Regulations for the issuance of forestry permits (L.N. No. 111/2006)

LEGAL NOTICE NO. 111/2006 Regulations for the Issuance of Forestry Permits Article 1. Issuing Authority These Regulations are issued by the Minister of Agriculture pursuant to the authority vested in him by Article 43 of the Forestry and Wildlife Conservation and Development Proclamation No.155/2006 . Article 2. Short Title These Regulations may be cited as " the Regulations for the Issuance of Forestry Permits- Legal Notice No.1 I 1/2006. Article 3. Types of permit The Minister may issue the following permits : a) to cut or collect dead trees or shrubs or parts thereof for commercial purposes; b) to cut live trees or shrubs or parts thereof for domestic purposes; c) to harvest forest products other than wood for commercial purposes; d) to clear land for agricultural or other purposes; e) to process or otherwise utilize forest products for commercial purposes; f) to transport forest products; g) to export forest products; and h) to import forest products. Article 4. Applications Any application for a permit to be issued under these Regulations shall include: (a) the name and address ofthe applicant; (b) the type, quantity and location offorest products; (c) in the case of an application for a permit to clear land for agricultural or other purposes, the purposes being pursued; (d) in the case of an application for a permit to process or otherwise utilize forest products for commercial purposes, the applicant's relevant qualifications and the methods proposed to be used; (e) in the case of an application to transport forest products, the proposed means and methods of transportation; and (f) the date of the application and the proposed duration of the concerned activity. Article 5. Permit to clear land (1) A permit to clear land for agricultural or other purposes may prohibit the cutting of any specified trees or shrubs within the concerned area. (2) Where the cutt ing of any trees or shrubs has been prohibited under sub-article (l) hereof, no operations may be undertaken under a permit issued pursuant to this Article until the Minister has marked such trees and shrubs. (3) No permit under this Article may be issued with respect to woodlands with more than 25% tree coverage. (4) No permit under this Article may be issued unless areas of 0.5 hectar where trees or shrubs may hot be cut are set aside in every area of 4 hectar to serve as wildlife corridors or for purposes of utilization of forest products other than wood and any other purposes of conservation and sustainable management of forests and wildlife. (5) Where in the opinion of the Forestry and wildlife Advisory Board there are important reasons for national interest, Sub-art icles (3) and (4) ofthis Article shall not apply. Article 6. Permit to export or import forest products (l) The Minister shall, before the issuance of any permit to export or import forest products, verify that any requirements applicable to the concerned products under the Forestry and Wildlife Conservation and Development Proclamation No.155/2006 and any other legislation of Eritrea have been satisfied.. (2) Where the product to be exported is subject to the provisions of the Convention on International Trade in Endangered Species of Wild Flora and Fauna, to whieh Eritrea is party, a permit to export or import forest produc ts may not be required under these Regulations. 2 Article 7. Fees and royalties The issuance ofany permit under these Regulations shall be subject to the payment of applicable royalties and fees, at such conditions of payment as may be from time to time set out by directives of the Minister. Article 8. Effective date These Regulations shall come into force on the date of their publication in the Gazette of Eritrean Laws. Done at Asmara, this 20th day ofSeptember, 2006 Arefayne Berhe Minister of Agriculture 3