Forestry Commission Act, 1999 (Act No. 571 of 1999)

Forestry Commission Act,1999 ARRANGEMENT OF SECTIONS Section PART I-ESTABLISHMENT or FORESTRY COMMISSION 1. Forestry Commission established 2. Object and functions of the Commission 3. Ministerial responsibility and directions by the Minister 4. Membership of the Commission 5. Tenure of office of members 6. Meetings of the Commission 7. Disclosure of interest 8. Committees of the Commission 9. Allowances for members PART \\~ADMINISTRATION ID. Di\lisions of the Commission 11. Other units in the Commission 12. Chief Executive 13. Functions oftlie Chiet' Executive 14. The dutiesofthe Divisions of the Commission 15. De legation by Chief Executi vc 16. Secretary to the Con1missio11 17. Executive Directors and Other staff of the Commission 18. Delegation of power to appoint public officers PART lll-FINANC\AL AND MISCELLANEOUS PROVISIONS 19. Funds of the Commission 20. Bank account of the Commission a11d payment into Consolidated f'u11d 21. Borrowing powers 22. Execution of contracts 23. Amrnal budget and corpornte plans of the Commission 24. · Performance contract 25. Accounts and audit 26. . Internal auditor Act 571 Forestry Commission Act, I 999 27. 28. 29. 30. 31. 33. 34. 3S. 36. Financial year Annual rejioi-t and other reports Access to i 11fr1rmation Regulation~ Dissolution of specifi!!d bod ics Repeal Trnnsfer of personnel Transfer of assets and liabili1ies Modificath)i) ancl consequcminl a1nc11tlme11ts I nterpretat i 011 St...'.hedule THE FIVE I-IUNDRED AND SEVENTY-ONE ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA 1.NTITLED THE FORESTRY COMMISSION ACT, 1999 Act 571 A~ AC'r to re-establish the Forestry Commission in order to bring under the Commission the main public bodies and agencies implementingthe functions of protection. development. manngement and regulation of forests and wildlife resomces and to provide for related matters. 0/\Ti-: < ll ASSENT: 3 Isl Avgusf. I 999 BE IT ENACTED by Parliament as follows~ PART I-EST/\131.!SIHvlENT OF FOlffSTRY COMMISSION Fonslry Commission established 1. ( ! ) There is established by th is Act a f on:stry Commission referred to in th is Act as "the Commission'". (2) The Commission sh.di be a body corrorate with perpetual succession and :1 common seal and may sue and he sued in its corporate name. (3) The Commission may for the discharge of its functions under this Act, acquire and hold any movable or immovable property. dispose of the property and enter into any contract or other transaction. (4) Where thei-e is any hindrunce to the ucq 1,1isitio11 of any 1>roperty under sub section(?) of this section the property may he ac4tiired for the Commission under the State Lands Acl. 1962 (/\ct 125). Act 571 Fore.~lry Commission Act, 1999 Ob.iect and functions of"the Commission 2. (1) The Commission shall be responsible for the regulation of the utilisation of forest and wildlife resources, the conservation and management of those re sources and tl\e co-ordinat,on of poHe:,es re\ateo "to them. (2) Without limiting the scope of subsection (1) of this section the Commission shall (aJ regulate the i:1tilizatii;m of forest and timber resources by (i) vetting and the registration of contracts to market timber and such other forest and wildlife products as the Commis sion may detel'ln ine; (ii) the establishment of procedures to track the movem~nt of timbel', wood and wildlife products; (iii) monitoring the harvesting, marketing of forest and wildlife products and related contracts; · (iv) promoting the development and dissemination of approprate industrial standards and trade guidelines for timber, wood and wildlife products; (v) the conduct of pre-shipment inspection and examination of timber, wood anci wildlife products; (vi) advising on approvals to establish new timber industries and the registrntion of approved timber processors and traders in forest and wildlife products; (b) manage the na.titm' "S fote":,.t ,·e-serve-& a\,d pmte,;:,ted are:a.':'> by (i) proper planning Jor the protection, harvesting and develop ment of forest and wildlife resources in a sustainable manner: (ii) monitoring the condition and extent of the nation's forest and wildlife resources; (iii) control I ing the harvesting of forest and wildlife products; (iv) making recommendations to the Minister on the grant of timber rights and wildlife licences; (v) advising: the Minister on forest and wildlife policy with par~ t\C\.\hw regani to 11,anagementpn:1ctkes that sustain resources and improve productivity; (c) assist the private sector and the other bodies with the implementa~ tion of forest and wildlife policies by {i) advising and the provision of technical services with- i:wgard to matters of resource protection, management and clevel opmcnt ai1d of market intelligence pel'taining to the timber nnd wildlife industries; 4 Forestry Co111111is,1·ion Ad, /()()(] Act 571 (ii) co-operating and liasing with national and international bodies and organisations on forestry and wildlife conserva tion ,111d utilisation; (tii) supporting the development of' forest plantations for the restoration of degraded forest reserves, the increased production of industrial timber and the expansion of the country's protected forest cover: (iv) the provision of trni11i11g management and technical skills for rclnted industries; (v) advising the nppninting nuthority 011 matters concerning employment. discipline and training of staff: (d) undertake the development of forest plantations for the restoration of degraded forests areas, the expa11sion of the country·s fl1rest cover and the i11cre<1se in the product inn of industrial timber; and (e) undertake such other hrncli1)ns as are i11cidc11tal 1u the foregoing, or as the M inistcr may di rcct. Ministerial responsibility an1I dirC"ctions hy thC" !Vlinistcr 3. {I) The Minister respn11si blc for l'nrestry shal I have mi nislerial responsibility for the Commission. (2) The Minister may give genernl directions in writing to the Comrnission on matters of policy. Membership of the Commission 4. (I) The Commission shall be cnmposed of the following membcrs (a) a chairman; (b) the Chief Executive of lhc Commission; (c) a rcprese111ati\1e of the: N,1t'mna\ House of C\liefs; (d) a representative of the tirnbcr trade and industry: (e) a representative of the wildlife trade and industry; (f) a representative of the Ghana Institute of Professional Foresters; 60 ,1 representative nf nn11~gnvcrn111ental nrgilnisatinns involved in forest and wildlife nrnnagement: (h) a rnprescntalivc of 1\w Lamls C\,mnfr;s(on~ and (i) three other persons with financial, commercial or managerial r.xpedence 110111i11ated by the Minister al least one of whom shal I be a woinnn. (2) The members of the Commission shall be appointed by the President in consultation with the Council or Stale. 5 Act 571 Fnri',\'IIY ( 'm11111iJsio11 Act, /999 Tenure of oflke or member;; 5. ( 1) A rn·ember nf the Cnmmissinn t\ther than the Cl,ief E:xecutiv<.: and the re1Jresenlative of the- Lands Ct1m mission -~hall hold nllice for a period not exceeding four years an<.! is on the ;.ixpirnlion of thal period eligible for re-appointment. {2) ·A 111cm ber of the Commission 01her than 1111 e.r-<dficio member may at any time b); lelt~r addressed h, the l)n:siden1 1hrm1gh the Minister, resign his office. (J) A 1inember other thau ,m ,·r-r!/ficio member who is ahsent from four consecutive meetings of t he Col1lm bsi1111 without reasonable excuse shall cease 'l:o he a member. (4) The chainnan or nny nth er memlicr of the Cmmnission may be removed from office by the President for i m1bi I i1y to perform the functions of his office or for stilted misbehaviour or for any other just cattse. (5) The chainnnn of tlw ( '0111m issirin shall through the Minister notifv the President of vacancies that occur in lhc membership of the Cot\lm1ssion ,,,1thi;1 one month of such occurrence. Meetings ot' the Commission , . 6. (I} The Comm issio11 shi\l! ml'd for the despatch of business at such times and in such 11!aces.as the Commh:.sion nwy rlt:-tcrminc hul slrnJI meet nt leflst once every two months. (2) The chairman may -:rnweae a speci:-il mect"111g and shall upon the request of not Jess than onc~third of th(.; mcrnhcrship ol' the Commission convene a specia I meeting of the Cnmrn issio11 w i1hin Ii u1r1ce11 days upo11 the receipt of that request. (3) -~rl1e quoruJll .it a tll(;elinµ of the Commission shall be six members and slmll include-the Chief Ex1ccutivc or ihc person acting in that ciipacity, (4) Every mceting·of the Commission shall be presided over by the chairman and in his absence, by il member nf lhe Cnrnm ission elected by the members \)resent frnnl among their nu1nber. (S) Decisions of the Corninission shall he \1e\cnnil\cd hy a !\l(\jority of the members present. (6) The c.haim'la.n or the pc,·son pn:siding at a meeting of the Commission slrn!I i~1 the even1 of equality nf vntc~ have a second or casting vote. \7) The Commission n1ay 1.:0-opt any person 10 act ,ls nn .:1dviser at its meeting.s but no co-opted persnn is entith~ll \o vote at the meeting. \8) ·rhc validity of the prncccdmgs of1he Con1111issio11 shall not be ilffected by a vacancy :unong iL"' memhers or by a ... tcfect in the l\\)poin\m~nl or qualification of a member. Foresl!:i,- ( 'r)IIIJJlissio11 Act, J Y9!J Act 571 (9) Except as otherwise pmvided in lhis ,ection, the Commission shall reg11 !ate the procedure for its meetings. Disclosure of interc!'.t 7. (1) A member of the Commission who lwsa persotrnl interest, directly or ind·i rect!y in any matter being considered 01 den It with by the C:0111111 ission shall disclo:,;e the nature of his interest at a llleeti11g ()f the Commission and ~iwll not take part rn any deliberation or decision of the Commission with respect to the matkr. (2) A member who fails lo discl,1~e his interest u1ider subsection ( \) shnD be removed from the Commission. Committees of the Com mission 8. The Commission may for the dis;c/lar!:-'e of' its f1mctions appoint committees of the Commission cornprisrng 111embt•1·s of!hc Commission or non-members or both and assign to any such committee such functions ofthe Commis;,ion ns the Commis sion may determine except that a com111iHee composed exclusively of non-members of the Con1mission may only advise the Commission. Allowances for members 9,. The chairman and the 01 lier members of the Commission shall be paid such allowances as shall be determined hy ihc !Vlinistcr. P1\HT ii ~t\PrvllN/S rnATION Divisions of the Commission to. (I) The Commission may est.iblish such divisions in the Commis~ion as it considers necessary frw the cffccl i,·e 111.:h ievement of the object ;)nt\ functions of the Commission. (2) Without limiting lhe sc~,p,: uf:~ubscction ( n and subject to the power of the Commission 10 re-organise the di\ isinns ns it considers appropriate the follow• ing are hereby established as Divi~ium qf 1he c~}mmission (a) Forest Services Division: (b) Forest Products l11spcc:tion Divis.ion: (c) Timber Export Development Division : a11d {d) Wildlife Division. (3) Each Division of the Co1nmission shall have ns iLs head an nfticer designated as Executive Direc~or. { 4) Each Executive Dlrnctor slmll he responsib te for the day-u1-day inanl!,gement of his Division am\ .inswerable to the Commission through the Chef Executive in the performance of his functions and duties 7 Act 571 Forestry CotrtmlrsionAcl, /999 (5) The functions and numericnl staff strength of each Division of the Commission shall be determined by the Commission .. (6) The Divisions of the Commission shall be locnted in such places as the Commission may determine. (7) 111eCommission may delegate its ti.mctions uudcr this section to the Chief Executive. Other units in the Commission 11. There shall be established by the Commission the following as units of the Commission which shall constitute a 11arl of the secretariat of the Chief E.xecutive (a) Planning, Monitoring and Evaluation Unit: (b) Legal Unit; (c) lnterna.1 Audit Unit; {<{) f inal.1ce and Administration Unit: (e) Research and Information Management Unit: and (/} such other units tts the Commission may determine. Chief Executive 12. (I) There shall be appointed for the Commission a Chief Executive who shall be the executive and administrative head of the Commission. (2) The Chief Executive shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commission and shall hold ollice for such )Jeriod and upon such other terms and conditions as shall he specified in his letter of nppointlilent. Functions of the CbiefExccutive 13. The Chief Executive shall sul~jcct to 1)l)licy directives of the Commission, be responsible for (a) el\suring the efficient and effective implementation of the functions of the Commission and the directives of the Commission; (b) the day-to-day management and administration of the (i} Planning:. Monitoring und Evaluation Unit; (ii) Legal Unit: (iii) Internal Audit Unit; (iv) Finance and Administmtion Unit (v) Research and lnlbrmation Management Unit; and (vi) such other units as the Commission may determine. Act 571 The tlutie.11 of the Divisions nf the Cmnmission 14. ( 1) For the pllrpose of determining the duties and functions of the Divisions of the Commission, the Chief Executive shall draw up for consideration and appnwal by the Commission a service charter which shall set out the duties and responsibilities of each Division under the Commission. (2) The service charter may be revised by the Commission. I>elcgatiou by Chief Executive 15. The Chief Executive may delegate rllly of his functions to an officer of the Commission subject to nny conditions that he may impose but he shall not be relieved from ultimate responsibility for the discharge of the delegated function-. Secretary to the Commission 16. (I) The Head of the Legal Unit shall be the Secretary to the Commission .. (2) The Secretary shall arrange the bm.iness of the Con,missioi, a\\d shall keep minlltes of meetings of the Com 111 ission. (J) The Secretary shall perform such o'ther duties as the Commission or the Chief Executive may direct. ( 4) The Secretary shall in the perfmrnance of his duties be answerable to the Chief Executive. Executive Directors and Other staff of the Commission 17. (I) The Executive Directors and other staff and employees of the Comm is~ sion shall be appointed by the President in accordance with the advice of the Commission given in consultation with the Public Services Commissio". (2) Other public officers may lle seconded or transferred to the Commission. Delegation of power to appoint public officers 18. The President may in accordance with article l 95(2) of the Constitution delegate his power of appointment of pub] ic officers under th rs Part. PART 11\-FIN/\NCIAL AND MISCELLANEOUS PROV!S!ONS Funds of the Commission 19. (I) The funds of the Com111ission shall be (a) such monies [IS Parliament may provide to the Commission for the performance of its !i..mctk111s~ (h) monies due to the Commission under this Ac t and any otl1er enactment'. (c) loans granted to the Commissinn; and (d) grants. 9 Act 571 Fore.\'h~j, Commission Act. 1999 (2) The books ofaccount of the Commission shall be audited within 3 months after the end of each financial year by the Auditor~General or by an auditot appointed by l1im. Internal auditor 26. (I) The Head of the Internal Audit Unit shall be the internal auditor of the Commission. (2) Subject to this Act the internal auditor ~hall in the perfonnal\ce of his functions be answerable to the Chief Executive. (3) As part of his functions under this Act, the internal auditor shalt. at intervals of 3 months., prepare a report on the internal audit work carrie~ out by him during the period of 3 months immediately preceding the preparation of the report, and submit the report to the Chief Executive. (4) The intemal auditor shnll make in each l'eport such observations as appear to him necessary as to the conduct of the financial affairs of the Comtnission during the period to which the report relates. (S) The internal auditor shall send a copy of each repot1 prepared under this sectioi, to the Minister and the Commission. Firumcial ye11r 27, The financial year of the Co111111ission shall be the same as the financial year tlf the Government. Annual report and other re1>orts · 28. (I) The Commission shall submit to the Minister ns soon as practicable and in any event not more than 6 months after the end of each tinancial year a report dealing generally with the activities and operations of the Commission during the year to which the report relates and shall include (aJ the audited accounts of the Commission and the Auditor-General's report on the accounts; (h) a statement of the Commission's budget and operational plans for the next financial year; rmd (c) such other infol'mation as the Commission may consider necessary. (2) The Minister shall wirhin three months after receipt of the annual report suhinit the report to Pal'liamcnt with such stalen1,ents ~ts he crn1sidcrs necessary. 12 Forestry Commi.,·sion Act, 1999 Act 571 Access to information 29. For the purposes of the .ittainrnent of the object of the Commission and the performance of its fonctiom; \lnder this Act or ,my other \aw, the Commissi.on sha\~ have access to information and records of any department of state which are reason• ably necessary for the purpose. Regulations 30. The Minister may on the recommendations of the Commission make Regulations by legislative instrument to give effect to the provisions of this Act. Dissolution of specified bodies 31. The following bodies, agencies and offices in existence immediately before the coming into force of this Act :1re hereby dissolved~ Repeal {ii) the Forestry Department of the Ministry of Lands and Forestry; (b) the Forest Products Inspection Bureau; (c) the Department of G.,une and Wildlife of the Ministry of Lands and Forestry: (d) the Forestry Commission estahlished under the Forestry Commis sion Act. 19<}} (Act 453); and (e) the Timber Export Development Board. 32. ( 1) The following enactments me hereby repealed (a) the forest Products ln~pecti011 Bureau Law, 1985 (P.N.D.C.L. 117); (b) the Forestry Commission Act, 1993 (Act 453); (l) the Timber Expnrt Development Board Law, 1985 (P.N.D.C.L. 123); and (d) the Wild Animals Preservation (Amendment) Law, 1983 (P.N.D.CL 5S). (2) Notwithstanding the repeal under subsection ( 1) any instrument, contract, licence or registration made or issued under any of the repealed enactment and valid on the date of the coming into force of this Act shal I remain valid until otherwise dealt with. (3) Notwithstanding the repeal of the enactments specified under subsection (I), where · (a) any of the repealed enactments confers a power on a public body, agency or Institution which now constitutes a Division under the Commission to collect any levy or fees in respect of a function performed under that cnuctment, and (b) the power is transferred to the Commission under this Act, that power shall continue to be exercised by the relevant or corresponding Division under this Act for the collection of the levy or fees. 13 Act 571 Foresfl:v Commission Act. 191)9 SCHEDULE ,Yectim, 3 5 (2) Consequential Amendments Enactment l. The Timber Re~ourccs MatHlgement Act, 199 7 ( Act 547) 2. Wild Animals Preservation Act, 1961 (Act43) (]) How affected Section 5 is amended as follows (i) by the repeal of paragraphs (a)and (b) of subsection (I) and the substitution of the following " (a} the Chief Executive of the Commission or his repre sentative who shall not be below the rank of a Director~ (b) the Executive Director, Forest Services Divi sion"; (ii} by the repeal of paragraph (c) of subsection ( \ ); {iii) by the substitution for para graph (e) of subsection (I) of lhe following "the Executive Secretary. Lands Comm is sion•·~ (iv) by the repeal of "Chief Con servator of Forests" in subsec• tion (2) and·the substitution of "Chief Executive": (2) Act S47 is ,\lnended by the repeal of "Chief Conservator of Forests" and ''Forestry Department" wherever they appear in the Act and the subsitution of "Chief Executive" and the "Com mission'' respectively. {1.1) by the repeal of section ~ and the substitution of the following . ··'A11pointmelll af qfficer.~ I. The President may in accordance with the advice of tile Forestry 16 Prn·estrv Commission Ac1; J 999 Act 571 Enactment How atfocted Cnmmission given in consultation wilh the Public Sel'Yiccs Commission nppoint officcJ"s tt) c(wry out al! or allY oJ'the pmposc of this Act"; (hJ hy the repe;il of "the President miiy" in section 3 and the substitut1on.ofthe ''Minister may upon the recommen dations of the Forestry Commission"; (cJ hy the repeal o( "one hundred pounds'· 111 section 4(5) and the substitut"1on nf''¢2 million"; (r/) hy the repeal in section 6(2) of "one himdred pounds" and the substitution of "¢2 million'': (eJ In the repeal nf ·'one hundred pounds" 1n section 7(2) and tile substitution "¢2 million"; (I) iii section l \ (,~; by the repeal of"the President may'' and the substitution of "the Minister on the ftdvice of the Forestry Commission mny"; (h) by the repeal of"¢ I 0,000" in paragraph (r) and the substi turion of ·"¢2 mill ion"; (J!) in section 12 by the substitution . for the meaning of "officer" and ''Minister" of the following 17 ' "officer" means an officer of the Forestry Commission so designated; "Minister" means the Minis ter responsible for forestry and wildlife".' Act 571 /<orestry Conimission Act, 1999 Enactment Huw aftected 3. Trees and Timber Decree, (a) by the substitution for ''Chief 1974 (N.R.C,D. 273) as Conservator of Forests" wherever it amended by Act 493. appears in the Decree of "Forestry Commission"; (b) by the substitution for "Commis sioner" wherever it appears in the Decree of "Minister"; (c) in section l 5 by the repea\ of an the · words before paragraph (a) and the substitution of the following "15. The Minister may on the advice of the Forestry Com mission"; (d) in section 158 by the deletion of "Forest Products inspection Bureau" wherever it appears and the insertion of "Forestry Commission"; ' (e) in section 17( I) by the insertion after '-'may" of the following "on the advice of the forestry Commission". Date of Gn!e!fe notification: 10th September, 1999 1$