Fiji Pine Decree 1990 (Decree No. 29)

. [1791] GOVERNMENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FI,?l DECREE NO. 29 FlTI PINE DECREE 1990 A DECREE to make provision for a mechanism the ultimate objective of which is to facilitate the acquisition of forests. lands and ancillary industries by proprietary units and landowners: tfie incor poration of Fiji Pine Limited under the Companies Act: the transferring: to it of all assets. liabilities and obligations of the Fiji Pine Commission: the establishment of the Fiji Pine Trust: the establish ment of Forest Industry Assistance Fund. and repealing the Fiji ?ine Commission Act 1976. In exercise of the powers vested in me as President of the Snvereign Democratic Republic of Fiji and Commander-in-Chief of the Armed Forces. I. acting in accordance with advice of the Prime Minister and the Cabinet hereby make the following Decree: PRELIMINARY Shorr title und Co111me111.:,•111e111 I. This Decree may be cited as the Fiji Pine Decree 1990 and shall come into force on the second day of October 1990. J111,•rpretutio11 2. In this Decree. unless the context otherwise requires: "assets~ means any real or personal property of any kind. whether or not subject to rightc;, and without limiting the generality of the foregoing includes: : (a} any estate or interest in any land. including all rights of occupation of land or building: (h) all buildings. vehicles. plant equipment and machinery and any right,; therein: (c) all trees (crops]: (d) all shares and stock in any Company: (eJ aii rights of any kind. including rights under a written law. deeds. agreements or licence. pianning rights and water right'i. and all applications for and objections against applications for such rights: . (./) all patentc;. trade-marks. designs. copyright and any other intellectual property right,; whether enforceable hy Act or rule of law: (g) goodwill and any business undertaking. "Beneficiaties" means the Landowners and Extension Forest Owners and the Government a~ owner of State lands. ' "Commission" means Fiji Pine Commission established hy the Fiji Pine Commission Act 1976. ··company~ means Fiji Pine Limited to be incorporated by virtue of Section 4 of this Decree. "'First Trustees" means the Trustees appointed by the Minister under the provisions of this Decree. "Fund" means the Forest Industry Assistance Fund e'itahlished by Section 11 of this Decree. · .. Fund Regulations" means the rl!gulations made bv the Minister pursuant to Section 1 l of this Decree. · .. Government" means the Government of Fiji . .. Liabilities" include: (a) liabilities under any written law or agreement: and (h) contingent or otherwise. 794 .. Minister· means the Minister for Forests or any Minister to wham has heen assigned the res ponsibility for forestry . .. repeal date· means the day nominated by the Minsiterupon which the repeal of the Fiji Pine Commission Act shall come into force . .. transfer date· means the day nominated by the Minister upon which all the property, right,; and liabilities of the Commission shall he transferred to and vest in the Company. "Trust· means the Fiji Pine Trusr established by Section 7 of this Decree. "Trust Rules· means the rules of the Trust. D,.-crw to bi11d rl,,• StUlt' 3. This Decree shall bind the State. PART I : INCORPORATION OF FIJ1 PfNE LIMITED lm:n171tJrutio11 "/ Compun.v . 4.-(1) There shall he registered under the Companies Act a Company limited by shares that has the riame Fiji Pine Limited. (2) For the purpose of incorporation there shall he appointed by the Government seven (7) sub scribers who shall hold one share each in the Company for the time being in trust for the Government. Trullt(t>r of A.t.Yt!f,1• Liuhilitie.r and Ohli!(Qlitm.1· It> Cmnpu11y 5.-(1) Notwithstanding any Act rule oflaw. or agreement all assets. liabilities and obligations of the Commission shall by virtue of this Decree be transferred to and vest in the Company on the transfer date. whether or not any Act or agreement rclatiug to any asset or liahil icy or obligation per mits such transfer or require any consent to such a transfer. (2) Without prejudice to the generality of subsection ( 1) of this section. all contracts. agreement,;, conveyances, deed. leases. licences and other instruments undertakings and notices (whether or not in writing) entered into. by or made with, given to or by or addressed to the.Commission (whether alone or with any other person) before and in force on the coming into force of this.Decree or subsist ing immediately before the coming into force of this Decree shall on and after that day to the extent that they were previouslybindingon andenforceahle by. against or in favour of the Commission. he binding and of full force and effect in every respect against or in favour of the·Com pany as fully and effectively as if. instead of the Commission the Company had been the person by whom they were entered into. with whom they were made or to or by whom they were given or addressed as the case may be. (3) The Registrar of Tides is hereby authorised and directed. upon production of an instrument of the land affected. under the provisions of the Land Transfer Act or any other Act for the time being in force relating to the registration oftitle to any land. to make all such entries upon any certificate of title or lease or mortgage or other instrument or document and upon the dupHcate of any such certifi cate of title. or lease. or mortgage. instrument or document as may be neces11ary or expcdien tin conse quence of the transfer of property to the Company under this section and the holder of any such certificate of title. lease, mortgage. instrument or document shall produce the same to the Registrar of Titles for that purpose. Ac:rim1.f, Arhitrulion t1f '7ucttrli11gs de. Nm 10 Ahutt> 6. Any action. arbitration or proceedings and any cause of action. arbitration or proceedings which shall before the coming into force of this Decree be pendingorexistingby.against.orin favour of the Commission shall not abate or be discontinued or be in any way prejudicially affected by reason of the provisions of this Decree. but the same may he prosecuted continued and enforced by. against or in favour of the Company as and when it might have been prosecuted. continued and enforced by. against or in favour of the Commission as if this Decree had not been made. PART U: F!Jl PINE TRUST Tru.rt u, /,,.. li1<:t1'7Hlrutt'd . 7.-( 1) There is hereby established a Trust called the Fiji Pine Trust having such objects as shall be con~ined in the Trust Rules. (2) The Trust shall bi; a body corporate with perpetual succession under a common seal and may in such name sue and be sued. borrow money and enter into contractc; and may acquire. purchase. ·rake.ii old and enjoy real and pe~onal property of every description and may convey. assign. surren der and yield up. charge. mortgage. transfer or otherwise dispose of or deal with or in real or personal property vested in the Trust on such terms as the Trust thinks fit Tru.~tt ,kt ,md ~uiw Rul,-s 11ot upplicubf,.. 8.-( 1) The provisions of the Trustee Act shall not apply to the Trust established under section 7 of this Decree. · · (2) The rules against perpetuity contained in any written or other law shall not apply to the Trust Trust .R.ult!S 9.-(1) The Board ofTrustces shall make rules to be called the Trust Rules prescribing all maners relating to the Tru.c;t PROV1DED that the First Trustees shall make the Trust Rules with the consent of the Minister and any amendmentnhereafter shall be made as provided in the Trust Rules. (2) The Trust shall be administered in the manner set out in the Trust Rules. TT,,. First Tru.¥1-.. 10. There shall be appointed by the Minister First Trustees who shall hold office under the Trust Rules until they are subsequently removed. substituted or replaced in accordance 'with the Trust Rules: PROVlDED that the beneficiaries of the Trust may elect their own Trustees within twelve (12) months from the day when this Decree shall come into force in accordance with the Trust Rules. PART III : ESTABLISHMENT ANO PRINCIPAL FUNCTIONS OF THE FUND 11.-( I): There shall be constituted a Forest Industry A.5sistance Fund for the purpose of: (a) furthering the Government's economic goals for the forestry industry: (b) providing assistance to forestry industry and any components· thereof including the development of landowners related thereto and extension forest schemes: such assistance being in the fotm of advisory. financial. managerial. marketing and any other assistance as it relates to investigating possible plantation areas. e.c;tablishing such forests. planting. growing. maintenance. logging. transportation and end use production and ancillary industries associated with forests and product,; therefrom and to employ any third parties for the purposes thereof: and (c) undertaking any other activities that will be conducive to the betterment of the industry. (2) The Ministershall make regulations not inconsistent with this Decree prescribing all matters relating to the Fund. (3) The Fund shall be administered in the manner set out in the Fund Regulations. PART IV: REPEAL OF Fm PINE COMMISSlON ACT 12. The Fiji Pine Commission Act is hereby repealed and such repeal ~hall come into effect on the repeal date and all reS1,Iiarions snd or:d~rs mad~l,!fSU ~!:l U<>Jbe.nr.o.Yisions otthatAct S.hall be n:=.Y~~ c! g n Jhe re.pe~J da1=: Made this 16th day of October I 990. PENAIA K. GANILAU President of the Sovereign Democratic Republic of Fiji and Commander-in-Chief of the Anned Forces 795