Regulations - 2007 - Forestry Development Authority Ten Core Regulations - Liberia

FDA Regulations 101 - 110-07 contain a set of ten core regulations providing for a number of guidelines on forest-related issues in Liberia.

1. Regulation 101 – 07 Public participation

Regulation 101-07 establishes procedures that the Authority shall follow to ensure broad public access to FDA’s Regulations, Codes, Manuals and supporting documents and information. The Regulation also provides for the establishment of a Forest Management Stakeholder List which contains a list of person known to the Authority to be interested in forest management in Liberia (businesses, community leaders, government officials, civil society organizations, international donors, persons who have expressed interest to the Authority about forest policy, other concerned individuals). The Regulation also includes the procedure the FDA should follow when adopting new regulations, codes and manuals or amending these.

2. Regulation 102 – 07 Forest Land Use Planning

Forest land use planning establishes the suitability of Forest Lands for sustainable land use allocations through a participatory process, based on local validation that optimizes the benefits of forest land allocation to Liberian society as a whole. The National Forest Management Strategy shall be developed by the FDA accordingly. No Forest Resources License shall be advertised or awarded until the FDA has done so. FDA’s National Forest Management Strategy classifies all forest land in the Republic of Liberia into one or more Forest Land Use categories. Prior to the classification, national and regional-level consultations should be carried out by the FDA.

3. Regulation 103 – 07 on Bidder Qualifications

Regulation 103 – 07 provides that the FDA keeps a list of debarred and suspended persons who are ineligible to bid on a Forest Resource License offered through a concessions process. Those who have aided or abetted civil disturbances involving the use of weapons or who have defaulted on their financial obligations related to forest use are to be listed upon proof of such conduct. The Regulation further provides guidance on the requirements and procedures for all bidders, including prequalification criteria.

4. Regulation 104 – 07 Tender, Award and Administration

According to Regulation 104 – 07 the FDA and its staff aim to act as trustee of a national asset, in a professional, transparent and non-discriminatory manner, without personal interest or aim of self-enrichment, provide social and economic benefits for forest-dependent communities and the nation as a whole as well as to assure sustainable development and conservation of the forests. In that respect, Forest Management and Timber Sale Contracts shall be concluded on areas that meet specific criteria as listed by the Regulation.

5. Regulation 105 – 07 Pre-felling operations

This Regulation describes certain social, environmental, and forest management planning obligations that a Holder of a Forest Resources License must satisfy prior to felling trees. Accordingly, the Holder shall negotiate one or more social agreements for the benefit of all Affected Communities with respect to the area to be logged under the Forest Resources License. Social agreements for Forest Management Contracts can last up to five years and up to three years for Timber Sale ones.

6. Regulation 106 – 07 Benefits Sharing

Regulation 106 – 07 provides for the allocation of a designated percentage of land rental fees to Counties and to communities entitled to benefit sharing under Forest Resources Licenses. Accordingly, a sum equal to 30 percent of all land rental fees collected is distributed for the benefit of all of the Republic’s Counties. The FDA ensures the distribution in equal proportion among all 15 Counties. The sum is received through a County Forestry Development Fund. Another 30 percent of all land rental fees collected is distributed to Affected Communities through the National Community Benefit Sharing Trust mechanism established by this Part.

7. Regulation 107 – 07 Forest Fees

Regulation 107 - 07 contains provisions on the three classes of forest-related fees identified by the FDA as: stumpage fees, land rental fees and forest product fees. In that respect, the FDA shall develop a list of estimated market prices of Forest Products derived from specific tree species provided for in the Regulation.

Section 46 of Regulation 107-07 on forest fees, to the extent that it deals with Sawmill Permit has been repealed by Regulation 112-08 on the Forest Products Processing and Marketing.

8. Regulation 108 – 07 Chain of custody

This Regulation provides for the establishment and operation of a transparent, nationwide Chain of custody System under the supervision of the Authority which will among other tasks, ensure that illegal logs Timber, and Wood Products are identified and that they do not enter the Chain of Custody, ensure that all Holders of Forest Resources Licenses are in compliance with laws and regulations governing block maps, annual yield limits, and Chain of Custody requirements; ensure that all forest fees are accurately assessed and timely remitted to the appropriate authorities.

9. Regulation 109 – 07 Penalties

FDA Regulation 109 – 07 provides for rules on penalties, including on the gathering of evidences to support penalties, reporting and investigation of violations of the National Forestry Law. It also contains guidelines on the assessment of administrative penalties.

10. Regulation 110 – 07 Rights of Private Land Owner

FDA Regulation 110 – 07 establishes the responsibilities of the Operator with respect to the rights of Private Land Owners and provides for a right of compensation to Land Owners harmed as a result of Operations. It contains provisions on the duty of the operator to prevent harm, the type of compensation required and procedures. According to this Regulation the Operator, when carrying out forest related activities has a duty to negotiate and secure a lease, easement or other forms of rights-of-way of the Private Land Owner.