Regulation 21—Procedure for submission and selection of offers for small scale timber rights
(1) Where the Evaluation Committee considers that it is appropriate to grant small scale timber rights in an identified area, the Evaluation Committee shall cause to be published,
(a) on the website of the Commission, and
(b) in at least two daily newspapers with national circulation, an advertisement inviting applicants to apply for the grant of small scale timber rights in respect of areas specified in the advertisement.
(2) For each area proposed for grant of small scale timber rights, the Chief Executive shall, on the basis of the timber inventory and other relevant information, specify
(a) a timber harvest schedule for the area;
(b) the amount of Performance Bond to be posted by the person to whom small scale timber rights to the area may be granted;
(c) the amount of timber rights fee due for the grant of a small scale timber right;
(d) any management requirements and restrictions specific to the contract;
(e) the time and place at which the offers will be opened; and
(f) any other information relevant to the grant and exercise of the small scale timber rights.
(3) An applicant who qualifies for the grant of a small scale timber right may submit an offer for a small scale timber right, but the addition of that area to the total area under timber rights held by that applicant shall not exceed the upper limit for the scale of operations of that applicant as provided for under section 6A of the Act.
(4) An applicant who wishes to submit an offer for small scale timber rights for an area, shall purchase an application form specified in the First Schedule to prove the qualification of the applicant.
(5) The form referred to in subregulation (4) shall provide instructions necessary for submitting an offer.
(6) An applicant shall pay a non-refundable fee to be determined by the Commission.
(7) Each applicant shall deliver the offer of that applicant in a sealed envelope at the time and place and in accordance with instructions set out in the application forms.
(8) The cover of the envelope shall be clearly marked "OFFER".
(9) The Evaluation Committee shall convene at the time and place specified in the advertisement and the secretary to the Evaluation Committee shall record each application received by the Committee.
(10) The Evaluation Committee shall not accept any application that is not received within the period specified in the advertisement and shall return the application unopened to the applicant.
(11) The chairperson of the Evaluation Committee shall open the application in the presence of
(a) the other members of the Evaluation Committee;
(b) the applicant or the authorised representative of the applicant; and
(c) any member of the public who wishes to attend.
(12) The small scale timber rights shall be awarded to the qualified applicant with the highest offer in terms of the selection criteria in paragraphs (a), (b) and (c) of subregulation (1) of regulation 20.
(13) Where there are two or more equal highest offers, the award shall be decided by drawing lots among the highest offers.
(14) The secretary of the Evaluation Committee shall prepare minutes of the proceedings that shall include
(a) a summary of the applications received, indicating the name of each applicant;
(b) the proposal for social responsibility agreements; and
(c) the recommendation of the highest offer to the Commission for the grant of small scale timber rights.
(15) The Minister may, on the basis of the recommendation made by the Commission, issue a Notice of Grant of small scale timber right.
(16) The Notice of Grant shall specify activities to be completed by the winner to the satisfaction of the Chief Executive before the right is granted.
(17) The activities referred to in subregulation (16) include
(a) the posting of a Performance Bond as provided for under subregulation (2)(b) of this regulation;
(b) the conclusion of a Social Responsibility Agreement with local communities;
(c) the completion of the planning activities specified in the relevant Manual of Procedures; and
(d) the payment of the one-off timber rights fee of the contract
(18) The successful applicant shall give an undertaking to assist communities and inhabitants of the timber utilisation areas with amenities, services or benefits, and the cost of the agreed amenities, services, or benefits proposed by the applicant shall be five percent of the value of stumpage fee from the timber that is harvested.
(19) Where a successful applicant fails to comply with the requirements provided under these Regulations within a time specified in the Notice of Grant of small scale timber right, the Minister shall nullify the grant and the area may at the discretion of the Minister be re-advertised or withdrawn from offer.
Subject : Timber Resources Management And Legality