Forestry Regulations Cap 276

Forestry Regulations [Cap 276]

Commencement: 5 January 2004

FORESTRY REGULATIONS

Order 46 of 2003
Order 41 of 2004

ARRANGEMENT OF REGULATIONS

PART 1 – AGREEMENTS

1. Application for approval to negotiate

2. Approval to negotiate
3. Declaration of indigenous groups
4. Certificate that notice has been given
5. Management Committee
6. Timber rights agreement
7. Certificate
8. Certificate of approval
9. Application for timber permit
10. Timber permit
11. Forestry lease
12. Minimum royalty rates

PART 2 – LICENCES

13. Application for timber licence
14. Timber licence
15. Notice of non-compliance
16. Notice of suspension of licence
17. Notice to show cause
18. Notice of suspension of licence to prevent worsening of dispute between custom owners of land
19. Notice of cancellation of licence
20. Application for special licence
21. Special licence

PART 3 – ENVIRONMENT PROTECTION

22. Application for land to be declared to be a Conservation Area
23. Declaration of Conservation Area
24. Cancellation of Conservation Area
25. Protected species

PART 4 – EXPORT PERMITS

26. Export of timber and forest products requires permit
27. Application for export permit
28. Export permit

PART 5 – MISCELLANEOUS

29. Certificate of service of notices
30. Application for copy of licence
31. Fees
32. Bonds

SCHEDULE 1
Form 1 − Application for Approval to Negotiate
Form 2 − Approval to Negotiate
Form 3 − Declaration of Indigenous Groups
Form 4 − Certificate that Notice has been given of a Declaration of Indigenous Groups having the rights to sell timber
Form 5 − Timber Rights Agreement
Form 6 − Certificate that Timber Rights Agreement was interpreted to Indigenous Groups
Form 7 − Certificate of Approval
Form 8 − Application for Timber Permit

Form 9 − Timber Permit

Form 10 − Forestry Lease
Form 11 − Application for Timber Licence
Form 12 − Timber Licence
Form 13 − Notice of Non-Compliance with Legislation or Licence Conditions
Form 14 − Notice of Suspension of Licence
Form 15 − Notice to Show Cause why Licence should not be cancelled
Form 16 − Notice of Suspension of Licence to Prevent Worsening of Dispute between Custom Owners of Land
Form 17 − Notice of Cancellation Of Licence

Form 18 − Application for a Special Licence

Form 19 − Special Licence
Form 20 − Application for Land to be Declared a Conservation Area
Form 21 − Declaration of Conservation Area
Form 22 − Cancellation of a Declaration of a Conservation Area
Form 23 − Application for Timber or Other Forest Products Export Permit
Form 24 − Timber and Other Forest Products Export Permit
Form 25 − Certificate of Service of Notice
Form 26 − Application for Copy of Licence
SCHEDULE 2 − Equivalent Instrument to Banker’s Guarantee
SCHEDULE 3 − Amount of Bond Required for Timber Licence
SCHEDULE 4 − Amount of Bond Required for a Sandalwood Licence
SCHEDULE 5 − Amount of Bond Required for Special Licence
SCHEDULE 6 − Minimum Royalty Rates

SCHEDULE 7 − Protected Species

SCHEDULE 8 − Fees

SCHEDULE 9 − Provisions Relating to Management Committee

FORESTRY REGULATIONS

To prescribe certain forms, fees, bonds and other matters under the Forestry Act [Cap. 276].

PART 1 – AGREEMENTS

1. Application for approval to negotiate

An application for approval to negotiate for the acquisition of timber rights under section 18(1) of the Act must be in Form 1 of Schedule 1.

2. Approval to negotiate

An approval of an application to negotiate under section 19(5)(a) of the Act must be in Form 2 of Schedule 1.

3. Declaration of indigenous groups

A declaration by a Forest Investigation Officer of indigenous groups entitled to sell timber rights under section 20(4)(b) of the Act must be in Form 3 of Schedule 1.

4. Certificate that notice has been given

A certificate as to the date upon which notice of a declaration of indigenous groups has been given under section 22(d) of the Act must be in Form 4 of Schedule 1.

5. Management Committee

The powers and duties of a Management Committee under section 25(3) of the Act, the manner of its appointment, and the performance of its functions are as set out in Schedule 9.

6. Timber rights agreement

(1) An agreement for the acquisition of timber rights under section 26(1)(a) of the Act must be in Form 5 of Schedule 1.

(2) An endorsement by a Forest Investigation Officer under section 26(1)(c) of the Act may be in the form set out at the end of Form 5 of Schedule 1.

7. Certificate

A certificate by a Forestry Officer under section 26(1)(d) of the Act must be in Form 6 of Schedule 1.

8. Certificate of approval

A certificate by the Director that a timber rights agreement is approved under section 27(3) of the Act must be in Form 7 of Schedule 1.

9. Application for timber permit

An application for a timber permit under section 29(2) of the Act may be in Form 8 of Schedule 1.

10. Timber permit

A timber permit under section 29(3)(a) of the Act may be in Form 9 of Schedule 1.

11. Forestry lease

A forestry lease granted under section 30(2) of the Act must be in Form 10 of Schedule 1.

12. Minimum royalty rates

The minimum rates of royalty payable to custom landowners under a timber rights agreement under section 28 of the Act for various species of trees are shown in Schedule 6.

PART 2 – LICENCES

13. Application for timber licence

An application for a timber licence under section 44(1) of the Act must be in Form 11 of Schedule 1.

14. Timber licence

A timber licence granted under section 44(4) of the Act must be in Form 12 of Schedule 1.

15. Notice of non-compliance

A notice of non-compliance of with legislation or licence conditions under subsections (1) and (2) of section 37 of the Act may be in the form of Form 13 of Schedule 1.

16. Notice of suspension of licence

A notice suspending a licence under subsections (1) and (3)(a) of section 37 of the Act may be in the form of Form 14 of Schedule 1.

17. Notice to show cause

A notice calling on a licensee to show cause why the licence should not be cancelled under section 37(3)(b) of the Act must be in Form 15 of Schedule 1.

18. Notice of suspension of licence to prevent worsening of dispute between custom owners of land

A notice suspending a licence to prevent worsening of dispute between custom owners of land under section 37(4) of the Act may be in the form of Form 16 of Schedule 1.

19. Notice of cancellation of licence

A notice of cancellation of a licence under subsections (6) or (7) of section 37 of the Act may be in the form of Form 17 of Schedule 1.

20. Application for special licence

An application for a special licence granted under section 48(1) of the Act may be in Form 18 of Schedule 1.

21. Special licence

A special licence granted under section 48(3)(a) of the Act must be in Form 19 of Schedule 1.

PART 3 – ENVIRONMENT PROTECTION

22. Application for land to be declared to be a Conservation Area

An application for land to be declared a Conservation Area under section 50(1) of the Act may be in Form 20 of Schedule 1.

23. Declaration of Conservation Area

A declaration of a forest as a Conservation Area under section 50(3) of the Act must be in Form 21 of Schedule 1.

24. Cancellation of Conservation Area

The notice of cancellation of a declaration of a Conservation Area under section 52(1) of the Act may be in Form 22 of Schedule 1.

25. Protected species

The species listed in Schedule 7 are protected species under section 53(1) of the Act.

PART 4 – EXPORT PERMITS

26. Export of timber and forest products requires permit

A person must not export any timber or any other forest product (other than sandalwood or a log or flitch) without an export permit granted by the Director.
Penalty: A fine not exceeding VT 100,000.

27. Application for export permit

An application for an export permit must be made in Form 23 of Schedule 1 and must be accompanied by the prescribed fee.

28. Export permit

(1) The Director may grant an export permit.

Note: The export of logs and flitches is governed by subsections (1), (2), (3) and (4) of section 61 of the Act and the export of sandalwood is governed by clause 15 of the Forestry (Management and control of Sandalwood Trade and Exports) Order No. 3 of 1997.

(2) An export permit granted by the Director under subclause (1) must be in Form 24 of Schedule 1.

PART 5 – MISCELLANEOUS

29. Certificate of service of notices

A certificate of service of a notice under section 64(2) of the Act must be in Form 25 of Schedule 1.

30. Application for copy of licence

An application for a copy of a licence under section 68(3) of the Act must be in Form 26 of Schedule 1.

31. Fees

(1) The prescribed fees for the matters set out in column 1 of Schedule 8 are the amounts corresponding to those matters set out in column 2 of that Schedule.

(2) A fee set out in Schedule 8 must be paid in advance of the matter to which the fee relates.

32. Bonds

(1) The prescribed form for an equivalent instrument to a bank guarantee under section 41(3) of the Act is set out in Schedule 2.

(2) The amount for a bond for a timber licence imposed under section 41(4) of the Act is as set out in Schedule 3.

(3) The amount for a bond for a sandalwood licence imposed under section 41(4) of the Act is as set out in Schedule 4.

(4) The amount for a bond for a special licence imposed under section 41(4) of the Act is as set out in Schedule 5.

SCHEDULE 1

REPUBLIC OF VANUATU
FORESTRY ACT
FORM 1
[Section 18 (1)]

APPLICATION FOR APPROVAL TO NEGOTIATE

General Directions

The applicant is required to fill in all the relevant particulars in this form, truthfully and to the best of their knowledge and ability. The application will be considered by the Forests Board, which may require the production of further documents and information by the applicant.

The relevant application fee set out in the Forestry Regulations must be paid at the time of application.

Please answer the following questions. Take note that it is an offence to give false or misleading information.

If extra space is required, please answer on a separate page using the number of each question (eg 1 (f) Assets).

To: The Director of Forests
I, ...... apply for

(applicants full name)
approval to negotiate for the acquisition of timber rights in customary land known as

......
(include land name(s) if known)
on the island(s) of...... ,
within the local government region(s) of:
[Torba], [Sanma], [Penama], [Malampa], [Shefa], [Tafea],
the boundaries of which are clearly marked in red stripes (////) on the [official 1 : 50,000 scale topographical] map attached to this application (which must be of a standard satisfactory to the Director), and which is referred to in the remainder of this application as “the proposed project area”.
1. Details of applicant

(a) Type of Applicant (tick one box ☐):

This application is made:

(I) in my personal capacity ☐
(II) on behalf of −
(i) a partnership ☐
(ii) a private company ☐
(iii) a public company ☐
(Direction: If (I), (II) (i) or (II) (ii), fill in the details below for yourself and all other partners or shareholders)
(b) Details of Applicant
Applicant Partner or other shareholder

Full name: ......

Postal Address: ......
Residential address: ......
Phone no.: ......
Fax No.: ......
Nationality: ......
Passport no. (for non-ni-Vanuatu): ......

Other occupations: ......

(d) Do you have any criminal convictions? Yes ☐ No ☐

(If yes, give details)

......
(e) What are your present business activities?

(I) in Vanuatu:

......

(II) elsewhere (name country):

......

(f) In Vanuatu, what are your present

(I) assets? ......

(II) liabilities? ......

(g) Give full details of −

(I) your expertise in forestry:

......

(II) your experience in forestry operations:

......

(h) (If you are a public company (and ticked the box in (a) (II) (ii)), please fill in the

following section)
Name of company: ......
Country of incorporation: ......
Stock exchange listing (if any): ......
Registered office address:
......
Business phone no.: ...... Fax no......
Internet Web-site: ...... E-mail: ......
Your position in the company:
Does the company have ni-Vanuatu membership? Yes ☐ No ☐
(If so, state the proportion of the company’s voting rights held by ni-Vanuatu) ...... (%)
Describe the company’s shareholding:
......
Names of directors:
......
What are the company’s activities?
(I) in Vanuatu: ......
(II) elsewhere: ......
In Vanuatu, what are the company’s present assets? ......

and liabilities? ......

Give full details of −
(I) the company’s expertise in forestry: ......
(II) the company’s experience in forestry operations (places and number of