FORESTS ACT, 2004

February 6, 2004 Draft Forests Act
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Guyana
BILL NO.__ OF 2004
FORESTS ACT, 2004
Arrangement of Sections
PART I
PRELIMINARY
SECTION
1. Short title and commencement.
2. Interpretation
3. Purposes of the Act
PART II
FOREST ESTATE
4. Declaration of State forests
5. Ownership of forest produce
6. Codes of Practice
PART III
FOREST CONSERVATION AND PROTECTION
7. Protected species
8. Soil and water conservation
9. Fire prevention
10. Fire suppression
11. Protection against diseases, pests and exotic species
12. Afforestation, reforestation and forest rehabilitation
PART IV
SUSTAINABLE UTILIZATION OF FOREST RESOURCES
13. Regulation of exploration and utilization of State forests
14. Restriction on persons to whom grants may be made
15. Control of body corporate
16. Award of exploratory permits and forest concession agreements
17. Exploratory permits
18. Forest concession agreements
19. Forest concession agreements for conservation purposes
20. Forest management plans
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21. Forest licences
22. Use permits
23. Community forestry
24. No right to issue of grant
25. Occupational health and safety
26. Security bonds
27. Suspension of permits, concessions and licences
28. Transfer of permits, concessions and licences
29. Procedure on suspension of permits, concessions and licences
30. Revocation and surrender of permits, concessions and licences
31. Moveable property
PART V
FORESTS ON AMERINDIAN AND PRIVATE LAND
32. Commercial utilisation of forest produce on Amerindian land
33. Conservation of forests on private land
34. Voluntary protection of forests on private land
PART VI
FOREST INDUSTRIES
35. Transport of forest produce
36. Construction of primary conversion plants
37. Operation of primary conversion plants
38. Marketing of forest produce
39. Quality control of forest produce
40. Compliance with international standards
41. Export of forest produce
42. Control of transfer pricing
PART VII
FOREST CHARGES
43. Annual management fees
44. Volume charges on forest produce
45. Levies on forest produce
46. User fees
47. Administrative fees
48. Fines
49. Payment in freely-usable currencies
50. Indexation
51. Interest payable on arrears
PART VIII
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FOREST INFORMATION
52. Duties of the Commission
53. Powers of the Commission
54. Duties of holders
55. Public access to information
PART IX
FOREST OFFENCES
56. Contravention of the Act
PART X
ENFORCEMENT
57. Power of entry
58. Power of interrogation
59. Power to search
60. Power to seize
PART XI
MISCELLANEOUS
61. Power of exemption
62. Acts done in good faith
63. Protection of the rights of Amerindians
64. Harvesting of forest produce on public lands outside State forests
65. Forest roads
66. Grants under the Petroleum (Exploration and Production) Act and the Mining Act
67. Regulations
68. Savings
69. Repeals and amendments
70. Application to the State.
SCHEDULE - Scale of Fines for Offences
SUBSIDIARY LEGISLATION - Declaration of State Forests
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A BILL
Intituled
AN ACT to consolidate and amend the law relating to forests to provide for the protection and
rational use of the forest resources of Guyana, the regulation of forest industries, the marketing
and export of forest produce, and matters incidental to or connected therewith.
Enacted by the Parliament of Guyana:-
Part I
Preliminary
A.D. 2001
Short Title and
commencement
1. This Act may be cited as the Forests Act, 2001,
and shall come into operation on such date as the
Minister may, by order, appoint.
Interpretation 2. In this Act -
Cap.29:01 "Amerindian" means any person who is recognized
as an Amerindian under the Amerindian Act;
Cap.29:01
Act. No.6 of 1976
“Amerindian community” has the meaning assigned
to it by the Amerindian Act;
"Amerindian land" means any land the communal
title to which has been vested in an Amerindian
District, Area or Village Council for and on behalf of
an Amerindian community under the Amerindian
Act;
"Board" means the Board of Directors of the
Commission;
Cap.29:01
“bona-fide claim of right” means a right granted by
virtue of a formal permit, licence or other written
document issued in relation to a written law of
Guyana, issued by an authority recognized by a
written Law of Guyana and relating to an activity on
a specific area.
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"commencement day" means the day when this Act
comes into force;
"commercial utilization" means forest operations
which result in the generation of forest produce for
sale or barter;
"Commission" means the Guyana Forestry
Commission continued in being by the Guyana
Forestry Commission Act, 2001;
"Commissioner" means the person holding the office
of Commissioner of Forests;
"Community Forestry Management Group" means an
Amerindian Council or a co-operative society
managing an area of State forests as a community
forest in accordance with section 23;
"exploration of State forests" means exploration for
the purposes of discovering and evaluating forest
produce and includes forest inventories, social and
environmental impact assessments and topographic
surveys;
"exploratory area" means the area in relation to which
an exploratory permit has been granted under this
Act;
"exploratory operations" means operations carried
out for or in connection with the exploration of State
forests;
“firewood” includes all waste wood and any parts of
trees cut up in the manner in which it is usual to cut
fuel wood and made up in bundles or loads, but does
not include sound straight timber of any kind;
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"forest" means an ecosystem dominated by woody
plants, consisting either of closed forest formations,
where trees of various stories and undergrowth cover
a high proportion of the ground, or of open forest
with a continuous vegetation cover in which tree
crown cover exceeds 10%, and includes mangrove
forests and any wetlands or open lands within a forest
which form an integral part of the ecosystem;
"forest officer" means any officer of the Commission
appointed to carry out all or any of the purposes of
this Act;
"forest produce" includes -
(a) timber, firewood, charcoal, heart-of-palm, bark
and extracts of bark;
(b) latex, gums, resins, flowers, fruit, seeds, nuts,
leaves, fibres, turpentine, spices, tan-stuffs, dyestuffs,
moulds, fungi, drugs, fodder and thatching
material derived from wild-growing trees or plants;
(c) wild-growing trees and plants (dead or alive) and
all parts and produce of such trees and plants,
bamboo and other grasses;
(d) such other things as the Commissioner may, by
notice in the Gazette, declare to be forest produce;
"former Act" means the Forests Act, Chapter 67:01,
repealed hereby;
“holder” in relation to an exploratory permit, forest
concession agreement, forest licence or use permit, or
any other authorisation issued under this Act, means
the person to whom it is granted, and where it is
granted to a person jointly with others, means all of
those persons jointly and severally, and includes
every person to whom it or any interest in it is
transferred;
“peace officer” has the meaning assigned to it by the
Interpretation and General Clauses Act;
Cap. 2:01
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"primary conversion plant" means any sawmill or
other plant utilizing primary conversion equipment to
carry out a primary conversion process;
"primary conversion process" includes any
conversion process using timber or non-timber forest
produce as a raw material;
"primary conversion equipment" includes any
equipment designed and used to break down and
convert timber or non-timber forest produce into
primary products;
"private land" means any land the absolute or
leasehold title to which is vested in any person other
than the State, but does not include public lands held
under a lease or licence of occupancy granted by the
State;
“public land” has the meaning assigned to it by the
Interpretation and General Clauses Act;
"sawmill" means a sawpit or mill designed and used
to break down and convert logs or cants into boards,
planks, scantlings or wood products suitable for
further processing;
“ State forest” means forests and associated
biological, soil and water resources identified
primarily for long term forestry purposes and duly
designated as such by the Minister with responsibility
for forestry.
“timber” includes a tree or any ligneous part of a tree
whether standing, fallen or felled, and all wood,
whether or not sawn, split, hewn or otherwise cut up
or fashioned, except firewood;
Cap.2:01
"wild-growing" means growing on public or private
land other than land that is lawfully dedicated to
residential, commercial, industrial, institutional,
administrative or infrastructural use or any other form
of built development, or that is lawfully in use for
agriculture or grazing.
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3. The purposes of this Act are to provide for -
(a) the conservation of the forests of Guyana,
including measures to conserve biological diversity,
protect specific trees and other forest plant, conserve
soil and water resources, and to protect forests
against degradation, fires, pests and diseases;
(b) the participation of interested parties, including
Amerindians, local communities, non-governmental
organizations and persons engaged in the commercial
utilization of forests, in the development and
implementation of forest policies;
(c) the sustainable use of Guyana's forest resources,
in accordance with Guyana's development needs and
level of socio-economic development, pursuant to
national policies;
(d) the integrated and comprehensive regulation of
the multiple and complementary functions and uses
of the forests of Guyana, including traditional uses;
(e) the promotion and regulation of primary
conversion activities and quality control of valueadded
forest products; and
(f) the discharge of Guyana's responsibility to ensure
that activities within its jurisdiction or control do not
cause damage to the environment of other States or
areas beyond the limits of national jurisdiction.
Part II
Forest Estate
Purposes of the Act
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Declaration of State forests 4. (1) Where this appears to the Commission to be
expedient, the Minister may by order, published in
the Gazette and at least once in a daily newspaper in
general circulation in Guyana, declare any area of
public land in Guyana to be a State forest and may,
from time to time, vary or revoke such order.
Cap.67:01 (2) All orders declaring areas of State land to be State
forests made by the Minister under the former Act,
that are valid and in force immediately before the
commencement of this Act, are deemed to have been
made under this section and continue to have full
force and effect as if the Act under which those
orders were made had not been repealed, until any
such order is varied or revoked under this Act.
Order 21/1953
Order 84/1969 (3) For the avoidance of doubt it is hereby declared
that any order declaring any area of public land to be
a State forest excludes all Amerindian land and
private land in such area.
Order 200/1969
Order 149/1973
Order 34/1997
5. (1) All forest produce situate, standing, growing or
having its origin on, over or under public lands is and
remains the property of the State until the rights to
such forest produce have been specifically disposed
of in accordance with the provisions of this Act or
any other written law.
(2) All timber found adrift, beached, stranded or
sunk, and all timber which has not been correctly
marked in accordance with this Act is deemed to be
the property of the State until the contrary is proved.
Ownership of forest produce
6. (1) As soon as may be practicable after the
commencement of this Act, the Commissioner shall -
(a) prepare such codes of practice, guidelines and
standards for forest operations as the Board considers
appropriate for the proper management of the forest
resource.
Codes of Practice
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(2) When the code of practice or any revision thereto
has been finalized, the Commission shall submit it to
the Minister and the Minister may adopt the code or
revision, with or without amendments.
(3) Where a code of practice prepared or revised
pursuant to subsection (2) has been adopted by the
Minister, the Commissioner shall notify the public,
by notice published in the Gazette and at least one
daily newspaper, and make copies of the code or the
revision to the code, as the case may be, available for
sale to the public at a reasonable price.
Part III
Forest Conservation
7. (1) Without prejudice to any measures for the
conservation of wildlife or biological diversity or for
the protection of any area adopted by the relevant
authority under any other written law, the Minister
may by regulation prescribe the species of trees and
plants that are protected under this Act.
(2) No person, other than a person acting under a use
permit issued under section 22(1)(a) or under the
authority of any other written law, may fell, cut, lop,
tap, bleed or injure, take or extract any bark, leaf,
seed, fruit, flower, latex, gum or other part or
substance from, or transport, remove or export any
protected species of tree or plant.
(3) A person who damages or destroys a protected
species of tree or plant as the result of any act done in
the exercise of a lawful right to harvest forest
produce, other than an act done willfully, negligently
or maliciously, is deemed not to have contravened the
provisions of this section.
Protected species
8. (1) No person may, within a State forest, except
under the authority of this Act or any other written
law:
Soil & water conservation
(a) cut, fell, lop, damage or remove forest produce;
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(b) clear, cultivate or turn the soil; or
(c) graze or pasture any livestock.
(2) Where the Commissioner considers it to be
necessary for the purposes of protecting any State
forest from activities likely to cause damage to its
soil or water resources, the Environmental Protection
Agency may by order published in the Gazette,
prohibit any disturbance of the soil, vegetation, rivers
or creeks in a designated area for a period not
exceeding 25 years.
(3) Before the Environmental Protection Agency
makes any order pursuant to subsection (2), the
Environmental protection Agency shall -
(a) give notice of the proposed order in at least one
daily newspaper in general circulation in Guyana and
such other publicity as the Environmental Protection
Agency considers to be reasonably necessary to bring
it to the attention of all persons whose interests may
be affected thereby; and
(b) receive written representations from interested
persons for not less than 10 days from the date of
publication of the draft order in the daily newspaper
and, if the Commissioner determines that there is
sufficient public interest, hold a public hearing to
discuss the proposed order and receive oral
comments.
(4) The Board shall consider any objections
received from interested persons advising the
Environmental Protection Agency of its
requirements.
Fire prevention 9. (1) No person may light an outdoor fire in any area
designated by the Commission, by order published in
the Gazette, as an area of State forest to which this
section applies, without a fire permit issued by a
forest officer authorizing that person to do so, on
such conditions as may be specified in the fire
permit.
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(2) No person may in any State forest throw down
any lighted match or lighted or inflammable material
or do anything in consequence of which any State
forest or forest produce may be burnt or injured, or
may be in danger of being burnt or injured.
(3) It is not a breach of this section for a forest
officer to burn, or direct other persons to burn such
fire lines or grass or other inflammable material as
may in the opinion of the forest officer be necessary
for the better protection or management of any part of
a State forest.
Fire suppression 10. (1) The Commissioner, any forest officer or peace
officer may require any person who is within a
reasonable distance of any State forest to assist in
averting or extinguishing any fire in the forest or in
securing any property within the forest from loss or
damage arising from fire or other natural causes.
(2) Any person who is required to do any
work pursuant to subsection (1) is entitled to pay or
compensation for that work, to be paid out of the
monies of the Commission at a rate to be determined
by the Board.
(3) Where any person who is required to assist
in averting or extinguishing a fire pursuant to
subsection (1) sustains bodily injury and is rendered
temporarily incapable of work, or is permanently
disabled (either totally or partially), or dies as a result
of the aforesaid injury, the person is deemed to be an
insured person and the injury is deemed to have been
caused by an accident arising out of and in the course
of his or her insurable employment for the purposes
of the National Insurance and Social Security Act.
Cap.36:01
Protection against diseases, pests and exotic
species
11. (1) Where the unauthorized introduction of exotic
species of flora or fauna, or an existing condition or
activity on any private land, or Amerindian land, or
land within a State forest which is occupied under a
lease arrangement poses a risk of disease, pestilence
or other harm to forest resources, the Commissioner
may issue a written order to –
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(i) the person responsible for creating the condition
or carrying out the activity; or
(ii) where the person responsible cannot be identified,
to the owner of the private land, Amerindian Council,
or lawful occupier of the area of State forests, as the
case may be;
to rectify the particular condition or discontinue the
particular activity within 30 days, or less if necessary
for the protection of the forest resources of the area.
(2) An order made under subsection (1) may either be
served personally or alternatively sent to the person
to be served therewith by registered mail and shall
also be posted in a conspicuous place on the land on
which the particular condition exists or the particular
activity is taking place.
(3) If no action is taken to comply with an order
made under this section, the Commissioner may take
such steps as may be necessary, including entering
upon the land and abating the risk, and may recover
any cost incurred as a civil debt.
Afforestation, reforestation and forest
rehabilitation
12. (1) The Commissioner may enter into a
forestation agreement with any person, including any
Community Forest Management Group, for the
planting of forests on land in any State forest or on
any other land which the Commission or the person is
entitled to use for such purpose.
(2) A forestation agreement made pursuant to
subsection (1) obligates the contractor to plant such
forest species as specified in the agreement and
manage the forest plantation in accordance with a
sustainable management plan approved by the
Commissioner.
(3) A forestation agreement may confer the right to
harvest forest produce from the forest planted
thereunder in accordance with the terms of the
agreement.
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(4) A forestation agreement may provide for the
advice and technical assistance of the Commission in
planting and managing the forest.
Part IV
Sustainable Utilization of Forest Resources
13. On or after the commencement of this Act no
person may enter a State forest and there carry out
any exploratory operations, or take and appropriate
any forest produce, or occupy land in or use any area
of State forest, except under and in accordance with -
Regulation of exploration and utilization of
State forests
(a) an exploratory permit, a forest concession
agreement, a forest licence or a use permit issued, or
other right or power granted, or duty imposed by or
under this Act or any other written law; or
Cap.67:01
Cap.62:01
(b) an exploratory permit, State forest permission,
wood cutting lease, timber sales agreement, lease,
licence or permission or any other authorisation
granted under the former Act, the State Lands Act, or
any other written law, before the commencement of
this Act and subsisting on such commencement.
Restrictions upon persons to whom grants may
be made
14. (1) No exploratory permit, forest concession
agreement or forest licence may be granted to an
individual, or body of persons unless that person or
body of persons satisfies the relevant requirements.
(2) An exploratory permit, forest concession
agreement, forest licence or use permit may be
granted to two or more persons associated together in
any form of joint arrangement, if each one of them is
not disqualified from holding that exploratory permit,
forest concession agreement or forest licence under
any of the provisions of this section.
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(3) Where at any time an exploratory permit, forest
concession agreement, forest licence or use permit is
granted under this section to two or more persons
associated together in any form of joint arrangement,
the obligations to be observed and performed under
the Act is joint and several, but without prejudice to
any right of contribution which may exist between
any or all of them.
15. (1) A body corporate which is the holder of an
exploratory permit, forest concession agreement,
forest licence or use permit issued under this Act may
not, without the prior consent in writing of the
Commission -
(a) register the transfer of any equity share or shares
in the body corporate to any person or his or her
nominee; or
(b) enter into any agreement, arrangement or
understanding (whether or not having legal or
equitable force) with any person;
if the effect of doing so would be to give control of
the corporation to any other person and any such
transfer or agreement, arrangement or understanding
mentioned in paragraph (a) or (b) is void.
Control of body corporate
(2) On application duly made in writing to the
Commission for its consent under this section the
Commission may, for the purposes of considering
any such application, call for and obtain such
information as they consider reasonably necessary to
make a decision on the application.
Award of exploratory permit and forestry
concession agreement
16. (1) The Commission by public notice may invite
applications for the grant of a forest concession
agreement in respect of any area of State forest
specified in the notice.
(2) Every applicant for the grant of a forest
concession agreement in excess of 20000 acres is
first required to make an application for the grant of
an exploratory permit, on payment of the prescribed
fee.
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(3) The Commission shall make available to every
applicant for an exploratory permit, for inspection at
its offices or for sale at a reasonable price, any
information in its possession concerning the forest
resources and other features of the area which the
Commission considers to be relevant to the
preparation of an application.
(4) Where, after evaluating the technical and
financial competence of an applicant for an
exploratory permit, the Commission is satisfied that
the applicant pre-qualifies for the grant of a forest
concession agreement, the Commission may invite
the applicant to submit a bid specifying the
concession premium the applicant is offering to pay
for the exploratory permit.
(5) In any case where a plurality of applicants prequalify
for the grant of a forest concession
agreement, the Commission may offer the
exploratory permit to public competition by tender.
(6) Where competitive tenders for an exploratory
permit are invited pursuant to subsection (5), the
highest bidder is deemed to have a preferent claim to
the grant of the exploratory permit, if the sum of the
concession premium offered by the applicant is above
any reserve price fixed by the Commissioner;
provided that the Commission, with the approval of
the Minister, deems it expedient to grant an
exploratory permit, but nothing herein contained is
deemed to give anyone a right thereto.
(7) The holder of an exploratory permit may, at any
time during the period that the permit is in force,
apply for the grant of a forest concession agreement
in respect of any or all of the State forest within the
exploratory area, provided that all the necessary
requirements are met.
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(8) Where no application is made by the holder of
an exploratory permit, during the period that the
permit is in force, for the grant of a forest concession
agreement with respect to any State forest within the
exploratory area the Commission may publish a
further advertisement inviting new applications for
the grant of a forest concession agreement in respect
of that area of State forest.
Exploratory permits 17. (1) Subject to this Act, the Commission may,
with the approval of the Minister, grant an
exploratory permit to any person to carry out
exploratory operations within any area in a State
forest and to occupy land in that area for that
purpose, subject to such general conditions as may be
prescribed and to such special conditions as the
Board may deem necessary in the particular case.
Act No.3 of 1986
Act No.20 of 1989 (2) An exploratory permit confers on the holder
thereof the right to carry out exploratory operations
in the exploratory area to which it relates.
(3) An exploratory permit does not confer upon the
holder the right to occupy any area in a State forest
lawfully occupied by an Amerindian community or to
carry out any exploratory operations therein.
(4) An exploratory permit, unless sooner determined
by surrender or revocation under this Act, continues
in force by virtue of this subsection for the period
stipulated in the permit, not exceeding three years
next after the date on which the permit is granted.
(5) For the avoidance of doubt it is hereby declared
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that the provisions of this section do not apply to
permission to explore for petroleum or to prospect for
minerals in State forests and matters connected
therewith, with respect to which provisions have been
made by the Petroleum (Exploration and Production)
Act 1986 and the Mining Act 1989.
18 (1)While it remains in force, a forest concession
agreement confers on the holder, subject to this act
and the conditions specified in the agreement, the
rights to -
(a) carry on forest operations in the forest concession
agreement area with respect to any forest produce
specified in the forest concession agreement; and
(b) execute such works and carry on such other
operations as are necessary for or in connection with
any matter referred to in paragraph (a).
(2) A forest concession agreement does not confer
upon the holder the right to occupy any area in a
State forest lawfully occupied by any Amerindian
community or to harvest forest produce or any
specified kind of forest produce therefrom.
(3) The Commissioner may, with the approval of the
Board, on the application of the holder of a forest
concession agreement made not later than six months
before the expiry thereof, renew the forest concession
agreement on such conditions as the Board thinks fit.
(4) The Commissioner shall refuse to grant a renewal
of a forest concession agreement if the holder has not
substantially complied with the terms and conditions
thereof, unless the Board considers that special
circumstances exist which justify the granting of the
renewal notwithstanding the default in substantial
compliance.
Forest concession agreement
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(5) A forest concession agreement, unless sooner
determined by surrender or revocation under this Act,
continues in force by virtue of this subsection -
(a) for a period not exceeding forty years next after
the date on which the forest concession agreement is
granted; and
(b) for any period for which the forest concession
agreement is renewed under subsection (4).
19. (1) For the avoidance of doubt it is hereby
declared that nothing in section 16 or section 18
precludes the grant to any reputable person, including
any duly constituted local or international
environmental non-governmental organization, of a
forest concession agreement giving to the holder
thereof the right to -
(a) carry out forest conservation operations within
any otherwise unallocated area in State forest; and
(b) occupy land in that area for the purposes of
such operations;
notwithstanding that forest produce capable of
commercial utilisation may occur in the area.
Forest concessions for conservation purposes
(2) In this section, the expression “forest
conservation operations”, includes but is not limited
to the preservation of the forests for the purposes of
carbon sequestration, the conservation of biological
diversity or ecotourism.
20. (1) The grant of any forest concession agreement
under this Act is subject to the subsequent approval
by the Commissioner of a forest management plan
and annual operating plans prepared by the holder.
Such plans shall be prepared in accordance with the
guidelines of the Commission
Forest management plans
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(2) Before granting approval pursuant to subsection
(1), the Commissioner may require any revision of
the forest management plan or any annual operating
plan prepared by the holder which, in the
Commissioner's opinion, is reasonably necessary to
ensure the sustainability of the proposed forest
operations.
(3) Compliance with the forest management plan and
the annual operating plans approved by the
Commissioner is an implied condition of any forest
concession agreement.
21. (1) Subject to this Act and any other written law,
the Commissioner may grant to any person, subject to
such general conditions as may be prescribed and to
such special conditions as the Board may deem
necessary in the particular case, a forest licence for
the purposes of:
(a)harvesting and removing any specified kind and
quantity of timber;
(b)collecting or cutting a specified kind and quantity
of firewood or timber for the purposes of making
charcoal; or
(c)collecting and removing a specified kind and
quantity of forest produce other than timber or
firewood; from any area of State forests and the right
to occupy land in that area for that purpose.
(2) The Commissioner may offer any forest licence
to public competition by auction or tender.
(3) No forest licence with respect to any forest
produce may be granted to any person pursuant to
subsection (1) -
(a) for any forest produce which, at the time the
application is made, is subject to a forest licence in
favour of another person; or
Forest licences
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(b) if the Commissioner has reasonable grounds to
believe that the applicant -
(i)does not intend to carry on the specified forest
operations in good faith; or
(ii)does not have the competence or resources to
carry out the proposed forest operations.
(4) No forest licence confers upon the holder the right
to occupy any area in a State forest lawfully occupied
by any Amerindian community or to obtain forest
produce or any specified kind of forest produce
therefrom.
(5) A forest licence does not confer exclusive rights
on the holder thereof and such licences may be issued
to different persons in relation to the whole or part of
the same area of State forests.
(6) A forest licence granted pursuant to subsection
(1), unless sooner determined by surrender or
revocation under this Act, continues in force for the
period stipulated in the permit, not exceeding three
years next after the date on which the permit is
granted., but, subject to subsection (7), may be
renewed from time to time.
(7) The Commissioner may, on the application of the
holder of a forest licence, made not less than 30 days
before the expiry thereof, renew the forest licence for
a term of not more than one calendar year and when
renewing a forest licence, the Commissioner may
vary, delete or add to the provisions contained
therein.
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Use permits 22. (1) Without prejudice to the provisions of the
Environmental Protection Act, 1996, the
Commissioner may grant to any person, subject to
such general conditions as may be prescribed and to
such special conditions as the Board may deem
necessary in particular case, so far as not inconsistent
therewith, use permits to enter any State forest and
occupy land therein for purposes of -
Act No.11 of 1996 (a) conducting any scientific research;
(b) education and training;
(c) forest recreation or ecotourism, including hiking,
camping and hunting;
(d) taking any photograph or making any film or
video or sound recording for gain;
(e) entering into areas access to which is restricted by
the provisions of or any order, notice or regulations
made under this Act; or
(f) such other activities as the Commissioner may
declare by notice published in the Gazette.
(2) Nothing in this section is to be construed as
authorizing the grant of a use permit for the purpose
of permitting the holder thereof to obtain forest
produce from a State forest:
Provided that a use permit issued under subsection
(1)(a) may contain a provision permitting the holder
thereof to obtain forest produce from the area
specified in the permit if this is necessary for or
incidental to the purposes of scientific research.
(3) No use permit confers upon the holder any right
to occupy any area in a State forest lawfully occupied
by any Amerindian community.
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(4) A use permit does not confer exclusive rights on
the holder thereof and such permits may be issued to
different persons in relation to the whole or part of
the same area of State forests.
(5) Except in so far as otherwise prescribed, every
use permit is for a term expiring not later than the end
of the calendar year in which it commences, and, may
be renewed from time to time.
Cap. 88:01
Community Forestry 23. (1) Where an application has been made by a
Community Forest Management Group, the
Commissioner may –
(a) enter into a community forest management
agreement with the Community Forest Management
Group for a designated area within any State forest;
and
(b) grant to the Community Forest Management
Group the right to occupy land in the designated area
and manage the area in accordance with the
community forest management agreement:
Provided that the Commissioner is satisfied that any
person living in close proximity to the designated
area, or having strong traditional ties to its use, has
been given a free and fair opportunity to join the
Community Forest Management Group.
(2) No community forest management agreement
confers upon a Community Forest Management
Group, other than a Community Forest Management
Group formed by that Amerindian community, the
right to occupy any area of State forest lawfully
occupied by any Amerindian community or to obtain
forest produce or any specified kind of forest produce
therefrom.
(3) The Commissioner may terminate any community
forest management agreement, by notice served on
the Community Forest Management Group, bringing
to an end the lawful possession of the designated area
by the Community Forest Management Group, where
-
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(4) in the opinion of the Commissioner, the
Community Forest Management Group cannot carry
out its operations in accordance with the management
agreement; or
Provided, in respect of the case referred to in
subsection 3, that the Commissioner shall give the
Community Forest Management Group a reasonable
time to comply with the management agreement and
an opportunity to submit acceptable proposals for
amendment of the management agreement.
No right to issue of grant 24. In no case whatsoever is it compulsory for the
Minister, the Commission, the Board, the
Commissioner or any forest officer to grant any
exploratory permit, forest concession, forest licence
or use permit in respect of, or dispose of any forest
produce from or of any portion of the State forest of
Guyana, or enter into any community forest
management agreement or issue any permit or
consent required under this Act.
Occupational health & safety
Act No.30 of 1997
25. The holder of any exploratory permit, forest
concession, forest licence or use permit who employs
any person in relation to operations in State forests
carried out thereunder, shall make such provision for
the occupational safety and health of workers as is
required by the Occupational Safety and Health Act,
1997.
26. The Commissioner may require an applicant for
an exploratory permit, forest concession, forest
licence or use permit to:
(a) execute a bond satisfactory to the
Commissioner for the performance and observance
by the applicant of the conditions of the exploratory
permit, forest concession agreement, forest licence or
use permit upon the issue or renewal thereof; and
Security bonds
(b) make arrangements satisfactory to the
Commissioner to replenish the bond from time to
time where it, or any part of it, has been forfeited to
pay penalties, fines or compensation, or to remedy
damages.
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27. Where -
(a) there is a breach of this Act or any regulations
made hereunder; or
(b) any condition of any exploratory permit, forest
concession agreement, forest licence or use permit
issued under this Part is not fulfilled; or
(c) any bond has been exhausted;
the Commissioner may, after giving notice to the
holder and affording them an opportunity of being
heard, suspend the exploratory permit, forest
concession agreement, forest licence or use permit, as
the case may be, whereupon it ceases to be lawful to
carry out any forest operations within the area
designated therein:
Suspension of permits, concessions and licences
Provided always that where the Commissioner is
satisfied that any delay in the cessation of forest
operations may result in irreversible degradation of
the forest estate or irremediable damaged to forest
resources, the Commissioner may by notice in
writing served on the holder suspend the exploratory
permit, forest concession agreement, licence or use
permit forthwith.
28. (1) An exploratory permit, forest concession
agreement, forest licence or use permit granted under
this Part is not transferable by the holder to any other
person without the prior consent in writing of the
Commissioner.
Transfer of permits, concessions
and licences
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(2) Where any exploratory permit, forest concession
agreement, forest licence or use permit has been
transferred in breach of the provisions of subsection
(1), or control of a corporation which is the holder of
an exploratory permit, forest concession, forest
licence or use permit has been transferred in breach
of section 15(1), the Commissioner may, after giving
notice to the holder and affording them an
opportunity of being heard, suspend the exploratory
permit, forest concession, forest licence or use
permit, as the case may be.
Procedure on suspension of permits,
concessions and licences
29. (1) Upon taking action to suspend a exploratory
permit, forest concession agreement, forest licence or
use permit under section 27 or 28(2), the
Commissioner shall forthwith make a full report to
the Board of the circumstances of its suspension.
Revocation and surrender of permits,
concessions and licences
30. (1) The Commissioner may, with the approval of
the Board revoke an exploratory permit, forest
concession agreement, forest licence or use permit,
by notice served on the holder thereof.
31. (1) Any movable property brought upon the
land covered by an exploratory permit, forest
concession agreement, forest licence or use permit
may be removed by its owner during the term of the
exploratory permit, forest concession agreement,
forest licence or use permit, as the case may be.
(2) If any movable property remains on such land
for more than ninety days after the expiry or
revocation of the exploratory permit, forest
concession, forest licence or use permit, as the case
may be, the Commissioner may dispose of it in such
manner as the Board thinks fit, and may recover from
the owner thereof such expenses as are incurred by
the Commission in disposing of it.
Part V
Forests on Amerindian and Private Lands
Moveable property
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32. (1) Any person who wishes to enter into an
agreement under which that person acquires rights to
the commercial utilization of forest produce on
Amerindian land shall first give notice in writing to
the Minister responsible for Amerindian affairs, the
Environmental Protection Agency and the
Commission of their intention to negotiate with the
appropriate Amerindian District, Area or Village
Council on behalf of the Amerindian community.
(2) After receiving a copy of the notification
forwarded to it under subsection (1), the Commission
shall advise the Minister responsible for Amerindian
affairs and the Amerindian Council with respect to
the requirements of this Act and the regulations
governing the commercial utilization of forest
produce and any other matters on which they make
seek the advice of the Commission before the
Amerindian Council enters into the agreement.
(3) Where no rules governing forest operations on
Amerindian land have been made by the Amerindian
Council, it is an implied term of any agreement for
the commercial utilization of forest produce on
Amerindian land that the forest operations carried out
thereunder shall comply with the requirements of this
Act, the regulations and any Code of Practice issued
by the Commission.
Commercial utilisation of forest produce on
Amerindian land
(4) An agreement for the commercial utilization of
forest produce on Amerindian land may provide that
the agreed forest operations shall be monitored by the
Commission on behalf of the Minister of responsible
for Amerindian affairs or the Amerindian Council, on
terms and conditions to be determined in consultation
with the Commission.
Conservation of forests on private land 33. (1) The Minister may by order published in the
Gazette declare any forest on private land to be a
forest conservation area whenever this appears to
necessary for any of the following purposes -
(a) conserving the forest resources of Guyana and
securing the proper management of forest land;
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(b) preventing soil erosion, coastal erosion, the
erosion of the banks of rivers or creeks and the
deposit of mud, stones or sand in rivers or creeks or
upon agricultural land;
(c) maintaining water supplies in springs, rivers,
canals, reservoirs, aquifers or water conservancies;
(d) minimizing the risk or mitigating the impact of
storms, winds, floods or landslides;
(e) protecting roads, bridges, airstrips and other
infrastructure works; or
(f) preserving human health.
(2) In the exercise of the power conferred by this
section, the Minister shall act on the advice of the
Commission.
(3) Where any area of private land is declared a forest
conservation area under this section, the Minister
shall make regulations, by order published in the
Gazette, to control or prohibit within any such forest
conservation area -
(a) the felling, cutting, lopping or burning of, or the
doing of any injury to any trees or other forest
produce;
(b) the breaking up or clearing of land for cultivation;
(c) the pasturing or straying of livestock;
(d) the setting of fire; and
(e) any other act which appears to be prejudicial to
the purposes set out in subsection (1).
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(4) Where any private land is declared to be a forest
conservation area under this section, the owner, or
any person other than the owner who is in lawful
occupation of the land, is entitled to claim reasonable
compensation for the disturbance of their rights,
including the fair value of all forest produce which
that person would be entitled, but for the declaration,
to remove from the land.
(5) The Minister may, by order published in the
Gazette, revoke or modify a declaration of a forest
conservation area with respect to any land.
(6) In the exercise of the power conferred by
subsection (10), the Minister shall act on the advice
of the Commission.
34. (1) The owner of any private land may, with a
view to the conservation of forest or natural resources
thereon, make an application in writing to the
Commission for -
(a) the land to be sustainably managed by the
Commission, in such manner and on such terms as
may be agreed; and
(b) any or all of the provisions of this Act, or any
subsidiary legislation made under this Act, be applied
to the land.
(2) Where the Commission agrees to sustainably
manage any private land pursuant to subsection (1),
the Minister may by order published in the Gazette
apply to the land such provisions of this Act, or any
subsidiary legislation made hereunder, as the
Commissioner considers to be suitable in the
circumstances and as are agreed to by the applicant.
Part VI
Voluntary protection of forests on Private land
Forest Industries
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35. (1) No person may without a removal permit or a
removal declaration issued under this Act:
(a) remove or cause to be removed any forest produce
from any State forest, State lands, Amerindian land
or private land; or
(b) convey within Guyana any primary forest produce
which has been exported from its country of origin
and imported into Guyana.
Transport off forest produce
(2) The importation into and conveyance within
Guyana of any primary forest produce which has
been illegally obtained in or exported from its
country of origin is prohibited.
36. (1) No person may erect or relocate a primary
conversion plant, used for primary conversion
purposes, or make any extension or alteration thereto,
without a permit issued by the Commission.
Construction of primary conversion plants
(2) For the avoidance of doubt it is hereby declared
that the permit required under this section is in
addition to and not in substitution for any statutory
consent which may be required under any other
written law.
37. (1) No person may operate a primary conversion
plant, including a portable sawmill or a chainsaw
used for primary conversion purposes, without an
annual operating licence issued by the Commissioner.
(2) The Commissioner may suspend, for such time as
may appear to be appropriate, or revoke any licence
issued under subsection (1) upon breach by the
licensee of any of the terms and conditions of the
licence or any of the provisions of this Act or any
regulations made hereunder.
Operation of primary conversion plants
Marketing of forest produce 38 (1) No person may carry on the business of
purchasing forest produce for resale, including sale
for export from Guyana, without a forest produce
dealers licence issued under this Act.
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(2) For the avoidance of doubt it is hereby declared
that a licence granted under subsection (1) does not
relate to or confer the right to use any premises for
the purposes of purchase and resale of forest produce.
39 (1) No person may sell:
Any timber described or held out to be seasoned
and/or graded timber unless the timber has been
graded in accordance with approved guidelines, and
marked and branded by an authorized timber grader
as prescribed;
Quality control of forest produce
(2) Any forest officer authorized by the Commission
has the power to issue timber marketing certificates
and a timber marketing certificate is deemed to be a
guarantee that at the time of inspection the timber
actually inspected by the forest officer, was of the
exact specification or quality shown on the
certificate.
Act No.11 of 1984
(3) The provisions of this section stand repealed, in
respect of any matter for which provisions are made
under the Guyana National Bureau of Standards Act,
to the extent to which they are inconsistent with the
provisions made under that Act.
40 (1) No person inside or outside of Guyana may
engage in the certification of timber or other forest
produce as complying with any international standard
for the purposes of export from Guyana, unless that
person has been accredited by the Commission.
(2) For the purposes of subsection (1), a person who
is accredited by the Guyana National Bureau of
Standards to certify compliance with international
standards set by the International Standards
Organization or any other international organisation
is deemed to have been accredited by the
Commission.
Compliance with international standards
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(3) With the exception of persons accredited by
operation of subsection (2), any person accredited by
the Commission pursuant to subsection (1) shall pay
an annual registration fee.
Export of forest produce 41 (1) No person may export or enter for export any
forest produce except under an export certificate
issued by the Commission.
(2) No export certificate may be issued by the
Commission unless the forest produce to be exported
conforms with the provisions of this Act and any
applicable standard established by the relevant
authority under the Guyana National Bureau of
Standards Act.
Act No.11 of 1984
42. (1) Transfer pricing of forest produce is
prohibited.
Control of transfer pricing
(2) In this section, the term "transfer pricing" means
the practice of ascribing prices below the true market
value to exported forest produce for the purpose of
indirectly transferring income from forest operations
out of Guyana.
Part VII
Forest Charges
Annual management fees 43 (1) An annual management fee shall be charged
for any exploratory permit, forest concession
agreement or forest licence at such rates and payable
in such manner as prescribed by the relevant
regulations.
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(2) In setting the level of annual management fees,
the Minister shall have regard to the full annual
economic costs of forest management by the
Commission in relation to the extent of the area
covered by the exploratory permit, forest concession
agreement or forest licence actively under the
management of the Commission.
(3) When, in the opinion of the Board, this is
appropriate for the purposes of rewarding voluntary
compliance with good sustainable management
practice, the Commission may grant a discount on the
annual management fees payable in respect of any
forest concession agreement or forest All revenues
derived from annual management fees are payable
into the general revenues of the Commission.
44 (1) Every person who cuts or removes any forest
produce from State forests pursuant to an exploratory
permit, forest concession agreement, forest licence,
use permit or community forest management
agreement, shall pay such charges in respect thereof
in such manner as may be prescribed by regulations
made under this Act.
(2) Charges on forest produce are payable at rates
based on the volume of forest produce cut or
removed as determined by the quantity of such forest
produce counted, measured or weighed, as the case
may be, in situ or at such points in the system for
internal transport, processing or export of such forest
produce as the Commissioner sees fit.
Volume charges on forest produce
(3) The volume of forest produce on which any
charge is payable may be counted, measured or
weighed, in accordance with subsection (2), by the
Commissioner or any forest officer authorized by the
Commissioner or any agent or contractor employed
by the Commission.
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45 (1) When, in the opinion of the Commission, this
is necessary for the purposes of encouraging
sustainable forest management, the Minister may by
order published in the Gazette impose a levy on any
class or classes of forest produce in the form of a
surcharge on the volume of such forest produce
harvest and removed from State forests or exported
from Guyana, as the case may be.
(2) For the avoidance of doubt it is hereby declared
that any levy imposed by the Minister pursuant to
subsection (1) may be altered or removed, as the
Minister sees fit, by order published in the Gazette.
Levies on Forest Produce
(3) All revenues derived from any levy on forest
produce are payable into the general revenues of the
Commission.
User fees 46 (1) A user fee shall be charged for the award of
any use permit at such rates as may be prescribed for
different classes of users by the Minister by order
published in the Gazette.
(2) All revenues derived from user are payable into
the general revenues of the Commission.
(3) In the exercise of the powers conferred by this
section, the Minister shall act on the advice of the
Commission.
47 (1) Administrative fees may be charged in
connection with the processing of any application
made to the Commission, and for the grant of any
exploratory permit, forest concession agreement,
forest licence, use permit or other authorisation, and
for the registration of anything required to be
registered under this Act, at such rates as may be
prescribed by the Commissioner by notice published
in the Gazette.
Administrative fees
(2) For the avoidance of doubt it is hereby declared
that the Commission is not liable to refund any
application fee payable under this Act,
notwithstanding that the application with respect to
which the fee was paid has been refused.
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(3) All revenues derived from administrative fees are
payable into the general revenues of the Commission.
Fines 48. (1) Fines payable under this Act or any
regulations made hereunder are payable in respect of
the offences listed in the first column of the Schedule
at the rates specified on the same line in the second or
third column, as the case may be.
(2) The Minister may by order, subject to negative
resolution of Parliament, amend the Schedule to this
Act.
Schedule
(2) In the exercise of the power conferred by
subsection (2), the Minister shall act on the advice of
the Commission.
49 (1) Any concession premium, annual management
fee, volume charge or levy on forest produce or user
fee payable under this Act may if so directed by the
Minister, be denominated in such freely useable
currency as specified in the directive.
Payment in freely useable
currencies
50(1) The Minister may, by public notice, establish a
multiplier for volume charges and levies on forest
produce and administrative fees payable under this
Act or any regulations made hereunder based on the
rate of inflation in Guyana since the commencement
of this Act.
(2) In setting volume charges and levies on forest
produce and administrative fees under this Act, the
Commissioner shall apply any multiplier established
under this section.
Indexation
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51 Where any concession premium, annual
management fee, volume charge or levy on forest
produce, user fee, administrative fee, or other charge,
payable into the Consolidated Fund or into the
revenues of the Commission in accordance with the
provisions of this Act or any regulations or
agreement made hereunder, remains unpaid after the
date on which payment is due, the Commission may
charge interest at such rate as the Minister thinks fit
on the whole or any part of the unpaid sum for the
whole or any part of the period between the date on
which the payment was due and the date of payment.
Part VIII
Forest Information
Interest payable on arrears
52 It is the duty of the Commission to -
(a) cause the State forest to be inspected from time to
time for the purpose of monitoring compliance with
the provisions of this Act and any regulations made
hereunder;
(b) keep such public registers of applications made to
the Commission, the decisions made thereon,
permits, concessions and licences issued and
enforcement actions taken, as may be prescribed by
regulations; and
(c) provide any person at their request with any
information in its possession that it is empowered or
obligated to disclose.
Duties of the Commission
53. Or the purposes of carrying out its functions and
the purposes of this Act, the Commission may -
Powers of the Commission
(a) by notice require any person to furnish to the
Commission any information reasonably considered
to be necessary for the performance of its functions
or for the exercise of any powers or the discharge of
any duties conferred upon the Minister, the
Commission, the Board or the Commissioner by this
Act or any other written law;
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(b) by its servants or agents, at any reasonable time
enter on to any premises to take any samples or
measurements in relation to compliance with any
conditions imposed or standards set under this Act or
any regulations made hereunder:
Provided that no such entry may be made upon any
premises unless -
(i)the owner or occupier or person in charge of the
premises consents; or
(ii) a warrant authorising such entry is first obtained
by or on behalf of the Commission; or
(iii)in the opinion of the Commissioner, there exists a
situation in which there is an immediate risk that
compliance with the requirements set out in
paragraph (i) or (ii) is likely to cause, facilitate or
permit any person to do irreversible damage to the
State forest or to forest produce which is the property
of the State;
(c) convene any hearing or inquiry for the purpose of
gathering information in relation to resolving any
dispute relating to any grant made, agreement
concluded or licence or permit issued under this Act;
and
(d) by notice specify any matters which it is the duty
of a person who is the holder of an exploratory
permit, forest concession agreement, forest licence,
use permit, operating licence, forest produce dealers
licence or any other licence, permit or certificate
granted or issued under this Act to bring to the notice
of the Commission.
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54 (1) A person who is the holder of an exploratory
permit, forest concession agreement, forest licence,
use permit, operating licence, forest produce dealers
licence or any licence, permit or certificate granted or
issued under this Act shall keep such books and
records, including but not necessarily limited to
electronic records, as may be prescribed by
regulations made hereunder.
(2) Such books and records are open to inspection at
all times during working hours to any forest officer or
peace officer, who may take possession of such
books and records for the purpose of investigating the
commission of any offence against this Act or any
regulations made hereunder.
Duties of holders
(3) The Commissioner may require copies of any
records or a summary or extract of any records made
in compliance with subsection (1), to be forwarded to
the Commission in any form that the Commissioner
sees fit, including but not necessarily limited to in the
form of an electronic record.
55 (1) Any person is entitled to access to
information that is in the possession of the
Commission, excluding any matters which may
seriously and prejudicially affect the interests of any
other person or which may involve the disclosure of
trade secrets, matters of commercial confidentiality
or national security.
(2) Information relating to a specific business may
not be disclosed by the Commission without the prior
written consent of the person carrying on that
business, other than for the purposes of any
proceedings relating to an offence under this Act or
any other written law.
Public access to information
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Part IX
Forest Offences
56 (1) No person may contravene any provision of
this Act or of any regulations or of any of the terms
or conditions of any grant or agreement made
hereunder. Any such contraventions are liable to
penalties in accordance with the relevant regulations.
Part X
Enforcement
Contravention of the Act
57 (1) Any forest officer or peace officer, acting
alone or with any assistants, may enter any State
forest occupied under any exploratory permit, forest
concession agreement, forest licence or community
forest management agreement issued subject to
conditions, and may inspect the area.
(2) The Commissioner may authorize in writing any
public officer to exercise any or all of the powers
conferred on forest officers and peace officers by
subsection (1).
Power of entry
(3) Any officer of the Guyana Lands and Surveys
Commission may enter any State forest occupied
under an exploratory permit, forest concession
agreement or forest licence issued subject to
conditions under this Act or any other written law,
and may survey, demarcate and make a map thereof.
58. Any forest officer or peace officer may:
(a) call upon any person who appears to be about to
commit, is committing or is reasonably suspected of
having committed an act for which an exploratory
permit, forest concession agreement, forest licence,
use permit or other authorisation is required by this
Act, to produce that authorisation; and
Power to interrogate
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(b) question any person found in possession of forest
produce and ask the person so questioned to sign a
statement as to the truth of their answers:
Provided always that the rights of that person to
silence and to protection against self-incrimination
shall not be violated.
Power to search 59. Whenever a forest officer or peace officer
reasonably suspects that any person has committed an
offence under this Act, or is in possession of any
forest produce unlawfully obtained, the officer may
without warrant search that person or any baggage,
package, parcel, vehicle, vessel, conveyance, tent,
building or premises under that person's control.
60 (1) A forest officer or peace officer may seize,
detain and dispose of any forest produce, livestock,
tools, boats, vehicles, machinery, or other
implements that the officer reasonably suspects are
liable to forfeiture under this Act. Such seizure,
detention and disposal must be done in accordance
with the forest regulations.
Part XI
Power to seize and detain
Miscellaneous
61 (1) The Minister, by order made subject to
affirmative resolution of the National Assembly and
published in the Gazette, may exempt any person or
class of persons, or any land or class of land, from
any of the provisions of this Act.
Power of exception
(2) In the exercise of the power conferred by this
section, the Minister shall act on the advice of the
Commission.
Acts done in good faith 62. No suit lies against any forest officer or other
person for anything done in good faith in the
execution or intended execution of a duty or the
exercise or intended exercise of a power under this
Act.
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63 (1) For the purposes of this Act, all lands in State
forests occupied or used by Amerindian communities
and all land necessary for the quiet enjoyment by the
Amerindians of any Amerindian settlement, are
deemed to be lawfully occupied by them.
(2) Nothing in this Act shall be construed to
prejudice, alter, or affect any right or privilege
heretofore legally possessed, exercised or enjoyed by
any Amerindian in Guyana.
Protection of the rights of Amerindians
Harvesting of forest produce on
lands outside State forests
64. The President may authorise the Commission to
grant licences to harvest any forest produce found on
State lands outside the State forests and to give
permission to occupy any unallocated State lands for
that purpose, without giving any exclusive right to
occupy any specified part thereof.
Forest roads
Cap.62:03
65. Any of the powers to grant permission to anyone
to construct and maintain on public lands any road
necessary or convenient for the mining or forest
operations or other purposes, conferred upon the
relevant authority by the Public Lands (Private
Roads) Act or any legislation which repeals and
replaces the aforesaid enactment, may be exercised in
respect of public lands within State forests; provided
that the powers conferred upon the relevant authority
by this subsection is exercised only after consultation
with the relevant Agency.
Grants under the Petroleum (Exploration
and Production) Act and the Mining Act
66 (1) Any of the powers to grant any petroleum
prospecting or production licence or mineral
prospecting or mining licence conferred upon the
Guyana Geology and Mines Commission or any
other person by or under the Petroleum (Exploration
and Production) Act, 1986, or the Mining Act, 1989,
or any legislation which repeals and replaces the
aforesaid enactments, may be exercised in respect of
public lands within State forests:
Act No.3 of 1986 Provided that -
Act No.20 of 1989
(a) the powers conferred upon the relevant authority
by this section may be exercised only after
consultation with the Environmental Protection
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Agency; and
(b) any such grant is subject to -
(i)the rights of any person duly authorized under this
Act to harvest forest produce or conserve State forest;
and
(ii)to this Act, except when such licence contains any
express condition to the contrary.
67 (1) The Minister may make regulations, subject to
negative resolution of the National Assembly, to give
effect to -
(a) any of the provisions of this Act; and
(b) any obligation or the exercise of any related right
under an international agreement to which Guyana is
for the time being a party.
Regulations
68 (1) Notwithstanding the repeal of the enactments
mentioned in section 99(1), all regulations made
thereunder, to the extent to which they could be made
under this Act, continue in force as if they had been
made under this Act, until amended or repealed and
replaced by regulations made under this Act.
(2) All State forest permissions, wood cutting leases,
timber sales agreements and other permits, licences
and authorities granted under the legislation
mentioned in section 99(1), that are valid and in force
immediately before the commencement of this Act,
continue to have full force and effect for the term for
which they were granted or entered into, or until they
sooner are surrendered or revoked according to the
law, as if the Act under which they were granted has
not been repealed.
Savings
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(3) In so far as they are applicable, the provisions of
this Act apply mutatis mutandis to all State forest
permissions, wood cutting leases, timber sales
agreements and other permits, licences and
authorities granted under the legislation mentioned
in section 99(1), and anything done thereunder.
Repeals and amendments
Cap.67:01
Cap.67:03
Cap.67:04
Cap.69:07
69. (1) The former Act, the Guyana Timber Export
Board Act, the Timber Marketing Act and the Balata
A ct are hereby repealed.
Cap.62:01
Cap.29:01
(2) The provisions of the State Lands Act
and the Amerindian Act stand repealed, with respect
to any matter for which provision has been made by
this Act, to the extent of their inconsistency with the
provisions of this Act.
Cap.62:03
Reg.1/6/1894 (3) The Public Lands (Private Roads)(Wood
Cutting) Regulations is amended at Regulation 3 by -
(a) the deletion of the words “a fine of seventy five
dollars” and the substitution therefore of the words
“the fine applicable to a Class II offence under the
Forests Act, 2001, and to imprisonment for six
months”; and
(b) the deletion of the words “Lands Department”
and the substitution therefor of the words “Guyana
Forestry Commission or peace officer”.
Application to the State 70 (1) Subject to the provisions of this section, the
provisions of this Act or of any regulations and
orders made under it bind the State.
(2) No contravention by the State of any provision of
this Act or of any regulations and orders made under
it makes the State criminally liable; but the High
Court may, on the application of the Commission,
declare unlawful any act or omission of the State
which constitutes a contravention.
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(3) Notwithstanding anything in subsection (2), the
provisions of this Act and of regulations and orders
made under it apply to persons in the public service
of the State as they apply to other persons.
SCHEDULE
Section 50
SCALE OF FINES PAYABLE FOR OFFENCES
Class of Offence First Offence
Class I $250,000
Class II $500,000
Class III $1,000,000
SUBSIDIARY LEGISLATION
Section 4(2)
DECLARATION OF STATE FOREST
The areas of State land described in the Schedule are hereby declared to be State Forests.
SCHEDULE
AREA No. 1
Proc.21/1953 That part of Guyana bounded as follows:
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Commencing at Punta Playa in the northwest corner of Guyana on the
Guyana-Venezuelan Boundary; thence along the Guyana-Venezuelan
Boundary to the Cuyuni River, thence up the right bank of the Cuyuni
River to the Mekuru Creek, thence along the right bank of the Mekuru
Creek to the Pakaraima Escarpment; thence along the foot of the
Pakaraima Escarpment in a general south easterly direction to the
Amatuk Fall on the Potaro River; thence down the left bank of the
Potaro River to its junction with the Essequibo River; thence up the left
bank of the Essequibo River to its junction with the Rupununi River;
thence across the Essequibo River and due east to to the left bank of the
Corentyne River; thence down the left bank of the Corentyne River to
the Kanakaburi River; thence up the right bank of the Kanakaburi River
to its source; thence by a straight line to the source of the Ikuruwa
River; thence down the Ikuruwa and the Canje Rivers to the Torani
Canal; thence along the Torani Canal to the Berbice River; thence
across the Berbice River to its left bank; thence up the left bank of the
Berbice River to the Wiruni River; thence up the left bank of the
Wiruni River to its source; thence in a westerly direction to the source
of the Aroakai River; thence along the right banks of the Aroakai and
Kaidakori Rivers to the Demerara River; thence along the right bank of
the Demerara River to the southwest corner of Timehri Field; thence
across the Demerara River to the mouth of the Kamuni River; thence
up the left bank of the Kamuni River to its source; thence in a westerly
direction to the Bonasika River; thence down the right bank of the
Bonasika River to its junction with the Essequibo River; thence across
the Essequibo River to the mouth of the Supenaam River (excluding all
the islands north of Bartica); thence up the left bank of the Supenaam
River to its junction with the Arahuria River; thence up the left bank of
the Arahuria River to the eastern boundary of the Pomeroon
Amerindian Reservation; thence along the eastern boundary of the
Pomeroon Amerindian Reservation to the Arapaiko River; thence down
the right bank of the Arapaiko River to its mouth; thence across the
Pomeroon River and down the left bank of the Pomeroon River to the
mouth of the Warapana River; thence up the right bank of the
Warapana River to its source; thence due northwest to the Akawini
River; thence up the left bank of the Akawini River to its junction with
the Tunapuri River; thence in a northerly direction to the source of the
Wakapau River; thence down the Wakapau River to the Koria Itabu;
thence along the Koria Itabu to the Manawarin River; thence down the
Manawarin River to its junction with the Moruka River and down the
Moruka River to its mouth; thence along the sea coast in a
northwesterly direction back to the point of commencement;
Save and except -
(a) The Morawhanna Village District;
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(b) The Maburama Government Compound;
(c) The Bartica Village District;
(d) The Christianburg and Wismar Country District;
(e) All the islands in the Essequibo River north of the Bartica Village
District; and
(f) All other lands owned by persons in the area of State land above
described.
AREA No.2
That part of Guyana bounded as follows:
Proc. 84/1969
Commencing at the confluence of the Mahaica and Maduni Rivers and
extending up the right bank of the Maduni River to its source; thence
by a line to the source of Kuru Kuru Creek, a branch of the Hauraruni
on the right bank of the Demerara River; thence down the left bank of
Kuru Kuru Creek to a point about one and a half miles above its
junction with the Soesdyke-Linden Highway; thence in a southerly
direction by a line parallel to and one mile east of the Soesdyke-Linden
Highway to the Moblissa River at a point one and a half miles above its
junction with the Soesdyke-Linden Highway; thence up the right bank
of the Moblissa River to its source; thence by a line eastward to the left
bank of the Mahaica River; thence down the left bank of the Mahaica
River to the point of commencement; except all lands owned by
persons in the area of land hereinbefore described in this Schedule.
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AREA No. 3
That area of Guyana described as follows:
Proc. 200/1969
Situate between the Demerara River and the Bonasika River the
boundaries of which commence on the left bank of the Kamuni River at
its junction with the Parkinson (Irrigation) Canal and extends thence up
the left bank of the Kamuni River to its source; thence in a westerly
direction to the Bonasika River; thence down the right bank of the
Bonasika River to the mouth of the Warimia River; thence up the right
bank of the Warimia River to the mouth of the Durabana Creek; thence
up the left bank of the Durabana Creek to the mouth of the South
Durabana Creek; thence to a point about three and a half miles up the
right bank of the South Durabana Creek; thence due east to the left
bank of the Yamparri River; thence down the left bank of the Yamparri
River to the Boerasiri River; thence down the right bank of the
Boerasiri River to the Moraru (Mora) Creek; thence up the right bank
of the Moraru (Mora) Creek for about one and a half miles to the
mouth of an unnamed creek; thence due east to the left bank of the
Hubabu Creek; thence down the left bank of the Hubabu Creek to the
western Conservancy Dam of No.2 Canal Polder; thence southwards
along this Conservancy Dam to its junction with the southern
Conservancy Dam at No.2 Canal Polder; thence eastwards along the
southern Conservancy Dam to its junction with Jumbi Creek; thence in
a southeasterly direction to the Parkinson (Irrigation) Canal; thence in a
southwesterly direction along this Parkinson (Irrigation) Canal to the
point of commencement; save and except all lands owned by persons in
the area described in this Schedule.
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AREA No. 4
That part of Guyana described as follows:
Proc. 149/1973
Commencing on the right bank of the Potaro River at Amatuk Fall;
thence due south to a point on the left bank of Ekureparu River, a right
bank tributary of the Potaro River; thence up the left bank of the
Ekureparu Riverto its source; thence in a southeasterly direction to the
source of the Konawaruk River; thence in a southwesterly direction to
the source of the Siparuni River; thence in a general southerly direction
along the Siparuni-Ireng watershed to the source of the Takutu River;
thence in a southeasterly direction to the source of the Mora River;
thence down the right bank of the Mora River to its junction with the
Rupununi River; thence due south across the Rupununi River to its
right bank; thence down the right bank of the Rupununi River to its
junction with the Essequibo River; thence down the left bank of the
Essequibo River to its junction with the Potaro River; thence due north
across the mouth of the Potaro River to its left bank; thence up the left
bank of the Potaro River to the Amatuk Fall, the point of
commencement; save and except all other lands lawfully held.
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AREA No. 5
That part of Guyana bounded as follows:
Order 34/1997
Commencing at a point where the fourth parallel bisects the Essequibo
River; thence by a cut line in an easterly direction for about twentyeight
miles to a point on the left bank of the Corentyne River; thence
up the left bank of the Corentyne River to the mouth of the Kutari
River; thence up the left bank of the Kutari River to the mouth of the
East Kutari River; thence up the left bank of the East Kutari River to a
point near its source and forming (Corentyne, Kutari and East Kutari
Rivers) the International Boundary with Suriname; thence along the
International Boundary with Brazil in a general westerly and
northwesterly direction to a point near the source of the Kuyuwini
River; thence down the right bank of the Kuyuwini River to Kuyuwini
Landing; thence along the Parabara/Isherton Trail for about nine and a
half miles in a northwesterly direction to Parabara; thence by a cut line
in a northeasterly direction for about four miles to a point near the
source of the Saberna River; thence down the right bank of the Saberna
River to its mouth on the right bank of the Totowau River; thence down
the right bank of the Totowau River to its mouth on the left bank of the
Kwitaro River; thence down the right bank of the Kwitaro River to its
mouth on the left bank of the Rewa (Illiwa) River; thence down the
right bank of the Rewa (Illiwa) River to its mouth on the left bank of
the Essequibo River; thence down the Essequibo River to where it
bisects the fourth parallel, this being the point of commencement; save
and except Konashen and all other Amerindian and legally held lands;
and being an area of 11,313,760 acres approximately.