Forestry Regulations (Cap. 147)

LAWS OF THE REPUBLIC OFYA.'iUATU CAP. 147.] FORESTRY [Subsidiaryj SUBSIDIARY LEGISLATION FORESTRY REGULATIONS ARRANGEMENT OF REGCL-\TIONS REGULA TIO NS PART I Preliminary 1. Interpretation ,.., 3. 4. 5. 6. 7. s. 9. 10. 11. 12. 13. 14. PART II Utilization of Timber other than Coconut Timber Application for a timber licence Form or agreement for utilization operation Form of timber licence Conditions of timber licence Banker's guarantee Deduction from guarantee Licence to be suspended if guarantee is exhausted Report of operations Exemption from timber licences Reforestation charges Registration of wood using plant Return by owner of wood using plants Clearing operations PART III Utilization of Coconut Timber 15. Application of Part II 16. Fonn of agreement for coconut timber utilization operation 17. Form of coconut timber licence 1&. Conditions of coconut timber licence 19. Reforestation charges PART IV Permit to Cut Up to 10 Trees 20. Permit to cut up to 10 trees 21. Form. duration and fee of permit 12 Order 10 of 1984 Order 56 of 1985 ,--, LA \VS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] PARTY Export of Logs Log export permit SCHEDULE 1- :\pplication for exemption from the requirement to obtain a timber licence SCHEDULE 2- Form of agreement for utilization ,)per::nion SCHEDULE 3- Application ror a timber licence SCHEDULE +-· Timber licence SCHEDULE 5- Banker·s ,:uarantee SCHEDCLE 6-- Report ,)i operations SCHEDULE 7- . ..\pplic:nion for registration of a wood using piant SCHEDULE 8-- Registration certificate SCHEDULE 9- Register of wood using plant for the purposes of section 19 of the Forestry .--\ct Cap. 147 SCHEDULE 10-- Return by owner of wood using plant SCHEDULE 11- Lease between the owner of land and the Minister of Agriculture & Forestry for the purposes of section 21 of the Fores try Act Cap. 1-+ "7 SCHEDULE 12- Direction by the :VIinister in relation to clearing operations SCHEDULE 13- Form of agreement for coconut timber utilization operation SCHEDULE l+- Coconut timber licence SCHEDULE 15- Permit to cut up to 10 trees SCHEDULE 16-- .--\pplication for a log export permit ' SCHEDULE 17- Department of Agriculture and Forestry permit to assemble and export logs 13 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiaryj SUBSIDIARY LEGISLATION FORESTRY REGULATIONS To provide regulations for forestry purposes. PART I PREL!;\IINARY INTERPRETATION 1. In these regulations "" Act" means the Forestry Act, Cap. 14-7: ·'agreement'' means an agreement for utilization operations made under s. ll of the Act: ""applicant'' means a person who applies or intends to apply for a timber licence to conduct utilization operations: ""licensee"' means a person who has been granted a timber licence: 1og"' means timber which has not been sawn twice along the length or' ,he log to produce 1 right angle. PART II UTILIZATION OF TIMBER OTHER THAN (OCONUTTI:V!BER APPLIC.-\. TIO.'l FOR A TIMBER LICE.'lCE 1 An application for a timber licence made under the Act shall be in the form of Schedule 3. FOR.\! OF AGREE:VIENT FOR UTILIZATION OPERATION 3. Every agreement between an applicant or licensee under s.11(1) of the Act :rnd the owner of the land shall be in the form of Schedule 2 and shall contain a boundary description and map sufficiently accurate to be acceptable to the Minister. FOR:\! OF TIMBER LICE:'ICE ➔• A timber licence other than a coconut timber licence issued under the Act shall be in the form of Schedule ..\.. CO'.\'DITIONS OF TIMBER LICENCE 5. A timber licence other than a coconut timber licence shall be issued subject to the following conditions ( a) the licence shall only be for utilization operations carried out on land in respect of which agreements made in accordance with these regulations subsist: (b) the licensee shall keep a separate felling register for each agreement. and shall not later than the next working day after felling any tree. allot the next available number to the log cut from such trees. or where more than 1 log is cut from any tree. separate consecutive numbers to each such log. and shall correctly enter in the register within .3 days of felling a tree (i) the number of each log; (ii) the date felled: and (iii) the species of tree; 14 e\ WS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiaryj ( c) the licensee shall correctly enter into the felling register by the last working dav of the month following the month in which the tree was felled the following- · (i) the length of the log; (ii) the circumference of the log measured at the midpoint under bark or the diameter measured twice at right angles at each end of the log; (iii) the sound volume of each log after allowance has been made for defects in accord ance with standard procedures: (iv) the royalty payable to the owner in respect of each log; (v) the reforestation charge payable in respect of each log; ( d) the licensee shall not later than 7 days following the events herein below specified. enter in the register the following (i) the date on which each log \Vas removed from the owner's property; (ii) if the log was sawn up in Vanuatu. the date of sawing; (iii) if the log was exported from Vanuatu. the date of export; ( e) the licensee shall hammer mark the number of each log on both ends thereof and shall hammer mark the number of all logs cut from a tree on the stump of each tree felled. not later t han the next working day after the tree has been felled. (f) the licensee shall produce the felling register to :iny-forest officer when requested to do so: (g) the licensee shall as soon as practicable and not later than 90 days after felling, remove all logs from the land of the owner except logs that are unmerchamable because of some defect exceeding 50 per cent of the volume: (h) the licensee shall not fell any tree of any species designated by the Minister on the licence as a reserved species: (i) the licensee shall not fell any tree marked or branded by any forest officer as a seed tree; (j) the licensee shall cut such minimum volume of logs in each year that the licence is current as is specified in the agreement made bet\veen him and the owner of the land: (k) the licensee shall pay to the Minister all reforestation charges payable on timber felled in any month by the last working day of the following month. (I) the licensee shall comply with the labour laws of Vanuatu. IlAi."IKER'S GUARANTEE 6. The banker's guarantee shall be in the form of Schedule 5. DEDUCTION FRO'.\-1 GUARANTEE 7. Where any reforestation charge or penalty imposed by the Minister under s.18(1) of the A.ct. is not paid within 30 days of a demand in writing by the Minister. the Minister may deduct an amount equal to such charge or penalty from the guarantee. LICE::--iCE TO BE SUSPENDED IF GUARANTEE IS EXHAUSTED 8. If a banker's guarantee is exhausted the Minister shall suspend the licence until the banker's guarantee is restored to the amount imposed by the Minister under s.14(1) of the Act. REPORT OF OPERATIONS 9. (1) Within 1 month of the date of issue of the licence and before 31 January in each calendar year thereafter the licensee shall submit to the Minister a report of operations carried out in the previous year and a plan of operations to be carried out in the current year in the form of Schedule 6. 15 LAWS OF THE REPUBLIC OF V A.'•TATU CAP. 147.] FORESTRY [Subsidiary] (2) The licensee shall also submit to the Minister before 31 January, 30 April, 31 July, and 31 October in each year a report of operations carried out in the preceeding quarter and a plan of operations to be carried out in the proceeding quarter in the form of Schedule 6. EXE:\IPTION FRO:Vt TIMBER LICENCES 10. Every application for exemption from the requirement to obtain a timber licence for the utilization operations shall be in the form of Schedule l. REFORESTATION CHARGES 11. (1) The reforestation charge provided for in s.28 of the Act shall be 50 per cent of the market value at stump of the timber sold cut or utilized as the case may be. (2) A rebate of 50 per cent of the charge on each log sawn twice along the length·of the log to produce 1 right angle. in Vanuatu shall be credited to the licensee who paid the charge provided that the return of the wood using plant showing the log to have been sawn has been correctly submitted, in accordance with r~guiation 13(2). within 14 days following the end of the month in which the log was sawn. REGISTRATION OF WOOD VSING PLANT 12. ( 1) An application for registration or renewal of registration of a wood using plant under s.19 of the Act shall be in the form of Schedule 7. and shail be accompanied with the appropri ate fee. (2) The annual fee for the registration or renewal of registration of a wood using plant shall be VTS.000. (3) The registration certificate of a wood using plant shail be in the form of Schedule 8. ( 4) The Minister shall cause the particulars of registration of wood using plant to be entered in a register in the form of Schedule 9. (5) The registration or renewal of registration of eve:-y wood using plant shall expire on 30 June next after it takes effect. RETl:RN BY OWNER OF WOOD USING PLA.'1/TS 13. (1) The form contained in Schedule 10 is prescribed for the purposes of subsections ( 4) and (5) ofs.19 of the Act. (2) The form shall be duly completed in respect of each calendar month and delivered to the nearest forest officer within 14 days after the end of the month to which it relates. CLEARING OPERATIONS 14. (1) Where the Minister manages or controls any land pursuant to s.21 of the Act, he may enter into a lease with the owner's thereof in the form of Schedule 11. (2) Every direction given by the Minister in relation to clearing operations pursuant to s.22 of the Act shall be in the form of Schedule 12. PART III UTILIZATION OF COCONUT TI~!BER APPLICATION OF PART II 15. The provisions of Part II of these regulations shall apply to this Part except regulations 3, -1-, 5 and 11. 16 LAWS OF THE REPUBLIC OF VA. '\UA TU FORESTRY [CAP. 147. [Subsidiary] FORM OF AGREEMENT FOR COCONUT TIMBER UTILIZATION OPER-\TION 16. Every agreement between an applicant and an owner of coconut trees shall be in the form of Schedule 13 and shall contain a boundary description :i.nd map sufficiently accurate to be acceptable to the Minister. FORM OF COCONUT TL\IBER LICENCE 17. A coconut timber licence issued under the Act shall be in the form of Schedule 1--L CONDITIONS OF COCONUT TIMBER LICENCE 18. A coconut timber licence shall be issued subject to the foilowing conditions la) the licence shall only be for utilization operations carried out on land in respect of which agreements made in accordance with these regulations subsist; (b) the licensee shall keep a separate record for each agreement and shall within 3 days of felling any coconut tree enter (i) the number of coconut trees felled: (ii) the number of merchantable stems produced: (iii) the date they were felled; ( c) the licensee shall correctly enter into the record by the last working day of the month following the month in which the coconut trees were :·elled the following (i) the royalty payable to the owner of the coconut :rees: (ii) the reforestation charge payable. (d) the licensee shall produce the record to any forest of:':cer when requested to do so; ( e) the licensee shall as soon as practicable and not later than 90 days after felling (i) remove all merchantable logs from the property of the land owner: (ii) cut up and pile or burn all unmerchantable logs: (f) the licensee shall cut such minimum volume of logs in each year that the licence is current as is specified in the agreement made between him ar:d the owner of the coconut trees: (g) the licensee shall pay to the Minister all reforestation charges payable on merchantable coconut timber felled in any month by the last working day of the following month; (h) the licensee shall comply with the labour laws of Vanuatu. REFORESTATION CHARGES 19. (1) The reforestation charge provided for in s.:s of the Act shall be 10 per cent of the market value at stump of all merchantable coconut trees. (2) No reforestation charge shall be payable on any unmerchantable coconut trees. PART IV PER~!IT TO CUT UP TO 10 TRE::S PERMIT TO CUT UP TO 10 TREES 20. A permit to cut up to 10 trees may be issued by a forest officer to a holder of a valid timber or coconut timber licence on land which is not currently subject to a utilization operation agree ment under these regulations provided that the trees to be cut are either (i) liable to fall down and damage any building, structure. or garden or spoil a surrounding area; or 17 LAWS OF THE REPUBLIC OF VA. 'IUA TU CAP. 147.] FORESTRY [Subsidiary] (ii) required to be removed from land already being cle::ired for agricultural purposes; or (iii) required to be removed for the purpose of widening. realigning or extending permanent roads. FORM, DURATION AND FEE OF PERMIT 21. (1) A permit issued under this part shall be in the form of Schedule 15 and shall be valid for. and the operation carried out pursuant to it shall be completed within. 30 days of the date of its issue. (2) The fee for the permit shall be VT2,000. PARTY EXPORT OF LOGS LOG EXPORT PERMIT 22. ( 1) No person may assemble logs for export without first having obtained a log export permit. (:?.) No person may export logs without permission from the Minister. (3) All applications for log export permits shall be in the form of Schedule 16. ( 4) A log export permit shall be in the form of Schedule 17. (5) The fee for a log export permit shall be VTlO per cubic metre that the applicant intends to export as shown in his application for a log export permit. (6) The Minister shall require the applicant to deposit VT:20 for every intended cubic metre of logs to be exported against the cost of removing debris from the area where the logs are assembled prior to shipment. (7) The Minister shall withhold permission to export logs until he is satisfied that the suppliers of the logs have been paid in full for all logs accepted by the log export permit holder. LAWS OF THE REPUBLIC OF VANUATU FORESTRY SCHEDULE 1 :EPUBLIC '.)F •. \:-IL'.\TU . .\PPLIC.-\ TIO\: FOR EXE.\IPTION FROM THE REQURE.\'IE:,,/T TO OB';:'Ai:\ A TIMBER LICE~CE 'fame or person who intends ,o carry out utiliz:1tion operations: .-\ddress of person who intends to c:1rry out utilization operations: "1 ame and ;1ddress of owne:: of land on '.\ hich uriliz::ition operations are to be carried out: Location of land on which utilization oper::nions are to be carried out: Type of utilization operation to be carried out: Proposed commencement date: Proposed completion date: Maximum volume or quantity of timber to be cut (a) in ?ny year of operations (b) in total Species of timber to be cut: Signa,w~. Dare: 19 [CAP. 147. [Subsidiary] (Regulation 10) LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary) SCHEDULE2 (Regulation 3) REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY FORM OF AGREEMENT FOR UTILIZATION OPERATION AGREEMENT BETWEEN A PERSON WHO INTENDS TO APPLY FOR OR EXTEND A TIMBER LICENCE AND THE OWNER OF THE LAND ON WHICH UTILIZATION OPERATIONS ARE TO BE CARRIED OUT. This agreement is made the ......................... day of ................................... 19 .............. . between ........................................................................................................ ( owner of the land) and ................................................................................................................. (applicant). 1. The owner cif the land agrees to allow the applicant to cut trees of the following species which are above a circumference of ............... metres when measured at 1.30 m above the ground on the land of the owner situated at ................................................................. . as described in the boundary description and map attached to this agreement, commencing on the ......................... day of ................................... 19 ............... and finishing on the ......................... day of ................................... 19 ............... . 2. The applicant agrees (a) To pay the owner of the land royalty at the following rates For species ......................................................... . VT ..................... per m3 For species ......................................................... . VT ..................... perm3 For species ......................................................... . VT ..................... perm3 For species ........................................................ .. VT ..................... perm3 to be calculated on the sound, roundwood volume under bark. (b) To make payments of royalty at VT ......................... for every sound tree felled on or before the last working day of the month following the month in which the tree was felled. (c) To pay the owner of the land not less than VT ......................... in each year of the agreement, or for the period of the agreement if less than a year, whether or not that amount of royalty is payable. 20 LAWS OF THE REPUBLIC OF V Ai"'IUA TU FORESTRY [CAP. 14,. [Subsidiary] ( d) To cut only trees of the species shown in paragraph 1. ( e) To cut only trees above the circumference shown in paragraph 1. (f) To cut not more than ............... m3 of logs on the land of the owner in every 12 months of the licence, or for the period of the agreement if less than 12 months, whether or not that amount of royalty is payable. (g) Not to cut any fruit or food trees and to ask the permission of the owner of the land before cutting any of the following species · (h) To pay damages in the form of cash compensation or as otherwise may be agreed by both parties to the owner or occupier of the land as the case may be, in the event of the following (i) damage to existing roads; (ii) damage to fences (including wire, posts or gates); (iii) pasture space lost due to excessive logging debris; (iv) pollution or siltation to water for human or animal consumption: (v) damage to food trees planted by the owner or occupier of the land; (vi) cost of labour and equipment employed to recover cattle escaped due to damage to fences or action of logging company; (vii) other damage to the owner or occupier of the land through deliberate action or negligence. 3. The owner of the land and applicant agree that in the event of any dispute between them arising from this agreement the matter shall be referred to 4. The owner of the land may terminate this agreement at any time and without notice in the event of any damage caused by the applicant to the property of the owner or occupier of the land where such damage is not compensated for promptly by him. 5. Notwithstanding paragraph 4, the owner of the land shall be entitled to claim against the applicant for damages caused by him. Signature of owner of land Signature of applicant Witness .......................................... . Witness .......................................... . Notes: 1. This agreement is to be written in the Bislama language. 2. Three copies of this agreement must be forwarded to the Minister, Department of Agriculture and Forestry, Port Vila within 30 days. 3. This agreement shall have no effect until approved by the Minister. 4. Upon approval the Minister will return 1 copy to the applicant and 1 copy to the owner of the land. Minister Date: /19 ......... . 21 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULE3 REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY APPLICATION FOR A TIMBER LICENCE Name and address of applicant: Name and address of owner(s) of land on which utilization operations are to be carried out: Date(s) of approval by Minister of contract(s) with owner(s) of land: Area of utilization operations under licence: Description of area: Species to be cut: Island: Maximum volume to be cut under the licence (log volume): Minimum volume to be cut in each year (log volume): Proposed date of commencement: Proposed date of completion: Location and address of sawmill at which logs to be sawn: Type of timber to be used and anticipated markets: Equipment to be used- (a) For logging: (b) For sawing: State if equipment to be used is presently owned or leased by the applicant: Applicant's financial resources: Name of applicant's bankers: (Regulation 2) Signature of applicant 22 LAWS OF THE REPUBLIC OF V A.'iUA TU FORESTRY [CAP. 147. (Subsidiary] SCHEDULE4 (Regulation 4) REPUBLIC OF VANUATU DEPARnrn,,,..,., OF AGRICULTURE Ac'iD FORESTRY TIMBER LICENCE THIS LICENCE is granted to ................................................. , ................................... . (Company) (Director) of ........................................................................................ for the purpose of cutting (Address) ............................................................................ on land belonging to persons with whom (Type of Produce) the licensee has entered into agreements which have been approved by the Minister pursuant to section 11(2) of the Act, on the island of ........................................................................... , for the period commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . day of 19............... and ending on the ......................... day of 19 .............. . Maximum volume of timber, log volume, to be cut under this licence: Minimum volume of timber, log volume, to be cut in each calendar year of this licence: Location and address of sawmill at which timber cut under this licence is to be sawn: Amount of banker's guarantee to be established: Reforestation charge for the year to 31 December next ............................ m3 ............................ m3 VT ........................... . after date of issue: VT .................. per m3 Minimum sum payable as reforestation charge for the year to 31 December next after date of issue: VT ........................... . Signature of Minister Date of Issue Notes: 1. The banker's guarantee referred to above must be established within 30 days of the date of issue of this licence otherwise the licence shall be null and void. 2. The reforestation charge and the minimum sum payable as reforestation charge for each calendar year of the licence commencing 1 January next after date of issue of this licence shall be fixed by the Minister at the commencement of each such year. 23 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] A. Conditions of Licence Prescribed by the Forestry Regulations (1) Regulation 5 A timber licence other than a coconut timber licence shall be issued subject to the follow ing conditions (a) The licence shall only be for utilization operations carried out on land in respect of which agreements made in accordance with the Order subsis~. (b) The licensee shall keep a separate felling register for each agreement, and shall not later than the next working day after felling any tree, allot the next available number to the log cut from such trees, or where more than 1 log is cut from any tr.ee, separate consecutive numbers to each such log, and shall correctly enter in the register within 3 days of felling a tree (i) the number of each log; (ii) the date felled; and (iii) the species of tree. (c) The licensee shall correctly enter into the felling register by the last working day of the month following the month in which the tree was felled the following (i) the length of the log; (ii) the circumference of the log measured at the midpoint under bark or the dia meter measured twice at right angles at each end of the log; (iii) the sound volume of each log after allowance has been made for defects in accordance with standard procedures; (iv) the royalty payable to the owner in respect of each log; ( v) the reforestation charge payable in respect of each log. ( d) The licensee shall not later than 7 days following the events hereinbelow specified, enter in the register the following (i) the date on which each log was removed from the owner's property; (ii) if the log was sawn up in Vanuatu, the date of sawing; (iii) if the log was exported from Vanuatu, the date of export. ( e) The licensee shall hammer mark the number of each log on both ends thereof and shall hammer mark the number of all logs cut from a tree on the stump of each tree felled. not later than the next working day after the tree has been felled. (f) The licensee shall produce the felling register to any forest officer when requested to do so. (g) The licensee shall as soon as practicable and not later than 90 days after felling, remove all logs from the land of the owner except logs that are unmerchantable because of some defect exceeding 50 per cent of the volume. (h) The licensee shall not fell any tree of any species designated by the Minister on the licence as a reserved species. (i) The licensee shall not fell any tree marked or branded by any forest officer as a seed tree. (j) The licensee shall cut such minimum volume of logs in each year that the licence is current as is specified in the agreement made between him and the owner of the land. (k) The licensee shall pay to the Minister all reforestation charges payable on timber felled in any month by the last working day of the following month. (I) The licensee shall comply with the labour laws of Vanuatu. 24 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] (2) Regulation 6 The banker's guarantee shall be in the form of Schedule 5. (3) Regulation 7 Where any reforestation charge or penalty imposed by the Minister under s.18(1) of the Act, is not paid within 30 days of a demand in writing by the Minister, the Minister may deduct an amount equal to such charge or penalty from the guarantee. ( 4) Regulation 8 If a banker's guarantee is exhausted the Minister shall suspend the licence until the banker's guarantee is restored to the amount imposed by the Minister under s.14(1) of the Act. (5) Regulation 9 (1) Within 1 month of the date of issue of the licence and before the 31 January in each calendar year thereafter the licensee shall submit to the Minister a report of opera tions carried out in the previous year and a plan of operations to be carried out in the current year in the form of Schedule 6. (2) The licensee shall also submit to the Minister before 31.January. 30 April. 31 July, and 31 October in each year a report of operations carried out in the preceeding quarter and a plan of operations to be carried out in the proceeding quarter in the form of Schedule 6. B. Conditions of licence imposed by the Minister (Under section 12(3)(b) of the Act) In addition to the foregoing conditions the Minister hereby imposes the following conditions in respect of this licence 25 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY (Subsidiary] SCHEDULES (Regulation 6) REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY BANKER'S GUARANTEE l. In accordance with section 14 of the Forestry Act. Cap. 147. ' I ....................................................... of ..................................................... Bank. (Name) (Name) ............................ · ................................. , confirm that .......................................... . (Address) (Name) director of ..................................................................... ( the licensee) has established (Company) a banker's guarantee at this bank of Vatu this being the banker's guarantee required in the terms of the timber licence granted to him on ................................... 19 ............... by the Minister responsible for agriculture and fore stry. I understand and agree that the following conditions apply to this guarantee a. The guarantee shall last for the duration of the licence. b. The bank on receiving written instructions from the Minister shall deduct from the guaran tee and pay to the Government through the Minister such sums as may represent any penalties or reforestation charges as are prescribed in the licence. c. The bank shall immediately notify the Minister if the sum required by him exceeds the balance of the guarantee. d. The licensee may only reduce the guarantee if the balance exceeds the original sum guaranteed. e. In the event that the licence expires or is cancelled the Minister shall notify the bank and the guarantee shall be cancelled. 3. I understand and agree that the bank shall under no circumstances be held liable for any deductions made from the guarantee as authorised by the Minister. Signed: Manager 26 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] SCHEDULE6 (Regulation 9) REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY REPORT OF OPERATIONS Annual/quarterly report and plan for utilization operation by ................................................. . ............................................................................................. (name of company, island). PART 1. Utilization operations carried out during the period month to ............................... 19 .............. . month Roads made a. Area(s) logged (names) Total m3 logs produced km Type (1) . ................................................................... TOTAL b. Volume of logs by species Species m3 Species m3 Species m3 C. Equipment used. 1 2 3 4 5 6 7 8 Any change in equipment during the period ................................................................. . d. Number of people employed during the period ............................................................. . e. Location of sawmill ................................................................ •· • •·· •· •········ ···· · ·· ·· · · ···· · f. Quantity of timber exported .................................................................................... . g. Any other comments .............................................................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ............................................................. ' ............. . " 27 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] PART 2. Plan of utilization operations for period ............................................................ . to ............................... 19 .............. . Roads to be made a. Area(s) to be logged (2) Total m3 logs expected km Type (1) . ................................................................... TOTAL b. Estimate of volume of logs by species Species m3 Species Species c. Any changes to be made in equipment ........................................................................ . d. ~umber of people to be employed during the period ...................................................... . e. Location of sawmill ................................................................................................ . f. Any other comments .............................................................................................. . Signed: Date Notes: Manager 1. Road suitable for a, log trucks all weather. b, log trucks dry weather, c, light trucks all weath er, d, light trucks dry weather, e. 4 x 4 only. 2. Attach map showing area if possible. 3. This form to be returned to nearest forest office by 31 January/30 April/31 July/31 October as stated in licence. 28 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. (Subsidiary] SCHEDULE7 (Regulation 12(1)) REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE A:"1D FORESTRY APPLICATION FOR REGISTRATION OF A WOOD USING PLANT The Minister Department of Agriculture and Forestry Port Vila I/We the owner/owners of the wood using plant described hereunder apply for registration of the wood using plant in conformity with section 19 of the Forestry -\ct, Cap. 147 and lodge herewith the prescribed fee. 1. Name and address of owner: 2. Location of wood using plant: (a) Island: (b) Nearest town or village: (c) Distance and direction from nearest town or village: (d) Name of owner of land on which wood using plant situated: 3. Description of equipment installed or to be installed at wood using plant: 4. Estimated monthly capacity of wood using plant: Signature of owner: Date: 29 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULES ( Regulation 12(3)) REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY REGISTRATION CERTIFICATE Registration of a wood using plant under section 19 of the Forestry Act Cap, 147. This is to certify that the wood using plant described hereunder has been registered in conformity with section 19 of the Forestry Act Cap. 147. 1. Name and address of owner: Location of wood using plant: (a) Island: (b) Nearest town or village: ( c) Distance and direction from nearest town or village: (d) Name of owner of land on which wood using plant situated: 3. Registration no. 4. Registration fee paid. Receipt no. 5. Period of registration. Period ending 30 June 19 6. Date of issue of registration certificate 19 Signature of Minister This is not a cash receipt and is not valid unless signed by the Minister. Forestry Act Cap. 147. section 19. 30 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] SCHEDULE9 (Regulation 12( 4 )) Registration no. REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY REGISTER OF WOOD USING PLANT FOR THE PURPOSES OF SECTION 19 OF THE FORESTRY ACT CAP. 147 Name and address of owner: Location of wood using plant: Wood using plant registered on Renewals of registration: for the period ended 30 June 19 Period Ending Date Paid Period Ending Date Paid Period Ending Date Paid Description of equipment installed at wood using plant. Estimated monthly capacity of wood using plant 31 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULE IO (Regulation 13) REPUBLIC OF V ANUA TV DEPARTMENT OF AGRICULTURE A'.'iD FORESTRY RETURN BY OWNER OF WOOD CSI~G PLANTS RETURN of logs obtained and timber sawn during the month of ............................................ . 19 ............... at wood using plant situated at ..................................................................... . owned by ............................ of name company island and operated by name :rnd corr:pany Input logs savm Output sawn timber produced Species Total number of logs m·' Snecies TOTAL TOTAL I certify that the particulars which have been entered in this form are true and correct. Signature of ............................................... . ,\!ill owner or his representative Date: Notes: 1. Do not include timber obtained by resawing of flitches originally sawn elsewhere. " · This form must be received by the nearest forest officer within 14 days of the end of the month to which it relates. 3. To obtain the rebate on sawn timber mentioned in regulation 11(2) enter the numbers. of all logs sawn during the month on the back of this form . .i. The rebate will only be payable if this form is received by the nearest forest officer as pre scribed in note 2 above. 32 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] SCHEDULE 11 (Regulation 14(1)) REPUBLIC OF VA:'.'/UATC DEPARTMENT OF AGRICULTURE A:--iD FORESTRY LEASE BETWEEN THE OWNER OF LAND AND THE .\IL\ISTER OF AG RI CULTURE & FORESTRY FOR THE PURPOSES OF SECTION 21 OF THE FORESTRY ACT CAP. 147 This lease is made the day of 19 between ......................................................... of ................................................................... . name address on behalf of himself and his heirs and successors in title ( ""the owner") and the Minister responsible for agriculture and forestry of the Republic of Vanuatu ("·the ~linister"). The owner hereby agrees 1. To lease to the Minister for a term of years all the land described in the Schedule to this lease and coloured blue on the sketch plan endorsed hereon ("'the land'"). 2. Not to carry out any cutting of timber or clearing of native vegetation on the land. 3. To allow all duly appointed government employees to cross :my adjoining land of the O\vner for the purpose of access to the land. 4. (Insert here such other covenants on the part of the owner as the parties may agree.) The Minister hereby agrees 1. 3. To pay to the owner in advance during the said term yearly rent of VT ......................... . That unless he exercises the option hereinbefore provided. to return the land to the care and management of the owner at the end of the said term. (Insert here such other covenants on the part of the Minister as the parties may agree.) The parties to this lease hereby agree 1. C-5 That at the expiration of the term of this lease the Minister shall have the option to renew the lease for a further term of 75 years on the same terms and conditions as are herein contained. That at the expiration of each 5 years of the term of this lease either party may request the other to agree to a variation of the rent payable hereunder. If the parries are unable to agree on the rent to be payable for the succeeding 5 years the same shall be submitted for decision by the Lands Referee. The rent if so varied by agreement or by the Referee shall apply and be payable until further varied in accordance with the conditions of this lease. 33 CAP. 147.] [Subsidiary] Signed by the owner: in the presence of: Signed by the Minister: in the presence of: Description of Schedule Description of the land: LAWS OF THE REPUBLIC OF VA.'lUATU FORESTRY Island: Nearest town or village: Distance :rnd direction from ne:uest town or village: Description ,,r the boundaries of the land: Sketch Plan 34 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] SCHEDULE 12 (Regulation 14(2)) >UBLIC OF VANUATU DEPARTME.'IT OF AGRICULTURE AND FORESTRY DIRECTION BY THE MINISTER IN RELATION TO CLEARING OPERATIONS To of In accordance with the powers conferred on me by section 22 of the Forestry Act Cap. 147. I HEREBY DIRECT that. in respect of land situated at and shown in red colour on the plan hereon, you shall * Cease all cutting of trees -or clearing of native vegetation. * Refrain from all cutting of trees or clearing of native vegetation. * Carry out any cutting of trees or clearing of native vegetation only in accordance with the following conditions. that is to say 1. 2. 3. 4. If you wish to appeal against this direction you may do so by appealing to the Supreme Court. at Port Vila, but until the Court makes a decision on the appeal you must obey this direction. Failure to do so is an offence under the Forestry Act Cap. 147. Dated this day of 19 Minister *Strike out where inapplicable. 35 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [ Subsidiary j SCHEDCLE 13 (Regulation 16) REPUBLIC Of VANUATU DEPARTME:"/T OF AGRICCLTCRE AND FORESTRY FORM OF AGREEMENT FOR COCO:"il.T TI:VIBER UTILIZATION OPERATION .--\GRE2-:V1ENT BETWEEN A PERSON \VHO ::---.-TENDS TO APPLY FOR OR EXTE:'-JD . .\ COCONl:T TIMBER LICENCE .--\ND THE OWNER OF THE COCONUT TREES \VEICH ARE TO BE UTILIZED. This agreement is made the ......................... Jay or ................................... 19 .............. . bet\veen ............................................................................................ ( owner of the coconut trees) and ................................................................................................................. (applicant). 1. The owner of the coconut trees agrees to ailo,, the applicant to cut coconut trees on-Jand situated at ") as desc:ibed in the boundary description and mo.p attached to this agreement. commencing on the ......................... day of ................................... 19. : .... ......... and finishing on the ......................... day of ................................... 19 ............... . The applicant agrees ( a) To pay the owner of the coconut trees a royalty of VT ......................... per merchant able tree. (b) To make payments for every merchantable tree felled at ................................... on or before the last working day of the month following the month in which the tree was felled. (c) To pay the owner of the coconut trees not less than VT ......................... in each year of the agreement whether or not that amount of royalty is payable. (d) Not to cut any fruit or food trees. ( e) To pay damages in the form of cash compensation or as otherwise may be agreed by both parties to the owner of the coconut trees or owner or occupier of the land as the case may be in the event of the following ( i) damage to roads: lii) damage to fences (including wire. posts or gates): (iii) pasture space lost due to excessive logging debris: 36 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] (iv) pollution or siltation to water for human or animal consumption; (v) damage to food trees planted by the owner of the coconut trees. or owner or occupier of the land; (vi) cost of labour and equipment employed to recover cattle escaped due to damage to fences or action of logging company; (vii) other damage to the owner of the coconut trees or owner or occupier of the land through deliberate action or negligence. 3. The owner of the coconut trees and the applicant agree that in the event of any dispute between them arising from this agreement the matter shall be referred to ....................................... . 1-. The owner of the coconut trees may terminate this agreement at any time and without notice in the event of any damage caused by the applicant to the property of the coconut tree owner where such damage is not compensated for promptly by him. 5. Notwithstanding paragraph J. the owner of the coconut trees shall be entitled to claim against the applicant for damages caused by him. 6. If this agreement involves the utilization of coconut trees on leased property, the owner of the coconut trees ascertains that this agreement does not contravene the rights of the land owner or lessee as provided for in the terms or the lease. Signature of owner of coconut trees Signature of applicant Witness Witness Notes: 1. This agreement should be supported by appropriate documentation indicating rightful own ership of the coconut trees. 2. Three copies of this agreement must be forwarded to the Minister. Department of Agriculture and Forestry, Port Vila, within 30 days. 3. This agreement shall have no effect until approved by the Minister. 4. Upon approval the Minister will return 1 copy to the applicant and 1 copy to the owner of the coconut trees. 5. This agreement will be available in Bislama. Minister 37 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULE 14 (Regulation 17) REPUBLIC OF VA'.1-H!ATU DEPARTMENT OF AGRICULTl'RE AND FORESTRY COCONUT TIMBER LICE="ICE THIS LICENCE is granted to ................................................. . (Company) (Director) of ........................................................................................ for the purpose of cutting (Address) coconut trees on land belonging to persons with whom the. licensee has entered into agreements which have been approved by the Minister pursuant to section 11(1) of the Act. on the island of ................................... , for the period· commencing on the of 19 ............. .. and ending on the of ................................... 19 ............... . Maximum number of coconut trees to be cut under this licence ........................ . day day Minimum number of coconut trees to be cut in each calendar year of this licence ........................ . Amount of bankers guarantee to be established VT ....................... .. Reforestation charge for the year to 31 December next after date of issue. VT ....................... .. per tree Minimum sum payable as reforestation charge for the year to 31 December next after date of issue VT ........................ . Signature of Minister Date of Issue Notes: 1. The banker·s guarantee referred to above must be established within 30 days of the date of issue of this licence otherwise the licence shall be null and void. The reforestation charge and the minimum sum payable as reforestation charge for each calendar year of the licence commencing 1 January next after date of issue of this licence shall be fixed by the Minister at the commencement of each such year. Conditions of the Licence A. Conditions prescribed by the Forestry Regulations (1) Regulation 18 A coconut timber licence shall be issued subject to the following conditions (a) The licence shall only be for utilization operations carried out on land in respect of which agreements made in accordance with the regulations subsist; 38 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. (Subsidiary] (b) The licensee shall keep a separate record for each agreement and shall within 3 days of felling any coconut tree enter (i) the number of coconut trees felled; (ii) the number of merchantable stems produced; (iii) the date they were felled. (c) The licensee shall correctly enter into the record by the last working day of the month following the month in which the coconut trees were felled the following (i) the royalty payable to the owner of the coconut trees: (ii) the reforestation charge payable. (d) The licensee shall produce the record to any forest officer '.vhen requested to do so. ( e) The licensee shall as soon as practicable and not later than 90 days after ~-elling (i) remove all merchantable logs from the property of the land owner: (ii) cut up and pile or burn all unmerchantable logs. (f) The licensee shall cut such minimum volume of logs in each year that the licence is current as is specified in the agreement made between him :rnd the owner of the coconut trees. (g) The licensee shall pay to the Minister all reforestation charges payable on merchant able coconut timber felled in any month by the last working day of the following month. (h) The licensee shall comply with the labour laws of Vanuatu. (2) Regulation 6 The banker's guarantee shall be in the form of Schedule 5. (3) Regulation 7 Where any reforestation charge or penalty imposed by the Minister under s. lS( 1) of the Act. is not paid within 30 days of a demand in writing by the Minister, the :\linister may deduct an amount equal to such charge or penalty from the guarantee. ( 4) Regulation 8 If a banker's guarantee is exhausted the Minister shall suspend the licence until the banker's guarantee is restored to the amount imposed by the Minister under s.14(1) of the Act. (5) Regulation 9 (1) Within l month of the date of issue of the licence and before 31 January in each calendar year thereafter the licensee shall submit to the Minister a report of opera tions carried out in the previous year and a plan of operations to be carried out in the current year in the form of Schedule 6. (2) The licensee shall also submit to the Minister before 31 January. 30 April. 31 July. and 31 October in each year a report of operations carried out in the preceeding quarter and a plan of operations to be carried out in the proceeding quarter in the form of Schedule 6. B. Special conditions imposed by the Minister (Under section 12(3)(b) of the Act) In addition to the foregoing conditions the Minister hereby imposes the following conditions in respect of this licence 39 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULE 15 (Regulation 21) REPUBLIC OF VA:'-IL'ATL' DEPARTME~T OF AGRICULTL'RE AND FORESTRY PERMIT TO CUT UP TO 10 TREES . . . Application and agreement , I ........................................ of ...................................... wish to cut .............. .. (Name) (Company) (Number) trees on land belonging to ................................ of ..................................... and to (landowner) (address) pay him royalty at the rate of VT ...................... m3 , for ............................... Special VT ...................... m3 • for ............................... Special VT ...................... m3 , for ............................... Special for the purpose of (Reason for felling) Signed: ...................................... (applicant). Date: .......................... . I .......................................... landownder of ................................. agree to allow (Name) (Address) cut and remove ....................... trees (Name, Company) (Number) from my land on payment of the royalties above. Signed: ...................................... (landowner). Date: ................................. .. B. Authorization I hereby authorise .................................................... to cut .............................. trees (Company) (Number) before .. .. .. .. .. .. .. . .. .. .. . .. . . .. .. .. . .. .. .. .. . .. . and require Part C of this form to be correctly (Date) completed and returned to me by ......................................................... I have received (Date) the prescribed fee of VT2.000. Signed: ........................................ (forest officer). Date of issue: ........................ . Note: The Minister may impose a penalty of up to VTS.000 if the conditions above are not complied with. (Under Forestry Act. Cap. 147, s.12(3)(b)). 40 LAWS OF THE REPUBLIC OF VANUATU FORESTRY C. Register of trees felled/Registre d'arbres abbatus Log Date of Species Grumefelling Essence Length Circum- Volume Royaltv No. Abbatage Longeur ference mJ due m Circon- A payer ferencc VT cm X X X X X X X X X X TOTAL Royalty received/rec;u VT ................ Date: Reforestation charge VT .................. Date: received/rec;:u 41 [CAP. 147. [Subsidiary] Reforestation Date of Date RDIARKS Charge due removal sawn Tax a payer Enleve- Scie VT ment Signed: ........................ (Landowner). Signed: .................... (Forest Officer). LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULE 16 (Regulation 22(3)) REPUBLIC OF VANUATU DEPARTMENT OF AGRICULTURE AND FORESTRY APPLICATION FOR A LOG EXPORT PERMIT Part A Particulars of assembly and shipment of logs. 1. Name of person who intends to export logs ................................................................. .. (Name) (Company) (Address) 2. Species of le,gs to be exported .................................................................................. .. 3. Volume of logs to be exported .................................................................................. . 4. Port from which the logs will be exported ................................................................... .. 5. Expected date of export .......................................................................................... . 6. Name and address of final buyer of logs ..................................................................... .. (Name) (Address) (Country) 7. Expected FOB value/m3 of logs 8. Expected CIF value/m3 of logs at final destination ......................................................... . 9. Area where logs will be assembled prior to shipment ..................................................... . 10. Name of owner or proprietor of land where logs will be assembled (Name) (Address) 11. Evidence of applicants financial resources i.e. letter of credit, bank statement etc .. (please attach). Part B Particulars of supply of logs to assembly area. 12. Are you the holder of a timber licence and the sole supplier of logs to be exported under the permit application? YES/NO If YES you need not complete 13-14 below. If NO please complete 13-14 below. 42 LAWS OF THE REPUBLIC OF VANUATU FORESTRY [CAP. 147. [Subsidiary] 13. Names and addresses of timber licence holders who will supply logs, volumes expected and agreed price VT/m3 to be paid to them. a. . .............................. • ..... • ....................................... m3, Price expected Name or Company VT ....................... m-' b. . ............................................................................ m3, Price expected Name Company VT ....................... m-' c. . ............................................................................ m3 , Price expected Name Company VT ....................... m3 14. Will the timber licence holders be expected to deliver logs to the assembly point as specified in 9 above? YES/NO If NO state where the logs will be accepted .................................................................. . Part C Fees and declaration. 15. I enclose my fee of VflO per m3 for every m-' I intend to export as shown in 3 above ............... m3 x VTlO per m3 = VT ......................... which I understand is not refund able. 16. I hereby declare that a. The answers given to particulars 1-14 above are, to the best of my knowledge. correct. b. I will pay the suppliers of logs in full for all acceptable logs delivered during each calendar month to the assembly point at the end of each month and pay in full for all acceptable logs prior to shipment. c. Within 14 days of the logs being exported I will remove all debris such as rejected logs or parts of logs from the assembly area and leave it clean and tidy, and that I will deposit VT20 for every m3 I intend to export to pay for removal of debris should I fail to comply. Signed ........................................... . Date ............................................. . On completion this form should be returned to: The Principal Forest Officer, Box 129. Port Vila. 43 LAWS OF THE REPUBLIC OF VANUATU CAP. 147.] FORESTRY [Subsidiary] SCHEDULE 17 (Regulation 22(-+)) REPUBLIC OF VANUATU DEPART:VIE:--.IT OF AGRICULTURE AND FORESTRY PER:VIIT TO ASSE:\-'1BLE AND EXPORT LOGS PART A Permission to assemble logs for export. In accordance with the Forestry Regulations. I hereby authorise Name Address to assemble ............................. m3 of ................................................................... logs Species at ............................................................... provided that a deposit of VT20 per cubic Assembly point metre for every cubic metre to be exported is paid immediately to ensure removal of debris from the assembly point. Permission to export logs will be given on satisfactory completion of Part B. Signed ........................................... . Date ........................... . Minister Note. The deposit will be returned provided all debris is removed from the assembly point within lJ days of the ship sailing. Failure to remove the debris within this period will result in the deposit being wholly or partly used to remove such debris. PART B Permission to export logs. To be completed by Licence Holders just prior to shipment. I ...................................................... , declare that I have been paid VT ........................... . Supplier i.e. VT ......................... m3 for ................................... m3 Signed .................................................. Date ............................. . Verified ............................................................ Forest Officer I . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . declare that I have been paid Supplier VT ......................... i.e. VT ......................... m3 for ......................... m3 Signed ............................................ Date .......................... . Verified .......................................................... Forest Officer. 44 LAWS OF THE REPUBLIC OF V A.i"IUA TU FORESTRY [CAP. 147. [Subsidiary] ....................................................... declare that I have been paid VT ........................... . Supplier i.e. VT ......................... m3 for ................................... m3 Signed ............................................ Date .......................... . Verified .......................................................... Forest Officer. L ······················································ Name Position declare that ............................................................... has complied with the conditions required by the Forestry Regulations and is hereby granted permission to export. ................................. m3 of ......................................................... logs. Species Signed ...................................................... . \'finister Date ................................... . 45