Regulation on pit-sawing of timber (FDA Regulation No. 22)

FORESTRY DEVELOPMENT AUTHORITY REGULAnON NO. 22 REGULAnON ON PIT-SAWING OF TIMBER Whereas, according to section 3 ( c ) of the Act Creating the Forestry Development Authority (FDA), approved on November I, 1976, and published on December 20, 1976, it is one of the primary objectives of the Forestry Development Authority to stop needless waste and destruction of the forest and associated natural resources and bring about the profitable harvesting of all forest products while ensuring that the suppJy oftbese products are perpetuated; and WHEREAS, pursuant to the afore-mentioned' primary goals and objectives of the Forestry Development Authority, it has been regulated that any tree felled within the Republic of Liberia for commercial purpose shall be levied a tax 0 f $1.50/m3 as Severance fee; and WHEREAS, section 4(f), (D and (n) of said Act empower the FDA to promulgate rules and regulations from time to time as may be necessary to carry into effect the purposes and provisions of this Act; and WHEREAS, the same Act further confers upon the FDA the power to prescribe licenses, permits and other instruments and also levy fees on forest products; and WHEREAS, Government has not benefited from pit-sawing in terms of revenue generation and conservation. while the activity has become so pronounced in recent times, and the FDA has recognized the activity as a commercial venture having the potential to create environmental problems ifnot checked; NOW, TIIEREFORE, the Forestry Development Authority does hereby rule and regulate Pit Sawing oftirnber products. SECTION 1. DEFINITIONS In this regulation following words have the meanings indicated below unless otherwise required: (a) Pit-Sawing: Small scale commercial logging activities other than concession Jogging allowed in heavily fragmented patches offorest not capable ofbeing concessioned out. (b) Deeded Property: Parcel of land or real property on which title is conveyed/conferred by a deed in fee simple. (c) Concession Area: Area granted a concessionaire by the Government of Liberia under the Forest Products Utilization (FPU) contract. (d) Commercial Logging: Logging activities undertaken for the purpose of deriving financial . benefits. (e) Salvage Area: Area granted thru a Salvage Permit, outside national forests and other products areas, threatened by severe land-use activities such as farming and other development activities but which comprises a significant forest cover that could justify a profitable level ofcommercial logging. SECTION II: APPLICATION Before cormnencing any pit-sawing operation inLiberia each operator/pit sawer, whether individual or business entity, shall apply to the FDA for a permitand supply the following information: . a. Name of individual or business entity b. Complete mailing address c. Business registration documents d. Proof of title or pennissionlauthority from owner of land e. Agreement between lesser and lessee must witnessed by FDA f Description ofoperational area Individual or business entity engaged in pit-sawing prior to the coming into effect of this regulation shall also berequired to submit the above information. SECTION Ill. AREAS EXEMPTED FROM PIT·SAWING I No pit-sawing will be allowed in the following areas: National Forests, Environmentally I threatened areas, National Parks, Concession and Salvage areas. SECTION IV. REGISTRATION AND OTHER FEES (a) A qualified Pit-Sawer shall be required to pay to FDA, a non-refundable fee of (US$200.00) Two Hundred United States Dollars per annum and the pennitgranted shall be renewable annually. (b) Any tree felled for the purpose of pit-sawing shall be assessed at the rate of US$1.50/m3 in the tree-length form, (c) The amount of (U5$0.1O) United States ten cents per board foot on all or any timber or plank shall bepaid to FDA central office by the Pit-Sawer when assessed by FDA scaler. SECTIONV. LOCAL WAYBILLS (a) All Pit-Sawers or perspective pit-sawers will be required to purchase a local waybill from FDA central office at the cost of (US$lO.OO) Ten United States Dollars per copy. Any planks or timber transported for sale must be accompanied by such way-bill along with FDA label on each timber before off-loading at the sale deport. SECTION VI: VIOLATION a. Failure on the part of any pit sawer to adhere to the provisions of this regulation shall be considered a violationfbreach or no observance. SECTION VIII: PENALTY a. Any pit-sawer who directly or indirectly either by commission or omission fails to apply for pit sawer's permit or its renewal shall be fined an amount not less than US$500.00(Five Hundred United States Dollars).'" . b. All planks or timbers transported to sales depot not accompanied by FDA waybill and label shall be confiscated and auctioned. c. All planks/timber from pit sawing operation shall only be sold locally. Any person caught exporting such timber/blanks or logs shall be fined an amount of US$2,OO.OO(Two thousand United States Dollars) and hisannual permit revoked. All agreements, arrangements and undertakings as well as operations of pit-sawers prior to coming into effect of this regulation are hereby rescinded, revoked and annulled until, each pit sawer shall have properly satisfied all provisions of this regulation. This regulation shall become effective on Apri127, 1995 and shall be announced in the public media and be published in FDA Newsletter. Dated this 27th day ofApril, A.D. 1995. Benson Gwyan MANAGING DIRECTOR, FDA