| (1) |
Any person, organ of State or organisation may, if not a party to an agreement under sections 26, 27, 28 or 30 of the Act apply to the Minister for a licence to— |
| (a) |
fell trees and remove timber from a State forest; and |
| (b) |
cut and remove any other forest produce from a State forest. |
| (2) |
The Minister may direct that— |
| (a) |
all timber or other forest produce that has been needlessly wasted in the felling, cutting or removal thereof must be valued; and |
| (b) |
the value contemplated in subparagraph (a) must be included in the price of the tree or other forest produce. |
| (3) |
The Minister may direct any official in the Department to place a mark, electronic chip or any other form of identification on any standing tree or other forest produce already sold or being put up for sale. |
| (4) |
No person may remove, destroy, deface or otherwise interfere with the mark, electronic chip or other identification referred to in subregulation (3), unless they have the consent of a forest officer. |
| (5) |
Except for persons who are— |
| (b) |
exempted under section 7(1)(b)(ii) or 24(6) of the Act; or |
| (c) |
parties to an agreement contemplated in sections 26,27,28 or 30 of the Act, |
no person may remove any tree or other forest produce from a State Forest, unless—
| (i) |
it has been marked or otherwise identified by the Minister; |
| (ii) |
the removal thereof has been authorised by a forest officer where the tree or other forest produce can for any reason not be marked or identified; or |
| (iii) |
the contract of sale for the tree or other forest produce stipulates otherwise. |
| (6) |
Any trees or other forest produce that must be marked or identified under this regulation, must be stacked, or presented in such a manner that the trees or forest produce is easily and safely accessible to the forest officer. |
| (7) |
Where the trees or other forest produce is not stacked as set out in subregulation (6), the forest officer may- |
| (a) |
refuse to mark or identify it; and |
| (b) |
stop its removal until it has been properly stacked and marked or identified. |
Public Service Commission Act, 1997
