holder").
This permit relates to the project
area described in Schedule 1. Pursuant to or as conditions of this permit:
(1) the amount of
allowable cut is as specified in Schedule 2;
(2) the term is as
specified in Schedule 3 or no more than the term of any Forest Management
Agreement relating to the project area (whichever is less);
(3) where the term
specified in paragraph (2) and Schedule 3 exceeds ten years, the term and
conditions of this permit shall be reviewed by the Board on the expiry of ten
years and on the expiry of every successive period of five years;
(4) the rates of
royalties, levies and charges to be paid are as specified in Schedule 4;
(5) the
infrastructural requirements of this permit are as specified in the
accompanying conditions or in Schedule 5;
(6) this permit is
subject to the provision of a performance bond for an amount specified in
Schedule 6 which the holder shall lodge within 14 days with the Authority;
(7) this permit
relates to the project agreement specified in Schedule 7;
(8) this permit is
subject to the conditions prescribed in the Regulations;
(9) this permit is
subject to and conditional upon the holder throughout the period of the permit,
observing and complying with all standards and practices as determined from
time to time by the Authority including but not limited to the P.N.G. Logging
Code of Practice, Procedures for Exporting Logs and Procedures for the
identification, scaling and reporting (including royalty self-assessment) on
logs harvested from Natural Forest Logging operations or any revisions or
replacement documents thereof.
Dated this . . . day of . . . 20...
_______________
Minister for Forests
NOTE: A PROJECT STATEMENT UNDER
SECTION 100 OF THE ACT, A FIVE YEAR WORKING PLAN UNDER SECTION 101 OF THE ACT,
AND AN ANNUAL LOGGING PLAN UNDER SECTION 102 OF THE ACT ARE REQUIRED TO BE
SUBMITTED TO THE BOARD IN THE PRESCRIBED FORM BEFORE ANY RIGHTS IN THE TIMBER
PERMIT MAY BE EXERCISED.
SCHEDULE 1
(Identify the project area)
SCHEDULE 2
(Specify the amount of allowable
cut)
SCHEDULE 3
This permit shall be for a term of .
. . years commencing on the . . . 20...
SCHEDULE 4
(Specify the rate of royalties,
levies and charges to be paid)
SCHEDULE 5
(Specify any requirements for the
construction and/or use of roads, bridges and other infrastructural
requirements)
SCHEDULE 6
The amount of the performance bond
shall be K . . . .
SCHEDULE 7
(Identify the project agreement
under Section 72(1)(b)(i) to which the permit relates)
Form 116.—Application for Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 77 Form
116
Reg. 119
APPLICATION FOR TIMBER PERMIT
. . . a registered forest industry
participant (Reg. No. . . .) hereby applies for a timber permit under Section
77 of the Forestry Act 1991 relating to the project agreement entered into
between it and the Papua New Guinea Forest Authority dated the . . . day of . .
. 20..., in respect of the . . . project area.
Enclosed with this application are
the following—
(a) a cheque in favour
of the Papua New Guinea Forest Authority in the sum prescribed in Schedule 3 of
the Forestry Regulations by way of application fee;
(b) an environmental
plan relating to proposed activities under the permit sought which has been
approved—
* by the Minister under S.4 of the Environmental
Planning Act 1978
* by the National Executive Council
under S.18 of the Environmental Planning Act 1978.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 117.—Return of an application for a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 77(1) Form
117
Reg. 120
Date:
TO THE APPLICANT Application
number:
RETURN OF AN APPLICATION FOR A
TIMBER PERMIT
I refer you to your application for
a timber permit made under Section 77(1) of the Forestry Act, 1991 and dated
the . . . day of . . . 20... and relating to the project agreement dated the .
. . of . . . 20... in respect of the . . . project area.
The application has not been
accepted because
*Application form is not completed
Application fee of K . . . not enclosed
Applicant is not a registered forest industry
participant
Applicant does not hold a valid IPA
certificate
Required information is missing
(specify)
Your Application is returned
herewith for your completion and relodgement.
Yours faithfully
*delete as appropriate
Dated this . . . day of . . . 20...
______________
Managing Director
Form 118.—Timber Permit extension or renewal of the term
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78 Form
118
Reg. 121
TIMBER PERMIT EXTENSION OR RENEWAL
OF THE TERM
Permit No.:
Project Area name:
I, . . . , Minister for Forests, by
virtue of the powers conferred by Section 78 of the Forestry Act 1991 and all
other powers me enabling and after having received a recommendation from the
Board of the Forest Authority, do hereby *grant/refuse to grant—
*an extension of . . . years to the
term )
*a renewal of the term (being a
period of . . . years) )
of the timber permit described above
held by . . . , a registered forest industry participant (Reg. No. . . .) (in
this permit referred to as "the Holder") such that the term of
the permit shall now expire on the . . . day of . . . 20...
*The extension or renewal of the
permit is granted subject to the Act and to the terms and conditions set out in
the original permit save that during the period covered by the extension or
renewal the Holder shall comply with the revised project agreement entered into
between it and the Authority dated the . . . day of . . . 20..., a copy of
which is attached hereto.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
c.c. The Board
Form 119.—Return by Managing Director of application for
extension or renewal of the term a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78(1) Form
119
Reg. 122
TO THE APPLICANT Application
No.:
RETURN BY MANAGING DIRECTOR OF
APPLICATION FOR EXTENSION OR RENEWAL OF THE TERM A TIMBER PERMIT
I refer you to your application
dated the . . . day of . . . 20... for an extension or renewal of the term of
the timber permit No.: . . . which expires on the . . . day of . . . 20...:—
The application has not been
accepted because:
*Application form is not completed
Application fee of K . . . not enclosed
Applicant is not a registered forest
industry participant
Applicant does not hold a valid IPA
certificate
Required information is missing
(specify)
Your Application is returned
herewith for your completion and relodgement.
Yours faithfully
*delete as appropriate
Dated this . . . day of . . . 20...
______________
Managing Director
Form 120.—Application for extension or renewal of term of
Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78 Form
120
Reg. 123
APPLICATION FOR EXTENSION OR RENEWAL
OF TERM OF TIMBER PERMIT
To the Board
. . . a registered forest industry
participant (Reg. No. . . .) hereby applies for—
*an extension of . . . years to the
term
*a renewal of the term (being a
period of . . . years)
of timber permit No. . . . in
respect of the . . . project area.
Enclosed with this application are:
(a) A cheque in favour of the Papua
New Guinea Forest Authority in the sum prescribed in Schedule 3 of the Forestry
Regulations by way of application fee.
(b) A brief submission setting out why
the extension or renewal is desired.
*delete whichever is inapplicable.
Dated this . . . day of . . . 20...
__________________
Signed on behalf of the Applicant
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 121.—Board request to Provincial Forest Management
Committee for a report on Timber Permit extension or renewal
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78 Form
121
Reg. 124
BOARD REQUEST TO PROVINCIAL FOREST
MANAGEMENT COMMITTEE FOR A REPORT ON TIMBER PERMIT EXTENSION OR RENEWAL
To . . . Provincial Forest
Management Committee
An application to extend/renew a
timber permit described hereunder has been made by the holder of a timber
permit described hereunder. Pursuant to Section 78(3) of the Act the Board
hereby requires that you provide to it 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 resource
available in the vicinity of the project area in accordance with sustained
yield management practices.
Timber Permit No.:
(Attach copy of Timber Permit)
Timber Permit Holder:
Project Area Name:
Terms of extension or renewal
sought:
Dated this . . . day of . . . 20...
___________
For the Board
Form 122.—Report to the Board by a Provincial Forest
Management Committee on an application for an extension or renewal of the term
of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78(3) Form
122
Reg. 125
REPORT TO THE BOARD BY A PROVINCIAL
FOREST MANAGEMENT COMMITTEE ON AN APPLICATION FOR AN EXTENSION OR RENEWAL OF
THE TERM OF A TIMBER PERMIT
To: The Chairman of the Board
In accordance with Section 78(3) of
the Forestry Act, 1991 the . . . Provincial Forest Management provides the
following report in relation to timber permit No.: . . . held by . . . in
respect to the Project area described as . . .
(a) The social acceptability of the
holder of the timber permit referred to below in the project area:
(state or attach)
(b) The performance of the holder of
the timber permit referred to below in carrying out the operations authorized
by the timber permit:
(state or attach)
(c) The amount of forest resource
available in the vicinity of the project area in accordance with sustained
yield management practices:
(state or attach)
Dated this . . . day of . . . 20...
______________________
For the . . . Provincial Forest
Management Committee
Form 123.—Rejection by Board of application for extension
or renewal of term of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78(4) Form
123
Reg. 126
TO THE APPLICANT Application
No.:
REJECTION BY BOARD OF APPLICATION
FOR EXTENSION OR RENEWAL OF TERM OF A TIMBER PERMIT
Your application for an extension or
renewal of the term of timber permit No.: . . . has been considered by the
Board in accordance with Section 78(4) of the Forestry Act, 1991.
In accordance with Section 78(3) of
the Forestry Act, 1991 the Board obtained reports from the . . . Provincial
Forest Management Committee. The Reports of the Provincial Forest Management
Committee do not satisfy the Board that there should be an extension or renewal
of the term of the timber permit.
The report did not satisfy the Board
that an extension or renewal of the term should be granted to the following
extent:
(specify)
TAKE NOTICE that the Board has
accordingly determined not to make a recommendation for an extension or renewal
of the term of the above Timber Permit to the Minister.
Dated this . . . day of . . . 20...
___________
For the Board
Form 124.—Recommendation by Board to the Minister for
extension or renewal of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 78(4) Form
124
Reg. 127
RECOMMENDATION BY BOARD TO THE
MINISTER FOR EXTENSION OR RENEWAL OF TIMBER PERMIT
To the Minister for Forests
The Board having received
satisfactory reports under Section 78(3) of the Forestry Act 1991 from the
Provincial Forest Management Committee hereby recommends under Section 78(4) of
the Forestry Act, 1991 an extension/renewal of the term be granted to the
holder of the timber permit as described hereunder and for the period as set
out hereunder.
Timber Permit Holder:
Timber Permit No.:
Project Area Name:
Term of Extension and renewal:
Dated this . . . day of . . . 20...
___________
For the Board
Form 125.—Board notice to a holder of a Timber Permit that
it requires an amendment to a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 79(3) Form
125
Reg. 128
BOARD NOTICE TO A HOLDER OF A TIMBER
PERMIT THAT IT REQUIRES AN AMENDMENT TO A TIMBER PERMIT
To: . . . the holder of timber
permit No.: . . .
TAKE NOTICE that pursuant to Section
79(3) of the Forestry Act, 1991 the Board requires an amendment to the Permit
held by you to the extent as set out hereunder and pursuant to the Section
79(3) of the Forestry Act, 1991 the Board is required to negotiate with you a
mutually agreed amendment to the Timber Permit.
The Board requires that you provide
to it your comments on the proposed amendment within 14 days of date of receipt
of this Notice.
Amendment required to timber permit
(state)
Dated this . . . day of . . . 20...
___________
For the Board
Form 126.—Managing Director's notice of Minister's
approval of transfer of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 81, 83 Form
126
Reg. 129
MANAGING DIRECTOR'S NOTICE OF
MINISTERS APPROVAL OF TRANSFER OF TIMBER PERMIT
Permit No.: . . .
Project Area Name:
To: . . . (the permit holder),
Notice is hereby given under Section
*(81)(1)/83(1) of the Forestry Act 1991 of the Minister's approval of the
transfer of the above permit to . . . ("the Transferee"), a
registered forest industry participant (Reg. No. . . .) with the transfer to
take effect on the . . . day of . . . 20...
Pursuant to Section 81(2) of the
Act, the Minister requires the Transferee to lodge, within a period of . . .
days after the said transfer date, a performance bond in accordance with
Section 98 of the Act, for an amount of K...
NOTE: That if the performance bond
is not lodged within the above period, Section 81(2) of the Forestry Act, 1991
provides that the transfer of the timber permit is null and void and the timber
permit shall be deemed to have been surrendered.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
c.c. The Board
Form 127.—Managing Director's notice of Minister's
approval of surrender of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 81, 83 Form
127
Reg. 130
MANAGING DIRECTOR'S NOTICE OF
MINISTER'S APPROVAL OF SURRENDER OF TIMBER PERMIT
Permit No.:
Project Area Name:
To: . . . a registered forest
industry participant (Reg. No. . . .) ("the permit holder")
Notice is hereby given under Section
*81(1)/83(1) of the Forestry Act 1991 of the Minister's approval of the
surrender of the above permit to take effect on the . . . day of . . . 20...
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
c.c. The Board
Form 128.—Managing Director's notice of Minister's
approval of amendment of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 81, 83 Form
128
Reg. 131
MANAGING DIRECTOR'S NOTICE OF
MINISTER'S APPROVAL OF AMENDMENT OF TIMBER PERMIT
Permit No.: . . .
Project Area Name: . . .
To: . . . a registered forest
industry participant (Reg. No. . . .) ("the permit holder")
Notice is hereby given under
*Section 81(1)/Section 83(1) of the Minister's approval of the amendment of the
above permit to take effect on the . . . day of . . . 20... A copy of the
approved amendments are attached hereto.
(Attach copy of approved amendment)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
c.c. The Board
Form 129.—Application for transfer amendment or surrender
of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 79 Form
129
Reg. 133
APPLICATION FOR TRANSFER AMENDMENT
OR SURRENDER OF TIMBER PERMIT
To the Board
. . . , a registered forest
industry participant (Reg. No. . . .) being the holder of timber permit No . .
. hereby applies for
*the transfer of that Permit to . .
. ("the Transferee") a registered forest industry participant (Reg.
No. . . .) in respect of the project area.
Enclosed with this application are
the following—
(a) a cheque in favour of the Papua
New Guinea Forest Authority in the sum prescribed in Schedule 3 of the Forestry
Regulations by way of application fee; and
(b) a true copy of a deed of assignment
from the Applicant to the Transferee of the Applicant's rights and obligations
under the project agreement entered into between the Applicant and the Papua
New Guinea Forest Authority dated . . . 20..., such assignment being
conditional upon the transfer of this permit to the Transferee; and
(c) a brief submission setting out why
the transfer is desired.
(attach copy of submission)
*the amendment of that permit in the
following respects
(attach copy of amendments sought)
Enclosed with this Application are
the following—
(a) a cheque in favour of the Papua
New Guinea Forest Authority in the sum prescribed in Schedule 3 by way of
application fee; and
(b) a brief submission setting out why
the amendment is desired.
*the surrender of that permit
effective on the . . . day of . . . 20...
(a) a cheque in favour of the Papua
New Guinea Forest Authority in the sum prescribed in Schedule 3 by way of
application fee; and
(b) a brief submission setting out why
the surrender is sought.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
__________________________
Signed on behalf of the Application
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 130.—Return by Managing Director of an application to
transfer/amend or surrender a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 79(1) Form
130
Reg. 134
TO THE APPLICANT Application
No.:
RETURN BY MANAGING DIRECTOR OF AN
APPLICATION TO *TRANSFER/AMEND OR SURRENDER A TIMBER PERMIT
I refer you to your application
dated the . . . day of . . . 20... for *transfer/amendment or surrender of
timber permit No.: . . .
Your application has not been
accepted because
*Application form is not completed
Application fee of K not enclosed
Transferee is not a registered forest
industry participant
Proposed transferee has no valid IPA
certificate
Required information is missing
(specify)
Your application is returned herewith
for your completion and relodgement.
Yours faithfully
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 131.—Board's recommendation to Minister on transfer
amendment surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 80 Form
131
Reg. 135
BOARD'S RECOMMENDATION TO MINISTER
ON TRANSFER AMENDMENT SURRENDER OF A TIMBER PERMIT
To the Minister for Forests
The Board having considered an
application by . . . , a registered forest industry participant (Reg. No. ) and
being the holder of timber permit No. . . . for:
*a transfer to . . . (insert name of
transferee)
*an amendment
*a surrender
of the above timber permit
recommends pursuant to Section 80 of the Forestry Act, 1991 that the
application for *transfer/amendment/surrender be granted in terms of the
application lodged.
A copy of the application is
attached.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 132.—Approval of Minister
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 81 Form
132
Reg. 136
APPROVAL OF MINISTER
To the Board
I, . . . , Minister for Forests
pursuant to Section (81)(1) of the Forestry Act hereby accept the Board's
recommendation dated the . . . day of . . . 20... and made under Section 80 of
the Forestry Act and hereby approve:
*a transfer of the permit to . . . in
respect to the permit described below
(insert name of transferee)
*an amendment to the permit in terms of
the application lodged
*a surrender of the permit in terms of
the application lodged
In the case of a transfer my
approval is subject to and conditional upon the lodgement by the transferee
Named below within 28 days of a performance bond in accordance with Section 98
of the Act for an amount as specified below.
Timber Permit:
Amount of Performance Bond:
K...
(insert N/A if not applicable)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 133.—Minister's referral to Board of application to
transfer amend surrender a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 81 Form
133
Reg. 137
MINISTER'S REFERRAL TO BOARD OF
APPLICATION TO TRANSFER AMEND SURRENDER A TIMBER PERMIT
To the Board
I, . . . , Minister for Forests
pursuant to Section 81(3) of the Forestry Act, 1991 hereby advise you that I do
not accept the Board's recommendation dated the . . . day of . . . 20... and
made under Section 80 of the Forestry Act, 1991 for the
*transfer/amendment/surrender of the timber permit referred to below and held
by the person described below. I refer the application back to the Board for
the reasons appearing hereunder for reconsideration.
Timber Permit Holder:
Reasons for non-acceptance:
*delete whichever is inapplicable
Dated . . . day of . . . 20...
_______________
Minister for Forests
Form 134.—Board's final recommendation to the Minister on
transfer, amendment and surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 82 Form
134
Reg. 138
BOARD'S FINAL RECOMMENDATION TO THE
MINISTER ON TRANSFER, AMENDMENT AND SURRENDER OF A TIMBER PERMIT
To the Minister for Forests
The Board having reconsidered the
application referred back to it under Section 81(3) of the Forestry Act, 1991
hereby makes pursuant to Section 82 of the Forestry Act, 1991 the following
final recommendation for the *transfer/amendment/surrender of the timber permit
held by the person referred to below and described below.
Timber Permit Holder:
Timber Permit:
Recommendation:
(Set out or attach recommendation)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 135.—Approval of Minister to the
transfer/amendment/surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 83 Form
135
Reg. 139
APPROVAL OF MINISTER TO THE
TRANSFER/AMENDMENT/SURRENDER OF A TIMBER PERMIT
To the Board
I, . . . , Minister for Forests
pursuant to Section 83(1) of the Forestry Act, 1991 hereby accepts the Board's
final recommendation dated the . . . day of . . .20... and made under Section
82 of the Forestry Act and approve the *transfer/amendment/surrender of the
timber permit described below and held by the person referred to below.
In the case of a transfer my
approval is subject to and conditional upon the lodgement by the transferee
within 28 days of a performance bond in accordance with Section 98 of the Act
for an amount as specified below.
Holder of Timber Permit:
Timber Permit:
Amount of Performance Bond:
*delete whichever is inapplicable
Dated the . . . day of . . . 20...
_______________
Minister for Forests
Form 136.—Minister for Forests referral of application for
a transfer/amendment/surrender of a Timber Permit to National Executive Council
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 83(3) Form
136
Reg. 140
MINISTER FOR FORESTS REFERRAL OF
APPLICATION FOR A *TRANSFER/AMENDMENT/SURRENDER OF A TIMBER PERMIT TO NATIONAL
EXECUTIVE COUNCIL
To: The Secretary: National
Executive Council
TAKE NOTICE that pursuant to Section
83(3) of the Forestry Act, 1991 I have determined not to accept a final
recommendation from the Board of the Forest Authority to approve an application
for the *transfer/amendment/surrender of a timber permit described below to the
person named hereunder.
In accordance with Section 83(3) of
the Forestry Act, 1991 I now refer the matter to the National Executive Council
together with the final recommendation of the Board and my reasons for not
accepting the Board's recommendation.
The National Executive Council is
now required under Section 84(1) of the Forestry Act, 1991 to consider the
application and other papers (if any) referred to it by me hereto and is
required to make a direction to me to accept or reject the application referred
to hereunder.
Timber Permit:
(describe)
Name of Permit Holder:
Application for
*Transfer/Amendment/Surrender of timber permit:
(attach)
Other Papers (if any):
(attach)
Recommendations of the Board:
(attach)
Reasons for not accepting Boards
Recommendation:
(attach)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 137.—Directions of National Executive Council to the
Minister for Forests to accept the recommendation of the Board of the Forest
Authority for a transfer/amendment or surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 84 Form
137
Reg. 141
DIRECTIONS OF NATIONAL EXECUTIVE
COUNCIL TO THE MINISTER FOR FORESTS TO ACCEPT THE RECOMMENDATION OF THE BOARD
OF THE FOREST AUTHORITY FOR A *TRANSFER/AMENDMENT OR SURRENDER OF A TIMBER
PERMIT
To: The Minister for Forests
TAKE NOTICE that in accordance with
a decision of the National Executive Council made on the . . . day of . . .
20... and made pursuant to Section 84(1) of the Forestry Act, 1991 you are
hereby directed as follows:—
1. To accept the
recommendation of the Board of the Forest Authority to accept the application
of the applicant named below for a *transfer/amendment/surrender of a timber
permit No.: . . .
2. That pursuant to
Section 84(2) of the Forestry Act, 1991 you comply with certain requirements
(if any) as specified hereunder.
3. That pursuant to
Section 84(2) of the Forestry Act, 1991 you comply with Council's direction and
advise the Board of the Forest Authority of such directions.
Name of Applicant:
(specify)
*Requirements to be complied with
pursuant to Section 84(2) of the Forestry Act, 1991:
(If none, state NIL,otherwise,
specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______
Chairman
National Executive Council
Form 138.—Directions of National Executive Council to the
Minister for Forests to reject the recommendation of the Board of the Forest
Authority for a transfer/amendment or surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 84 Form
138
Reg. 142
DIRECTIONS OF NATIONAL EXECUTIVE
COUNCIL TO THE MINISTER FOR FORESTS TO REJECT THE RECOMMENDATION OF THE BOARD
OF THE FOREST AUTHORITY FOR A *TRANSFER/AMENDMENT OR SURRENDER OF A TIMBER
PERMIT
To: The Minister for Forests
TAKE NOTICE that in accordance with
a decision of the National Executive Council made on the . . . day of . . .
20... and made pursuant to Section 84(1) of the Forestry Act, 1991 you are
hereby directed as follows:—
1. To reject the
recommendation of the Board of the Forest Authority to accept the application
of the applicant named below for a *transfer/amendment/surrender of a timber
permit No.: . . . for the reasons as set out hereunder.
2. That pursuant to
Section 84(2) of the Forestry Act, 1991 you comply with certain requirements
(if any) as specified hereunder.
3. That pursuant to
Section 84(2) of the Forestry Act, 1991 you comply with Council's direction and
to advise the Board of the Forest Authority of such directions.
Name of Applicant:
(specify)
Reasons for rejection:
(state)
*Requirements to be complied with
pursuant to Section 84(2) of the Forestry Act, 1991:
(If none, state NIL,otherwise,
specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______
Chairman
National Executive Council
Form 139.—Minister's advice to the Board and the holder of
a Timber Permit of National Executive Council's directions to the Minister for
Forests to accept the recommendation of the Board of the Forest Authority for a
transfer/amendment or surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 84 (2)(a) Form
139
Reg. 143
MINISTER'S ADVICE TO THE BOARD AND
THE HOLDER OF A TIMBER PERMIT OF NATIONAL EXECUTIVE COUNCIL'S DIRECTIONS TO THE
MINISTER FOR FORESTS TO ACCEPT THE RECOMMENDATION OF THE BOARD OF THE FOREST
AUTHORITY FOR A *TRANSFER/AMENDMENT OR SURRENDER OF A TIMBER PERMIT
To: The Board
And To: The holder of timber permit
No.: . . .
TAKE NOTICE that in accordance with
Section 84(2)(a) of the Forestry Act, 1991, I am required to advise you of the
National Executive Councils decision made on the . . . day of . . . 20... and
so made pursuant to Section 84(1)(a) of the Forestry Act, 1991 as follows:—
1. I have been
directed to accept the recommendation of the Board of the Forest Authority to
accept the application of the applicant named below for a
*transfer/amendment/surrender of a timber permit No.: . . .
2. I have been
directed pursuant to Section 84(2) of the Forestry Act, 1991 to comply with
certain requirements (if any) as specified hereunder.
Name of Applicant:
(specify)
*Requirements to be complied with
pursuant to Section 84(2) of the Forestry Act, 1991:
(If none, state NIL, otherwise,
specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 140.—Ministers advice to the Board and to the holder
of a Timber Permit of National Executive Council's directions to the Minister
for Forests to reject the recommendation of the Board of the Forest Authority
for a transfer/amendment or surrender of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 84 (2)(a) Form
140
Reg. 144
MINISTERS ADVICE TO THE BOARD AND TO
THE HOLDER OF A TIMBER PERMIT OF NATIONAL EXECUTIVE COUNCIL'S DIRECTIONS TO THE
MINISTER FOR FORESTS TO REJECT THE RECOMMENDATION OF THE BOARD OF THE FOREST
AUTHORITY FOR A *TRANSFER/AMENDMENT OR SURRENDER OF A TIMBER PERMIT
To: The Board
And to: The holder of timber permit
No.: . . .
TAKE NOTICE that in accordance with
Section 84(2)(a) of the Forestry Act, 1991 I am required to advise you of the
National Executive Councils decision made on the . . . day of . . . 20... and
so made pursuant to Section 84(1)(b) of the Forestry Act, 1991 is as follows:—
1. I have been
directed to reject the recommendation of the Board of the Forest Authority to
accept the application of the applicant named below for a
*transfer/amendment/surrender of a timber permit No.: . . . for the reasons as
set out hereunder.
2. I have been
directed pursuant to Section 84(2) of the Forestry Act, 1991 to comply with
certain requirements (if any) as specified hereunder.
National Executive Councils reasons
for the rejection are as set out below.
Name of Applicant:
(specify)
Reasons for rejection:
(state)
*Requirements to be complied with
pursuant to Section 84(2) of the Forestry Act, 1991:
(If none, state NIL, otherwise,
specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Note: Section 84(3) of the
Forestry Act, 1991 provides inter alia that a direction under Subsection (b) to
reject an application 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.
Form 141.—Suspension of rights of a timber permit, Timber
Authority, licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 85 Form
141
Reg. 145
SUSPENSION OF RIGHTS OF A *TIMBER
PERMIT, TIMBER AUTHORITY, LICENCE
To:
Take notice that pursuant to Section
85 of the Forestry Act, 1991 the rights of . . . in the timber permit/timber
authority/licence* referred to below are hereby suspended by me to the extent
and for the term set out below.
*Timber permit/Authority/Licence:
Suspension:
(Set out the Nature or type of
activities to be suspended, including the period of suspension, e.g. until
further notice)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 142.—Notice of intention to suspend rights under a
Timber Permit/Timber Authority/licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 85 Form
142
Reg. 146
NOTICE OF INTENTION TO SUSPEND
RIGHTS UNDER A TIMBER PERMIT/TIMBER AUTHORITY/LICENCE
To: . . .
TAKE NOTICE that it is proposed to
suspend your rights in the *timber permit/timber authority/licence referred to
below on the grounds set out hereunder.
*Timber Permit/Timber
Authority/Licence:
Grounds:
(Specify the alleged
misrepresentation, omission/mis-statements, failure to perform an obligation
under the *timber permit/timber authority/licence, or failure to comply with
the Act)
AND TAKE FURTHER NOTICE that in the
case of a failure of performance or compliance you have days (being not less
than 14 days) after the date of service of this notice to remedy the said
failure of performance or compliance.
*Delete whichever is not applicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 143.—Request of holder of Timber Permit, Timber
Authority or licence to be heard on suspension of rights
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 85 Form
143
Reg. 147
REQUEST OF HOLDER OF TIMBER PERMIT,
TIMBER AUTHORITY OR LICENCE TO BE HEARD ON SUSPENSION OF RIGHTS
To: Managing Director
I, . . . , a registered forest
industry participant (Reg. No. . . .) hereby request under Section 85(4) of the
Forestry Act 1991 to be given the opportunity to be heard in respect of the
Notice issued by the Managing Director on the . . . day of . . . 20... relating
to the *timber permit/timber authority/licence referred to below.
*Timber Permit/Timber
Authority/Licence:
(insert description and number)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________________________
Signed on behalf of the holder of the
*Timber permit/Timber Authority/Licence
__________________ __________________________
Name of person signing Office held
with holder of *Timber
Permit/Timber
Authority/Licence
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 144.—Application of holder of Timber Permit, Timber
Authority or licence to re-instate rights
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 85 Form
144
Reg. 148
APPLICATION OF HOLDER OF TIMBER
PERMIT, TIMBER AUTHORITY OR LICENCE TO RE-INSTATE RIGHTS
To: Managing Director
The holder of *timber permit/timber
authority or licence as described below hereby applies to the Managing Director
under Section 85 of the Forestry Act for a re-instatement of rights suspended
under Section 85 of the Act on the grounds that the holder of the *timber
permit/timber authority/licence is performing those obligation and complying
with the Forestry Act, 1991 as specified below.
Name of Holder of *timber
permit/timber authority/licence:
Description and Number of *timber
permit/timber authority/licence:
Details of performance of
obligations and compliance with Forestry Act:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________________________
Signed on behalf of the holder of the
*timber permit/timber authority/licence
_________________ ___________________
Name of person signing Office
held with holder of
*timber
permit/timber authority/licence
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 145.—Recission of notice of suspension of rights by
Managing Director
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 85 Form
145
Reg. 149
RECISSION OF NOTICE OF SUSPENSION OF
RIGHTS BY MANAGING DIRECTOR
To:
Pursuant to Section 85(4) of the
Forestry Act 1991 and after being satisfied that the holder of the *timber
permit/timber authority/licence described below is not subject to section 85(1)
of the Forestry Act 1991 I hereby rescind the Notice of Suspension dated the .
. . day of . . . 20...
*timber permit/Timber
Authority/Licence:
(insert description)
*Delete whichever is inapplicable
Dated . . . day of . . . 20...
______________
Managing Director
Form 146.—Re-instatement by Managing Director of rights
suspended
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 85 Form
146
Reg. 150
RE-INSTATEMENT BY MANAGING DIRECTOR
OF RIGHTS SUSPENDED
To: . . .
Pursuant to Section 85(5) of the
Forestry Act 1991 and after having considered your application, I hereby with
effect from the date set out below re-instate the rights as set out below which
were suspended by me on the . . . day of . . . 20..., under Section 85 of the
Forestry Act 1991 and which related to *timber permit/timber authority/licence
as described below.
Rights Re-instated:
(insert details)
*Timber permit/Timber
Authority/Licence:
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 147.—Cancellation of Timber Permit by Minister
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
147
Reg. 151
CANCELLATION OF TIMBER PERMIT BY
MINISTER
To: . . .
the Holder of timber permit No. . .
.
I, . . . , Minister for Forests pursuant
to Section 86 of the Forestry Act 1991 hereby cancel timber permit No. . . .
Dated this . . . day of . . . 20...
_______________
Minister for Forests
c.c. The Board
Form 148.—Notice of intention by Managing Director to
cancel Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
148
Reg. 152
NOTICE OF INTENTION BY MANAGING
DIRECTOR TO CANCEL TIMBER PERMIT
To . . .
Take notice that the Minister for
Forests intends under Section 86 of the Forestry Act, 1991 to cancel the timber
permit described below for the reasons stated below. You are required within
fourteen days from the date of service of this notice to make any
representations as to why the timber permit should not be cancelled.
Timber permit:
Reasons:
Dated this . . . day of . . . 20...
______________
Managing Director
Form 149.—Representation to Managing Director from holder
of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
149
Reg. 153
REPRESENTATION TO MANAGING DIRECTOR
FROM HOLDER OF TIMBER PERMIT
To: Managing Director
I, . . . a registered forest
industry participant (Reg. No. . . .) hereby make representations as attached
under Section 86 of the Act as to why the timber permit should not be
cancelled.
Representations:
(attach to this form)
Dated . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ ___________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 150.—Request of holder of Timber Permit to be heard
on cancellation of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
150
Reg. 154
REQUEST OF HOLDER OF TIMBER PERMIT
TO BE HEARD ON CANCELLATION OF TIMBER PERMIT
To: Managing Director
I, . . . a registered forest
industry participant (Reg. No. . . .) hereby request under Section 86(4) of the
Forestry Act, 1991 to be given the opportunity to be heard in respect of the
Notice issued by the Managing Director on the . . . day of . . . 20...,
relating to the timber permit referred to below.
Timber Permit:
(insert description and number)
Dated this . . . day of . . . 20...
______________________
Signed on behalf of the holder
of the Timber Permit
__________________ ___________________
Name of person signing Office
held with holder of
Timber
Permit
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 151.—Managing Director's report to Board of hearing
of proposed cancellation of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
151
Reg. 155
MANAGING DIRECTOR'S REPORT TO BOARD
OF HEARING OF PROPOSED CANCELLATION OF TIMBER PERMIT
To the Board
In accordance with Section 86(7)(a)
of the Forestry Act 1991 I report as follows in respect of the hearing under
Section 86(4) of the Act as to why the timber permit referred to hereunder held
by . . . , a registered forest industry participant (Reg. No. . . .) should not
be cancelled.
Timber Permit:
(attach report of hearing)
Dated this . . . day of . . . 20...
______________
Managing Director
Form 152.—Managing Director's report to Board where there
has been no representations made or hearing requested in respect to a proposed
cancellation of a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
152
Reg. 156
MANAGING DIRECTOR'S REPORT TO BOARD
WHERE THERE HAS BEEN NO REPRESENTATIONS MADE OR HEARING REQUESTED IN RESPECT TO
A PROPOSED CANCELLATION OF A TIMBER PERMIT
To the Board
I advise the Board that . . . , the
holder of timber permit No.: . . . has not made any representations under
Section 86(3) of the Act or a request to be heard under Section 86(4) of the
Act in respect to a Notice served on the holder of the timber permit on the . .
. day of . . . 20...
In accordance with Section 86(5) of
the Act the Minister is now required to cancel the said timber permit and the
Board should advise the Minister accordingly.
Dated this . . . day of . . . 20...
______________
Managing Director
Form 153.—Recommendation by Board to Minister on proposed
cancellation of Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
153
Reg. 157
RECOMMENDATION BY BOARD TO MINISTER
ON PROPOSED CANCELLATION OF TIMBER PERMIT
To the Minister for Forests
The Board in accordance with Section
86(7)(b) of the Forestry Act 1991 has considered the attached report made by
the Managing Director under Section 86(7)(a) of the Act in respect to a
proposed cancellation of a timber permit described below and herewith forwards
the report to you with the Board's recommendations thereon.
Timber Permit:
(describe)
Written Report:
(attached)
Recommendations:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Form 154.—Board's advice to Minister to cancel a Timber
Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 86 Form
154
Reg. 158
BOARD'S ADVICE TO MINISTER TO CANCEL
A TIMBER PERMIT
To the Minister for Forests
The Board advises you that the
holder of the timber permit named and described below has not made any
representations within the 14 day period as provided for in Section 86(3) of
the Forestry Act and has not made a request to be heard under Section 86(4) of
the Forestry Act.
You are now required pursuant to
Section 86(5) of the Act to cancel the said timber permit.
Name of holder of timber permit:
(state)
Timber Permit:
(describe)
Dated this . . . day of . . . 20...
___________
For the Board
Form 155.—Timber Authority for domestic processing up to
5,000 cubic metres per year
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 87 Form
155
Reg. 159
TIMBER AUTHORITY FOR DOMESTIC
PROCESSING UP TO 5,000 CUBIC METRES PER YEAR
Authority No.:
Project Area Name:
I, . . . , Chairman of the Committee
responsible for forestry matters in the . . . Provincial Government by virtue
of the powers conferred by Section 87 of the Forestry Act 1991 and all other
powers me enabling, hereby grant a timber authority to . . . , a registered
forest industry participant (Registration No. . . .) (referred to in this
Authority as "the holder").
This Authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions—
(a) the amount of allowable cut shall
be as specified in Schedule 3; and
(b) the holder must, within 21 days,
lodge a performance bond in accordance with Section 98 of the Act for the amount
specified in Schedule 4 (and if the performance bond is not lodged then this
timber authority is void and of no effect); and
(c) the holder must comply with the
terms and conditions specified in the Schedules hereto.
Dated this . . . day of . . . 20...
__________________
(Signature of Chairman)
SCHEDULE 1—Map and description of
Project Area
(INSERT A DESCRIPTION OF THE
PROJECT AREA AND INCLUDE A MAP WITH THE AREA OUTLINED IN RED)
SCHEDULE 2—Term and commencement
date
The term of the authority is for a
period of . . . commencing on the . . . day of . . . 20...
SCHEDULE 3—Allowable cut
The annual allowable cut is [INSERT
AMOUNT NOT MORE THAN 5,000 cubic metres] subject to the provisions of
Clause 3 which may require the annual allowable cut to apply to more than one
timber authority.
SCHEDULE 4—Performance Bond
The amount of the performance bond
will be K...
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the Forest
Authority after the holder has submitted a completion report and has satisfied
the terms and conditions of this authority.
SCHEDULE 5—Standard conditions
(The following standard
conditions have been approved by the Forest Authority)
1. INTERPRETATION
1.1 In this authority—
"Project Area" means the area
described in Schedule 1;
"resource owners" means the
customary owners of the timber and other forest products in the Project Area,
and includes any person named as owners in the Sales and Purchase Agreement;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this timber authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. CONDITIONS PRECEDENT
2.1 The following conditions
must be satisfied before this timber authority becomes effective—
(a) the lodgement of a Performance
Bond in accordance with Schedule 4;
(b) the continued validity of the
authority holder's registration as a forest industry participant;
(c) if the applicant is a foreign
enterprise within the meaning of the Investment Promotion Act, the
continued validity of the IPA approvals for the activity authorized by the
timber authority.
2.2 If the registration or
approval referred to in Clause 2.1 ceases to be valid, this timber authority
immediately becomes void and of no effect.
3. HARVESTING
3.1 Subject to the terms and
conditions of this authority, the provisions of the Forestry Act and Forestry
Regulations, and the provisions of any agreement entered into by the holder
with the resource owners, the holder may exercise timber rights within the
Project Area during the term of this authority.
3.2 Where the holder is, or
becomes, the holder of another timber authority or timber authorities having
its or their boundary within ten kilometres of the boundary of the Project
Area, the total annual allowable cut for all the timber authorities combined
must not exceed 5,000 cubic metres per annum.
3.3 Where the holder of this
timber authority was, on the commencement of this timber authority, the holder
of another timber authority having its boundary within ten kilometres of the
boundary of this timber authority, but did not declare the existence of the
first timber authority at the time of making application for this timber
authority, this timber authority is void and of no effect.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this authority the holder may, within those parts of Project
Area in which harvesting is authorized, exercise rights to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest produce;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) and (c) above carried out within the Project Area subject to
payment of any royalty-equivalent payment agreed with the resource owners or
fixed in the Sales and Purchase Agreement.
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use roads and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Export of timber harvested
under this timber authority is not permitted.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental
Contaminants Act, Environmental Planning Act, Water Resources Act
and other environmental laws of Papua New Guinea.
5.2 The holder must at all
times comply with and observe the Key Standards for Selection Logging appended
to this authority or those environmental and forest management standards fixed
from time to time by the authority which replace them.
5.3 The holder must at all
times comply with and observe all such standards and practices as determined
from time to time by the authority and issued in the form of a P.N.G. Logging
Code of Practice or any replacement document thereof.
6. RIGHTS OF RESOURCE OWNERS
6.1 In carrying out its rights
under this authority, the holder must not interfere with the customary user
rights of the resource owners including the right to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing, artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this authority
shall be taken as authorizing the holder to make food gardens, hunt or fish
within the Project Area or the areas adjacent to it.
6.3 The holder must not fell,
cut, remove, dispose of or damage any—
(a) trees which have been declared to
be reserve trees under Section 4 of the Act;
(b) the species of trees or other
plants specified as excluded forest products in the Sales and Purchase
Agreement;
(c) particular plants marked and
identified by the resource owners in accordance with the Sales and Purchase
Agreement;
(d) timber or other forest products
growing in cultural areas, burial grounds, gardens or reserved areas identified
by the resource owners in accordance with the Sales and Purchase Agreement.
6.4 Compensation for any
breach of this Clause will be determined by agreement between the holder and
the resource owners or will be fixed by the Valuer-General if no agreement can
be reached.
6.5 Where the holder is in
breach of this Clause, the holder must pay the compensation which has been
agreed or fixed under Clause 6.4, within the period of time specified by the
Managing Director.
7. PAYMENT FOR TIMBER
7.1 The holder must pay
revenue to the resource owners at the rates fixed in Schedule 6, in respect of
all timber felled and scaled within the Project Area.
7.2 In addition to payments
made to the resource owners, the holder must pay to the Forest Authority levies
set out in Schedule 6, or which are from time to time fixed by the Minister in
respect of the timber authority, or in respect of Timber Authorities generally.
8. ROADS AND BRIDGES
8.1 The holder must construct
all bridges and roads required for its operation within the Project Area.
8.2 The holder must maintain
all bridges and roads to a standard sufficient to carry normally laden logging
trucks and at all times during the term of this authority must ensure that all
roads which are in use for the logging operation are in a trafficable
condition.
8.3 Any roads constructed by
the holder will be available for use by the public without charge.
9. LAND AND BUILDINGS
9.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 4, without the consent of
the resource owners.
9.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the timber authority doing as little damage to the land as
possible.
10. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
10.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
10.2 Subject to any other
direction which may be given under Clause 10.1, timber harvested in the Project
Area must be scaled, recorded and declared in accordance with the Regulations
and the Forest Authority's Directions for Scaling, but the use of a Licensed
Log Scaler is not required, and the use of official numbered Log Scale Record
Sheets and numbered log tags is not required.
11. SUBCONTRACTING PROHIBITED
11.1 Harvesting under this
timber authority may be carried out only by the person named as the holder and
not be subcontracted, other than by the employment of individual contract
workers on piece-rates.
12. MARKETING
12.1 The holder must endeavour
to obtain the best price for the timber harvested under this authority and must
in all cases obtain arm's length prices. For the purposes of this clause, a
price is an arm's length price if it is equal to or greater than the price
which would have been obtained on an arm's length sale on the same terms and
conditions of sale other than price.
13. COMPLIANCE WITH LAWS
13.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
SCHEDULE 6—Revenue Payments
Revenue payments must be made at
rates not less than those required under the National Forest revenue
requirements for timber permit holders existing at the time of harvest.
SCHEDULE 7—Provincial Forest
Management Committee terms and Conditions
(insert if any)
Form 156.—Application for timber authority—Annual cut
under 5,000 cubic metres, Domestic Processing
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
156
Reg. 160
APPLICATION FOR TIMBER
AUTHORITY—ANNUAL CUT UNDER 5,000 CUBIC METRES, DOMESTIC PROCESSING
Use this form to apply for
permission to harvest up to but not more than 5,000m3
per year by selection logging from customary land
Name and address of applicant:
Name:
Address:
Phone: Fax:
Registration number of applicant as
registered forest industry participant.
Registration number:
Declaration of applicant status
under Investment Promotion Act:
A company joint venture owned 50% or
more by non-citizens is a foreign enterprise.
Is the applicant a foreign
enterprise? YES/NO
If YES, IPA certificate number:
Location of the proposed project:
Province:
Location:
Any other timber authorities held by
the applicant within 10 km of the boundary of the proposed Project Area:
NOTE: THIS FORM IS TO BE LODGED WITH
THE MANAGING DIRECTOR, NATIONAL FOREST SERVICE, P.O. BOX 5055, BOROKO, PAPUA
NEW GUINEA. Applications received by other Forest Authority offices will be
returned to the applicant.
Details of the proposed project
Area (hectares):
Commencement date:
Proposed annual cut:
Declaration by Applicant:
I declare that the following
documents are included with this application and that the contents of such
forms are to best of my knowledge and belief are true and correct:
(1) application fee
per schedule 3 of the Forestry Regulations (cheque made out to Papua New Guinea
Forest Authority);
(2) a copy of the
applicant's IPA approval in respect of the activities and location to be
carried out by the timber authority (if relevant);
(3) a map and
description of the project area in respect of which the application is made
("the project area") showing any areas of slope in excess of 30° and
giving details of land tenure;
(4) a completed Form
165 from each resource owning Incorporated Land Group or clan agent within the
project area, which has been signed in the village in the presence of a Village
Court Magistrate or land mediator;
(5) copies of Sales
and Purchase Agreement in Form 166 and all other agreements between the
applicant and the customary owners, which relate to the purchase, harvest,
processing or marketing of timber and other forest products from the project
area;
(6) a plan for
utilisation of the timber to be harvested;
(7) copies of any
agreements, or details of proposed arrangements with another registered forest
industry participant in respect of the marketing or processing of timber from
the project area;
(8) if the timber
authority applied for relates to an existing or expired authority, a report
showing how the previous authority was performed, the volumes harvested, and
details of utilisation.
Declared at . . . this . . . day of
. . . 20...
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ ___________________
Name of person signing Office
held with Applicant
IT IS AN OFFENCE UNDER THE FORESTRY
ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN APPLICATION AND THE OMISSION,
MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN APPLICATION MAY BE GROUNDS
FOR SUSPENSION OF THE TIMBER AUTHORITY
Form 157.—Timber authority for roadline clearance of up to
12.5 kilometres in length
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxcv]Act,
Sec. 87 Form 157
Reg. 161
TIMBER AUTHORITY FOR ROADLINE
CLEARANCEOF UP TO 12.5 KILOMETRES IN LENGTH
Authority No.:
Project Area Name:
I, . . . , Chairman of the Committee
responsible for forestry matters in the . . . Provincial Government by virtue
of the powers conferred by Section 87 of the Forestry Act 1991 (the Act)
and all other powers me enabling, hereby grant a timber authority to . . . , a
registered forest industry participant (Registration No. . . .) (referred to in
this authority as "the holder").
This authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions:—
(a) the holder must, within 21 days,
lodge a performance bond in accordance with Section 98 of the Act for the
amount specified in Schedule 3;
(b) the holder must comply with the
terms and conditions specified in Schedule 4.
Dated this . . . day of . . . 20...
__________________
(Signature of Chairman).
N.B. IF THE PERFORMANCE BOND IS NOT LODGED WITHIN 21 DAYS AND
NO APPLICATION UNDER SECTION 98(6) OF THE FORESTRY ACT HAS BEEN MADE
WITHIN 21 DAYS TO THE BOARD FOR AN EXTENSION OF TIME WITHIN WHICH TO LODGE THE
PERFORMANCE BOND THEN THIS TIMBER AUTHORITY IS DEEMED VOID UNDER SECTION 98(5)
OF THE ACT AND SHALL BE THEREBY CANCELLED.
SCHEDULE 1—Map and description of
Project Area
The Project Area is an area of . . .
hectares of road corridor of maximum width 40 metres along the route shown in
red on the map providing always that such said width is not more than 20 metres
on either side of the centre of the road.
(THE MAP SHOULD SHOW THE ROUTE OF
THE ENTIRE ROAD IN 5 KM SECTIONS NUMBERED IN ORDER OF CLEARANCE)
SCHEDULE 2—Term and commencement
date
The term of the Authority is for a
period of . . . commencing on the . . . day of . . . 20...
SCHEDULE 3—Performance Bond
The amount of the performance bond
will be K...
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 4—Standard conditions
1. INTERPRETATION
1.1 In this Authority—
"Authorized Harvesting Area"
means the area in respect of which harvesting is, from time to time, authorized
under Clause 3;
"Project Area" means the area
described in Schedule 1;
"resource owners" means the
customary owners of the timber and other forest products in the Project Area,
and includes any person named as owners in the Sales and Purchase Agreement;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this timber authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. TERMINATION
2.1 If at any time the
holder's registration as a forest industry participant is cancelled or, where
the applicant is a foreign enterprise within the meaning of the Investment
Promotion Authority Act, the IPA approvals for the activity authorized by
the timber authority are cancelled then the timber authority shall be
cancelled.
3. HARVESTING
3.1 Subject to the terms and
conditions of this Authority, the provisions of the Forestry Act and Forestry
Regulations, and the provisions of any agreement entered into by the holder
with the resource owners, the holder may exercise timber rights within the
Authorized Harvesting Area during the term of this Authority.
3.2 For the purposes of Clause
3.1, the Authorized Harvesting Area is up to 50 hectares of trees as shown on
the map in Schedule 1.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this Authority the holder may exercise rights within those
parts of the Project Area in which harvesting is authorized to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest products;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the Project area subject to
payment of any royalty agreed with the resource owners or fixed in the Sales
and Purchase Agreement;
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use road and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Subject to this Authority
and the laws of PNG, the holder may export timber harvested under this
Authority.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental
Contaminants Act, Environmental Planning Act, Water Resources Act
and other environmental laws of Papua New Guinea.
5.2 The holder must at all
times comply with and observe all such standards and practices as determined
from time to time by the Authority and issued in the form of a P.N.G. Logging
Code of Practice or any replacement document thereof.
6. RIGHTS OF RESOURCE OWNERS
6.1 In carrying out its rights
under this Authority, the holder must not interfere with the customary user
rights of the resource owners including the right to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Authority
shall be taken as authorizing the holder to make food gardens, hunt or fish
within the Project Area or the areas adjacent to it.
6.3 Compensation for any
breach of this Clause will be determined by agreement between the holder and
the resource owners or will be fixed by the Valuer-General if no agreement can
be reached.
6.4 Where the holder is in
breach of this Clause, the Holder must pay the compensation which has been
agreed or fixed under Clause 6.3, within the period of time specified by the
Managing Director.
7. PAYMENT FOR TIMBER
7.1 The holder must pay
revenue to the resource owners at the rates fixed in any Sales and Purchase
Agreements between the resource owners and the holder and such revenue shall in
any event not be less than rates required to be paid under the National Forest
Service revenue requirements for timber permit holder existing at the time of
harvest in respect of all timber felled and scaled within the Project Area.
7.2 In addition to payments
made to the resource owners, the holder must pay to the Forest Authority levies
set out in Schedule 6, or which are from time to time fixed by the Minister in
respect of the Timber Authority, or in respect of Timber Authorities generally.
8. ROADS
8.1 The holder must construct
all roads within the Project Area in accordance with any approvals and
standards determined by the Departments responsible for transport and road
matters.
9. LAND AND BUILDINGS
9.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 4, without the consent of
the resource owners.
9.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this Authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the Timber Authority doing as little damage to the land as
possible.
10. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
10.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
10.2 Subject to any other
direction which may be given under Clause 10.1, timber harvested in the Project
Area must be scaled, recorded and declared in accordance with the Forest
Authority's Directions for Scaling, but the use of a Licensed Log Scaler is not
required, and the use of official numbered Log Scale Record Sheets and numbered
log tags is not required.
10.3 Where timber harvested in
the Project Area is to be exported, the holder must also comply with procedures
for export of logs from time to time specified by the Managing Director.
11. MARKETING
11.1 The Holder must endeavour
to obtain the best price for the timber harvested under this Timber Authority
and must in all cases obtain arm's length prices. For the purposes of this
clause, a price is an arm's length price if it is equal to or greater than the
price which would have been obtained on an arm's length sale on the same terms
and conditions of sale other than price.
12. COMPLIANCE WITH LAWS
12.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
13. PROVINCIAL FOREST
MANAGEMENT COMMITTEE TERMS AND CONDITIONS
(insert if any)
Form 158.—Application for timber authority for roadline
clearance of up to 12.5 kilometres in length
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxcvi]Act,
Sec. 88 Form 158
Reg. 162
APPLICATION FOR TIMBER AUTHORITY FOR
ROADLINE CLEARANCE OF UP TO 12.5 KILOMETRES IN LENGTH
Use this form to apply for
permission to harvest logs for commercial use from roadline clearing operations
other than under a timber permit
Name and address of Applicant:
|
Name:
|
|
|
Address:
|
|
|
Phone:
|
Fax:
|
Registration Number of applicant as
registered forest industry participant:
Declaration of applicant status
under Investment Promotion Authority (IPA) Act:
|
A company or joint venture owned 50% or more by
non-citizens is a foreign enterprise.
|
|
Is the applicant a foreign enterprise?
|
YES/NO
|
|
If yes, IPA certificate number:
|
Location of the proposed project:
NOTE: THIS FORM IS TO BE LODGED WITH THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE, P.O. BOX 5055, BOROKO, PAPUA NEW GUINEA. Applications
received by other Forest Authority offices will be returned to the applicant.
Details of the proposed project:
|
Area (hectares) (road length x 40m maximum width):
|
|
Proposed term:
|
|
Commencement date:
|
Declaration by Applicant:
I declare that the following
documents are included with this application and that the contents of such
forms are to the best of my knowledge and belief true and correct:
(1) application fee
per Schedule 3 of the Forestry Regulation (cheque made out to Papua New
Guinea Forest Authority);
(2) if the applicant
is a foreign company within the meaning the Investment Promotion Act
(50% or more foreign ownership), a copy of the applicant's IPA approval in
respect of the activities and location to be carried out under the Timber
Authority;
(3) a map and
description of the project area in respect of which the application is made
("the project area") giving details of land tenure, and showing the
route of the proposed road in numbered 5 kilometre sections;
(4) a completed Form
165 from each resource owning Incorporated Land Group or clan agent within the
project area, which has been signed in the village in the presence of a Village
Court Magistrate or land mediator;
(5) copies of Sales
and Purchase Agreement in Form 166 and all other agreements between the
applicant and the customary owners, which relate to the purchase, harvest,
processing or marketing of timber and other forest products from the project
area;
(6) if the Timber
Authority application relates to an existing or expired authority, a report
showing how the previous Authority was performed, the volumes harvested and
details of utilisation;
(7) details of the
design of the road including alignment and proposed standard of construction in
accordance with Department of Works road design manual;
(8) details of
equipment and manpower suitable for the development of the proposed roadline
project and evidence of past experience in such development;
(9) details of cost of
the roadline project and certificate from a Bank or financial institution
certifying that the full cost of funding the roadline project will be available
to the applicant;
(10) 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;
(11) 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;
(12) 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;
(13) other evaluation
reports and certificates as requested by the Board.
(specify)
Declared at . . . this . . . day of
. . . 20...
_________________ ______________________
Name of person signing Office
held with the Applicant
IT IS AN OFFENCE UNDER THE FORESTRY
ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN APPLICATION AND THE OMISSION,
MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN APPLICATION MAY BE GROUNDS
FOR SUSPENSION OF THE TIMBER AUTHORITY.
Form 159.—Timber authority for the removal of up to 50
hectares of trees for agricultural or other land use
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxcvii]Act,
Sec. 87 Form 159
Reg. 163
TIMBER AUTHORITY FOR THE REMOVAL OF
UP TO 50 HECTARES OF TREES FOR AGRICULTURAL OR OTHER LAND USE
Authority No.:
Project Area name:
I, . . . , Chairman of the Committee
responsible for forestry matters in the . . . Provincial Government by virtue
of the powers conferred by Section 87 of the Forestry Act 1991 (the Act)
and all other powers me enabling, hereby grant a Timber Authority to . . . , a
registered forest industry participant (Registration No. . . .) (referred to in
this Authority as "the holder").
This Authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions—
(a) the holder must, within 21 days,
lodge a performance bond in accordance with Section 98 of the Act for the
amount specified in Schedule 3; and
(c) the holder must comply with the
terms and conditions specified in Schedule 4.
Dated this . . . day of . . . 20...
_________________
Signature of Chairman
N.B. IF THE PERFORMANCE
BOND IS NOT LODGED WITHIN 21 DAYS AND NO APPLICATION UNDER SECTION 98(6) OF THE
FORESTRY ACT HAS BEEN MADE WITHIN 21 DAYS TO THE BOARD FOR AN EXTENSION
OF TIME IN WHICH TO LODGE THE PERFORMANCE BOND THEN THIS TIMBER AUTHORITY IS
DEEMED VOID UNDER SECTION 98(5) OF THE ACT AND SHALL BE THEREBY CANCELLED.
SCHEDULE 1.—Map and description of
Project Area.
The Project Area is an area of . . .
hectares.
(INSERT A DESCRIPTION OF THE
PROJECT AREA, DETAILING SEPARATELY, THE EXACT AREAS TO BE CLEARFELLED FOR
AGRICULTURAL PLANTING AND REQUIRED FOR INFRASTRUCTURE AND INCLUDE A MAP SHOWING
THE PRECISE AREAS OUTLINED IN RED)
SCHEDULE 2—Term and commencement
date.
The term of the Authority is for a
period of . . . commencing on the . . . day of . . . 20...
SCHEDULE 3—Performance Bond
The amount of the performance bond
will be K
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 4—Standard conditions
1. INTERPRETATION
1.1 In this Authority—
"Authorized Harvesting Area"
means the area in respect of which harvesting is, from time to time, authorized
under Clause 3;
"Project Area" means the area
described in Schedule 1;
"resource owners" means the
customary owners of the timber and other forest products in the Project Area,
and includes any person named as owners in the Sales and Purchase Agreement;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this Timber Authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. TERMINATION
2.1 If at any time the
holder's registration as a forest industry participant is cancelled or, where
the applicant is a foreign enterprise within the meaning of the Investment
Promotion Authority Act, the IPA approvals for the activity authorized by
the Timber Authority are cancelled then the Timber Authority shall be
cancelled.
3. HARVESTING
3.1 Subject to the terms and
conditions of this Authority, the provisions of the Forestry Act and Forestry
Regulations, and the provisions of any agreement entered into by the holder
with the resource owners, the holder may exercise timber rights within the
Authorized Harvesting Area during the term of this Authority.
3.2 For the purposes of Clause
3.1, the Authorized Harvesting Area is 50 hectares of trees as shown on the map
in Schedule 1.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this Authority the holder may exercise rights within those
parts of Project Area in which harvesting is authorized to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest products;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the Project area subject to
payment of any royalty agreed with the resource owners or fixed in the Sales
and Purchase Agreement;
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use road and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Subject to this Authority
and the laws of PNG, the holder may export timber harvested under this
Authority.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental
Contaminants Act, Environmental Planning Act, Water Resources Act
and other environmental laws of Papua New Guinea.
5.2 The holder must at all
times comply with and observe all such standards and practices as determined
from time to time by the Authority and issued in the form of a P.N.G. Logging
Code of Practice or any replacement document thereof.
6. RIGHTS OF RESOURCE OWNERS
6.1 In carrying out its rights
under this Authority, the holder must not interfere with the customary user
rights of the resource owners including the right to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing, artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Authority
shall be taken as authorizing the holder to make food gardens, hunt or fish
within the Project Area or the areas adjacent to it.
6.3 Compensation for any
breach of this Clause will be determined by agreement between the holder and
the resource owners or will be fixed by the Valuer-General if no agreement can
be reached.
6.4 Where the holder is in
breach of the Clause, the Holder must pay the compensation which has been
agreed or fixed under Clause 6.4, within the period of time specified by the
Managing Director.
7. PAYMENT FOR TIMBER
7.1 The holder must pay
revenue to the resource owners at the rates fixed in any Sales and Purchase
Agreements between the resource owners and the holder and such revenue shall in
any event be not less than rates required to be paid under the National Forest
Service revenue requirements for Timber Permit holders existing at the time of
harvest in respect of all timber felled and scaled within the Project Area.
7.2 In addition to payments
made to the resource owners, the holder must pay to the Forest Industry levies
which are from time to time fixed by the Minister in respect of the Timber Authority,
or in respect of Timber Authorities generally.
8. AGRICULTURE PROJECT
8.1 The holder must carry out
the project within the Project Area in accordance with the project description
contained in the application for the timber authority.
9. LAND AND BUILDINGS
9.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 5, without the consent of
the resource owners.
9.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this Authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the Timber Authority doing as little damage to the land as
possible.
10. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
10.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
10.2 Subject to any other
direction which may be given under Clause 11.1, timber harvested in the Project
Area must be scaled, recorded and declared in accordance with the Forest
Authority's Directions for Scaling, but the use of a Licensed Log Scaler is not
required, and the use of official numbered Log Scale Record Sheets and numbered
log tags is not required.
10.3 Where timber harvested in
the Project Area is to be exported, the holder must also comply with procedures
for export of logs from time to time specified by the Managing Director.
11. MARKETING
11.1 The Holder must endeavour
to obtain the best price for the timber harvested under this Timber Authority
and must in all cases obtain arm's length prices. For the purposes of this
clause, a price is an arm's length price if it is equal to or greater than the
price which would have been obtained on an arm's length sale on the same terms
and conditions of sale other than price.
12. COMPLIANCE WITH LAWS
12.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
13. PROVINCIAL FOREST
MANAGEMENT COMMITTEE TERMS AND CONDITIONS
(Insert if any)
Form 160.—Application for timber authority for
agricultural or other land use clearance for the removal of up to 50 hecatres
of trees
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxcviii]Act,
Sec. 88 Form 160
Reg. 164
APPLICATION FOR TIMBER AUTHORITY FOR
AGRICULTURAL OR OTHER LAND USE CLEARANCE FOR THE REMOVAL OF UP TO 50 HECTARES
OF TREES
Use this form for permission to
harvest logs for commercial use from forest clearing operations for
agricultural or other land use development (except road building)
Name and address of Applicant:
|
Name:
|
|
|
Address:
|
|
|
Phone:
|
Fax:
|
Registration number of applicant as
registered forest industry participant:
Declaration of applicant status
under Investment Promotion Authority (IPA) Act:
|
A company or joint venture owned 50% or more by
non-citizens is a foreign enterprise.
|
|
Is the applicant a foreign enterprise?
|
YES/NO
|
|
If yes, IPA certificate number:
|
Location of the proposed project:
NOTE: THIS FORM IS TO BE
LODGED WITH THE MANAGING DIRECTOR, NATIONAL FOREST SERVICE, P.O. BOX 5055,
BOROKO, PAPUA NEW GUINEA. Applications received by other Forest Authority
offices will be returned to the applicant.
Details of the proposed project:
|
Proposed term:
|
|
Commencement date:
|
Declaration by Applicant:
I declare that the following
documents are included with this application and that the information contained
in them is true and correct:
(1) application fee
per Schedule 3 of the Forestry Regulation (cheque made out to Papua New
Guinea Forest Authority);
(2) if the applicant
is a foreign company within the meaning the Investment Promotion Act
(50% or more foreign ownership), a copy of the applicant's IPA approval in
respect of the activities and location to be carried out under the Timber
Authority;
(3) a map and
description of the project area in respect of which the application is made
("the project area") showing any areas of slope in excess of 30° and
giving details of land tenure;
(4) Land owner
consent:
a completed Form 165 from each
resource owning clan agent (or Incorporated Land Group if they have been
formed) within the project area, which has been signed in the village in the
presence of a Village Court Magistrate or land mediator;
(5) copies of Sales
and Purchase Agreement in Form 166 and all other agreements between the
applicant and the customary owners, which relate to the purchase, harvest,
processing or marketing of timber and other forest products from the project
area;
(6) if the Timber
Authority application relates to an existing or expired authority, a report
showing how the previous Authority was performed, the volumes harvested and
details of utilisation;
(7) Project description
showing—
· the nature of the proposed land use;
· who is to carry out the land use;
· a description of the precise area of land use;
· the proposed timetable or implementation;
· details of equipment and manpower
suitable for the development of the project and evidence of past experience in
such developments;
· details of costs of the project and a certificate from a
Bank or financial institution certifying that the full costs of funding the
agricultural development will be available to the applicant
Declared at . . . this . . . day of
. . . 20...
_________________________
Signed on behalf of the applicant
__________________ ______________________
Name of person signing Office
held with the Applicant
IT IS AN OFFENCE UNDER THE FORESTRY
ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN APPLICATION AND THE OMISSION,
MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN APPLICATION MAY BE GROUNDS
FOR SUSPENSION OF THE TIMBER AUTHORITY.
Form 161.—Timber authority to harvest other forest
products other than plantation material
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 87 Form
161
Reg. 165
TIMBER AUTHORITY TO HARVEST OTHER
FOREST PRODUCTS OTHER THAN PLANTATION MATERIAL
Authority No.:
Project Area name:
I, . . . , Chairman of the Committee
responsible for forestry matters in the . . . Provincial Government by virtue
of the powers conferred by Section 87 of the Forestry Act 1991 and all other
powers me enabling, hereby grant a timber authority to . . . , a registered
forest industry participant (Registration No. . . .) (referred to in this
Authority as "the holder").
This Authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions—
(a) the amount of allowable
*cut/harvest shall be as specified in Schedule 3; and
(b) the holder must, within 21 days,
lodge a performance bond in accordance with Section 98 of the Act for the
amount specified in Schedule 4 (and if the performance bond is not lodged then
this timber authority is void and of no effect); and
(c) the holder must comply with the
terms and conditions specified in the Schedules hereto.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________
Signature of Chairman
SCHEDULE 1—Map and description of
Project Area
(INSERT A DESCRIPTION OF THE
PROJECT AREA AND INCLUDE A MAP WITH THE AREA OUTLINE IN RED)
SCHEDULE 2—Term and commencement
date
The term of the Authority is for a
period of . . . commencing on the . . . day of . . . 20...
SCHEDULE 3—Allowable *cut/harvest
The annual allowable cut is
(specify volume and type of other
forest product)
SCHEDULE 4—Performance Bond
The amount of the performance bond
will be K...
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 5—Standard conditions
*Delete whichever is inapplicable
1. INTERPRETATION
1.1 In this Authority—
"Project Area" means the area
described in Schedule 1;
"resource owners" means the
customary owners of the timber and other forest products in the Project Area,
and includes any person named as owners in the Sales and Purchase Agreement;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this timber authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. CONDITIONS PRECEDENT
2.1 The following conditions
must be satisfied before this timber authority becomes effective—
(a) the lodgement of a Performance
Bond in accordance with Schedule 4;
(b) the continued validity of the
Authority holder's registration as a forest industry participant;
(c) if the applicant is a foreign
enterprise within the meaning of the Investment Promotion Authority Act, the
continued validity of the IPA approvals for the activity authorized by the
timber authority.
2.2 If the registration or
approval referred to in Clause 2.1 ceases to be valid, this timber authority
immediately becomes void and of no effect.
3. HARVESTING
3.1 Subject to the terms and
conditions of this Authority, the provisions of the Forestry Act and Forestry
Regulations, and the provisions of any agreement entered into by the holder
with the resource owners, the holder may exercise timber or harvesting rights
within the Authorized Harvesting Area during the term of this Authority.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this Authority the holder may exercise rights within those
parts of the Project Area in which harvesting is authorized, to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest products;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the Project area subject to
payment of any royalty agreed with the resource owners or fixed in the Sales
and Purchase Agreement;
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use road and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Subject to this Authority
and the laws of PNG, the holder may export timber harvested under this
Authority.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental Contaminants
Act, Environmental Planning Act, Water Resources Act and other environmental
laws of Papua New Guinea.
5.2 The holder must all all
times comply with and observe all such standards and practices as determined
from time to time by the Authority and issued in the form of a P.N.G. Logging
Code of Practice or any replacement document thereof.
6. RIGHTS OF RESOURCE OWNERS
6.1 In carrying out its rights
under this Authority, the holder must not interfere with the customary user
rights of the resource owners including the right to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Authority
shall be taken as authorizing the holder to make food gardens, hunt or fish
within the Project Area or the areas adjacent to it.
6.3 The holder must not fell,
cut, remove, dispose of or damage any—
(a) trees which have been declared to
be reserved trees under Section 4 of the Act;
(b) species of trees or other plants
specified as excluded forest products in the Sales and Purchase Agreement;
(c) particular plants marked and
identified by the resource owners in accordance with the Sales and Purchase
Agreement;
(d) timber or other forest products
growing in cultural areas, burial grounds, gardens or reserved areas identified
by the resource owners in accordance with the Sales and Purchase Agreement.
6.4 Compensation for any
breach of this Clause will be determined by agreement between the holder and
the resource owners or will be fixed by the Valuer-General if no agreement can
be reached.
6.5 Where the holder is in
breach of the Clause, the Holder must pay the compensation which has been
agreed or fixed under Clause 6.4, within the period of time specified by the
Managing Director.
7. PAYMENT FOR FOREST
PRODUCE
7.1 The holder must pay
revenue to the resource owners at the rates fixed in Schedule 6, in respect of
all timber felled, harvested or taken and scaled or weighed within the Project
Area.
7.2 In addition to payments
made to the resource owners, the holder must pay to the Forest Industry levies
set out in Schedule 6, or which are from time to time fixed by the Minister in
respect of the timber authority, or in respect of Timber Authorities generally.
8. ROADS AND BRIDGES
8.1 The holder must construct
all bridges and roads required for its operation within the Project Area.
8.2 The holder must maintain
all bridges and roads to a standard sufficient to carry normally laden logging
trucks and at all times during the term of this Authority must ensure that all
roads which are in use for the logging operation are in a trafficable condition.
8.3 Any roads constructed by
the holder will be available for use by the public without charge.
9. LAND AND BUILDINGS
9.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 4, without the consent of
the resource owners.
9.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this Authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the timber authority doing as little damage to the land as
possible.
10. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
10.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
10.2 Where forest produce
harvested in the Project Area is to be exported, the holder must also comply
with any procedures for export of forest produce from time to time specified by
the Managing Director.
11. SUBCONTRACTING PROHIBITED
11.1 Harvesting under this
timber authority may be carried out only by the person named as the holder and
must not be subcontracted, other than by the employment of individual contract
workers on piece-rates.
12. MARKETING
12.1 The Holder must endeavour
to obtain the best price for the timber harvested under this timber authority
and must in all cases obtain arm's length prices. For the purposes of this
clause, a price is an arm's length price if it is equal to or greater than the
price which would have been obtained on an arm's length sale on the same terms
and conditions of sale other than price.
13. COMPLIANCE WITH LAWS
13.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
SCHEDULE 6—Revenue payments
Revenue payments are at rates as
negotiated between the resource owners and the holder and as agreed to by the
Managing Director.
SCHEDULE 7—Provincial Forest Management
Committee Terms and Conditions
(insert if any)
Form 162.—Application for timber authority for harvesting
of other forest produce other than plantation material
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
162
Reg. 166
APPLICATION FOR TIMBER AUTHORITY FOR
HARVESTING OF OTHER FOREST PRODUCE OTHER THAN PLANTATION MATERIAL
Use this form for permission to
harvest forest products other than timber or plantation material
Name and address of Applicant:
Name:
Address:
Phone: Fax:
Registration under of applicant as
registered forest industry participant:
Registration number:
Declaration of applicant status
under Investment Promotion Authority (IPA) Act:
A company or joint venture owned 50%
or more by non-citizens is a foreign enterprise.
Is the applicant a foreign
enterprise? YES/NO
If yes, IPA certificate number:
Location of the proposed project:
Province:
Location:
NOTE: THIS FORM IS TO BE LODGED WITH
THE MANAGING DIRECTOR, NATIONAL FOREST SERVICE, P.O. BOX 5055, BOROKO, PAPUA
NEW GUINEA. Applications received by other Forest Authority offices will be
returned to the applicant.
Details of the proposed project:
Forest Product to be harvested:
Quantity to be harvested:
Proposed term:
Commencement date:
Declaration by Applicant:
I declare that the following
documents are included with this application and that the contents of the forms
are to the best of my knowledge and belief true and correct:
(1) application fee
per Schedule 3 of the Forestry Regulation (cheque made out to Papua New Guinea
Forest Authority);
(2) a copy of the
applicant's IPA approval in respect of the activities and location to be
carried out under the timber authority (if relevant);
(3) a map and
description of the project area in respect of which the application is made
("the project area") giving details of land tenure;
(4) a completed Form
165 from each resource owning clan agent (or Incorporated Land Group if they
have been formed) within the project area, which has been signed in the village
in the presence of a Village Court Magistrate or land mediator;
(5) copies of all
Sales and Purchase Agreement in Form 166 and all other agreements between the
applicant and the customary owners, which relate to the purchase, harvest,
processing or marketing of timber and other forest products from the project
area;
(6) details of the
proposed revenue benefits to landowners form the project;
(7) a description of
the type and amount of forest produce to be harvested;
(8) a plan for
utilisation of the forest produce to be harvested;
(9) copies of any
agreements, or details of proposed arrangements with another registered forest
industry participant in respect of the marketing and processing of other forest
from the project area.
Declared at . . . this . . . day of
. . . 20...
Dated this . . . day of . . . 20...
________________________
Signed on behalf of the applicant
__________________ ______________________
Name of person signing Office
held with the Applicant
IT IS AN OFFENCE UNDER THE FORESTRY
ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN APPLICATION AND THE OMISSION,
MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN APPLICATION MAY BE GROUNDS
FOR SUSPENSION OF THE TIMBER AUTHORITY.
Form 163.—Timber authority to harvest plantation material
on government, state leasehold, private leasehold or private freehold lands
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 87 Form
163
Reg. 167
TIMBER AUTHORITY TO HARVEST
PLANTATION MATERIAL ON GOVERNMENT, STATE LEASEHOLD, PRIVATE LEASEHOLD OR
PRIVATE FREEHOLD LANDS
Authority No.:
Project Area name:
I, . . . , Chairman of the Committee
responsible for forestry matters in the . . . Provincial Government by virtue
of the powers conferred by Section 87 of the Forestry Act 1991 and all other
powers me enabling, hereby grant a timber authority to . . . , a registered
forest industry participant (Registration No. . . .) (referred to in this
Authority as "the holder").
This Authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions—
(a) the amount of allowable cut shall
be as specified in Schedule 3; and
(b) the holder must, within 21 days,
lodge a performance bond in accordance with Section 98 of the Act for the
amount specified in Schedule 4 (and if the performance bond is not lodged then
this timber authority is void and of no effect); and
(c) the holder must comply with the
terms and conditions specified in the Schedules hereto.
Dated this . . . day of . . . 20...
_________________
Signature of Chairman
SCHEDULE 1—Map and description of
Project Area
(INSERT A DESCRIPTION OF THE
PROJECT AREA AND INCLUDE A MAP WITH THE AREA OUTLINE IN RED)
SCHEDULE 2—Term and commencement
date
The term of the Authority is for a
period of . . . commencing on the . . . of . . . 20...
(The term must not exceed, where
applicable, any term in any relevant lease)
SCHEDULE 3—Allowable cut, Allowable
export and Reforestation requirement
The allowable area to be clearfelled
is: . . .
The Proportion of the total
allowable harvest volume allowed to be exported in round log form is . . .
The area required to be
reforested within one year of clearfelling is: . . .
SCHEDULE 4—Performance Bond
The amount of the performance bond
will be K...
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 5—Standard conditions
1. INTERPRETATION
1.1 In this Authority—
"Legal Owner" means the
person who has the right of legal occupancy to the land upon which the
plantation material has been planted whether such land is held by the owner
under and pursuant to a State Lease, a private leasehold or private freehold;
"Project Area" means the area
described in Schedule 1;
"Plantation Material" means
forest produce as defined in the Act provided that it is capable of being
planted and produced using afforestation or reforestation techniques;
"Plantation Owners" means the
legal owners of the Plantation Material in the Project Area, and includes any
person or organisation named as owners in any Sales and Purchase Agreement and
may include the legal owner as defined hereto;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this timber authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. CONDITIONS PRECEDENT
2.1 The following conditions
must be satisfied before this timber authority becomes effective—
(a) the lodgement of a Performance
Bond in accordance with Schedule 4;
(b) the continued validity of the
Authority holder's registration as a forest industry participant;
(c) if the applicant is a foreign
enterprise within the meaning of the Investment Promotion Authority Act, the
continued validity of the IPA approvals for the activity authorized by the
timber authority.
2.2 If the registration or
approval referred to in Clause 2.1 ceases to be valid, this timber authority
immediately becomes void and of no effect.
3. HARVESTING AND EXPORT
3.1 Subject to the terms and
conditions of this Authority, the provisions of the Forestry Act and Forestry
Regulations, and the provisions of the lease agreement (if any) the holder may
exercise timber rights within the Authorized Harvesting Area during the term of
this Authority and to export the allowable volume.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this Authority the holder may exercise rights within those
parts of the Project Area in which harvesting is authorized—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest products;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the Project area subject to
payment of any royalty agreed with the resource owners or fixed in the Sales
and Purchase Agreement;
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use road and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Subject to this Authority
and the laws of PNG, the holder may export Plantation Material harvested under
this Authority.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental Contaminants
Act, Environmental Planning Act, Water Resources Act and other environmental
laws of Papua New Guinea.
5.2 The holder must at all
times comply and observe all such standards and practices as determined from
time to time by the Authority and issued in the form of a P.N.G. Logging Code
of Practice or any replacement document thereof.
6. PAYMENT FOR PLANTATION
MATERIAL
6.1 Where the holder is not
the legal Plantation Owner, the holder must pay revenue to the Plantation Owner
at the agreed rates (if any) specified in Schedule 6 in respect of all
Plantation Material felled and scaled within the Project Area.
6.2 In addition to payments
made to the Plantation Owners (if any), the holder must pay any Forest Industry
levies set out in Schedule 6, or which are from time to time fixed by the
Minister in respect of the timber authority, or in respect of Timber
Authorities to harvest Plantation Material generally.
7. LAND AND BUILDINGS
7.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 4, without the consent of
the Legal Owners and the Plantation Owners.
7.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this Authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the timber authority doing as little damage to the land as
possible.
8. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
8.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
8.2 Where forest produce
harvested in the Project Area is to be exported, the holder must also comply
with any procedures for export of forest produce from time to time specified by
the Managing Director.
9. SUBCONTRACTING PROHIBITED
9.1 Harvesting under this
timber authority may be carried out only by the person named as the holder and
must not be subcontracted, other than by the employment of individual contract
workers on piece-rates.
10. MARKETING
10.1 The Holder must endeavour
to obtain the best price for the Plantation Material harvested under this
timber authority and must in all cases obtain arm's length prices. For the purposes
of this clause, a price is an arm's length price if it is equal to or greater
than the price which would have been obtained on an arm's length sale on the
same terms and conditions of sale other than price.
11. COMPLIANCE WITH LAWS
13.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
SCHEDULE 6—Revenue payments
As specified by the plantation owner
and the holder from time to time.
Current Forest Industry Levies: As
applicable from time to time.
SCHEDULE 7—Provincial Forest
Management Committee Terms and Conditions
(insert if any)
Form 164.—Application for timber authority for harvesting
plantation material on government, state leasehold, private leasehold or
private freehold land
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
164
Reg. 168
APPLICATION FOR TIMBER AUTHORITY FOR
HARVESTING PLANTATION MATERIAL ON GOVERNMENT, STATE LEASEHOLD, PRIVATE
LEASEHOLD OR PRIVATE FREEHOLD LAND
Use this form for permission to
harvest Plantation forests
Name and address of Applicant:
Name:
Address:
Phone: Fax:
Registration number of applicant as
registered forest industry participant:
Registration number:
Declaration of applicant status
under Investment Promotion Authority (IPA) Act:
A company or joint venture owned 50%
or more by non-citizens is a foreign enterprise.
Is the applicant a foreign
enterprise? YES/NO
If yes, IPA certificate number:
Location of the proposed project:
Province:
Location:
NOTE: THIS FORM IS TO BE LODGED WITH
THE MANAGING DIRECTOR, NATIONAL FOREST SERVICE, P.O. BOX 5055, BOROKO, PAPUA
NEW GUINEA. Applications received by other Forest Authority offices will be
returned to the applicant.
Details of the proposed project:
Forest Produce to be harvested:
Area to be clearfelled:
Reforestation Planting to be
undertaken:
Proposed term:
Commencement date:
Declaration by Applicant:
I declare that the following
documents are included with this application and that the contents of the forms
are to the best of my knowledge and belief true and correct:
(1) application fee
per Schedule 3 of the Forestry Regulation (cheque made out to Papua New Guinea
Forest Authority);
(2) a copy of the
applicant's IPA approval in respect of the activities and location to be
carried out under the timber authority (if relevant);
(3) a map and
description of the project area in respect of which the application is made
("the project area") giving details of land tenure;
(4) copies of lease
agreements or copies of titles to freehold land;
(5) copies of all
Sales and Purchase Agreements between the applicant and the Plantation Owners
and the Legal Owners, which relate to the purchase, harvest, processing or
marketing of Plantation Material from the project area;
(6) details of the
proposed revenue payments to the Plantation Owners;
(7) a description of
the type and amount of Plantation Material;
(8) a plan for
utilisation of the Plantation Material to be harvested;
(9) copies of any
agreements, or details of proposed arrangements with another registered forest
industry participant in respect of the marketing and processing of Plantation
Material from the Project Area.
Declared at . . . this . . . day of
. . . 20...
Dated this . . . day of . . . 20...
________________________
Signed on behalf of the applicant
__________________ ______________________
Name of person signing Office
held with the Applicant
IT IS AN OFFENCE UNDER THE FORESTRY
ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN APPLICATION AND THE OMISSION,
MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN APPLICATION MAY BE GROUNDS
FOR SUSPENSION OF THE TIMBER AUTHORITY.
Form 165.—Timber authority.—Verification of ownership and
consent of landowners
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
165
Reg. 160, 162, 164, 166, 168
TIMBER AUTHORITY-VERIFICATION OF
OWNERSHIP AND CONSENT OF LANDOWNERS
(A SEPARATE COPY OF THIS FORM
MUST BE COMPLETED FOR EACH CLAN AGENT, INCORPORATED LAND GROUPS OR INDIVIDUAL
HAVING OWNERSHIP RIGHTS OVER TIMBER AND/OR FOREST PRODUCTS NOT BE TAKEN UNDER
THE TIMBER AUTHORITY. COMPLETED FORMS SHOULD BE ATTACHED TO THE APPLICATION FOR
TIMBER AUTHORITY).
1. Name and address of
Resource Owners
Name:
Address:
*note that only a Clan Agent or an
Incorporated Land Group can exercise rights over customary land. Corporations
may only exercise rights over freehold or leasehold land, not over customary
land.
The sales and purchase agreement as
prescribed in the Regulations and this Consent Form must be signed in the
village where the customary owners live, and witnessed by a Village Court
Magistrate or a land mediator.
2. Basis of ownership
· Customary · Freehold
title · Leasehold title
· other
(please describe)
3. Consent to the project—
I hereby certify that—
(a) I have been given a copy of the
attached application for a timber authority and the project documents which go
with the application;
(b) the resource owners named above
have ownership rights over timber or other forest produce with the—
Area
(describe
the area owned by the resource owners)
(c) the resource owners consent to the
harvesting of—
· timber or
· other forest produce
in the area; (tick the box which
applies)
(d) I have been appointed according to
customs to act as the agent of the resource owners for the purpose of the
project.(strike out if the land is not customary land)
DATE: (write the date of signing
here)
Signature:
(the person giving consent on
behalf of the resource owners signs here. If the land is customary land, the
form must be signed in the place where the resource owners live. A Village
Court Magistrate or land mediator must witness the signature—see section
4 below).
Name of person signing
Place where the form was signed:
If the land is customary land, is
the person giving consent above—
· Clan Agent
· Authorized by an Incorporated
Land Group
(tick the box which applies)
4. Certificate by witness
I certify that I believe the person
whose signature appears above is authorized to give this consent on behalf of
the resource owners named, and that I believe that the resource owners are the
true owners of the land described.
Signature of witness:
Name of witness:
Address of witness:
Position held by witness:
(Witness must be a Village Court
Magistrate or Land Mediator)
Form 166.—Sales and purchase agreement
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
166
Reg. 160, 162, 164. 166, 168
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT is made on the . . .
day of . . . 20...
BETWEEN
Name:
Address:
Registered Forest Industry
Participant and timber authority applicant (called 'the Purchaser' in this
agreement)
AND
Clan name:
Village
Customary owners of timber in the .
. . area (called 'the Resource Owners') in this Agreement.
WHEREAS:
A. The Resource Owners
comprises the persons listed in Schedule 1 who are the sole owners of customary
land in the area and have the right to sell timber or other forest products
growing on the land in the area marked in red on the map in Schedule 2. (use
one agreement for each clan);
B. The Resource
Owners have not otherwise sold or disposed of rights over the timber or other
forest produce growing on the land;
C. The Purchaser
wishes to make an Agreement with the Resource Owners for the purchase of timber
or other forest produce.
D. The Resource
Owners have appointed as their agent in accordance with custom—
name of Clan Agent or person
appointed by Incorporated Land Group
to execute this agreement on their
behalf.
NOW IS AGREED AS FOLLOWS
1. CONDITION PRECEDENT
1.1 This Agreement is subject
to and conditional upon the grant of a timber authority and shall not confer
any right to harvest timber or other forest produce except in accordance with
that timber authority.
2. GRANT OF RIGHTS TO TIMBER
OR OTHER FOREST PRODUCE
2.1 The Resource Owners hereby
grant to the Purchaser the exclusive right to purchase timber or other forest
produce from the land area described in Schedule 2 (referred to in this
agreement as 'the Clan land', with the exception of those species listed in
Schedule 4).
2.2 The Resource Owners
declare that—
(a) they are customary owners of the
Clan land;
(b) they are entitled under custom to
deal with the timber or other forest produce on that land; and
(c) no other person has any right or
interest in the timber or other forest produce on the land.
2.3 Timber or other forest
produce remains the property of the customary owners of the land in which it is
growing until it has been felled, when the timber or other forest produce
becomes the property of the Purchaser, subject to the payment of the monetary
benefits set out in Schedule 3.
2.4 The Resource Owners must
not interfere with the carrying out of this Agreement.
2.5 The Resource Owners must not
allow any other person to acquire an interest in the timber or other forest
produce which the Purchaser may be entitled to take under this Act.
3. TERM OF THIS AGREEMENT
3.1 The term of this Agreement
is . . . commencing on the day on which a timber authority covering all or part
of the Clan land is issued.
4. MONETARY BENEFITS
4.1 At the end of each month
during which timber or other forest produce has been taken under this
Agreement, the Purchaser must pay to the Resource Owners monetary benefits in accordance
with Schedule 3, calculated on the volume of timber scaled or other forest
produce declared during that month.
5. ADDITIONAL RIGHTS OF THE
PURCHASER
5.1 The Resource Owners grant
to the Purchaser and all persons lawfully authorized by the Purchaser the right
to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks and formed and
unformed roads, tracks, bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for the forest produce;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the land area described in
Schedule 2 subject to payment of revenue benefits described in Schedule 3.
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use roads and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys and inventories).
6. RIGHTS OF THE RESOURCE
OWNERS
6.1 The Clan and its members are
entitled to carry out all customary rights to:
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing, artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Agreement
entitles any employee of the Purchaser to hunt, fish or make gardens on Clan
land without the permission of the owners of the relevant land.
6.3 The Resource Owners have
the right to—
(a) mark commercial trees and other
forest produce which are required by them for traditional purposes;
SCHEDULE 1—List of resource owners
Name Signature
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
SCHEDULE 2—Map Diagram of clan land
area
(Insert map—need not be to
scale—showing clan area with red boundary)
Cultural areas to be excluded
under clause 6 may also be shown in green or blue.
SCHEDULE 3—Monetary benefits
(Note: Monetary benefits must be
payouts not less than those required under the National Forest revenue
requirements for Timber Permit Holder such at the time of harvest, etc.)
SCHEDULE 4—Excluded species
May also list any excluded areas
if they cannot be shown on the map in Schedule 2.
Form 167.—Application for timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
167
Reg. 169
Date: Application
number:
TO THE APPLICANT
APPLICATION FOR TIMBER AUTHORITY
Your application for a timber
authority for
*harvesting under 5,000 cubic metres
per year
roadline clearance
agricultural clearance
harvesting other forest produce
harvesting plantation material
has been received by this office.
The application has/has not been
accepted because
*Application form is not completed
Application fee of K not enclosed
Applicant is not a registered forest
industry participant
no valid IPA certificate included
required information is missing
(if required information is
missing, specify here what it is)
*Your Application is returned
herewith for your completion and relodgement.
*your Application will now be
referred to the Provincial Forest Management Committee to consider and evaluate
and make a recommendation under Section 89 of the Forestry Act.
Yours faithfully
*delete as appropriate
Dated . . . day of . . . 20...
______________
Managing Director
c.c. Regional Office, . . . Region
National Forest Authority Board Secretariat
PFMC Chairperson, . . . Province
Form 168.—Referral to the Provincial Forest Management
Committee of application for timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 88 Form
168
Reg. 170
REFERRAL TO THE PROVINCIAL FOREST
MANAGEMENT COMMITTEE OF APPLICATION FOR TIMBER AUTHORITY
To: . . . Provincial Forest
Management Committee
An application for a timber
authority has been received from . . . being a registered forest industry
participant (Reg. No. . . .)
I am satisfied that the application
(a copy of which is attached) has been lodged in the approved manner. The
application is referred to the Committee to consider and evaluate and otherwise
deal with it pursuant to Section 89 of the Forestry Act 1991 and to make
recommendation to the chairman of the Forestry Committee of the Provincial
Executive Council on whether the applicant should be granted a timber authority
for the purposes of:
* domestic processing of not more
than 5,000m3 per year
* harvesting logs for commercial use
from roadline clearing operations
* harvesting logs for commercial use
for use from forest clearing operations for agricultural or other land use
development (specify) (except road building)
* harvesting of other forest produce
* harvesting of plantation material.
*delete whichever is not applicable
Project Area:
Dated this . . . day of . . . 20...
______________
Managing Director
Form 169.—Rejection by a Provincial Forest Management
Committee of an application for a timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 89(4) Form
169
Reg. 171
TO THE APPLICANT Application
No.:
REJECTION BY A PROVINCIAL FOREST
MANAGEMENT COMMITTEE OF AN APPLICATION FOR A TIMBER AUTHORITY
Pursuant to Section 89(4) of the
Forestry Act, 1991 the . . . Provincial Forest Management Committee has
considered and evaluated your application and has formed the opinion that it is
not satisfactory and accordingly, you are hereby notified that the Provincial
Forest Management Committee will not recommend to the Chairman of the Committee
responsible for Forestry functions in the . . . Provincial Executive Council to
grant a timber authority.
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
c.c. The Board
c.c. Managing Director, National
Forest Service
Form 170.—Recommendation by the Provincial Forest
Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 89(4) Form
170
Reg. 172
RECOMMENDATION BY THE PROVINCIAL
FOREST MANAGEMENT COMMITTEE
To: The Chairman of the Committee
responsible for Forestry functions in the . . . Provincial Executive Council
The Forest Management Committee
having considered and evaluated under section 89 of the Forestry Act an
application by the person named below for a timber authority and being of the
opinion that it is satisfactory recommends the grant of a timber authority in
the Form and in terms of the attached timber authority to the applicant for the
purposes of:
* domestic processing of up to
5,000m3 per year
* harvesting logs for commercial use
from roadline clearing operations
* harvesting logs for commercial use
for use from forest clearing operations for agricultural or other land use
development (specify) (except road building)
* harvesting of other forest produce
* harvesting of plantation material.
Name of applicant:
The recommendation is in respect of
the following project area:
(described project area)
Attached
Recommended draft timber authority.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
__________________
Name of person signing
c.c. The Board
c.c. Managing Director, National
Forest Service
Form 171.—Notice of intention to grant timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 89(5) Form
171
Reg. 173
NOTICE OF INTENTION TO GRANT TIMBER
AUTHORITY
To: The Board
A recommendation has been received
by me from the . . . Provincial Forest Management Committee under section 89(4)
of the Forestry Act 1991 to grant a timber authority to . . . (the applicant)
Take notice that I intend under
Section 89(5) of the Act to grant a timber authority in terms and in the form
of the attached timber authority to the above named for the following purpose over
the project area described below.
* domestic processing up to 5,000m3
per year
* harvesting logs for commercial use
from roadline clearing operations
* harvesting logs or commercial use
for use from forest clearing operations for agricultural or other land use
development (specify) (except road building)
* harvesting of other forest produce
* harvesting of plantation material.
Project Area: (description)
timber authority
(Attach copy of Proposed timber
authority)
The consent of the Board to the said
grant is hereby requested.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_____________________________
Chairman of the Committee responsible
for Forestry Functions in the
. . . Provincial Executive Council
Form 172.—Consent/non-consent to grant of timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 89 Form
172
Reg. 174
*CONSENT/NON-CONSENT TO GRANT OF
TIMBER AUTHORITY
To: Chairman of Committee
responsible for forestry functions in . . . Provincial Government
Having received notification from
the Provincial Chairman of the Forestry Committee under Section 89(5) of the
Forestry Act that he intends to grant a timber authority to . . . for the
following purpose over the project area described below.
* domestic processing up the 5,000m3
per year
* harvesting logs for commercial use
from roadline clearing operations
* harvesting logs or commercial use
for use from forest clearing operations for agricultural or other land use
development (specify) (except road building)
* harvesting of other forest produce
* harvesting of plantation material.
Project Area: (description)
The Board hereby *consents/does not
consent to the said grant
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 173.—Cancellation of timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 90 Form
173
Reg. 175
CANCELLATION OF TIMBER AUTHORITY
To: . . .
(Insert name of Holder of timber
authority)
The timber authority No. . . . held
by you in respect of the project area described below is cancelled on the
ground(s) that:
* the holder of the timber authority
* the holder being a corporate
person a principal of the holder
* has been
convicted of an offence—
* against the Forestry Act 1991
* concerning forestry matters,
against a law other than the Forestry Act 1991
* has failed to
comply with a condition or conditions of the timber authority, namely:
(specify the
condition(s) not complied with)
Project Area:
*delete as appropriate
Dated this . . . day of . . . 20...
_____________________
Chairman of the Committee
responsible for Forestry Functions
in the . . . Provincial
Executive Council
c.c. The Board
Form 174.—Notice of intention to cancel timber authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 90 Form
174
Reg. 176
NOTICE OF INTENTION TO CANCEL TIMBER
AUTHORITY
To: . . .
(Insert name of Holder of timber
authority) (timber authority No. . . .)
Take notice that I intend to cancel
the timber authority held by you in respect of the project area described below
on the ground(s) that:
* the holder of the timber authority
* the holder being a corporate
person a principal of the holder
* has been
convicted of an offence—
* against the Forestry Act 1991
* concerning forestry matters,
against a law other than the Forestry Act 1991
* has failed to
comply with a condition or conditions of the timber authority.
Project Area: (specify)
Particulars of the offence and/or
failure to comply: (specify)
Representations as to why the timber
authority should not be cancelled may be made in writing within fourteen days
(or such extended time as may be allowed)
*delete whichever is inapplicable
Date this . . . day of . . . 20...
_____________________________
Chairman of the Committee responsible
for Forestry Functions in the . . .
Provincial Executive Council
c.c. The Board
Form 175.—Licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 91 Form
175
Reg. 177
LICENCE
Licence No.:
. . . a registered Forest Industry
*Participant/Consultant (Reg. No. . . .) is hereby licensed to engage in the
Forestry Industry activities specified in Schedule 1 in addition to those
activities carried out, or proposed to be carried out, under Timber
Permit/timber authority* No. . . . in the project area described therein.
This licence is granted for a term
of 12 months commencing on the . . . day of . . . and is conditional on
compliance by the licensee with the terms and conditions of the *Timber
Permit/timber authority to which the activities authorized by this licence are
related including but not limited to compliance with all standards and practices
as determined from time to time by the Authority including but not limited to
the P.N.G. Logging Code of Practice, the Procedures for Exporting Logs and the
Procedures for the Identification, Scaling and Reporting (including Royalty
Self-assessment) on Logs harvested from Natural Forest Logging Operations or
any revisions or replacement documents thereof.
This licence is conditional upon the
lodgement of a performance bond in accordance with Section 98 of the Act in an
amount specified in Schedule 2.
The licensee shall comply with the
terms and conditions contained in Schedule 3.
*delete whichever is inapplicable
Date this . . . day of . . . 20...
___________
For the Board
SCHEDULE 1
(Specify the activity or
activities in respect of which the licence is granted)
SCHEDULE 2
The amount of the performance bond
is K...
SCHEDULE 3
(Specify such conditions as are
applicable).
Form 176.—Return by Managing Director of an application
for a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 91(1) Form
176
Reg. 178
Date:
TO THE APPLICANT Application
number:
RETURN BY MANAGING DIRECTOR OF AN
APPLICATION FOR A LICENCE
I refer you to your application
dated the . . . day of . . . 20... for a Licence for:
(specify)
The application has not been
accepted because:
Application form is not completed
Application fee of K... not enclosed
Applicant is not a registered forest
industry *participant/consultant
No valid IPA certificate
Required information is missing
(specify)
Your Application is returned
herewith for your completion and relodgement.
Yours faithfully
*delete if inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 177.—Application for licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 92 Form
177
Reg. 179
APPLICATION FOR LICENCE
To the Board
. . . a registered forest industry
*participant/consultant (Reg. No. . . .) hereby applies for a licence in
respect of the following project area . . . (if applicable) to engage in:—
*the felling and logging of forest
produce
*the transportation of forest produce
*the sale of forest produce
*the purchase of forest produce
*the marketing of forest produce
*the processing of forest produce
*the grading of forest produce
*forest industry consultancy (specify)
*other activities (specify)
Enclosed with this application are:
(a) particulars as prescribed in
Regulation 179.
(b) a cheque in favour of the Papua New
Guinea Forest Authority in the sum prescribed in Schedule 3.
*delete whichever is inapplicable.
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ ___________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055 BOROKO
PAPUA NEW GUINEA
Form 178.—Return by Managing Director of an application
for a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 92 Form
178
Reg. 180
TO THE APPLICANT Application
No.:
RETURN BY MANAGING DIRECTOR OF AN
APPLICATION FOR A LICENCE
I refer you to your application
dated the . . . day of . . . 20... for a Licence to engage in:
Your application has not been accepted
because
*Application form is not completed
Application fee of K... not enclosed
Applicant is not a registered forest
industry participant
Proposed applicant has no valid IPA
certificate
Required information is missing
Further/additional information is required
(specify)
Your Application is returned
herewith for your completion and relodgement.
Yours faithfully
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 179.—Referral to Board for consideration of
application for a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 93 Form
179
Reg. 181
REFERRAL TO BOARD FOR CONSIDERATION
OF APPLICATION FOR A LICENCE
To the Board
An application by . . . , a
registered forest industry participant/consultant (Reg. No. . . .) is herewith
referred by me under Section 93 of the Act to the Board for it to consider and
evaluate the application and to thereupon determine whether a licence should be
issued to the applicant under Section 91 of the Act.
Dated this . . . day of . . . 20...
(Attach copy of application to
this form)
______________
Managing Director
Form 180.—Board determination to seek assistance from the
National Forest Service or any relevant department in evaluating an application
for the issue of a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 93(3) Form
180
Reg. 182
BOARD DETERMINATION TO SEEK
ASSISTANCE FROM THE NATIONAL FOREST SERVICE OR ANY RELEVANT DEPARTMENT IN
EVALUATING AN APPLICATION FOR THE ISSUE OF A LICENCE
To: *Managing Director, National
Forest Service/ . . . Department
The Board is required to consider
and evaluate an application made under Section 92 of the Forestry Act, 1991 for
a Licence.
Pursuant to Section 93(3) of the
Forestry Act, 1991 the Board requires your assistance in making an evaluation.
A copy of the application and the
assistance the Board requires from you is set out hereunder.
Copy of the Application:
(attach)
Assistance required by the Board:
(specify)
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 181.—Rejection by the Board of an application for a
licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 93(4) Form
181
Reg. 183
TO THE APPLICANT
REJECTION BY THE BOARD OF AN
APPLICATION FOR A LICENCE
TAKE NOTE that pursuant to Section
93(4) of the Forestry Act, 1991 the Board after having considered and evaluated
your application against those matters as set out in Section 93(2) of the Act
has formed the opinion that the application is not satisfactory to the extent
as follows:
(specify)
AND TAKE FURTHER NOTICE that the
Board will accordingly not grant a Licence as sought.
Dated this . . . day of . . . 20...
___________________
For . . . Provincial Forest
Management Committee
Form 182.—Cancellation of licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
182
Reg. 184
CANCELLATION OF LICENCE
I, . . . , Minister for Forests
under Section 97 of the Forestry Act hereby cancel Licence No. . . . held by .
. . , a registered forest industry *participant/consultant (Reg. No. . . .)
Dated this . . . day of . . . 20...
*delete whichever is inapplicable
_______________
Minister for Forests
c.c. The Board
Form 183.—Notice of intention to cancel licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
183
Reg. 185
NOTICE OF INTENTION TO CANCEL
LICENCE
To . . .
Take notice that the Minister for
Forests intends to cancel the within Licence for the reasons stated below. You
are required within fourteen days from the date of service of this notice to
make any representations as to why the Licence should not be cancelled.
Licence No.:
Reasons:
Dated this . . . day of . . . 20...
______________
Managing Director
Form 184.—Representation to Managing Director from holder
of licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
184
Reg. 186
REPRESENTATION TO MANAGING DIRECTOR
FROM HOLDER OF LICENCE
To: Managing Director
I, . . . a registered forest
industry *participant/consultant (Reg. No. . . .) hereby make representations
as attached under Section 97 of the Act as to why the Licence should not be
cancelled.
Representation:
(attach to this form)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
_________________ ___________________
Name of person signing Office
held with Applicant
NOTE: THIS FORM IS TO BE LODGED
WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 185.—Request of holder of licence to be heard on
cancellation of licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
185
Reg. 187
REQUEST OF HOLDER OF LICENCE TO BE
HEARD ON CANCELLATION OF LICENCE
To: Managing Director
I, . . . , a registered forest
industry *participant/consultant (Reg. No. . . .) hereby request under Section
97 of the Forestry Act, 1991 to be given the opportunity to be heard in respect
of the Notice issued by the Managing Director on the . . . day of . . . 20...,
relating to the Licence referred to below.
Licence No.:
(insert description and number)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________________
Signed on behalf of the holder
of the Licence
_________________ ____________________________
Name of person signing Office held with
holder of the Licence
NOTE: THIS FORM IS TO BE LODGED
WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 186.—Managing Director's report to Board of hearing
on proposed cancellation of licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
186
Reg. 188
MANAGING DIRECTOR'S REPORT TO BOARD
OF HEARING ON PROPOSED CANCELLATION OF LICENCE
To the Board
In accordance with Section 97(7)(a)
of the Forestry Act 1991, I report as follows in respect of the hearing under
Section 97(4) of the Forestry Act 1991 as to why the Licence referred to
hereunder held by . . . a registered forest industry *participant/consultant
(Reg. No. . . .) should not be cancelled.
Licence No.:
Report:
(Attach report)
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 187.—Recommendation by Board to Minister on proposed
cancellation of licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
187
Reg. 189
RECOMMENDATION BY BOARD TO MINISTER
ON PROPOSED CANCELLATION OF LICENCE
To the Minister for Forests
The Board in accordance with Section
97(7)(b) of the Forestry Act 1991 has considered the attached report made by
the Managing Director under Section 97(7)(a) of the Act in respect to a
proposed cancellation of a licence described below and herewith forward the report
to you with the Board's recommendations thereon.
Licence No.:
(describe)
Report:
(attach)
Recommendations:
(specify)
Dated this . . . day of . . . 20...
___________
For the Board
Form 188.—Managing Director's report to Board where no
representations have been made or hearing requested in respect to a proposed
cancellation of a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
188
Reg. 190
MANAGING DIRECTOR'S REPORT TO BOARD
WHERE NO REPRESENTATIONS HAVE BEEN MADE OR HEARING REQUESTED IN RESPECT TO A
PROPOSED CANCELLATION OF A LICENCE
To the Board
I advise that the Board that . . . ,
the holder of Licence No.: . . . has not made any representations under Section
97(3)(b) of the Act or a request to be heard under Section 97(4) of the Act in
respect to a Notice served on the holder of the Licence on the . . . day of . .
. 20...
In accordance with Section 97(5) of
the Act the Minister is now required to cancel the said Licence and the Board
should advise the Minister accordingly.
Timber Permit:
(attach report of hearing)
Dated this . . . day of . . . 20...
______________
Managing Director
Form 189.—Board's advice to Minister to cancel a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 97 Form
189
Reg. 191
BOARD'S ADVICE TO MINISTER TO CANCEL
A LICENCE
To the Minister for Forests
The Board advises you that the
holder of the Licence named and described below has not made any
representations within the 14 period as provided for in Section 97(5)(b) of the
Forestry Act and has not made a request to be heard under Section 97(4) of the
Act.
You are now require pursuant to
Section 97(5) of the Act to cancel the said Licence.
Name of Holder of Licence:
(State)
Timber Permit:
(describe)
Dated this . . . day of . . . 20...
___________
For the Board
Form 190.—Licence extension
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 95 Form
190
Reg. 192
LICENCE EXTENSION
Licence No.:
Licensee:
The Board by virtue of the powers
conferred by Section 95 of the Forestry Act and all other powers it enabling,
hereby grant an extension of 12 months to the term of the above licence such
that the term of licence shall now expire on . . . 20...
The Licensee is hereby authorized to
engage in the activities specified in the licence during the term of the
extension subject to the Act and to the terms and conditions set out in the
licence.
Dated this . . . day of . . . 20...
___________
For the Board
Form 191.—Application for extension of licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 95 Form
191
Reg.193
APPLICATION FOR EXTENSION OF LICENCE
To the Board
. . . , a registered forest
industry *participant/consultant (Reg. No. . . .) and the holder of Licence No.
. . . hereby applies for an extension of 12 months to the term of the licence
in respect of the following project area:
(Describe)
Enclosed with this application are:
(a) a brief submission setting out why
the extension is sought; and
(b) a cheque in favour of the Papua New
Guinea Forestry Authority in the sum prescribed in Schedule 3.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
_________________ ___________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 192.—Return by Managing Director of application for
extension of term of a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 95(1) Form
192
Reg. 194
To: THE APPLICANT Application
No.:
RETURN BY MANAGING DIRECTOR OF
APPLICATION FOR EXTENSION OF TERM OF A LICENCE
I refer you to your application
dated the . . . day of . . . 20... for extension of term of a licence.
The application has not been
accepted because:—
*Application form is not completed
Application fee of K... not enclosed
Applicant is not a registered forest
industry *participant/consultant
No valid IPA certificate
Required information is missing
(specify)
Your application form is returned
herewith for completion and relodgement.
Yours faithfully
*Delete if inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 193.—Rejection of application for extension of term
of a licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 95(2) Form
193
Reg. 195
To: THE APPLICANT Application
No.:
REJECTION OF APPLICATION FOR
EXTENSION OF TERM OF A LICENCE
TAKE NOTICE that the Board pursuant
to Section 95(2) of the Forestry Act, 1991 has rejected your application dated
the . . . day of . . . 20... for an extension of the term of a Licence as
described below because the following conditions of the Licence have been
breached.
Description of Licence:
(specify)
Breaches of Conditions of Licence:
(specify)
Yours faithfully
Dated this . . . day of . . . 20...
___________
For the Board
Form 194.—Performance bond deed
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccxcix]Act,
Sec. 98 Form 194
Reg. 196
PERFORMANCE BOND DEED
This Deed is made the . . . day of .
. . 20...
At the request of the Applicant
named in Item 1 of the Schedule and in consideration of the Forest Authority
(hereinafter called 'the favouree') accepting this Performance Bond Deed and
the Covenants and undertakings contained herein, the Bank named herein
unconditionally agrees, covenants and undertakes to pay a maximum aggregate sum
as specified in Item 2 of the Schedule for the period specified in Item 3 of
the Schedule commencing from the date of this Performance Bond Deed as security
for the performance of the covenants, conditions and warrantys contained in the
*timber permit/timber authority/licence/forest clearing authority/authority to
carry out large scale agriculture or other land use development/authority to
carry out large scale roadline development as described in Item 4 of the
Schedule which was granted to the applicant.
This Performance Bond Deed and the
Covenants and undertakings contained therein shall continue until the earlier
of:—
(i) Notification by the favouree is
received by the Bank in the form of an Authority to release funds and that the
Performance Bond and the Covenants and undertakings therein are no longer
required by the favouree.
(ii) The Performance Bond Deed has
expired.
(iii) Payment is made by the bank to
the favouree of the whole of the sum or such part as the favouree may require.
Should the Bank be notified in
writing, purporting to be signed by or for and on behalf of the favouree that
the favouree desires payment to be made of the whole or any part or parts of
the said sum, providing such notification is received by the Bank prior to the
aforesaid expiry time, the Bank unconditionally agrees covenants and undertakes
that such payment or payments will be made to the favouree forthwith without
further reference to the Applicant and notwithstanding any notice given by the
Applicant not to pay same.
Provided always that the Bank may at
any time without being required to do so pay to the favouree the said sum
referred to in Item 2 of the Schedule less any amount or amounts it may
previously have paid under this Performance Bond Deed or such lesser sum as may
be required and specified by the favouree and thereupon the liability of the
Bank hereunder shall immediately cease and determine.
* Delete whichever is
inapplicable
SCHEDULE
Item 1. Name of Applicant: . . . .
. . . . . . . . . . .
Item 2. Maximum aggregate sum: . .
. . . . . . . . . . . . .
Item 3. Period: . . . . . . . . .
. . . . . .
Item 4. Type of
Permit/Licence/Authority: . . . . . . . . . . . . . . .
Number: . . . . . . . . . . . . . .
.
Commencement Date: . . . . . . . . .
. . . . . .
Term: . . . . . . . . . . . . . . .
Name of Project Area: . . . . . . . .
. . . . . . .
Signed, sealed and delivered by the
Bank on the day and year hereinbefore written.
The common seal, etc.
Form 195.—Confirmation of lodgement of performance bond
deed
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 98 Form
195
Reg. 197
CONFIRMATION OF LODGEMENT OF
PERFORMANCE BOND DEED
Both the Holder and the Bank must
complete this form and lodge it with the Managing Director before the Timber
Permit, timber authority or Licence becomes effective
Name and address of Holder of
*Timber Permit, timber authority or Licence:
Name:
Address:
Phone: Fax:
Details of Timber Permit, timber
authority or Licence:
Type of TP, TA or Licence:
Number:
Commencement Date:
Term:
Name of Project Area:
(if relevant)
Location:
(if relevant)
Amount of Performance Bond required: K...
Details of Bond Account:
Name of Bank:
Branch Address:
Phone: Fax:
Account number:
Account balance: K...
PART ONE—DECLARATION BY HOLDER
Name and address of person making
this declaration:
Name:
Address:
Phone: Fax:
Position held with Holder:
1. I am authorized
to make this declaration on behalf of the above named Holder of the *Timber
Permit/timber authority/Licence.
2. The Holder
maintains the account set out above (called 'the Bond Account') and the account
has a credit balance as described above.
3. The Holder has
nominated the funds held in the Bond Account to comprise the Performance Bond
required to be lodged by it under the terms of the Timber *Permit/timber
authority/Licence and Section 98 of the Forestry Act.
4. The Holder has
given an irrevocable authority to the Bank to release to the Forest Authority
such sums as the Authority seeks to draw, from funds held in the Bond Account,
and such authority will remain in force until such time as the Bank receives a
release notice under seal of the Forest Authority.
5. I have personal
knowledge of the facts herein stated which are true and correct to the best of
my knowledge and belief.
Signature
of declarant
Signature
of witness
Place of declaration:
Date of declaration:
Name of witness:
Address of witness:
*Delete whichever is inapplicable
Form 196.—Notice of intention to draw on performance bond
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccc]Act,
Sec. 98 Form 196
Reg.197
NOTICE OF INTENTION TO DRAW ON
PERFORMANCE BOND
To: . . . . . . . . . . . . . .
. . . . . . . . . . . . .
being the holder of *timber permit,
timber authority, licence, forest clearing authority, authority to carry out
large scale agriculture or other land use development, authority to carry out
large scale roadline development.
(No. . . . )
TAKE NOTICE that the Papua New Guinea Forest Authority intends to draw
on the Performance Bond lodged by you in respect of the abovementioned
*permit/timber authority/licence/forest clearing authority/authority to carry
out large scale agriculture or other land use development/authority to carry
out large scale roadline development on the grounds of non-performance by you
of the condition or requirement of such *permit/timber authority/licence/clearing
authority/authority to carry out large scale agriculture or other land
use/authority for large scale roadline development or on the grounds of a
breach of provisions of the Forestry Act 1991 as specified below.
Non-performance
(specify the alleged non-performance)
AND TAKE NOTICE that you have fourteen (14) days form the date of service
of this notice to—
(i) remedy the non-performance; or
(ii) provide a written explanation or
denial of the alleged non-performance.
Pursuant to the Act and Regulations
upon expiration of the notice period the Managing Director may—
(i) arrange for the Authority to draw
on the bond in accordance with the prescribed scale of deduction; or
(ii) if satisfied with the explanation
provided by the holder - determine that the Authority will not draw on the bond
subject to the holder taking such remedial action, if any, as he directs; or
(iii) if he is of the opinion that the
holder is not in breach or that it has taken satisfactory remedial action -
determine that the authority will not draw on the bond and in all cases shall
notify the holder in writing of his decision.
*delete whichever is inapplicable
Dated . . . day of . . . 20...
______________
Managing Director
Form 197.—Notice of determination
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccci]Act,
Sec. 98 Form 197
Reg. 197
NOTICE OF DETERMINATION
To:. . . .. . . .. . . .. . . .. . .
.. . . .. . . .. . . .
being the holder of *timber permit,
timber authority, licence, forest clearing authority, authority to carry out
large scale agriculture or other land use development, authority to carry out
large scale roadline development.
(No. . . .)
Take notice that on behalf of the
Papua New Guinea Forest Authority I have:
* Arranged for the Authority to draw
on your Performance Bond in accordance with the prescribed scale of deductions
as specified in the Regulations.
* Determined that the Authority will
not draw on your Performance Bond subject to you taking the remedial action, if
any, as set out in Schedule 1.
* Determined that you are not in
breach of the conditions of your *permit/authority/licence or the conditions of
the Forestry Act 1991 and that the Authority will not draw on your
Performance Bond.
* Determined that you have taken
satisfactory remedial action and that the Authority will not draw on your
Performance Bond.
SCHEDULE 1
Set out any remedial action required
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 198.—Authority for release of performance bond.
Authority to release funds in bond account
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccii]Act,
Sec. 98 Form 198
Reg. 197
AUTHORITY FOR RELEASE OF PERFORMANCE
BOND.
AUTHORITY TO RELEASE FUNDS IN BOND
ACCOUNT.
To: Manager
Bank
Branch
(insert address of Bank)
I, . . . , Managing Director of the
PNG Forestry Authority, hereby—
1. confirm the
expiration or cancellation of the *Timber Permit/Timber
Authority/Licence/forest clearing authority/authority to carry out large scale
agriculture or other land use development/authority to carry out large scale
roadline development held by the holder;
2. confirm that the
Forest Authority has received a completion report submitted by the Holder, I am
satisfied that the Holder has discharged his/her or its obligations under the
terms of the *Timber Permit/Timber Authority/Licence/forest clearing
authority/authority to carry out large scale agriculture or other land use
development/authority to carry out large scale roadline development; and
3. authorize and
direct you to release the funds held in the Bond Account to the Holder.
Signature
of Managing Director
THE COMMON SEAL of the Forest Authority was hereto affixed in due
execution of this release in the presence of the witness.
Seal
of the
Forest Authority
Name of witness authorized to affix
seal:
Office held by witness:
Signature of witness:
*Delete whichever is inapplicable
Form 199.—Notice requiring deposit to replenish
performance bond drawn on
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccciii]Act,
Sec. 98 Form 199
Reg. 197
NOTICE REQUIRING DEPOSIT TO
REPLENISH PERFORMANCE BOND DRAWN ON.
To: . . . . . . . . . . . . . .
. . . . . . . . . .
being the holder of *timber permit,
timber authority, or licence, forest clearing authority, authority to carry out
large scale agriculture or other land use development, authority to carry out
large scale roadline development.
(No. . . . )
TAKE NOTICE that the Authority
requires you to lodge a deposit with the . . . Bank in the sum of K... being
the sum equivalent to the amount of the bond drawn on by the Authority.
AND TAKE FURTHER NOTICE that you
have thirty (30) days from the date of service of this notice to deposit the
said sum of K... with the . . . Bank.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 200.—Submission of project statement to Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 100 Form
200
Reg. 199
SUBMISSION OF PROJECT STATEMENT TO
BOARD
To: The Board
. . . , a registered forest industry
participant (Reg. No. . . . ) and the holder of Timber Permit No. . . . over
the project area described below submits herewith under Section 100 of the
Forestry Act 1991 the attached project statement for the Board's approval.
Project Area:
(describe)
Application fee per Schedule 3 of
the Forestry Regulations made payable to the Papua New Guinea Forest Authority
in the sum of K... is enclosed.
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
_________________ ___________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 201.—Submission of five year working plan to Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 101 Form
201
Reg. 200
SUBMISSION OF FIVE YEAR WORKING PLAN
TO BOARD
To: The Board
. . . , a registered forest
industry participant (Reg. No. . . .) and the holder of Timber Permit No. . . .
over the project area described below submits herewith under Section 101 of the
Forestry Act 1991 the attached Five Year Working Plan for the Board's approval.
Project Area:
(describe)
Application fee per Schedule 3 of
the Forestry Regulations made payable to the Papua New Guinea Forest Authority
in the sum of K... is enclosed.
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
_________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 202.—Submission of annual logging plan to Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 102 Form
202
Reg. 201
SUBMISSION OF ANNUAL LOGGING PLAN TO
BOARD
To: The Board
. . . , a registered forest
industry participant (Reg. No. . . .) and the holder of Timber Permit No. . . .
over the project area described below submits herewith under Section 102 of the
Forestry Act 1991 the attached Annual Logging Plan for the Board's approval.
Project Area:
(describe)
Application fee per Schedule 3 of
the Forestry Regulations made payable to the Papua New Guinea Forest Authority
in the sum of K... is enclosed.
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
_________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 203.—Certificate of satisfactory completion of work
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 102(3) Form
203
Reg. 201
CERTIFICATE OF SATISFACTORY
COMPLETION OF WORK
Permit No.
Project Area Name:
This is to certify for the purposes
of Section 102(3) of the Forestry Act 1991 that the work described below has
been checked and that the undersigned is satisfied that the work has been
completed as detailed in the Logging Plan.
Harvesting Area:
Unit of Work:
Date notice of completion of work
received by the Forest Authority from permit holder: . . . /. . . 20...
_____________________________________________ ____________
Print name of Forest Officer/Forest Officer/Forest Inspector Forest
Inspector
Form 204.—Notice of unsatisfactory completion of work
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 102(3) Form
204
Reg. 201 & 202
NOTICE OF UNSATISFACTORY COMPLETION
OF WORK
To Holder of the Timber Permit
Permit No.
Project Area Name:
TAKE NOTICE that for the purposes of
Section 102(3) of the Forestry Act 1991 that the work described below has been
checked and that the undersigned is not satisfied that the work has been
completed as detailed in the Logging Plan.
Harvesting Area:
(describe)
Unit of Work Not Satisfactorily
completed:
(specify)
AND TAKE FURTHER NOTICE that until
the above unit or units of work have been satisfactorily completed and a
Certificate of Satisfactory completion of work been issued, you may not carry
out any further work under and in accordance with the permit and in addition
thereto the Timber Permit may be suspended in accordance with Section 85 of the
Act or cancelled in accordance with Section 86 of the Act.
_____________________________________________ ______________
Print name of Forest Officer/Forest Officer/Forest Inspector Forest
Inspector
Form 205.—Log scaler's licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
205
Reg. 205
LOG SCALERS LICENCE
Licence No.
. . . is hereby licensed as a Log
Scaler.
This licence is granted for a term
of two (2) years commencing on the date of the issue of this licence.
Dated this . . . day of . . . 20...
_____________
Chief Log Scaler
Form 206.—Application for log scaler's licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
206
Reg. 205
APPLICATION FOR LOG SCALER'S LICENCE
To the Chief Log Scaler
. . . , hereby apply for a log
scaler's licence under Regulation 99 of the Forestry Regulation. Enclosed with
this application are:
(a) a copy of the applicant's log
scaling certificate received from the Timber Industry Training College;
(b) two (2) passport size photographs;
(c) a performance bond of K500;
(d) a two year licence fee as
prescribed in Schedule 3.
Dated this . . . day of . . . 20...
_______
Signature
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 207.—Notice of intention to cancel scaler's licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
207
Reg. 206
NOTICE OF INTENTION TO CANCEL
SCALER'S LICENCE
To: . . .
Take notice that it is proposed to
cancel your scaler's licence on the grounds set out hereunder.
Scaler's licence No.:
Grounds:
(specify the grounds for the
proposed cancellation)
You may within fourteen (14) days
show cause in writing to the Chief Scaler as to why the licence should not be
cancelled.
Dated this . . . day of . . . 20...
_____________
Chief Log Scaler
Form 208.—Cancellation of log scaler's licence
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
208
Reg. 207
CANCELLATION OF LOG SCALER'S LICENCE
To: . . .
Scaler's licence no. . . . held by
you is hereby cancelled.
Dated this . . . day of . . . 20...
_____________
Chief Log Scaler
Form 209.—Certificate of registration as a Forest Industry
Participant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991
Act, Sec. 111 Form
209
Reg. 208
CERTIFICATE OF REGISTRATION AS A
FOREST INDUSTRY PARTICIPANT
This is to certify that . . . of . .
. is registered as a forest industry participant under Part IV of the Forestry
Act 1991 in respect of the activities set out in Schedule 1 of this
certificate.
Registration No.:
Date of registration:
SCHEDULE 1
Managing Director
National Forest Service
IMPORTANT NOTICE: The Regulations
require a registered forest industry participant to notify any change of the
particulars contained in its application for registration within 28 days of the
change. Failure to do so renders an offender liable to a fine and to having its
registration cancelled.
Section 112 of the Forestry Act
provides that where the Managing Director is of the opinion that there has been
a charge in the circumstances of a person registered under the 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.
Form 210.—Application for registration as Forest Industry
Participant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 107 Form
210
Reg. 209
APPLICATION FOR REGISTRATION AS
FOREST INDUSTRY PARTICIPANT
Information for Applicants
Unless registered as a forest
industry participant (or alternatively, in the case of (a) and (d), registered
as a consultant) under Part IV of the Act, a person shall not—
(a) be granted permission under
Section 65 to enter a forestry project area for the purpose of carrying out
feasibility studies, appraisal of forest resources or other preparatory work;
or
(b) submit a project proposal under
Section 66 in relation to an advertised forest industry project; or
(c) be granted a timber permit or
authority; or
(d) be granted a licence to engage in
forest industry activities under Section 91.
It is an offence to engage in the
forest industry as a contractor, buyer, processor or consultant or in any other
capacity without being registered in that capacity.
The Regulations define "forest
industry" for this purpose as any commercial activities within Papua New
Guinea in connected with—
(a) harvesting or processing timber or
rattan;
(b) buying unprocessed timber or rattan
for processing of export; or
(c) selling or, on behalf of another
person or other persons, arranging or procuring the sale or purchase of timber
or rattan (whether unprocessed or processed but not including manufactured
items made from timber or rattan materials)
by a natural or corporate person
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—
(d) 500 cubic metres in volume; or
(e) in the case of sandalwood timber
or rattan—K20,000 in market value.
It is also an offence for a person,
not being registered as a forest industry participant or consultant, to enter
into negotiations with a landowner in relation to any activity, to engage in
which that person would require to be registered.
Application forms should be lodged
in duplicate with the Managing Director of the National Forest Service—
by delivery to: The Managing
Director
Papua New Guinea Forest Authority
HOHOLA
Port Moresby
or by certified mail: C/-P O
Box 5055
BOROKO
National Capital District
Papua New Guinea
The application fee for registration
as a forest industry participant is as prescribed in Schedule 3 of the Forestry
Regulations. Overseas shareholding means shares held by a company incorporated
outside Papua New Guinea or by a person ordinarily resident outside Papua New
Guinea. Payment should be made by cheque in favour of the "PNG Forest
Authority". Applications will only be considered upon payment of the fee.
Applicants should give full
particulars for each item in Parts A, B, C, D, and E of this form and attach
additional pages where insufficient space is provided. An application will be
considered incomplete unless all required attachments are included.
Part A-General Particulars
Applicant's Name
Type of entity (tick appropriate
box)
[ ] individual
[ ] public
[ ] private company
[ ] business group
[ ] incorporated association
[ ] other
(specify . . .)
NOTE: 1. MEMBERS OF
PARTNERSHIPS AND OTHER UNINCORPORATED GROUPS SHOULD EACH MAKE AN INDIVIDUAL
APPLICATION FOR REGISTRATION.
2. WHERE A GROUP
OF COMPANIES ARE ASSOCIATED, EACH COMPANY IN THE GROUP WHICH SEEKS TO
PARTICIPATE IN THE PNG FOREST INDUSTRY SHOULD REGISTER SEPARATELY.
Postal address:
Address for service of legal
process:
(must be a P.N.G. address)
Telephone number:
Facsimile number:
NOTE: An incorporated applicant is
required to attach a copy of its certificate of incorporation (Attachment 1).
Part B—Shareholding Structure
(THIS PART ONLY TO BE COMPLETED
BY COMPANY APPLICANTS)
Authorized capital: K
Paid-up capital: K
Complete the following table in
respect of major shareholders.
Name of shareholder Nationality/country
of incorporation Country of residence if an individual Class of
shares held Number of shares % of total shares Value
of shares (K)
NOTE: A separate table in the above
form should be attached in respect of each shareholder which is a company (Attachment
2).
Part C—Principal of the Applicant
Complete the following table in
respect of the Applicant's directors, office-bearers and senior management—
Name Office/position Nationality Country
of residence
NOTE: A short curriculum vitae
should be attached in respect of each Director, office-bearer and senior
management employee. This should include details of formal qualifications,
relevant work experience and other current or prior offices or positions held (Attachment
3).
Part D—Finance
Applicant's Bankers—
Name of Bank Branch Address Telex
No. Fax No.
NOTE: Applicants are required to
attached financial statements or annual reports to shareholders for each of the
past three (3) years. If the applicant is part of a group, the Applicant's
consolidated accounts should be submitted (Attachment 4).
Part E—Proposed Activities
The Applicant proposes to engage in
the following activities (tick appropriate boxes).
1. Harvesting of forest
produce— yes no
If yes, indicate type of products to
be harvested—
timber [ ] [ ]
rattan [ ] [ ]
sandalwood [ ] [ ]
other (please specify . . .)
2. Processing of forest
produce— yes no
If yes, indicate type of processing—
sawmilling [ ] [ ]
chipmilling [ ] [ ]
veneer production [ ] [
]
other (please specify . . .)
3. Sale of forest produce— yes no
or, on behalf of another or others,
arranging the sale or purchase of the forest produce—
yes no
indicate where produce will be sold—
export market domestic market [
] [ ]
indicate type of produce to be sold—
logs woodchips [ ] [
]
sawn timber sandalwood [ ] [
]
plywood rattan [ ] [
]
veneer other [ ] [ ]
(please specify . . .)
4. Buying unprocessed forest
produce— yes no
If yes, the produce will be— processed exported
indicate type of produce to be
bought—
logs sandalwood timber [
] [ ]
rattan other [ ] [ ]
(please specify . . . )
5. other forest industry
activities (please specify—
. . .
. . .
. . .
6. The applicant proposes to
conduct preliminary feasibility and appraisal work and/or apply for a timber
permit/timber authority/licence under the Act (delete whichever is
inapplicable) in respect of the following forestry projects—
1.
2.
3.
4.
7. The Applicant is the
holder of a permit, licence or timber authority granted under the former
Forestry Act or is a party to an agreement under the former Forestry (Private
Dealings) Act in respect of the following projects—
1.
2.
3.
4.
NOTE: 1. A short summary of
the Applicant's proposed forest industry activities should be attached (Attachment
5).
2. Details
should be attached of the Applicant's past experience and current commitments,
both within PNG and overseas, as these are relevant to its ability (technical/managerial/marketing
expertise) to carry out the proposed activities detailed in this Part (Attachment
6).
ATTACHMENTS.
1. Certificate of
Incorporation.
2. Structure of incorporated
shareholders (Part B details to be provided for each incorporated shareholder).
3. Personal resumes of
principals of Applicant.
4. Financial statements for
each of the past 3 years.
5. Summary of proposed
forest activities.
6. Details of relevant
experience and expertise.
DECLARATION.
I, . . . . . .
(name) (position)
declare that I am duly authorized to
make this application on behalf of the Applicant and that to the best of my
knowledge and belief the information contained in this application (including
the attachments) is correct and complete in all material particulars. The Papua
New Guinea Forest Authority is hereby authorized to undertake such enquiries
and searches as it deems necessary or appropriate and to receive such
information concerning the Applicant and its shareholders (if any) and this
shall be sufficient authorization to provide such information.
___________
signature
Date: . . . ./ . . . 20...
NOTE: It is an offence knowingly to
make or cause to be made any entry or writing that is false in any material
particular in any declaration or statement required by the Act.
PENALTY: A FINE NOT EXCEEDING
K50,000 OR IMPRISONMENT FOR A TERM NOT EXCEEDING THREE YEARS OR BOTH.
Form 211.—Certificate of registration as forest industry
consultant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 111 Form
211
Reg. 210
CERTIFICATE OF REGISTRATION AS
FOREST INDUSTRY CONSULTANT
This is to certify that
of
is registered as a consultant under
Part IV of the Forestry Act 1991 in respect of the activities set out in
Schedule 1 of this certificate.
Registration No.:
Date of Registration:
SCHEDULE 1
Managing Director
National Forest Service
IMPORTANT NOTICE 1. The
Regulations require a registered consultant to notify any change of the
particulars contained in its application for registration within 28 days of the
change. Failure to do so renders an offender liable to a fine and to having its
registration cancelled.
2. Section 112
of the Forestry Act provides that where the Managing Director is of the opinion
that there has been a charge in the circumstances of a person registered under
the 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.
Form 212.—Application for registration as a consultant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 107 Form
212
Reg. 211
APPLICATION FOR REGISTRATION AS A
CONSULTANT
Information for Applicants
Unless registered as a forest
industry participant (or alternatively, in the case of (a) and (d), registered
as a consultant) under Part IV of the Act, a person shall not—
(a) be granted permission under
Section 65 to enter a forestry project area for the purpose of carrying out
feasibility studies, appraisal of forest resources or other preparatory work;
or
(b) submit a project proposal under
Section 66 in relation to an advertised forest industry project; or
(c) be granted a timber permit or
authority; or
(d) be granted a licence to engage in
forest industry activities under Section 91.
It is an offence to engage in the
forest industry as a contractor, buyer, processor or consultant or in any other
capacity without being registered in that capacity. A "consultant" is
defined in the Act as "a person (whether natural or corporate) holding
himself out as having expertise particular to the forest industry and offering
for reward services related to that expertise.
Application forms should be lodged
in duplicate with the Managing Director of the National Forest Service—
by delivery to: The Managing
Director
Papua New Guinea Forest Authority
HOHOLA
Port Moresby
or by certified mail: C/-P O
Box 5055
BOROKO
National Capital District
Papua New Guinea
The application fee for registration
as a consultant is as prescribed in Schedule 3 of the Forestry Regulations.
Overseas shareholding means shares held by a company incorporated outside Papua
New Guinea or by a person ordinarily resident outside Papua New Guinea. Payment
should be made by cheque in favour of the "PNG Forest Authority".
Applications will only be considered upon payment of the fee. Applications
should give full particulars for each item in Parts A, B, C, and D of this form
and attach additional pages where insufficient space is provided. An
application will be considered incomplete unless all required attachments are
included.
PART A—General Particulars
Applicant's name:
Type of entity (tick appropriate
box) [ ] individual
[ ] public company
[ ] private company
[ ] incorporated association
[ ] other
(specify . . . )
NOTE: 1. MEMBERS OF
PARTNERSHIPS AND OTHER UNINCORPORATED GROUPS SHOULD EACH MAKE AN INDIVIDUAL
APPLICATION FOR REGISTRATION.
Postal address:
Address for service of legal
process:
(must be a P.N.G. address)
Telephone number:
Facsimile number:
NOTE: An incorporated applicant is
required to attach a copy of its certificate of incorporation (Attachment 1).
PART B—General Particulars
(THIS PART ONLY TO BE COMPLETED
BY COMPANY Applicants)
Authorized capital: K
Paid-up capital: K
Complete the following table in
respect of major shareholders-
Name of shareholder Nationality/country
of incorporation Country of residence if an individual Class of
shares held Number of shares % of total shares Value
of shares (K)
NOTE: A separate table in the above
form should be attached in respect of each shareholder which is a company (Attachment
2).
Complete the following table in
respect of the Applicant's directors—
Name Office/position Nationality Country
of residence
PART C—Expertise Offered
Expertise of consultant (if
Applicant is an individual) or of consultants employed or otherwise available
to work for the Applicant (if Applicant is incorporated)—
Name of Nationality Area(s)
of expertise
NOTE: A curriculum vitae should be
attached in respect of each consultant listed in the above table. This should
include details of formal qualifications, relevant work experience and other
current or prior offices or positions held (Attachment 3).
PART D—Proposed Consultancy
Activities
The Applicant proposes to engage in
the forest industry as a consultant offering the following services (tick
appropriate boxes)—
[ ] conduct of
feasibility studies for the Forest Authority in respect of proposed forest
project areas
[ ] conduct of
feasibility of resource appraisal studies for persons intending to submit
forest project proposals
[ ] preparation of
project proposals
[ ] preparation of
environmental plans
[ ] preparation of 5
year working plans
[ ] preparation of
annual logging plans
[ ] preparation of
follow-up land use plans
[ ] advice on forest
management practices
[ ] advice on logging
practices
[ ] advice on
marketing of forest products
[ ] advice on
processing of forest products
[ ] advice on
environment protection measures
[ ] other (please
specify . . . .
. . . .
ATTACHMENTS
1. Certificate of
Incorporation
2. Structure of
Incorporate shareholders (Part B details to be provided for each incorporated
shareholders).
3. Personal resumes
of consultants with Applicant.
DECLARATION
I, . . . . . . .
(name) (position)
declare that I am duly authorized to
make this application on behalf of the Applicant and that to the best of my
knowledge and belief the information contained in this application (including
the attachments) is correct and complete in all material particulars. The Papua
New Guinea Forest Authority is hereby authorized to undertake such enquiries
and searches as it deems necessary or appropriate and to receive such
information concerning the Applicant and its shareholders (if any) and this
shall be sufficient authorization to provide such information.
________
(signature)
Date: . . . / . . . 20...
NOTE: It is an offence to knowingly
make or cause to be made any entry or writing that is false in any material
particular in any declaration or statement required by the Act.
PENALTY: A FINE NOT EXCEEDING
K50,000 OR IMPRISONMENT FOR A TERM NOT EXCEEDING THREE YEARS OR BOTH.
Form 213.—Return of application for registration as a
Forest Industry participant/consultant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 107 and 108 Form
213
Reg. 212
To: The Applicant Application
No.:
RETURN OFAPPLICATION FOR
REGISTRATION AS A FOREST INDUSTRY *PARTICIPANT/CONSULTANT
I refer you to your application
dated the . . . day of . . . 20... for registration as a Forestry Industry
*Participant/Consultant.
Pursuant to Section 108 of the
Forestry Act, 1991 your application has not been accepted because:—
*Application fee of K... not enclosed
*Required information as required by
Section 107 of the Forestry Act, 1991 and/or the Regulations is missing
(specify)
The following further information is
required pursuant to Section 108 of the Forestry Act, 1991.
(specify)
Your application is returned
herewith for completion and relodgement.
Yours faithfully
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 214.—Notification by a registered Forest Industry
participant/consultant of change of particulars
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 FORM
214
Reg. 213
To: The Managing Director
National Forest Service
NOTIFICATION BY A REGISTERED FOREST
INDUSTRY PARTICIPANT/CONSULTANT OF CHANGE OF PARTICULARS
TAKE NOTICE that . . . a Registered
Forest Industry *Participant/Consultant Reg. No.: . . . hereby advises you that
the following are changes to the particulars submitted with the
*Participants/Consultants application for registration as a Forest Industry
*Participant/Consultant.
Enclosed with this notification is a
cheque in favour of the Papua New Guinea Forest Authority in the sum prescribed
in Schedule 3 of the Forestry Regulation by way of notification fee.
Changes to the Particulars
(specify or attach documentation)
Dated this . . . day of . . . 20...
____________________
Registered Forest Industry
*Participant/Consultant
*Delete whichever is inapplicable
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
NATIONAL CAPITAL DISTRICT
Form 215.—Notification of intention to make referral to
the Board
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 112 Form
215
Reg. 214
NOTIFICATION OF INTENTION TO MAKE
REFERRAL TO THE BOARD
To . . . (Reg. No. . . .)
TAKE NOTICE that I intend to refer
the matter of your registration as a *forest industry participant/consultant
under Part IV of the Forestry Act 1991 to the Board to consider whether your
registration should be cancelled.
The basis for such referral is (tick
as appropriate):
[ ] the person
registered under Part IV (or if the person so registered is a corporate person,
a principal of the corporate person) has been convicted of—
[ ] an offence
against a provision of the Forestry Act;
[ ] an offence
involving dishonesty;
[ ] I am of the
opinion there has been a change in the circumstances of the person so
registered sufficient to justify cancellation of registration.
Further details of the said basis of
cancellation of registration are as follows:—
. . .
You are invited to make a submission
within fourteen days as to why such registration should not be cancelled. A
referral to the Board shall be accompanied by any submission received within
the said fourteen days.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 216.—Referral to Board for consideration of
cancellation of registration
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 112 Form
216
Reg. 215
REFERRAL TO BOARD FOR CONSIDERATION
OF CANCELLATION OF REGISTRATION
To the Board
The registration under Part IV of
the Act of . . . as a registered *forest industry participant/consultant (Reg.
No. . . .) is referred to you to consider whether registration should be
cancelled pursuant to Section 112 of the Act.
This referral is accompanied by—
(a) a statement by the Managing
Director of the reasons for the referral; and
(b) the submission (if any) made by the
said registrant under Section 112(2) of the Act.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 217.—Notice of Board's direction
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 112 Form
217
Reg. 216
NOTICE OF BOARD'S DIRECTION
To . . . (Reg. No. . . .)
You are advised that pursuant to a
referral under Section 112 of the Forestry Act, the Board has directed:
*that your registration as a forest
industry participant/consultant is cancelled;
*that your registration as a forest
industry participant/consultant be cancelled with effect from the . . . day of
. . . 20...
*not to cancel your registration as a
*forest industry participant/consultant.
Note: Where registration is
cancelled under Section 112 of the Forestry Act, any timber permit, timber
authority or licence is suspended with effect on and from the date of
cancellation of the registration.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Managing Director
Form 218.—Appeal to Minister on registration, etc.
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 113 Form
218
Reg. 217
APPEAL TO MINISTER ON REGISTRATION,
ETC.
To the Minister for Forests
. . . ( Reg. No. . . .) hereby
appeals against:
*(a) the decision by the Board
under Section 109(1)(b) as to whether the appellant should be registered as a
forest industry participant or as a consultant;
*(b) the decision of the National
Forest Board to cancel the appellant's registration as a forest industry
participant or consultant under Section 112(4)(a) or (b).
Enclosed with this appeal are:—
(i) statement of the grounds or
reasons relied on for reversing the decisions of the Board;
(ii) a cheque in favour of the Papua
New Guinea Forest Authority in the sum prescribed in Schedule 3.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
_________________________
Signed on behalf of the Applicant
__________________ ____________________
Name of person signing Office
held with Applicant
NOTE: THIS APPLICATION SHOULD BE LODGED
WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
NATIONAL CAPITAL DISTRICT
Form 219.—Minister's decision on appeal
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 113 Form
219
Reg. 218
MINISTER'S DECISION ON APPEAL
To: The Board
And to: The Managing Director
And to: The Appellant
I, . . . , Minister for Forests
advise that after considering the appeal and the report provided to me on the
matter by the Board hereby *uphold/reject the appeal in respect of a decision
by the Board under Section 109(1)(b)/Section 112(4)(a) or (b).
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 220.—Notice of proposal by State Marketing Agency to
exercise option
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 115 Form
220
Reg. 220
NOTICE OF PROPOSAL BY STATE
MARKETING AGENCY TO EXERCISE OPTION
To . . . (holder of Timber Permit
No. . . .)
Take notice that the State Marketing
Agency on behalf of the Independent State of Papua New Guinea in the year . . .
proposes to exercise its option under Subsection 115(1)(a) of the Forestry Act
to purchase compulsorily at the market price from you as a holder of the above
Timber Permit up to twenty-five percent of the amount of logs which you as
holder of the Timber Permit are permitted to export in that year. The amount of
logs which the Agency will purchase is set out in the Schedule
Schedule
(Specify the compulsory purchase
of logs)
Dated this . . . day of . . . 20...
_________________________
(For the State Marketing Agency)
Form 221.—Variation by the Minister for Forest of royalty
payable under a Timber Permit
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 120 Form
221
Reg. 222
VARIATION BY THE MINISTER FOR FOREST
OF ROYALTY PAYABLE UNDER A TIMBER PERMIT
To: . . . the holder of Timber
Permit No.: . . .
TAKE NOTICE that I, . . . Minister
for Forests by virtue of the powers conferred by Section 120 of the Forestry
Act, 1991 and all other powers me enabling and after having conducted a review
under Section 120(2) of the Forestry Act, 1991 of the royalty payable for
timber or forest process under your timber permit do hereby:—
1. Vary the royalty
payable in relation to the timber permit to the extent that the new rate of
royalty payable shall now be K...
2. The varied
royalty is from the date specified in this notice the royalty payable for
timber or forest produce take under the timber permit.
3. The timber permit
is, from the date specified in the notice, subject to the payment as so varied.
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 222.—Notice of levy under Section 121
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 121 Form
222
Reg. 223
NOTICE OF LEVY UNDER SECTION 121
I, . . . , Minister for Forests, by
virtue of the powers conferred on me by Section 121 of the Forestry Act 1991
(as amended) and all other powers me enabling, after consultation with the
Board of the Papua New Guinea Forest Authority pursuant to S121, hereby fix,
until further notice, the following annual levies on the holders of timber
permits/timber authorities/licence in respect of:
(a) follow-up development K...
(b) provincial development K...
(c) forest management and development K...
(d) Papua New Guinea Forest Authority K...
(e) other category (insert) K...
The levies fixed above are payable
by the holders of all timber permits/timber authorities/licence current as at
the date of this Notice, are payable to the Papua New Guinea Forest Authority,
C/-P O Box 5055, Boroko, National Capital District, Papua New Guinea, with the
first payment due 14 days after the date specified in a Notice or Notices of
Assessment (as the case may be) prepared and delivered by the Authority and should
be payable by cheque. Failure to comply with this Notice will render the holder
liable to penalties as prescribed.
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
_______________
Minister for Forests
Form 223.—Lawful direction
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 122(g) Form
223
Reg. 224
LAWFUL DIRECTION
1. This lawful
direction is issued under Section 122 of the Forestry Act and Regulation 225
by:
Name (Print):
. . . .
Designation: Forest
Officer/Forest Inspector
2. This lawful
direction is issued to
Individual or
organisation name: . . .
Designation (if
applicable): . . .
3. The lawful
direction is (specify in detail):
4. The reason this
lawful direction is given is that (specify in detail):
Dated this . . . day of . . . 20...
_______
Signature
Form 224.—Notice of seizure
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 123 Form
224
Reg. 225
NOTICE OF SEIZURE
To: . . .
A Forest Officer or Forest Inspector
has seized the timber or forest produce or other property as described below
pursuant to powers contained in Section 123 of the Forestry Act.
Description of Timber, Forest
Produce or other property etc.:
All that timber or forest produce
branded by a Forest Inspector or Forest Officer (add any further description).
Dated this . . . day of . . . 20...
______________________________ _______
Name of Forest Officer/Forest Inspector Signature
Form 225.—Notice of forfeiture
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 124 Form
225
Reg. 227
NOTICE OF FORFEITURE
To: . . .
The forest produce described below
has been forfeited to the Papua New Guinea Forest Authority pursuant to the
provisions of Section 124 of the Forestry Act.
Description of Forest Produce:
Dated this . . . day of . . . 20...
______________
(For the Authority)
Form 226.—Declaration banning export of timber, etc.
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 134 Form
226
Reg. 228
DECLARATION BANNING EXPORT OF
TIMBER, ETC.
I, . . . , Minister or Forests, by
virtue of the powers conferred on me by Section 134 of the Forestry Act 1991
and all other powers me enabling hereby declare that the species or class of
timber specified hereunder—
* is banned from export
* shall not be exported until—
(i) the timber has been inspected;
and
(ii) the permission of the Minister
to export has been obtained.
Description of Timber:
*delete whichever is inapplicable
Dated this . . . day of . . . 20...
______________
Minister or Forests
Form 227.—Registration of brand
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135(1)(zb) Form
227
Reg. 229
REGISTRATION OF BRAND
The Authority hereby registers . . .
being the holder of *Permit/Licence/Other Authority as described below in
respect of the brand described below by which timber cut in or proceeding from
their holdings may be distinguished from any other timber.
Permit Holder, etc.:
Brand:
Dated this . . . day of . . . 20...
*Delete whichever is inapplicable
______________
(For the Authority)
Form 228.—Application to register in the Authority a brand
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135(1)(2)(b) Form
228
Reg. 230
APPLICATION TO REGISTER IN THE
AUTHORITY A BRAND
To: The Managing Director
. . . the holder of a *Timber
Permit/timber authority/Licence No.: . . . hereby applies to register in the
Authority a brand by which timber cut in or proceeding from their holdings may
be distinguished from any other timber. A description of the brand is as
hereunder.
Enclosed with this Application is a
cheque in favour of the Papua New Guinea Forest Authority in the sum prescribed
in Schedule 3.
Description of Brand:
(specify or attach copy)
Dated this . . . day of . . . 20...
_____________
For the Applicant
__________________
Name of person signing
*Delete whichever is inapplicable
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P O BOX 5055
BOROKO
NATIONAL CAPITAL DISTRICT
Form 229.—Certification of registration of timber
processing plant and of the operator of such plant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
229
Reg. 239
CERTIFICATION OF REGISTRATION OF
TIMBER PROCESSING PLANT AND OF THE OPERATOR OF SUCH PLANT
This is to certify that the plant
specified in Schedule 1 is registered as a timber processing plant and that the
person specified in Schedule 2 is the registered operator of the said plant.
SCHEDULE 1
(Identify plant, including system
of operation and location)
SCHEDULE 2
Registered operator:
Address:
Dated this . . . day of . . . 20...
______________
Managing Director
National Forest Service
Form 230.—Application for registration of timber
processing plant and registration of the operator of such plant
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
230
Reg. 240
APPLICATION FOR REGISTRATION OF
TIMBER PROCESSING PLANT AND REGISTRATION OF THE OPERATOR OF SUCH PLANT
To: Managing Director
. . . hereby applies for
registration of the plant specified in Schedule 1 as timber processing plant
and of the person specified in Schedule 2 as the operator of such plant.
Enclosed with this Application is a
cheque in favour of the Papua New Guinea Forest Authority in the sum prescribed
in Schedule 3 of the Regulations.
Note:
(a) Plant will not be registered as
timber processing plant unless an authorized officer of the National Forest
Service has first certified that the plant, and its proposed system of
operation, satisfy applicable standards under the legislation, or as specified
in guidelines issued by the Managing Director.
(b) The person registered as operator
shall be required to notify the Managing Director of any substantive change of
the make-up of the plant or its system of operation prior to making such
change.
SCHEDULE 1
(Identify plant, including system
of operation and location)
SCHEDULE 2
Name of operator
Dated this . . . day of . . . 20...
_____________
For the Applicant
__________________
Name of person signing
NOTE: THIS APPLICATION SHOULD BE
LODGED WITH:
THE MANAGING DIRECTOR
NATIONAL FOREST SERVICE
P.O. BOX 5055
BOROKO
PAPUA NEW GUINEA
Form 231.—Board notice to vary terms or conditions of
registration, permit, licence, timber rights purchase agreement, authority or
agreement
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 137 Form
231
Reg. 242
BOARD NOTICE TO VARY TERMS OR
CONDITIONS OF REGISTRATION, PERMIT, LICENCE, TIMBER RIGHTS PURCHASE AGREEMENT,
AUTHORITY OR AGREEMENT
To:
TAKE NOTICE that the Board, pursuant
to Section 137(2) of the Forestry Act, 1991 has determined that certain terms
and/or conditions of your:—
*registration as a forest product
operator granted under the Forest Industries Council Act Chapter 215)
(repealed) as described hereunder; or
*permit granted under the Forestry
Act (Chapter 216) (repealed) as described hereunder; or
*licence granted under the Forestry
Act (Chapter 216) (repealed) as described hereunder; or;
*timber rights purchase agreement
granted under the Forestry Act (Chapter 216) (repealed) as described
hereunder;or
*other authority granted under the
Forestry Act (Chapter 216) (repealed) as described hereunder; or
*agreement entered into under the
Forestry (Private Dealings Act (Chapter 217) (repealed), as described hereunder
is at variance with the provisions
of the Forestry, 1991 Act to an extent which makes it unacceptable.
· You are now advised that
the terms and conditions of the document described hereunder that *is/are
unacceptable is/are as set out in the attachment hereto:
(attach details of unacceptable
terms and conditions)
· The Board now requires
the following variation in the terms or conditions of the document described
hereunder so as to ensure compliance with the Forestry Act, 1991
(specify variations required in
the attachment)
Full Description of document:
(specify)
*In order to achieve the intention
of the Act that the document referred to above that has been saved by Section
137 is able to be adapted to conform to the provisions of the Act the Board
hereby grants in respect of the said document a grace period of during which
the provisions of this Act shall not apply and the provisions of the repealed
Act under which the said document was *granted/entered into shall apply.
The above variations shall apply
with effect from . . . unless the Board receives notification from you that
such variation is unacceptable in which case the said document shall cease to
have effect from the date specified hereto.
*Delete whichever is inapplicable
Dated this . . . day of . . . 20...
___________
For the Board
Form 232.—Application for maps, forms, studies, extracts,
tenders documentation, registration of expression of interest, etc.
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 135 Form
232
Reg. 248
APPLICATION FOR MAPS, FORMS,
STUDIES, EXTRACTS, TENDERS DOCUMENTATION, REGISTRATION OF EXPRESSION OF
INTEREST, ETC.
To: *Managing Director/Regional
Provincial Forestry Officer
I hereby apply for the following:
*[ ] . . . copies of Map(s)
of (insert detail)
*[ ] . . . copies of . . .
publication/document (state type)
*[ ] . . . copies of Printed
Form (state type)
[ ] Copy of development
options study carried out by the Authority in respect to the . . . project area
(describe)
[ ] Copy of final Project
Guidelines issued by the Authority in respect to the . . . project area
[ ] Extract of Certificate
of Registration of . . . a registered forest industry participant (state
Reg. No. if known)
[ ] Extract of certificate
of Registration of . . . as registered forest industry participant/consultant (state
Reg. No. if known)
[ ] Extract of licence of .
. . a licensed Log Scaler (insert name)
[ ] Extract of certificate of
registration of a Timber Processing Plant (describe)
[ ] An extract of a Timber
Permit . . . (insert name and number)
[ ] An extract of a timber
authority . . . (insert name and number)
[ ] An extract of a Licence
. . . (insert name and number)
[ ] An extract of a forest
potential area . . . (insert area)
[ ] . . . Log tags (specify
number)
[ ] Application for tender
documentation/specifications (if any) in respect to any tender . . . (specify)
[ ] Other (specify)
Application fee of K... as
prescribed in Schedule 3 is enclosed.
*Application fee is as determined
from time to time by the Managing Director
Note: Application for Log Scaling
Record Sheets may be lodged with a Provincial Forestry Officer
Dated this . . . day of . . . 20...
___________________________ _________
Name of Person/Company applying Signed
Form 233.—Application for an authority to carry out a
large scale agricultural or other land use development project where the amount
of proposed clearance of natural forest is greater than 50 hectares in total
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[ccciv]Act,
Sec. 90A Form 233
Reg. 254
APPLICATION FOR AN AUTHORITY TO
CARRY OUT A LARGE SCALE AGRICULTURAL OR OTHER LAND USE DEVELOPMENT PROJECT
WHERE THE AMOUNT OF PROPOSED CLEARANCE OF NATURAL FOREST IS GREATER THAN 50
HECTARES IN TOTAL.
Name and address of Applicant:
|
Name:
|
|
|
Address:
|
|
|
Phone:
|
Fax:
|
Registration number of applicant as registered
forest industry participant (if applicable):
Declaration of applicant status
under Investment Promotion Authority (IPA) Act:
|
A company or joint venture owned 50% or more by
non-citizens is a foreign enterprise.
|
|
Is the applicant a foreign enterprise?
|
YES/NO
|
|
If yes, IPA certificate number:
|
Location of the proposed project:
NOTE: THIS FORM IS TO BE
LODGED WITH THE MANAGING DIRECTOR, NATIONAL FOREST SERVICE, P.O. BOX 5055, BOROKO,
PAPUA NEW GUINEA. Applications received by other Forest Authority offices will
be returned to the applicant.
Details of the proposed project:
|
Proposed term:
|
|
Commencement date:
|
Declaration by Applicant:
I declare that the following
documents are included with this application and that the information contained
in them is true and correct:
(1) application fee
per Schedule 3 of the Forestry Regulation (cheque made out to Papua New
Guinea Forest Authority);
(2) if the applicant
is a foreign company within the meaning the Investment Promotion Act
(50% or more foreign ownership), a copy of the applicant's IPA approval in
respect of the activities and location to be carried out under the Authority;
(3) 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;
(4) a copy of the
relevant State Lease or other documentation relating to other type of land
tenure appropriate for the project;
(5) an implementation
schedule for the complete agricultural or other 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 matter 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;
(6) 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;
(7) a map and
description of the project area in respect of which the application is made
showing any areas of slope in excess of 30o or any other areas
which are unsuitable for agricultural or other land use development and any
areas important for conservation;
(8) 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 Form
165;
(9) supporting letters
from any other relevant Department authorities or relevant industry body regarding
the appropriateness of the design and implementation of the proposed project;
(10) an approval in
writing from the office or Department responsible for environment and
conservation matters of the environmental impact statement submitted by the
applicant to that office or Department;
(11) details of
equipment and manpower suitable for the development of the proposed project and
evidence of past experience in such developments;
(12) such other
evaluation reports and certificates that have been requested by the Board and
such other particulars as are prescribed.
Declared at . . . this . . . day of
. . . 20...
_________________________
Signed on behalf of the applicant
__________________ ______________________
Name of person signing Office
held with the Applicant
IT IS AN OFFENCE UNDER THE FORESTRY
ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN APPLICATION AND THE OMISSION,
MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN APPLICATION MAY BE GROUNDS
FOR SUSPENSION OF THE AUTHORITY.
Form 234.—Return of an application for a large scale
conversion of forest to agriculture or other land use
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccv]Act,
Sec. 90(B) Form 234
Reg. 255
RETURN OF AN APPLICATION FOR A LARGE
SCALE CONVERSION OF FOREST TO AGRICULTURE OR OTHER LAND USE
Date:
TO THE APPLICANT
Application number:
The Board refers you to your
application for a Large Scale conversion of forest to *Agriculture or other
land use made under Section 90(A) of the Forestry Act 1991, and dated
the . . . . . . . . . day of . . . . . . . . . . . . 20 . . . in respect
of the . . . . . . . . . . . . . . . project area.
The application has not been
accepted because—
*Application form is not completed
Application fee of K was not
enclosed
Applicant does not hold a valid IPA
certificate
Required information is missing
(specify)
Your Application is returned
herewith for your completion and relodgement.
Yours faithfully
*delete as appropriate
Dated this . . . . . . day of . .
. . . . 20...
________________
For the Board.
Form 235.—Boards consultation with a Government body
relating to an application to carry out a large scale agriculture or other land
use development
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccvi]Act,
Sec. 90(B) Form 235
Reg. 256
BOARDS CONSULTATION WITH A
GOVERNMENT BODY RELATING TO AN APPLICATION TO CARRY OUT A LARGE SCALE
AGRICULTURE OR OTHER LAND USE DEVELOPMENT
To: . . . . . . . . . . . . . .
. . . . . . .
(Name of Government Body).
TAKE NOTICE that pursuant to Section 90(B)1(a) of the Forestry Act
1991, the Board has determined that in its opinion you may have an interest in
the grant of an application to carry out a large scale Agriculture or other
land use development described below or jurisdiction in the area to which the
application relates.
Pursuant to Section 90(B)1(a) of the
Forestry Act 1991, the Board is now required to consult with you on the
application and you are requested to provide to the Board within 14 days of the
date of receipt by you of this Notice your views on the said application.
Agriculture or other land use
Development Project Application:
(attach copy of application)
Dated this . . . . . . day of . .
. . . . 20...
________________
For the Board.
Form 236.—Notice of a Public Hearing in respect to an
application for an authority to carry out a large scale agriculture or other
land use development
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccvii]Act,
Sec. 90(B)(2) Form 236
Reg. 257
NOTICE OF A PUBLIC HEARING IN
RESPECT TO AN APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE
AGRICULTURE OR OTHER LAND USE DEVELOPMENT
TAKE NOTICE that the Board has received an application under Section
90(A)(1) by the applicant named hereunder for an authority to carry out a large
scale *agriculture or other land use development in the area described below.
Take further notice that pursuant to Section 90(B)(3) of the Forestry Act
1991, a Public Hearing will be held on that date, time and place as specified
hereunder.
AND TAKE Further Notice that in accordance with Section 90(B)(5) any person may,
on payment of the prescribed fee, inspect and make copies of a report and
summary of matters associated with the application.
Name of Applicant:
(state)
Project Development area:
(describe)
Date of Public Hearing:
Commencement time of Public
Hearing:
Place where Public Hearing will
be held:
* Delete whichever is inapplicable.
Dated this . . . . . . day of . .
. . . . 20...
________________
For the Board.
Form 237.—Instrument of appointment of Chairman of a
Public Hearing
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccviii]Act,
Sec. 90(B)(4) Form 237
Reg. 258
INSTRUMENT OF APPOINTMENT OF
CHAIRMAN OF A PUBLIC HEARING
To: . . . . . . . . . . . . . .
. . . .
The Board of the Forest Authority,
by virtue of the powers conferred by Section 90(B)(4) of the Forestry Act
1991 and all other powers it enabling doth hereby:—
Appoint you to be Chairman of a
Public Hearing in respect to an application for a large scale *agriculture or
other land use project described below which shall commence on the date, time
and place as specified hereunder.
* Agriculture or other land use
project:
(describe)
Commencement Date of Hearing:
Time of Hearing:
Place of Hearing:
* Delete whichever is inapplicable.
Dated this . . . . . . day of . .
. . . . 20...
_______________
For the Board.
Form 238.—Reference of an application for a proposed large
scale agriculture or other land use project and summary of Public Hearing to
Provincial Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccix]Act,
Sec. 90(B)(6) Form 238
Reg. 259
REFERENCE OF AN APPLICATION FOR A
PROPOSED LARGE SCALE AGRICULTURE OR OTHER LAND USE PROJECT AND SUMMARY OF
PUBLIC HEARING TO PROVINCIAL FOREST MANAGEMENT COMMITTEE
To the . . . . . . . . . . . .
. . . . . . Provincial Forest Management Committee.
Pursuant to Section 90(B)(6) of the Forestry
Act 1991 the attached Application and Summary of a Public Hearing in
respect to the undermentioned large scale Agriculture or other land use Project
is referred to the Committee for consideration, evaluation and recommendation
to the Board.
When carrying out an evaluation the
Provincial Forest Management Committee is required under Section 90(B)(7) of
the Forestry Act 1991 to take into account the following:—
(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.
The Provincial Forest Management
Committee under Section 90(B)(8) of the Act may request the assistance of the
National Forest Service and of any relevant Department in carrying out its
evaluation under Section 90(B)(6) of the Forestry Act 1991.
Agriculture or other land use
Project:
Dated this . . . . . . day of . .
. . . . 20...
_______________
Chairman of Hearing.
Form 239.—Provincial Forest Management Committee request
for assistance of National Forest Service or other relevant Department
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccx]Act,
Sec. 90(B)(8) Form 239
Reg. 260
PROVINCIAL FOREST MANAGEMENT
COMMITTEE REQUEST FOR ASSISTANCE OF NATIONAL FOREST SERVICE OR OTHER RELEVANT
DEPARTMENT
To: *The National Forest Service
or . . . . . . . . . . . . . . . Department.
Pursuant to Section 90(B)(8) of the Forestry
Act 1991 the Provincial Forest Management Committee hereby requests you to
assist it in carrying out an evaluation of an application by the undermentioned
applicant for a large scale agriculture or other land use Project as described
below.
Applicant:
(Name)
Agriculture or other land use
Project:
(Describe)
(Attach copy of Application and
Summary of the public hearing).
Dated this . . . . . . day of . .
. . . . 20...
________________________________________
For the Provincial Forest Management Committee.
Form 240.—Provincial Forest Management Committee report
and recommendation to the Board to approve/reject an application for an
authority to carry out an agricultural or other land use project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxi]Act,
Sec. 90(B)(9) & (10) Form 240
Reg. 261
PROVINCIAL FOREST MANAGEMENT
COMMITTEE REPORT AND RECOMMENDATION TO THE BOARD TO APPROVE/REJECT AN
APPLICATION FOR AN AUTHORITY TO CARRY OUT AN AGRICULTURAL OR OTHER LAND USE
PROJECT
To the Board.
The . . . . . . . . . . . . . .
. Provincial Forest Management Committee having evaluated an application for a
large scale agriculture or other land use project in accordance with Section
90(B)(6) is of the opinion that:—
(1) The application by
the Applicant named hereunder *is/is not satisfactory and hereby submits its
report of its evaluation and recommendation under *Section 90(B)(9) or Section
90(B)(10) of the Act in respect to the *agriculture or other land use project
described hereunder.
(2) Pursuant to
Section 90(B)(9) or 90(B)(10) the Committee accordingly *recommends/does not
recommend to the Board that the application be approved.
(3) The Committee's
reasons for the rejection are set out below.
(Attach report of the Provincial Forest Management
Committee's Evaluation and Recommendation).
Name of Applicant:
(state)
Agriculture or other land use
project:
(describe)
Committee's reasons for rejection:
(state or attach)
*Delete whichever is inapplicable
Dated this . . . . . . day of . .
. . . . 20...
________________________________________
For the Provincial Forest Management Committee.
Form 241.—Board's advice to applicant of rejection of
application for an authority to carry out a large scale agriculture or other
land use project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxii]Act,
Sec. 90(B)(11) Form 241
Reg. 262
BOARD'S ADVICE TO APPLICANT OF
REJECTION OF APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE
AGRICULTURE OR OTHER LAND USE PROJECT
To the Applicant.
The Board of the Forest Authority,
pursuant to Section 90(B)(11) of the Forestry Act 1991, hereby notifies
you that your application for an Authority to carry out a large scale
agriculture or other land use project in respect to the proposed development
described below has been rejected on the recommendation of the Provincial
Forest Management Committee.
The reasons for the rejection of the
application by the Provincial Forest Management Committee are set out below.
(Attach Provincial Forest Management Committee's reasons
for rejection).
Proposed Agriculture or other
land use development project:
(describe)
Reasons for rejection of
Application:
(state or attach)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board
Form 242.—Board's recommendation to Minister to recommend
to the National Executive Council to endorse an application for a large scale
conversion of forest to agriculture or other land use
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxiii]Act,
Sec. 90(B)(12) Form 242
Reg. 263
BOARD'S RECOMMENDATION TO THE
MINISTER TO RECOMMEND TO THE NATIONAL EXECUTIVE COUNCIL TO ENDORSE AN
APPLICATION FOR A LARGE SCALE CONVERSION OF FOREST TO AGRICULTURE OR OTHER LAND
USE
To the Minister for Forests.
The Board under Section 90(B)(12) of
the Forestry Act 1991, being satisfied with the recommendation made to
it by the Provincial Forest Management Committee under Section 90(B)(9) of the Forestry
Act 1991 and with the outcome of the Public Hearing under Section 90(B)(4)
of the Forestry Act 1991 hereby recommends that you recommend to the
National Executive Council to endorse the application of the applicant named
hereunder for a large scale conversion of the forest to agriculture or other
land use in respect to the project described hereunder.
Copies of the application,
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 are attached.
Name of Applicant:
(state)
Agriculture or other land use
Project:
(describe)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board
Form 243.—Rejection by Board of application for a large
scale agriculture or other land use project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxiv]Act,
Sec. 90(B)(13) Form 243
Reg. 264
REJECTION BY BOARD OF APPLICATION
FOR A LARGE SCALE AGRICULTURE OR OTHER LAND USE PROJECT
TO THE APPLICANT:
Application
No.: . . . . . .
Your application under Section
90(A)(1) to carry out a large scale agriculture or other land use project
described hereunder has been rejected by the Board in accordance with Section
90(B)(13) of the Forestry Act 1991.
In accordance with Section 90(B)(13)
of the Forestry Act 1991, the Board received an evaluation and
recommendation from the . . . . . . . . . . . . . . . Provincial Forest
Management Committee in respect to your application.
The evaluation and recommendations
by the Provincial Forest Management Committee and/or the outcome of the public
hearing did not satisfy the Board that the application should be approved.
The reasons for the Board's
rejection of the application are set out below:—
(State or attach)
Agriculture or other land use
Project:
(describe)
Reasons for Board's rejection of
application:
(state or attach)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board
Form 244.—Minister for Forests referral to Board
recommendation for approval of an application for an authority to carry out a
large scale agriculture or other land use development to National Executive
Council
INDEPENDENT STATE OF PAPUA NEW GUINEA
Forestry Act 1991.
[cccxv]Act,
Sec. 90(B)(14) Form 244
Reg. 265
MINISTER FOR FORESTS REFERRAL OF
BOARD RECOMMENDATION FOR APPROVAL OF AN APPLICATION FOR AN AUTHORITY TO CARRY
OUT A LARGE SCALE AGRICULTURE OR OTHER LAND USE DEVELOPMENT TO NATIONAL
EXECUTIVE COUNCIL
To: The Secretary: National
Executive Council.
TAKE NOTICE that in accordance with Section 90(B)(14) of the Forestry
Act 1991, I have received a recommendation from the Board of the Forest
Authority recommending to me that I recommend to the National Executive Council
that it endorses an application by the Applicant named hereunder for a large
scale conversion of forest to agriculture or other land use in respect of the
project area described below.
In accordance with Section 90(B)(14)
of the Forestry Act 1991, I now refer the Application to the National
Executive Council together with the recommendations from the Provincial Forest
Management Committee and the Board of the Forest Authority and all evaluations,
reports, certificates of approvals from all relevant Departments and the
summary of the public hearing held in respect to the application.
The National Executive Council is
now required under Section 90(B)(15) of the Forestry Act 1991 to
consider the Application and other papers referred to herein and is required to
make a direction to me to endorse or reject the application and, if the
application is rejected, to state the reasons for the rejection.
Name of the Applicant:
(state)
Project Area:
(describe)
Dated this . . . . . . day of . .
. . . . 20...
_____________
Minister for Forests.
Form 245.—Direction of National Executive Council to the
Minister for Forests to endorse/reject an application for an authority to carry
out a large scale agricultural or other land use project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxvi]Act,
Sec. 90(B)(15) Form 245
Reg. 266
DIRECTION OF NATIONAL EXECUTIVE
COUNCIL TO THE MINISTER FOR FORESTS TO ENDORSE/REJECT AN APPLICATION FOR AN
AUTHORITY TO CARRY OUT A LARGE SCALE AGRICULTURAL OR OTHER LAND USE PROJECT
To: The Minister for Forests.
TAKE NOTICE that the National Executive Council after having
considered the application of the applicant named hereunder and other papers
referred to it under Section 90(B)(14) of the Forestry Act 1991, made
the following decisions in accordance with Section 90(B)(15) of the Forestry
Act 1991 on the . . . . . . . . day of . . . . . . . . . 20 . . . .
(1) You are hereby
directed to *endorse/reject the application of the applicant to carry out a
large scale agriculture or other land use project described below; and
(2) Advise the Board
of Council's direction.
*(3) The reasons for the
rejection by Council of the application are set out below.
Name of Applicant:
(state)
Agriculture or other land use
project:
(describe)
*Reasons for the rejection by
Council:
(state or attach)
*Delete whichever is inapplicable.
Dated this . . . . . . day of . .
. . . . 20...
_____________
Chairman
National Executive Council.
Form 246.—Minister's advice to the Board of National
Executive Councils direction to the Minister for Forests to endorse/reject the
recommendation of the Board of the Forest Authority to approve an application
for an authority to carry out a large scale agriculture or other land use
project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxvii]Act,
Sec. 90(B)(16) Form 246
Reg. 267
MINISTER'S ADVICE TO THE BOARD OF
NATIONAL EXECUTIVE COUNCILS DIRECTION TO THE MINISTER FOR FORESTS TO
ENDORSE/REJECT THE RECOMMENDATION OF THE BOARD OF THE FOREST AUTHORITY TO
APPROVE AN APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE AGRICULTURE
OR OTHER LAND USE PROJECT
To: The Board.
TAKE NOTICE that in accordance with Section 90(B)(16) of the Forestry
Act 1991, I am required to advise you that the National Executive Council
made a decision on the . . . . . . day of . . . . . . . . . 20 . . .
directing me to *endorse/reject the recommendations of the Board of the Forest
Authority to approve an application for an authority to carry out a large scale
agriculture or other land use project described below to the applicant named
below.
* As the said application has been
rejected the reasons for the Council's rejection are set out below.
Agriculture or other land use
project:
(describe)
Name of Applicant:
(specify)
*Reasons for Council's rejection:
(state or attach)
*Delete whichever is inapplicable.
Dated this . . . . . . day of . .
. . . . 20...
_____________
Minister for Forests.
Form 247.—Board's advice to applicant and Provincial
Forest Management Committee of decision of the National Executive Council
directing the Minister to reject an application for an authority to carry out a
large scale agricultural or other land use development
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxviii]Act,
Sec. 90(B)(17) Form 247
Reg. 268
BOARD'S ADVICE TO APPLICANT AND
PROVINCIAL FOREST MANAGEMENT COMMITTEE OF DECISION OF NATIONAL EXECUTIVE
COUNCIL DIRECTING THE MINISTER TO REJECT AN APPLICATION FOR AN AUTHORITY TO
CARRY OUT A LARGE SCALE AGRICULTURAL OR OTHER LAND USE DEVELOPMENT
To: The Applicant.
And to: . . . . . . . . . . .
. . . . Provincial Forest Management Committee.
TAKE NOTICE that the National Executive Council after having
considered the application and other papers for an authority to carry out a
large scale agriculture or other land use project described below on the . .
. . . . day of . . . . . . . . . 20 . . directed the Minister for Forests
pursuant to Section 90(B)(15)(b) of the Forestry Act 1991 to reject the
application for the reasons set out below.
Description of Agriculture or
other land use project:
(describe)
Reasons for National Executive
Council Decision:
(state or attach)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board.
Form 248.—Authority to carry out a large scale
agricultural or other land use development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxix]Act,
Sec. 90(B)(21) Form 248
Reg. 269
AUTHORITY TO CARRY OUT A LARGE SCALE
AGRICULTURAL OR OTHER LAND USE DEVELOPMENT PROJECT
Authority No.:
Project Area Name:
Pursuant to Section 90(B)(21) of the
Forestry Act 1991 and all other powers it enabling, the Board hereby
grants an Authority to . . . . . . . . . . . . . . . (referred to in this
Authority as "the holder").
This Authority authorizes the holder
to carry out a large scale agriculture or other land use development operations
in the project area described, and outlined in red on the map in Schedule 1
("the Project Area") for the term specified in Schedule 2 subject to
the Act and to the following terms and conditions:—
(a) the holder must,
within 21 days, lodge a performance bond in accordance with Section 98 of the
Act for the amount specified in Schedule 3; and
(b) the holder must
comply with the terms and conditions specified in the Schedules hereto.
(c) the holder must
carry out the *agricultural or other land use project in accordance with the
approved development plan and the approved implementation schedule contained in
the holders application for this Authority and as agreed to and as may be
varied by the Board of the Forest Authority from time to time.
(d) Subject to Section
90(B)(19) of the Forestry Act the holder is prohibited from felling,
cutting, removing, disposing of or damaging any trees or forest produce.
(e) the holder must
comply with the conditions of any Permit, Licence or other Authority relating
to the project and with the provisions of all Environmental and other relevant
laws of Papua New Guinea.
(f) the holder must
comply with such other conditions as are specified in schedule 4 hereto.
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board.
N.B. IF THE PERFORMANCE BOND IS NOT LODGED WITHIN 21 DAYS
AND NO APPLICATION UNDER SECTION 98(6) OF THE FORESTRY ACT 1991 HAS BEEN
MADE WITHIN 21 DAYS TO THE BOARD FOR AN EXTENSION OF TIME WITHIN WHICH TO LODGE
THE PERFORMANCE BOND THEN THIS TIMBER AUTHORITY IS DEEMED VOID UNDER SECTION
98(5) OF THE ACT AND SHALL BE THEREBY CANCELLED.
SCHEDULE 1.—Map and description of
Project Area.
The Project Area is an area of . . .
hectares.
(INSERT A
DESCRIPTION OF THE PROJECT AREA, DETAILING SEPARATELY, THE EXACT AREAS WHICH
ARE REQUIRED TO BE CLEARFELLED BY AN INDEPENDENT TENDERER FOR AGRICULTURAL
PLANTING AND REQUIRED FOR INFRASTRUCTURE AND INCLUDE A MAP SHOWING THE PRECISE
AREAS OUTLINED IN RED).
SCHEDULE 2.—Term and commencement
date.
The term of the Authority is for a
period of . . . . . . commencing on the . . . . . . day of . . . . . . . .
. 20...
SCHEDULE 3.—Performance Bond
The amount of the performance bond
will be K
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 4—Other conditions
(specify)
Form 249.—Forest Clearing Authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxx]Act,
Sec. 90(B)(22) Form 249
Reg. 270
FOREST CLEARING AUTHORITY
Authority No.:
Project Area Name:
Pursuant to Section 90(B)(22) of the
Forestry Act 1991 and all other powers it enabling, the Board hereby
grants a Forest Clearing Authority to . . . . . . . . . . . . . . . , a
registered forest industry participant (Registration No. ) (referred
to in this Authority as "the holder").
This Authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions:—
(a) *the holder must,
within 21 days, lodge a performance bond in accordance with Section 98 of the
Act for the amount specified in Schedule 3; and
(b) the holder must
comply with the terms and conditions specified in the Schedules hereto.
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board.
*N.B. IF THE PERFORMANCE BOND IS NOT LODGED WITHIN 21 DAYS
AND NO APPLICATION UNDER SECTION 98(6) OF THE FORESTRY ACT 1991 HAS BEEN
MADE WITHIN 21 DAYS TO THE BOARD FOR AN EXTENSION OF TIME WITHIN WHICH TO LODGE
THE PERFORMANCE BOND THEN THIS TIMBER AUTHORITY IS DEEMED VOID UNDER SECTION
98(5) OF THE ACT AND SHALL BE THEREBY CANCELLED.
SCHEDULE 1.—Map and description of
Project Area.
The Project Area is an area of . . .
hectares.
(INSERT A
DESCRIPTION OF THE PROJECT AREA, DETAILING SEPARATELY, THE EXACT AREAS TO BE
CLEARFELLED FOR AGRICULTURAL PLANTING OR OTHER LAND USE AND REQUIRED FOR
INFRASTRUCTURE AND INCLUDE A MAP SHOWING THE PRECISE AREAS OUTLINED IN RED).
SCHEDULE 2.—Term and commencement
date.
The term of the Authority is for a
period of . . . . . . commencing on the . . . . . . day of . . . . . . . .
. 20...
SCHEDULE 3.—Performance Bond
The amount of the performance bond
will be K
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 4—Other conditions
1. INTERPRETATION
1.1 In this Authority—
"Authorized Harvesting Area"
means the area in respect of which harvesting is, from time to time, authorized
under this Forest Clearing Authority;
"Project Area" means the area
described in Schedule 1;
"resource owners" means the
customary owners of the timber and other forest products in the Project Area,
and includes any person named as owners in the Sales and Purchase Agreement;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this Forest Clearing Authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. TERMINATION
2.1 If at any time the
holder's registration as a forest industry participant is cancelled or, where
the applicant is a foreign enterprise within the meaning of the Investment
Promotion Authority Act, the IPA approvals for the activity authorized by
the Forest Clearing Authority are cancelled then this Forest Clearing Authority
shall be cancelled.
3. HARVESTING
3.1 Subject to the terms and
conditions of this Forest Clearing Authority, the provisions of the Forestry
Act and Forestry Regulations, and the provisions of any agreement
entered into by the holder with the resource owners, the holder may exercise
timber rights within the Authorized Harvesting Area during the term of this
Authority.
3.2 In order to ensure that
the planned land use by the successful applicant referred to in Section
90(A)(1) of the Forestry Act 1991 actually takes place, the 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 this 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 500 hectares is inappropriate in the circumstances
in which case the Board may increase or decrease the maximum clearance figure.
3.3 The holder shall comply
with the approved implementation schedule determined by the Department
responsible for agriculture and livestock matters or other relevant Department
and as also approved by the Board of the Forestry Authority.
3.4 Any further phase under
this Forest Clearing Authority may only be granted by the Managing Director of
the National Forest Service for the same purposes of forest clearance for agriculture
or other land use where all conditions relating to the agricultural development
plan or other land use implementation schedule have been satisfied.
3.5 The rights under this
Forest Clearing 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.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this Authority the holder may exercise rights within those
parts of Project Area in which harvesting is authorized to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest products;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the Project area subject to
payment of any royalty agreed with the resource owners or fixed in the Sales
and Purchase Agreement;
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use road and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Subject to this Forest
Clearing Authority and the laws of PNG, the holder may export timber harvested
under this Forest Clearing Authority.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental
Contaminants Act, Environmental Planning Act, Water Resources Act
and other environmental laws of Papua New Guinea.
5.2 The holder must at all
times comply with and observe all such standards and practices as determined
from time to time by the Authority and issued in the form of a P.N.G. Logging
Code of Practice or any replacement document thereof.
6. RIGHTS OF RESOURCE OWNERS
6.1 In carrying out its rights
under this Forest Clearing Authority, the holder must not interfere with the
customary user rights of the resource owners including the right to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing, artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Forest
Clearing Authority shall be taken as authorizing the holder to make food
gardens, hunt or fish within the Project Area or the areas adjacent to it.
6.3 Compensation for any
breach of this Clause will be determined by agreement between the holder and
the resource owners or will be fixed by the Valuer-General if no agreement can
be reached.
6.4 Where the holder is in
breach of the Clause, the Holder must pay the compensation which has been
agreed or fixed under Clause 6.3, within the period of time specified by the
Managing Director.
7. PAYMENT FOR TIMBER
7.1 The holder must pay
revenue to the resource owners at the rates fixed in any Sales and Purchase
Agreements between the resource owners and the holders and such revenue shall
in any event, be not less than rates required to be paid under the National
Forest Service revenue requirements for Timber Permit holders existing at the
time of harvest in respect of all timber felled and scaled within the Project
Area.
7.2 In addition to payments
made to the resource owners, the holder must pay to the Forest Authority any
levies which are from time to time fixed by the Minister in respect of the
Forest Clearing Authority, or in respect of Timber Authorities generally.
8. ROADS AND BRIDGES
8.1 The holder must construct
all bridges and roads required for its operation within the Project Area.
8.2 The holder must maintain
all bridges and roads to a standard sufficient to carry normally laden logging
trucks and at all times during the term of this Forest Clearing Authority must
ensure that all roads which are in use for the logging operation are in a
trafficable condition.
8.3 Any roads constructed by
the holder which are in trafficable condition and not otherwise closed whilst
dangerous operations are being carried out will be available for use by the
public without charge.
9. LAND AND BUILDINGS
9.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 8, without the consent of
the resource owners.
9.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this Authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the Forest Clearing Authority doing as little damage to the
land as possible.
10. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
10.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
10.2 Subject to any other
direction which may be given under Clause 10.1, timber harvested in the Project
Area must be scaled, recorded and declared in accordance with the Forest
Authority's Directions for Scaling, but the use of a Licensed Log Scaler is not
required, and the use of official numbered Log Scale Record Sheets and numbered
log tags is not required.
10.3 Where timber harvested in
the Project Area is to be exported, the holder must also comply with procedures
for export of logs from time to time specified by the Managing Director.
11. MARKETING
11.1 The Holder must endeavour
to obtain the best price for the timber harvested under this Forest Clearing
Authority and must in all cases obtain arm's length prices. For the purposes of
this clause, a price is an arm's length price if it is equal to or greater than
the price which would have been obtained on an arm's length sale on the same
terms and conditions of sale other than price.
12. COMPLIANCE WITH LAWS
12.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
Form 250.—Application for authority to carry out a large
scale roadline development project over an existing forested area where the
proposed road will be greater than 12.5 kilometres in length
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxi]Act,
Sec. 90(C) Form 250
Reg. 271
APPLICATION FOR AUTHORITY TO CARRY
OUT A LARGE SCALE ROADLINE DEVELOPMENT PROJECT OVER AN EXISTING FORESTED AREA
WHERE THE PROPOSED ROAD WILL BE GREATER THAN 12.5 KILOMETRES IN LENGTH.
Name and address of Applicant:
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Name:
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|
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Address:
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|
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Phone:
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Fax:
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Registration number of applicant as
registered forest industry participant (if applicable):
Declaration of applicant status
under Investment Promotion Authority (IPA) Act.
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A company or joint venture owned 50% or more by
non-citizens is a foreign enterprise.
|
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Is the applicant a foreign enterprise?
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YES / NO
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If yes, IPA certificate number:
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Location of the proposed project:
NOTE: THIS FORM IS TO BE
LODGED WITH THE MANAGING DIRECTOR, NATIONAL FOREST SERVICE, P.O. BOX 5055,
BOROKO, PAPUA NEW GUINEA. Applications received by other Forest Authority
offices will be returned to the applicant.
Details of the proposed project:
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Area (hectares) (road length x 40m maximum width):
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Proposed term:
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Commencement date:
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Declaration by Applicant:
I declare that the following
documents are included with this application and that the contents of such
forms are to the best of my knowledge and belief true and correct:
(1) application fee
per Schedule 3 of the Forestry Regulation (cheque made out to Papua New
Guinea Forest Authority);
(2) if the applicant
is a foreign company within the meaning the Investment Promotion Act
(50% or more foreign ownership), a copy of the applicant's IPA approval in
respect of the activities and location to be carried out under the Timber
Authority;
(3) 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.
(4) a copy of the
relevant State Lease or other documentation relating to other type of land
tenure appropriate for the project.
(5) 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.
(6) 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;
(7) an implementation
schedule for the complete roadline 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 transport
matters including detailed start and completion dates of all activities
associated with the roadline project;
(8) details of cost of
the roadline project and a certificate from a Bank or financial institution
certifying that the full cost of funding the roadline project will be available
to the applicant.
(9) a map and
description of the project area in respect of which the application is made
("the project area") giving details of land tenure, and showing the
route of the proposed road in numbered 5 kilometre sections;
(10) 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 Form
165;
(11) supporting letters
from any other relevant Department authorities or relevant industry bodies regarding
the appropriateness of the design and implementation of the proposed roadline
project;
(12) details of
equipment and manpower suitable for the development of the proposed roadline
project and evidence of past experience in such developments;
(13) details of the
design of the road including alignment and proposed standard of construction in
accordance with Department of Works road design manual;
(14) such other
evaluation reports and certificates which have been requested by the Board and
such other particulars as are prescribed.
Declared at . . . this . . . day of
. . . 20...
__________________ ______________________
Name of person signing Office
held with the Applicant.
IT IS AN OFFENCE
UNDER THE FORESTRY ACT 1991 TO MAKE AN UNTRUE DECLARATION IN AN
APPLICATION AND THE OMISSION, MISREPRESENTATION OR MIS-STATEMENT OF FACTS IN AN
APPLICATION MAY BE GROUNDS FOR SUSPENSION OF THE AUTHORITY.
Form 251.—Return of an application for a large scale
conversion of forest to road
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxii]Act,
Sec. 90(D) Form 251
Reg. 272
RETURN OF AN APPLICATION FOR A LARGE
SCALE CONVERSION OF FOREST TO ROAD
Date:
TO THE APPLICANT
Application
number: . . . . . . . . .
The Board refers you to your
application for a Large Scale conversion of forest to Road made under Section
90(C) of the Forestry Act 1991 and dated the . . . . . . . day of . .
. . . . . . . . . . 20 . . . in respect of the . . . . . . . . . . . .
. . . project area.
The application has not been
accepted because—
*Application form is not completed
Application fee of K was not
enclosed
Applicant does not hold a valid IPA
certificate
Required information is missing
(specify).
Your Application is returned
herewith for your completion and relodgement.
*delete as appropriate
Dated this . . . . . . day of . .
. . . . 20...
________________
For the Board.
Form 252.—Boards consultation with a Government body
relating to an application to carry out a large scale road development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxiii]Act,
Sec. 90(D) Form 252
Reg. 273
BOARDS CONSULTATION WITH A
GOVERNMENT BODY RELATING TO AN APPLICATION TO CARRY OUT A LARGE SCALE ROAD
DEVELOPMENT PROJECT
To: . . . . . . . . . . . . . .
. . . . . . .
(Name of Government Body).
TAKE NOTICE that pursuant to Section 90(D)1(a) of the Forestry Act
1991 the Board has determined that in its opinion you may have an interest in
the grant of an application to carry out a large scale Road development project
described below or jurisdiction in the area to which the application relates.
Pursuant to Section 90(D)1(a) of the
Forestry Act 1991, the Board is now required to consult with you on the
application and you are requested to provide to the Board within 14 days of the
date of receipt by you of this Notice your views on the said application.
Road Development Project
Application:
(attach copy of application)
Dated this . . . . . . day of . .
. . . . 20...
________________
For the Board.
Form 253.—Notice of a Public Hearing in respect to an
application for an authority to carry out a large scale road development
project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxiv]Act,
Sec. 90(D)(2) Form 253
Reg. 274
NOTICE OF A PUBLIC HEARING IN
RESPECT TO AN APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE ROAD
DEVELOPMENT PROJECT
TAKE NOTICE that the Board has received an application under Section
90(C)(1) by the applicant named hereunder for an authority to carry out a large
scale road development project in the area described below.
Take Further Notice that pursuant to Section 90(D)(3) of the Forestry Act
1991, a Public Hearing will be held on that date, time and place as specified
hereunder.
AND TAKE Further Notice that in accordance with Section 90(D)(5) any person may,
on payment of the prescribed fee, inspect and make copies of a report and
summary of matters associated with the application.
Name of Applicant:
(state)
Project Development area:
(describe)
Date of Public Hearing:
Commencement time of Public
Hearing:
Place where Public Hearing will
be held:
Dated this . . . . . . day of . .
. . . . 20...
________________
For the Board.
Form 254.—Instrument of appointment of Chairman of a
Public Hearing
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxv]Act,
Sec. 90(D)(4) Form 254
Reg. 275
INSTRUMENT OF APPOINTMENT OF
CHAIRMAN OF A PUBLIC HEARING
To: . . . . . . . . . . . . . .
. . . .
The Board of the Forest Authority,
by virtue of the powers conferred by Section 90(D)(4) of the Forestry Act
1991 and all other powers it enabling doth hereby:—
Appoint you to be Chairman of a
Public Hearing in respect to an application for a large scale road development
project described below which shall commence on the date, time and place as
specified hereunder.
Road Development Project:
(describe)
Commencement Date of Hearing:
Time of Hearing:
Place of Hearing:
Dated this . . . . . . day of . .
. . . . 20...
_______________
For the Board.
Form 255.—Reference of an application for a proposed large
scale road development project and summary of Public Hearing to Provincial
Forest Management Committee
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxvi]Act,
Sec. 90(D)(6) Form 255
Reg. 276
REFERENCE OF AN APPLICATION FOR A
PROPOSED LARGE SCALE ROAD DEVELOPMENT PROJECT AND SUMMARY OF PUBLIC HEARING TO
PROVINCIAL FOREST MANAGEMENT COMMITTEE
To the . . . . . . . . . . . .
. . . . . . Provincial Forest Management Committee.
Pursuant to Section 90(D)(6) of the Forestry
Act 1991 the attached Application and Summary of a Public Hearing in
respect to the undermentioned large scale road development project is referred
to the Committee for consideration, evaluation and recommendation to the Board.
When carrying out an evaluation the
Provincial Forest Management Committee is required under Section 90(D)(7) of
the Forestry Act 1991 to take into account the following:—
(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 road development 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 Forest Management Committee considers relevant.
The Provincial Forest Management
Committee under Section 90(D)(8) of the Act may request the assistance of the
National Forest Service and of any relevant Department in carrying out its
evaluation under Section 90(D)(6) of the Forestry Act 1991.
Road Development Project:
Dated this . . . . . . day of . .
. . . . 20...
__________________
Chairman of Hearing.
Form 256.—Provincial Forest Management Committee request
for assistance of National Forest Service or other relevant Department
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxvii]Act,
Sec. 90(D)(8) Form 256
Reg. 277
PROVINCIAL FOREST MANAGEMENT
COMMITTEE REQUEST FOR ASSISTANCE OF NATIONAL FOREST SERVICE OR OTHER RELEVANT
DEPARTMENT
To: The National Forest Service
or . . . . . . . . . . . . . . . Department.
Pursuant to Section 90(D)(8) of the Forestry
Act 1991 the Provincial Forest Management Committee hereby requests you to
assist it in carrying out an evaluation of an application by the undermentioned
applicant for a large scale road development project as described below.
A copy of the Application and
Summary of the public hearing relating to the matter are attached.
Applicant:
(Name)
Road Development Project:
(Describe)
(Attach copy of Application and
Summary of the public hearing).
Dated this . . . . . . day of . .
. . . . 20...
________________________________________
For the Provincial Forest Management Committee.
Form 257.—Provincial Forest Management Committee report
and recommendation to the Board to approve/reject an application for an
authority to carry out a large scale road development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxviii]Act,
Sec. 90(D)(9) & (10) Form 257
Reg. 278
PROVINCIAL FOREST MANAGEMENT
COMMITTEE REPORT AND RECOMMENDATION TO THE BOARD TO APPROVE/REJECT AN
APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE ROAD DEVELOPMENT
PROJECT
To the Board.
The . . . . . . . . . . . . . .
. Provincial Forest Management Committee having evaluated an application for a
large scale road development project in accordance with Section 90(D)(6) is of
the opinion that:—
(1) The application by
the Applicant named hereunder *is/is not satisfactory and hereby submits its report
of its evaluation and recommendation under *Section 90(D)(9) or Section
90(D)(10) of the Act in respect to a large scale road development project
described hereunder.
(2) Pursuant to
*Section 90(D)(9) or 90(D)(10) the Committee accordingly *recommends/does not
recommend to the Board that the application be approved.
*(3) The Committee's
reasons for the rejection are set out below.
(Attach report of the Provincial Forest Management
Committee's Evaluation and Recommendation).
Name of Applicant:
(state)
Road Development Project:
(describe)
*Committee's reasons for
rejection:
(state or attach)
*Delete whichever is inapplicable
Dated this . . . . . . day of . .
. . . . 20...
________________________________________
For the Provincial Forest Management Committee.
Form 258.—Board's advice to applicant of rejection of
application for an authority to carry out a large scale road development
project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxix]Act,
Sec. 90(D)(11) Form 258
Reg. 279
BOARD'S ADVICE TO APPLICANT OF
REJECTION OF APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE ROAD
DEVELOPMENT PROJECT
To the Applicant:
The Board of the Forest Authority,
pursuant to Section 90(D)(11) of the Forestry Act 1991, hereby notifies
you that your application for an Authority to carry out a large scale road
development project in respect to the proposed development described below has
been rejected on the recommendation of the Provincial Forest Management
Committee.
The reasons for the rejection of the
application by the Provincial Forest Management Committee are set out below.
(Attach Provincial Forest Management Committee's reasons
for rejection).
Road Development Project:
(Describe)
Reasons for rejection of
Application:
(state or attach)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board
Form 259.—Board's recommendation to Minister to recommend
to the National Executive Council to endorse an application for a large scale
conversion of forest to road
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxx]Act,
Sec. 90(D)(12) Form 259
Reg. 280
BOARD'S RECOMMENDATION TO THE
MINISTER TO RECOMMEND TO THE NATIONAL EXECUTIVE COUNCIL TO ENDORSE AN
APPLICATION FOR A LARGE SCALE CONVERSION OF FOREST TO ROAD
To the Minister for Forests.
The Board under Section 90(D)(12) of
the Forestry Act 1991, being satisfied with the recommendation made to
it by the Provincial Forest Management Committee under Section 90(D)(9) of the Forestry
Act 1991 and with the outcome of the Public Hearing under Section 90(D)(4)
of the Forestry Act 1991 hereby recommends that you recommend to the
National Executive Council to endorse the application of the applicant named
hereunder for a large scale conversion of forest to road in respect to the
project described hereunder.
Copies of the application,
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 are attached.
Name of Applicant:
(state)
Road Development Project:
(describe)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board
Form 260.—Rejection by Board of application for a large
scale road development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxi]Act,
Sec. 90(D)(13) Form 260
Reg. 281
REJECTION BY BOARD OF APPLICATION
FOR A LARGE SCALE ROAD DEVELOPMENT PROJECT
TO THE APPLICANT:
Application
No.: . . . . . .
Your application under Section
90(C)(1) to carry out a large scale road development project described
hereunder has been rejected by the Board in accordance with Section 90(D)(13)
of the Forestry Act 1991.
In accordance with Section 90(D)(13)
of the Forestry Act 1991, the Board received an evaluation and
recommendation from the . . . . . . . . . . . . . . . Provincial Forest
Management Committee in respect to your application.
The evaluation and recommendations
by the Provincial Forest Management Committee and/or the outcome of the public
hearing did not satisfy the Board that the application should be approved.
The reasons for the Board's
rejection of the application are set out below:—
(State or attach)
Road Development Project:
(describe)
Reasons for Board's rejection of
application:
(state or attach)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board
Form 261.—Minister for Forests referral to Board
recommendation for approval of an application for an authority to carry out a
large scale road development project to National Executive Council
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxii]Act,
Sec. 90(D)(14) Form 261
Reg. 282
MINISTER FOR FORESTS REFERRAL OF
BOARD RECOMMENDATION FOR APPROVAL OF AN APPLICATION FOR AN AUTHORITY TO CARRY
OUT A LARGE SCALE ROAD DEVELOPMENT PROJECT TO NATIONAL EXECUTIVE COUNCIL
To: The Secretary: National
Executive Council.
TAKE NOTICE that in accordance with Section 90(D)(14) of the Forestry
Act 1991, I have received a recommendation from the Board of the Forest
Authority recommending to me that I recommend to the National Executive Council
that it endorses an application by the Applicant named hereunder for a large
scale conversion of forest to road in respect of the project area described
below.
In accordance with Section 90(D)(14)
of the Forestry Act 1991, I now refer the Application to the National
Executive Council together with the recommendations from the Provincial Forest
Management Committee and the Board of the Forest Authority and all evaluations,
reports, certificates of approvals from all relevant Departments and the
summary of the public hearing held in respect to the application.
The National Executive Council is
now required under Section 90(D)(15) of the Forestry Act 1991 to
consider the Application and other papers referred to herein and is required to
make a direction to me to endorse or reject the application and, if the
application is rejected, to state the reasons for the rejection.
Name of the Applicant:
(state)
Project Area:
(describe)
Dated this . . . . . . day of . .
. . . . 20...
_________________
Minister for Forests.
Form 262.—Direction of National Executive Council to the
Minister for Forests to endorse/reject an application for an authority to carry
out a large scale road development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxiii]Act,
Sec. 90(D)(15) Form 262
Reg. 283
DIRECTION OF NATIONAL EXECUTIVE
COUNCIL TO THE MINISTER FOR FORESTS TO ENDORSE/REJECT AN APPLICATION FOR AN
AUTHORITY TO CARRY OUT A LARGE SCALE ROAD DEVELOPMENT PROJECT
To: The Minister for Forests.
TAKE NOTICE that the National Executive Council after having
considered the application of the applicant named hereunder and other papers
referred to it under Section 90(D)(14) of the Forestry Act 1991 made the
following decisions in accordance with Section 90(D)(15) of the Forestry Act
1991 on the . . . . . . . . day of . . . . . . . . . 20 . . . .
(1) You are hereby
directed to *endorse/reject the application of the applicant to carry out a
large scale road development project described below; and
(2) Advise the Board
of Council's direction.
*(3) The reasons for the
rejection by Council of the application are set out below.
Name of Applicant:
(state)
Road Development Project:
(describe)
*Reasons for the rejection by
Council:
(state or attach)
*Delete whichever is inapplicable.
Dated this . . . . . . day of . .
. . . . 20...
______________________________
National Executive Council Chairman.
Form 263.—Minister's advice to the Board of National
Executive Councils direction to the Minister for Forests to endorse/reject the
recommendation of the Board of the Forest Authority to approve an application
for an authority to carry out a large scale road development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxiv]Act,
Sec. 90(D)(16) Form 263
Reg. 284
MINISTER'S ADVICE TO THE BOARD OF
NATIONAL EXECUTIVE COUNCILS DIRECTION TO THE MINISTER FOR FORESTS TO
ENDORSE/REJECT THE RECOMMENDATION OF THE BOARD OF THE FOREST AUTHORITY TO
APPROVE AN APPLICATION FOR AN AUTHORITY TO CARRY OUT A LARGE SCALE ROAD DEVELOPMENT
PROJECT
To: The Board.
TAKE NOTICE that in accordance with Section 90(D)(16) of the Forestry
Act 1991, I am required to advise you that the National Executive Council
made a decision on the . . . . . . day of . . . . . . . . . 20 . . .
directing me to *endorse/reject the recommendations of the Board of the Forest
Authority to approve an application for an authority to carry out a large scale
road development project described below to the applicant named below.
* As the said application has been rejected
the reasons for the Council's rejection are set out below.
Road Development Project:
(describe)
Name of Applicant:
(specify)
*Reasons for Council's rejection:
(state or attach)
*Delete whichever is inapplicable.
Dated this . . . . . . day of . . .
. . . 20...
_________________
Minister for Forests.
Form 264.—Board's advice to applicant and Provincial
Forest Management Committee of decision of National Executive Council directing
the Minister to reject an application for an authority to carry out a large
scale road development project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxv]Act,
Sec. 90(D)(17) Form 264
Reg. 285
BOARD'S ADVICE TO APPLICANT AND
PROVINCIAL FOREST MANAGEMENT COMMITTEE OF DECISION OF NATIONAL EXECUTIVE
COUNCIL DIRECTING THE MINISTER TO REJECT AN APPLICATION FOR AN AUTHORITY TO
CARRY OUT A LARGE SCALE ROAD DEVELOPMENT PROJECT
To: The Applicant.
And to: . . . . . . . . . . .
. . . . Provincial Forest Management Committee.
TAKE NOTICE that the National Executive Council after having
considered the application and other papers for an authority to carry out a
large scale road development project described below on the . . . . . . day
of . . . . . . . . . 20 . . directed the Minister for Forests pursuant to
Section 90(D)(15)(b) of the Forestry Act 1991 to reject the application
for the reasons set out below.
Description of Road Development
Project:
(describe)
Reasons for National Executive
Council Decision:
(state or attach)
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board.
Form 265.—Authority to carry out a large road development
project
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxvi]Act,
Sec. 90(D)(21) Form 265
Reg. 286
AUTHORITY TO CARRY OUT A LARGE SCALE
ROAD DEVELOPMENT PROJECT
Authority No.:
Project Area Name:
Pursuant to Section 90(D)(21) of the
Forestry Act 1991, and all other powers it enabling, the Board hereby
grants an Authority to . . . . . . . . . . . . . . . (referred to in this
Authority as "the holder").
This Authority authorizes the holder
to carry out a large scale road development project in the project area
described, and outlined in red on the map in Schedule 1 ("the Project
Area") for the term specified in Schedule 2 subject to the Act and to the
following terms and conditions:—
**(a) the holder must,
within 21 days, lodge a performance bond in accordance with Section 98 of the
Act for the amount specified in Schedule 3; and
(b) the holder must
comply with the terms and conditions specified in the Schedules hereto.
(c) the holder must
carry out the road development project in accordance with the approved
development plan and the approved implementation schedule contained in the holders
application for this Authority and as agreed to and as may be varied by the
Board of the Forest Authority from time to time.
(d) Subject to Section
90(D)(19) of the Forestry Act the holder is prohibited from felling,
cutting, removing, disposing of or damaging any trees or forest produce.
(e) the holder must
comply with the conditions of any Permit, Licence or other Authority relating
to the project and with the provisions of all Environmental and other relevant
laws of Papua New Guinea.
(f) the holder must
comply with such other conditions as are specified in schedule 4 hereto.
Dated this . . . . . . day of . .
. . . . 20...
_____________
For the Board.
**N.B. IF THE PERFORMANCE BOND IS NOT LODGED WITHIN 21 DAYS
AND NO APPLICATION UNDER SECTION 98(6) OF THE FORESTRY ACT 1991 HAS BEEN
MADE WITHIN 21 DAYS TO THE BOARD FOR AN EXTENSION OF TIME WITHIN WHICH TO LODGE
THE PERFORMANCE BOND THEN THIS TIMBER AUTHORITY IS DEEMED VOID UNDER SECTION
98(5) OF THE ACT AND SHALL BE THEREBY CANCELLED.
SCHEDULE 1.—Map and description of
Project Area.
The Project Area is an area of . . .
hectares.
(INSERT A
DESCRIPTION OF THE PROJECT AREA, DETAILING SEPARATELY, THE EXACT AREAS WHICH
ARE REQUIRED TO BE CLEARFELLED BY AN INDEPENDENT TENDERER FOR THE ROAD
DEVELOPMENT PROJECT AND REQUIRED FOR INFRASTRUCTURE AND INCLUDE A MAP SHOWING
THE PRECISE AREAS OUTLINED IN RED).
SCHEDULE 2.—Term and commencement
date.
The term of the Authority is for a
period of . . . . . . commencing on the . . . . . . day of . . . . . . . .
. 20...
SCHEDULE 3.—Performance Bond
The amount of the performance bond
will be K
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 4—Other conditions
(specify)
Form 266.—Forest Clearing Authority
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxvii]Act,
Sec. 90(D)(22) Form 266
Reg. 287
FOREST CLEARING AUTHORITY
Authority No.:
Project Area Name:
Pursuant to Section 90(D)(22) of the
Forestry Act 1991 and all other powers it enabling, the Board hereby
grants a Forest Clearing Authority to . . . . . . . . . . . . . . . , a
registered forest industry participant (Registration No. )
(referred to in this Authority as "the holder").
This Authority authorizes the holder
to carry out forestry operations in the project area described, and outlined in
red on the map in Schedule 1 ("the Project Area") for the term
specified in Schedule 2 subject to the Act and to the following terms and
conditions:—
*(a) the holder must,
within 21 days, lodge a performance bond in accordance with Section 98 of the
Act for the amount specified in Schedule 3; and
(b) the holder must
comply with the terms and conditions specified in the Schedules hereto.
Dated this . . . . . . day of . .
. . . . 20...
___________________
Signature of Chairman.
*N.B. IF THE PERFORMANCE BOND IS NOT LODGED WITHIN 21 DAYS
AND NO APPLICATION UNDER SECTION 98(6) OF THE FORESTRY ACT 1991 HAS BEEN
MADE WITHIN 21 DAYS TO THE BOARD FOR AN EXTENSION OF TIME WITHIN WHICH TO LODGE
THE PERFORMANCE BOND THEN THIS TIMBER AUTHORITY IS DEEMED VOID UNDER SECTION
98(5) OF THE ACT AND SHALL BE THEREBY CANCELLED.
SCHEDULE 1.—Map and description of
Project Area.
The Project Area is an area of . . .
hectares.
(INSERT A
DESCRIPTION OF THE PROJECT AREA, DETAILING SEPARATELY, THE EXACT AREAS TO BE
CLEARFELLED FOR THE ROAD DEVELOPMENT PROJECT AND REQUIRED FOR INFRASTRUCTURE
AND INCLUDE A MAP SHOWING THE PRECISE AREAS OUTLINED IN RED).
SCHEDULE 2.—Term and commencement
date.
The term of the Authority is for a
period of . . . . . . commencing on the . . . . . . day of . . . . . . . .
. 20...
SCHEDULE 3.—Performance Bond
The amount of the performance bond
will be K
The Performance Bond will be
released on the authorization of the Managing Director under Seal of the
Forestry Authority after the holder has submitted a completion report and has
satisfied the terms and conditions of this Authority.
SCHEDULE 4—Other conditions
1. INTERPRETATION
1.1 In this Authority—
"Authorized Harvesting Area"
means the area in respect of which harvesting is, from time to time, authorized
under this Forest Clearing Authority;
"Project Area" means the area
described in Schedule 1;
"resource owners" means the
customary owners of the timber and other forest products in the Project Area,
and includes any person named as owners in the Sales and Purchase Agreement;
"the Act" means the Forestry
Act 1991;
"the holder" means the
registered forest industry participant named in this Forest Clearing Authority.
1.2 Words and phrases have the
same meanings as in the Forestry Act 1991.
2. TERMINATION
2.1 If at any time the
holder's registration as a forest industry participant is cancelled or, where
the applicant is a foreign enterprise within the meaning of the Investment
Promotion Authority Act, the IPA approvals for the activity authorized by
the Forest Clearing Authority are cancelled then this Forest Clearing Authority
shall be cancelled.
3. HARVESTING
3.1 Subject to the terms and
conditions of this Forest Clearing Authority, the provisions of the Forestry
Act and Forestry Regulations, and the provisions of any agreement
entered into by the holder with the resource owners, the holder may exercise
timber rights within the Authorized Harvesting Area during the term of this
Authority.
3.2 In order to ensure that
the planned land use by the successful applicant referred to in Section
90(C)(1) of the Forestry Act 1991 actually takes place, the forest
clearing operation shall be authorized as follows—
(i) the 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
(ii) the forest
clearing must follow a surveyed alignment which must have been carried out by a
registered surveyor; and
(iii) 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
(iv) the maximum
roadline corridor which may be cleared under this forest clearance authority
shall not exceed—
(a) in respect to the corridor
length - the length of road planned to be constructed ; and
(b) in respect to the corridor
width for each and every stage of forest clearance - shall not exceed 40 metres
in width.
(v) the rights under
this authority may be suspended where—
(a) construction of the road in the
corridor cleared under this 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
(b) the applicant referred to in
Section 90(C)(1) of the Forestry Act 1991, has not provided to the
Authority 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.
3.3 The holder shall comply
with the approved implementation schedule determined by the Department
responsible for Roads or other relevant Department and as also approved by the
Board of the Forestry Authority.
3.4 Any further phase under
this Forest Clearing Authority may only be granted by the Managing Director of
the National Forest Service for the same purposes of forest clearance for the
road where all conditions relating to the road development plan implementation
schedule have been satisfied.
3.5 The rights under this
Forest Clearing Authority may be suspended where the planned land use by the
applicant referred to in Section 90(C)(1) is not meeting the set standards of
the Department responsible for road matters or other relevant government agency
or instrumentality's approved implementation schedule.
4. ASSOCIATED RIGHTS
4.1 In carrying out the terms
and conditions of this Authority the holder may exercise rights within those
parts of Project Area in which harvesting is authorized to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks, roads, tracks,
bridges, culverts and similar works;
(c) prepare and construct loading and
storage sites for forest products;
(d) extract, remove, convert and use
road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the Project area subject to
payment of any royalty agreed with the resource owners or fixed in the Sales
and Purchase Agreement;
(e) use, keep and transport vehicles,
machinery, plant and equipment;
(f) use road and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys) and inventories.
4.2 Subject to this Forest
Clearing Authority and the laws of PNG, the holder may export timber harvested
under this Forest Clearing Authority.
5. ENVIRONMENTAL AND FOREST
MANAGEMENT STANDARDS
5.1 The holder must at all
times comply with and observe the provisions of the Environmental
Contaminants Act, Environmental Planning Act, Water Resources Act
and other environmental laws of Papua New Guinea.
5.2 The holder must at all times
comply with and observe all such standards and practices as determined from
time to time by the Authority and issued in the form of a P.N.G. Logging Code
of Practice or any replacement document thereof.
6. RIGHTS OF RESOURCE OWNERS
6.1 In carrying out its rights
under this Forest Clearing Authority, the holder must not interfere with the
customary user rights of the resource owners including the right to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials for
making clothing, artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Forest
Clearing Authority shall be taken as authorizing the holder to make food gardens,
hunt or fish within the Project Area or the areas adjacent to it.
6.3 Compensation for any
breach of this Clause will be determined by agreement between the holder and
the resource owners or will be fixed by the Valuer-General if no agreement can
be reached.
6.4 Where the holder is in
breach of the Clause, the Holder must pay the compensation which has been
agreed or fixed under Clause 6.3, within the period of time specified by the
Managing Director.
7. PAYMENT FOR TIMBER
7.1 The holder must pay revenue
to the resource owners at the rates fixed in any Sales and Purchase Agreements
between the resource owners and the holder and such revenue shall in any event
be not less than rates required to be paid under the National Forest Service
revenue requirements for Timber Permit holders existing at the time of harvest
in respect of all timber felled and scaled within the Project Area.
7.2 In addition to payments
made to the resource owners, the holder must pay to the Forest Authority any
levies which are from time to time fixed by the Minister in respect of the
Forest Clearing Authority, or in respect of Timber Authorities generally.
8. ROADS AND BRIDGES
8.1 The holder must construct
all bridges and roads required for its operation within the Project Area.
8.2 The holder must maintain
all bridges and roads to a standard sufficient to carry normally laden logging
trucks and at all times during the term of this Forest Clearing Authority must
ensure that all roads which are in use for the logging operation are in a
trafficable condition.
8.3 Any roads constructed by
the holder which are in trafficable condition and not otherwise closed whilst
dangerous operations are being carried out will be available for use by the
public without charge.
9. LAND AND BUILDINGS
9.1 The holder must not erect
any buildings or fixtures within the Project Area other than roads and bridges,
landings and other infrastructure mentioned in Clause 8, without the consent of
the resource owners.
9.2 Any buildings or fixtures
constructed in the Project Area for the purpose of this Authority are severable
and may be removed by the holder within 90 days of the expiration or
cancellation of the Forest Clearing Authority doing as little damage to the
land as possible.
10. MEASUREMENT AND RECORDING
OF FOREST PRODUCE
10.1 All forest produce
harvested in the project area must be scaled and numbered in accordance with
directions given from time to time by the Managing Director.
10.2 Subject to any other
direction which may be given under Clause 10.1, timber harvested in the Project
Area must be scaled, recorded and declared in accordance with the Forest
Authority's Directions for Scaling, but the use of a Licensed Log Scaler is not
required, and the use of official numbered Log Scale Record Sheets and numbered
log tags is not required.
10.3 Where timber harvested in
the Project Area is to be exported, the holder must also comply with procedures
for export of logs from time to time specified by the Managing Director.
11. MARKETING
11.1 The Holder must endeavour
to obtain the best price for the timber harvested under this Forest Clearing
Authority and must in all cases obtain arm's length prices. For the purposes of
this clause, a price is an arm's length price if it is equal to or greater than
the price which would have been obtained on an arm's length sale on the same
terms and conditions of sale other than price.
12. COMPLIANCE WITH LAWS
12.1 The holder must observe the
conditions of any permit, licence approval or other authority relating to the
project, and the provisions of all relevant laws of Papua New Guinea.
Form 267.—Verification of ownership and consent of
landowners
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxviii]Act,
Sec. 90(A)(3)(f) & 90(D)(3)(g) Form 267
Reg. 288
VERIFICATION OF OWNERSHIP AND
CONSENT OF LANDOWNERS.
(A SEPARATE COPY
OF THIS FORM MUST BE COMPLETED FOR EACH CLAN AGENT, INCORPORATED LAND GROUPS OR
INDIVIDUAL HAVING OWNERSHIP RIGHTS OVER TIMBER AND/OR FOREST PRODUCTS NOT TO BE
TAKEN UNDER THE FOREST CLEARANCE AUTHORITY. COMPLETED FORMS SHOULD BE ATTACHED
TO THE APPLICATION FOR A LARGE SCALE CONVERSION OF FOREST TO AGRICULTURE OR
OTHER LAND USE OR ROADLINE DEVELOPMENT AUTHORITY).
1. Name and address of
Resource Owners.
(Delete whichever are inapplicable)
* note that only a Clan Agent or an
Incorporated Land Group can exercise rights over customary land. Corporations
may only exercise rights over freehold or leasehold land, not over customary
land.
The sales and purchase agreement as
prescribed in the Regulations and this Consent Form must be signed in the
village where the customary owners live, and witnessed by a Village Court
Magistrate or a land mediator.
2. Basis of ownership.
|
Customary
|
|
Freehold title
|
|
Leasehold title
|
|
Other
|
|
(tick the box which
applies) (Specify)
3. Consent to the project—
I hereby certify that—
(a) I have been given a copy of the
attached application for an Authority to carry out a large scale conversion of
forest to:
|
·
|
agriculture
|
|
|
·
|
other land use
|
|
|
·
|
roadline development
|
|
and the project documents which go with
the application;
(tick the box which applies)
(b) the resource owners named above
have ownership rights over timber or other forest produce within the—
|
Area
|
|
(describe the area
owned by the resource owners)
|
(c) the
resource owners consent to the harvesting of—
|
·
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timber
|
|
and/or
|
|
·
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other forest produce
|
|
|
in
the area above described;
(tick the box which applies)
for the purposes of a large scale
conversion of forest to—
|
·
|
agriculture
|
|
|
·
|
other land use (specify use)
|
|
|
·
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roadline development
|
|
(tick the box which applies)
(d) I have been appointed according
to customs to act as the agent of the resource owners for the purpose of the
project (strike out if the land is not customary land).
|
DATE:
|
(write the date of
signing here)
|
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Signature:
|
|
|
(the person giving consent
on behalf of the resource owners signs here. If the land is customary land,
the form must be signed in the place where the resource owners live. A
Village Court Magistrate or land mediator must witness the signature - see
section 4 below).
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Name of person signing
|
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Place where the form was signed:
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If the land is customary land, is
the person giving consent above—
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Clan Agent
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Authorized by an Incorporated Land Group
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(tick the box which applies)
4. Certificate by witness.
I certify that I believe the person
whose signature appears above is authorized to give this consent on behalf of
the resource owners named, and that I believe that the resource owners are the
true owners of the land described.
|
Signature of witness:
|
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Name of witness:
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Address of witness:
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Position held by witness:
(Witness must be a Village Court Magistrate or Land
Mediator)
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Form 268.—Sales and purchase agreement
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
[cccxxxix]Act,
Sec. 90(B)(20) & 90(D)(20) Form 268
Reg. 289
SALES AND PURCHASE AGREEMENT.
THIS AGREEMENT is
made on the . . . . . . . . . day of . . . . . . . . . . . . 20 . . .
BETWEEN
Registered Forest Industry
Participant and successful tenderer for a Forest Clearing Authority (called
'the Purchaser' in this agreement).
AND
Customary owners of timber in the .
. . . . . . . . . . . . . . area (called 'the Resource Owners') in this
Agreement.
WHEREAS:
A. The Resource
Owners comprises the persons listed in Schedule 1 who are the sole owners of
customary land in the area and have the right to sell timber or other forest
products growing on the land in the area marked in red on the map in Schedule
2. (use one agreement for each clan);
B. The Resource
Owners have not otherwise sold or disposed of rights over the timber or other
forest produce growing on the land;
C. The Purchaser
wishes to make an agreement with the Resource Owners for the purchase of timber
or other forest produce.
D. The Resource
Owners have appointed as their agent in accordance with custom—
|
name of Clan Agent or person appointed by Incorporated
Land Group: . . . . . . . . . . . . . . .
|
|
|
(State)
|
to execute this agreement on their
behalf.
NOW IS AGREED AS FOLLOWS.
1. CONDITION PRESEDENT.
1.1 This Agreement is subject to and
conditional upon the grant of a Forest Clearing Authority and the terms and
conditions contained therein and shall not confer any right to harvest timber
or other forest produce except in accordance with that Forest Clearing
Authority.
2. GRANT OF RIGHTS TO TIMBER
OR OTHER FOREST PRODUCE.
2.1 The Resource Owners hereby grant to
the Purchaser the exclusive right to purchase timber or other forest produce
from the land area described in Schedule 2 (referred to in this agreement as
'the Clan Land', with the exception of those species listed in Schedule 4).
2.2 The resource Owners declare that—
(a) they are customary owners of
the Clan land;
(b) they are entitled under custom
to deal with the timber or other forest produce on that land; and
(c) no other person has any right
or interest in the timber or other forest produce on the land.
2.3 Timber or other forest produce
remains the property of the customary owners of the land in which it is growing
until it has been felled, when the timber or other forest produce becomes the
property of the Purchaser, subject to the payment of the monetary benefits set
out in Schedule 3.
2.4 The Resource Owners must not
interfere with the carrying out of this Agreement.
2.5 The Resource Owners must not allow
any other person to acquire an interest in the timber or other forest produce
which the Purchaser may be entitled to take under this Act.
3. TERM OF THIS AGREEMENT.
3.1 The term of this Agreement is . .
. . . . . . . . . . . . . . . . .commencing on the day on which a Forest
Clearing Authority covering all or part of the Clan land is issued.
4. MONETARY BENEFITS.
4.1 At the end of each month during
which timber or other forest produce has been taken under this Agreement, the
Purchaser must pay to the Resource Owners monetary benefits in accordance with
Schedule 3, calculated on the volume of timber scaled or other forest produce
declared during that month.
5. ADDITIONAL RIGHTS OF THE
PURCHASER.
5.1 The Resource Owners grant to the
Purchaser and all persons lawfully authorized by the Purchaser the right to—
(a) enter on and pass through land
(but not private premises);
(b) make fire breaks and formed and
unformed roads, tracks, bridges, culverts and similar works;
(c) prepare and construct loading
and storage sites for the forest produce;
(d) extract, remove, convert and
use road-making materials for the purpose of any of the activities set out in
paragraphs (a) to (c) above carried out within the land area described in
Schedule 2 subject to payment of revenue benefits described in Schedule 3;
(e) use, keep and transport
vehicles, machinery, plant and equipment;
(f) use roads and waterways;
(g) conduct land and resource
assessment surveys (including aerial surveys and inventories).
6. RIGHTS OF THE RESOURCE
OWNERS.
6.1 The Clan and its members are
entitled to carry out all customary rights to—
(a) hunt;
(b) fish;
(c) gather plant foods;
(d) gather traditional materials
for making clothing, artifacts, tools, utensils and houses;
(e) collect firewood;
(f) plant, maintain and harvest
subsistence gardens;
(g) enter on and pass through land.
6.2 Nothing in this Agreement entitles
any employee of the Purchaser to hunt, fish or make gardens on Clan land
without the permission of the owners of the relevant land.
SCHEDULE 1—List of resource owners.
SCHEDULE 2—Map diagram of clan land
area.
(Insert map - need not be to
scale - showing clan area with red boundary).
Cultural areas to be excluded
under Clause 6 may also be shown in green or blue.
SCHEDULE 3—Monetary benefits.
(Note: Monetary benefits must be
payouts not less than those required under the National Forest revenue
requirements for Timber Permit Holders at the time of harvest, etc. and as
agreed to by the Forest Authority.
SCHEDULE 4—Excluded species.
May also list any excluded areas
if they cannot be shown on the map in Schedule 2.
[cccxl]SCHEDULE 2.
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
Act, Sec. 98
Reg. 90
|
NOMINATED BREACHES OF CONDITIONS OR REQUIREMENTS OF A
TIMBER PERMIT, TIMBER AUTHORITY, LICENCE, AUTHORITY OR A PROJECT AGREEMENT
TO CARRY OUT LARGE SCALE AGRICULTURAL OR OTHER LAND USE OR ROADLINE PROJECTS
AND FOREST CLEARING AUTHORITIES.
|
SCALE OF DEDUCTIONS
|
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Non-payment of Royalty or Royalty Equivalent under a
Timber Permit, Timber Authority or Forest Clearing Authority.
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The amount of the non-payment.
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Non-payment of Levies.
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The amount of the non-payment.
|
|
Failure to construct or maintain roads, bridges, and any
other infrastructure including Wharf, Berthing and Loading facilities.
|
The cost as certified by the Secretary of the Department
of Works and Supply of carrying out the construction or maintenance required
or the amount of the performance bond whichever is the lesser.
|
|
Failure to implement and carry out in Part or in whole an
agricultural development project.
|
The cost as certified by the Secretary of the Department
of Agriculture and Livestock of carrying out in part or in whole the
agricultural development project or the amount of the performance bond
whichever is the lesser.
|
|
Failure to observe environmental and forest management
agreement standards or conditions.
|
The cost of any environmental or other damage as
determined by the Secretary, Department of Environment and Conservation or
the amount of the Performance Bond whichever is the lesser.
|
|
Failure to erect log ponds.
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The cost as certified by the Secretary for the Department
responsible for Works matters carrying out in part or in whole the
construction of the log ponds.
|
|
Failure to carry out the harvesting of forest produce as
permitted.
|
The market value as determined by the Authority of logs
not harvested or the amount of the performance bond whichever is the lesser.
|
|
Failure to carry out proper marketing of forest produce
and/or failure to obtain arms length prices for forest produce harvested.
|
The difference in the value between what was the market
price at the time of harvest which shall be as determined by the Managing
Director and what the forest produce was sold for.
|
|
Failure to measure, scale and record forest produce as
permitted.
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10% of the Performance Bond.
|
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Destroying forest produce without proper authorization.
|
The value as determined by the Managing Director of the
forest produce destroyed or the amount of the Performance Bond whichever is
the lesser.
|
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Failure to register a timber processing plant.
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15% of the Performance Bond.
|
|
Failure to maintain and submit returns and records as
required.
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10% of the Performance Bond.
|
|
Failure to construct and maintain any buildings on the
land including sawmills
|
The cost as certified by the Secretary, Department of
Works and Supply of carrying out the construction or maintenance required or
the amount of the Performance Bond whichever is the lesser.
|
[cccxli]SCHEDULE 3.
INDEPENDENT STATE OF PAPUA NEW
GUINEA
Forestry Act 1991.
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Provision of
the Act or Regulation
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Description of
application or process
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Fee
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Regulation 87(b)
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Application for copy of a Development Options Study
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K5,000
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Regulation 89(b)
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Application for a copy of final project guidelines
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K1,000
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Regulation 90 (c)
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Lodgement of Expression of Interest and accompanied
Project Proposal
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K100
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Regulation 94
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Application to carry out feasibility studies
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K500
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Regulation 119
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Application for a timber permit
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K1,000
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Regulation 123
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Application for extension or renewal of term of a timber
permit
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K3,000
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Regulation 133
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Application to transfer or amend a timber permit
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K5,000
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Regulation 133
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Application for surrender of a timber permit
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K nil
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Regulation 160, 162, 164, 166, 168
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Application for a timber authority:
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Where the applicant is a corporation whose shares are
partly or wholly held by a company incorporated outside Papua New Guinea or
a person ordinarily resident outside Papua New Guinea
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Form 156
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K500
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Form 158
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K5,000
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|
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Form 160
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K10,000
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Form 162
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K2,000
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Form 164
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K2,000
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Regulation 160, 162, 164, 166, 168
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All other applicants
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Form 156
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K250
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Form 158
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K2,500
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Form 160
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K5,000
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|
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Form 162
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K1,000
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Form 164
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K1,000
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Regulation 179
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Application for a licence
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K1,000
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Regulation 193
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Application for an extension of a licence
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K500
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Regulation 199
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Submission of a Project Statement
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K200
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Regulation 200
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Submission of a Five Year Working Plan
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K200
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Regulation 201
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Submission of an Annual Logging Plan
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K200
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Regulation 205
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Application for a log scaler's licence
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K200
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Regulation 209 and 211
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Applications under Regulation 199 and 201 where the
applicant is a corporation whose shares are partly or wholly held by a
company incorporated outside PNG or a person ordinarily resident outside
PNG.
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K500
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All other cases.
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K 250
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Regulation 213
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Notification of change of Particulars where the person to
whom the notification relates is a corporation whose shares are partly or
wholly held by a company incorporated outside PNG or a person ordinarily
resident outside PNG.
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K250
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All other cases.
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K125
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Notification of change of Particulars where the person to
whom the notification relates is a corporation who comes within Regulation 213(3).
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K500
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Regulation 217
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Appeal to Minister on Registration
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K100
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Regulation 240
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Application to register a Timber Processing Plant
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K500
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Regulation 245 & 246
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Maps, Forms, etc.
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As determined from time to
time by the Managing Director
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Regulation 247(2)
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Application for any tender documentation/specifications
(if any) relating to any tender (other than any documentation/specification
relating to a project proposal).
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K100
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Regulation 249
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Search of public register
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(a) summaries
of decisions of the Board
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K20
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(b) maps
relating to forests
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(as determined by
the Managing Director from time to time).
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(c) details
of—
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(i) registered
Forest Industry Participants and Consultants;
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(ii) licensed
Scalers; and
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(iii) registered
timber processing plants.
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Including an extract of the
relevant certificate of registration of licence; and
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(iv) Timber
Permit holders; and
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(v) Timber
Authority holders; and
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(vi) Licence
holders; and
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(vii) holders
of forest clearing authorities; and
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(viii) holders
of authorities to carry out large scale agricultural or other land use
projects; and
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(ix) authorities
to carry out large scale roadline projects.
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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.
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K50
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(x) forest
potential areas including an extract containing their details and the
unallocated areas;
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K100
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(xi) Forest
Management Agreements and field reports relating to the signing of the
Agreement with resource owners.
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K100
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Regulation 254
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Application for an Authority to carry out a large scale
Agricultural or other land use development where the amount of proposed
clearance of natural forest is greater than 50 Hectares in total.
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K50,000
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Regulation 271
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Application for an Authority to carry out a large scale
Roadline development where the amount of proposed clearance forest is
greater than 50 Hectares in total.
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K50,000
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Regulation 290
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Application to inspect and make copies of a report and
summary of matters associated with an application for a large scale
agricultural or other land use project or roadline project and the Board's
consultation.
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K50
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[ccxlvi]Section 21 repealed by No 1 of 2001.
[ccxlvii]Section 22 repealed and replaced by
No 1 of 2001.
[ccxlviii]Section 23 repealed and replaced by
No 1 of 2001.
[ccxlix]Section 91 repealed and replaced by
No 1 of 2001.
[ccl]Section 92 repealed by No 1 of 2001.
[ccli]Subsection (3) repealed by No 1 of 2001.
[cclii]Section 196 repealed and replaced by
No 1 of 2001.
[ccliii]Section 249 repealed and replaced by
No 1 of 2001.
[ccliv]Section 250 repealed by No 1 of 2001.
[cclv]Section 254 added by No 1 of 2001.
[cclvi]Section 255 added by No 1 of 2001.
[cclvii]Section 256 added by No 1 of 2001.
[cclviii]Section 257 added by No 1 of 2001.
[cclix]Section 258 added by No 1 of 2001.
[cclx]Section 259 added by No 1 of 2001.
[cclxi]Section 260 added by No 1 of 2001.
[cclxii]Section 261 added by No 1 of 2001.
[cclxiii]Section 262 added by No 1 of 2001.
[cclxiv]Section 263 added by No 1 of 2001.
[cclxv]Section 264 added by No 1 of 2001.
[cclxvi]Section 265 added by No 1 of 2001.
[cclxvii]Section 266 added by No 1 of 2001.
[cclxviii]Section 267 added by No 1 of 2001.
[cclxix]Section 268 added by No 1 of 2001.
[cclxx]Section 269 added by No 1 of 2001.
[cclxxi]Section 270 added by No 1 of 2001.
[cclxxii]Section 271 added by No 1 of 2001.
[cclxxiii]Section 272 added by No 1 of 2001.
[cclxxiv]Section 273 added by No 1 of 2001.
[cclxxv]Section 274 added by No 1 of 2001.
[cclxxvi]Section 275 added by No 1 of 2001.
[cclxxvii]Section 276 added by No 1 of 2001.
[cclxxviii]Section 277 added by No 1 of 2001.
[cclxxix]Section 278 added by No 1 of 2001.
[cclxxx]Section 279 added by No 1 of 2001.
[cclxxxi]Section 280 added by No 1 of 2001.
[cclxxxii]Section 281 added by No 1 of 2001.
[cclxxxiii]Section 282 added by No 1 of 2001.
[cclxxxiv]Section 283 added by No 1 of 2001.
[cclxxxv]Section 284 added by No 1 of 2001.
[cclxxxvi]Section 285 added by No 1 of 2001.
[cclxxxvii]Section 286 added by No 1 of 2001.
[cclxxxviii]Section 287 added by No 1 of 2001.
[cclxxxix]Section 288 added by No 1 of 2001.
[ccxc]Section 289 added by No 1 of 2001.
[ccxci]Section 290 added by No 1 of 2001.
[ccxcii]Form 20 repealed and replaced by No 1 of 2001.
[ccxciii]Form 21 repealed and replaced by No 1 of 2001.
[ccxciv]Form 88 repealed and replaced by No 1 of 2001.
[ccxcv]Form 157 repealed and replaced by No 1 of 2001.
[ccxcvi]Form 158 repealed and replaced by No 1 of 2001.
[ccxcvii]Form 159 repealed and replaced by No 1 of 2001.
[ccxcviii]Form 160 repealed and replaced by No 1 of 2001.
[ccxcix]Form 194 repealed and replaced by No 1 of 2001.
[ccc]Form 196 repealed and replaced by No 1 of 2001.
[ccci]Form 197 repealed and replaced by No 1 of 2001.
[cccii]Form 198 repealed and replaced by No 1 of 2001.
[ccciii]Form 199 repealed and replaced by No 1 of 2001.
[ccciv]Form 233 added by No 1 of 2001.
[cccv]Form 234 added by No 1 of 2001.
[cccvi]Form 235 added by No 1 of 2001.
[cccvii]Form 236 added by No 1 of 2001.
[cccviii]Form 237 added by No 1 of 2001.
[cccix]Form 238 added by No 1 of 2001.
[cccx]Form 239 added by No 1 of 2001.
[cccxi]Form 240 added by No 1 of 2001.
[cccxii]Form 241 added by No 1 of 2001.
[cccxiii]Form 242 added by No 1 of 2001.
[cccxiv]Form 243 added by No 1 of 2001.
[cccxv]Form 244 added by No 1 of 2001.
[cccxvi]Form 245 added by No 1 of 2001.
[cccxvii]Form 246 added by No 1 of 2001.
[cccxviii]Form 247 added by No 1 of 2001.
[cccxix]Form 248 added by No 1 of 2001.
[cccxx]Form 249 added by No 1 of 2001.
[cccxxi]Form 250 added by No 1 of 2001.
[cccxxii]Form 251 added by No 1 of 2001.
[cccxxiii]Form 252 added by No 1 of 2001.
[cccxxiv]Form 253 added by No 1 of 2001.
[cccxxv]Form 254 added by No 1 of 2001.
[cccxxvi]Form 255 added by No 1 of 2001.
[cccxxvii]Form 256 added by No 1 of 2001.
[cccxxviii]Form 257 added by No 1 of 2001.
[cccxxix]Form 258 added by No 1 of 2001.
[cccxxx]Form 259 added by No 1 of 2001.
[cccxxxi]Form 260 added by No 1 of 2001.
[cccxxxii]Form 261 added by No 1 of 2001.
[cccxxxiii]Form 262 added by No 1 of 2001.
[cccxxxiv]Form 263 added by No 1 of 2001.
[cccxxxv]Form 264 added by No 1 of 2001.
[cccxxxvi]Form 265 added by No 1 of 2001.
[cccxxxvii]Form 266 added by No 1 of 2001.
[cccxxxviii]Form 267 added by No 1 of 2001.
[cccxxxix]Form 268 added by No 1 of 2001.
[cccxl]Schedule 2 repealed and replaced by
No 1 of 2001.
[cccxli]Schedule 3 repealed and replaced by
No 1 of 2001.
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