Forestry (Private Dealings) Act (Chap. No. 217)

INDEPENDENT STATE OF PAPUA NEWGUINEA. CHAPTER No. 217, Forestry (Private INslings) Acr. ARRANGEMENT OF SECTIONS. I. IlIfl'rprclJIioll 'lO(oIl Foreu Area 2. Applnauou 01 Forestry ACI. t Duposal 01 umber IU other automatic citizens. 4. local Foresl Areas. ~. IXa1inll with umber rights in local Forest Areas. (I. ASSCIll lU Jl'alinJo:~ 7. ASll'rlaillmenl 01owners. H. Appeal against refusal 01declaration or assenl. 9. Asslgllmcnl 01 agreemenl. 10 Regulations. 3 INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTER No. 217. Forestry (Privete Dealings) Acr. Dt'lnR an An 10 enable the customary owners of timber to dispose of their timber III .IlIY person. subIt'll IU certain safeguards, and for related purposes. to be: incorporated JIlJ read as one with the Forestry Arl. I. Intcrpreranon. In this All, unless the contrary inrenrion appears "Local forest Area" means an area declared under Section 4 to be a Local Forest Area for the purposes of this Act. 2. Apphcarion of Forestry Act. Except where the contrary intention appears, this Act does not affect the operauon lit the Fortrlr)' A.t .~. Disposal of timber to other automatic citizens. This All dues not resrrur an)' right of the owners by custom of an)' timber to sel! "f otherwise dispose of rhc timber 10 automatic citizens. 4. Local Forest Areas. ( I) Wht'rt' tht' Muusrer , on application by any interested person and on payment 01 the: prescribed fee, or of his own motion, is satisfied that (oil it IS proper 10 do so having regard to (i) the interests of the owners by custom of the timber on any IJnJ (induding their interests in having their: land cleared and so enabling agricultural development to take place on the land); and (ii) the national interests; and (iii) the prospects for the economic exploitation of the timber; and (b) thc' area is one suitable for exploitation under this Act, he: shall, by notice in the National Gazette, declare the area to be a Local forest Area fur the purposes 01 this All. (2) The Munster shall grant or refuse an application for the declaration of a given area as a Local Forest AreJ within three months of the application being made. r~) It the Minister refuses all application under Subsection (I) he shall, within 21 JJYs uf re:tuslIIg the: application, deliver to the applicant, in writing, his reasons for doing so S. Dcal ing with timber rights in Local Forest Areas. (1) SlJhlL'l1 to this An, the owners by CUSlOm of any timber in a Local Forest Are:J lIIJ)' sell or odlc·r..... lsc· ,llspl)se of the timber, and of any of the other rights to which IIIIS subsection Jl'plJt·s, II) any person, notwithstanding anything in any other law. (2) The other rights to which Subsection (I) applies are all rights that are necessary or convenient for lhe [elling , cutting, removing or disposal of the timber, including (<I) rights of way; and (b) righlS to build or use roads and bridges; and Ln. No. .!.I ' Forestry (Private Dealings) (.) ri/o:hlS 10 lake and usc gravel and other road- making materials for any such roads, and ,J) n~h,s co ~'rl"ll or usc hUlIJillgs, sawmills or machinery, n) TIll' agreement shall make provision for the ownership or disposal, at the end of lht' rerrn of lhe J...:r~'t'lI1t'nl, of huildill,lls .and other fixlures erected or placed on the lalld l'II,lt" lilt' ,1~/l't'lllt'lIl 6. Assclll ll> dealings. (I) All J~'t'~'lI1t'lll lor rhe Sol/(," or disposal of limber under Section 5 is of no force or dlt't I until .hSClllcJ 10 hr lht' Minister. (2) Subjccr ll> Section ~. the Minister shall assent to an agreement referred to in Subsection I I) unless he is satisfied lhal (.I) Ih~' a~rcem~'1ll docs not wmply with this Ace or (hI lhc consideration for the sale or disposal is inequitable; or ,.) clll' a~re~'lI1l'lll dIll's 111)[ provid« for the sale or disposal of what is a reasonable proporuon 'If the loral volume of merchantable limber in the Local Forest Area 11\ quesriou, having regard w Ii) lhl' economics of forest opera lions in the Area; and (il) the rcqurrcnu-nts of the proper exploitation of the limber resources of rhc Area, or (J) II III lhl' Pfl'\'JJlIII~ lIr, UI11SIJlIlt'S il is economically feasible 10 convert a rt'a~ollJhle pruporriun III the merchantable limber in the Lotal Forest Area in question inco SJ\\'II or hewn limber or veneer. or any like product, the person 10 \\ horn lilt' timber IS III be sold or disposed of does nor have the capacity to so convert J reasonable proportion of that timber. 0) For Ihe purposes of Subsccuon (2)( h), any scaie of royalties prescribed by or under the /-i'mlf) .i,' shall be taken 10 he the minimum value of the limber concerned. f·1l The Mnustcr shall assent, or refuse to assent, 10 an agreement referred 10 in Suhsccnon (I) within flO days of the date of iSSlJ(.' of J certificate under Section '7(2). (~) If lhe MiniSll'r refuses his asse-nt 10 an agreement specified in Subsection (I I. Itt· shall deliver 10 both parries 10 lhl' Jgrt:l'mt:l1l, in writing. his reasons for doing so within 14 .lavs of rc:fll~illl-: 1115 .1~~I'1I1 ({I) SlIbl"ll r" Sllb~l" 1.011 t "), "II .11'1'/1,.111011 by rhe owners by (USlOm of limber the q;b":d "f all agrl'l'Ill,'11f under Sl'lllon '>, or ,)1 his own motion after consulting the owners, :ht, .\fllm!!:r may wuh.lr aw Ius ,1~~1:1I1 10 lhl' agrt:'!:mel\l if a purchaser of limber rights under :1115 All, ,H IllS asslgm'l', is in breach of a term or condition of the agreement, (1) Before tilt' Munster withdraws his assent. he shall deliver 10 all parties to the .l/-3rl:Cllll'lll a .... r tt t e tj nOIl~I' (.I) SI.lllllg lhar hl' iutcnds 10 wirhdraw his assent: and (I,) slaring lhl' "':fOul1ds on which his assent is being withdrawn; and (oJ spellly1ll8 lht' dale (nur being earlier than one month after the giving of the notice) on which he proposes lO withdraw his assent; and (J) inlornung lhl' pawl'S rha: lhey may make submissions to the Minister within 21 days of the giving of the notice. Ch :-.lo,21"' Forestry (Privste Deslings) thaI arc /It'll'H.lTy tlf ,'0IlVl'lIll'1I1 III bt: prl'~( r,bt:d for carrying out or giving effect to this :\ll, .In.! III p.ITII' 1I1,Ir tllr prn, nIHII/o: (01) rill' .tlJI~n ,II "~l'lIl~ "pplllfllnl under Section 7(5); and (hI rill' manner an.! lorm of Jpplyin}( for declarations of local Forest Areas and fdr JSSenlS under Section Ci, and (.) rill' manner 01 dOlll/o; an)' other IhlllX required by or under this Act to bedone or performed. and (J) the Ices or deposits to be paid with any application lor the declaration 01 a Local Forest Area, or for an assent under Section 6, and lees or charges to be paiJ 10 Ihl' Stan- in respnl IIf services rendered by officers; and (r) lht.' fmlll of a/o:rl'l'/lll'nlS under Section '>. and (j) the uiformauon and reIurns to be furnished by persons to whom timber is sold or ,Ilsposed of under Section 5. and (~) penalties of lines not exceeding K200,OO for offences against the regulations, INDEPENDENT STATE OF PAPUA NEW GUINEA. CHAPTER No. 217. Forestry (Private Dealings) Regulation. ARRANGEMENT OF SECTIONS. 1. lnterpretarion-« "agelll" "agreement" "assent" ''t erufil are" 'ollo"r r1KIolS' ·l'rnlllbt·J .lUlhOrlly" ""Ur< hascr". ) A1'1'11. Junll for Jedaratllln uf a Local Forest Area. , Ceruh, alt' "~I prnlnbeJ authurity and application for assent. ,1, DUlle~ 01 agelll~. 5. MOlllhly return. 6. Norincauo» of completion of taking timber. SCHEDULE. FORM I.-Application for Declaration of • LocaJ Forest Area. FORM 2.-5tacement. FORM .~.-Monthly Return. 9