Felling of Trees (Permits) Private Land Rules (Cap. 66:01)

MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 52 [Subaldl ar y] Chap. 66:01 Forests FELLING OF TREES (PERMITS) (PRIVATE LAND) RULES ARRANGEMENT OF RULES RLlLE 1. Citation. 2. Interpretation. 3 . Felling Permit. 4. Bulk Felling Permit. 5. Issuing of Permit. 6. Requirernents fur Felling Permit. 7. Refusal to grant Felling Permit. 8. Requirements for Bulk Felling Permit. Y. Refusal to grant Hulk Felling Pernut. 10. Replanting trees. 11. Exception. 12. Onus of Proof. 13. Breach. FIRST SCHEDULE. SECOND SCHEDULE. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Forests www. legalaffairs.gov.tt Chap. 66:01 53 [S ub aldl ar y] FELLING OF TREES (PERMITS) (PRIVATE LAND) RULES 309!2()()(). made under section 23 1. These Rules may be cited as the Felling of Trees (Permits) Citation . (Private Land) Rules . 2. "Clearfell" means to fell all trees over ten centimetres Interpre tation. (4 inches) in diameter at a height of 1.3 metres (4 feet three inches) above the ground on a given parcel of land. 3. A permit to fell any tree on Private Land shall be in the Form as set out in Part B of the First Schedule to the se Rules. Felling Pe rmit. 4. A permit to clearfell trees on any area of Private Land Balk Felliog Permit. shall be in the form as set out in the Second Schedule to Second Schedule. these Rules. 5. Every permit issued under these rules shall be issued by officers authorised by the Director of Forestry. Issuing of Perm it. 6. An app lication tor a permit under ru le :3 sha ll be in Requir,meots . . for Felling the Form as set out III Part A of the FIrst Schedule and Permit. First Schedule. accompanied by (a) specific information of the land on which the tree is standing stating clearly the number of trees to be felled, the species of tree, and the girth of the tree at a height of 1.3 metres (four feet three inches) above the ground; (h) proof of ownership of the land and consent of the owner for the felling of the trees; (c) a sketch map of the land showing which trees are to be felled; and LRD. l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 54 [S ub aldl ar y] Chap. 66:01 Forests Felling ofTvees (Permits] (Privuse Lurul] Rules (d) a Forest Management Plan approved by the Directo r of Forest ry where the applicant is conducting commerci al forest production on slopes of over thirty degrees. Refusal to grant Felling Permit. Requirements for Bulk Fe lling Permit. Refusal to grant Bulk Felling Permit. 7. An authorised officer may refuse to issue a permit under rule 2 until he has been satisfied that (a) in the act of felling the tree no adjoining property, road, reserve line, waterway, transmission line, drain or public infrastructure is likely III be adversely affected; (b) upon removal of the trees large gaps will not be created so as to allow or induce soil erosion, landslides, rapid water run-off or removal of valuable top soil; and (c) the tree is not of historical , cultural or environmental significance . 8. An authorised officer may refuse to issue a permit under rul e 3 until the applicant for such permit has submitte d to him (a) application from the owner or occupier of the la nd on which the tr~~s are standing staring clearly the number of trees to be felled and the species; and (h) proot 01 ownership 01 the land and consent 01 the owner for the felling of the trees. 9. Any authorised officer may refuse to issue a permit under rule 3 until he has been satisfied that (a) in th e act of felling the tree no adj oining property, road, reserve line, waterway, UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Forests Felling ofTvees (Permits] (Privuse La rul] Ru les www.legalaffairs.gov.tt Chap. 66:01 55 [Subaldlar y] transmission in frastructure line, drain or public is likely to be adve rsely affected; and (b ) the tree is not of his toric al, cultural or environmental significance. 10. Where a permit is granted for the felling of trees on slopes of thirty degrees or more , the permit holder shall be required to replant on the said slope, one tree for each tree felled within eight months of such felling . Replanting t re e ». 11. Notwithstanding rule 9, where th ere is already a Exception. replacement tree within ten metres of a tree felled on a slope of thirty degrees or more , the permit holder shall be exempt from the requirement of replanting such tree. 12. The onus of proving that a tree has been replanted in On" of Proof accordance with rule 9 shall rest on the permit holder. 13. Breach of the conditions stated on a permit issued under Breach. these Rules may result in the refusal to grant any further permit. LR D . l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 56 [Subaldlar y ] Chap. 66:01 Forests Felling ofTvees (Permi ts] (Privuse Lurul] Ru les FIRST SCHEDULE PART A AJ'I'LICATION }'OR }'ELLING I'ERMIT To: The Forest Officer. . .. Range. 1.Mr./Mrs./Ms of. hereby apply tor a pcrmtt to tell trccr s) listed hereunder, trom private lands located at I further declare tha t the said trcc(s) arc situate d on bonafide private property belonging to . and is being felled with the conse nt of the owner. Date: . S ign atu re . Signature . Applicant Owner No. Spec ies Diameter For offic ial usc only D ate of ap p licarion . Date of inspec tion. Land Assessment No. Name of Land Owner. Boundaries: North. South. East. West . Genera l Remarks and Recommendations: Officer's Signature : See Guidelines on next page UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Forests Felling ofTvees (Permits] (Privuse Larul] Rules www.legalaffairs.gov.tt Chap. 66:01 57 [S ub aldl ar y] APPLICATION FOR FELLING PERMIT GUIDELINES 1. An application mu st state clearly the number of trees to be felled, the size of the trees (girth at breast height (4'3" or 1.3 m above the ground) and the species. 2. The application must be submitted with a sketch map of the relevant area and proof of ownership of the land . Thi s should include a Deed for unregistered land and a Ccrutlcatc of Title fOT rc gtstcrcd Iand . Where applicable , a Icucr of consent from the owner shall also be requi red. 3. An authorised Forest Officer from the Range must make an inspection of the property dud trcc(li) before it permit iii granted. 4 . The otficcr is expected to issue the Felling Permit immediately after the inspection is done, unless there are grounds for refusal. An authorised officer may request any other intorrnntio n an he thinks approp ria te to enable him to make a dcoinion on the matter 5. The Director of Fores try or his agent may suspend or refuse to grant a Felling Permit if in the aet ottclling the trees, adjoining property, roads, reserve lines, waterways, tran smissi on lines. drai ns or publi c infrastru ctu re is likel y to be adversely affe cte d . 6. In the removal of trees , large gaps must not be ereated so as to allow the adverse cttcc ts of soil erosion, landslides or rapid water run-off to esca late. The Director of Forestry m ay refu se to grant a permit if the tell ine of a trcc(f') m ay induce sit e degradation . c.g., soil erosion, landslides, rapid water run-otf or removal of valuable topsoil, or if a tree is of historical, cultural or environmental significance. 7. Under private plantations where trees are to be removed. there must be adequate tree cover and undergrowth remaining so as to prevent any adverse effect mentioned in (6) above. Clcartclling of plantations will be allowed only if there are no adverse effec ts to site conditions. 8. Persons desirous of practising commercial forest production on slopes of over (30) thirty degrees are required to submit a Forest Management Plan to the Forestry Divis ion for approval prior to such action . 9. This application may be refused on the grounds that the applicant has breached any of the Conditions of a previously issued Felling Permit. 10. Where land is to be converted to another use the applicant must show evidence of obtaining all relevant appro val( s) from the re spective institution s and government agencies. LRD. l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 58 [S ub aldl ar y] (Rule 2). Chap. 66:01 Range . Forests Felling ofTvees (Permits] (Privuse Lurul] Ru les PART B FELLING PERMIT Pcnnit No. Permis sion is hereby granted to Mr.lMrs./Ms. of to fell the Trees listed hereunder on private lands belonging to .. and located at These lands arc shaded .................................................................... on the attached sketch map: DETAILS OF TREES TO BE FELLED No. Datc otIssuc .. Species Girth at Breast Height (4' 3" ) Date of Expiry . Signature ofAuthorised Offficer See Conditions on next page UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Forests Felling ofTvees (Permits] (Privuse Larul] Rules FELLING PERMIT CONDITIONS www. legalaffairs.gov.tt Chap. 66:01 59 [S ub aldl ar y] 1. The felling pcnnit will be valid for a period of thirty (30) days. 2. Save where the applicant has received permission to change the usc of the land. persons fellin g trees on slopes (30°) thirty degrees or more arc required to replant a tree foreach tree felled. within twelve months of tell ing.except whereanexemption is granted by the Director otForcstry. The onus at proving that such trees were replanted shall be on the applicant. If a replacement tree is within 10 ill from the tree felled. on a slope of (300) thirty degrees or more, there shall be no need to replant a tree . 3. Breach of any of L1IC condluons SCl OUl above will result in L1\C refusal of any fur ther application for a felling permit by the applicant. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 60 [Subaldl ar y] (Rule 3). Chap. 66:01 Range . Forests Felling ofTvees (Permits] (Privuse Lurul] Rules SECOND SCHEDULE BULK FELLING PERMIT Pcnnit No . Permi ssion is hereby granted to Mr ./Mrs./Ms. of to fell the trees listed hereun der on private lands belonging to . and located at These lands arc shaded ....................................................... on the attached sketch map : DErAILS OF TREES TO BE FELLED Species D ate of Iasuc . Number of Trees Total: Date of Expir-y . S i g IlU ( Ul C ofAuslun ised Ojpccl UPDATED TO DECEMBER 31ST 2009