Forests Act 2009 (No. 6 of 2009)

. J ACT No.6 of 2009 FORESTS ACT 2009 ARRANGEMENT OF SECTIONS SECTION I 1. 2. 3. , . "'/ ' Short title and commencement. Interpretation. Declaration of State forest, PARTl PRELIMINARY / (h) No.6] Cap. 67 :0 1 No .7 of 1996 Cap. 20 :02 \ LAWS OF GUYANA 10 "former Act" means the Forests Act in force immediately before the co mme ncement of this Act; "holder" in relation to any State forest authorisation, permit, l icence , or certificate (a) means the person to who m the authorisation, permit, licence. or certificate is granted or issued; (b ) wher e it is granted or issued to a person jointly with others, means each of those persons to whom the authorisation, permit, licence, or certificate is granted; and (c) includes every person to whom the aut horisat ion, pe rmi t, licence, or certificate. or any interest in it is transferred; "Iwokrama Rainforest" means the Programme S ite us defined by sec tion 2 of the Iwokrama International Centre for Rain Forest Conservation und De ve lopment Act 1996 ; "Kaieteur National Park" means the KaieteurNationnl Purk constituted by section 2 of the Kaieteur National Park Act. "manage", in relation to any forest, includes curryl ng out forest operati ons, incl uding conservation activities; "premises" includes (a) any building or other structure; nnd (b) any land; "primary conversion plant" (a) means any sawmill. or nny other plnnt, mach ine , or equipment designed or used 10 brenk down or in an y way convert any kind or I'oresl produce In u raw form into products for sale, usc, OJ' lurther trentmcru or processing ; and includes a portable SII wl11111 or II ehnlnsuw: .i I ~ I i •, • I I I I I ~ P. l ' A.D. 2009] FORESTS 11 [No. 6 <a) (b) (c) (d) <e) (I) (g) I ! i I I I I \ "primary conversion plant permit" means a permitof that designation issued under section 38; "private land" means land that is neither public land nor Village land; "publicly notify" in relation to any document, information, or other matter, mean s to publish a copy of that document, informa tion or other matter in at least one da ily newspaper in general circulation in Guyana. "public notice" means a publication in the Officia l Gazelle; «regulations" means regulations made under this Act; "removal permit" means a permit issued under section 36; "sawmill " <a) means a mill designed and used to break down and convert logs or cants into boards, planks, scantlings or wood products suitable for further processing; and (b) includes a sawpit; "sawpit" means an area or pit made to facilitate the operation of a pit-saw by manual labour. "sell" includes every method of disposition for valuable consideration. includin g barter; dispositi on to an agent for sale on consignment; sell for export from Guyana; offering or attempting to sell; receiving. storing, or having in possession for sale; exposing for sale; sell after breaking down, converting, treating, planning or subject ing to any other kind of treatment or procedur e, and "resell" pas a corresponding meaning; I' No, 6] LAWS OF GUYANA 12 [AD,2009 "timber" includes "State forest"means an area declared to be a State forest under section 3; "use permit" means a use permitgranted under section 10; "sustainable forest management". in relation to any land, means managing that land in a way that 1 I I I " 1 ~ I I ~.'~ ",r ~ I, t,, i ~ I ! t ~ I I ~ I ! I i !, J The Minister may. by public notice, make an order declaring any area(1)3, of public forested land to be a State forest, (2) No order may be made except on the advice of the Commission that the forests in the area are suitable for long-term forestry purposes. (3) An order under this section may be amended, suspended, or revoked hy the Minister by public notice on the advice of the Commission. (4 ) For the avoidance of doubt, nothing in this section applies to (a) a tree, or any ligneous part of a tree, whether standi ng , fallen or felled; and (b) any wood, whether or not sawn, split, he wn or othe rwi se cut up or fashio ned, except firewood ; (a) ensures that the forest produce and amenities derived from that land meets present-day needs; and (b) at the same time secures for future generations the cont inued availability and co ntribution of that forest produce andthose amenities; "take", in relation to forest produce, (a) includes extract, collect, or harvest; but (b) excludes any activity specified in paragraph (a ) or (b) of section 36 (1); "State fore st authorisation" means an exploratory permit, a conce ssion , a use permit, an afforestation agreement. or a community forest management agreement; Declaration of State forest. No, 60r2006 ,.,., . , / , Ca) Cb) (c) Amerindian Village lands as defined by section 2 of t he Amerindian Act 2006; Iwokrama Rainforest;or Kaieteur National Park. A.D. 2009] FORESTS 13 [No .6 PART 2 SUSTAINABLE FO REST MANAGEMENT OF STATE FORESTS Purpo se of thi s Part. 4. The purpose of this Part is to provide for the sustainable forest management of State forests having regard to (a) any directions given by the Mini ster to the Commission under section 8 (3) of the Guyana Forestry Com miss ion Act 2007; and No. 20 of 2007 (b) (c) Guyana' s interna tional legal obligations; recommendations arising from public consultations. J (e) (d) (c) (c ) (b) I' I 'Paragra ph (e) of sub section (2) does not include a traditional mini ng ( 1) (3) r privilege. Except in accordance with subsection (2), no person shall (a) enter a State forest, provided that a person may travel through a state forest in the course of his journey and may reaso nably occupy or use the forest for the purpose of his journey; cut, damage, or take any forest prod uce, or carry out a ny other kind of forest operation in a State forest; carry out any kind of exploratory operation in a State forest; (d) occupy or use any land in a State forest; (e) clear. cultivate, or turn soil in a State forest; or (f) graze or pasture livestock in a State forest. (2) A person may, in relation to a State forest, exercise or perform any right, power, duty, or privilege (a) conferred or imposed by a State forest authorisation; (b) conferred or imposed by a licence for petroleum prospecting or production issued under the Petroleum (Expl oration and Production) Act 1986; conferred or imposed by a licence for mineral prospecting or mining issued under the Mining Act 198 9 ; otherwise co nferred or imposed by or under this Act or any other written law; or held by any Amerindian Vill age or Community under sustainable none commercial practices immediately before the commencement of this Act, if the righ t, power, duty , or privilege (as the case may be) is exercised or performed sustainably in accordance with the spiritual relationship of the group with the land. 5. forest. No. 20 of 1989 No.3 of 1986 Restriction of activities in State 1 I, No.6] LA WS OF GUYANA 14 [AD. 2009 Forest concess ion agreement. 6. (1) In this sect ion, "person having effective control", in relation to an applicant, has the definition given to it by section 16(1), except that any reference in .that definition to a holder shall be read as a reference to the applicant . (2) Subjec t to this secti on and sections 7 an d 8, thc Commission may an application grant any person a forest concess ion agreement by entering into a legally binding agreement with the person concerned authorising thnt person to do all or any of the following (a) enter and occupy a specified area of SUllO forest: (b) cut and lake a specified kind lind qunrulty of forest produce in the area; (c) carry out other specified forest opcrMlnnR or curry out forest conservation operat ions In th ~ concesslon urea; (d) carry out specified operations In II ny othcr nrcn of State forest as necessary to fllcllltlitQ thO nctlvlttes or operations specified in pnrngrn plf(n)i (b), or (c). (3) A concession may be granted to cnrry OUI ·(QtOIi conservation operations in an area e ven if forest produce suitable for ,",ommen.;I,,1IINC occ urs in the area. Act, a out the renew the wllh the cnncession concession " 4>~ :".< :'-.=,; OmmlaHlnn is of the,no . (b) concession expires on the earlier of (a) the expiry dute Ipi agreementconcer nodl .l: ~ (b) the fortieth lInnili · agreement. (7) Where the holder of u cnnOO! ' . .~ Agreement "lies to ' the Commission fof t! months before the expiry of the ngrgom, agreement, ,.extending the duration of \li~; regulat ions and on conditions the Comm l~, . (4) In determ ining an application, the Commlllhll1 ·:ih~1I evaluate the .\ '.:f'.:;~- : ";,::/ ;'. '- technical and financi al qualifications and compllunce hlHti.ll1fut tho uppllcnnr and every person having effective control of the applicunt, (5) No person may be granted a concession unl, opinion that the person - c.",:. (a) intends in good fnllh loGtlr agreement concerned: nnr '''~ ,'~ has the competence f " operations specified InT (6) Unless soo ner surrendered, revllkod (8) The Commission shall refuse to renew the concession if the holder has not substantially complied with the-cond itions of the forest concession agree ment concerned, unless the Commi ssion considers that specia l c ircumstances exi st that justify renewal despite the non-compliance. forest 8097 hectares or smaller, the Commission shall (a) by public notice invite applications for a concess ion over the area and notify the locations where the documents referred to 10 subsec tion (2) may be inspected or bought ; and (b) provide any other publicity that the Commiss ion considers necessary to bring the invitation to the attention of persons likely to be interested in obtaining a concess ion over the area. Before granting or renewing any concessio n over an area of State ., J :j I I I I I A.D. 2009] Grant or renewal of smaller co ncessio ns. 7. (I) FORESTS 15 [No.6 (2) The Commission shall make availab le for inspection at its offices a nd for sale on a cost recovery basis copies of all documents in its possessi on concerning the forest produce and other features of the area that the Co mmiss ion considers relevant to the preparation of applications . larger than 8097 hectares, except (a) on application by the holder of an exploratory perm it, under section 9 (10); or (b) on application by a person (including any duly constituted local or international environmental non governmental organisation) who satisfies the complia nee and other requirements for the right to carry out forest conservation operations in that area. (2) Notwithstanding any other provision of this Act , no person shall carry out any forest operations or forest co nservation operations within a concessio n a rea larger than 8097 hectares except ' . Grant or renewal of larger concessions. 8. ( 1) No concession may be granted or renewed over an area of State forest (a) ,,/ / ' after the Commissio n has approved a forest managem ent plan of at least 5 years duration and an annual operations plan for the concess ion area; and (b) in accordance with those plans. No. 6] Exploratory permit. 9. ( 1) LAWS OF GUYANA 16 In this section, [A.D. 2009 ~ ' . 1 ~ ;: .. p ~ -. •, ! I "appointed percenta ge" mcuns (a) a percentage prescribed by regulations; or (b) where no percentage 1Mprescribed, 25 'Yo ; "person having effec tive con trol' ', In relntion to an applicant, has the definition s lven III II by scctlon 16 (1), except that any reference In Ihnl donn Ilion to a holder shall be read as a reference lu the nppUcno!. (2) The Commission may an application grnntl," OX plONllory permi t to any person (b) (a) to carry out explorntory oporAllilnf \'Ilthln II specified area of State forest wllh 1i ~Y1iW" IO npplylng for a , : ;; . 0; ~'~\;l¥, "';~u:,:~ concession in respect ur fhftt~r~~:~Mn~;JlnI'l er It; lind to cut and take spec l ned\fl\tiiii~d~~Qhtlt le. of forest ~ -1#:r;~~~:f%~~~~M~":' ~ produce from the explorntlJrf ftJ'tft'; l'llt lUIlog. research , ?:;,r;$~1i-;.~~9 "' and limited cornrnerclnl PU'rjiil@iji!~nhe IlKfeot necessary :',i-~ ;( J " ' p' :: ~~; :' to recoup no more Ihtln)1I1. :ap ; P~rQen tnge of the ,nr:,.t~", !.. or ":",-" costs and expoom ' ('~~IW n " ,~nlin l expenditure) · -· ...--;4.....~ ~!<....,. . · incurred in the oxplorA IOr~~Il ~ffilliill,'~d"rl ns the life of ~-.---- ' , . '" . the permit. Before granting an cxplorntory porln .~ :~;. (a) by public notlce, hi ' permit over the tlr. documents rc rorre~'; ~t: ' inspected or bOlli ' (b) provide ti ny ulh ..-. .,,\ : attention of por.o, exploratory pori (4) The Commission shall mllko,lIV , ' 1# for sale on y ",eost recovery basis copier ' / ~ ~ concerning the forest produce and othcrJ, 'i J';!." considers relevant to-the preparatio n or npplf' ."i~:;'> : I{'pti ~1 (3 ) shall (5) In determining an application for an exploratory permit, the Comm ission shall evaluate the technical and financial qualifications and co mpliance history of the applica nt and where applicable every person having effective contro l of the applicant. (6) If the Commission is satisfied that an applicant qual ifies under this Act for the grant of an exploratory permit, the Commi ssion may invite the applicant to submi t a bid specify ing the premiu m (which must be above the minimum valu e specified by the Commission), the appli cant is offering to pay for the exp lorat ory permit. I 1 ! 1 I A.D. 2009] FORESTS 17 [No .6 No. 3 of 1986 No. 20 of 1989 (7) If more than one app licant qualifies for the explora tory permit. the Commission may grant the permit by (a) negoti ating with the qualified applicants; (b) offering the exploratory permit to the publi c by competitive tender in accordance with the reg ulatio ns. (8) Unless sooner surrendered or revoked under this Act , an exploratory permit expires on the earlier of (a) the expiry date specified in the permit ; or (b) the third anniversary of its granting. (9) An exploratory permit shall not be renewed . (10) At any time while an exp loratory permit is in force , the holder may apply for a concession in respect of all or any part of the exploratory area. (11) For the avoidance of doubt . nothin g in this section applies to expl oring or prospecting for petroleum or minerals or any related matter provided for by the Petroleum (Exploration and Produ ction) Act 1986 or the Mining Act 1989. (12) For the avoidance of doubt. nothing in th is section applies to exploring for anthropological and archaeological purposes. Use permi t. 10. (1) The Commission may an application. and after consultation with (a) (b) , (c)/ ' (d) t',, (e) relevant stakeholders grant any person a Use Permi t to enter. occ upy. and use a specified area of State forest for one or more of the followin g purposes conducting scientific research; education or training; recreation or eco-tourisrn, including hiking and cam p lo g; taking photograph s or making films or videos or sound recordings; any other purpose publicl y notified by the Co mmission. (2) No person shall cut or take any fores t produce under a Use Perm it except where No. 6] LAWS OF GUYANA 18 [A.D. 2009 ,.J • !-- ~ I i (a) the applicant satisfies the Cnmmlsslor; that this is necessary for or incidcntul In I)()(/(, fide scientific research; (b) the permit specifies the kind And quuntity of forest produce that may be cutand InkGn l "nd (c) the forest produce is cut lind lnkon In uecordan ce with conditi ons specified in tho permit , (3) Unless sooner surre ndered, revoked, or ronoWOd Under this Act , a Use Permit expires on 2 of the r ,s roup grant the ,ffiolin agreement nO~llIrca 0 f State nlMllllnn; oolloll 2 of the Co' (d) (c) (a) (b) (3)-/ . The Commission rnny on it ./ group a community forest mllnllgol11 with lhe group concerned authorll lni f ~~ fore st and manage that area in nccor~ the expiry date ~peclnod Inih"J1~iml ll or .. .: -::,:;'; ~,;;.c; .: ;: .. the end of the clliondnr :yo,nrHn' whlch the permit is ; ,~,~,:,,:;, .. ,: d , :,.!.i~'•." ,~ ,:,;\" grante - ,' :'~'~ " ~'~~'>U-c - , ~ ' ,;,-~. '<~';(;~>;-;: ;: , : (4) On application made by tho hOld" j 'IIn~Wjno before the permit ,['-j"-.. WiL'~~i: -'; expires, the Commission may renew the pormlt if " ' , , /illdliliinall thinks fit. ~~*¥>~\§}t., 'porion, living within acquiring clear and secure rights (0 sustainable basis in order to help m~ . economic development , and enhnneo '" 11. ( 1) In this section, "communlty' and having strong ties with the cornmunlty IIriU (a) a registered commttlt (b) a registered !(lo IGlff .,. ~ uperative 50c lollll' '-' -' a registered gOI Friendly Sool~ij' .., " ;-' and any otl1&r, .;?;. within tho COm (2) The purpose of this n ocl!o~l ;A~j , Cap. 36:04 Cap. 88:01 Community forest management agreement. No community forest management agreement may be granted to a A.D. 2009] (4) FORESTS 19 [No.6 group unless the Commission is satisfied that the following persons have been given a free and fair opportunity to join or otherwise participate in the affairs of that group (a) persons living in close proximity to the forest covered by the agreement; and (b) persons having strong tradi tional ties to use of that forest . (5) Unless sooner surrendered or revoked under this Act, a community forest management agreement expires on the earlier of (a) the expiry date specified in the agreement; or (b) the seco nd anniversary of its granting. Afforestation 12. The Commission. after consultation with relevant stakeholders rnay on agreement. application grant any person an afforestation agreement by entering into an agreement with the person concerned authorisingthat person to (a) plant speci fied trees and specified plants in a spec ified area of State forest; and (b) manage the planted area in accordance with a forest management plan approved by the Commission. Security bond. 13. (I ) Subject to subsection (2) , upon the grant or renewal of the Forest t J t I Authorisation, the Commission shall require the holder of any State Fo rest Authorisation (other thana community forest management agreement) (a) to execute and pay a bond as security for (i) . ' the performance and observance of the conditions of the authorisation; and (ii) : the fulfilment of any duty or obligation under this Act, including the payment of any fee, charge, levy, premiu m, fine, penalty, cos t, expense, or other monies; and (b) to make arrangements to replenish the bond from time to time if the bond or any part of it is forfeited . (2) .' The bond and arrangements referred to in subsection (1) a re mandatory w;;e-;e a concession or exploratory permit is granted or renewed, but the Commission rnay, in exceptional circumstances, waive this requirement by publicly " notifying that the waiver was granted and the Commission's reasons for granting i t. No.6] 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24 . 25. 26 . 27. 28. 29. LAWS OF GUYANA 2 PART 2 SUSTAINABLE FOREST MANAGEMENT OF STATE FORESTS Purpose of this Pa rt. Re striction of activities in State forest. Forest co ncession agreement. Grant or renewal of smaller concessions. Grant or renewa l of larger concessions. Exploratory permit. Use permi t. Community fores t management agreement. Afforestation agreement. Security bo nd. Characteristics of S tate Forest Authorisations. State Forest Authorisation to two or more persons. Transfer of State Forest Authorisation or change in effective contro l. Occupational safety and health . Suspension. amendment. and revocation of State Forest Authorisation . Amendment of State Forest Authorisation by agreement. Surrender of Sta te Forest Authorisation. Movable property brought into area of State Forest Authorisatio n. PART 3 FOREST CONSERVATION Purpose and appli cation of this Part. i Conservation and protection of State fo rests Specially protected areas. Fire prevent ion. Fire protection area. Exception for protection and management of State forest. Duty to re por t fires . Duty to put out fires . Assistance in fire or naturai..:aisaster. [AD. 2009 I No.6] LAWS OF GUYANA [A.D. 2009 20 (3) The Co mmission may forfeit a bond or nny pnrt n ]' it for failure to comply with any matter specified in subsection (1) (n) , Characteristics of State forest authorisations. 14. (I ) provided A State Forest Authorisation over nn nrcll unless otherwise (a) is subject to conditions prescribed by rO~lIll1t l (lns and any other conditions specified In tho llllth(lI'lllI llon, (b) is subject 10 any right. power, dilly, or prlvllQge of a kind specified in section 5 (2) (b ) to (Il l (c) does not give the holder e~QIU~JY' rll!hll of occupatio n over the area, unlexs olho~Mi. ;' IPOQlrted in the I I 1, I authorisation ; (aj (b) (f) (e) (d ) .J~{£~}:"~ ' ~ does not authorise the holdor IOOQQPPt 01 tllke nny forest produce from any land thnCI " 'Uf QQQUpled by any .; ,,;m J~(,; ' . other person or group of pOI ' /~~ : ", ;~.t'.: '..~\ does nol exempt the hold , ;.l nY,r l'llq\llrement to obtain any other typO fO' horli allnn , consent , ,:.If'::,' ' <~ '.~ ) permission , permit, IIconQO, or: ~l!M.lmposed by o r : 't'-~';;): ;t;;'i-tO:'~ ~ under this Act or any olho/ wrlt Wrlnd f'"#;:;.-;! ..!.;>~. ' subject to subsecllnn (~l, d " ' 1110' nnothcr Sta te '. . --:; '-1;','.".."" Forest Authorisntlon of Ad itU..9.•lng ~rnnted in. ' ~ relation to that arell. . "(2) Where a State Forest AuthOl' I.nl lon i produce in any area , no other State Forest AlIlhOill of the same or a similar kind of forest produce Il\i~li .'>' , . 15. (I) No State Forest Authorisation mAY; associated toge ther in any form of jointllrrllnae under this Act to be granted the State Fores! AU, (2) Where a State Forest Authorlslltl associated together in any form of jo int Ilrr"n~! . ~~:r severally liable for the obligations of holderA : . to any righ t of contribution that may exlAI belw , or change in effective control. .~; Transfer of State 16. ( I) If}this section, forest authorisation "appointed percentage" "1" two or more authorisation to persons. State fore st A.D . 2009] FORESTS 21 [No.6 (b) , . . ./ t'; (c) ; "change in the effective control", in rel ation to a holder. includes a change in the identity of persons having effective control of the holder; "holder" means the holder of a State forest authorisation; "person having effective control", in relation to a holder. means (a) where the holder is a body corporate, any person who has the legal or beneficial ownership, or direc t or indirect co ntrol, of shares in the capital of the holder, or of any holding company of the holder, that (i) amount to more than the appointed percentage of the issued shares of the holder or holding company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or cap ital); (ii) enable that person to exercise or co ntrol the exercise of more than the appointed percentage of the maxim um number of votes that can be exercised at a general meeting of the holder or holding company; (iii) enable that person to control the composition of the board of directors or othe r governing body ofthe holder or holding company; or (iv) entitle that person to receive more than the appointed percentage of every dividend paid on shares issued by the holder or holding company (other than shares that carr y no right to particip ate beyond a specified amount in a distribution of either profits or capital); any person with the power to determine the financial or operating policies of the holder, or (where the holder is a body corporate) any holding company of the holder; any person who is regularly or usually in charge of the business of the holder; No. 6] LAWS OF GUYANA 22 IA.D. 2009 ; ~, .~ ~ . (d) any person who regulurly dircctx Ihe staff or agents of the holder in their dlilles; (e) any perso n who estuhllxho« or oversees the procedures of the holder: Ill' (I) any person who employs llI' dlrccts II person referred to in any of pllrllQrnllhl (h ) 10 (e); "transfer" means any form of dispoNl lIU I1 (WhOlhcr hy sale or otherwise) to another person. (2) Except with the prior written consent of Ihe COmml. Mlon. no holder shall (a) engage or involve itself In fin fiul or ll llliulun thnt results or is likely to result in II chungo InJh! UN'oUlIYCcontrol of that holder; or "; .,,,}", (b) transfer or purpor t to IflIn , !'ori ,lll ""ny por,on the State '- -' : ~- "\':I' 1' i" forest authorisation held h~ ("(hold,fr ilr II ny legal o r equitable interest in thlll "Ulhl'ri ~jjon;', ~ ''''~'-- ~ -~ ", •., .. - ' (c) Enter into sub-contrnctlng OI,UU'llllln,'DffPnMomcnts. (3) Without limiting the generality of ft llhmlliln:,li,:(lijilr II holder is a :"0"' .1' - .. r··<.v, , body corporate, the holder shall not, exce l'I with Iho piT r lU.ilQunMc nt of the Commiss ion, - i~~~~)~,r ' (a) register the transfer of lIn~ e body corporate In nny porion" ~'; ~-~'. (b) enter into any agrcomonl' .o: (whether or not hllvlng l ~jn person, if this results or is likely to result in a change In Iho:' (4) If a change in the effective control tlrb'll written consent of the Commission, the holdor Ih~Jl r.·· ·· change. immediately - . ;~:.< " (a) (b) surrender "" Commission, }:. (5) On application in writing by II hold w'>, ' written consent:for the purp ose of subscct lon (2)'0 , r ' .~, - ~~ the Commissum is satisfied tbat tbe reqlliromonll P (6) A transfer or purported I"tn.~ for mfi~'· ., I ~~ and a registration made or agreement, lU' I'l lll S~m l- .}:-';1 breach of subsect ion (3), is void. Jt "-':." ! [ I I ~ I ! ! ! i ! I, l i l t I I I i I,, [ l, f I,, i t ~ A.D. 2009] FORESTS 23 [No.6 has committed an offe nce against this Act ; has breached a provision of this Act ; or is incapable of carrying out operations in accordance with the State forest authorisation, any applicable fore st management plan, or any applicab le annual operatio ns I No. 29 of 199 1 No. 2 1 of 1998 Occupational safety and health . . No. 32 of 1997 Suspension. amendment, and revocation of State forest authorisatio n. (7) A breach of subsection (2), (3), or (4) invalidates the State forest authorisation co ncerned and that State forest authorisation is deemed revoked upon the breach being committed. (8) This section (a) applies to any act, omission. or occurrence within or outside Guyana; and (b) has effect notwithstanding anything to the eontrary in any other written law (for example, the Companies Act 1991 or the Securities Industry Act 1998). 17. Every holder of a State forest authorisation shall, in carrying out activit ies under the authorisation, provide, in accordance with the Occupational Safety and Health Act 1997, for the occupational safety and health of workers involved in those activities . 18. ( I) The Commissioner may at any time suspend a State forest authorisation by giving written notice to its holder, if the Commissioner believes on reasonable grounds that the holder (a) (b) (c) plan. (2) Before suspending a State forest authorisation, the Commissioner shall give the holder (a) at least 2 weeks' written notice of the proposed suspension which period shall commence on the date of the delivery of the notice of the proposed suspension; (b) a reasonable opportunity to be heard; and (c) in the case of an authorisation in respect of an area larger than 8097 hectares, a reasonable opportunity to remedy or rectify the matter giving rise to the proposed suspension. if the matter can be remedied or rect ified . 1/ . (3) No!,.Withstanding suhsection (2), the Commissioner may immediate ly suspend a State forest authorisa tion by written notice to the hold er where the Comm issioner is satisfied that any delay might result in irreversible degradation of I or irremediable damage to the forest concerned. No.6] LAWS OF GUYANA 24 [A.D. 2009 Amendment of State forest authorisation by (4) As soon as practicable and no later than 2 months after the suspension . the Commissioner shall make a full report to the Commission of the circumstances of the suspension toget her with a recommend ation for the Co mmission, (5) As soon as practicable after considering the report. the Co mmission shall make a decision and by written notice to the holder (a) withdraw the suspension; (b) continue the suspension for a specified pOl'lod of time not exceeding one year from the date of tbut wrtuen notice; (c) amend the State forest authorisation: or (d) revoke the State forest authorisation, (6) The Commission shall, give the holder an opportuni ty to ha heard before making a decision under subsection (5) . (7) A suspension lapses on the expiry of 6 months n~or IIAoommencement unless the Commission has made and notified a decision under AlIl)loolion (5) . (8) Nothing in this section affects or limits rcmodlOA nvnllnble to the Commission in law or equity for breach of any rorcAt Q~lig8A'Alon 1I 1lreement, afforestation agree ment, or community forest management nllf@8m0!11, ;.';f~~'-- " : c ; J " • •., ,.j;;;g;;~£~;J!liil:t, 19. In addition to its powers under section 18 (5) (old Jjf.e ommIJJlon may at .:~!'~~3r,~'J.z;:. .' any time amend a State forest authorisation by wrinen ngrum@l\\wllh the holder. agreement. Surrender of Sta te forest authorisation. Movab le property brought into area of State forest authorisation. 20 . The holder of a State forest authorisatio n authorisation by giving written notice to the CommlUr~ .;,..,; ·,~~~t~ 21. ( I) The owner of any movable propal'tyj forest authorisation may remove the property fro (a) (b) (2) If any movable property remnlnsi ' . ~~ after the expjry , surrender. or revocation or ./ shall (aJ or f t I • , A.D. 2009] FORESTS 25 [No. 6 Purpose and applic ation of this Part. (b) recover the costs and expenses reasonably incurred under paragraph (a) as a civil debt due to the Commission from the owner of that property . PART 3 FOREST CONSERVATION 22. ( I) The purpose of this Part is to provide for the protection and con servation of forests. including measures to (a) conserve biological diversity; (b) protect specific trees and plants; (c) conserve soil and water resources ; and (d) protect forests against degradation, fires, pests, and diseases . having regard to Guyana' s international legal obligations. (2) Nothing in this Part applies to (a) Iwokrama Rainforest; (b) Kaieteur National Park; or (c) any other area designated as a conservation area. Conservation and protection ofState Forests Specially protected 23. (I ) The Environmental Protec tion Agency may, by puhlic notice, make an areas. order (2) shall (a) declaring a specified area of State forest to be a specia lly protected area for a specified period not exceeding 25 years; and (b) prohibiting any disturbance of the soil, vegetation, rivers, or creeks in that specially protected area. Before making an order, the Environmental Protect ion Agency ; (a) (b) ~. f publicly notify the proposed order, the reasons for making it (including environmental considerations) , a nd the locations where the documents referred to in subsection (3) may be inspected or bought; provide any other publicity that the Agency co nside rs reasonably necessary to bring the notice to the anenti o n of all persons whose interests may be affected by t he order; I [A.D. 2009 26 LAWS OF GUYA NA (c) invite written submissions from interested persons, and receive them, for not less than 10 days from the date of publication of the proposed order in the Gazerre under paragraph (a) ; (d) hold a public hearing to discuss the proposed order and receive oral or written submissions; and (e) consult the Commission on any submissions received on the proposed order. (3) The Commission shall make available for inspection at its offices, and for sale on a cost recovery basis. any documents that the Commission believes would assist the public to develop a reasonable understanding of the reasons for the proposed order. (4) No order 'may be made except with the approval of the Minister and on the advice of the Commission that the order is necessary to protect the area of State forest concerned from act ivities likely to cause damage to its so il or water resources. (5) No person shall breach an order made under this section. (6) An order under this sect ion is subjec t to negative resolution of the National Assembly. No.6] Fire prevention. 24. (I) No person shall in any State forest (a) throw down a lighted match or lighted or Inllnmmable material; or (b) do anything else likely to result in lilly !'moM produce being burnt or damaged. (2) Nothing in subsection (1) applies to (a) a forest officer acting under sccllon '6; or (b) a person complying with a directIon IIlven under that section. ( 1) J.~,;~' .:.q.6~:i;;~:; : .., The Commission may. by public notice. mnko' ~"·:iia.r~OOIIlI'iIl ~ (a) any specified area of State ror.~leAU1E;i i " ~:,t:<~,~i:,;:;\~::i'..-..o ;:., . (b) any area of forest within 1.6 kllQmttm of lhnt urea of State forest, to be a fire protection area . ,. (2) N9,~erson shall light an outdoor flre In.~~ accord ance wit{ a fire permit issued by a forest arnett ':r;'$f' (3) 1;.forest officer may issue a fire pormlt e 25 . (4) Nothing in subsection (2) nppliOB10. fit. area. Fire protection A.D. 2009] FORESTS 27 [No. 6 Exception for protection and managemen t: o f State forest. (a) a forest officer acting under section 26; or (b) a person comp lyiog with a direction given under that section. 26. A forest officer may burn or direct any person to burn any fire lines, gras s. or other inflammable material that the officer considers necessary for the better protect ion or management of any area of State forest. that the person knows or suspects is in a State forest or a fire protection area. (2) A person to whom this section app lies shall, as soon as practicable, inform or cause to be informed the nearest available forest officer or a member of Duty to report fires. 27. (I ) This section applies to any person who finds a fire burning on any land D uty to put out fires, the Guyana Police Force of the existence and location of the fire. (3) Nothing in this section applies to a fire lit under section 26. 28 . ( 1) Where a fire is burning on any land in a State forest or a fire protec tio n area . every person spec ified in subsection (2) , whether or not the person lit the fire or caused the fire to be lit, shall (a) immediately upon becoming aware of the fire, take a ll possible steps to extinguish the fire; and (b) if it appears that with the resources at his disposal he will be unable to extinguish the fire, as soon as practicable inform or cause to be informed the nearest availabl e forest officer or a member of the Guyana Police Force of the existence and location of the fire. (2) Subsection (1) refers to the following (a) the owner of the land on which the fire is burning (whe re the land is not in a State forest); (b) the occupier of the land on which the fire is burning; (c) any person who holds a State forest authorisation in respect of that land. (3) Notwithstanding that a person has complied with subsection (1) with re~pec t to giv~ inform~tion as to the existence and location of a fire. he sha ll continue to take all possible steps to extinguish the fire. (4) Nothing in this section applies to a fire lit under section 26. t No. 6J LA WS OF GUI'ANA 11\.D·2009 " Assistance in fire or natural disaster. Cap. 36:01 Protection of tree and plant species. No. 11 of 1996 2R 29. (1) A forest o fficer may require lilly pNall1l whu I. within" reasonable distance of any State forest to Ils~ i sl in (a) averting, eXilnsul.hlllS, 111' 1lI11l 1mlt.IIlS the effects of fire or any nuturnl dL~II .I Cll ' In H10 rlll''' ''I: or (b) securing uny property wu ht n tll ~ fllreHt from loss or damage from the fir. nr IIl1ll11l1 l <11.11.10r. (2) The Commission shall reeompen•• IIny p~f ""n required 10 do work under subsection (1) at a reasonable rutc til he dOI Olmlnotl hy Ih. Connnlssion. (3) Where any person required 10 11•• 1.1 \IIUI OI' ""h!~ctlon (1) susta ins bodily injury and as a result (a) is rendered teml'"rll rlly itwullilbio til work; (b) is permanently <l1.nhlod (oli itor I U I IIII ~ nr partiully); or (c) dies, the person shall be deemed to be un ill,mod 1101'. l1n lind tho Il\jury Hhnll be deemed to have been caused by an accident uri,IIlS Ilut III lind 1IIIh6 QUill" . Ill' that person's insurable employment for 'he I'uq" '"'' Ilr Ih ~ NlIll llnnl lnaurnucc and Social Security Act. General protectlo« ""d ('lIlIkert'tlllml 30. (1) On the advice of the ('I \l1\I \l 1.. lun, II" Minl.I" · llIuy hy public no tice make an order (a) declaring lilly . p.~I.. II' If.. til Illll llt uuu occurs in fores ts '" he u Ill ll t O ~lfd 111@111 l' rol t~I'd plunt; and (b) prohibit ing, ,·.,"'lvll,,», nr l'o ~l1jlllll1~ the cutting, damaging. tllkln ~, l'fl1l0vrtl, lIvllvolY, eunveyance, sale, purchase. cxpnrt n], II I nny 111h'f 1I ."lIn~ with (i) lilly l,rnl~~lld Il'i!eUf p f\Jte~ l od plllnl; or (ii) IIny burk, lenl. Iffll, frull, nllwar, lntcx, gum, or other .l1f~ lned part nr IlIblt llnce of any p rnt o~I~t1l ro O 01 prnlQ~l eY "hllli. (2) An order may exempt nny cillj; Ilr pemm" UQIIVlll oM, ,". IIII1d. (3) No person shall breach 1111 unler I1llldo under Ihlt .e~lIoll. (4) An order under this ,,'ctloll I. lubJel.WIfI n.unllv. rcaolution of the ' . NationalA ssembly. . > . / . ' ...•. (5) Nothing in this section IIrlfQl1 or.ll fAllt.~y , menl UrCM for the con servation of wildlife or bio logicul lllv~rll\~, (lfi tQH tijflfl'fl lOQllt1O or t\I1 Y a rea, adopted under or given force by the Ilnvllll!lltleOlft!' r,jll~glll1 n All t 1996 or any written law. 1 ! I I r A.D . 2009] FORESTS 29 [No .6 Forest conservation 31. (1) The Minister may by public notice make an order areas on private (a) declaring any forest on private land to be a forest land . (b) conservation area; and prohibiting, restricting, or regulating all or any of the following (i) entry into the forest conservation area; (ii) cutting, damaging, taking, or removin g any forest produce in the forest conservation area; (iii) o ther forest operatio ns in the forest co nservatio n area; (iv) exploratory operations in the forest conservatio n area; (v) clearing, cultivating, or turning of soil in the forest conservation area; (vi) grazing or pasturing of livestock in the forest conservation area; (vii) setting of fire in the forest conservation area; (viii) any other act in the forest conservation area that appears to be prejud icial to a purpose spec ified in any of paragraphs (a) to (g) of subsecti on (2). (2) No order may be made except on the advice of the Commission that the order is necessary for (a) conserving the forests of Guyana and securing the proper management of forest land; .' (b) preventing soil erosion. coastal erosion, or erosion of the banks of rivers or creeks; ; (c) (d) (e) ~. (I) (g) preventing the deposit of mud, stones, or sand in rive rs or c~eeks or on agricultural land; maintaining water supplies in springs. rivers. canals . reservoirs. aquifers, or water conservancies; minimising the risk or mitigating the impact of storm s, . winds, floods, or landslides; protecting roads, bridges, airstrips, or other infrastructure works; or preser ving human health . A.D. 200 9] FORESTS 3 [No. 6 General protection and conservation 30 . Protection of tree and plant species. 3 1. Forest conservation areas on private land. 32. Disease and pests on any land. 33. Voluntary protection of private land. I I I I I • 34. 35. 36. 37. 38. 39. 40. 4 1. 42. 43. 44 . 45. 46. 47. 48. 49. 50. 51. PART 4 FOREST OPERA TIONS AND ACTIVITIES RELATING TO FOREST PRODUCE Purpose and application of this Part. Cod e of practice for forest operations. Removal of forest produce. Imported forest produce. Building, relocation, etc of primary conversion plant. Operation of primary conversion plant. Use of premi ses as lumber yard. Bu ying forest produce for resale . Quality control of timber. Compliance with international standards. Export of forest produce. Prici ng below true market value. Permits, lic ences, and certificates under this Part. Applic ation of sections 15 to 20. PARTS FOREST INFORMATION Duties of Commission. Powers of Co mmiss ion. Duties of holders. Public access to information. PART 6 ADMINISTRATION 52. Interpretation of this Part. ~> 53 . Appointment of forest officers. No . 6] LAWS OF GUYANA [A.D. 2009 f l 30 (3) An order may exe mpt any class of persons, activi ties, or land. (4) No perso n shall breach an order made under this section. (5) An order under this secti on is subject to negative resoluti on of the National Assembly. (6) Th e State shall give the owner and the lawful occupier or nny land dec lared to be a fores t conservation area adequate com pensatio n for the dis turbanc e of their rights, including the fair value of all forest produce to which thllt o wner or occupier would, but for the order, be entitled to remove from the lund, I that under o wner or This section applies where there is a risk of diseuse, pestilence, or other (b) where that perso n cnnnul " occupier of the land i{ "~~ condition, or activity OOgUf '" ;::~ (4) The Commissio n shall ca use a gOP .j~"; ' subsection (2) to be posted in a conspicuOlll p! introduction, condition, or activity occurred. (5) Where a notice issued to n person ', ' :r' ~ complied with on the expiry of the time n\low.d~ .'->1 -•• Commission may cause any work or measure :~~r ' that is reasop'.~ly necessary and apprn prlRtt" • / - -~Y notice, includ ing entering the land concernod .lI on that land ., harm to any fore st arising from (a) an introduction of exotic species of 110rA or fnunn; or (b) a condition or activity. (2) Where this section appl ies, the Commission mny, by wrillen notice to the person specifi ed in subsection (3), direct that person t(l Qnrry out spec ified wor ks or mea sures, or take some other spec ified act ion , 10 rtver.1 Ihe Introduction, rec tify the specified condition, or stop the specified nCI\vlly, within n period of 30 days or less specifi ed in the notice. (3) Subsection (2) refers to (a) the person responsible for thO IntrriduOllllnrol'erred to in ~ -0 ~~;'~~~< subsection (1) (a), or (nMIhe ~n",.may]b. ) for creating C"'".' ••~~.:,.,~" the condition or carrylng (lU!}.! llv lWr,forrcd to in • .> .,--" subsection (1) (b) ; or "'i " 32. (I )Disease and pests on any land. A.D. 2009] FORESTS [No. 6 31 (6) The Commission may recover the costs and expenses reasonably incurred under subsection (5) as a civil debt due to the Commission from the person to whom the notice was issued . Voluntary pro tecti on of private land. 33. (I) The owner of any priva te land may request the Commission to carry out sustainable forest management activities including training in relation to forests on that land in a manner andon termsagreed between the Commission and the owner. (2) If the Commission agrees to the request. the Minister may. by public notice. make an order applying to that land any provision of th is Act that would otherwise not apply to that land. subject to any modifications agreed between the Commission and the o wner of that land. (3) This section has effect notwith standing any provision to the contrary in this Act. PART 4 FOREST OPERATlONS AND ACTIVITIES RELATING TO FOREST PRODUCE (ii) (b) " ..,", . / 34. (I) The purpose of this Part is to provide for (a) the regulation of forest operations and activities relating to forest produce; and (b) quality control of value-added forest produce . having regard to Guyana's international legal obligations. (2) Nothing in this Part applies to forest operations (a) carried out in the exercise of a right, power. duty. o r privilege (i) conferred or imposed by a licence for petroleum prospecting or production issued under the Petroleum (Exploration and Production) Act 1986; conferred or imposed by a licence for mineral prospecting or mining issued under the Minin g Act 1989; or in Kaieteur National Park. No. 200fl989 Purpose and application of this Part. No.3 of 1986 1'. I No.6] LAWS OF GUYANA 32 [A.D. 2009 Code of practice for forest operations. 35. (I) Th e Commission may at any time subm it to the Minister a pro posed code of practice to regulate any class or description of forest operations. (2) On receiving a proposed code, the Min ister shall (a) publicly notify (i) the fact that a proposed code has bee n submitted to him; 1 I (ii) the purport of the proposed code ; (iii) the locations where the documents referred to in su bsecti on (3) may be inspected or bought; (b) provide any other pub lici ty that the Minister considers reasonably neces sary to bring the matters spec ifi ed in paragraph (a) (i), (ii), and (III) to the atte ntion of all persons whose interests may be affected by the code; (c) invite and rece ive written submiss ions from interested persons for not less than 1 month from the date of publication in the Gazelle of the matters spec ifi e d in paragraph (a)(i), (ii) , and (III); (d) hold public heari ngs to d iscuss thc proposed code and receive oral submi ssions: und (e) consult the Commiss ion on subrnlss ions rece ived . (3) The Commission shall make available Ior inspection at its offices and for sa le on a cost recovery basis (a) copies of the proposed code; lind (b) any other doc uments thut the Co mmission believes would assist the public 10 develop a reaso nable understanding of the rCI\ N()n~ for the proposed code. (4) After considering all submissio ns mudc lind the views of the (b) f . (5) Commissi on , the Mini ster may (a) adopt the proposed code with or without changes: or (b) refuse to adopt the code. T he Commission (a) shall publicly notify uny udopt lon by the Mini ster of a code of practice und the iucutlons where copies o f the code may be inspected or hought: lind shall make uvailuble coples of the code for inspect ion at its offices and I'or sti le on l\ I.:osl recovery basis. (6) A code of practice A.D. 20091 FORESTS [No. 6 ·:·.:~1~~'(::~~· .,:,:: .~ ~:- . 33 (a) comes into force when its adoption is notified in the Gazette under subsection (5) (a) , unless the code expressly provide s other wise; and (b) shall, subject to this section, be regarded as subsidiary legislation for the purposes of the Interpretation and Cap. 2:0 I General Clauses Act. (7) No person shall carry out any forest operations in breach of a code of practice the adoption of which has been notified in the Ga ze tte under subsection (5) (a). (8) Every code of practice adopted under th is section is subjec t to negative resolution of the National Assembly. (9) If a code is inconsistent with a regulation or an order made under this Act, the code is, to the extent of the inconsistency, of no effect. (10) The Commissio n may at any time submit to the Minister a proposed ame ndment to any cod e of practice, and (a) subsections (2) to (4) shall apply with all neces sary modifications to the proposed amendment as if it were a proposed code of practice; and (b) if the Minister adopts the amendment, subsections (5) to (9) shall apply with all necessary modifications to the amendment as if it were a code of practice. (b) (b) , 36. (l ) Except in accordance with a remov al permit issued to him by the Commiss ion, no person shall (a) remove any forest produce from any State forest, pu blic land, Village lands, private land, or entry point into Guyana; or co nvey within Guyana any forest produce remo ved from any State forest, public land, Village lands, private land, or entry point into Guya na. (2) Subject to the regulations, the following persons are eligible to apply to the Commission for a removal permit (a) in relation to the removal of forest produce from a ny State forest , public land, Village lands, or private la nd, or the conveyance of forest produce so removed, the person entitled to take the forest produce on the land concerned or any person acting under that person's authority ; in relation to removal of forest produce from an entry point into Guyana, or the conveyance of forest prod uce so removed, the person importing the forest produce or any person acting under that person's authority. Removal of forest produce. 37. (I) The Minister may by order provide for prohibitin g absolutely the importation of forest produce or any class or description of forest produce from any country. except under the authority of an import licence granted by the Minister. (2) No person shall import into or convey within Guyana any forest pro duce that has been unlawfully obtained in or unlawfull y exported from any country. (3) In any prosecution for an offence of contravening or failing to comply with subsection (1), the defendant shall have the burden of proving th at any imported forest produce has been legally obtained in and legally exported from its country of origin. No.6] Imported forest produce. LA. WS OF GUYANA 34 [A.D. 2009 Building, relocation , 38. No person shall build, relocate , or make any extension or alteration to a etc of primary conversion plant. primary conversion plant except in accordance with a primary co nversion plant permit issued to him by the Commission. with an annual operating licence issued to him by the Commission. Operation of primary conversion plant. 39. No person shall operate a primary conversion plant except in accordance Use of premi ses as lumber yard. Buying forest produce for resale . 40. (I) In this section and section 87, "lumber yard" means any premises fro m which the business of buying, storing and selling timber is carried out. (2) No person shall (a) use any premises as a lumber yard, or permit any premises to be used as a lumber yard; or (b) operate a lumber yard on any premises, or permit the operation of a lumber yard on any premises, except in accordance with a lumber yard licence issued to him by the Commiss ion in respect of those premises. 41. (I) No person shall carryon the business of buying forest produce for resale excep t in accord ance with a forest produce dealer's licence issued to him by the Commission. (2) Subsection (1) docs not apply to a person carrying on the business .,\" , solely or .pflncipally from premises covered by a lumber yard licence held by that person. A.D. 2009] FORESTS 35 [No. 6 Quality co ntro l of timb er. No. 11 of 1984 Compliance with international standards. Ex port of forest prod uce. No. 11 ofl984 42 . (1) No person shall sell any timber unless the timber has bee n graded and marked in accordance with guidelines made by the Commiss ion in accordance with subsect ion (2) . (2) The Commission may make guidelines concerning the grading <J1ll1 marking of timb er by publicly notifying (a) the fact that the Commission has made those guidel ines; (b) the purport of those guideli nes; and (e) the locations where copies of those guidelines may be inspected or bought. (3) The Commission shall make copi es of any guidel ines made under thl. section available for inspect ion at its offices and for sale on a cost recovery bas is. (4) Guidelines mad e under this section (a) may require any matter or thing to be approved by or 10 the sat isfaction of a speci fied person or body; (b) may leave any matter or thing to be from time to time determined, applied , dispensed with, or regulated by II specified person or body; and (e) may exempt any class of persons, activit ies. or 1'1Ill! in accordance with the regulations. (5) The Co mmission may issue timber-mar keting certificates upon tho inspection of any timber for the purpose of giving an assurance that. at the lime uf inspection, the timber was of the ex act speci fication o r quality shown on the certificate. (6) If there is any inconsistency between this section and the Gu ynuu, National Bureau of Standard s Act 1984, that Act prevails. 43. (I) No person shall withi n or outs ide Guyana certi fy any forest produce '" co mplying with any internat ional standard for the purposes of export fro m GUYU IIIl unless the Guyana National Bureau of Standards has accredited that person to do this. (2) Before making a dec ision to accredit or refuse to accredi t any person for the purpose of subsection (1), the Guyana Nat ional Bureau of Standards s hnl! consult the Commission. 44. (I) No person shall export or enter for export any forest produce exce pt ill . accordance/with an export certifica te issued to him by the Commi ssion . (2) .No export certificate may be issued for any forest produce unless the produce conforms to any applicable standard established unde r the Guyunu National Bureau of Standards Act 1984. (3) No export certificate may be 1"lIed fur I1 lly I""'ost produce if the produce has been taken, removed, conveyed, ur oth.rwlMe deilit wilh in breach of this Act. No. 6] LA WS OF GUYANA 36 [A.D. 2009 Pricing below true market value. 45. (I) In this section, "true market VI1I I1"" mnllllMIhe price published in the Ga zette by a prescribed body, or if 110 hody 1MInnMerlhatl, the Forest Products Developing and Marketing Counci l or uny Jl m:t,·.,,,11l1' "¥DIWY. u" the market price for specified kinds, grades, and classes Ill' I't"'eMI pl'odlwQUpOl'led from Guyana. (2) No person shall (a) sell any foreNI pl'llduco (m ,~pmt from Guyana at a price thlll is bcluw 11M Irul 111111'kgl value, or (b) ascribe II prlcc below IfIlg I11l1 l'kel value to fore st produce exported 1'1'11111 C!llyt\lH\. (3) The prescribed body (or li N Ihn CllMO I11l1 Y h., the Forest Products Developing and Marketing Council) Ill' li lly X II~c~xxl1 l' lIMgn~y , hall consult the Commission before Gazetting any market pl'i ~n l\1 r Ihe puri'II!C' of subsection (1) . Permits. licences , 46 . A permit, licence, or ccrti flrnte IMMII.d hy Ih, COl11 ml"llln under this and certificates under this Part. Application of sections 15 to 20. Part (a) is subjcc: 10 I'omlltlt!ll! proxvrlhod by regulation and any nther comllllol1! Ihnl Ih, COI11 I11 I" lon specifie s in the permit, Ilcel",q, nr ~e r l l n\l tllf l (b) dues nut oxemlll Ihf holder /'rOI11 lIny requirement to obtuin uny uther Iype nf "lIlhOrlxl1llon, conse nt, pcrrnisslun, Iwmll, Ii ~OIlQ', ur vortinuli le Imposed by or under thl. Act ur lilly ulhn wrill'" I"w; lind (c) may he renowed by th, l;nmml", lun In nceordance with the rcgulathms , 47. (I) Subject to subscctlons (2) lind (~) , .P~"OI1' 18 10 20 upply with all necessary modifications to a permit, lI~onQe, III V,lI lnQft lO 1!!1I0d under Ihis Part, and 10 its holder, as if the permit, IicoIICI!, III Q'fllnU ll lo woro a State fo rest authorisation. (2) Nothing io subsection (I) (t'), (2) (p), (~), or (Hlurfocllll" 18 app lies 10 a permit, licence, or certificutc 1..ucd 1111110r Ihll l'IIPI , • ,; '. " :n', ;~ " . (3l ' ,Notwithstanding section IH(7), Ihe IU8P0 l181011 '\lt n po[lI1l1 , Iicenee , or eertifieare'issued under Ihis Pur l IU pMO' Oil thee,piiy'ii'ldmuni!IM nller the dat e of commencemeI)tof the suspension 1111 1,,", tho CllmmlJllonhnillmde li nd notified a i', . ; ' :." .,; >\ " decision 10 the holder under sect ion IH( ~), A.D. 2009] FORESTS 37 [No. 6 (4) Subsection (3) shall only apply where there is justification for the lapse of four months, otherwise the Commiss ion is obliged to notify its deci sion to the holder at the earliest date after the date of the commencement of the suspension. PARTS FOREST INFORMATION (a) (b) Duties of Commission. 48. The Commission shall cause State forests to be inspected from time to time for the purpose of monitoring compliance with this Act; keep any public registers of (i) applications made to the Commission; (ii) the Commission' s decisions on these applications; (iii) State forest authorisations, permits, licences, and certificates granted or issued under t his Act; (iv) enforcement actions taken; and (v) any other matter, required to be kept by regulations; and (c) on request, provide any person with any information in its possession that it is authorised or required to disclo se under this Act or any other written law. > (c) / ( , t Powers of Comm ission. 49 . For the purposes of this Act , the Commission may do all or any of the following (a) by written notice require any person to furnish to the Commission any information reasonably co nsidered to be necessary for the exercise or performance of any function conferred or imposed on the Commiss ion or the Commissioner by this Act; (b) convene a hearing or inquiry for the purpose of gathering information to reso lve any dispute relating to a State forest authorisation , permit, licence, or certificate granted or issued under this Act; by written notice require the holder of a State forest authorisation, permit, licence , or certificate granted or issued under this Act, to bring specified matters to t he notice of the Commission. 50. ( I) The holder of a State forest authorisation, permit, licence, or certificate granted or issued under this Act shall (a) keep the books, records, registers, and other documents required to be kept by regulations; and (b) allow any forest officer to inspect any of these documents at any time during workinghours. (2) The Commissioner may at any time require the holder to send to the Commission, in any form specified by the Commissioner (including in the form of electronic records), copies of any document required to be kept. (3) For the purpose of investigating an offence or a suspected offence against this Act , a forest officer may at any time take possession of, copy, or otherwise reproduce any book, record, register. or other document required to be kept. No.6] Duties of holders. LAWS OF GUYANA 38 [A.D. 2009 information held by the Commission. (2) The request shall specify with due particularity the information requested. (3) On receipt of the request, the Commission shall, as soon as practicable. and in any event no later than 45 days after receiving that request (a) make available to the applicant all information requested except (i) any information obtained in commercial confidence, or o ther commercially sensitive information; and Public access to information. 5 1. (I) Any person may make a written request to the Commissio n for any (ii) any information the disclosure of which is likely to prejud ice the security of Guyana; and (b) where any information is withheld under subparagraph (i) or (i i) of pnrngraph (a) , notify the applicant in writing of the Commissio n's reasons for withholding the information. (4) The Commission may impose a reasonable charge for making the information requested available to the applicunt (for example a charge equiva lent to the photocopying costs incurred). ~. A.D. 20091 FORESTS [No.6 39 PART 6 ADMINISTRAn ON any document; any forest produce or livestock; any baggage, package, parcel, machinery or other equipment. tools or other implements; (b) In this Part, "seizable thing" means any thing (a) that has been taken, removed, conveyed , or obtained in breach of this Act ; that has been used in offending against this Act ; or (c) that is evidence of an offence against this Act; "th ing" includes (a) (b) (c) Interpretation of this 52. Part. (d) any tent; (e) any vehicle; "vehicle" (a) means any conveyance for transporting people or goods, whether or not constructed or adapted for use on land; and (b) without limiting subp aragraph (a), includes any horse cart , donkey cart, steam engine. steam roller. vesse l , or aircraft" , Appointment of forest office rs . 53. (1) The Commissioner may from time to time appoint any person to be a forest officer. (2) (3) A forest officer shall be appointed either (a) for a purpose of th is Act specified in the forest officer' s instrument of appoi ntment; or (b) for the general purposes of this Act . A forest officer shall be appointed either (a) for a particular area of Guyana specified in the forest officer's instrument of appo intment ; or (4) (b) to act generally throughout Guyana. A person appointed as a forest officer I No.6) 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. LAWS OF GUYANA 4 Powers ofForest Officers Entry for monitoring or survey purposes. Entry on reasonable suspicion. Warraot to enter dwelling-house. Stopping and detaining vehicle. Seizure of things. Sa le where seized thin g subject to deca y. Return of se ized things . Power to require answers and production of permit. licence, certificate. Ord ers to desi st or to supply information. General power to give directions. Power to co-opt assistants. Co mplaints against forest officers. [A.D. 2009 Offences and Penalties 66 . Obstructing Commission or forest officer. 67. Compliance with con ditions. 68. Offences . 69. Prosecut ions. 70 . Penalties. 7 1. Offe nces may be co mpounded. PART 7 MISCELLANEOUS 72. 73. 74. 75. 76. 77. 78 . 79. 80. 81. 82. 83. Licence for forest produce on public land. Ownersh ip of forest produce. Interest and recovery of sums due. No right to authorisation. permit, etc. Exemptions. Protection of persons acting under authority of Act. Relations hip with Environmental Protection Act. Relati onship with other author ising)egislation. Regulations 'to prescribe~~s . charges, levies. Other regulations. Consequential amendments. Repeals. (a) who has committed an offence under this Act may at any time, after being afforded natural justice, be removed from office in accordance with the Guyana Forestry Commission Human Resource Manual o f Procedure 2008; (b) may resign bis office by givmg written notice to the Commissioner;and (c) shall on remova l from offi ce or resignation, surrende r to the Commissioner that officer's instrument of appointment. (5) The Commissioner is by virtue of his office deemed to be a forest officer appointed under th is section to act generally throughout Guyana for the general purposes of th is Act, but su bsection (4) does not app ly to the Commissio ner. No.6] LAWS OF GUYANA 40 [A.D. 2009 Powers of Forest Officers Entry for monitoring 54. ( 1) For the purposes of mon itoring compliance with this Ac t, a forest or survey purposes . officer may, without warrant. during business hours (a) enter, inspect, and search any premises speci fied in subsection (2); (b) inspect and search any thing in or on those premises ; (c) take or make copies of. or extracts from. any document found in or on thosepremises; (d) take any samples or measurements In or on those premises. (2) Su bsection (1) refers to (a) premises within a State forest: or (b) premises in or on which lin net is or has been carried out for which a permit . licence, or certificate is requi red under this Act. (3) Any officer of the Guyana Lands und Surveys Commission, d uly authorised, may enter, survey, demarcate, nnd mukc II mup of any area of State forest during business hours. ,,' ~. Entry on reasonable 55. (I ) Tbis section applies where a Inrest nfflccr reusonnbly suspects suspicion. j . (a) that an offence II SlIlnS! Ihls Act hns becn or is be ing committed in or on lilly premixe«; or A.D. 2009] FORESTS [No. 6 41 with the consent of the occupier; or where authorised by a warrant issued under section 5 6. (d) (b) a sei zable thing is in or o n any premises. (2) Where this section applies, the forest officer may, without warrant. at any reasonabl e time (within or outside business hours) (a) enter, inspect, and search those premises; (b) inspect and search any thing in or on those premises; (e) take or make copies of, or extracts from, any document found in or on those premises; take any samples or measurements in or on those premises. (3) Notwithstanding subsection (2), a forest officer shall not ente r a dwellin g-house except (a) (b) Warrant to enter dwelli ng-house. 56. A magistrate having jurisdiction over the relevant area, who. on the written application of a forest officer made on oath. is satisfied that there is reasonable ground for believing that a seizable thing is in or on a dwelling-house specified in the application may issue to the forest officer. unconditionally or subject to conditions, a warrant in the prescribed form authorising that forest officer to enter that dwelling-house on one occasion within 14 days of the issue of the warrant. Stopping and detaining vehicle. 57. Where a forest officer reasonably suspects that a vehicle is a seizab le thing, or that there is in or on the vehicle a seizable thing, the forest officer may at any time without warrant (a) stop the vehicle; (b) detain that vehicle, either at the place where it is stopped or at any other place; (c) enter, inspect, and search that vehicle; (d) take or make copies of, or extracts from, any docum ent found in or on that vehicle; (e) take any samples or measurements in or on that vehic le. Seizure of things. "58. (1) ,(~orest officer exercising powers under section 54, 55, or 57 m ay, without warrant, seize any thing that the officer reasonab ly suspects is a seiza ble thing. ' No.6] LAWS OF GUYANA 42 [A.D. 2009 Sale where sei zed thing subjec t to decay. (2) The officer (a) shall place on the thing seize d a mark indicating that it has been seized; and (b) shall report the seizure to the Co mmissioner as soon as practicable but not later than 72 hours; (c) shall not alter or dispose of the thing unless authorised to do so by the Commissioner. (3) Except as provided in subsections (4) and (5), all things seized under this section shall be inventorised, taken to and detained at a secure place determined by the Commissioner. (4) A forest officer may, with the consent of any person, give that person cus tody of a thing seized under this section. (5) Every person given custody under subsection (4) (a) shall hold the thing in safekeeping, free of charge and In accordance with any reasonable conditions imposed by the forest officer; (b) shall, if directed by a forest officer , make the thing avai lable to, or give that thing to the custody of. that office r; and (c) shall not alter or dispose of the thing , unless authorised to do so by the Commissioner. (6) If a person contravenes or fails to comp ly with subsection (5) , a forest officer may reseize the thing concerned and this section shall apply to a reseized thing as if that thing had been seized under subsection (1). (7) No person shall, without lawful justification, remove any thing seized or detained under this section from premises where it is luwfully kept. (8) Without limiting the genera lity of scctlon 77, no action may be tak en against the Commission or any forest officer for the loss or deterioration of any thing seized or detained in good faith in the exercise of powers conferred by this section . (9) Any Forest officer who vexatiously unci unnecessarily seizes any property on pretence of seizing property liable to forfeiture under this Act may be subject to disciplinary action in accorda nce with the Ouyunu Forestry Commissio n Human Resources Manual 2008 or be liable on summary conviction to a fine and imprisonmcryt of up to six months. 59. (1) .1r the Commissioner believes thut uny thing seized under section 58 is subject t'l,speed)' and natural decay, the Commissioner mny sell that thing. A.D. 2009 ] FORESTS 43 [No.6 r,, Return of seized things. Power to require answers and production of permit, licence, certificate . Orders to desist or to supply information. (2) The Commission shall hold the proceeds of any sale under subsection (1) in trust pending the completion of any proceedings for an offence against this Act involving that thing. 60. (I) The Commission shall return any thing seized under section 58, or, if that thing has been sold under section 59, the proceeds of that sale, to the person from whom that thing was seized, if Cal no proceedings for an offence against this Act in respect of which that thing was seized have been commenced within 3 months of the seizure; or (b) proceedings have been brought and completed but (i) every person charged has been acquitted; or (ii) no Court order to forfeit that thing has been made under this Act or any other written law. (2) Where anything is forfeited, the Commission may retain or dispose o f it in such manner as the Commission thinks fit. 61. (1) Any forest officer may (a) require any person who appears about to carry out, is carrying out, or is reasonably suspected of havin g carried out (i) an act of a kind specified in section 5 (1); or (ii) any act for which a permit, licence, or certificate is required under this Act, to produce any State forest authorisation, permit, licence. certificate. or other document that confers or imposes on him the right, power, duty. or privilege to carryout that act; and (b) require a person described in paragraph (a) , or any person found in possession of forest produce in a Slate forest, to answer questions and make a signed statement as to the truthofthat person's answers. (2) Nothing in this section shall be construed as to require any person to answer any question tending to incriminate himself. 62. (1) Forthe purpose of enforcing this Act, a forest officer who reasonably suspects thW~y person is offending or has committed an offence against this Act may order th-;'t person (~) to forthwith desist from offending; (b) to supply to that forest otllccr the nume hy which that person is commonly known lind the person's famil y name or surname. dille Il l' hlnh. nctuul place of residence. and occuput lun , (2) If the forest officer reasonab ly suspects Ihnl nny 01' the details supplied under subsection (1) (b) are false or misleading. Ihnl oflleer mny orde r that person to supply to that office r such verification 01' Ihose d"lnllH ns II Is reasonable in the circumstances to require the person to provide. No.6] LAWS OF GUYANA 44 [A.D. 2009 I· I, j .~ I I i I General power to give directions. Power to co-opt assistants. Complaints agai nst forest officers. 63. A forest officer may give to any person lill y d il·el.'lI o l1~ reasonably necessary for the exercise of the officer's powers under thl:'C At'l , 64. (1) When it is necessary to do so. II Ii" esl ol'flc"r mny employ any person or requestany person to assist the fores t officer In l'lxol'clltl ni;l. uny power conferred on that forest officer by th is Act. (2) A person employed or reques ted 10 IIH HI HI II I'oresl o lflccr has the same powers as that forest officer while thai perso n I, under the lmmcdiutc di rection and control of that forest officer. 65. (1) Any person may lodge an ornl or n written complaint with th e Commissioner if the person believes that n ft,rC1'llllflll.'cr INW-lility of misconduct o r neglect of duty in the exercise, or alleged exercise. Ill' 1\ power co nferred on forest officers by this Act. (2) Every such co mplaint sha ll coruuln delnil, 01' the nllcgcd miscond uct or neglect of duty and the Commissio ner rnuy, in order 10 "' II,l'y himse lf as to th e nature of the complaint, require further pnrticulnrs trum the complainant. (3) The Commissioner shall. after rec"lvln~ n complai nt made in accordance with this section and further pnrticulnrs (I I' nny). • (a) notify the forest IIITil..cr who is the subject of the complaint;and (b) appoint an invcstigutur III lnvc stlgntc the complaint in accordance with this I'le t'lI nn, / (4) The investigator shall (a) notify the forest officer or the lnvesrlgntlon ; and (b) after making inquiries lind obtnln lng the informati on the investigator considers neccxsury In the circumstance s , make a report to the Commissioner with recommendations l\S to whether or not the cornplaint " I shou ld be upheld in whole or pnrt. (5) " The Commissioner shall, afte r receiving the invcstlgutor's report and after giving the forest officer concerned theopporlunlly to comment on it, A.D . 2009) FORESTS 45 [No.6 (a) decide whether or not the complaint should be upheld in whole or in part ; (b) notify the forest officer and the complainant of the Commiss ioner's deci sion; and (c) if appropriate, take disciplinary or any other actio n against the forest officer . (6) Nothing in this section requires the Commissioner to investigate. or appoint an investigator to investigate, any complaint that the Commissioner co nsiders frivolous or vexatious. Offences and Penalties (f) (e) (d) Obstructing Commission or forest officer. 66. ( I) No person shall (a) assault, resist, obs truct, or use threatening language or behave in a threatening manner towards, (i) a forest officer exercising or performing a function conferred or imposed under this Act; or (ii) any person assisting a forest officer; (b) fail 10 comply with any requi rement, direction, or order lawfully made, given, or issued under this Act by a forest officer or theCommission; (c) in circumstances where the person is required to provide any statement. return. or other information to a forest officer or the Com mission , wilfully withhold relevant information; provide to a forest officer or the Commission any statement. return, or other information that is false or misleading in any material respect; personate or falsely claim to be a forest officer, a person assisting a forest officer, or a representative of the Co mmission; bei ng a forest officer , directl y or indirectly take a bribe, gratuity, recompense, or reward, or make an arrangement with any person , (i) to neglect or omit to exercise or perform a ny function conferred on forest officers by t his Act; or • (ii) to do, conceal, or connive at anything by which the provisions of this Act may be evaded; or No. 6] LAWS OF GUYANA 46 [A.D. 2009 L I I-I. Compliance with conditions. Offences. (g) directly or indirectly give or offer to a forest officer any bribe, gratuity, recompense, or reward, or make an arrangement with the officer to induce that officer to do anything specified in subparagraph (I) or (ii) of paragraph (0 . (2) Every persou who refuses to allow a forest officer, or any person assisting the officer. to exercise or perform any function conferred or imposed under this Act shall be deemed to be obstructing the forest officer within the meaning of suhsection (1) (a) (i). (3) A forest officer may arrest without warran t any person whom he reasonabl y suspects has committed an offence under this Act and who such o fficer has good reason to believe will abscond. 67. The holder of a State forest authorisation, permit, licence, or certificate granted or issued under this Act shall comply with every condition of the authorisation, permit. licen ce , or certificate. 68. Every person commits an offe nce who (a) contravenes or fails to comply with any of the following provisions (i) section 27 (2) (duty to report fires); (ii) section 28 (1) or (3) (duty to put out fires); (iii) section 38 (building, relocation, etc of primar y co nversion plant); (iv) section 39 (operation of primary conversio n I I (b) plant); (v) sect ion 40 (2) (use of premises as lumber yard); (vi) section 41 (1) (buying forest produce for resale); (vii) seclion 42 (1) (quality control of timber); (viii) section 43 (1) (compliance with internationa l standards); (ix) section 66 (1) (b), (c), or (d) (obstructing Commiss ion or forest office r); contravenes or fails to comply with any of the followin g provisions (i) section 17 (occupational safety and health); I A.D. 20091 FORESTS 47 [No.6 Prosecutions. Cap. 10:02 (ii) section 23 (5) (specially protected areas); (iii) section 24 (1) (fire prevention); (iv) section 25 (2) (fire protection area) ; (v) section 30 (3) (protection of tree and plant species); (vi) section 31 (4) (forest conservation areas on private land); (vii) section 35 (7) (code of practice for forest operations); (viii) section 44 (1 ) (export of forest produce); (ix) section 45 (2) (pricing below true market value); (x) section 50 (1) (duties of holders); (xi) section 67 (compliance with conditi ons); or (c) contravenes or fails to comp ly with any of the following provisions (i) section 5 (1) (restriction of activities in State forest); (ii) section 8 (2) (grant or renewal of larger concessions); (iii) section 10 (2) (use permit); (iv) section 16 (2), (3), or (4) (transfer of State forest authorisation or change in effecti ve control); (v) section 36 (1) (removal of forest produce); (vi) section 37 (2) (imported forest produce); (vii) section 58 (5). (7) or (9) (power to seize); (viii) section 66 (1) (a), (e), (0, or (g) (obstructing Conunission or forest officer) . 69. (1) The Commissioner or any person authori sed by the Commissioner m ay commence proceedings for any offence against this Act. (2) Proceedings for an offence against this Act may be brought summarily. or by indictment. at the election of the person bringing those proceedings. (3) Where proceedings are brought summarily. the co mplaint in respect of the offence mar. be laid at any time within 6 months after the time when the matter of the co mplaint arose. ' ~/ (4) In any proceedings for an offence against this Act it is not necessary for the prosecution to prove that the defendant intended to commit the offence., No, 6] LAWS OF GUYANA 48 [A,D, 2009 Penalties. 70, (I) Every person who commits an offence against section 68 (a) is liable on co nviction Schedule I Schedule 1 (2) (a) in the case of an individual, to the penalties specifi ed for a Class I offence in Sched ule 1; and (b) in the case nf a body corpo rate, to 10 times the fine specified for a Class 1 offence in Schedule 1. Every person whn commits an offence against sec tion 68 (b) is liable on conviction (a) Schedule 1 Schedule 1 (3) in the case of an individual, to the penalties specified for a Class 2 offence in Schedule 1; and (b) in the case of a body corporate, to 10 times the fine specified for a Class 2 offence in Schedule 1. Every person who commits an offence against section 68 (c) is liable (a) Schedule 1 Schedule 1 Schedule 1 Offences may be compounded, on conviction in the case of an individual, to the penalties specifi ed for a Class 3 offence in Schedule 1; and (b) in the case of a body corporate, to 10 times the fine specified for a Class 3 offence in Schedule 1. (4) Each fine in Schedule 1 is subject to increases and reduction s in accordance with that schedule. (5) A court convicting a person of an offence against this Act may . in addition to any other penalty that may be imposed under this Act , make either or both of the following orders (a) an order to forfeit to the State any thing used in the commission of the offence or taken, remo ved, conveyed, or obtained as a result of the offence being committed; (b) an order for the person convicted to pay the costs and expenses of any seizure or detention of a seizable thing in connection with the offence under thi s Act. (6) This section has effect regardless whether the conviction is obta ined summarily or by indictment. ~. 7 J. (I ) Notwithstanding sections 68 a nd 70 , where the Com mission has reaso nable grounds to believ e that a person has committed an offence against this Act.ttbe Commission may, by agreement in a prescribed form with the person. A.D,2009J FORESTS 49 [No. 6 compound the act or omission constituting the offence upon payment to the Commi ssion of a sum of money specified in the agreement. (2) The Commission shall not compound any act or omission unless it is satisfied that (a) the offen ce concerned is trivial or minor; and (b) the person concerned has not prev iously committed another offence of a similar nature in Guyan a. PART 7 MISCELLANEOUS Licen ce for forest 72. (I) In this section, "Minister" means the Mini ster responsible for Sta te produce on publi c land. Ownership of forest produce. lands. (2) With the approval of the Minister, the Commission may grant any person a licence to (a) cut and take any forest produce found on any area of unallocated public land outside State forests ; and (b) occupy that land for this purpose. (3) Subject to subsections (4) to (6), sections 14 to 21 apply with all necessary modifications to a licence granted under this section, and its holder. as if the licence were a State forest authorisation. (4) Nothing in subsection (8) of section 18 applies to a licence granted under this section. (5) No licence granted under this section may be suspended or revoked without the Minister's consent. (6) The Commission may renew a licence granted under this section on any conditions it thinks fit, in accord ance with any regulations. 73 ; (I ) All forest produce on, or originating from, public land is the property of the State until the rights to the forest produce have been specifically disposed of in accordance with thiS Act or any other written law. (2) Any timber found adrift, beached , stranded, or sunk, or marked or grad ed otherwise than in accordance with this Act is deemed to be the property of / the State until the contrary is proved . • A.D. 2009 ] FORESTS 5 [No.6 84. Savings relating to declaration of State forest. 85. Savings relating to regulations under repealed enactme nts. 86. Transitional provisions relating to permits etc. under repealed Acts. 87. Transitional provisions relating to lumber yards. 88. Transitional provisions relating to leases. licences , permissions underState Lands Act. 89. Transitional and savings provisions relating to forest officers. 90. Savings relating to references to former Act. 91. Application to the State. SCHEDULE I SCHEDULE 2 SCHEDULE 3 Pe nalties for Offences Consequential Amendments Repea led Acts t ', \ No.6] LAWS OF GUYANA 50 [A.D. 2009 Interest and recovery of sums due. 74. (1) Where any fee, charge, levy, premium, fine, penalty, cost, expense, bond. or other monies payable to the Commi ssion under this Act or any agreement made under th is Act remains unpaid after the date on which payment is due, the Commission may (a) charge interest on the whole or any part of the unpaid sum for the whole or any part of the period between the date on which the payment was due and the date that payment is recei ved; and (b) recover the unpaid sum and any interest charged on it as a civil debt due to the Commission by the person liable to pay it. (2) Any interest charged shall be at a rate fixed by the Minister by publi c notic e. No right to 75. Where circumstances so dicta te the Co mmission is not obliged to grant. authorisation, permit, etc. Exemptions. Protection of persons acting under authority of Act. issue, or renew any State forest authorisat ion or any permit. licence . or certificate under this Act . 76. (1) On the recommendation of the Commission, the Minister may, by public notice, make an order exempting any class of persons. activities, or land, from any of the provis ions o f this Act. (2) . An order under subsection (1) is subject to affirmative resolution o f the Nat ional Assembly. (3) Nothing in this section affects or limits any power to make exemptions conferred by any other provision of this Act . 77. No person who does any act or omits to do any act (a) in pursuance of any function co nferred or imposed by or under this Act ; or (b) in co mpliance with a requirement , direction, or o rder made. given. or issued under this A ct , shall be under any civil or criminal liabili ty in respect o f that act or omiss ion.-. unless tli6:person has acted or omitted to act in bad faith or without reasonable / cause. ,. L i A.D.2009 J FORESTS 51 [No. 6 Relationship with Environmental Protection Act. No. 11 of 1996 Relationship with other authorising legislation. 78 . Subject to section 79. nothing in this Act affects or limits the applicat ion of the Environmental Protection Act 1996. 79 . (I) Notwithstanding any provision in any written law to the contrary. no person (o ther than the Co mmission) may issue or grant to any other person a lea se, licence , permission, permit. consent, or other authorisation involving, authorisi ng, or likely to involve or authorise any activity of a kind specified in section 5 (1). except after consultation with the Commission. (2) For the avoidance of doubt, the reference to a licence in subsection (1) includes No.3 of 1986 No. 20 of 1989 (a) (b) a licence for petrol eum prospecting or production und er the Petroleum (Exploration and Prod uction) Act 1986 ; a licence for mineral prospect ing or mining under the Mining Act 1989. Regulations to prescribe fee s, charges. levies. 80. (I ) Subject to negative resolution of the National Assembly, the Minister may make regulations to impose all or any of the following (a) a fee payable in respect of any application made und er this Act ; (b) a fee payable for the grant or renewal of any State fore st authorisation. permit, licence. or certificate under this Act ; (c) an annual management fee payable by the holder of a ny exploratory permit, concession, or use permit; (d) a charge payable by the holder of any State fore st authorisation on forest produce taken under t he authorisation ; (e) an annual charge payable by the holder of a ny concession on farest produce standing in the concessi on area; (I) (g) a levy to encourage sustainable . forest management payable by the holder of any removal permit on fore st produce removed from State forests; a levy to encourage sustainable forest manageme nt payable by the exporter on forest produce export ed from Guyana. No.6] LAWS OF GUYANA 52 [A.D . 2009 [ f . I" (d) , " . ./ (e) f I No. 19 of 1998 Other regulations. (2) The regulations may prescribe (a) the method of calculating or assess ing the fee, charge, or levy; (b) the manner in which the fee, charge, or levy shall be paid. including the use of inflation rates; (c) the currency in which the fee, charge, or levy shall be paid; (d) different fees, charges, or levies applicable in respect of different classes of documents created under section 81 (I ) (a) . (3) All charges imposed under subsection (I )(d) shall be paid into the Consolidated Fund , but all other monies payable under the regulations shall he paid into the generalrevenues of the Commission. (4) Regulations made under sub section (2) (c) shall have effec t notwithstanding any provision to the contrary in the Bank of Guyana Act 1998. (5) The Commission is not liable to refund a fee paid in respect of an application under this Act even if the application is refused. (6) No regulation may be made under thi s section except on th e recommendation of the Commission. 81. ( I) Subjectto negative resolution of the National Assembly, the Ministe r may make regulations for all or any of the following purposes (a) creating different classes of exploratory permit s , concessions. use permits. afforestation agreements , community forest management agreements, removal permits, primary conversion plant permits, annual operating licences. lumber yard licences , forest produc e dealer's licences, or export certificates for any purpos e connected to this Act; (b) specifying the form and content of any application, notice, State forest authorisation, permit, licence , certificate, or other document required or authorised b y or under this Act; (c) specifying the manner of making any application o r granting or issuing any notice , State forest authorisation, permit, licence , certificate, or othe r document required or authorised by or under this Act ; specifying criteria to be co nsidered by the Commissio n in determining any application under this Act; specifying qualifications for, find other restrictions 0 rr, the granting or issuing of any'State forest authorisation, permit, licence, or certificate under this Ac t; A.D. 2009] FORESTS 53 [No.6 (I) (p) ~i~ . ./ prescribing co nditions of any State forest authorisation, permit, licence, or certificate granted or issued under this Act; (g) regulating the amendment, transfer, renewal, suspension, or revocation of any State forest authorisation, permit , licence, or certificate granted or issued under this Act; (h) providing for the preparation and imple mentation of (i) management plans in respect of specially protected areas declared under section 23 ; (ii) fire protection plans In respec t of fire protection areas; (iii) management programmes in respect o f tree s or plan ts protected under sec tion 30 ; (i) requiring the owner, occ upier, or holder of a State forest authorisation in respect of any land within a fire protection area to carry out any requirement of a fire protection plan in respec t of that area; (j) regulating the measurement of forest produce for the purposes of this Act; (k) prescribing offences in respect of the contravention of or non-compliance with any regulation made under this Act; (I ) prescribing penal ties that may be imposed on co nvictio n for an offence prescribed under para graph (k), not exceedin g the penalties speci fied in section 7 0 (2); (m) requiring the holder of a Sta te forest authorisatio n, permi t. licence, or certificate granted or issued under this Act , to keep books , records, registers, and other documents. and to make reports or returns to the Commission or the Commissioner; (n) giving effec t to, or enabling the exerc ise of any right in connection with, any of Guyana's international leg al obligations; (0) requiring the Commission or the Commissione r to d o anything for the purposes of this Act; providing for any other matters necessary for giving fL1ll effect to the provisions of this Act and for the d L1C administration of these prov isio ns. No.6] LAWS OF GUYANA 54 [A,D,2009 Conseque ntia l amendments. Schedule 2 Cap. 62:03 (2) Notwithstanding subsect ion (1) (I) , rcgulntinns II1 l1de under subsection (1) may prescribe, in respect of the conviction of nny PCI'I>:O!1 fur II Il offence prescribed in the regulations and resulting in a waste of l'ol't' IHproduce, udditional penalties that may be imposed not exceeding 10 times tho 1I~~rc~lIle charges and levies that would have been payable in respect of the foresl produce wasted . if that forest prod uce had been taken or removed, ins tead of wasted. (3) Regulations made under this section or section HO (a) may require any matter or thing to he approved by or to the satis faction of a specified person: (b) may leave any matter or Ihing 10 he 1'1'0 111 lime 10 lime determined, applied, disp ensed with, or regulated by a specified person; (c) may incorporate, adopt, or upply, wllh or without modification, all or any purt of' lilly o ther document prepared or issued by any body or nuthorlty: (d) may make exemptions for uny c1 n" of persons, activities , or land; (e) may make different provisions In respect of different classes of persons , activities. lnnd , document», or oth er things, includin g different prnvtxiun In respec t of the different cla sses of documenuukm creutcd und er subsection (1) (a) . 82. (1) The Acts and subsidiary legislation spec ified In SdlCdllle 2 are amended in the manner indicated in that schedu le . (2) The Public Lands (Private Rouds jrWood Cu t tl n ~ ) I<e~ulallons may be amended as if the amendments to those regulations luul ht'lon Illude hy regulation and not by subsection (1). I I made under the former Act declaring an urcu of lund h I be II Slutc forest and in force immediately before the commencement " I' Ihl' Act .l1n ll he deemed to have been made under section 3. Repeals. Schedule 3 Savings relating to declaration of State fores t. Cap. 67 :01 83. 84. The Acts listed in Schedule 3 arc rcpculed , Notwithstanding the repeat of the I'OI'I1IC1' Ad by " '('lion H3, all orders Savings relating to regulations under repealed enactment s . 85. (1) Notwithstanding section 83, the Tnnber Murkctlnj; Rcgulutions and a ny f I other regulations '. A.D.2009J FORESTS 55 [No. 6 Cap. 67:04 (a) (b) made under an Act repealed by that section; and in force immediately before the co mme ncement of this No. 11 of 1984 Act , shall, to the extent that these could be made under this Act, be deemed to have been made under this Act. (2) For the avoidance of doubt, if there is any inconsistency between the Timber Marketing Regulations and the Guyana National Bureau of Sta ndards Act 1984, that Act prevails. (e) (d) Transitional pro visions relating to permits etc . under repealed Acts. . Cap. 67:01 Cap. 67:01 Cap. 67:01 Cap. 67:0 1 Clip. 67:0 1 86. (I) Subjec t to subsection (2), on the commencement of this Act · (a) a permission to occupy a State forest for the purpose of taking or obtaining forest produce. a lease, or a timber sales agreement , granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be a concession granted und er section 6; (b) an exploratory permit granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be an exploratory per mit granted under section 9; (c) a permit to remove timber granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be a removal permit issued under section 36 ; a sawmill licence granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be both a primary convers ion plant permit issued under section 38 and an annual operating licence issued under section 39 ; a timber dealer's licence granted under the former Act and in force immediately before the commencement of this Act shall be deemed to be a forest produce deale r' s licence issued under section 41; Clip . 69:07 Clip. 07:04 (I) " . ./ (g) a licence issued under the Balata Act and in force immediately before the commencement of this A ct shall be dee med to be a forest produce dealer' s licence issued under sectio n 41 ; an export certificate granted under the T imber Marketing Act and in force immediately before the commencement of this Act shall be deemed to be an export certificate issued under section 44 . No.6] LAWS OF GUYANA 1A.D. 2009 56 (2) A document deemed under subsection ( I) 10 he . (a) a concession; (b) an exploratory permit; (c) a removal permit; (d) a primary conversion plunt pernut; (e) an annual operating licence: (I) a forest produce dealer' s llcenee: Ill' (g) an export certificate, shall not be renewed, and unless sooner surrend ered I ll' revnked IImlcr this Act, expires on the date on which the document would hnvc c~ph'ud hn,l thl" Act not been passed . (3) This section has effect notwithstandin g lilly nllw provl ~l oll to the contrary in thi s Act. (a) Transitional provisions relating to lumber yards. 87. (I ) Nothing in section 40 (2) applies to the t,"u nf nllY PI'U I11 IMo~ nMn lumber yard or the operation of a lumber yard in any prcrnlxes • by a person who hold. n dO, IIIIHI nnl11l1ll opcmtlng licence under sect ion 86 (1) (til hI r l l'QCI "f II prl rnary conversion plant thut wn~ In Ill. un Ihm~ premises immediately before the CUllll11 flle~lII.nlll f Ih'" Act; or (b) by a person who (i) holds II deemed fm~Mt llrnd ll Vf donl~I" ~ licence undcr SC('l1oU H6 (\) (~l l And (ii) had used 01' tlllQrnled IhUle I'r~l11l , o ~ us a lumber ynrt! Imm.dlRtely hermo the cornmcnccmant uf Iii1MA~I , (2) Subsection (1) expi res the dny ~ I1\IInlh. IIn@, Ihe enllUUDlwonlenl of this Act. commencementof this Act 88. (I ) Subject to subsection (2), a lcuee, lIe"WQ, IIf ~ennl!llun ~r ll llied or issued under the Sta te Lands Act lind III l\ifUq , hnm~~lalfi~ hlll'",e the "-" ' - " ,.' " -: " ," , (b) (a) ' . "', -~-"rj:~" ':' ' -; in respect of 1111 nl1w IIf IlL11f'fumtiJhall be doomed to , ';<~ ; · , :~\~ " I,<~,:;s"':-'~7Y;' : ,,· , · be a co ncession Qrllnted UOOffl4fllill\ til and . :': . ;~' i'<:~·;';:r+·,~':; L: . in respect o r nny I1lhl r lam 1;!\tidull1otl III be II . ' . '- ;:-t=~.f ~ .~+ ," licence gl'llnlcd IIndor "rUn"" 1i/.., I ..j.; ;~i0-t~u~: ~ t '::i~Q; : ;?'~ 'A document deemed under "t1 hmllnn!~U~~, .",,;,,\\~.t·< (a) a concession g rll n l~tl llnll ifji'lliiO'fi i bf '~;'/~ : :'~:}t:~: ".' : ~ '~~" ',' (2) • Cap. 62:01 Transitional provisions relating to leases, licences, permissions under State Lands Act. A.D. 2009] FORESTS 57 [No.6 Transitional and savings provisions relating to forest officers . Cap. 67:01 Sav ings relating to references to former Act. Application to the State . (b) a licence granted under section 72, shall not be renewed . and, unless sooner surrendered or revo ked under this Act, expires on the date on which the document would have expi red had this Act not been passed . (3) Subsection (1) has effect (a) notwithstanding that any area of State forest included in a lease. licence , or permi ssion referred to in subsection (1) (a) ceases to be State land on the commencement of this Act; and (b) notwithstanding any other provision to the contrary in this Act. 89. (I) Every person holding office as a forest officer under the former Act immediatel y before the commencement of this Act shaJl be deemed to have been appointed a forest officer under section 53 (1) on the comme ncement of this Act. (2) A person deemed to be a forest officer under subsection (1) shall be deemed to have been appointed to act generally throughout Guyana for the general purposes of this Act. (3) Unless the context otherwise requires, a reference in any written law or any document to a forest officer, or to a forest officer under the former Act, sh aJl be cons trued as a reference to a forest officer appointed under this Act. 90 . Unless the context otherwise requires. a reference in any written law or any docu ment to a provision of the former Act shall be construed as a reference to a ny corresponding provision of thi s Act. 9 L (I) Subject to subsection (2), this Act binds the State. (2) A failure to comply with, or a contravention of, any provision of this Act shall not make the State criminally liable. but the High Court may on the application or" the Commission dec lare unlawful any act or omiss ion of the State ' . that constitutes-the failure or contravention. ":/ '. t No. 6] LAWS OF GUYANA 58 SCHEDULE I PENALTIES FOR OFFENCES IA,I), 2009 N~l' l l n ll' 711 IIl1d HI (I) (I) Class of Offence Class 1 Class 2 Class 3 • Penalties A fine of $250,000' A fine of $500,000' and irnprisoruncnt for n 1 ~1'l1Illr n I1IOlllh. , A fine of $1,000,000' and imprisonment 1'111' n 1 ~lnlllf I yenr: I. The maximum fine for offences committed in each calendar ycur nllol' Iho n,.llI nnlvcr.nry Ill'Ihe commencement of this Act shall be increased or reduced by the n"II " , l l'o l','ol ll n~o fill0 "I' ~cnern l inflation as measured by the consumer price index for the prcvluu» ~'uhmdlll y"l1 I' , 2. Every increase of, or red uction to, a maximum fine under pllrll"I'lIllh I . hnll 1>0 cumulntlvc, In tha t it shall be calcu lated in each case on the maximum fine lIppllclll>l. 10"rron co. nf Ihnl ~ I n" committed in the previous calendar year. Interpretation: "consumer price index" means the general consumer price index 1'111' (JUyltll lllUI L'ull'III11led hy the Bank of Guyana on an annual bas is . ~ . A.D. 2009] FORESTS 59 SCHEDULE 2 CONSEQUENTIAL AMENDMENTS [No.6 Section 82 Act or Regulations State Lands Act (Cap. 62: OJ) State Land s Act (Cap. 62: OJ) Provision amended Section 2 Section 3 Amendrnents Insert. after the definition of "officer" , the following definiti on " "State land" excludes any land in a State forest (as defined by section 2 of the NO.6 of 2009 Forests Act 2009)". I. Substitute. in subsection (1 ) (c) and (d) , for the words "paragraphs (e) and" in both places where they occur. the word "paragraph". 2. Delete paragraph (e) of subsection 0). 3. Insert. after subsection ( I) . the following subsection "0 A) No lease. licence. or permission shall be issued under this Act authorising anyone to take forest produce in State lands, but the Guyana Forestry Conunission may grant a licence or issue a removal permit to do so in accordance No.6 of 2009 with the Forests Act 2009 ." State Lands Act (Cap . 62: OJ) Section 21 I. Insert. after paragraph (b) of subsection (2), the following paragraph "(ba) holds a licence or removal permit under the Forests Act 2009 to take the substance or thing from or off the lands;", 2.~:., Substitute, for paragraph (c) of subsection (2). the following paragraph ' . ' No. 6] LAWS OF GUYANA 6 [A.D. 2009 AN ACT to consolidate and amend the law relating to Forests. A.D. 2009 Short title and commencement . Interpretation. No. 6 of 2006 No. 6 of 2006 No. 6 of 2006 No. 20 of 2007 No. 20 of 2007 Enacted by the Parliament of Guyana: PART 1 PRELIMINARY J. This Act may be cited as the Forests Act 2009 and shall come into operation on a date appointed by order of the Minister. 2. In this Act "afforestation agreement" means an afforestation agreement granted under se ction 12; "Amerindian" has the meaning given to it by section 2 of the Amerindian Act 2006. "Amerindian Village" has the meaning given to it by section 2 of the Amerindian Act 2006; "Amerind ian Village lands" has the meaning given to it by section 2 of the Amerindian Act 2006; "annual operating licence" means an annual operating licence issued under section 39; "Com miss ion" means the Guyana Forestry Commission estab lished by the Guyana Forestry Commission Act 2007 ; "Commissioner" means the Commissioner of Forests appointed under the Guyana Forestry Commission Act 2007; "community forest management agreement" means a community forest management~eement granted undersection 11 ~ '.s I f. f I I,. I No. 6] Act or Regulations Provision am end ed LAWS OF GUYANA 60 Amendme nts [A.D. 2009 Public Lands (Private Roads) Act (Cap. 62:03) Public Lands (Private Roads) (Wood Cutting) Regulations . (Cap. 62:03) Section 3 Regulation 3 , "(c) is the servant or agent of anyone hold ing a grant, licence, permission. or removal permit referred to in any of paragraphs (a) to (ba), and is acting within the privileges conferred by the grant, licence, permission, or removal permit;". 3. Insert, after the word "permission" the first time it occ urs in paragraph (I) of subsection (2), the words "referred to in paragraph (a) or (b)". Insert, after subsection (2), the following subsection "(3) Before exercising the power in subsection ( I) in respect of any public land within a State forest, the Minister shall consult the Guyana Forestry Commission." I. Substitute, for the words "a fine of seventy-five dollars", the words "the penalties specified, in section 70 (2) of the No.6 Forests Act 2009, for an offence against section 68 (b) of or2009 that Act". 2. Substitute, for the words "officer of the Lands Department", the words «forest officer appointed under the No. 6 Forests Act 2009". of 2009 ~. \ i I· i i : \ \ \ I [No. 6FORESTS <1jr~l:~~:~YHyt~~?'f;!:! ' A ,D.'~009J:.-. ~=~ ~ • 61 SC HEDULE 3 REPEAL ED AC TS Section 83 I . Balata Act (Cap. 69:07) 2. Forests Act (Cap. 67:01) 3. Forest (Miscellaneous Provisions) Act 1982 (No. 4 of 1982) 4. Forests (Exp loratory Permits) (Amendment) Act 1997 (No. 15 of 1997) 5. Guyana Timber Export Board Act (Cap. 67:03) 6. Guyana Timber Export Board (Amendment) Act 1973 (No. 26 of 1973) 7. Guyana Timber Export Board (Transfer of Functions) Act 1981 (No. 14 oj' 1981) 8. Timber Marketing Act 1973 (Cap. 67:04) Passed by the National Assembly on 22"dJanuary, 2009. Clerk of the National Assembly. (Bill No. 21 of2007) .; '. . / I ' e, "co mpliance history", in relation to any person (a) means the person' s history of compliance with la ws, whether forestry-related or otherwise, in Guyana and e lsewhere; and r ! I A.D. 2009] FORESTS 7 [No.6 No. 11 of 1996 (b) includes any conviction for, or any evidence of, a serious crim inal offence; punishable by imprisonment "co ncession" means a forest conces sion agreem ent granted under sec tion 6; "concession area"means the area of State forest over which a concession is granted and within which the holder of the concession is authorised to cut and take forest produce; "convey", in relation to forest produce. means to transport that forest .producc anywhere within Guyana; "cut", in relation to forest produce , includes fell or lop ; "damage", in relation to forest produce, includes tap, bleed, or any action that may have a negative impact on the forest; "document" includes (a) any record kept in a visible and tangible form by any means and in any medium ; and (b) any record kept in any medium by electronic means that enables it to be stored in permanent form and be retrieved and read; "Environmental Protection Agen cy" means the Environmental Protection Agenc y established by the Environmental Protection Act 1996; .,.\""". ./ "exploratory area" means the area of State forest over which an exploratory perrr'r it f' / is grante1 arid within which the holder of the permit is authorised to carry 0 ut exploratory operations; No.6] LAWS OF GUYANA 8 "exploratory operations" [A.D. 2009 r I ~ J. (a) means operations carried out for or in connection with discovering and evaluating forest produce; and (b) includes carrying out forest inventories, social or environmental impact assessments, or topographic surveys; "exploratory permit" means an exploratory permit granted under sectio n 9; ..tire protection area" means a fire protection area declared under section 25; "firewood" (a) includes all waste wood and any parts of trees cut up in the manner in which it is usual to cut fuel wood and made up in bundles or loads; but (b) does not include sound straight timber of any kind; "forest" (a) means an ecosystem dominated by woody plants, co n sistingof (i) closed forest formations, where trees of variou s stories and undergrowth cover a high proportion of the ground; or (ii) open forest with a co ntinuous vegetation cover in which tree crown cover exceeds 10 percent; and (b) includes (i) (ii) (iii) mangrove forests and any wetlands or open lands within a forest which form an integral part of the ecosystem; forest produce in the ecosystem; and .biological, soil, and water resources of the ecosystem; "forest cohcessio~ agreement" means an agreement of that designation by which the, Commission grants a concession under section 6; A.D. 2009] FORESTS 9 "forest conservation operations" includes [No.6 I I ! (a) the preservation of forests for the purpose of carbon sequestration; or any other form of environmental services; (b) the conservation of biolo gical diversity ; (c) eco-tourism; "forest officer" means a person appointed as a fore st offic er under section 53; "forest operations" includes (a) the cutting or takin g of forest produce; (b) the removal or con veyance of forest produce from any area; (c) the operation of a primary con version plant; (d) the building or maintenance of any path, roadwa y, structure, or installation, and any other activity carried out to facilitate an activity specified in paragrap h (a) , (b), or (c) ; "forest produce" includes (a) timber, firewood, charcoal, heart-of-palm, bark and extracts of bark; (b) latex, gums, resins, flowers, fruit, seeds , nuts, leave s, fibres, turpentine, spices, tan-stuffs, dye-stuffs, moulds, fungi , drugs, fodder and thatching material derived from trees or plants; (c) trees, plants (including bamboo and other grasses), a nd all parts and produce of trees and plants , regardle ss whether the trees or plants are dead or livin g; and (d) any other thing after public consultation, that the Commission, by public notice, declares to be fore st produce; ~'. , / "forest produce dealer's licence" means a forest produce dealer's licence issu ed under se ct ion 41 ; I