Prime Minister's Order determining the Organ Issuing a State Forest Harvesting License and Modalities for its Issuance


Rwanda

Prime Minister's Order determining the Organ Issuing a State Forest Harvesting License and Modalities for its Issuance

Prime Ministers Order 115 of 2015

The Prime Minister;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 118, 119, 121 and 201;Pursuant to Law n° 47bis/2013 of 28/06/2013 determining the management and utilization of forests in Rwanda, especially in Article 53;Upon proposal by the Minister of Natural Resources;After consideration and approval by the Cabinet, in its session of 13/02/2015;HEREBY ORDERS:

Chapter One
General provision

Article One – Purpose of this Order

This Order determines the organ that issues a State forest harvesting license and modalities for its issuance.

Article 2 – Organ that issues the license

The Authority in charge of forests management shall be the organ in charge of issuing the State forest harvesting license.

Chapter II
Granting of a license

Article 3 – Modality for the issuance of the license

A State forest harvesting license shall be issued through an open competition organized by the Authority in charge of forest management.

Article 4 – Instructions of open competition

The Director General of the Authority in charge of forest management shall issue instructions governing open competition of harvesting a State forest or one or more trees belonging to the State.Without prejudice to Article 3 of this Order, a State forest harvesting license may be issued without public competition only to a public institution in case of public interest.

Article 5 – License format

The Authority in charge of forest management shall determine the format and the content of a State forest harvesting license.

Article 6 – Contract for harvesting a state forest

If necessary, the Authority in charge of forests concludes a contract with the successful bidder who is awarded the tender of harvesting a state forest.

Article 7 – Contents of the contract

A State forest harvesting contract shall specify at least the following:forest identification;validity of license;tools to be used during the tree harvesting;harvesting procedures;quantity of trees to be harvested and the surface area of the forest;responsibilities of parties to the contract;safety measures to safeguard the area where the harvesting is conducted and liabilities accrued from damages that may be caused by the harvest;post harvesting activities.

Article 8 – Payment for the harvesting license

A person who is awarded to have tender for harvesting the whole state forest, its part or some trees, must pay the total amount agreed upon before being granted the license.

Article 9 – Harvesting a State forest without a management plan

Any State forest at the harvesting period but without a management plan shall be harvested on the basis of a report of forest professionals from the Authority in charge of forests.Such report must specify the following:forest identification;reasons for the harvesting;forest status, the dominant trees, its surface and period of plantation;estimated value of the production;post harvesting activities.

Chapter III
Transitional and final provisions

Article 10 – A license issued before the commencement of this Order

A license issued before the coming into force of this Order shall remain valid until the expiration of its period of validity.Pending applications at the time of coming into force of this Order shall be considered in accordance with the provisions of this Order.

Article 11 – Authorities responsible for implementation of this Order

The Minister in charge of Natural Resources is entrusted with the implementation of this Order.

Article 12 – Repealing provision

All prior provisions contrary to this Order are hereby repealed.

Article 13 – Commencement

This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

06 July 2015 this version
25 June 2015
Assented to