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Forestry (Amendment No. 2) Act 1996

PAPUA NEW GUINEA


Forestry (Amendment No.2) Act 1996.


No. 27 of 1996
Certified on: 11 Oct 96


ARRANGEMENT OF SECTIONS.

1. National Interest,
2. Interpretation (Amendment of Section 2).

"Chairman of the Provincial Forestry Management Committee"

3. Repeal and replacement of Section 10.

"10. MEMBERSHIP OF THE BOARD."

4. Repeal and replacement of Section 11.

"11. ALTERNATE MEMBERS."

5. Repeal and replacement of Section 12.

"12. CHAIRMAN AND DEPUTY CHAIRMAN."

6. Vacation of office (Amendment of Section 14).
7. Calling of meetings (Amendment of Section 16).
8. Meetings of the Board (Amendment of Section 17).
9. New Section 139A.

"139A. TRANSFER OF LAND TO THE AUTHORITY."

10. Further Amendments.
11. Repeal.
SCHEDULE.


AN ACT

entitled

Forestry (Amendment No.2) Act 1996,

Being an Act to amend the Forestry Act 1991 and to repeal the Forestry (Amendment) Act 1996,

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

  1. NATIONAL INTEREST.

For the purposes of Section 41(2) of the Organic Law on Provincial Governments and Local-level Governments it is hereby declared that this Act relates to a matter of national interest.

  1. INTERPRETATION (AMENDMENT OF SECTION 2).

Section 2 of the Principal Act is amended –

(a) by inserting after the definition of "Chairman" the following new definition: -
(b) by repealing the definition of "provincial Minister".
  1. REPEAL AND REPLACEMENT OF SECTION 10.

Section 10 of the Principal Act is repealed and is replaced with the following:-

"10. MEMBERSHIP OF THE BOARD.
(1) The Board shall consist of -
"(2) Membership under Subsection (1)(g) shall be rotated round the four regions of the country and the method of selection of the two persons on the list referred to in Subsection (1)(g) shall be as follows:-
"(3) For the purposes of Subsections (2) and (8), "regions of the country" means those regions known as and recognized respectively as Highlands, Islands, Mamose and Papua.
"(4) The -
"(5) Notification of appointments under Subsection (1) shall be given in the National Gazette.
"(6) Where a vacancy exists in respect of a member appointed under Subsection (1)(e), (f) or (g), the appropriate procedure as required under the relevant Paragraph should be invoked for the purpose of enabling the Minister to make an appropriate submission to the National Executive Council for an appointment.
"(7) Where, in a case to which Subsection (6) applies, the Minister has not, within a period of three months of the date on which the vacancy occurred, been furnished names to enable him to make a submission to the National Executive Council for an appointment, the Minister may submit to the National Executive Council a list of two persons whom he considers suitable and appropriate to represent the Provincial Governments, non governmental organizations or forest resource owners, as the case may be, and the National Executive Council shall make an appointment from the list.
"(8) In the case of a vacancy in respect of a member appointed under Subsection (1)(g), an appointment effected by Subsection (6) or (7) shall be -
  1. REPEAL AND REPLACEMENT OF SECTION 11.

Section 11 of the Principal Act is repealed and is replaced with the following:-

"11. ALTERNATE MEMBERS.
(1) For each of the members appointed under Section 10(1)(e), (f) and (g), an alternate member shall be appointed in the same manner and subject to the same conditions and, in the case of a member under Section 10(1)(g) shall be from the same region, as the member for whom he is the alternate.
"(2) In the event of the inability to act of a member, the alternate member has and may exercise all his powers, functions, duties and responsibilities and this Act applies accordingly.".
  1. REPEAL AND REPLACEMENT OF SECTION 12.

Section 12 of the Principal Act is repealed and is replaced with the following:-

"12. CHAIRMAN AND DEPUTY CHAIRMAN.
The members of the Board shall elect -
  1. VACATION OF OFFICE (AMENDMENT OF SECTION 14).

Section 14 of the Principal Act is amended -

(a) by repealing Subsection (1) and replacing it with the following:-
(b) by repealing Subsection (3).
  1. CALLING OF MEETINGS (AMENDMENT OF SECTION 16).

Section 16(5) of the Principal Act is amended by repealing the words "Director-General" and replacing them with the following:-

"Chairman"
  1. MEETINGS OF THE BOARD (AMENDMENT OF SECTION 17).

Section 17(1)(a) of the Principal Act is amended by repealing the word "four" and replacing it with the following:-

"six".
  1. NEW SECTION 139A.

The Principal Act is amended by inserting after Section 139 the following new section:-

"139A. TRANSFER OF LAND TO THE AUTHORITY
(1) All land in Papua New Guinea in the name of the State held under a Certificate of Occupancy or set aside for use by the Department of Forests or the Forest Industries Council immediately before the coming into operation of this Act is, on and from the coming into operation of this Act deemed to have been transferred to and to have become the property of the Authority.
"(2) Where land referred to in Subsection (1) is land registered under the Land Registration Act (Chapter 191), the Registrar of Titles shall, without formal transfer and without fee, on application in that behalf by the Authority, enter or register the Authority in the Registrar kept under that Act and, on entry and registration, grant a certificate of title, lease or other instrument evidencing title to the land within that Act.".
  1. FURTHER AMENDMENTS.

The Principal Act is further amended in accordance with the Schedule.

  1. REPEAL.

The Forestry (Amendment) Act 1996 is repealed.

SCHEDULE

Sec. 9.

Provision
Amendment
Section 30(1)(b)
Repeal the words "provincial Minister responsible for forestry matters" and replace with the following:-

"Chairman of the Provincial Forestry Committee";
Sections 30(1)(e); 31(2); 50(1) and (3); 51(a); 87(1); 89(4) and (5); 90; 122(2)(d) and (h); 126(2)
In each case repeal the words "provincial Minister" and replace with the following:-

"Chairman of the Provincial Forestry Committee".

I hereby certify that the above is a fair print of the Forestry (Amendment No.2) Act 1996 which has been made by the National Parliament.

Clerk of the National Parliament.

I hereby certify that the Forestry (Amendment No.2) Act 1996 was made by the National Parliament on 8 October 1996.

Speaker of the National Parliament.


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