The Timber Resources Management Regulation, 1998 (L.I.1649)
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PDF | 3106 kb
The Timber Resources Management Regulations implement provisions of the Timber Resources Management Acts with respect to the granting of timber rights, timber operations, payment of stumpage fees and registration and use of chainsaws.
The Regulations set out the procedures for the inventory and reservation of specified lands for timber utilization. To do so the District Forest Officer will make up a general report on naturally occurring timber. Landowners and farmers have to be included in the team executing the subsequent field inspection. The report is then updated and transmitted to the regional forest officer and finally the Forestry Commission
In 2003 the Timber Resources Management (Amendment) Regulations (LI 1721) inserted a procedure for competitive bidding in the original LI. The bidding is preceded by a pre-qualifying stage. The bidding procedure itself is only open to pre-qualified companies of whom the one offering to pay the highest timber rights fee shall be awarded the TUC. The winner will be sent a Notice of Grant wherein a number of activities to be completed before the right is actually granted are specified. These activities include the conclusion of a social responsibility agreement. LI 1721 continues by inserting a list of minimum conditions to be included in the TUC (including the provision of social facilities and amenities in accordance with the SRA).
The timber resources regulations further provide for procedures governing the harvesting stage (logging manuals, harvesting plan, approved periods, inspection officers and markings).
Stumpage fees are calculated by multiplying the tree volume (Smalians formula) with the 35% of the free on board price and with the stumpage rate (this rate is fixed by the FC). It is important to note that no timber can be lifted from its stump unless its measurements have been taken and stumpage fee has been calculated in presence of the landowner, contractor and District Forest Officer. In addition to the stumpage fee the contractor has to pay contract area rent to the Administrator of Stool lands in case of stool lands or to the landowner in any other case.
Part VI of the regulations concerns the registration and use of chainsaws and the prohibition of their use to convert timber for commercial purposes. Finally, some provisions to regulate Timber Utilization Permits, Certificates of Purchase and Salvage of timber products are included and provision is made for a number of offences and penalties.
The Timber Resources Management Regulation 1998, (L.I. 1649) has been amended by the Timber Resources Management (Amendment) Regulation in 2003 (L.I.1721). As mentioned above, these Regulations amend the original LI in relation to the procedure for competitive bidding for the grant of timber rights. The principal Regulations are also amended in provisions concerning terms and conditions of timber utilization contracts, monitoring functions of District Forest Officers and stumpage fees.
Both Timber Resources Management Regulations (LI 1649 and 1721) are completed by the Timber Resources Management (Legality Licensing) Regulations, 2012 (LI 2184). The legality licensing regulations rather complete then amend LI 1649 and 1721 and will therefore be treated separately just below.