7.1 Statutory Requirements
The management and regulation of taun falls under the Forestry Act 1991 as amended
in 1993, 1996, 2000, and 2005. This Act was introduced in response to the findings of
a Commission of Inquiry in the 1989 that exposed widespread mismanagement and
corruption in the forestry sector. The Act introduced a completely new statutory
framework for the management and control of forest harvesting operations and
established the PNG Forest Authority as the principle regulatory agency. Key
requirements in the Act are:
Conservation and renewal of forest resources as an asset for succeeding
generations
Administration of the management, development and protection of forest
resources by the PNG Forest Authority
Development of forest resources only in accordance with the National Forest
Plan
Timber harvesting allowed only under a permit or authority issued under the
Act
Other forest industry activities to be regulated by licenses
Registration of all forest industry participants
27
The Act also provides a detailed framework for the development and allocation of
timber harvesting rights and gives powers to enforce the Act against defaulting
companies and individuals.
7.2 Informed Consent
In Papua New Guinea, local populations retain legal control of land under a system
designated as ‘customary land tenure.’ Under this system, the rights to manage forest
resources and to harvest and sell timber are bound to the land and are clearly vested in
the people and not the State.
The Forestry Act 1991 clearly states that the rights of customary owners of the forest
resource ‘shall be fully recognized and respected in all transactions. Under the Act,
the first stage in the development of a timber harvesting project is for the State to
acquire the forest management rights from the forest owners. This is done through a
contract known as a Forest Management Agreement (FMA) that must be in writing. A
FMA is a contract between forest owners and the PNG Forest Authority, where the
forest owners agree to their forest being managed on a long-term basis for sustain
wood production. Note, FMA does not set out all the monetary and other benefits the
landowners will receive in return for giving logging and marketing rights to the State.
These benefits are outlined in the Project Agreement (PA). A PA is a contract with the
developer/investor and the PNG Forest Authority.
Regardless of the type of contract being sorted, it is the basic tenant of the ‘Law of
Contract’ that binds all stakeholders in partnership. Thus, when landowners give their
agreement in a legally binding contract they must be giving ‘free and informed’
consent. This means that they understand the nature of the contract and their rights
and obligations under its terms.
However, given low levels of literacy and general education, effective communication
presents special challenges to those seeking to obtain customary rights.
28
7.3 Sustained Timber Yield
The requirement in the Forestry Act for forest resources to be ‘conserved and renewed
as an asset for succeeding generations’ has been interpreted in the National Forest
Policy emphasizing that timber harvesting be managed on a sustained yield basis.
7.4 Harvesting Regulations
Compliance with harvesting regulations and other requirements relating to the
planning and management of field operations is a key parameter in the assessment of
the legality of forestry projects.
Papua New Guinea’s policies, laws and regulations relating to the administration of
forest management provide a detailed framework for the planning and conduct of
harvesting operations and post-harvest assessments. This includes: requirements for
detailed five-year and annual working plans; compliance with a Logging Code of
Practice and key standards governing harvesting operations, road construction and
post-harvest treatments; and approved Environmental Plans.
7.5 Contractual Requirements
Forest management in general and timber harvesting operations in particular are
underpinned by a series of contractual relationships between the key stakeholders:
resource owners, the State, the licensed holder of the timber harvesting rights and the
logging company. The exact set of contracts to be found in any one forest
management project can vary depending on the legislation that applied at the time the
project was initiated, the form of the resource-owner mobilization, the type of license-
holding entity and the size of the harvesting operation.
29
However, whatever the exact form of the contractual relationship, there is always at
the core a series of obligations that the logging company owes to the resource owners,
whether directly or indirectly, that are to be performed in return for the right to
harvest and remove timber. These obligations invariably include three key elements:
1. Direct financial payments (royalties)
2. Building of infrastructure
3. Installation of timber processing facilities
7.6 Environmental Plans
A valid Environmental Plan for all timber harvesting operations is a legal requirement
under the Environmental Planning Act and a legal prerequisite to the issuing of a
Timber Permit under the Forestry Act.
7.7 Effectiveness of Forestry Act
The effectiveness of the above summarized sections of the Forestry Act was recently
reviewed with regard to compliance by current logging companies. Evidence from the
reviews indicates that although all timber harvesting operations may be officially
licensed, there are serious issues of legal non-compliance at almost every stage in the
development and management of these projects (Forest Trends, 2006). For these
reasons the majority of forestry operations are considered illegal. Most, if not all
companies have not complied with the national laws and regulations. The most
widespread and manifest problems are the failure to secure informed consent and the
inability of the State to ensure sustained yield management in natural forest areas. In
order to be regarded as ‘legal,’ a timber harvesting operation needs far more than just
an official permit or license. It is generally expected that the operator must be able to
demonstrate:
Broad compliance with prevailing legal principles in their instruments which
underpin the operating rights;
30
A general observance of statutory and regulatory controls in the harvesting
operation itself; and
A more general conformity to the legal standards governing all business
operations in Papua New Guinea.
8.0 Recommendations
The following are offered as recommendations based on past experiences, the analysis
presented above and possible loopholes in the forestry policies that can have negative
effect on taun:
More scientific research be conducted on taun to address the following
important areas:
o the impact of exploitation on taun population. This includes a detail
comparative study on large scale and low impact logging such as
portable sawmill, to validate the effects on taun and other timber
species.
o distribution and abundance and stand density studies.
o regeneration capacity in log-over areas and growth rates.
o silviculture treatment in natural forest.
o phenology studies, seed dispersal and germination.
o taxonomic revision of taun.
o genetic resource pool studies.
o create time series model to predict population trends base on volume
and other physical and biological parameters.
There is downward trend in taun volume indicating decline in population
densities. Thus, there is urgent need to strengthen existing laws to control and
regulate this high quality timber.
31
For every concession area that is under negotiation, a proper and more reliable
forest inventory data should accompany each Forest Working Plan and
Environmental Plan.
Proper and more frequent monitoring of logging operations by genuine
government foresters. There have been instances where foresters employed by
logging companies produce and make false declarations on shipping
documents. Documents that lump group 1 timber species with low quality
timbers thus increasing the risk of transfer pricing.
Forest resource data, at least in Papua New Guinea, is lacking or outdated.
There is urgent need to clearly define local distribution, density and volume
and population viability in natural forest for individual timber species.
According to the Forestry Act 1991, as amended in 1993, 1996, 2000, and
2005 the PNGFA should promote scientific studies and research into forest
resources towards maintaining ecological balance consistent with the national
development objectives. The PNG Forest Research Institute, the research arm
of PNGFA is poorly funded and has not been able to address this situation
adequately. Other institutions that can assist in research include the University
of Papua New Guinea, University of Technology and Research based NGOs
such as WCS, WWF, and TNC.
Identify a central repository for all information relating to forest resources,
research information and their harvest. This information should be accessed
freely by the general public or any interested parties.
Better networking between stakeholders to facilitate information sharing.
32
9.0 References
Damas, K. 1993. Variation within Pometia (SAPINDACEAE) species in Papua New
Guinea. Proceedings of the Biological Society Society. Wau Ecology
Institute.
Eddowes, P. J. 1977. Commercial Timbers of Papua New Guinea. Forest Products
Research Centre, Department of Primary Industry, Government of Papua
New Guinea.
Forest Industry Association. Log statistics. www.fiapng.com.
Forest Trends, 2006. Logging, Legality, and livelihoods in Papua New Guinea:
synthesis of official assessments of large scale logging industry, Vol. 1.
www.forest-trends.org
. 76 p.
Hammermaster, F. T. and J. C. Saunders; (1995). Forest Resources and Vegetation
Mapping of Papua New Guinea. PNGRIS publication No. 4, CSIRO,
Australia
Havel, J. J. 1975. Training manual for Forestry College, Vol. 3 Forest botany, Part 2,
botanical taxonomy. Papua New Guinea Department of Forests.
Jacobs, M. (1962). Pometia (Sapindaceae), A Study in Variability. Reinwardtia
vol. 6(2): 109 – 144.
Piskaut, P. (2004). A preliminary vegetation and plant survey of the proposed
Managalas Plateau Conservation Area. Report submitted to Partners with
Melanesia (PwM), Port Moresby.
Piskaut, P. (2005). Vegetation and plant survey of the proposed managalas plateau
conservation area: Phase II report. Report submitted to Partners with
Melanesia (PwM), Port Moresby.
33
SGS, (2002-2005). Log export monitoring reports. Papua New Guinea Forest
Authority. Department of Forest, Government of Papua New Guinea.
Thomson, L.A.J and Thaman, R.R. (2006). Pometia pinnata. Species profile for
Pacific Island Agroforestry. www.traditionaltree.org.
White, K.J. (19760. Lowland rainforest regeneration in Papua New Guinea with
reference to the Vanimo sub province. Tropical Forestry Research Note
SR32. Papua New Guinea Department of Forest.
Yelu, W. (2001). Effect of Tending on the growth of Pometia pinnata in Papua New
Guinea. Pacific Islands Forest & Trees Magagine ( March edition).
34
Appendix I
The “Thirty Four Steps” is a step by step procedures of acquiring forest land for
development purposes.
1
Landowner awareness campaign
2
Timber rights acquired through a Forest Management Agreement
3
Consent of customary landowners obtained
4
Certification of landowners consent and authenticity of their tenure
5
Ministerial approval
6
Development Options Study
7
Study provided to the Minister and local Forest Management Committee
8
Draft project guidelines prepared
9
Project guidelines approved
10
Project advertised
11
Project proposals lodged
12
Proposals referred to Provincial Committees for evaluation
13
Evaluation of project proposals
14
Invitation to provide further information
15
Detailed report to the National Board
16
Board consider the report and consults the Minister
17
Minister provides comments to the Board
18
Negotiation parameters set by Board and Provincial Committee
19
Board directs further negotiations
20
Project Agreement negotiated
21
Board considers the final draft Project Agreement
22
Agreement returned for further negotiations as necessary
23
Board consults with other stakeholders
24
Board obtains approval of the Minister for Finance
25
Project Agreement executed
26
Board recommends to the Minister to grant a timber permit
27
If Minister accepts the recommendation he/she invites the proponent to apply for a timber
permit or
28
Refers the recommendation back to the Board if not accepted
29
Board considers the Ministers referral and makes a final recommendation
30
If the Minister accepts the recommendation he invites the proponent to apply for a timber
permit
31
The Minister for Forest then grants a timber permit
32
If the Minister does not accept the recommendation it is referred to the National Executive
Council
33
NEC can accept or reject the project proposals and give directions. If the Minister is directed
to accept the recommendation he must invite the proponent to apply for a timber permit
34
If NEC rejects the proposal it is renegotiated or readvertised
35
Appendix II
Flowering, fruiting habits and other features of Pometia pinnata
Plate 1: Flower habit of Pometia
pinnata forma glabra. Photo: D.
Kipiro, PNG FRI.
Plate 2: Fruiting habit of P.pinnata
forma glabra. Fruit bearing form,
inner flesh is thicker and is edible.
Photo: D. Kipiro.
Plate 3. Fruiting habit of P. pinnata
forma pinnata. Fruits inedible . Photo:
D. Kipiro
Plate 4. Dried fruits of P.pinnata forma
glabra. Photo: D. Kipiro.
36
Plate 5. P. pinnata f. tomentosa. Lower
surface of leaflets and flower habit.
Picture courtesy: B. Conn and D.
Kipiro
Plate 6. P. pinnata f. tomentosa. Upper
surface of leaflets and habit. Picture
courtesy: B. Conn and D. Kipiro
Plate 7. Fruit habit of P.pinnata f.
tomentosa. Puture courtesy: B. Conn
and D. Kipiro.
Plate 8. P. pinnata f. tomentosa. Bark
Picture courtesy: B. Conn and D.
Kipiro
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