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Papua New Guinea Consolidated Legislation |
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 22 January 2004.
.........
Legislative Counsel
Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. of 1998.
Forestry Regulation 1998
ARRANGEMENT OF SECTIONS.
Forestry Regulation 1998
MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Forestry Act 1991, to be deemed to have come into operation on 24 January 1996.
Dated 200 .
In this Regulation, unless the contrary intention appears–
“forest industry activities” means any commercial activities within Papua New Guinea directly connected with–
(a) harvesting or processing timber or rattan; or
(b) buying unprocessed timber or rattan for processing or export; or
(c) selling or, on behalf of another person or other persons, arranging or procuring the sale or purchase of, timber or rattan (whether unprocessed or processed but not including manufactured items made from timber or rattan materials), by a person where the timber or rattan harvest, processed, purchased, sold or arranged or procured to be purchased or sold, by that person in a calendar year exceeds–
(i) 500m3 in volume; or
(ii) in the case of sandalwood or rattan–K20,000 in market value;
“repealed Acts” means the Acts referred to in Section 136 of the Act.
A Notification in the National Gazette of a dedication of Government land as a National Forest under Section 3 of the Act shall be in Form 1 of Schedule 1.
(1) A declaration by the Minister pursuant to Section 4 of the Act in the National Gazette declaring any trees or members of any species or class of tree to be reserved trees shall be in Form 2 of Schedule 1.
(2) A person, who wilfully destroys or damages any tree or member of any species or class of trees declared to be reserved trees under Section 4 of the Act, is guilty of an offence.
Penalty: A fine not exceeding K10,000.00.
The Authority may, in accordance with the following procedure, enter into agreements for the carrying out of the purposes of the Act:–
(a) in the case of a Forest Management Agreement, project agreement or any agreement which, if made between private persons, would by law be required to be in writing and under seal–by affixing the seal in accordance with Section 5(3) of the Act;
(b) any agreement which if made between private persons, would by law be required to be in writing signed by the parties–in writing signed by the Chairman and another member of the Board pursuant to a resolution of the Board or by any two officers of the National Forest Service authorized by the Board; and
(c) any agreement which, if made between private persons, would by law be valid although nor reduced into writing–orally by any member of the Board pursuant to a resolution of the Board or by any officer of the National Forest Service authorized by the Board to do so.
Any direction to the Authority by the Minister under Section 7(2) of the Act shall be in Form 3 of Schedule 1.
A grant of leave of absence by the Chairman to a member or alternate member of the Board under Section 13(1) of the Act shall be in Form 4 of Schedule 1.
A grant of leave of absence by the Minister to the Chairman or Deputy Chairman of the Board under Section 13(2) of the Act shall be in Form 5 of Schedule 1.
A resignation of office by a Board member or alternate member under Section 14(1) of the Act shall be in Form 6 of Schedule 1.
A termination of a Board Member or Alternate Member by the Minister under Section 14(2) of the Act shall be in Form 7 of Schedule 1.
A notice of intention by the National Executive Council to a member or alternate member of the Board that it intends to terminate his appointment under Section 14(4) of the Act shall be in Form 8 of Schedule 1
A representation to the National Executive Council from the Chairman, Deputy Chairman, Member or Alternate Member of the Board under Section 14(5) of the Act shall be in Form 9 of Schedule 1.
A termination by the National Executive Council of the appointment of the Chairman, Deputy Chairman, Member or Alternate Member of the Board of the Forest Authority under Section 14(5) shall be in Form 10 of Schedule 1.
A determination of the Board to convene a meeting of the Board under Section 16(1) of the Act shall be in Form 11 of Schedule 1.
The convening of a Board meeting pursuant to a direction by the Chairman or Deputy Chairman of the Board under Section 16(1) of the Act shall be in Form 12 of Schedule 1.
A request by the Minister to the Chairman or Deputy Chairman of the Board to convene a meeting of the Board under Section 16(2) of the Act shall be in Form 13 of Schedule 1.
A request by not less than two members of the Board to the Chairman or Deputy Chairman of the Board to convene a meeting of the Board under Section 16(2) of the Act shall be in Form 14 of Schedule 1.
The convening of a Board meeting by the Chairman or Deputy Chairman pursuant to a request by the Minister under Section 16(2) of the Act shall be in Form 15 of Schedule 1.
The convening of a Board meeting by the Chairman or Deputy Chairman pursuant to a request by two or more members of the Board under Section 16(2) of the Act shall be in Form 16 of Schedule 1.
A request by the Minister to the Chairman or Deputy Chairman of the Board to convene a meeting of the Board under Section 16(4) of the Act shall be in Form 17 of Schedule 1.
The convening of a Board meeting by the Managing Director pursuant to a request to the Board by the Minister under Section 16(5) of the Act shall be in Form 18 of Schedule 1.
[2]A delegation by the Minister of all or any of his powers and functions under Section 19(1) of the Act to the Board shall be in Form 20 of Schedule 1.
[3]A delegation by the Board of all or any of its powers and functions under Section 19(2) of the Act to the Managing Director shall be in Form 21 of Schedule 1.
A letter of Transmittal by the Board to the Minister of an Annual Report of the Board under Section 20(1) of the Act shall be in Form 22 of Schedule 1.
A letter of Transmittal by the Minister to a Provincial Government of an Annual Report of the Board under Section 20(2)(b) of the Act shall be in Form 23 of Schedule 1.
A notification in the Provincial gazette of an appointment of members and alternate members of a Provincial Forestry Management Committee under Section 22(2) and 23(1) of the Act shall be in Form 24 of Schedule 1.
A notification in the Provincial gazette of an appointment of members of a Provincial Forest Management Committee under Section 22(2) of the Act shall be in Form 25 of Schedule 1.
A revocation of appointment and appointment of a member of a Provincial Forest Management Committee under Section 22(2) of the Act to be notified in the provincial gazette shall be in Form 26 of Schedule 1.
A revocation of appointment and appointment of an alternate member of a Provincial Forest Management Committee under Section 22(2) of the Act to be notified in the provincial gazette shall be in Form 27 of Schedule 1.
A grant of leave of absence by the Chairman of a Provincial Forest Management Committee to a member or alternate member of the Committee under Section 24(1) of the Act shall be in Form 28 of Schedule 1.
A grant of leave of absence by the Chairman of the Board to the Chairman of a Provincial Forest Management Committee under Section 24(2) of the Act shall be in Form 29 of Schedule 1.
The resignation of office by a member or alternate member of a Provincial Forest Management Committee under Section 25(1) of the Act shall be in Form 30 of Schedule 1.
The termination of a member or alternate member of a Provincial Forest Management Committee by the Chairman of the Board under Section 25(2) of the Act shall be in Form 31 of Schedule 1.
A request to the Board by a body which has nominated a member or alternate member to a Provincial Forest Management Committee to terminate the appointment under Section 25(3) of the Act shall be in Form 32 of Schedule 1.
A termination by the Board of the appointment of a member or alternate member of a Provincial Forest Management Committee under Section 25(3) of the Act shall be in Form 33 of Schedule 1.
A notice of intention by the Chairman of the Board to a member or alternate member of a Provincial Forest Management Committee that he intends to terminate his appointment under Section 25(4) of the Act shall be in Form 34 of Schedule 1.
A representation to the Chairman of the Board from a member or alternate member of a Provincial Forest Management Committee under Section 25(5) of the Act shall be in Form 35 of Schedule 1.
The termination by the Chairman of the Board of the appointment of a member or alternate member of a Provincial Forest Management Committee under Section 25(5) or 25(6) of the Act shall be in Form 36 of Schedule 1.
A determination by the Chairman of a Provincial Forest Management Committee to convene a meeting of the Committee under Section 27(1) of the Act shall be in Form 37 of Schedule 1.
A request to the Chairman of a Provincial Forest Management Committee by the Board or the Managing Director of the National Forest Service to convene a meeting of the Committee under Section 27(2) of the Act shall be in Form 38 of Schedule 1.
A request to the Chairman of a Provincial Forest Management Committee by not less than two members to convene a meeting of the Committee under Section 27(2) of the Act shall be in Form 39 of Schedule 1.
The convening of a Provincial Forest Management Committee by the Chairman of the Provincial Forest Management Committee pursuant to a request by the Board or Managing Director of the National Forest Service or by not less than two members of the Provincial Forest Management Committee under Section 27(2) of the Act shall be in Form 40 of Schedule 1.
A Provincial Forest Management Committees notice to the owner of a Forest Resource under Section 28(3) of the Act shall be in Form 41 of Schedule 1.
A delegation of a Provincial Forest Management Committee’s functions to the National Forest Service under Section 30(2) of the Act shall be in Form 42 of Schedule 1.
A letter of transmittal of an Annual Report of a Provincial Forest Management Committee under Section 31(1) of the Act shall be in Form 43 of Schedule 1.
An Annual Report of a Provincial Forest Management Committee under Section 31(1) of the Act shall be in Form 44 of Schedule 1.
A letter of Transmittal of an Annual Report of a Provincial Forest Management Committee by the Chairman of the Board to the Minister and the Chairman of the Committee in the Provincial Executive Council responsible for Forestry Functions in a Provincial Government under Section 31(2) of the Act shall be in Form 45 of Schedule 1.
The establishment of an Advisory Committee of the Board under Section 32 of the Act shall be in Form 46 of Schedule 1.
The appointment of a person to an Advisory Committee of the Board under Section 32(2)(a) of the Act shall be in Form 47 of Schedule 1.
The Board’s advice to the Minister on other functions of the Managing Director under Section 35(2) of the Act shall be in Form 48 of Schedule 1.
A determination by the Minister for Forests on other functions to be carried out by the Managing Director under Section 35(2) of the Act shall be in Form 49 of Schedule 1.
A delegation of powers by the Managing Director under Section 35(3) of the Act shall be in Form 50 of Schedule 1.
(1) Subject to the Salaries and Conditions Monitoring Committee Act 1988, the terms and conditions of employment of officers of the National Forest Service, excluding the Managing Director–
(a) may provide for the employment of certain officers under a contract of employment for a specified term; and
(b) shall otherwise be as determined by the Board.
(2) Subject to the Salaries and Conditions Monitoring Committee Act 1988, the provision for a superannuation or other retirement benefits scheme to provide benefits for the staff, the provision for a home ownership scheme for citizen officers and disciplinary procedures including the creation and abolition of offices and the promotion of officers shall be as determined by the Board.
The Minister’s consultation with the Board on a proposed appointment of the Consultant under Section 40 of the Act shall be in Form 51 of Schedule 1.
The Board’s and the Managing Director’s advice to the Minister on a proposal by the Minister to appoint a consultant under Section 40 of the Act shall be in Form 52 of Schedule 1.
An appointment of a Consultant by the Minister under Section 40 of the Act shall be in Form 53 of Schedule 1.
A Board’s recommendation to the Minister to appoint Forest Officers under Section 41(1) of the Act shall be in Form 54 of Schedule 1.
An instrument of appointment of Forest Officers by the Minister under Section 41(1) of the Act shall be in Form 55 of Schedule 1
A Board’s recommendation to the Minister to appoint Forest Inspectors under Section 41(2) of the Act shall be in Form 56 of Schedule 1.
An instrument of appointment of Forest Inspectors by the Minister under Section 41(2) of the Act shall be in Form 57 of Schedule 1.
The Minister consultation with the Board on a proposed establishment of a State Marketing Agency under Section 42(1) of the Act shall be in Form 58 of Schedule 1.
The Board’s advice to the Minister on the Minister’s proposal to establish a State Marketing Agency shall be in Form 59 of Schedule 1.
A determination by the Board for the management, staffing and control of a State Marketing Agency established as a division of the National Forest Service by the Minister under Section 42(2) of the Act shall be in Form 60 of Schedule 1.
An establishing of a State Marketing Agency as a Division of the National Forest Service by the Minister or otherwise under Section 42(1) of the Act shall be in Form 61 of Schedule 1.
A Notice to the Minister for Finance of the Board’s intention to execute a Project Agreement and seeking the Minister for Finance’s approval under Section 61(2) of the Public Finances (Management) Act 1995 shall be in Form 62 of Schedule 1.
An approval by the Minister for Finance for the Board to execute a Project Agreement under Section 61(2) of the Public Finances (Management) Act 1995 shall be in form 63 of Schedule 1.
A Notice to the Minister for Finance of the Board’s intention to execute a contract (other than a project agreement) and seeking the Minister for Finance’s approval under Section 61(2) of the Public Finances (Management) Act 1995 shall be in Form 64 of Schedule 1.
An approval by the Minister for Finance for the Board to execute a contract (other than a project agreement) under Section 61(2) of the Public Finances (Management) Act 1995 shall be in Form 65 of Schedule 1.
(1) A National Forest Inventory referred to in Section 47(2)(b) of the Act shall include the following particulars:–
(a) a precise description of those parts of the national forest estate which are deemed suitable for long term sustainable management by location, type, area and estimated merchantable volume;
(b) a description of the national forest estate presenting broad details of all forests by location, type and area;
(c) such other particulars as the Board may specify from time to time.
(2) The content of the National Forest Inventory shall be revised from time to time to take account of known changes in the nature and size of the national forest resource, data obtained from successive or more detailed forest resource assessments and knowledge obtained through forest research.
(3) A document purporting to be the National Forest Inventory or a revision thereof shall be of no force and effect unless it has been certified as such by the Chairman pursuant to a resolution of the Board to the effect that the Board is satisfied that the information contained therein is the best available at the time and is suitable for inclusion in the Inventory.
(4) A certificate certifying a National Forest Inventory under Section 47(2)(b) of the Act shall be in Form 66 of Schedule 1.
(5) Within 30 days of certification under Subsection (4), the Authority shall make and offer for sale to the public, at a price determined by the Managing Director, printed copies of the National Forestry Inventory or a revision thereof, and the Authority may make and offer for sale to the public consolidated copies of the Inventory and revisions thereof on such occasions as it sees fit.
(6) An Annual Statement by the Board of allowable cut volumes under Section 47(2)(c)(iii) of the Act shall be in Form 67 of Schedule 1.
A transmittal by the Chairman of the Board to the Minister under Section 48 of the Act of a National Forest Plan shall be accompanied by a letter of transmittal in Form 68 of Schedule 1.
A submission to the National Forest Board of a copy of a Provincial Forest Plan or a renewal thereof pursuant to Section 50(1) of the Act shall be in Form 69 of Schedule 1.
A referral by the Board to a Provincial Government of a Provincial Forest Plan under Section 50(2) of the Act shall be in Form 70 of Schedule 1.
A re-submission by the Minister responsible for forestry functions in a Provincial Executive Council of a Provincial Government to the Board of a Provincial Forest Plan under Section 50(3) of the Act shall be in Form 71 of Schedule 1.
A notification by the Board under Section 51(a) of the Act to the Chairman of the Committee of the Provincial Executive Council responsible for forestry functions in a Provincial Government that the Provincial Forest Plan is consistent with the National Forestry Development Guidelines shall be in Form 72 of Schedule 1.
A letter of transmittal by the Board to the Minister of a Provincial Forest Plan shall be in Form 73 of Schedule 1.
A declaration by the Managing Director of a restricted area under Section 52 of the Act shall be in Form 74 of Schedule 1.
A burning permit issued by a Forest Officer under Section 53 of the Act shall be in Form 75 of Schedule 1.
An application for a burning permit shall–
(a) be in Form 76 of Schedule 1; and
(b) contain the information and particulars specified in the form or as are required in any particular case by the Managing Director.
A Forest Management Agreement under Section 58 of the Act shall contain those particulars as set out in Section 58 of the Act and such other particulars as the Board may specify from time to time.
The approval of the Minister to a Forest Management Agreement under Section 56(2) of the Act shall be in Form 77 of Schedule 1.
A Board request to the Minister to approve a Forest Management Agreement under Section 56(2) of the Act shall be in Form 78 of Schedule 1.
A certificate from a Provincial Forest Management Committee under Section 58(f) of the Act shall be in Form 79 of Schedule 1 and shall be annexed to a Forest Management Agreement referred to in Section 58 of the Act.
To enable the Board to carry out its obligation under Section 59 of the Act to consult with those persons and Provincial Government referred to in Section 59 of the Act the Board shall forward to such persons and Provincial Government a Notice in Form 80 of Schedule 1.
The Board’s direction to the National Forest Service or a contractor to carry out development options studies over a proposed project area under Section 62(1) of the Act shall be in Form 81 of Schedule 1.
A request by the Board to a Provincial Forest Management Committee requiring the Provincial Forest Management Committee to give the Board directions on the carrying out of a Development Options Study shall be in Form 82 of Schedule 1.
A provincial Forest Management Committee’s direction to the Board under Section 62(3)(b) of the Act shall be in Form 83 of Schedule 1.
(1) The provision by the Board to the Minister and the Provincial Forest Management Committee of true copies of a development option study under Section 62(4) of the Act shall be in Form 84 of Schedule 1.
(2) Any person may on payment of the prescribed fee in Schedule 3, make application in Form 232 of Schedule 1 to the National Forest Service for a copy of a development option study.
A submission by a Provincial Forest Management Committee to the Board of draft project guidelines under Section 63(2) of the Act shall be in Form 85 of Schedule 1.
(1) The issuing of final project guidelines by the Board under Section 63(2) of the Act shall be in Form 86 of Schedule 1.
(2) Any person may on payment of the prescribed fee in Schedule 3, make application in Form 232 of Schedule 1 for a copy of final Project Guidelines for a Forest Development Project.
(1) The Registration of an Expression of interest in a Forest Development Project and the lodgement of a Project Proposal under Section 64 of the Act from a registered forestry industry participant shall be in Form 87 of Schedule 1 and both the Expression of Interest and Project Proposal must be lodged together in accordance with the manner and procedures as determined by the Board and as set out in any public advertisement calling for tenders to lodge Expressions of Interest in a Forest Development Project and to lodge Project Proposals.
(2) Where the Board has determined under Section 64(3) of the Act to consider Expressions of Interest in a Forest Development Project and Project Proposals without advertisement for open tender then such expressions of interest and project proposals shall be lodged together directly with the Managing Director and shall be in Form 92 of Schedule 1.
(3) The fee payable on lodging an expression of interest and accompanied project proposal under Section 66 of the Act shall be as specified in Schedule 3.
[4]An invitation by the Board under Section 64(3) to a registered forest industry participant who is the holder of a timber permit to lodge an expression of interest and project proposal shall be in Form 88 of Schedule 1.
The Managing Director’s grant of permission under Section 65 of the Act shall be in Form 90 of Schedule 1.
(1) An application under Section 65 of the Act by a registered forest industry participant or consultant to enter a project area and carry out those activities referred to in Section 65 of the Act shall be in Form 91 of Schedule 1.
(2) The fee payable on making an application under Section 65 of the Act shall be as specified in Schedule 3.
(1) A project proposal referred to in Section 66 of the Act shall be accompanied by the following particulars:–
(a) a description of the proposed use of the forest resource;
(b) the proposed forest harvesting methods;
(c) details of employment potential in relation to the project;
(d) detailed financial analysis in relation to the project including projected revenue flows, cost flows, particulars of debt servicing and rates of return;
(e) an undertaking and guarantee that the proponents will comply with contemporary environmental control standards and the Authority’s Manuals titled “Planning, Monitoring and Control Procedures for Natural Forest Logging Operations under a Timber Permit”, “P.N.G. Logging Code of Practice” and “Procedures for Exporting Logs” (or any revisions thereof);
(f) detailed description and independent valuation of the proponents proposals for landowner benefits;
(g) details of proposed measures to implement the principles of sustainable forest management which shall include but are not limited to all of the following:–
(i) resource replacement;
(ii) selective logging;
(iii) enrichment planting;
(iv) harvesting practices;
(v) reforestation;
(h) a copy of certificate of registration as a forest industry participant;
(i) supporting documentation from the proponents Bankers, financiers or others confirming the ability of the proponent to undertake the proposed project;
(j) the name, postal address, address for service in Papua New Guinea of legal process, telephone number and facsimile number of the proponent;
(k) where the proponent is a corporate person–
(i) the shareholding structure; and
(ii) the name, office or position held in the company, nationality, place of residence, details of formal qualifications, relevant work experience of, and other current or prior offices held by, each director, office-bearer or senior management executive; and
(iii) the proponents experience in proposals of a similar nature;
(l) the name, address, telephone and facsimile number of the applicant’s bankers;
(m) any permit, licence or timber authority applied for or held by the Proponent;
(n) where the proponent is a corporate person–
(i) a copy of the certificate of incorporation; and
(ii) the shareholding structure of any incorporated shareholders;
(o) audited financial statements for the year ending 31 December previously; and
A reference of a project proposal by the Managing Director under Section 67(1) of the Act to a Provincial Forest Management Committee for evaluation shall be in Form 93 of Schedule 1.
An invitation by a Provincial Forest Management Committee under Section 68(1) of the Act to a proponent to provide further information shall be in Form 94 of Schedule 1.
A Provincial Forest Management Committees report and recommendations to the Board under Section 69 of the Act shall be in Form 95 of Schedule 1.
The Board’s consultation with the Minister on a report and recommendation of a Provincial Forest Management Committee under Section 70(1)(a) of the Act shall be in Form 96 of schedule 1.
The Minister views on Provincial Forest Management Committee’s reports and recommendations and on the Board’s views under Section 70(a) of the Act shall be in Form 97 of Schedule 1.
A direction by the Board to the Provincial Forest Management Committee under Section 70(1)(b) of the Act shall be in Form 98 of Schedule 1.
The Board’s recommendation to the Provincial Forest Management Committee on the parameters within which negotiations should be conducted and recommendations on the composition of a negotiating committee under Section 70(1)(c) and (d) of the Act shall be in Form 99 of Schedule 1.
The recommendations to the Board by the Provincial Forest Management Committee on the parameters within which negotiations should be conducted and of the composition of a negotiating committee under Section 70(1)(c) and (d) of the Act shall be in Form 100 of Schedule 1.
The Board’s determination of the parameters within which negotiations shall be conducted and on the composition of a negotiating committee under Section 70(1)(c) and (d) of the Act shall be in Form 101 of Schedule 1.
Where the Provincial Forest Management Committee are unable to submit to the Board a final draft or further final draft of a project agreement as required by Section 71 or 72 of the Act the Provincial Forest Management Committee shall advise the Board of the reasons why negotiations have failed in Form 102 of Schedule 1.
A submission to the Board by a Provincial Forest Management Committee under Section 71(b) of the Act of a final draft of a project agreement to the Board shall be in Form 103 of Schedule 1.
A recommendation by the Board to the Minister under Section 72(1)(b)(ii) of the Act to grant a timber permit shall be in Form 104 of Schedule 1.
A referral from the Board to the Provincial Forest Management Committee under Section 72(1)(c) of the Act shall be in Form 105 of Schedule 1.
A submission of a further final draft project agreement under Section 72(2) of the Act by a Provincial Forest Management Committee to the Board shall be in Form 106 of Schedule 1.
An invitation by the Minister under Section 73(1) or Section 75(1) of the Act to a person to make an application under Section 77 of the Act for the grant of a timber permit shall be in Form 107 of Schedule 1.
The Minister’s notification to the Board under Section 73(4) of the Act of his non-acceptance of a Board recommendation made under Section 72(1)(b)(ii) of the Act shall be in Form 108 of Schedule 1.
A final recommendation by the Board to the Minister under Section 74 of the Act to grant a timber permit shall be in Form 109 of Schedule 1.
The Minister’s referral to the National Executive Council of a recommendation of the Board to grant a timber permit under Section 75(2) of the Act shall be in Form 110 of Schedule 1.
A direction of the National Executive Council to the Minister to accept the recommendation of the Forest Authority to grant a timber permit under Section 76 of the Act shall be in Form 111 of Schedule 1.
A direction of the National Executive Council to the Minister to reject the recommendation of the Board of the Forest Authority to grant a timber permit under Section 76 of the Act shall be in Form 112 of Schedule 1.
The Minister’s advice to the Board made pursuant to Section 76(2)(b) of the Act of a National Executive Council direction to the Minister to accept the recommendation of the Board of the Forest Authority to grant a timber permit shall be in Form 113 of Schedule 1.
The Minister’s advice to the Board made pursuant to Section 76(2)(b) of the Act of a National Executive Council direction to the Minister to reject the recommendation of the Board of the Forest Authority to grant a timber permit shall be in Form 114 of Schedule 1.
A timber permit under Section 73 of the Act shall–
(a) be in Form 115 of Schedule 1; and
(b) contain such conditions as are provided for in Section 73(2) of the Act and as are specified in Form 115 of Schedule 1.
(1) An application for a timber permit under Section 77(1) of the Act shall be in Form 116 of Schedule 1.
(2) An application for a timber permit shall contain the information and particulars as required under Section 77(2) of the Act and as are specified in Form 116 of Schedule 1 and an approval of the environmental plan referred to in Section 77(2)(c)(iii) of the Act by the National Executive Council under Section 18 of the Environmental Planning Act 1978.
(3) The fee payable on an application for a timber permit shall be as specified in Schedule 3.
The return of an application for a timber permit by the Managing Director under Section 77(1) of the Act shall be in Form 117 of Schedule 1.
A timber permit extension or renewal of term under Section 78(4) of the Act shall–
(a) be in Form 118 of Schedule 1; and
(b) contain such conditions as provided for in Section 78 of the Act and as are specified in Form 118 of Schedule 1.
The return of an application for an extension or renewal of the term a timber permit by the Managing Director under Section 78(1) of the Act shall be in Form 119 of Schedule 1.
(1) An application for an extension or renewal of a term of a timber permit under Section 78(2) of the Act shall be in Form 120 of Schedule 1.
(2) An application for extension or renewal of a timber permit shall not be considered by the Board until the information and particulars as are specified in Section 78(3) of the Act have been obtained and any application must contain a brief submission setting out why the extension or renewal is desired.
(3) An application must be lodged no later than 90 days before the expiry of the timber permit.
(4) The fee payable on an application for an extension or renewal of term shall be as specified in Schedule 3.
A Board request to a Provincial Forest Management Committee under Section 78(3) of the Act shall be in Form 121 of Schedule 1.
A report to the Board by a Provincial Forest Management Committee on an application for an extension or renewal of the term of a timber permit extension under Section 78(3) of the Act shall be in Form 122 of Schedule 1.
A rejection by the Board of an application for an extension or renewal of term of a timber permit under Section 78(4) of the Act shall be in Form 123 of Schedule 1.
A recommendation from the Board to the Minister under Section 78(4) of the Act to extend or renew the term of a timber permit shall be in Form 124 of Schedule 1.
A Board notice to a holder of a timber permit that it requires an amendment to a timber permit under Section 79(3) of the Act shall be in Form 125 Schedule 1
A Notice by the Managing Director of the Ministers approval under Sections 81(1) and 83(1) of the Act of a transfer of a timber permit shall be in Form 126 of Schedule 1.
A Notice by the Managing Director of the Minister’s approval under Section 81(1) and 83(1) of the Act of a surrender of a timber permit shall be in Form 127 of Schedule 1.
A notice by the Managing Director of the Minister’s approval under Section 81(1) and 83(1) of the Act of an amendment of a timber permit shall be in Form 128 of Schedule 1.
The Minister’s approval of a transfer, surrender or amendment of a timber permit shall contain such conditions as are provided for in Section 81 of the Act and as are specified in the relevant forms.
(1) An application under Section 79(1) of the Act for the transfer, amendment or surrender of a timber permit shall–
(a) be in Form 129 of Schedule 1; and
(b) contain the information and particulars as specified in Form 129 of Schedule 1.
(2) The fee payable on an application to transfer, amend or surrender a timber permit shall be as specified in Schedule 3.
A return by the Managing Director of an application to transfer, amend or surrender a timber permit under Section 79(1) of the Act shall be in Form 130 of Schedule 1.
A recommendation from the Board to the Minister under Section 80(b) of the Act for the grant of a transfer amendment or surrender of a timber permit shall be in Form 131 of Schedule 1.
The approval of the Minister to the Board under Section 81(1) of the Act of a recommendation of the Board to a transfer, amendment or surrender of a timber permit shall be in Form 132 of Schedule 1.
A referral from the Minister under Section 81(3) of the Act to the Board for its reconsideration shall be in Form 133 of Schedule 1.
After a reconsideration of the application a final recommendation from the Board to the Minister under Section 82 of the Act in respect of the transfer, amendment or surrender of a timber permit shall be in Form 134 of Schedule 1.
The approval of the Minister under Section 83(1) of the Act of a final recommendation of the Board to a transfer amendment or surrender of a timber permit shall be in Form 135 of Schedule 1.
The Minister’s referral of an application for the transfer, amendment or surrender of a timber permit to the National Executive Council under Section 83(3) of the Act shall be in Form 136 of Schedule 1.
Directions of the National Executive Council to the Minister to accept the recommendation of the Board of the Forest Authority for a transfer, amendment or surrender of a timber permit under Section 84 of the Act shall be in Form 137 of Schedule 1.
Directions of the National Executive Council to the Minister to reject the recommendation of the Board of the Forest Authority for a transfer, amendment or surrender of a timber permit under Section 84 of the Act shall be in Form 138 of Schedule 1.
The Minister’s advice to the Board and the Holder of a timber permit pursuant to Section 84(2)(a) of the Act of a National Executive Council direction to the Minister to accept the recommendation of the Board of the Forest Authority for the transfer, amendment or surrender of a timber permit shall be in Form 139 of Schedule 1.
The Minister’s advice to the Board and the Holder of a timber permit pursuant to Section 84(2)(a) of the Act of a National Executive Council direction to the Minister to reject the recommendation of the Board of the Forest Authority for the transfer, amendment or surrender of a timber permit shall be in Form 140 of Schedule 1.
Suspension of rights in a timber permit, timber authority or a licence under Section 85 of the Act shall be in accordance with Form 141 of Schedule 1.
A notice of intention under Section 85(2) of the Act to suspend rights under a timber permit, timber authority or licence shall be in accordance with Form 142 of Schedule 1.
A request by the holder of a timber permit, timber authority or licence under Section 85(4) of the Act to be heard shall be in Form 143 of Schedule 1.
An application by the holder of a timber permit, timber authority or licence under Section 85(5) of the Act to re-instate rights suspended under Section 85 of the Act shall be in Form 144 of Schedule 1.
A recission of a notice under Section 85(4) of the Act of suspension by the Managing Director shall be in Form 145 of Schedule 1.
The re-instatement of rights suspended under a timber permit, timber authority or licence by the Managing Director under Section 85(5) shall be in Form 146 of Schedule 1.
Cancellation of a timber permit under Section 86 of the Act by the Minister shall be in accordance with Form 147 of Schedule 1.
A notice of intention under Section 86(3) to cancel a timber permit shall be in Form 148 of Schedule 1.
Representations by the holder of a timber permit under Section 86(3)(b) of the Act shall be in Form 149 of Schedule 1.
A request by the holder of a timber permit under Section 86(4) of the Act to be heard shall be in Form 150 of Schedule 1.
A report to the Board by the Managing Director pursuant to Section 86(7) (a) of the Act of a hearing under Section 86(4) of the Act shall be in Form 151 of Schedule 1.
Where there has been no representations by a holder of timber permit under Section 86(3) of the Act or a request to be heard under Section 86(4) of the Act the Managing Director shall make a report to the Board in Form 152.
Recommendations by the Board to the Minister under Section 86(7)(b) shall be in Form 153 of Schedule 1.
Where there has been no representation made by the holder of a timber permit under Section 86(3) of the Act or a request to be heard under Section 86(4) of the Act the Board shall advise the Minister in Form 154 of Schedule 1.
A timber authority under Section 87 of the Act and which is to harvest less than 5000m3 per year by selection logging for domestic processing shall be in Form 155 of Schedule 1 and shall be subject to all of the conditions set out in that Form.
(1) An application for a timber authority under Section 88 of the Act shall, where the application is to harvest not more than 5000m3 per year by selection logging for domestic processing, be in Form 156 of Schedule 1 and contain the particulars as set out in that Form and shall have attached to such application the following documentation:–
(a) a Verification of Ownership and consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase Agreement between the applicant and the customary owners, which relates to the purchase, harvesting, processing or marketing of timber and other forest products from the project area and such Agreement shall be in Form 166 of Schedule 1;
(c) contain those particulars as set out in Section 88(c) of the Act.
(2) The fee payable on an application for a timber authority under this Regulation shall be as specified in Schedule 3.
(1) A timber authority under Section 87 of the Act and which is for roadline clearance shall be in Form 157 of Schedule 1 and shall be subject to all of the conditions as set out in that Form.
(2) The maximum roadline corridor which may be cleared under a single timber authority for this purpose shall not exceed–
(a) corridor length–the length of road planned to be constructed in the particular timber authority period; and
(b) corridor width–40 metres and such said width shall not be more than 20 metres on either side of the centre of the road.
(3) Any grant of a timber authority for roadline clearance shall be granted for the period of the total roadline clearance project.
(4) A timber authority granted for forest clearance for road construction may be suspended where–
(a) construction of the road in the corridor cleared under the timber authority is not progressing according to the Department of Transport and Work’s approved implementation schedule; or
(b) the applicant has not provided the Authority with a certificate from the Department responsible for road works matters confirming that the length of road constructed in the roadline cleared in accordance with any stage of an implementation schedule meets the road construction standards of that Department.
(5) The construction of new public roads through forested area shall not be funded by the logging of a wide forest corridor, and the timber authority shall prescribe that forest clearance for road construction shall only be authorized in stages in order to ensure actual construction takes place. An applicant for a timber authority must satisfy the Managing Director that he is able to fund the roadline clearance and for this purpose the applicant may factor into their financial proposals estimates of income to the resource owners and themselves from the projected sale of forest resources.
(6) Before a timber authority is processed by the Forest Authority, the relevant Provincial Government must confirm in writing that the proposed road is on the National and or Provincial transport plan and that it agrees with the road being built, and that where it is to be responsible for the roads maintenance, it can afford to maintain the road.
(1) An application for a timber authority under Section 88 of the Act shall, where the application is to harvest logs for commercial use from forest clearing operations, be in Form 158 of Schedule 1 and shall have attached to such application the following documentation:–
(a) a Verification of Ownership and consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase Agreement between the applicant and the customary owners, which relates to the purchase, harvesting, processing or marketing of timber and other forest products from the project area and such Agreement shall be in form 166 of Schedule 1;
(c) contain those particulars as set out in Section 88(c) of the Act.
(2) The fee payable on an application for a timber authority under this Regulation shall be as specified in Schedule 3.
(1) A timber authority under Section 87 of the Act and which is for agricultural or other land use shall be in Form 159 of Schedule 1 and shall be subject to all of the conditions as set out in that Form.
(2) Any grant of a timber authority for agricultural or other land use shall be granted for the period of the total agriculture or other land use project.
(3)[6] [Repealed.]
(4) A further stage under the same Timber Authority may only be granted for the same purposes of forest clearance for agriculture or other land use where all conditions relating to an agricultural development plan implementation schedule have been satisfied.
(5) A timber authority granted for agriculture and other land use may be suspended where–
(a) the planned land use is not progressing according to the Department of Agriculture and Livestock approved implementation Schedule; or
(b) the applicant has not provided the Authority with a certificate from the Department responsible for Agriculture and Livestock confirming that the requirements of agriculture contained in the timber authority are in accordance with any stage of an implementation schedule and meets the standards of that Department.
(6) An applicant for a timber authority for agriculture or other land use must satisfy the Managing Director that it is able to fund the agriculture or other land use project and for this purpose the applicant may factor into their financial proposals estimates of income to the resource owners and themselves from the projected sale of forest resources.
(1) An application for a timber authority under Section 88 of the Act shall, where the application is to harvest logs for commercial use from forest clearing operations for agricultural or other land use development (except roadline clearance), be in Form 160 of Schedule 1 and shall have attached to such application the following documentation:–
(a) a verification of ownership and consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase Agreement between the applicant and the customary owners which relates to the purchase, harvesting, processing or marketing of timber and other forest products from the project area and shall be in Form 166 of Schedule 1;
(c) contain those particulars as set out in Section 88(c) of the Act.
(2) The fee payable on an application for a timber authority under this Regulation shall be as specified in Schedule 3.
A timber authority under Section 87 of the Act and which is for the harvesting of other forest products other than plantation material shall be in Form 161 of Schedule 1 and shall be subject to all of the conditions as set out in that Form.
(1) An application for a timber authority under Section 88 of the Act, where the application is to harvest forest products other than timber, shall be in Form 162 of Schedule 1 and shall have attached to such application the following documentation:–
(a) a verification of ownership and consent of landowners form which shall be in Form 165 of Schedule 1;
(b) a copy of a Sale and Purchase Agreement between the applicant and the customary owners which relates to the purchase, harvesting, processing or marketing of timber and other forest products from the project area and shall be in Form 166 of Schedule 1;
(c) contain those particulars as set out in Section 88(c) of the Act.
(2) The fee payable on an application for a timber authority under this Regulation shall be as specified in Schedule 3.
A timber authority to harvest plantation material on Government, State leasehold, private leasehold or private freehold land under Section 87 of the Act shall be in Form 163 of Schedule 1.
(1) An application for a timber authority under Section 88 of the Act where the application is to harvest plantation material on Government, State leasehold, private leasehold or private freehold land shall be in Form 164 of Schedule 1 and shall have attached to such application documentary evidence to satisfaction of the Managing Director of–
(a) the legal ownership of the plantation land and of the plantation material and the consent of the legal owners of the plantation and of the owners of the plantation material where applicable; and
(b) where appropriate and to the satisfaction of the Managing Director, a copy of a Sale and Purchase Agreement between the applicant and the owner of the plantation material which relates to the purchase, harvesting, processing or marketing of plantation material from the project area; and
(c) contain those particulars as set out in Section 88(c) of the Act.
(2) The fee payable on an application for a timber authority under this Regulation shall be as specified in Schedule 3.
Where an application for a timber authority does or does not contain the particulars as required under Section 88 of the Act and those particulars as specified in the relevant form then the Managing Director shall by notice in writing in Form 167 of Schedule 1 advise the applicant accordingly.
A referral of an application by the Managing Director to the Provincial Forest Management Committee under Section 89(1) of the Act shall be in Form 168 of Schedule 1.
The rejection by a Provincial Forest Management Committee of an application for a timber authority under Section 89(4) of the Act shall be in Form 169 of Schedule 1.
(1) A recommendation made under Section 89(4) of the Act by a Provincial Forest Management Committee to the Chairman of the Committee of the Provincial Executive Council responsible for forestry functions shall be in Form 170 of Schedule 1.
(2) A recommendation shall have attached to it a draft timber authority which has been approved by the Provincial Forest Management Committee.
(3) A copy of the recommendation shall be forwarded to the Board and the Managing Director.
(1) A Notice of Intention to issue a timber authority over a project area and requesting consent of the Board to issue a timber authority and made under Section 89(5) of the Act by the Chairman of the Committee of the Provincial Executive Council responsible for forestry functions shall be in Form 171 of Schedule 1.
(2) A copy of the proposed timber authority shall be attached to the Notice of Intention.
The Board’s consent or non-consent under Section 89 of the Act to a grant of a timber authority by the Chairman of the Committee of the Provincial Executive Council responsible for forestry matters shall be in Form 172 of Schedule 1.
A cancellation of a timber authority made under Section 90 of the Act by the Chairman of the Committee of the Provincial Executive Council responsible for forestry functions shall be in Form 173 of Schedule 1.
A Notice of intention by the Chairman of the Committee of the Provincial Executive Council responsible for forestry functions to cancel a timber authority shall be in Form 174 of Schedule 1.
A licence to engage in forest industry activities under Section 91 of the Act shall be in Form 175 of Schedule 1.
A return by the Managing Director of an application for a Licence under Section 91(1) of the Act shall be in Form 176 of Schedule 1.
(1) An application for a licence under Section 92 of the Act shall–
(a) be in Form 177 of Schedule 1; and
(b) contain the information and particulars as required by Section 92 of the Act and those particulars as are specified in Form 177 of Schedule 1 and the particulars set out in Subsection (2).
(2) The particulars referred to Subsection (1)(b) are as follows:–
(a) the proposed felling and logging methods of forest produce;
(b) the proposed methods and arrangements in relation to the transportation of forest produce (if applicable);
(c) the proposed methods and arrangements in relation to the sale and/or purchase of forest produce (if applicable);
(d) the proposed methods and arrangements in relation to the marketing of forest produce (if applicable);
(e) the proposed methods and arrangements in relation to the processing of forest produce (if applicable);
(f) the proposed methods and arrangements in relation to the grading of forest produce (if applicable);
(g) the proposed consulting activities to be undertaken;
(h) any other proposed activities other than those activities specified in subsection (a), (b), (c), (d), (e), (f) and (g);
(i) the proposed forest harvesting methods if applicable;
(j) details of employment potential in relation to the licence;
(k) detailed financial analysis in relation to the licence activities including projected revenue flows, cost flows, particulars of debt servicing and rates of return;
(l) covenant and undertaking of the applicant to comply with contemporary environmental control standards and the Authority’s Manuals titled “Planning, Monitoring and Control Procedures for Natural Forest Logging Operations under a timber permit”, “The Papua New Guinea Logging Code of Practice” and “Procedures for Exporting Logs” (or any revisions thereof);
(m) detailed description and independent valuation of the applicants proposals for landowner benefits (if applicable);
(n) name of proposed contractor;
(o) a copy of certificate of registration as a forest industry participant;
(p) supporting documentation from the applicants Bankers, financiers or others confirming the ability of the applicant to undertake the proposed activities;
(q) the name, postal address, address for service in Papua New Guinea of legal process, telephone number and facsimile number of the applicant;
(r) where the applicant is a corporate person–
(i) the shareholding structure including shareholding structure of any incorporated shareholders; and
(ii) the name, office or position held in the company, nationality, place of residence, details of formal qualifications, relevant work experience of, and other current or prior offices held by, each director, office-bearer or senior management executive; and
(iii) the applicants experience in proposals of a similar nature;
(s) the name, address, telephone and facsimile number of the applicant’s bankers;
(t) any permit, licence or timber authority presently applied for or held by the applicant;
(u) audited financial statements for the year ending 31 December previously;
(v) a copy of the applicants Investment Promotion Authority certificate (if applicable).
(3) The Authority may in additions to the above information and in its discretion, require the applicant to provide further or additional information.
(4) The fee payable on an application for a licence shall be as specified in Schedule 3.
If an application for a licence is not completed or further or additional information is required by the Managing Director before it is referred to the Authority the Managing Director shall return the application to the applicant by using Form 178.
A referral by the Managing Director under Section 93(1) of an application for a licence shall be in Form 179 of Schedule 1.
A Board’s determination to seek assistance from the National Forest Service or any relevant Department in evaluating an application for the issue of a licence under Section 93(3) of the Act shall be in Form 180 of Schedule 1.
A Board determination to reject an application for a licence made under Section 92 of the Act shall be in Form 181 of Schedule 1.
A cancellation by the Minister of a licence under Section 97 of the Act shall be in Form 182 of Schedule 1.
A notice of an intention to cancel a licence under Section 97(3) of the Act shall be in Form 183 of Schedule 1.
Representations by the holder of a licence under Section 97(3)(b) of the Act shall be in Form 184 of Schedule 1.
A request by the holder of a licence under Section 97(4) of the Act to the Board shall be in Form 185 of Schedule 1.
A report to the Board of a hearing under Section 97(4) of the Act shall be in Form 186 of Schedule 1.
Recommendations by the Board to the Minister under Section 97(7)(b) shall be in Form 187 of Schedule 1.
A report by the Managing Director to the Board where there has been no representations made or hearing requested in respect of a proposed cancellation of a licence shall be in Form 188 of Schedule 1.
The Board’s advice to the Minister where he is required to cancel a licence under Section 97(5) of Act shall be in Form 189 of Schedule 1.
An extension of term of a licence to engage in forestry industry activities under Section 95 of the Act shall be in Form 190 of Schedule 1.
(1) An application for an extension of a licence under Section 95 of the Act shall be in Form 191 of Schedule 1 and shall be lodged with the Managing Director not less than 60 days before the expiration of the applicant’s current licence.
(2) The Managing Director shall submit an application lodged under Subsection (1) to the Board together with a report on the performance of the licensee in carrying out the activities authorized by the licence.
(3) The Board shall consider an application submitted to it at its first meeting after it is received and where it is satisfied with the performance of the applicant, shall recommend to the Minister that an extension be granted and the Minister may grant the extension.
(4) Where an application for extension is made more than 60 days in advance of the expiration of the licence and the licensee is not notified of the outcome of the application before the expiration of the licence, the licence shall be deemed to be extended until such notification is made.
(5) Where the Board is not satisfied with the performance of a licence it may–
(a) offer the applicant an opportunity of providing a written explanation of any alleged breach of the licence conditions; and
(b) after considering any explanation provided under Paragraph (a), reject the application by notice in writing to the applicant or recommend its extension.
(6) Where an Incorporated Land Group or other party to a Forest Management Agreement gives written notice to the Managing Director of an alleged breach of the conditions of a licence in respect of activities within the area covered by the Agreement, the Managing Director shall cause an investigation to be made of the allegation and shall submit a report of the investigation to the Board.
(7) The fee for an application for an extension of a licence shall be as specified in Schedule 3.
A rejection by the Managing Director of an application for an extension of term of a licence under Section 95(1) of the Act shall be in Form 192 of Schedule 1.
A rejection of an application by the Board for an extension of term of a licence under Section 95(2) of the Act shall be in Form 193 of Schedule 1.
[7](1) In this section, “holder” means the holder of a timber permit, timber authority, licence, forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development that involves clearance of natural forest.
(2) A performance bond required to be lodged under Section 98 of the Act shall be as agreed to by the Managing Director in the form of either –
(a) an open ended bank guarantee with a commercial bank approved by the Managing Director in which case it shall be in Form 194A of Schedule 1 and shall be in the form of Deed; or
(b) cash lodgement(s) to a current account bearing deposit with a commercial bank approved by the Managing Director in which case it shall be in Form 194B of Schedule 1 or substantially in that form.
(3) Where, under Subsection (2), an open ended bank guarantee is the designated option and the performance bond has been executed by an approved Bank, the holder shall, as soon as practicable, provide to the Authority a stamped original copy of the Deed and a confirmation of lodgement of the performance bond in Form 195A of Schedule 1.
(4) Where, under Subsection (2), cash lodgement(s) to a trust account is the designated option, the following shall apply –
(a) a separate bank account shall be established with a commercial bank within Papua New Guinea;
(b) the Account shall be opened as the Project Performance Bond Account of the particular Project for which the appropriate timber permit, timber authority, licence or Authority has been issued under the Act, with the signatories to be only the Managing Director of PNG Forest Authority, the Secretary of the Department of Environment and Conservation, the Legal Counsel of the National Board Service or independent person(s) authorized by the Board and the authorized representative of the landowners;
(c) bond moneys shall be deposited in the account maintained solely for that purpose and any moneys deposited with the bank pursuant to Section 98 of the Act shall be paid into the account and any interest earned on funds of the account shall form part of the bond moneys;
(d) the holder shall provide copies of quarterly statements of account to the Managing Director of the PNG Forest Authority, the Secretary of the Department of Environment and Conservation, the Legal Counsel or the person(s) authorized by the National Forest Board, and the designated representative of the landowners.
(5) Timber Permits
(a) In respect of a timber permit, the total amount of the performance bond shall be not less than the equivalent of the total of the royalty rate plus the average rate of all landowner premiums and levies payable multiplied by the annual allowable cut divided by two, or, at the discretion of the Board in any particular case, an amount greater that what is specified in this Regulation and expressed in the following: –
P = (A+B) x C /2 where -
P = is the performance bond required
A = is the gross royalty rate payable
B = is the assessed average gross rate of all levies and premiums payable (including project development benefit)
C = is the minimum annual allowable cut.
(b) For the purpose of calculation of the performance bond under Paragraph (a), the following shall apply: –
(i) all levies and premiums payable, including those for log export, shall be assessed on the total minimum annual allowable cut, except that where a levy or premium is specified at different rates for log export and domestic processing, the lesser rate shall apply;
(ii) where calculations are required involving log export price, the price used shall be the published Papua New Guinea average log export price, expressed in PNG Kina as published in the log export monitoring report or equivalent, for the preceding calendar year.
(c) Performance bonds may be lodged within the following time periods: –
(i) where the performance bond is to be lodged under Subsection (2)(a) – within thirty days of issuance of the timber permit; or
(ii) where the performance bond is to be lodged under Subsection (2)(b) – two sixths of the total performance bond amount shall be deposited within thirty days of the issuance of the timber permit and with one sixth of the total performance bond amount to be deposited within thirty days of the start of the calendar year, for each of the four subsequent years following the issuance of the timber permit.
(d) Irrespective of the time of initial performance bond lodgement, the level of performance bond for all timber permits shall be reviewed on a standard five yearly basis, starting from the year 2005, and shall be assessed on the basis of any changes to the prevailing royalty, levy and premium rates’ the level of annual allowable cut and to the published Papua New Guinea average log export price for the calendar year preceding the review.
(e) Changes to the level of performance bond on the basis of the five yearly review shall only be made where an increased amount is required, such changes to be made in the following manner: –
(i) any existing lodgements or bank guarantees to be increased to the revised amount within 30 days of the holder receiving notice from the Managing Director of the new bond payable under this Paragraph;
(ii) any future lodgements required to be increased to the revised amount and paid as and when they fall due.
(6) In respect of forest clearing authorities
(a) In respect of forest clearing authorities and timber authorities, the total amount of the performance bond shall be not less than the equivalent of the total of the royalty rate plus the average rate of all landowner premiums and levies payable multiplied by the total assessed net timber harvest volume or the annual allowable cut, as the case may be, or, at the discretion of the Board in any particular case, an amount greater than what is specified in this Regulation and expressed in the following formula:
P = (A+B)8xCx0.2 where -
P = is the performance bond required
A = is the gross royalty rate payable
B = is the assessed average gross rate of all levies and premiums payable
C = is the assessed net harvestable timber volume or timber authority annual allowable cut.
(b) For the purpose of calculation of the performance bond under Paragraph (a), the following shall apply: –
(i) all levies and premiums payable, including those for log export, shall be assessed on the total annual allowable cut, except that where a levy or premium is specified at different rates for log export and domestic processing, the lesser rate shall apply;
(ii) where calculations are required involving log export price, the price used shall be the published Papua New Guinea average log export price, expressed in PNG Kina as published in the log export monitoring report or equivalent, for the preceding calendar year.
(c) Performance bonds may be lodged within the following time periods: –
(i) where the performance bond is to be lodged under Subsection (2)(a) – within thirty days of issuance of the Forest Clearing Authority or Timber Authority, as the case may be; or
(ii) where the performance bond is to be lodged under Subsections (2)(b) – two sixths of the total performance bond amount shall be deposited within thirty days of the issuance of the Forest Clearing Authority or Timber Authority, as the case may be, and with one sixth of the total performance bond amount to be deposited within thirty days of the start of the calendar year, for each of the four subsequent year following the issuance of the Forest Clearing Authority or Timber Authority, as the case may be.
(7) Authorities to carry out Large Scale Agriculture or other Land Use Development and Authorities to Carry Out Large Scale Roadline Development.
(a) In respect of authorities to carry out large scale agriculture or other land use development or authorities to carry out large scale roadline development, the total amount of the performance bond shall be not less than fifteen percent (15%) of the total capital cost of the agricultural, roading or other land use development proposed or, at the discretion of the Board in any particular case, where the perceived level of risk of the holder or lesser level of performance bond, as specified in this Regulation.
(b) Performance bonds may be lodged within the following time periods: –
(i) where the performance bond is to be lodged under Subsection (2)(a) – within thirty days of issuance of any forest clearing authority; or
(ii) where the performance bond is to be lodged under Subsection (2)(b) – fifty percent (50%) of the total performance bond amount must be deposited prior to the commencement of any forest clearing under a forest clearing authority and the remaining fifty percent (50%) to be deposited within thirty days of the issuance of the authority to carry out large scale agriculture or other land use development or authority to carry out large scale roadline development, as the case may be.
(c) Irrespective of the time of initial performance bond lodgement, the level of performance bond for all authorities to carry out large scale agriculture or other land use development or authorities to carry out large scale roadline development shall be reviewed annually, and adjustments made as follows: –
(i) where development is delayed and progress is deemed to be unsatisfactory, except n the case of the force majeure, the level of bond shall be increased or decreased by the Papua New Guinea Consumer Price Index on the anniversary date of the signing of the Authority for each of the Authority for each of the succeeding years, the amount to be calculated in accordance with the following formula: –
P1 = PxN1/B1
Where -
P1 = is the revised performance bond amount
P = is the amount of performance bond calculated at the time of signing the Authority
N1 = is the Consumer Price Index for Papua New Guinea (All Weighted Urban Average) published by the National Statistical Office of Papua New Guinea in respect of the quarter immediately preceding the particular anniversary date
B1 = is the Consumer Price Index for Papua New Guinea (All Weighted Urban Average) published by the National Statistics Office of Papua New Guinea in respect of quarter immediately preceding the base date;
(ii) where development is proceeding the performance bond amount shall be reduced proportionately based on the percentage of the total development, in expenditure terms, completed and subject to specific time frames agreed to between the holder and Authority.
(8) In respect of licences, the amount of performance bond shall be as determined by the Board.
(9) A holder of a timber permit, timber authority, licence, forest clearing authority, authority, authority to carry out large scale agriculture or other land use development and an authority to carry out large scale roadline development shall not be regarded as having lodged a performance bond until the holder has delivered an original copy, together with a duly complete confirmation of performance bond, to the Managing Director.
(10) No timber permit, timber authority, licence, forest authority, authority to carry out large scale agriculture or other land use development and an authority to carry out large scale roadline development shall commence, or be in effect, until a performance bond has been lodged with the Authority in the prescribed form and if not lodged within 21 days of the date of grant of such authority or such longer period as determined by the Board then the said grant or authority shall be deemed void and shall be cancelled by the Board forthwith.
(11) A holder of an existing timber permit, timber authority, licence, forest clearing authority to carry out large scale agriculture or other land use development and an authority to carry out large scale roadline scale roadline development shall comply fully with the requirements of this section within one month of the coming into operation of the Forest (Amendment) Regulation 2004.
(12) The Managing Director may, on recommendation from the Board, increase the performance bond payable under this section, taking into consideration any past non-compliance by the holder with respect to any past or existing permit, timber permit, licence, forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development and assess the risk of the holder, including its perceived ability to replenish the performance bond in the event that it is drawn upon under Section 198 of the Act.
(13) The Managing Director may opt to undertake a risk assessment on the performance of the holder, based on criteria endorsed by the Board, if he is of the opinion that the holder poses a high level of risk to the State and landowners.
[8](1) The procedure for drawing on a bond are follows: –
(a) before the Authority draws on a performance bond, the Managing Director or his delegate shall serve a notice on the holder in Form 196 of Schedule 1 –
(i) specifying the allegd non-performance; and
(ii) allowing the holder at least 14 days after the date of serving the notice to –
(A) remedy the non-performance; or
(B) provide a written explanation or denial of the alleged non-performance;
(b) upon expiry of the notice period, the Managing Director may –
(i) arrange for the Authority to draw on the bond, in accordance with the prescribed scale of deductions; or
(ii) if satisfied with the explanation provided by the holder, determine that the Authority will not draw the bond, subject to the holder taking such remedial action, if any, as he directs; or
(iii) if he is of the opinion that the holder is not in breach, or that the holder has taken satisfactory remedial action, determine that the Authority will not draw on the bond and shall notify the holder in writing of his decision by a notice in Form 197 of Schedule 1.
(2) Where a bank guarantee is the designated opinion, upon termination of the timber permit, timber authority, licence, forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development in respect of which the bond was lodged, the Managing Director shall arrange for delivery to the bank of an authorization in Form 198A of Schedule 1, under seal of the Authority, to release the balance of bond money (if any), after the Authority has drawn any money due to it, and the Authority may delay giving such authorization until it has had a reasonable opportunity to assess whether the holder has committed any breaches.
(3) Where a current interest bearing deposit account is the designated option, the following shall apply: –
(a) withdrawals from the account shall only be for the purpose of –
(i) drawing on the bond in accordance with the prescribed scale of deductions; or
(ii) refunding the full account balance, including any interest earned, to the holder upon completion, and upon confirmation of completion, of the Project;
(b) upon termination of the timber permit, timber authority, licence, forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development in respect of which the account was established, the Managing Director shall arrange for delivery to the account signatories of an authorization in Form 198B of Schedule 1, under seal of the Authority, to release the balance of bond money (if any), after the Authority has drawn any money due to it, and the Authority may delay giving such authorization until it has had a reasonable opportunity to assess whether or not the holder has committed any breaches;
(c) any withdrawals from the Acount shall require the joint signatures of any three of the Managing Director of the Papua New Guinea Forest Authority, the Secretary of the Department of Environment and Conservation, the Legal Councel of the National Forest Board Service or independent person(s) authorized by the Board and the authorized representative of the landowners.
(4) In relation to a performance bond drawn under this section, the following shall apply: –
(a) no bond moneys shall be released to the holder by the Bank prior to the delivery of authorization under Subsection (2) or (3)(b);
(b) where the Authority has drawn on the performance bond of any holder, the holder shall, within 30 days of the date of the notification by the Authority of the drawdown by the Authority, replenish the bond as prescribed by Section 98(3) of the Act and if the holder does not provide evidence to the Managing Director that the amount in the performance bond account has been restored in full, the Managing Director may, at the expiration of the 14 days, suspend the timber permit, timber authority, licence, forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development under Section 85 of the Act; and
(c) in the event tha the assessed cost of the contractual breach or non-compliance exceeds the value of the performance bond in place, the performance bond shall be replenished and draw upon to the extent that the full value of the contractual breach or non-compliance is compensated;
(d) a notification to the holder of a timber permit, timber authority, licence , forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development under Section 98(3) of the Act shall be in Form 199 of Schedule 1.
[9](1) The prescribed scale of the deductions for breaches of conditions or requirements of a timber permit, timber authority, licence, forest clearing authority, authority to carry out large scale agriculture or other land use development and authority to carry out large scale roadline development for breaches of conditions or requirements shall be specified in the terms and conditions of the permit, authority or licence, as the case may be, and the breaches and the scale of deductions for such said breaches shall be as specified in Schedule 2.
(2) In assessing the scale of deduction of the performance bond for breaches or defaults as required under this section, the Authority shall make allowance for non-compliance(s) relating to force majeure as stipulated under the timber permit, authority, licence or project agreement(s) entered under Section 72 of the Act or as mutually agreed between the State, the landowners and the holder.
198A. MANAGEMENT AND CONTRAL OF PERFORMANCE BONDS.
[10](1) The Managing Director shall designate an officer of the Authority whose function is to administer and monitor the performance bonds for all timber permits, timber authorities, licences, forest clearing authorise, authorities to carry out large scale agriculture or other land use development and authorities to carry out large scale roadline development in accordance with Subsection (2).
(2) An officer designated under Subsection (1) shall –
(a) ensure that all performace bonds are properly in place and up to date; and
(b) ensure that whenever performance bonds are drawn upon, they are replenished within the due time; and
(c) provide six monthly activity reports for each performance bond guarantee or account, including start balance, account transactions, end balance and details of any notices of alleged non-performance and outcomes, and shall report on any other activities or breaches associated with each performance bond to the Managing Director with copies of the report to be provided to the Legal Councel of the National Forest Board Service or independent person(s) authorized by the Board.
(3) The process for reporting and acting upon allegations of non-compliance or breach of conditions shall be as follows: –
(a) all allegations shall be made in writing to the Managing Director and copied immediately to the Legal Counsel of the National Forest Board Service or independent person authorized by the National Forest Board;
(b) the Managing Director shall ensure that all allegations are properly investigated and that a report is prepared for each, including, the details of the findings of the investigation, and the recommened course of action;
(c) the Managing Director shall forward the report to the Legal Counsel of the Natonal Forest Board Service or independent person authorized by the National Forest Board, who will assess the matter and either provide a final clearance or will recommend other actions. No reported breaches are to be either dismissed or acted upon without both the approval of the Managing Director and consent of the Legal Counsel of the National Forest Board Service or independent person authorized by the National Forest Board.
(d) the Legal Counsel of the National Forest Board Service or independent person authorized by the National Forest Board shall provide six monthly reports to the Board regarding the status and activities of all performance bonds and shall also report to the Board immediately regarded any significant actions or breaches associated with any performance bond.
(1) A project statement as required under Section 100 of the Act shall be in Form 200 of Schedule 1 and shall contain the following details:–
(a) permit holders’ company profile including details of all senior personnel employed;
(b) permit holders’ experience in the carrying out of similar projects;
(c) permit holders proposed method or methods and mode of operations in the harvesting, processing and sale of forest produce in the project;
(d) permit holders proposed method of project management;
(e) permit holders objectives and strategies in respect to the project for each successive five year periods during the term of the timber permit;
(f) such other detail as are determined by the Board from time to time.
(2) The fee payable on the submission of a project statement shall be as specified in Schedule 3.
(1) A five year working plan as required under Section 101 of the Act shall be in Form 201 of Schedule 1 and shall contain the following details:–
(a) a map of the entire project area at a scale of 1:50,000 (blow-ups of the standard PNG 1:100,000 topographic map series are acceptable) showing–
(i) areas already logged (if any) and year of logging; and
(ii) areas to be logged during the next five years. The area shown must be the gross loggable area, i.e. excluding major areas where logging may not take place (e.g. conservation areas, swamps, areas exceeding 30 degrees slope, extensive village/garden areas), and areas of unmerchantable forest where logging is not planned, but note smaller scale exclusion areas to be delineated at the operational or set-up planning stage (e.g. buffer zones, small cultural sites); and
(iii) permanent forest roads and bridges to be constructed during the five years; and
(iv) the location of any log ponds to be constructed during the five years. Planners preparing a Five Year Plan should note take specific approval to establish a new log pond must be obtained before any construction commences; and
(v) the location of any new logging base camps to be constructed during the five years. Planners preparing a Five Year Plan should note that specific approval to establish a new logging base camp must be obtained before any construction commences; and
(vi) the location of the volumetric survey lines or plots;
(b) a Schedule showing the planned order of logging, including estimates of net loggable areas, and net harvestable volumes (including species distribution) for each year’s area of operations. The estimate of net harvestable volume must be based at minimum on a 1% sample of the gross loggable area (as would be provided for example by parallel survey lines consisting of continuous line plots 5m wide at 500m intervals). For new projects a 1% sample will have already been assessed as part of the Feasibility Study. For existing projects a minimum 1% volumetric survey must be undertaken. The details of net harvestable volumes presented must be based on actual inventory of the areas to be logged, and not on historical data from previously logged areas;
(c) a schedule detailing all landowner benefits which are to be delivered during the five year period, plus a delivery schedule;
(d) five bound copies of the plan shall be attached to Form 201 of Schedule 1;
(e) such other detail as are determined by the Board from time to time.
(2) The fee payable on the submission of a five year working plan shall be as specified in Schedule 3.
(1) An annual logging plan as required under Section 102 of the Act shall be in Form 202 of Schedule 1 and shall contain the following details:–
(a) an endorsement letter signed by the Authority’s field based Project Supervisor;
(b) a map at a scale of 1:25,000 (blow-up of the standard PNG 1:100,000 topographic map series are acceptable) clearly showing–
(i) the areas to be logged during the next 12 months split into set-ups of a maximum of 150 hectares each. Set-up boundaries must reflect natural features (where these exist), especially water courses. Areas with no identifiable natural features may be split upon a grid basis and where natural features exist with no reference to the field, the map will not be accepted. Set-ups must be numbered; and
(ii) areas not to be logged e.g. conservation areas, low merchantable volume areas, village reserves, cultural and historic sites; and
(iii) the existing road network, and any existing permanent roads to be decommissioned during the year; and
(iv) any new permanent forest roads and bridges to be constructed during the year. Typically permanent roads are constructed up to 12 months ahead of logging. The map must show all permanent roads to be constructed during the year, including those roads which will not be used until the following year. Road corridors to be cleared for permanent forest road construction must be split into one or more set-ups, and numbered; and
(v) log volume production and use i.e. exported, converted to wood products (sawn timber, plywood, chips, other–including processed product output volumes), changes in stocks; and
(vi) new construction undertaken (forest roads, log ponds, logging base camps, and landowner infrastructure); and
(vii) existing construction which has been decommissioned (forest roads, log ponds and logging base camps); and
(viii) a list of the set-ups form the previous year’s Annual Logging Plan for which no application for a Set-up Plan approval was made, and which have been renumbered and included in the current year’s Annual Logging Plan; and
(ix) infrastructure and other landowner benefits delivered during the year; and
(x) the location of any gravel sources to be exploited during the year; and
(xi) existing log ponds, and the location of any new log ponds to be constructed during the year. Planners preparing an Annual Logging Plan should note that specific Authority’s approval to establish a new log pond must be obtained before any construction commences; and
(xii) existing logging base camps, and the location of any new logging base camps to be constructed during the year. Planners preparing an Annual Logging Plan should note that specific Authority’s approval to establish a new logging base camp must be obtained before any construction commences;
(c) a schedule showing the planned order of logging the set-ups (including both selection logging set-ups and permanent roading set-ups), including set-up number, and for each set-up an estimate of the net loggable area, and an estimate of the harvestable volume (including species distribution). The estimate of net harvestable volume may be based on the 1% sample of the loggable area already presented in the Five Year Plan;
(d) a schedule detailing road and water crossing standards for the permanent forest roads to be constructed during the year;
(e) a schedule setting out the equipment (types and numbers) and logging methods to be used during the 12 months period;
(f) a schedule detailing all landowner benefits which are to be delivered during the year. For infrastructure the Schedule must indicate construction start-up time, estimated completion time, construction standards, an estimate of total costs, and an indicative infrastructure maintenance plan (including responsibility and cost estimates);
(g) a report on the implementation of the previous year’s Annual Logging Plan, comparing plan with actual performance, and summarising;
(h) five bound copies of the plan shall be attached to Form 202 of Schedule 1;
(i) such other detail as are determined by the Board from time to time.
(2) Before logging commences in each harvest area the holder of a timber permit shall apply in writing to a Forest Officer or Forest Inspector for a harvest authorization.
(3) Before a harvest authorization is granted for a particular area the holder of the timber permit shall, in accordance with directions issued from time to time by the Managing Director–
(a) conduct and submit the results of an inventory as directed by the Managing Director from time to time; and
(b) produce a detailed map of the area showing the location of proposed logging roads and skid trails and areas where logging is not to occur for environmental and cultural reasons; and
(c) specify any site-specific measures to avoid or mitigate environmental damage; and
(d) comply with such general directions as from time to time, are given by the Managing Director.
(4) A holder of a timber permit shall notify the Authority upon completion of logging, forest management and related work carried out by him in accordance with any standards and directions set by the Managing Director from time to time.
(5) As soon as practicable after notification under Subsection (4) is received by the Authority, a Forest Officer or Forest Inspector shall–
(a) carry out an inspection of the work as prescribed; and
(b) if work has been carried out in compliance with the standards and directions required, issue a certificate in Form 203 of Schedule 1 to that effect in accordance with Section 102(3) of the Act; and
(c) if work has not been carried out in compliance with the standards and directions required, issue a Notice of Unsatisfactory Completion of Work in Form 204 of Schedule 1.
(6) Harvest authorization to commence logging in successive harvest areas designated in an annual logging plan may be granted subject to and conditional upon the holder of the timber permit obtaining a certificate under Section 102(3) of the Act in respect of a previous harvest authorization.
(7) Commencement of logging in an area without a harvest authorization shall constitute an offence and a breach of the offender’s timber permit, timber authority or licence.
(8) The fee payable on submission of an Annual Logging Plan shall be as specified in Schedule 3.
Where the holder of a timber permit fails to lodge a project statement, 5 year working plan or annual logging plan and have same approved by the Board before the expiration of the preceding statement or plan, the timber permit may be suspended in accordance with Section 85 of the Act or cancelled in accordance with Section 86 of the Act until such time as the outstanding statement or plan is approved and compliance with approved statements and plans is deemed to be a condition of a timber permit.
The requirement for preservation of forest produce as required by Section 117 of the Act shall be those as set out in the National Standards Council of Papua New Guinea Standard 1293-1989 for Preservation specification for sawn and round timber.
(1) In respect of a timber permit, timber authority or licence the following provisions shall apply:–
(a) the Forest Authority’s “Manual of Procedures for the Identification Scaling and reporting (including royalty self assessment) on Logs harvested from Natural Forest Logging Operations” (or any revisions thereof) shall form part of the Regulations;
(b) only licensed log scalers may measure and identify logs;
(c) it shall be an offence if any person identifies or measures logs otherwise than in accordance with the Regulations or makes a false statement in any scaling statement or declaration;
Penalty: A fine not exceeding K50,000.00.
(d) log tags will be supplied by the Authority, or on behalf of the Authority by an agent on making application in Form 232 of Schedule 1 and on payment of the fee as determined from time to time by the Managing Director;
(e) the Authority may from time to time specify different methods of identification, measurement and branding for different categories of timber and specify different procedures relating thereto.
(1) The Managing Director shall appoint an officer of the National Forest Service to be the Authority’s Chief Log Scaler.
(2) A–
(a) person shall not work as a log scaler; and
(b) logging operator shall not employ a person as a log scaler, unless that person–
(i) has been awarded a log scaling certificate by the Timber Industry Training College; and
(ii) is licensed in accordance with this Regulation.
Penalty: A fine not exceeding K200.00.
(3) A Log Scaler’s Licence shall be Form 205 of Schedule 1 and shall be issued for a period of two years by the Chief Scaler, who shall maintain a register of log scalers.
(4) A log scaler who has been licensed shall be provided with an identity card by the Chief Scaler and shall, whilst carrying out scaling activities, carry the identity card on his person and produce it on demand to a Forest Officer or Inspector.
(5) Any person, whether self-employed, employed by the holder of a timber permit or timber authority or by a logging company may apply for a Log Scaler’s Licence to the Chief Scaler enclosing–
(i) an application which shall be in Form 206 of Schedule 1; and
(ii) a copy of the applicant’s log scaling certificate awarded by the Timber Industry Training College; and
(iii) two passport size photographs, one of which will be attached to the licence; and
(iv) a cash performance bond of K500.00 which, subject to Subsection (5), is refundable when the licence lapses; and
(v) a two year licence fee as specified in Schedule 3.
(6) The cash performance bond lodged under Subsection (5)(iv) shall be–
(a) forfeited to the Authority in the event of cancellation by the Chief Log Scaler on the grounds of failure by the Log Scaler to comply with the Regulations relating to log scaling; and
(b) otherwise, be repaid to the person lodging the bond on the expiry or cancellation of the Log Scaler’s Licence.
(7) A licensed log scaler shall ensure that his licence is renewed as required and where a licensed log scaler intends to cease practising before his current licence expires he may apply to the Chief Log Scaler for his licence to be cancelled and his performance bond to be returned.
A notice of intention by the Chief Log Scaler to cancel a scaler’s licence shall be Form 207 of Schedule 1.
Cancellation of a log scaler’s licence shall be in Form 208 of Schedule 1
A certificate of registration of a forest industry participant shall be in Form 209 of Schedule 1.
(1) An application for registration as a forest industry participant shall be in Form 210 of Schedule 1.
(2) An application under Subsection (1) shall contain particulars of–
(a) the name, postal address, address for service in Papua New Guinea of legal process, telephone number and facsimile number of the applicant; and
(b) where the applicant is a corporate person–
(i) the shareholding structure; and
(ii) the name, office or position held in the company, nationality, place of residence, details of formal qualifications, relevant work experience of, and other current or prior offices held by, each director, office-bearer or senior management executive; and
(c) the name, address, telephone and facsimile number of the applicant’s bankers; and
(d) the proposed activities; and
(e) any permit, licence or timber authority granted under the repealed Acts; and
(f) any agreement under the repealed Acts to which the applicant was a party; and
(g) such other information as required by Form 210.
(3) An application under Subsection (1) shall be accompanied by–
(a) where the applicant is a corporate person–
(i) a copy of the certificate of incorporation; and
(ii) the shareholding structure of any incorporated shareholders; and
(b) a summary of proposed forest industry activities; and
(c) financial statements for the three years immediately prior to the date of application; and
(d) The application fee as specified in Schedule 3.
(4) The fee payable on an application for registration as a forest industry participant.
A certificate of registration of a forest industry consultant shall be in Form 211 of Schedule 1.
(1) An application for registration as a consultant shall be in Form 212 of Schedule 1.
(2) An application under Subsection (1) shall contain particulars of–
(a) the name, type of entity, postal address, address for service in Papua New Guinea of legal process, telephone number and facsimile number of the applicant; and
(b) where the applicant is a corporate person–
(i) the shareholding structure; and
(ii) the name, office or position held in the company, nationality, place of residence, details of formal qualifications, relevant work experience and other current or prior offices held by each director, office-bearer or senior management executive; and
(c) the type of expertise offered; and
(d) the proposed consultancy activities; and
(e) such other information as is required by Form 212.
(3) An application under Subsection (1) shall be accompanied by–
(a) a resume of qualifications and work experience of the applicant and of consultants employed by the applicant; and
(b) where the applicant is a corporate person–
(i) a copy of the certificate of incorporation; and
(ii) the shareholding structure of any incorporated shareholders; and
(c) the application fee as specified in Schedule 3.
(4) The fee payable on an application for registration as a forest industry consultant shall be as specified in Schedule 3.
A return by the Managing Director of an application for registration as a forest industry participant or consultant under Section 107 or 108 of the Act shall be in Form 213 of Schedule 1.
(1) A registered forest industry participant or registered consultant shall, within 28 days of a change of any of the particulars submitted with his application for registration as a forest industry participant or consultant give written notification to the Managing Director in Form 214 of Schedule 1 of the particulars of such change.
(2) The Managing Director may on receipt of a Notification of Change of particular request such further or additional information as he thinks fit.
(3) Where the Notification particulars are of such a nature that there is a change in ownership, share holding or beneficial ownership or control and such change is–
(a) more than 10% in any one year; or
(b) represents a change of more than 25% in the ownership of the forest industry participant or consultant enterprise (except where the registered forest industry participant or consultant is a subsidiary of a holding company and the ownership of the holding company does not change and the registered forest industry participant enterprise remains a subsidiary of that holding company) as from the date of registration under the Act then such change may be deemed sufficient grounds to justify cancellation of registration and the Board may require the registered forest industry participant or consultant to make a new application for registration as a forest industry participant or consultant.
(4) In Subsection (3) “subsidiary” and “holding company” have the same meanings as defined in the Companies Act 1997.
(5) Nothing in this Section restricts the Managing Director from exercising the power contained in Section 112 of the Act.
(6) A person, who fails to comply with the provisions of Subsection (1), is guilty of an offence.
Penalty: A fine not exceeding K10,000.00.
(7) The fee payable on a notification of change of particulars shall be as specified in Schedule 3.
A notification of intention to make referral to the Board under Section 112 of the Act shall be in Form 215 of Schedule 1.
A referral for consideration of cancellation of registration under Section 112 of the Act shall be in Form 216 of Schedule 1.
A notice of Board Directions under Section 112 of the Act shall be in Form 217 of Schedule 1.
(1) An appeal to the Minister under Section 113 of the Act shall be in Form 218 of Schedule 1.
(2) The fee payable on an appeal to the Minister shall be as specified in Schedule 3.
A decision of the Minister under Section 113 of the Act shall be in Form 219 of Schedule 1.
(1) An officer or employee of the National Forest Service does not require to be registered as a consultant in respect of work undertaken by him in the course of his employment as such officer or employee.
(2) A person engaged in an aid project approved by the Government of Papua New Guinea does not require to be registered as a consultant in respect of work undertaken by him in connection with such aid project.
(1) A form of Notice under Section 115(2) of the Act shall be in Form 220 of Schedule 1.
(2) The procedure to be followed in accordance with Section 115(4) of the Act are as follows:–
(i) on the first day of the third month of each quarter of each permit year the permit holder shall, in writing, offer to sell, in relation to logs in proportions approximately representative of the mix species of logs to be harvested that permit year, at least one-sixteenth (1/16) of that permit year’s permitted log export volume to the State or its nominee for delivery within a period of one month from the end of that quarter on dates to be agreed upon and on payment terms substantially consistent with those in effect with respect to the permit holder’s other customers;
(ii) the offer will include details of the size and grade of each log, by species, with prices differentiated by size, grade, and species and shall be in that form and contain such other particulars as determined form time to time by the State Marketing Agency;
(iii) the offer or part thereof will be accepted or rejected in writing by the State or its nominee within ten working days of its receipt;
(iv) if an offer is accepted the State shall deliver to the holder of the timber permit a Notice of Proposal to exercise option in Form 220 of Schedule 1;
(v) if and to the extent that the State or its nominee rejects the offer with respect to any quarter, it will forego the right to purchase that amount of logs for that quarter under this Section;
(vi) if the State rejects or fails to respond to the aforesaid offer within the ten working days provided, the permit holder shall not sell the logs or any part thereof to any other party at lesser prices or on terms more favourable to the buyer than those offered to the State or its nominee without first re-offering the logs to the State or its nominee at such lesser price or such more favourable terms, whereupon, as before, the State shall, within ten working days of the receipt of the offer, accept or reject it;
(vii) the obligation to make offers under Subsection 1 above will cease when the State or its nominee has acquired twenty-five percent (25%) of the permit holder’s permitted log export volume for the relevant permit year;
(viii) logs purchased under this Regulation will be on a free-on-board basis, and the price paid by the State or its nominee shall be the price accepted pursuant to Subsection (3) less any duty payable on the export of the said logs;
(ix) logs purchased by the State or its nominee pursuant to this Regulation shall cause the permit holder’s permitted log export volume for that permit year to be reduced accordingly by the volume of logs purchased by the State.
(x) the administrative operation of this Regulation may be reviewed, and, if necessary, revised annually by the State to ensure that it effectively enables the State to purchase up to 25% of the permit holder’s permitted annual log export volume;
(xi) the Managing Director shall have authority on behalf of the State to exercise the rights conferred on the State by this Regulation, and may appoint a nominee on behalf of the State to exercise these rights.
(1) For the purposes of this Regulation and of Section 118 of the Act–
“arms length” means a transaction where–
(a) the parties, in negotiating the transaction, have sought to promote their own best interests in accordance with fair and honest business methods; and
(b) there is no other consideration for the provision of goods or services other than a monetary consideration, being the price; and
(c) the terms of the transaction have not been affected by, nor determined as a consequence of, any other agreement, or proposed agreement, or understanding, or any direct or indirect relationship (other than the relationship created by the transaction) between one party, or a shareholder of that party, or a company in which that party or a shareholder of the party; and a company in which that party is a shareholder; and
(d) in the case of a sale, neither the seller nor any person connected with it, through shareholding or otherwise, has any direct or indirect interest in the subsequent resale or disposal by the buyer of any of the products or services purchased pursuant to the agreement;
“transfer pricing” means the pricing of inter-company loans, or transfer of goods or services such that–
(a) in respect of the Company receiving the loans, goods or services, the interest or other monies paid or payable by the Company for such loans, goods or services is higher than the value received by the Company; and
(b) in respect of the Company is providing the loans, goods or services, the interest or other moneys received or receivable by the Company for such loans, goods or services is lower than the value received by the other party;
“value received”, in the case of a transfer of goods and services, is the price which would have been obtained on an arm’s length transaction, and in the case of a loan, shall be the interest and other moneys payable for a loan in the same amount for the same period and on the same terms and conditions which a Company of similar standing to the Company could, in seeking to promote its own best interest in accordance with fair and honest business methods, have negotiated from a lending institution of international repute.
(2) A person, who practices transfer pricing, is guilty of an offence.
Penalty: A fine of twice the “value received” as defined in Subsection (1) or K100,000.00, whichever is the greater amount.
(3) For the purpose of enabling the Authority to satisfy itself as to compliance by a Company with its obligations under this section not to practise transfer pricing, the Company, on written request by the Authority, shall promptly furnish the Authority with–
(a) full details of the parties to, and the conditions of, any loans, transfers of goods or services to, or by, the Company; and
(b) copies of all agreements, documents, and correspondence in respect thereof; and
(c) full details of any other agreements or undertakings entered into, or reached by, the Company, or a shareholder of the Company or by a company in which the Company is a shareholder.
A variation by the Minister of the royalty payable under a timber permit under Section 120 of the Act shall be in Form 221 of Schedule 1.
(1) A levy or levies fixed under Section 121 of the Act shall be payable by the holder of a timber permit, timber authority or licence (as the case may be) at the time or times specified in and to the person specified in the notice in the National Gazette fixing the levy.
(2) The holder of a timber permit, timber authority or licence, who fails to pay a levy fixed under Section 121 of the Act at the time and to the person specified in the notice referred to in Subsection (1), is guilty of an offence.
Penalty: A fine up to but not exceeding K500,000.00.
Default penalty: A fine not exceeding K500,000.00.
(3) The method of payment and collection of levies shall be as follows:–
(a) the Managing Director or his regional representative shall prepare and deliver a Notice of assessment of levy and forward it by post or otherwise to the holder of a timber permit, timber authority or licence as the case may be and the holder of such timber permit, timber authority or licence must pay the amount assessed, clear of all deductions, within 14 days after the date specified in the assessment and such payment shall be by bank cheque.
Penalty: A fine not exceeding K1,000.00.
(b) without prejudice to any other imposition, suspension or penalty that may be made or imposed under this Regulation, any amount of levy that remains unpaid after the expiration of the period specified in Subsection (3)(a) may be recovered by the Authority as a debt and in addition thereto the holder of a timber permit, timber authority or licence as the case may be shall not be permitted to export any forest produce while levies or any part thereof remain unpaid.
(4) A notice of a levy under Section 121 shall be in Form 222 of Schedule 1.
A lawful direction under Section 122 of the Act shall be in Form 223 of Schedule 1.
Notice of seizure of timber or forest produce or other property pursuant to Section 214 of the Act shall be in Form 224 of Schedule 1.
(1) A Forest Inspector or Forest Officer shall have a hammer brand with a distinguishing number or figure on one face of a type which the Managing Director may approve from time to time.
(2) The face referred to in Subsection 1 shall be used for marking any timber or forest produce seized under the Act.
Notice of forfeiture under Section 124 of the Act shall be in Form 225 of Schedule 1.
A declaration banning or restricting export of a species or class of timber under Section 134 of the Act shall be in Form 226 of Schedule 1.
Registration of a brand shall be in Form 227 of Schedule 1.
An application to register in the Authority a brand under Section 135(1)(2)(b) of the Act shall be in Form 228 of Schedule 1.
(1) A tramway truck or vehicle used for the transport of forest produce shall–
(a) be strongly and properly made; and
(b) be provided with proper and efficient brake-gear for regulating and controlling its speed and running power.
(2) A tramway and every part of a tramway shall be kept and maintained in good order and repair for the purpose of transporting forest produce and any other freight that is authorized, and for the safety of persons and animals carried or employed on and such said forest produce shall at all times be properly secured.
(3) A Forest Inspector or Forest Officer may–
(a) suspend the working of a tramway, or the use and employment of any locomotive, mill-truck, winch, cable, or hauling machinery, that he regards as unsafe or not in proper repair; and
(b) notify the holder of the timber permit or his agent accordingly and direct such repair or renewals as he thinks proper, and the holder of the timber permit shall comply immediately with the notice and without delay effect the repairs or renewals directed to the satisfaction of a Forest Inspector or Forest Officer.
Penalty: A fine not exceeding K1,000.00.
(1) Where it is, in the opinion of a Forest Inspector or a Forest Officer, necessary, and subject to charges having been paid as provided for in Subsection (2) hereof, a holder of a timber permit shall at all reasonable times afford to other holders of timber permits and to licensees facilities for the carriage of forest produce over tramways, roads, waterways and airways owned or operated by him.
Penalty: A fine not exceeding K1,000.00.
(2) All charges by the holder of a timber permit for the carriage of forest produce or running rights over the tramway shall be on a reasonable scale and are subject to the approval of the Managing Director.
Authorization to load a ship with timber or forest produce and a Notice of suspension of ship loading shall be in such Forms as are provided for in the Authority’s Manual titled “Procedures for Exporting Logs” (or any revision thereof made from time to time.
(1) The procedures and requirements which shall be followed in an application under Section 134 of the Act to export logs shall be those procedures and requirements as contained in the Authority’s Manual titled “Procedures for Exporting Logs” (or any revisions thereof).
(2) A person, who fails to comply with the provisions of this Regulation is guilty of an offence.
Penalty: A fine not exceeding K50,000.00.
(3) A person, who makes a false statement in any return or other document furnished to the National Forest Service, the Authority or the Minister in connection with an application to export timber, is guilty of an offence.
Penalty: A fine not exceeding K50,000.00.
(1) Subject to Subsection (3), the customary owners in relation to an area of land covered by a timber permit (in this section referred to as the “project area”) shall appoint or establish, and nominate for recognition by the Managing Director, a corporate body or Local-Level Government to represent them.
(2) Subject to Subsection (3), where the Managing Director is of the opinion that a body nominated under Subsection (1) satisfactorily represents in accordance with this section the customary owners in the project area, he shall recognise the body for such purpose, and notify the body accordingly.
(3) Where the Managing Director, in consultation with the Provincial Forest Management Committee, is satisfied that–
(a) due to the special circumstances of the customary owners from a project area, it is impracticable for all such customary owners to be represented by a single representative body; and
(b) it is in the best interests of the customary owners from that project area that they appoint or establish more than one representative body, the Managing Director may recognise more than one body nominated by customary owners from a project area provided that–
(i) each such body shall represent customary owners from a clearly defined area within the project area; and
(ii) the aggregate of such areas shall make up the whole of the project area.
(4) Where the Managing Director recognises more than one body in accordance with Subsection (3), he shall also determine the arrangements under which payments shall be apportioned between the bodies.
(5) The Managing Director may issue Guidelines on the formation and structure of bodies which he will consider as satisfactorily representing customary owners.
(6) A body recognised under this section may expend and invest moneys received by it as it considers fit, subject to–
(a) the articles, constitution or rules governing or establishing the body; and
(b) any reasonable rules and procedures regarding management of bank accounts which may be determined by the Board, for the purpose of ensuring that payments are invested or expended for the collective benefit of customary owners in the project area.
(7) Where the Board, on reasonable grounds, is of the opinion that moneys have been expended or invested in breach of any articles, constitution or rules and procedures determined by the Board under Subsection (6), it may, by notice to the representative body and to the bank where the account is held, suspend the operation of the account.
(1) Where a body recognised in accordance with Regulation 235 or any of its principals–
(a) fails to comply with any rules or procedures determined by the Board in relation to bank accounts; or
(b) fails adequately to account for funds in accordance with any procedures provided for under the law governing its establishment or incorporation, the Managing Director may cancel its recognition.
(2) For the purposes of Subsection (1), “principal” includes director, manager, secretary, executive committee member or public officer, or any other similar office or any person purporting to act in such a capacity.
(3) On cancellation under Subsection (1), the Managing Director may withhold moneys in trust.
The holder of a timber permit, timber authority or licence shall maintain such records and submit such returns in the form and in the manner as set out in the Authority’s manuals titled “Procedures for the Identification, Scaling and Reporting (including royalty self-assessment) on logs harvested from Natural Forest Logging Operations” and “Procedures for Exporting Logs” (or any revision thereof).
A person, who fells, removes, damages, or destroys any timber or merchantable forest produce on government land unless authorized to do so under this Act or any other law or except as the unavoidable result of carrying out an activity authorized under another law, is guilty of an offence.
Penalty: A fine not exceeding K100,000.00.
A certificate of registration of a timber processing plant and of the registered operator of such plant shall be in Form 229 of Schedule 1.
(1) A person who proposes to operate any plant for processing timber shall apply to the Managing Director for registration of such plant as a timber processing plant and of himself as an operator of such plant.
(2) The fee payable on submitting an application shall be as specified in Schedule 3.
(3) An application under Subsection (1) shall be in Form 230 of Schedule 1.
(4) An officer of the National Forest Service may at any reasonable time inspect any plant used for processing timber or which he believes is used for processing timber, whether or not such plant is registered.
(5) The person responsible for the operation of a registered plant shall, by 31 March in each year, submit to the Managing Director an Annual Return for the preceding year setting out details of the operations of the plant in a form and manner and containing such particulars as are specified from time to time by the Managing Director.
(6) Any change in the operator of a timber processing plant shall be notified within seven days to the Managing Director.
(7) A person, who operates a timber processing plant which is not registered under this section, is guilty of an offence.
Penalty: A fine not exceeding K10,000.00.
A holder of a–
(a) timber permit; or
(b) timber authority, where that authority was applied to harvest less than 5000m3 per year by selection logging from customary land; or
(c) licence,
shall ensure that forest roading and logging and all other forestry activities of whatsoever nature is undertaken according to the Authority’s standards and practices as set out in the Authority’s Manuals titled “Papua New Guinea’s Logging Code of Practice”, “Planning, Monitoring and Control Procedures for Natural Forest Logging Operations, under a timber permit” and “Procedures for Exporting Logs” (or any revisions thereof).
A Board notice to vary terms or conditions of registration, permit, licence, Timber Rights Purchase Agreement, Authority or Agreement under Section 137 of the Act shall be in Form 231 of Schedule 1.
(1) A person, who contravenes or fails to comply with any provision of this Regulation is guilty of an offence.
(2) A person, who attempts, aids, abets, counsels, or procures, or is in any way knowingly concerned in an offence against this Regulation, is deemed to have committed that offence.
(3) Where, by the authority of the Act or this Regulation, a direction is given to a person and such direction is not complied with, then that person is guilty of an offence.
(4) Where no other penalty is expressly provided in respect of an offence a person guilty of that offence against any provision of this Regulation shall be liable to a penalty by way of a fine of–
(a) where the person is a natural person–an amount not exceeding K1,000.00; or
(b) where the person is a body corporate–an amount not exceeding K10,000.00.
(5) In addition to any penalty under Subsection (4), a person guilty of an offence involving timber or other forest produce shall–
(a) forfeit such timber or forest produce to the owner, or in the case where the offender is the owner, to the Authority; and
(b) be liable also to compensate the Authority or owner of timber or other forest produce in respect of any loss or damage caused in the commission of an offence.
(6) All timber and forest produce harvested pursuant to a timber permit or timber authority on which any royalties, levies or other charges are payable under the Act may be seized by the Authority until the royalties, levies or other charges or paid, and if payment is not made with 20 days of seizure, may be disposed of by the Authority.
Fees paid by or on behalf of a person or company are non-refundable.
Upon application being made in Form 232 of Schedule 1 the Authority may provide log tags, copies of maps, publications and other documents at a fee determined from time to time by the Managing Director.
(1) Except where the Managing Director otherwise determines, forms prescribed by the Regulations shall be printed on behalf of the Authority and shall be available upon application being made in Form 232 of Schedule 1 to any person on payment of the fee as determined by the Managing Director from time to time.
(2) Forms required to be signed by or on behalf of the Managing Director, the Authority, the Minister, or any officer of the National Forest Service may be numbered and shall be kept in a secure place.
(1) Rules and procedures for tenders shall be as determined by the Board.
(2) An application for tender documentation/specifications (if any) relating to any tender (other than documentation/specifications relating to a project proposal) shall be in Form 232 of Schedule 1 and shall be accompanied by the prescribed fee in Schedule 3 which shall be non-refundable.
Service on a forest industry participant of any notice or other document required or permitted to be served under the Act may be effected by sending such notice or document by pre-paid post or by facsimile to the participant’s postal address or address for service.
[11](1) The Public Register referred to in Section 103A shall as far as is practicable be in the form of loose-leaf folio or folios, which together make up the public register.
(2) An application to search the public register shall be in Form 232 of Schedule 1 and the prescribed fee shall be as set out in Schedule 3.
In any case where a Provincial Disaster Committee has declared any area which contains or comprises forests therein and the Provincial Disaster Committee which has been established under relevant legislation has made a recommendation to the Managing Director of the National Forest Service relating to salvaging the forest produce or to carry out reforestation or to convert to any other land use then the Managing Director may suspend all or any requirement in the Act or Regulations and–
(a) invite any person or persons who are registered forest industry participants to salvage the forest produce and to carry out any other forest industry activity as defined in such disaster area on such terms and conditions as he thinks fit; or
(b) permit such person or persons or the National Forest Service itself to undertake any reforestation or other land use in the disaster area on such terms and conditions as he thinks fit.
The Forestry Regulation 1992 is hereby repealed.
Forest Industry Participants or Consultants who have been registered under the repealed Regulations shall be deemed to have been registered under these Regulations.
[13](1) An application under Section 90(A) of the Act for an Authority to carry out a large scale agriculture or other land use development project shall–
(a) be in Form 233 of Schedule 1; and
(b) contain the information and particulars as are specified in Form 233 of Schedule 1.
(2) The fee payable on an application to carry out a large scale agricultural or other land use development project shall be as specified in Schedule 3.
[14]A return by the Board of an application for a large scale agricultural or other land use development project under Section 90(A) of the Act shall be in Form 234 of Schedule 1.
[15]The Board’s consultation with a Government body under Section 90(B) of the Act shall be in Form 235 of Schedule 1.
[16]The Board’s notice of a Public Hearing under Section 90(B)(2) of the Act shall be in Form 236 of Schedule 1.
[17]An instrument of appointment by the Board of a Chairman of a Public Hearing under Section 90(B)(4) of the Act shall be in Form 237 of Schedule 1.
[18]A reference of an application by the Chairman of a Public Hearing to a Provincial Forest Management Committee under Section 90(B)(6) of the Act shall be in Form 238 of Schedule 1.
[19]A request by a Provincial Forest Management Committee to the National Forest Service or a Government Department for assistance under Section 90(B)(8) of the Act shall be in Form 239 of Schedule 1.
[20]A report of a Provincial Forest Management Committee and recommendation to the Board under Section 90(B)(9) or 90(B)(10) of the Act shall be Form 240 of Schedule 1.
[21]The Board’s advice to an applicant under Section 90(B)(11) of the Act of a rejection of an application to carry out a large scale agriculture or other land use project shall be in Form 241 of Schedule 1.
[22]The Board’s recommendation under Section 90(B)(12) of the Act to the Minister to recommend to the Provincial Forest Management Committee to endorse an application for a large scale conversion of forest to agriculture shall be in Form 242 of Schedule 1.
[23]A rejection by the Board under Section 90(B)(13) of the Act of an application for a large scale agriculture or other land use project shall be in Form 243 of Schedule 1.
[24]A referral by the Minister to the National Executive Council under Section 90(B)(14) of the Act and the Board’s recommendation for approval of an application for an authority for a large scale agriculture or other land use development project shall be in Form 244 of Schedule 1.
[25]A direction of the National Executive Council under Section 90(B)(15) of the Act to the Minister to endorse or reject an application for an Authority to carry out a large scale agriculture or other land use project shall be in Form 245 of Schedule 1.
[26]The Minister’s advice to the Board under Section 90(B)(16) of the Act of the National Executive Council’s direction to endorse or reject a recommendation of the Board to approve an application for an Authority to carry out a large scale agriculture or other land use project shall be in Form 246 of Schedule 1.
[27]The Board’s advice to an Applicant and Provincial Forest Management Committee under Section 90(B)(17) of the Act of a decision of the National Executive Council to reject an application for an Authority to carry out a large scale agriculture or other land use development shall be in Form 247 of Schedule 1.
[28]An Authority under Section 90(B)(21) of the Act to carry out a large scale agriculture or other land use development project shall be in Form 248 of Schedule 1.
[29]A forest clearing authority under Section 90(B)(22) of the Act shall be in Form 249 of Schedule 1.
[30](1) An application under Section 90(c) of the Act for an Authority to carry out a large roadline development shall–
(a) be in Form 250 of Schedule 1; and
(b) contain the information and particulars as are specified in Form 250 of Schedule 1.
(2) The fee payable on an application to carry large scale roadline development project shall be as prescribed in Schedule 3.
[31]A return by the Board of an application for a large scale roadline development project under Section 90(D) of the Act shall be in Form 251 of Schedule 1.
[32]The Board’s consultation with a Government body under Section 90(D) of the Act shall be in Form 252 of Schedule 1.
[33]The Board’s notice of a Public Hearing under Section 90(D)(2) of the Act shall be in Form 253 of Schedule 1.
[34]An instrument of Appointment by the Board of a Chairman of a Public Hearing under Section 90(D)(4) of the Act shall be Form 254 of Schedule 1.
[35]A reference of an application by the Chairman of a Public Hearing to a Provincial Forest Management Committee under Section 90(D)(6) of the Act shall be in Form 255 of Schedule 1.
[36]A Request by a Provincial Forest Management Committee to the National Forest Service or a Government Department for assistance under Section 90(D)(8) of the Act shall be in Form 256 of Schedule 1.
[37]A Report of the Provincial Forest Management Committee and recommendation to the Board under Section 90(D)(9) or 90(D)(10) of the Act shall be in Form 257 of Schedule 1.
[38]The Board’s advice to an applicant under 90(D)(11) of the Act of a rejection of an application to carry out a large scale road development project shall be in Form 258 of Schedule 1.
[39]The Board’s recommendation under 90(D)(12) of the Act to the Minister to recommend to the National Executive Council to endorse an application for a large scale conversion of forest to road shall be in Form 259 of Schedule 1.
[40]A rejection by the Board under Section 90(D)(13) of the Act of an application for a large scale road development project shall be in Form 260 of Schedule 1.
[41]A referral by the Minister to the National Executive Council under Section 90(D)(14) of the Act of the Board’s recommendation for approval of an application to carry out a large scale road development project shall be in Form 261 of Schedule 1.
[42]A direction of the National Executive Council under Section 90(D)(15) of the Act to the Minister to endorse or reject an application for an Authority to carry out a large scale road development project shall be in Form 262 of Schedule 1.
[43]The Minister’s advice to the Board under Section 90(D)(16) of the Act of a National Executive Council’s direction to endorse or reject a recommendation of the Board to approve an application for an Authority to carry out a large scale road development project shall be in Form 263 of Schedule 1.
[44]The Board’s advice to an applicant and a Provincial Forest Management Committee under 90(D)(17) of the Act of a decision of the National Executive Council to reject an application for an Authority to carry out a large scale road development project shall be in Form 264 of Schedule 1.
[45]An Authority under Section 90(D)(21) of the Act to carry out a large scale road development project shall be in Form 265 of Schedule 1.
[46]A forest clearing authority under Section 90(D)(22) of the Act shall be in Form 249 of Schedule 1.
[47]A verification of ownership and consent of landowners under Section 90(A)(3)(f) and 90(D)(3)(g) of the Act shall be in Form 267 of Schedule 1and shall contain those particulars as set out in that Form.
[48]The prescribed Sales and Purchase Agreement under Section 90(B)(20) and 90(D)(20) of the Act shall be in Form 266 of Schedule 1 and shall contain those particulars as are set out in that Form.
[49](1) An application under Section 90(B)(5) and 90(D)(5) of the Act for copies of a summary of matters associated with an application for a large scale agriculture or other land use or road project shall be in Form 232 of Schedule 1.
(2) The fee payable on making an application shall be as specified in Schedule 3.
SCHEDULE 1
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 1 – Notice of dedication of Government land as a National Forest.
Act, Sec. 3 Form 1Reg. 2
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 2 – Declaration of reserved trees.
Act, Sec. 4 Form 2Reg. 3
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 3 – Ministers’ direction to the Authority.
Act, Sec. 7(2) Form 3Reg. 5
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 4 – Grant of leave of absence by the Chairman to a member/alternate member of the Board.
Act, Sec. 13(1) Form 4Reg. 6
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 5 – Grant of leave of absence by the Minister to the Chairman/Deputy Chairman of the Board.
Act, Sec. 13(2) Form 5Reg. 7
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 6 – Resignation of office by a Board member/alternate member.
Act, Sec. 14(1) Form 6Reg. 8
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 7 – Termination of a Board member/alternate member by the Minister.
Act, Sec. 14(2) Form 7Reg. 9
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 8 – Notice of intention by National Executive Council to a member/alternate member of the Board that it intends to terminate his appointment.
Act, Sec. 14(4) Form 8Reg. 10
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 9 – Representation to National Executive Council from Chairman/Deputy Chairman/member/alternate member of the Board.
Act, Sec. 14(5) Form 9Reg. 11
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 10 – Termination by National Executive Council of appointment of Chairman/Deputy Chairman/member/alternate member of the Board of the Forest Authority.
Act, Sec. 14(5) Form 10Reg. 12
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 11 – Determination of the Board to convene a meeting of the Board.
Act, Sec. 16(1) Form 11Reg. 13
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 12 – Convening of a Board meeting pursuant to a direction by the Chairman/Deputy Chairman of the Board.
Act, Sec. 16(1) Form 12Reg. 14
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 13 – Request by Minister to Chairman/Deputy Chairman of the Board to convene a meeting of the Board.
Act, Sec. 16(2) Form 13Reg. 15
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 14 – Request by not less than two members of the Board to the Chairman/Deputy Chairman of the Board to convene a meeting of the Board.
Act, Sec. 16(2) Form 14Reg. 16
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 15 – Convening of a Board meeting by Chairman/Deputy Chairman pursuant to a request by the Minister for Forests.
Act, Sec. 16(2) Form 15Reg. 17
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 16 – Convening of a Board meeting by Chairman/Deputy Chairman pursuant to a request by two or more members of the Board.
Act, Sec. 16(2) Form 16Reg. 18
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 17 – Request by Minister to Chairman/Deputy Chairman of the Board to convene a meeting of the Board.
Act, Sec. 16(4) Form 17Reg. 19
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 18 – Convening of a Board meeting by Managing Director pursuant to a request to the Board by the Minister for Forests.
Act, Sec. 16(5) Form 18Reg. 20
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 19 – Minister’s consultation with Board on proposed delegation of Board’s powers.
Act, Sec. 19 Form 19Reg. 21
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 20 – [50]Delegation by the Minister of all or any of his powers and functions to the Board.
Act, Sec. 19 Form 20Reg. 22
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 21 – [51]Delegation by the Board of all or any of its powers and functions to the Managing Director of the National Forest Service.
Act, Sec. 19 Form 21Reg. 23
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 22 – Letter of transmittal of Board’s annual report.
Act, Sec. 20(1) Form 22Reg. 24
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 23 – Letter of transmittal of Board’s annual report.
Act, Sec. 20(2)(b) Form 23Reg. 25
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 24 – Appointment of members and alternate members of provincial forestry management committee.
Act, Sec. 22(2), 23(1) Form 24Reg. 26
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 25 – Appointment of members of Provincial Forest Management Committee.
Act, Sec. 22(2) Form 25Reg. 27
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 26 – REVOCATION OF APPOINTMENT AND APPOINTMENT OF MEMBER OF THE PROVINCIAL FOREST MANAGEMENT COMMITTEE.
Act, Sec. 22(2) Form 26Reg. 28
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 27 – Revocation of appointment and appointment of alternate member of the Provincial Forest Management Committee.
Act, Sec. 23 Form 27Reg. 29
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 28 – Grant of leave of absence by the Chairman of a Provincial Forest Management Committee to a member/alternate member of the committee.
Act, Sec. 24(1) Form 28Reg. 30
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 29 – Grant of leave of absence by the Chairman of the Forest Board to the Chairman of a Provincial Forest Management Committee.
Act, Sec. 24(2) Form 29Reg. 31
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 30 – Resignation of office by a member/alternate member of a Provincial Forest Management Committee.
Act, Sec. 25(1) Form 30Reg. 32
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 31 – Termination of a member/alternate member of a Provincial Forest Management Committee by the Chairman of the Board.
Act, Sec. 25(2) Form 31Reg. 33
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 32 – Request to Board by a body which has nominated a member/alternate member to a Provincial Forest Management Committee to terminate the appointment.
Act, Sec. 25(3) Form 32Reg. 34
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 33 – Termination by Board of appointment of a member/alternate member of the Provincial Forest Management Committee.
Act, Sec. 25(3) Form 33Reg. 35
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 34 – Notice of intention by the Chairman of the Board to a member/alternate member of a Provincial Forest Management Committee that he intends to terminate his appointment.
Act, Sec. 25(4) Form 34Reg. 36
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 35 – Representation to Chairman of the Board from a member/alternate member of a Provincial Forest Management Committee.
Act, Sec. 25(5) Form 35Reg. 37
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 36 – Termination by Chairman of the Board of appointment of member/alternate member of a Provincial Forest Management Committee.
Act, Sec. 25(5), 25(6) Form 36Reg. 38
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 37 – Determination by the Chairman of a Provincial Forest Management Committee to convene a meeting of the committee.
Act, Sec. 27(1) Form 37Reg. 39
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 38 – Request to the Chairman of a Provincial Forest Management Committee by the Board/Managing Director National Forest Service to convene a meeting of the committee.
Act, Sec. 27(2) Form 38Reg. 40
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 39 – Request to the Chairman of a Provincial Forest Management Committee by not less than two members to convene a meeting of the committee.
Act, Sec. 27(2) Form 39Reg. 41
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 40 – Convening of a Provincial Forest Management Committee by the Chairman of the Provincial Forest Management Committee pursuant to a request by the Board/Managing Director of the National Forest Service/not less than two members of the Provincial Forest Management Committee.
Act, Sec. 27(2) Form 40Reg. 42
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 41 – Provincial Forest Management Committee notice to the owner of a forest resource.
Act, Sec. 28(3) Form 41Reg. 43
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 42 – Delegation of Provincial Forest Management Committee’s functions to the National Forest Service.
Act, Sec. 30(2) Form 42Reg. 44
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 43 – Letter of transmittal of Provincial Forest Management Committee annual report.
Act, Sec. 31(1) Form 43Reg. 45
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 44 – Annual report of the Provincial Forest Management Committee.
Act, Sec. 31(1) Form 44Reg. 46
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 45 – Letter of transmittal of annual report of Provincial Forest Management Committee.
Act, Sec. 31(2) Form 45Reg. 47
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 46 – Establishment of an Advisory Committee of the Board.
Act, Sec. 32 Form 46Reg. 48
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 47 – Appointment to an Advisory Committee of the Board.
Act, Sec. 32 (2)(a) Form 47Reg. 49
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 48 – Board’s advice to the Minister on other functions of the Managing Director.
Act, Sec. 35(2) Form 48Reg. 50
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 49 – Determination by the Minister for Forests on other functions to be carried out by the Managing Director.
Act, Sec. 35(2) Form 49Reg. 51
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 50 – Delegation of powers by Managing Director.
Act, Sec. 35(3) Form 50Reg. 52
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 51 – Minister’s consultation with Board on proposed appointment of consultant.
Act, Sec. 40 Form 51Reg. 54
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 52 – Board’s and Managing Director’s advice to Minister for Forests on proposal by Minister to appoint a consultant.
Act, Sec. 40 Form 52Reg. 55
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 53 – Appointment of consultant by the Minister for Forests.
Act, Sec. 40 Form 53Reg. 56
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 54 – Board recommendation to Minister to appoint Forest Officers.
Act, Sec. 41(1) Form 54Reg. 57
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 55 – Instrument of appointment of Forest Officers.
Act, Sec. 41(1) Form 55Reg. 58
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 56 – Board recommendation to Minister to appointment Forest Inspectors.
Act, Sec. 41(2) Form 56Reg. 59
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 57 – Instrument of appointment of Forest Inspectors.
Act, Sec. 41(2) Form 57Reg. 60
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 58 – Minister’s consultation with the Board on proposed establishment of a State Marketing Agency.
Act, Sec. 42(1) Form 58Reg. 61
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 59 – Board’s advice to Minister for Forests on proposal by Minister to establish a State Marketing Agency.
Act, Sec. 42(1) Form 59Reg. 62
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 60 – Determination by the Board for the management staffing and control of the State Marketing Agency established as a division of the National Forest Service by the Minister for Forests.
Act, Sec. 42(2) Form 60Reg. 63
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 61 – Establishment of a State Marketing Agency as a division of the National Forest Service by the Minister for Forests/or otherwise.
Act, Sec. 42(1) Form 61Reg. 63
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 62 – Notice to Minister for Finance of Board’s intention to execute a Project Agreement and seeking the Minister for Finance’s approval.
Act, Sec. 44(1) Form 62Reg. 65
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 63 – Minister for Finance’s approval for Board to execute a project agreement.
Act, Sec. 44(1) Form 63Reg. 66
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 64 – Notice to Minister for Finance of Board’s intention to execute a contract and seeking the Minister for Finance’s approval.
Act, Sec. 44(1) Form 64Reg. 67
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 65 – Minister for Finance’s approval for Board to execute a contract.
Act, Sec. 44(1) Form 65Reg. 68
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 66 – Certified National Forest Inventory.
Act, Sec. 47(2)(b) Form 66Reg. 69(4)
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 67 – Annual statement by the Board of allowable cut volumes.
Act, Sec. 47(2)(c)(iii) Form 67Reg. 69(6)
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 68 – Letter of transmittal of National Forest Plan.
Act, Sec. 48 Form 68Reg. 70
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 69 – Submission of Provincial Forest Plan to Board.
Act, Sec. 50(1) Form 69Reg. 71
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 70 – Referral by Board to the provincial government of Provincial Forest Plan.
Act, Sec. 50(2) Form 70Reg. 72
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 71 – Re-submission of Provincial Forest Plan to Board by provincial government.
Act, Sec. 50(3) Form 71Reg. 73
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 72 – Board’s notification to Chairman of the Committee of the Provincial Executive Council responsible for forestry functions relating to Provincial Forest Plan.
Act, Sec. 51(a) Form 72Reg. 74
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 73 – Letter of transmittal of Provincial Forest Plan.
Act, Sec. 51(b) Form 73Reg. 75
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 74 – Declaration of restricted area by Managing Director.
Act, Sec. 52 Form 74Reg. 76
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 75 – Burning permit.
Act, Sec. 53 Form 75Reg. 77
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 76 – Application for burning permit.
Act, Sec. 53 Form 76Reg. 78
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 77 – Approval of Minister for Forests to a Forest Management Agreement.
Act, Sec. 56(2) Form 77Reg. 80
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 78 – Board request to the Minister to approve a Forest Management Agreement.
Act, Sec. 56(2) Form 78Reg. 81
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 79 – Certificate from Provincial Forest Management Committee.
Act, Sec. 58 Form 79Reg. 82
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 80 – Notice of Boards intentions in recommending the allocation of a timber permit.
Act, Sec. 59 Form 80Reg. 83
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 81 – Board direction to National Forest Service or a contractor to carry out a development options study over a proposed project area.
Act, Sec. 62(1) Form 81Reg. 84
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 82 – Board request to Provincial Forest Management Committee to give directions to the Board on the carrying out of a development options study.
Act, Sec. 62(3)(b) Form 82Reg. 85
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 83 – Directions to the Board from the Provincial Forest Management Committee on development options study.
Act, Sec. 62(3)(b) Form 83Reg. 86
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 84 – Provision of development options study to the Minister and the Provincial Forest Management Committee.
Act, Sec. 62(4) Form 84Reg. 87
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 85 – Submission to Board of draft project guidelines by Provincial Forest Management Committee.
Act, Sec. 63(2) Form 85Reg. 88
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 86 – Board’s issuance of final project guidelines for forest development project.
Act, Sec. 63(2) Form 86Reg. 89
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 87 – Registration of expression of interest in a forest development project and project proposal.
Act, Sec. 66 Form 87Reg. 90
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 88 – [52]Invitation by Board to the holder of a timber permit to lodge an expression of interest and make a project proposal in respect to an extension of an existing approved operation.
Act, Sec. 64(3) Form 88Reg. 91
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 89 – Application to the Board by the holder of a timber permit to approve a forest development project as an extension of an existing approved operation.
Act, Sec. 64(3) Form 89Reg. 92
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 90 – Grant or refusal of grant of permission to carry out feasibility study.
Act, Sec. 65 Form 90Reg. 93
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 91 – Application to carry out feasibility studies.
Act, Sec. 65 Form 91Reg. 94
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 92 – Registration of expression of interest in a forest development project and project proposal which relates to an extension of an existing approved operation.
Act, Sec. 66 Form 92Reg. 95
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 93 – Reference of project proposals to Provincial Forest Management Committee.
Act, Sec. 67 Form 93Reg. 96
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 94 – Provincial Forest Management Committee invitation to proponent for further information.
Act, Sec. 68 Form 94Reg. 97
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 95 – Provincial Forest Management Committee report and recommendations to the Board.
Act, Sec. 69 Form 95Reg. 98
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 96 – Boards consultation with Minister for Forests on report and recommendations of a Provincial Forest Management Committee.
Act, Sec. 70(1)(a) Form 96Reg. 99
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 97 – Minister for Forests views on Provincial Forest Management Committee’s report and recommendations and on the Boards views.
Act, Sec. 70(a) Form 97Reg. 100
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 98 – Board directions to the Provincial Forest Management Committee on project agreements.
Act, Sec. 70 Form 98Reg. 101
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 99 – Board recommendation to the Provincial Forest Management Committee on the parameters within which negotiations should be conducted and recommendations on the composition of a negotiating committee.
Act, Sec. 70(1)(c) and (d) Form 99Reg. 102
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 100 – Provincial Forest Management Committee’s confirmation to the Board on the parameters within which negotiations are to be conducted and of the composition of a negotiating committee.
Act, Sec. 70(1)(c) and (d) Form 100Reg. 103
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 101 – Confirmation by the Board to the Provincial Forest Management Committee of the parameters within which negotiations shall be conducted and on the composition of a negotiating committee.
Act, Sec. 70(1)(c) and (d) Form 101Reg. 104
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 102 – Advice to Board by Provincial Forest Management Committee that negotiations in respect to a project agreement have failed.
Act, Sec. 71 & 72 Form 102Reg. 105
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 103 – Submission of final draft of project agreement by Provincial Forest Management Committee to the Board.
Act, Sec. 71 Form 103Reg. 106
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 104 – Board’s recommendation to the Minister to grant a timber permit.
Act, Sec. 72 Form 104Reg. 107
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 105 – Referral from the Board to the Provincial Forest Management Committee of draft project agreement.
Act, Sec. 72 Form 105Reg. 108
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 106 – Submission to Board of further final draft of project agreement by Provincial Forest Management Committee.
Act, Sec. 72 Form 106Reg. 109
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 107 – Minister’s invitation to a person to make an application for a timber permit.
Act, Sec. 73, 75 Form 107Reg. 110
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 108 – Minister’s non-acceptance of Board recommendation to grant a timber permit.
Act, Sec. 73 Form 108Reg. 111
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 109 – Boards final recommendation to Minister to grant a timber permit.
Act, Sec. 74 Form 109Reg. 112
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 110 – Minister for Forests referral of Board recommendation for a grant of a timber permit to National Executive Council.
Act, Sec. 75(2) Form 110Reg. 113
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 111 – Direction of National Executive Council to the Minister for Forests to accept the recommendation of the Board of the Forest Authority to grant a timber permit.
Act, Sec. 76 Form 111Reg. 114
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 112 – Direction of National Executive Council to the Minister for Forests to reject the recommendation of the Board of the Forest Authority to grant a timber permit.
Act, Sec. 76 Form 112Reg. 115
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 113 – Minister’s advice to the Board of National Executive Council’s direction to the Minister for Forests to accept the recommendation of the Board of the Forest Authority to grant a timber permit.
Act, Sec. 76 (2)(b) Form 113Reg. 116
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 114 – Minister’s advice to the Board of National Executive Councils direction to the Minister for Forests to reject the recommendation of the Board of the Forest Authority to grant a timber permit.
Act, Sec. 76 (2)(b) Form 114Reg. 117
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 115 – Timber Permit.
Act, Sec. 73 Form 115Reg. 118
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 116 – Application for Timber Permit.
Act, Sec. 77 Form 116Reg. 119
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 117 – Return of an application for a Timber Permit.
Act, Sec. 77(1) Form 117Reg. 120
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 118 – Timber Permit extension or renewal of the term.
Act, Sec. 78 Form 118Reg. 121
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 119 – Return by Managing Director of application for extension or renewal of the term a Timber Permit.
Act, Sec. 78(1) Form 119Reg. 122
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 120 – Application for extension or renewal of term of Timber Permit.
Act, Sec. 78 Form 120Reg. 123
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 121 – Board request to Provincial Forest Management Committee for a report on Timber Permit extension or renewal.
Act, Sec. 78 Form 121Reg. 124
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 122 – Report to the Board by a Provincial Forest Management Committee on an application for an extension or renewal of the term of a Timber Permit.
Act, Sec. 78(3) Form 122Reg. 125
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 123 – Rejection by Board of application for extension or renewal of term of a Timber Permit.
Act, Sec. 78(4) Form 123Reg. 126
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 124 – Recommendation by Board to the Minister for extension or renewal of Timber Permit.
Act, Sec. 78(4) Form 124Reg. 127
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 125 – Board notice to a holder of a Timber Permit that it requires an amendment to a Timber Permit.
Act, Sec. 79(3) Form 125Reg. 128
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 126 – Managing Director’s notice of Minister’s approval of transfer of Timber Permit.
Act, Sec. 81, 83 Form 126Reg. 129
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 127 – Managing Director’s notice of Minister’s approval of surrender of Timber Permit.
Act, Sec. 81, 83 Form 127Reg. 130
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 128 – Managing Director’s notice of Minister’s approval of amendment of Timber Permit.
Act, Sec. 81, 83 Form 128Reg. 131
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 129 – Application for transfer amendment or surrender of Timber Permit.
Act, Sec. 79 Form 129Reg. 133
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 130 – Return by Managing Director of an application to transfer/amend or surrender a Timber Permit.
Act, Sec. 79(1) Form 130Reg. 134
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 131 – Board’s recommendation to Minister on transfer amendment surrender of a Timber Permit.
Act, Sec. 80 Form 131Reg. 135
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 132 – Approval of Minister.
Act, Sec. 81 Form 132Reg. 136
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 133 – Minister’s referral to Board of application to transfer amend surrender a Timber Permit.
Act, Sec. 81 Form 133Reg. 137
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 134 – Board’s final recommendation to the Minister on transfer, amendment and surrender of a Timber Permit.
Act, Sec. 82 Form 134Reg. 138
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 135 – Approval of Minister to the transfer/amendment/surrender of a Timber Permit.
Act, Sec. 83 Form 135Reg. 139
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 136 – Minister for Forests referral of application for a transfer/amendment/surrender of a Timber Permit to National Executive Council.
Act, Sec. 83(3) Form 136Reg. 140
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 137 – Directions of National Executive Council to the Minister for Forests to accept the recommendation of the Board of the Forest Authority for a transfer/amendment or surrender of a Timber Permit.
Act, Sec. 84 Form 137Reg. 141
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 138 – Directions of National Executive Council to the Minister for Forests to reject the recommendation of the Board of the Forest Authority for a transfer/amendment or surrender of a Timber Permit.
Act, Sec. 84 Form 138Reg. 142
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 139 – Minister’s advice to the Board and the holder of a Timber Permit of National Executive Council’s directions to the Minister for Forests to accept the recommendation of the Board of the Forest Authority for a transfer/amendment or surrender of a Timber Permit.
Act, Sec. 84 (2)(a) Form 139Reg. 143
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 140 – Ministers advice to the Board and to the holder of a Timber Permit of National Executive Council’s directions to the Minister for Forests to reject the recommendation of the Board of the Forest Authority for a transfer/amendment or surrender of a Timber Permit.
Act, Sec. 84 (2)(a) Form 140Reg. 144
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 141 – Suspension of rights of a timber permit, Timber Authority, licence.
Act, Sec. 85 Form 141Reg. 145
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 142 – Notice of intention to suspend rights under a Timber Permit/Timber Authority/licence.
Act, Sec. 85 Form 142Reg. 146
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 143 – Request of holder of Timber Permit, Timber Authority or licence to be heard on suspension of rights.
Act, Sec. 85 Form 143Reg. 147
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 144 – Application of holder of Timber Permit, Timber Authority or licence to re-instate rights.
Act, Sec. 85 Form 144Reg. 148
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 145 – Recission of notice of suspension of rights by Managing Director.
Act, Sec. 85 Form 145Reg. 149
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 146 – Re-instatement by Managing Director of rights suspended.
Act, Sec. 85 Form 146Reg. 150
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 147 – Cancellation of Timber Permit by Minister.
Act, Sec. 86 Form 147Reg. 151
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 148 – Notice of intention by Managing Director to cancel Timber Permit.
Act, Sec. 86 Form 148Reg. 152
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 149 – Representation to Managing Director from holder of Timber Permit.
Act, Sec. 86 Form 149Reg. 153
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 150 – Request of holder of Timber Permit to be heard on cancellation of Timber Permit.
Act, Sec. 86 Form 150Reg. 154
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 151 – Managing Director’s report to Board of hearing of proposed cancellation of Timber Permit.
Act, Sec. 86 Form 151Reg. 155
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 152 – Managing Director’s report to Board where there has been no representations made or hearing requested in respect to a proposed cancellation of a Timber Permit.
Act, Sec. 86 Form 152Reg. 156
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 153 – Recommendation by Board to Minister on proposed cancellation of Timber Permit.
Act, Sec. 86 Form 153Reg. 157
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 154 – Board’s advice to Minister to cancel a Timber Permit.
Act, Sec. 86 Form 154Reg. 158
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 155 – Timber Authority for domestic processing up to 5,000 cubic metres per year.
Act, Sec. 87 Form 155Reg. 159
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 156 – Application for timber authority–Annual cut under 5,000 cubic metres, Domestic Processing.
Act, Sec. 88 Form 156Reg. 160
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 157 – [53]Timber authority for roadline clearance of up to 12.5 kilometres in length.
Act, Sec. 87 Form 157Reg. 161
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 158 – [54]Application for timber authority for roadline clearance of up to 12.5 kilometres in length.
Act, Sec. 88 Form 158Reg. 162
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 159 – [55]Timber authority for the removal of up to 50 hectares of trees for agricultural or other land use.
Act, Sec. 87 Form 159Reg. 163
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 160 – [56]Application for timber authority for agricultural or other land use clearance for the removal of up to 50 hecatres of trees.
Act, Sec. 88 Form 160Reg. 164
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 161 – Timber authority to harvest other forest products other than plantation material.
Act, Sec. 87 Form 161Reg. 165
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 162 – Application for timber authority for harvesting of other forest produce other than plantation material.
Act, Sec. 88 Form 162Reg. 166
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 163 – Timber authority to harvest plantation material on government, state leasehold, private leasehold or private freehold lands.
Act, Sec. 87 Form 163Reg. 167
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 164 – Application for timber authority for harvesting plantation material on government, state leasehold, private leasehold or private freehold land.
Act, Sec. 88 Form 164Reg. 168
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 165 – Timber authority.–Verification of ownership and consent of landowners.
Act, Sec. 88 Form 165Reg. 160, 162, 164, 166, 168
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 166 – Sales and purchase agreement.
Act, Sec. 88 Form 166Reg. 160, 162, 164. 166, 168
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 167 – Application for timber authority.
Act, Sec. 88 Form 167Reg. 169
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 168 – Referral to the Provincial Forest Management Committee of application for timber authority.
Act, Sec. 88 Form 168Reg. 170
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 169 – Rejection by a Provincial Forest Management Committee of an application for a timber authority.
Act, Sec. 89(4) Form 169Reg. 171
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 170 – Recommendation by the Provincial Forest Management Committee.
Act, Sec. 89(4) Form 170 Reg. 172
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 171 – Notice of intention to grant timber authority.
Act, Sec. 89(5) Form 171Reg. 173
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 172 – Consent/non-consent to grant of timber authority.
Act, Sec. 89 Form 172Reg. 174
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 173 – Cancellation of timber authority.
Act, Sec. 90 Form 173Reg. 175
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 174 – Notice of intention to cancel timber authority.
Act, Sec. 90 Form 174Reg. 176
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 175 – Licence.
Act, Sec. 91 Form 175Reg. 177
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 176 – Return by Managing Director of an application for a licence.
Act, Sec. 91(1) Form 176Reg. 178
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 177 – Application for licence.
Act, Sec. 92 Form 177Reg. 179
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 178 – Return by Managing Director of an application for a licence.
Act, Sec. 92 Form 178Reg. 180
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 179 – Referral to Board for consideration of application for a licence.
Act, Sec. 93 Form 179Reg. 181
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 180 – Board determination to seek assistance from the National Forest Service or any relevant department in evaluating an application for the issue of a licence.
Act, Sec. 93(3) Form 180Reg. 182
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 181 – Rejection by the Board of an application for a licence.
Act, Sec. 93(4) Form 181Reg. 183
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 182 – Cancellation of licence.
Act, Sec. 97 Form 182Reg. 184
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 183 – Notice of intention to cancel licence.
Act, Sec. 97 Form 183Reg. 185
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 184 – Representation to Managing Director from holder of licence.
Act, Sec. 97 Form 184Reg. 186
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 185 – Request of holder of licence to be heard on cancellation of licence.
Act, Sec. 97 Form 185Reg. 187
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 186 – Managing Director’s report to Board of hearing on proposed cancellation of licence.
Act, Sec. 97 Form 186Reg. 188
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 187 – Recommendation by Board to Minister on proposed cancellation of licence.
Act, Sec. 97 Form 187Reg. 189
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 188 – Managing Director’s report to Board where no representations have been made or hearing requested in respect to a proposed cancellation of a licence.
Act, Sec. 97 Form 188Reg. 190
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 189 – Board’s advice to Minister to cancel a licence.
Act, Sec. 97 Form 189Reg. 191
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 190 – Licence extension.
Act, Sec. 95 Form 190Reg. 192
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 191 – Application for extension of licence.
Act, Sec. 95 Form 191Reg.193
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 192 – Return by Managing Director of application for extension of term of a licence.
Act, Sec. 95(1) Form 192Reg. 194
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 193 – Rejection of application for extension of term of a licence.
Act, Sec. 95(2) Form 193Reg. 195
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 194 – [57]Performance bond deed.
Act, Sec. 98 Form 194Reg. 196
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 195 – Confirmation of lodgement of performance bond deed.
Act, Sec. 98 Form 195Reg. 197
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 196 – Notice of intention to draw on performance bond.
[58]Act, Sec. 98 Form 196Reg.197
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 197 – Notice of determination.
Act, Sec. 98 Form 197Reg. 197
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 198 – Authority for release of performance bond. Authority to release funds in bond account.
Act, Sec. 98 Form 198Reg. 197
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 199 – [59]Notice requiring deposit to replenish performance bond drawn on.
Act, Sec. 98 Form 199Reg. 197
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 200 – Submission of project statement to Board.
Act, Sec. 100 Form 200Reg. 199
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 201 – Submission of five year working plan to Board.
Act, Sec. 101 Form 201Reg. 200
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 202 – Submission of annual logging plan to Board.
Act, Sec. 102 Form 202Reg. 201
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 203 – Certificate of satisfactory completion of work.
Act, Sec. 102(3) Form 203Reg. 201
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 204 – Notice of unsatisfactory completion of work.
Act, Sec. 102(3) Form 204Reg. 201 & 202
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 205 – Log scaler’s licence.
Act, Sec. 135 Form 205Reg. 205
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 206 – Application for log scaler’s licence.
Act, Sec. 135 Form 206Reg. 205
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 207 – Notice of intention to cancel scaler’s licence.
Act, Sec. 135 Form 207Reg. 206
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 208 – Cancellation of log scaler’s licence.
Act, Sec. 135 Form 208Reg. 207
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 209 – Certificate of registration as a Forest Industry Participant.
Act, Sec. 111 Form 209Reg. 208
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 210 – Application for registration as Forest Industry Participant.
Act, Sec. 107 Form 210Reg. 209
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 211 – Certificate of registration as forest industry consultant.
Act, Sec. 111 Form 211Reg. 210
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 212 – Application for registration as a consultant.
Act, Sec. 107 Form 212Reg. 211
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 213 – Return of application for registration as a Forest Industry participant/consultant.
Act, Sec. 107 and 108 Form 213Reg. 212
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 214 – Notification by a registered Forest Industry participant/consultant of change of particulars.
Act, Sec. 135 FORM 214Reg. 213
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 215 – Notification of intention to make referral to the Board.
Act, Sec. 112 Form 215Reg. 214
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 216 – Referral to Board for consideration of cancellation of registration.
Act, Sec. 112 Form 216Reg. 215
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 217 – Notice of Board’s direction.
Act, Sec. 112 Form 217Reg. 216
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 218 – Appeal to Minister on registration, etc.
Act, Sec. 113 Form 218Reg. 217
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 219 – Minister’s decision on appeal.
Act, Sec. 113 Form 219Reg. 218
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 220 – Notice of proposal by State Marketing Agency to exercise option.
Act, Sec. 115 Form 220Reg. 220
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 221 – Variation by the Minister for Forest of royalty payable under a Timber Permit.
Act, Sec. 120 Form 221Reg. 222
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 222 – Notice of levy under Section 121.
Act, Sec. 121 Form 222Reg. 223
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 223 – Lawful direction.
Act, Sec. 122(g) Form 223Reg. 224
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 224 – Notice of seizure.
Act, Sec. 123 Form 224Reg. 225
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 225 – Notice of forfeiture.
Act, Sec. 124 Form 225Reg. 227
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 226 – Declaration banning export of timber, etc.
Act, Sec. 134 Form 226Reg. 228
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 227 – Registration of brand.
Act, Sec. 135(1)(zb) Form 227Reg. 229
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 228 – Application to register in the Authority a brand.
Act, Sec. 135(1)(2)(b) Form 228Reg. 230
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 229 – Certification of registration of timber processing plant and of the operator of such plant.
Act, Sec. 135 Form 229Reg. 239
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 230 – Application for registration of timber processing plant and registration of the operator of such plant.
Act, Sec. 135 Form 230Reg. 240
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 231 – Board notice to vary terms or conditions of registration, permit, licence, timber rights purchase agreement, authority or agreement.
Act, Sec. 137 Form 231Reg. 242
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 232 – Application for maps, forms, studies, extracts, tenders documentation, registration of expression of interest, etc.
Act, Sec. 135 Form 232Reg. 248
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 233 – [60]Application for an authority to carry out a large scale agricultural or other land use development project where the amount of proposed clearance of natural forest is greater than 50 hectares in total.
Act, Sec. 90A Form 233Reg. 254
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 234 – [61]Return of an application for a large scale conversion of forest to agriculture or other land use.
Act, Sec. 90(B) Form 234Reg. 255
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 235 – [62]Boards consultation with a Government body relating to an application to carry out a large scale agriculture or other land use development.
Act, Sec. 90(B) Form 235Reg. 256
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 236 – [63]Notice of a Public Hearing in respect to an application for an authority to carry out a large scale agriculture or other land use development.
Act, Sec. 90(B)(2) Form 236Reg. 257
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 237 – [64]Instrument of appointment of Chairman of a Public Hearing.
Act, Sec. 90(B)(4) Form 237Reg. 258
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 238 – [65]Reference of an application for a proposed large scale agriculture or other land use project and summary of Public Hearing to Provincial Forest Management Committee.
Act, Sec. 90(B)(6) Form 238Reg. 259
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 239 – [66]Provincial Forest Management Committee request for assistance of National Forest Service or other relevant Department.
Act, Sec. 90(B)(8) Form 239Reg. 260
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 240 – [67]Provincial Forest Management Committee report and recommendation to the Board to approve/reject an application for an authority to carry out an agricultural or other land use project.
Act, Sec. 90(B)(9) & (10) Form 240Reg. 261
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 241 – [68]Board’s advice to applicant of rejection of application for an authority to carry out a large scale agriculture or other land use project.
Act, Sec. 90(B)(11) Form 241Reg. 262
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 242 – [69]Board’s recommendation to Minister to recommend to the National Executive Council to endorse an application for a large scale conversion of forest to agriculture or other land use.
Act, Sec. 90(B)(12) Form 242Reg. 263
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 243 – [70]Rejection by Board of application for a large scale agriculture or other land use project.
Act, Sec. 90(B)(13) Form 243Reg. 264
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 244 – [71]Minister for Forests referral to Board recommendation for approval of an application for an authority to carry out a large scale agriculture or other land use development to National Executive Council.
Act, Sec. 90(B)(14) Form 244Reg. 265
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 245 – [72]Direction of National Executive Council to the Minister for Forests to endorse/reject an application for an authority to carry out a large scale agricultural or other land use project.
Act, Sec. 90(B)(15) Form 245Reg. 266
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 246 – [73]Minister’s advice to the Board of National Executive Councils direction to the Minister for Forests to endorse/reject the recommendation of the Board of the Forest Authority to approve an application for an authority to carry out a large scale agriculture or other land use project.
Act, Sec. 90(B)(16) Form 246Reg. 267
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 247 – [74]Board’s advice to applicant and Provincial Forest Management Committee of decision of the National Executive Council directing the Minister to reject an application for an authority to carry out a large scale agricultural or other land use development.
Act, Sec. 90(B)(17) Form 247Reg. 268
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 248 – [75]Authority to carry out a large scale agricultural or other land use development project.
Act, Sec. 90(B)(21) Form 248Reg. 269
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 249 – [76]Forest Clearing Authority.
Act, Sec. 90(B)(22) Form 249Reg. 270
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 250 – [77]Application for authority to carry out a large scale roadline development project over an existing forested area where the proposed road will be greater than 12.5 kilometres in length.
Act, Sec. 90(C) Form 250Reg. 271
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 251 – [78]Return of an application for a large scale conversion of forest to road.
Act, Sec. 90(D) Form 251Reg. 272
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 252 – [79]Boards consultation with a Government body relating to an application to carry out a large scale road development project.
Act, Sec. 90(D) Form 252Reg. 273
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 253 – [80]Notice of a Public Hearing in respect to an application for an authority to carry out a large scale road development project.
Act, Sec. 90(D)(2) Form 253Reg. 274
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 254 – [81]Instrument of appointment of Chairman of a Public Hearing.
Act, Sec. 90(D)(4) Form 254Reg. 275
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 255 – [82]Reference of an application for a proposed large scale road development project and summary of Public Hearing to Provincial Forest Management Committee.
Act, Sec. 90(D)(6) Form 255Reg. 276
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 256 – [83]Provincial Forest Management Committee request for assistance of National Forest Service or other relevant Department.
Act, Sec. 90(D)(8) Form 256Reg. 277
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 257 – [84]Provincial Forest Management Committee report and recommendation to the Board to approve/reject an application for an authority to carry out a large scale road development project.
Act, Sec. 90(D)(9) & (10) Form 257Reg. 278
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 258 – [85]Board’s advice to applicant of rejection of application for an authority to carry out a large scale road development project.
Act, Sec. 90(D)(11) Form 258Reg. 279
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 259 – [86]Board’s recommendation to Minister to recommend to the National Executive Council to endorse an application for a large scale conversion of forest to road.
Act, Sec. 90(D)(12) Form 259Reg. 280
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 260 – [87]Rejection by Board of application for a large scale road development project.
Act, Sec. 90(D)(13) Form 260Reg. 281
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 261 – [88]Minister for Forests referral to Board recommendation for approval of an application for an authority to carry out a large scale road development project to National Executive Council.
Act, Sec. 90(D)(14) Form 261Reg. 282
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 262 – [89]Direction of National Executive Council to the Minister for Forests to endorse/reject an application for an authority to carry out a large scale road development project.
Act, Sec. 90(D)(15) Form 262Reg. 283
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 263 – [90]Minister’s advice to the Board of National Executive Councils direction to the Minister for Forests to endorse/reject the recommendation of the Board of the Forest Authority to approve an application for an authority to carry out a large scale road development project.
Act, Sec. 90(D)(16) Form 263Reg. 284
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 264 – [91]Board’s advice to applicant and Provincial Forest Management Committee of decision of National Executive Council directing the Minister to reject an application for an authority to carry out a large scale road development project.
Act, Sec. 90(D)(17) Form 264Reg. 285
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 265 – [92]Authority to carry out a large road development project.
Act, Sec. 90(D)(21) Form 265Reg. 286
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 266 – [93]Forest Clearing Authority.
Act, Sec. 90(D)(22) Form 266Reg. 287
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 267 – [94]Verification of ownership and consent of landowners.
Act, Sec. 90(A)(3)(f) & 90(D)(3)(g) Form 267Reg. 288
PAPUA NEW GUINEA.
Forestry Act 1991.
Form 268 – [95]Sales and purchase agreement.
Act, Sec. 90(B)(20) & 90(D)(20) Form 268Reg. 289
SCHEDULE 2 – [96].
INDEPENDENT STATE OF PAPUA NEW GUINEA
| Act. Sec. 98 Reg. Sec. 90 | |
| NOMINATED BREACHES OF CONDITIONS OR REQUIREMENTS OF A TIMBER PERMIT, TIMBER AUTHORITY AND LICENCE | SCALE OF DEDUCTIONS |
|---|---|
| - Non-payment of Royalty or Royalty Equivalent under a Timber Permit or Timber Authority | The amount of the non-payment |
| - Non-payment of levies | The amount of the non-payment |
| - Failure to carry out any contractural obligations according to the specified schedule in the Project Agreement(s) entered into between
the holder and the State or Timber Permit, authority and licence including the construction and/or maintenance of roads, bridges,
wharves, berthing and loading facilities and building the development of local business opportunities, training of PNG nationals,
etc. | The cost either as proposed in the holder’s proposal (adjusted for inflation) or as certified by the head of the relevant government
agency or an appropriate registered professional within PNG. |
| - Failure to implement and carry out in part or in whole an agricultural development project | The cost as certified by the Secretary of the Department of Agriculture and Livestock of carrying out in part or in whole the agricultural
development project. |
| - Failure to observe environmental and forest management agreement standards or conditions in accordance to the Logging Code of Practice
or the Environment Act 2000. | The cost of any environmental or other damage as determined by the Secretary, Department of Environment and Conservation. |
| - Failure to carry out the harvesting of forest produce as permitted. | The value as determined by the Authority of logs not harvested or the amount of performance bond, whichever is the lesser. |
| - Harvesting of more forest produce than what is permitted | The value as determined by the Managing Director. |
| - Failure to carry out the harvesting of forest produce up to the limit of the Minimum Annual Allowable Cut. | The value of any required royalties, levies, premiums and taxes of the forest produce as determined by the Managing Director. |
| - Failure to carry out marketing of forest produce and/or failure to obtain arms length prices for forest produce harvested as stipulated
under Section 116 of the Act or Section 221 of this Regulation. | Twice the difference in the value between what was the market price at the time of harvest as determined by the Managing Director
and what the forest produce was sold for. |
| - Failure to measure, scale and record forest produce as stipulated under Section 204 of this Regulation. | The market value of the forest produce as determined by the Managing Director. |
| - Destroying forest produce without proper authorization. | The value as determined by the Managing Director. |
| - Failure to register a timber processing Plant | 15% of the Performance Bond. |
| - Failure to maintain and submit returns and records as required. | 10% of the Performance Bond. |
| - Failure to construct and maintain any buildings on the land including sawmills as defined in the project agreement(s), timber permit,
authority or licence. | The cost as certified by the Secretary, Department of Works of carrying out the construction or maintenance. |
SCHEDULE 3 – [97].
INDEPENDENT STATE OF PAPUA NEW GUINEA
| Provision of the Act or Regulation | Description of application or process | Fee |
|---|---|---|
| Regulation 87(b) | Application for copy of a Development Options study | K5,000 |
| Regulation 89(b) | Application for a copy of final project guidelines | K1,000 |
| Regulation 90(c) | Lodgement of Expression of Interest and accompanied Project Proposal | K100 |
| Regulation 94 | Application to carry out feasibility studies | K500 |
| Regulation 119 | Application for a timber permit | K1,000 |
| Regulation 123 | Application for extension or renewal of term a timber permit. | K3,000 |
| Regulation 133 | Application to transfer or amend a timber permit. | K5,000 |
| Regulation 133 | Application for surrender of a timber permit | K nil |
| Regulation 160, 162, 164, 166, 168 | Application for a timber: Where the applicant is a corporation whose shares are partly or wholly held by a company incorporated outside Papua New Guinea or
a person ordinarily resident outside Papua New Guinea | |
| | Form 156 | K500 |
| | Form 158 | K5,000 |
| | Form 160 | K10,000 |
| | Form 162 | K2.000 |
| | Form 164 | K2,000 |
| Regulation 160, 162, 164, 166, 168 | All other applications | |
| | | K250 |
| | Form 156 | K2,500 |
| | Form 158 | K5,000 |
| | Form 160 | K1,000 |
| | Form 162 | K1,000 |
| | Form 164 | |
| Regulation 179 | Application for a licence | K1,000 |
| Regulation 193 | Application for an extension of a licence | K500 |
| Regulation 199 | Submission of a Project Statement | K200 |
| Regulation 200 | Submission of a Five Year Working Plan | K200 |
| Regulation 201 | Submission of Annual Log Plan | K200 |
| Regulation 205 | Application for a log scaler’s licence | K200 |
| Regulation 209 and 211 | Application under Regulation 199 and 201 where the applicant is a corporation whose shares are partly wholly held by a company incorporated
outside PNG or a person ordinarily resident outside PNG. | K500 |
| | All other cases. | K250 |
| Regulation 213 | Notification of change of Particulars where the person to whom the notification relates is a corporation whose shares are partly or
wholly held by a company incorporated outside PNG. | K250 |
| | All other cases. | K150 |
| | Notification of change of Particulars where the person to whom the notification relates is a corporation who comes within Regulation
213(3). | K500 |
| Regulation 217 | Appeal to Minister on Registration | K100 |
| Regulation 240 | Application to register a Timber Processing Plant | K500 |
| Regulation 245 & 246 | Maps, Forms, etc., | As determined from time to by the Managing Director |
| Regulation 247(2) | Application for any tender documentation specifications (if any) relating to any tender (other than any documentation/specification
relating to a project proposal). | K100 |
| Regulation 249 | Search of public register | |
| | (a) summaries of decisions of the Board | K20 |
| | (b) maps relating to forests | (as determined by the Managing Director from time to time). |
| | (c) details of – | |
| | (i) registered Forest Industry Participants and Consultants; | |
| | (ii) licensed Scalers; and | |
| | (iii) registered timber processing plants. | |
| | Including an extract of the relevant certificate or registration of licence; and | |
| | (iv) Timber Permit holders; and | |
| | (v) Timber Authority holders; and | |
| | (vi) Licence holders; and | |
| | (vii) holders of forest clearing authorities; and | |
| | (viii) holders of authorities to carry out large scale agriculture or other land use projects; and | |
| | (ix) authorities to carry out large scale roadline projects. | |
| | Including an extract containing a description of the timber area, the name of the permit or authority holder, the permit or authority
number and the duration of the permit or authority. | K50 |
| | (x) forest potential areas including an extract containing their details and the unallocated areas; | K100 |
| | (xi) Forest Management Agreements and field reports relating to the signing of the Agreement with resource owners. | K100 |
| Regulation 254 | Application for an Authority to carry out a large scale Agricultural or other land use development where the amount of proposed clearance
of natural forest is greater than 50 Hectares in total. | K50,000 |
| Regulation 271 | Application for an Authority to carry out a large scale Roadline development where the amount of proposed clearance forest is greater
than 50 Hectares in total. | K50,000 |
| Regulation 290 | Application to inspect and make copies of a report and summary of matters associated with an application for a large scale agriculture
or other land use project or roadline project and the Board’s consultation. | K50 |
Office of Legislative Counsel, PNG
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