Forestry Regulations

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2. Approval to negotiate
3. Declaration of indigenous groups
4. Certificate that notice has been given
5. Management Committee
6. Timber rights agreement
7. Certificate
8. Certificate of approval
9. Application for timber permit
10. Timber permit
11. Forestry lease
12. Minimum royalty rates

13. Application for timber licence
14. Timber licence
15. Notice of non-compliance
16. Notice of suspension of licence
17. Notice to show cause
18. Notice of suspension of licence to prevent worsening of dispute between custom owners of land
19. Notice of cancellation of licence
20. Application for special licence
21. Special licence

22. Application for land to be declared to be a Conservation Area
23. Declaration of Conservation Area
24. Cancellation of Conservation Area
25. Protected species

26. Export of timber and forest products requires permit
27. Application for export permit
28. Export permit

29. Certificate of service of notices
30. Application for copy of licence
31. Fees
32. Bonds

SCHEDULE 1
Form 1 − Application for Approval to Negotiate
Form 2 − Approval to Negotiate
Form 3 − Declaration of Indigenous Groups
Form 4 − Certificate that Notice has been given of a Declaration of Indigenous Groups having the rights to sell timber
Form 5 − Timber Rights Agreement
Form 6 − Certificate that Timber Rights Agreement was interpreted to Indigenous Groups
Form 7 − Certificate of Approval
Form 8 − Application for Timber Permit
Form 9 − Timber Permit
Form 10 − Forestry Lease
Form 11 − Application for Timber Licence
Form 12 − Timber Licence
Form 13 − Notice of Non-Compliance with Legislation or Licence Conditions
Form 14 − Notice of Suspension of Licence
Form 15 − Notice to Show Cause why Licence should not be cancelled
Form 16 − Notice of Suspension of Licence to Prevent Worsening of Dispute between Custom Owners of Land
Form 17 − Notice of Cancellation Of Licence
Form 18 − Application for a Special Licence
Form 19 − Special Licence
Form 20 − Application for Land to be Declared a Conservation Area
Form 21 − Declaration of Conservation Area
Form 22 − Cancellation of a Declaration of a Conservation Area
Form 23 − Application for Timber or Other Forest Products Export Permit
Form 24 − Timber and Other Forest Products Export Permit
Form 25 − Certificate of Service of Notice
Form 26 − Application for Copy of Licence
SCHEDULE 2 − Equivalent Instrument to Banker’s Guarantee
SCHEDULE 3 − Amount of Bond Required for Timber Licence
SCHEDULE 4 − Amount of Bond Required for a Sandalwood Licence
SCHEDULE 5 − Amount of Bond Required for Special Licence
SCHEDULE 6 − Minimum Royalty Rates

To prescribe certain forms, fees, bonds and other matters under the Forestry Act [Cap. 276].

An application for approval to negotiate for the acquisition of timber rights under section 18(1) of the Act must be in Form 1 of Schedule 1.

An approval of an application to negotiate under section 19(5)(a) of the Act must be in Form 2 of Schedule 1.

A declaration by a Forest Investigation Officer of indigenous groups entitled to sell timber rights under section 20(4)(b) of the Act must be in Form 3 of Schedule 1.

A certificate as to the date upon which notice of a declaration of indigenous groups has been given under section 22(d) of the Act must be in Form 4 of Schedule 1.

The powers and duties of a Management Committee under section 25(3) of the Act, the manner of its appointment, and the performance of its functions are as set out in Schedule 9.

A certificate by a Forestry Officer under section 26(1)(d) of the Act must be in Form 6 of Schedule 1.

A certificate by the Director that a timber rights agreement is approved under section 27(3) of the Act must be in Form 7 of Schedule 1.

An application for a timber permit under section 29(2) of the Act may be in Form 8 of Schedule 1.

A timber permit under section 29(3)(a) of the Act may be in Form 9 of Schedule 1.

A forestry lease granted under section 30(2) of the Act must be in Form 10 of Schedule 1.

The minimum rates of royalty payable to custom landowners under a timber rights agreement under section 28 of the Act for various species of trees are shown in Schedule 6.

An application for a timber licence under section 44(1) of the Act must be in Form 11 of Schedule 1.

A timber licence granted under section 44(4) of the Act must be in Form 12 of Schedule 1.

A notice of non-compliance of with legislation or licence conditions under subsections (1) and (2) of section 37 of the Act may be in the form of Form 13 of Schedule 1.

A notice suspending a licence under subsections (1) and (3)(a) of section 37 of the Act may be in the form of Form 14 of Schedule 1.

A notice calling on a licensee to show cause why the licence should not be cancelled under section 37(3)(b) of the Act must be in Form 15 of Schedule 1.

18. Notice of suspension of licence to prevent worsening of dispute between custom owners of land

A notice suspending a licence to prevent worsening of dispute between custom owners of land under section 37(4) of the Act may be in the form of Form 16 of Schedule 1.

A notice of cancellation of a licence under subsections (6) or (7) of section 37 of the Act may be in the form of Form 17 of Schedule 1.

An application for a special licence granted under section 48(1) of the Act may be in Form 18 of Schedule 1.

A special licence granted under section 48(3)(a) of the Act must be in Form 19 of Schedule 1.

An application for land to be declared a Conservation Area under section 50(1) of the Act may be in Form 20 of Schedule 1.

A declaration of a forest as a Conservation Area under section 50(3) of the Act must be in Form 21 of Schedule 1.

The notice of cancellation of a declaration of a Conservation Area under section 52(1) of the Act may be in Form 22 of Schedule 1.

The species listed in Schedule 7 are protected species under section 53(1) of the Act.

A person must not export any timber or any other forest product (other than sandalwood or a log or flitch) without an export permit granted by the Director.

An application for an export permit must be made in Form 23 of Schedule 1 and must be accompanied by the prescribed fee.

Note: The export of logs and flitches is governed by subsections (1), (2), (3) and (4) of section 61 of the Act and the export of sandalwood is governed by clause 15 of the Forestry (Management and control of Sandalwood Trade and Exports) Order No. 3 of 1997.

(2) An export permit granted by the Director under subclause (1) must be in Form 24 of Schedule 1.

A certificate of service of a notice under section 64(2) of the Act must be in Form 25 of Schedule 1.

An application for a copy of a licence under section 68(3) of the Act must be in Form 26 of Schedule 1.

(1) The prescribed fees for the matters set out in column 1 of Schedule 8 are the amounts corresponding to those matters set out in column 2 of that Schedule.

(2) A fee set out in Schedule 8 must be paid in advance of the matter to which the fee relates.

(1) The prescribed form for an equivalent instrument to a bank guarantee under section 41(3) of the Act is set out in Schedule 2.

(2) The amount for a bond for a timber licence imposed under section 41(4) of the Act is as set out in Schedule 3.

(3) The amount for a bond for a sandalwood licence imposed under section 41(4) of the Act is as set out in Schedule 4.

(4) The amount for a bond for a special licence imposed under section 41(4) of the Act is as set out in Schedule 5.

The applicant is required to fill in all the relevant particulars in this form, truthfully and to the best of their knowledge and ability. The application will be considered by the Forests Board, which may require the production of further documents and information by the applicant.

The relevant application fee set out in the Forestry Regulations must be paid at the time of application.

Please answer the following questions. Take note that it is an offence to give false or misleading information.

If extra space is required, please answer on a separate page using the number of each question (eg 1 (f) Assets).

I, ................................................................................. apply for
(applicants full name)

approval to negotiate for the acquisition of timber rights in customary land known as

............................................................................................................................................
(include land name(s) if known)

on the island(s) of................................................................................................................. ,

the boundaries of which are clearly marked in red stripes (////) on the [official 1 : 50,000 scale topographical] map attached to this application (which must be of a standard satisfactory to the Director), and which is referred to in the remainder of this application as “the proposed project area”.

(I) in my personal capacity ☐
(II) on behalf of −
(i) a partnership ☐
(ii) a private company ☐
(iii) a public company ☐

(Direction: If (I), (II) (i) or (II) (ii), fill in the details below for yourself and all other partners or shareholders)

Full name: ........................................ .............................................

Postal Address: ................................. .............................................

Residential address: ........................... .............................................

Phone no.: ....................................... .............................................

Fax No.: .......................................... .............................................

Nationality: ....................................... .............................................

Passport no. (for non-ni-Vanuatu): ......... .............................................

Other occupations: .............................. .............................................

....................................................... .............................................

...................................................... .............................................

(I) assets? ................................. .............................................

(II) liabilities? .............................. .............................................

............................................................ ..........................................

(h) (If you are a public company (and ticked the box in (a) (II) (ii)), please fill in the

Name of company: ...........................................................................

Country of incorporation: ...................................................................

Stock exchange listing (if any): ............................................................

.................................................................................................

Business phone no.: ..................... Fax no. .................................

Internet Web-site: ................................. E-mail: ..........................................

(If so, state the proportion of the company’s voting rights held by ni-Vanuatu) .........(%)

...................................................................................................

(I) in Vanuatu: ...........................................................................

(II) elsewhere: ............................................................................

In Vanuatu, what are the company’s present assets? ....................................

(I) the company’s expertise in forestry: ..............................................

years): .................................................................................

If yes, have you received Vanuatu Investment Promotion Authority approval for this project? (Give details of any approval including date and number or preferably attach Vanuatu Investment Promotion Authority proposal and approval papers) .....................................................................................................

If not yet approved by the Vanuatu Investment Promotion Authority please give details of any application made (Date, title etc)

......................................................................................................

(b) What studies have you conducted of the proposed project area? (list titles and attach copies if available).
......................................................................................................

(i) main land forms: .................................................................................

(ii) topography: .......................................................................................

(iii) soil types: ...........................................................................................

(iv) forest resource types: .........................................................................

(v) population and their distribution: ...............................................................

(vi) present infrastructure and services: .........................................................
(d) List the sources you have relied on in answering (c) above (e.g. National Census).

.................................................................................

(If extra space is required, please answer on a separate page using the number of each question (eg 3 (g) Plant and Vehicles).

(a) What are the kinds and levels of forestry operations suitable for the proposed project area, under the Forestry Sector Plan? ....................................................

................................................................................................

(b) What kinds and levels of forestry operations under (a) above do you propose to conduct?

................................................................................................

(d) Are the present infrastructure and services adequate for the efficient and effective conduct of the forestry operations stated at (b)? (Make comments, as necessary)

...................................................................................................

(g) What plant, vehicles and equipment do you propose to use? (Give full details, showing in each case whether you own, lease or hire the item, or specify some other arrangement)

(h) Describe (or attach), as fully as you can, the management plan you will follow under the proposed project:

...................................................................................................

(i) What is the timing of the proposed project? (Show or attach, on a yearly basis, the sequence of operations during the entire life of the proposed project).

...................................................................................................

(j) What employment would be involved in carrying out the proposed project? (Indicate the likely number of employees and other personnel (e.g. contractors) who would be operating in the proposed project area at each stage of the sequence of operations under (i) above, their jobs, and whether they would be ni-Vanuatu or expatriate).

...................................................................................................

(l) Will agents or sub-contractors be involved? (If yes, give names, and details of how, and at what stage of the sequence of operations under (i) above)

...................................................................................................

(m) Is any other Government approval required before a part of the proposed project can proceed? (If yes, give details, including steps being taken to secure the approval)

(n) Do you propose to carry out any subsidiary projects, in association with the proposed project: (e.g. agroforestry or other replanting. If yes, give details)

...................................................................................................

(o) List below (or attach) species and amounts to be cut and the proposed royalty rates and units (e.g. Vatu per cubic metre in log form):

Species name or group	Amount of Timber requested (eg volume in m³ or tonnes)	Grade or product (if applicable e.g. sawlog or veneer)	Royalty rate to be paid to owners and unit (e.g. Vt per m³ gross round log)
All species OR
All softwood species (conifers incl Kauri) OR
All hardwood species (most other trees) OR
Selected species (list individually below)	Are there any additional species? Yes ☐ No ☐ (if yes, write on an attached sheet)







Total amount requested (sum of amounts requested under column 2)
Total value of the operation (Volumes requested x Royalty to be paid)			VT

(p) Proposed date of commencement of operations: ........./........./...............
Day Month Year

(q) Proposed date of completion: ........./........./...............
Day Month Year

(r) Proposed location of sawmill or other processing plant: ........................

(a) Attach, as part of this application, a statement in conventional form prepared by an accountant or other suitably qualified person, showing the cash flow and financial analysis of the proposed project, the breakdown of expected revenue and expenditure, and the sources of all finance required.

(b) Give the name of the accountant who prepared the statement, state their professional qualifications, and ensure they sign and date the statement.

...................................................................................................

(b) Describe any processing of the products under (a), which you intend to carry out?

...................................................................................................

(d) Do you have buyers already secured? Yes ☐ No ☐ (If yes, give name and country)

...................................................................................................

(e) Have you done any market analysis or research on the products? Yes No (If yes, provide details of the main conclusions of this work):

...................................................................................................

(a) What natural qualities of the proposed project area (land forms, watersheds, wildlife habitats, etc) do you regard as requiring protection from interference under the proposed project, and how would you see that protection as being provided?

...................................................................................................

(b) What measures would you regard as necessary to safeguard the lifestyle of ni-Vanuatu living in, or in the vicinity of, the proposed project area?

...................................................................................................

Describe any preliminary work (ground surveys, roadline surveys, etc) you would wish to undertake before the execution of a timber rights agreement over the proposed project area:

...................................................................................................

(a) For the purposes of the Forests Board’s consideration of this application, the applicant shall be represented by:

(b) Unless notified otherwise by the applicant to the Director of Forests beforehand, for the purposes of negotiations for a timber rights agreement under the Forestry Act, the applicant is to be represented by (state for each such person):

Phone no.: ..................... Fax: ..................... E-mail: ........................

Date: ............ / ......... / .................................
Day / Month / Year

1. The Forests Board has approved your application to negotiate for the acquisition of timber rights in the customary land known as: (include land name(s) if known)

...................................................................................................

the boundaries of which are clearly marked in red stripes (////) on the [official 1 : 50,000 scale topographical] map attached to this Approval and certified by me for the purposes of section 63 of the Forestry Act.

2. This approval is subject to the following conditions imposed by the Forests Board under section 19(4) of the Forestry Act: (cross out words that are not applicable)

(a) The Board requires you to initiate your negotiations with indigenous groups to acquire timber rights within [1], [2], [6], [.........] months of the grant of this Approval.

(b) You must complete those negotiations within [2], [6], [12], [.........] months (12 months is the normal maximum period allowed) of the grant of this Approval.

(c) The Board requires you to obtain licences, permits or other forms of approval under this or any law within [6], [12], [.........] months. (12 months is the normal maximum period allowed) of the grant of this Approval.

(d) If you do not initiate or complete the negotiations or obtain licences, permits or other forms of approval within the time required by this Approval, you must write to the Board to explain the reasons for the delays and the Board is then to make a decision as to whether your Approval to Negotiate is to continue. The Board’s decision in this matter is final and not subject to any appeal.

(e) The Board requires that the final signing for a timber rights agreement be done in the following location, unless notified by the indigenous groups that this is not desirable,

☐ [a village nakamal within the area covered by the agreement]; OR
☐ [the local Forest Office located at ..............................]; OR
☐ [the Department of Forests Head Office]; OR
☐ [other place to be agreed and specified ..............................]; OR
☐ [at a place suitable to the Approved Negotiator].

..........................................................................................

Are there any additional conditions? Yes ☐ No ☐ (if yes, write on an attached sheet)

3. The procedures which must be followed by the approved negotiator in the conduct of negotiations may be given in guidelines issued by the Board from time to time to ensure that negotiations are conducted fairly for all parties.

Signed: .............................................. ....../....../20... .....................................
Chairman, Forests Board of Vanuatu Date Official stamp

Directions: The Director must forward a copy of this Approval to the local government council and island Council of Chiefs or area Council of Chiefs for the area concerned.

Notes for Approved Negotiator: The procedures which you must follow in the conduct of negotiations are:

(i) You must await the Forest Investigation Officer’s finalisation of his investigation report pursuant to section 20 of the Forestry Act.

(ii) Upon the finalisation of the Forest Investigation Officer’s report, the Forest Investigation Officer will declare under section 20(4)(b) of the Forestry Act the indigenous groups who are entitled to sell timber rights in the land the subject of the proposed negotiations.

(iii) You must then wait for the Director to complete all formalities prescribed under section 22 of the Forestry Act, and if there are any objections to the declarations, then you must await the resolution of those objections under section 23 of the Forestry Act

(iv) If there are no objections to the declaration, or if all objections application have been resolved under section 23 of the Forestry Act, then you may proceed to negotiate for timber rights agreement with the declared indigenous group pursuant to section 24 of the Forestry Act.

(v) Once the timber rights agreement is executed, then you must submit an original and a copy of the agreement to the Director under section 26(3) of the Forestry Act for further processing.

(vi) The Director then submits the timber rights agreement with other documents to the Forestry Board for its approval.

I, ............................................................... (name), being a Forest Investigation Officer duly authorized by the Director of Forests, having completed my investigations and consultations as required by section 20 of the Forestry Act, declare that, in respect of land known as: (include land name(s) if known)

............................................................................................................................................

on the island(s) of .............................................................................................................

the boundaries of which are clearly marked in red stripes (////) on the map attached to the Approval to Negotiate dated ................................., and also on a copy of that map attached to this Declaration, the following indigenous groups are, in my opinion, entitled to sell the timber rights relating to that land:

Name of person / group Name of land area (if part of above, mark on map if possible)

........................................................... ..............................................................

Are there any additional landowners? Yes ☐ No ☐ (If yes, attach another copy of this sheet)

Signed: ........................................ Position: ...................................

CERTIFICATE THAT NOTICE HAS BEEN GIVEN OF A DECLARATION OF INDIGENOUS GROUPS HAVING THE RIGHTS TO SELL TIMBER

I, .................................................................. (print name), Director of Forests, certify that notice of a Declaration of Indigenous Groups (copy attached) was given on the ............. day of .............................. 20........ . in accordance with section 22(b) of the Act.

Signed: .............................. ..................
Director of Forests Official stamp

Notes: The Director must forward a copy of the Declaration of Indigenous Groups to the local government council for the area concerned. A copy should also be sent to the island or area Council of Chiefs for the area concerned.

........................................................................... (print name of purchaser of timber rights),

of: .................................................................. (Company / organisation)

................................................................................... (Address)

referred to in the remainder of this Agreement as “the Approved Negotiator”, on the one part;

the customary land-owning groups identified under the Declaration of Indigenous Groups

Are there any additional landowners? Yes ☐ No ☐ (If yes, attach another copy of this sheet)

referred to in the remainder of this Agreement as “the Indigenous Groups”, on the other

A. The Indigenous Groups have been declared or determined under the Forestry Act to be entitled to sell timber rights in the land the subject of this Agreement; and

B. The Approved Negotiator, being the approved negotiator under the Forestry Act, has conducted negotiations with the Indigenous Groups for the acquisition of timber rights in the land the subject of this Agreement,

(Directions: The description must be adequate for the identification of the land, and a map satisfactory to the Director will be required. The Approved Negotiator may be required to mark the outside boundary of the land in some identifiable manner, and to identify those areas within that land which may have been, by agreement, excluded from forestry operations, such as sacred sites, burial grounds, etc)

The land covered by this Agreement is known as ................................................................
(include land name(s) if known)

.............................................................................................................................................

on the island(s) of .............................................................................................................

................................................................................................................................................

the boundaries of which are clearly marked in red stripes (////) on the [official 1 : 50,000 scale topographical] map attached to this agreement, and which is referred to in the remainder of this Agreement as “the subject land”.

(Directions: The period will usually be from 1 to 5 years with a maximum of 10 years. Include here any provision for renewal of the Agreement period – especially renegotiating of royalty rates and any other conditions. The holder of a Timber Rights Agreement may apply for a renewal of the agreement on or before it expires – e.g. at year 4 of a 5 year agreement to provide resource security.)

This Agreement takes effect beginning on the date of approval by the Forests Board of Vanuatu, and continues for a period of .................... years (usually 1 to 5 years, maximum 10), unless earlier terminated under Clause 18.

The Agreement may be renewed at year ...................., through a process of consultation with the Indigenous Groups.

(Directions: Describe the forestry operations to be conducted by the Approved Negotiator under the Agreement, provide or attach details of the proposed roading plan with maps and road standards, sequence of operations etc.)

The Approved Negotiator is to conduct the following forestry operations on the subject land covered by this Agreement (“the project”):

(Directions: The timber rights sold and acquired are to be set out here, and a method laid down for their identification. Note that under the Forestry Act, the term “timber rights” includes the right to remove gravel and other road-making material. Any exclusion or restriction of such a right should be specified here. Specify any timber rights excluded. Specifically refer to exclusions or restrictions relating to and of the following:
(a) particular species of trees; (Note that fruit and nut trees are usually EXCLUDED unless specifically allowed by the custom owners. Species listed as protected species under the Forestry Act remain excluded for commercial harvesting at all times.)
(b) seed trees, fruit trees, shade trees or other trees marked with a BLUE ring not being felled;
(c) any landowner reservations of the right to stop operations in wet weather to minimise erosion damage to roads and tracks, based on Code of Logging Practice standards, subject to consultation with officers of the Department of Forests to avoid unnecessary interruption of work;
(d) particular areas;
(e) flora or fauna reserves;
(f) protection of watercourses; (Code of Logging Practices standards apply as a minimum);
(g) meeting the wishes and needs of the Indigenous Groups;
(h) protection of any rights of way or other access rights under custom;
(i) protection of sacred sites.

Subject to this Agreement, the Indigenous Groups agree to sell, and the Approved Negotiator agrees to acquire, all the Indigenous Groups’ rights and other interests in the timber of the subject land, except as follows:

(Directions: Specify any things granted by the Indigenous Groups to the Approved Negotiator for the purposes of the project, and the terms and conditions of such grants, in particular the royalties or other payments to be made. These should include provision for access to road-making materials, timber for construction work, areas for the Approved Negotiator’s headquarters, log storage areas, wharfs, workshops, sawmills, etc)

For the purposes of this Agreement, the following provisions apply to the disposal by the Indigenous Groups to the Approved Negotiator of rights and interests in the things specified:

Approved		Items	Unit	Rate (Price)
Yes ☐	No ☐	Roadmaking materials	Vt/m³
Yes ☐	No ☐	Timber for construction work	Vt/m³
Yes ☐	No ☐	Land lease for annual rental a) Headquarters office	Vt/yr
Yes ☐	No ☐	b) log storage area	Vt/yr
Yes ☐	No ☐	c) sawmill / workshop	Vt/yr
Yes ☐	No ☐	d) other	Vt/yr
Yes ☐	No ☐	Other (describe)

(Directions: Specify the land rent to be paid (for areas not covered in 5 above), its method of calculation and method of payment. An annual fee for land rent is to be paid to Indigenous Groups for each area held under a utilisation operations agreement, whether or not logging takes place. The annual fee for land rent is to be negotiated between the Approved Negotiator and the Indigenous Groups and may be assisted by advice from the Forests Officer who has knowledge of the area or after inspection and with reference to other current rates. The fee is to be based on the area and the quantity and quality of the timber resources on the subject land)

The Approved Negotiator agrees to make payments, called “the land rent”, to the Indigenous Groups during the period of this Agreement in accordance with the following provisions:

Date Annual rent is to be paid: by the ............ day of .................. (month) each year

Method of payment:
☐ [(a) By Cheque made out to: ........................... (The Indigenous Group).]
☐ [(b) Into the Bank Account for the Indigenous Group at ..................Bank,

7. Boundary
(Directions: The external boundary of the subject land is to be clearly demarcated in the field and clearly marked on the map.)

The external boundary of the subject land is to be marked in the field and paid for in accordance with the following table.

The Approved Negotiator and the Indigenous Groups agree that the marking of the external boundary must involve the Indigenous Groups to ensure the boundary is marked according to custom boundaries.

(Directions: Place a tick in the box specifying who will do the work and pay for boundary marking ☑:)

(Directions: Specify all such services, giving full particulars of how and when they are to be provided, and the standards to be observed in their provision as agreed upon by both parties).

The Approved Negotiator agrees to provide the following services to the Indigenous Groups in accordance with the following provisions (tick appropriate box):

☐ All conditions below to apply; OR
☐ List the selected conditions below that apply (eg. “(e)” for coral roads)

(a) Whitewood and Milktree logs are to be removed for processing as soon as practicable after felling.

(b) Where sawmilling operations take place on the land sawdust and timber offcuts must be:
separated and stacked neatly ☐
made available to the indigenous groups at no charge ☐
safely burnt with adequate fire-breaks ☐

(c) The logged area must be replanted with trees of ........................... (species) at a stocking of................ trees per hectare (a spacing of .............m x ...........m).

(d) The company is to be responsible for all costs of initial establishment of the planting programme, care and maintenance of the plantations for the duration of the logging project as specified in the company’s project proposal.

(e) “All-weather roads” are to be surfaced with coral and logging tracks are to be located and constructed to specified standards as shown on the attached map.

(f) The Indigenous Groups reserve the right to require the improvement or repair of roads to allow continued access when logging operations are completed.
Additional Conditions:

Are there any more additional conditions? Yes ☐ No ☐ (if yes, write on an attached sheet)

(Directions: Specify the royalties to be paid, their method of calculation and the marking of forest produce, their method of payment, and the provision for their regular review.
Note that under the Forestry Act minimum royalty rates can be fixed.
Royalty payments are to be based on round log measurements in the bush with allowance for defect according to the rules set out in the Department of Forests Log Scaling Manual or other set of procedures agreed by the Approved Negotiator and the Indigenous Groups and approved by the Director).

The Approved Negotiator agrees to pay royalties to the Indigenous Groups for forest products extracted from the land under this Agreement in accordance with the following provisions:

(a) The Indigenous Groups agree to allow the applicant to cut trees of the following species:

(i) all [hardwood] [and / or] [softwood] species excluding protected species and fruit and nut trees unless the latter are specifically approved by the landowners below. (delete text in [square brackets] that is not applicable)

which, when measured at 1.30m above the ground, are above the diameters set out in the Vanuatu Silvicultural Prescriptions issued by the Director of Forests from time to time.
(b) The Indigenous Group agrees to sell, and the Approved Negotiator agrees to pay to the royalty at the following rates:

Species name or group	Maximum amount of Timber to be harvested (eg volume in m³ or tonnes)	Grade or product (if applicable e.g. sawlog or veneer)	Royalty rate to be paid to owners and unit (e.g. Vt per m³ gross round log)
All species OR
All softwood species (conifers incl Kauri) OR
All hardwood species (most other trees) OR
Selected species (list individually below)	Are there any additional species? Yes ☐ No ☐ (if yes, write on an attached sheet)







Total amount (sum of amounts under column 2)
Total value of the operation (Volumes requested x Royalty to be paid)			VT

(c) Royalties and volumes are to be calculated on the sound round log volume under bark in accordance with the Log Scaling Manual or the equivalent manual issued by the Director of Forests from time to time.

(d) The Approved Negotiator agrees to pay the royalty for every sound tree felled, on or before the last working day of the month following the month in which the tree was felled.

(i) directly to the indigenous group’s bank account ☐ OR
(ii) at the Approved Negotiator’s office ☐ OR
(iii) at the Indigenous Group’s residence ☐

(f) The Indigenous Groups agree that the responsibility for the division of payment of royalties within the Indigenous Groups rests with the Groups and may be given to the Management Committee, but in no case is it the responsibility of the Approved Negotiator.

(g) The Approved Negotiator and the Indigenous Groups agree that the royalty rates are to be reviewed after [1], or [2], [3], [4], [5] years (5 years maximum). (Directions: delete text in brackets[ ], whichever does NOT apply.)

(Directions: Outline the working plan for the period of the Agreement. Please attach any extra details and relevant maps)

The Approved Negotiator agrees to conduct forestry operations on the subject land under this Agreement in accordance with the following working plan (and any relevant maps attached to this Agreement) indicating areas to be harvested (coupes), sequence and dates of other operations (roads, bridges etc).

(Directions: Specify the post-logging land use management measures, including for land rehabilitation and protection, weed control, etc)

The Approved Negotiator agrees to undertake the following measures providing for the land use management of the subject land after logging operations in accordance with the following provisions:

(Directions: Specify the Indigenous Groups’ requirements under (a) and the Negotiators requirements under (b). Strike out if not applicable.).

The Approved Negotiator agrees to use its best endeavours to ensure that the customs of the Indigenous Groups are observed and respected, and in particular to ensure that:

(a) custom nasaras (meeting places or dancing grounds) and other such sacred sites (which should be indicated in the coupe harvesting plan) are undisturbed and, or, respected; and

...................................................................................................

................................................................................................

...................................................................................................

(a) to deal with the Approved Negotiator through the Management Committee and not to take up separate or individual claims upon the Approved Negotiator; and

(b) to permit and facilitate the planning and implementation of the project, and in particular to ensure that:

the external boundary of the subject land is marked accurately in the field; and

the excluded areas of customary significance are clearly marked in the field by the Indigenous Groups; and

.........................................................................................

The Approved Negotiator agrees that, consistent with reasonable commercial and safety requirements (e.g. where Licenced Operators are required under the Code of Logging Practice), preference will be given to the Indigenous Groups or their members in employment and business opportunities generated by the project set out in Clause 3, and in particular that:

(Directions: Specify procedures for consultation, mediation and arbitration, and any role to be played by the Management Committee appointed under the Forestry Act)

The Approved Negotiator and the Indigenous Groups agree that they will consult as and when necessary with a view to avoiding and resolving any disputes which may occur in the course of this Agreement, and in particular that:

(a) Any dispute arising is to be first referred to the Management Committee and the Approved Negotiator for amicable solving.

(b) The dispute is, however, to be referred to Field Forests Officer immediately if the Approved Negotiator and the Management Committee fail to resolve it.

(c) Any difference that is unable to be resolved above that relates to a land dispute within the area, is to be referred to appropriate the Customary Lands Tribunal for decision.

(d) Any difference that is unable to be resolved above relates to royalty rates or technical conditions of logging such as covered by the Code of Logging Practice, then the Forests Board or their nominated representative is empowered to make a decision. Before making this decision, the Board must become informed of the views representing the different parties and collect any evidence they consider necessary. The Board’s decision is final.

(b) apply for, and comply with the terms, conditions and restrictions of, a timber licence under the Forestry Act over the subject land; and

(c) gain and continue to hold all licences, permits and government approvals, as necessary, for the conduct of the forestry operations set out in clause 3.

(Directions: Specify all matters for which compensation or penalties are payable, the manner of their calculation and regular revision, and the method of their payment)

The Approved Negotiator agrees to pay compensation or penalties to the Indigenous Groups for any forestry operations or other activities not specifically authorized by this Agreement and by law in accordance with the following provisions:

The Approved Negotiator agrees to pay compensation or penalties to the Indigenous Groups for the following:
damage to existing roads;
(b) damage to fences (including wire, posts or gates);
(c) pasture space lost due to excessive logging debris;
(d) pollution or siltation to water for human or animal consumption;
(e) damage to food trees planted by the owner or occupier of the land;
(f) cost of labour and equipment employed to recover cattle escaped due to damage to fences or action of the Approved Negotiator;
other damage to the owner or occupier of land through deliberate action or negligence of the Approved Negotiator.

Conditions relating to the manner of calculation of compensation, revision of that manner and the method of payment of compensation:

The Approved Negotiator and Indigenous Groups agree that the operation of this Agreement may only be varied within the boundary of the subject land.

The Approved Negotiator and Indigenous Groups agree that the boundary of the subject land may only be constricted but not extended.

Transfer of this agreement is not permitted unless both the Indigenous Groups and the Forests Board agree and the “new” company is prepared to comply with provisions of the existing agreement (otherwise a new agreement has to be negotiated).

(Directions: Specify the circumstances in which the Agreement may be terminated and the method of its termination)

(a) If, and when, the Director is satisfied that all forestry operations are completed in the subject land and provisions of this Agreement have been complied with, the Indigenous Groups and the Approved Negotiator may jointly sign for the termination of this Agreement.

(b) If, in the Director’s opinion, there is sufficient evidence to prove that the Approved Negotiator has repeatedly violated, or, failed to comply with a provision of this Agreement.

(c) If there is sufficient evidence to prove that the Approved Negotiator is financially bankrupt, the Director may terminate this Agreement.

(Directions: Specify the matters upon which, and methods by which, regular records are to be supplied to the Indigenous Groups on forestry operations and other relevant activities conducted under the Agreement. Those records should include data on the pre-logging state of the forest resource, volume and number of trees logged by species, sales in particular, the buyer, the date, the location and the payment and royalty calculations. A provision must be included requiring the Approved Negotiator to promptly forward a signed copy of all records provided under this clause to the Director.)

(a) to undertake a pre-logging inventory and provide information collected by the Approved Negotiator on the pre-logging state of the forest resource to both the Indigenous Groups and the Director of Forests (This pre-logging inventory must include an estimate of the net loggable area and expected volume to be harvested by species); and

(b) to give the Indigenous Groups or the Management Committee free access to the felling register or other records of trees removed from the subject land provided a guarantee is given that records will not be altered nor destroyed; and

(c) to give the Indigenous Groups details of the number of trees, date and volume harvested and royalty payments by species whenever payments are made; and

(d) to promptly forward a signed copy of all records provided under this clause to the Director of Forests.

The Indigenous Groups agree that the Management Committee is to take responsibility for the records of money paid by the Approved Negotiator on behalf of the Indigenous Groups.

(Directions: Specify (as appropriate) the Management Committee’s rights to access the Approved Negotiator’s records, and rights to inspect the Approved Negotiator’s forestry operations under this Agreement)

The Approved Negotiator agrees to allow the Management Committee members to inspect the Approved Negotiator’s records and forestry operations to monitor performance of the terms and conditions of this Agreement.

A Management Committee members’ inspection may take place at any reasonable time, provided reasonable safety precautions are observed and normal forestry operations are not unreasonably disturbed.

This Agreement binds the Approved Negotiator, and any agent, sub-contractor, heir or assign of the Approved Negotiator, and binds all members of the Indigenous Groups.

in presence of (witness) ..........................................................(signature or thumbprint)

..........................................................(print name of witness)

And SIGNED for and on behalf of the ..................................................... Indigenous Group by:

Are there any additional landowners? Yes ☐ No ☐ (If yes, attach another copy of this sheet)

........................................................... (signature or thumbprint)

..........................................................(print name of witness)

I, .............................................................. (print officers name), being a Forest Investigation Officer certify that the decision to enter into this Agreement was taken by each Indigenous Group referred to above in the manner recorded for that Indigenous Group under section 20(3)(d)of the Forestry Act.

Signed: ......................... Position: ........................... ...../...../20....

CERTIFICATE THAT TIMBER RIGHTS AGREEMENT WAS INTERPRETED TO INDIGENOUS GROUPS

I, ..........................................., being a forestry officer under the Forestry Act, certify that:

the contents of the attached timber rights agreement were interpreted in my presence

by .............................................................................. (name of interpreter)

of ....................................................................................... (village/area)

into the .................................................................................................................. language,

which is understood by the persons signing for and on behalf of the Indigenous Groups,

and to the best of my knowledge and belief the contents were understood by those

Signed: ................................... Position: ........................ ...../...../20.....

This certificate is to confirm the Forests Board of Vanuatu’s approval of the timber rights

agreement made on the .......................... day of ..........................., 20... between

.......................................................................... (the Approved Negotiator)

Signed: ........................................ ....../....../20... ..........................
Chairman, Forests Board of Vanuatu Date Official stamp

Directions:
This form is to be used where, in the Director of Forests’ opinion:
(a) the custom owners of land are willing to sell timber rights in the land; and
(b) the volume or value of the timber concerned is not sufficient to justify the effort and expense of negotiating a timber rights agreement under Division 2 of the Forestry Act.

This application must be lodged with the Director of Forests and be accompanied by the prescribed fee and a map of the location of the permit area that is of a standard satisfactory to the Director.

I, ................................................ of .............................................................
(Person’s name) (Company)
of .................................................................................. apply for a Timber Permit.

..............................................................
2. Description of area:

(Directions: please describe the area using local place names or other notable features and also attach a map. Please note that the application may be rejected if the map is not of a standard satisfactory to the Director of Forests. The Department of Forests can assist in providing maps – please ask):

............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

This Permit is granted to ..................................... of .....................................
[Persons name] [Company]

of .............................................. for the purpose of commercial forest operations
[Address]

to obtain ............................................................. from ................................. area on
[Type of Produce] [local area place name]

the island of .............................................................................................

for the period commencing on the ................ day of ...............20.........

and ending on the ............... day of ...............20.........[Maximum period 1 year]

Maximum round log volume to be cut under this Permit: ...................m³ (cubic metres)

[Take note that the maximum permit volume is not to exceed 200m³ or the maximum volume under the permit holder’s licence, whichever is the smaller.]

Minimum round log volume to be cut under this Permit: ....................m³ (cubic metres)

Description of area [using local place names or other notable features and attach a map.]:

The owners agree to sell and the applicant agrees to pay the royalty rates below [rates must be equal or higher than the minimum royalty rates prescribed by the Minister]:

Species name or group	Grade or product (if applicable e.g. sawlog or veneer)	Royalty to be paid to owners and unit (e.g. Vt per m³ gross round log)
All species

All softwood species (conifers incl Kauri)

All hardwood species (most rainforest trees)

Selected species (list individually below)

Are there any additional species? Yes ☐ No ☐ (if yes, write on an attached sheet)

On land belonging to the custom owners of the land listed below (Director to obtain landowners signature or mark if possible):

Are there any additional landowners? Yes ☐ No ☐ (If yes, attach another copy of this sheet)

Print name: ................................ Date: ......... day of ................. 20.....

1. Log volume is to be calculated on the sound round log volume under bark in accordance with the Log Scaling Manual or the equivalent manual issued by the Director of Forests from time to time.

2. This Timber Permit only authorizes commercial forestry operations on land shown in the attached map.

3. The permit holder must keep a felling register and must, not later than the next working day after felling any tree, allot the next available number to the log cut from such trees, or where more than 1 log is cut from any tree, separate consecutive numbers to each such log, and must correctly enter in the register within 3 days of felling a tree—
(i) the number of each log;
(ii) the date felled; and
(ii) the species of tree.

4. The permit holder must correctly enter into the felling register by the 5th working day of the month following the month in which the tree was felled the following—
(i) the length of the log;
(ii) the diameter of the log measured at the midpoint under bark OR
the diameter measured twice at right angles at each end of the log;

(iii) the sound volume of each log after allowance has been made for defects in accordance with standard procedures set out in the Department of Forests Log Scaling Manual or the equivalent manual issued by the Director of Forests from time to time;
(iv) the royalty payable to the custom owner of land in respect of each log;
(v) the forest management charge payable in respect of each log.

5. If the log is to be exported from Vanuatu, the permit holder must not later than 7 days following entry of the log in the register, record that the log is for export and the planned date of export.

6. The permit holder must not later than the next working day after a tree has been felled:
(i) hammer mark the number of each log on both ends of the log cut from that tree, and
(ii) hammer mark the numbers of logs cut from that tree on the stump of the tree.

7. The permit holder must produce the felling register to any Forest Officer when requested to do so.

8. The permit holder must submit to the Director of Forests on the 15th of each month felling registers of logs cut in the previous month.

9. The permit holder must pay to the Director of forests all forest management charges payable on timber felled in any month by the last working day of the following month.

10. The permit holder must pay to the custom owners of the land concerned all royalties payable on timber felled in any month by the last working day of the following month.

11. The permit holder must as soon as practicable and not later than 60 days after felling, remove all logs from the land of the custom owner except logs that are unmerchantable because of some defect exceeding 50 per cent of the volume.

12. The permit holder must not fell any tree of any species designated by the Director as excluded on this Timber Permit or as a protected species under section 53 of the Forestry Act.

13. The permit holder must not fell any tree marked or branded by any Forest Officer as a seed tree, potential future crop tree, fruit or nut tree unless those tress are specifically approved for felling by the custom owners of the land concerned under this Timber Permit (a specific provision under Part B of this Timber Permit is required).

The permit holder must not fell any undersize tree (within the meaning of the Silvicultural Prescriptions).

15. Are there any additional conditions? Yes ☐ No ☐ (if yes, write below or on an attached sheet)

In addition to the conditions set out above, the Director of Forests imposes the following conditions in respect of this permit—

This Forestry Lease is an agreement by both the Lessor and Lessee to enable the Lessee to use the lease land for the establishment, maintenance and harvest of timber from a crop of trees subject to the conditions agreed between the two parties as set out below.

1. Lessor: Customary land-owning group .........................................................

4. The Lessor acknowledges receipt from the Lessee of the sum of VT......................, being the premium required for the grant of this Forestry Lease.

5. The Lessor agrees to lease to the Lessee the lease land described in the First Schedule for the term of ............... years from ............. day of ................... 20......... .

6. The Lessee must pay to the Lessor the yearly rent of VT.........................., payable in advance on the first day of January in each year, subject to the provision for rent revision specified in the Second Schedule.

7. This Forestry Lease is granted and accepted under and subject to the provisions of the Forestry Act, the Land Leases Act and the Land Reform Act, and on and subject to the terms, conditions, provisions, restrictions and covenants set out in the Schedules to this Forestry Lease , except as otherwise expressly provided to the contrary in this Lease.

8. The rights and easements specified in the Third Schedule are included in this Forestry Lease.

(Directions: Provide the following information on the lease land:
(a) Location of lease area / island,
(b) Total lease area in hectares,
(c) Land title if land is registered,
Map of the area,
Detail the forestry, agriculture and other activities currently or previously occurring on the lease land.)

The land covered by this Forestry Lease is known as ................................................
(include land name(s) if known)
....................................................................................................................................

on the island(s) of ....................................................................................................

....................................................................................................................................

the boundaries of which are clearly marked in red stripes (////) on the [official 1 : 50,000 scale topographical] map attached to this Lease, and which is referred to in the remainder of this Lease as “the lease land”.

The Lessee must provide the Lessor with a survey plan of the lease land surveyed by a licensed surveyor and approved by the Director of Forests or the Director of Lands.

(Directions: The description must be adequate for the identification of the lease land. The Lessee may be required to mark the outside boundary of the land in some identifiable manner, and to identify those areas within that land which may have been, by agreement, excluded from forestry operations, such as sacred sites, burial grounds, etc)

(2) The Lessor and Lessee agree that the marking of the external boundary must involve the Lessor to ensure the boundary is marked according to custom boundaries.

(Directions: Place a tick in the box specifying who will do the work and pay for boundary marking ☑:)

(3) Payment for boundary marking is to be VT ........... per person per day OR VT .......... for the total work.

(Directions: The Lessee must provide to the Lessor a list of areas to be excluded from commercial forest operations and areas to be planted with trees, and these must be clearly located on a map of suitable scale and features to be acceptable to the Director of Forests.)

(1) The subject land does not include the following internal areas (if any):
................................................................................................
................................................................................................
................................................................................................
................................................................................................

(2) The internal boundary of the subject land is to be marked in the field and paid for in accordance with the following table.

(3) The Lessor and Lessee agree that the marking of the internal boundary must involve the Lessor to ensure the boundary is marked according to custom boundaries.

(Directions: Place a tick in the box specifying who will do the work and pay for boundary marking ☑:)

(4) Payment for boundary marking is to be VT...... per person per day OR VT ....... for the total work.

1. Lessor and Lessee may appoint representatives
(1) The Lessor and the Lessee may appoint representatives to negotiate and administer this Forestry Lease.

(2) Discussions, negotiations, notices and agreements made in relation to this Forestry Lease must be made between the duly authorised representatives of the Lessor and Lessee, each of whom is responsible for informing the other party of the names and contact details of their representatives and what powers those representatives have. No binding agreements in relation to this Forestry Lease may be made without the agreement of both the Lessor or Lessee either in person or through their representatives.

(3) The Lessor may decide to appoint a Management Committee to administer this Forestry Lease from within the Lessor’s custom landowning group or groups or appoint outside agents to assist them.

(4) The Lessor may seek assistance from the Director of Forests in managing this Forestry Lease. The Lessor and Lessee acknowledge that on receiving a request for assistance, the Director may decide to nominate a Forestry Officer to attend meetings of the Management Committee or provide other such advice or assistance as may be appropriate from within Government.

(Directions: The preparation of an Environmental Impact Assessment (EIA) and an archaeological survey will be required before a Forestry Leases that will involve major new logging and reforestation programs may operate.)

(1) If this Forestry Lease requires a reforestation program covering more than 100 hectares per year, the Lessee must prepare an Environmental Impact Assessment and submit it to the Director of Forests and the Lessor before the commencement of the establishment, maintenance or harvest of timber from a crop of trees under this Lease.

(2) The Environmental Impact Assessment must be conducted by specialists approved by the Director of Forests in consultation with the Environment Unit in the Ministry of Lands, Geology and Mines and prepared according to the guidelines and standards specified by the Environment Unit.

(3) The cost of an Environmental Impact Assessment is to be borne by the Lessee.

(4) The Lessee must prepare and submit to the Lessor and the Director of Forests an archaeological site survey on areas proposed for the establishment and maintenance of a crop of trees or for reforestation. The survey must be undertaken by a specialist appointed by the Director of Forests at the cost of the Lessee.

(Directions: Specify the Lessee’s rights and obligations for the purpose of conducting the forestry operations concerned. Where appropriate, a management plan should be incorporated as part of this clause.)

(1) Prior to conducting any operations on the lease land, the Lessee must produce and submit to the Lessor a management plan for the lease land. The management plan must be prepared to the satisfaction of the Lessor and its representatives.

(2) For a large plantation development (being one that involves over 100 ha of reforestation per year), the Lessee must to submit an annual plan of operations to the Lessor at or prior to 31 October in each year.

(a) set out all the activities which the Lessee reasonably expects to carry out as part of the forestry operations on the lease area in the 12 months from and including the next 1 January until the following 31 December; and

(b) not contain proposals which are inconsistent with any rights of the Lessor or with any obligations of the Lessee under this Forestry Lease.

(4) Within one month of submission of the annual plan to the Lessor by the Lessee for approval, the Lessor must do one on the following:

(a) approve the annual plan and give written notice of that approval to the Lessee; or

(b) reject the annual plan with written reasons and recommendations for amendments that may make it suitable for approval.

(5) The Lessee may submit any variation to a proposed annual plan to the Lessor at any time.

(6) Any variation approved by the Lessor is taken to be part of the annual plan it varies.

(8) For the purposes of this clause, the Lessor may request the Director of Forests to review the management plan or annual plan and provide comments and recommendations to the Lessor. It is acknowledged by the Lessor and the Lessee that in providing comments, the Director must not only consider the conditions and benefits relating to the Lessor, but must also consider the impact and benefits on the environment and wider community and make final recommendations in the national interest.

The Lessee’s right to establish, maintain and harvest timber from a crop of trees on the lease land includes the following:

(a) the right to build and maintain roads;
(b) the right to build and maintain buildings;
(c) the right to clear existing vegetation for the purposes of planting a crop of trees;
(d) the right to plant, maintain and harvest a crop of trees;
(e) the right to implement the approved annual plan on the lease land;
(f) other rights and obligations specified under this Forestry Lease.

5. Reservations and restrictions
(Directions: Specify any areas reserved from the forestry operation concerned, any restricted activities, etc)

The Lessee must ensure that no forestry operations under this Forestry Lease are conducted on:

(a) sites of cultural importance as determined to the Lessor;
(b) Conservation Areas;
(c) steep land over 30 degrees slope or unstable land and environmentally sensitive areas;
(d) water courses (all operations around a water course must follow the appropriate buffer zones prescribed in the Code of Logging Practice);
(e) areas that the Lessor wishes to preserve that have been specified under this Forestry Lease, providing that these have been clearly marked beforehand. (The Lessor acknowledges that if excluded areas are not been marked, the Lessee is not responsible for compensation or damage to the unmarked areas).

6. Lease renewal
(Directions: Specify the provision, if any, for lease renewal)

Renewal of this Forestry Lease is subject to the Land Leases Act [Cap. 163], as amended from time to time.

Other conditions:
...................................................................................................

...................................................................................................

7. Rent revision
(Directions: Specify the arrangements for periodic revision of rent)

...................................................................................................

8. Variation
(Directions: Specify the provision, if any, for variation of terms, etc)

(1) The Lessor and Lessee may only vary this Forestry Lease by agreement in writing.

(2) The Lessee must notify the Lessor and the Director of Forests of variation to an approved annual plan.

9. Breaches of lease conditions and dispute resolution
(Directions: Set out any provisions relating to breaches including the requirement of notices, period to rectify breaches, or compensation that may apply. Dispute resolution procedures will need to be negotiated between the parties.)

The Lessee and the Lessor must notify the Director of Forests on any breach of conditions of this Forestry Lease by either party.

...................................................................................................

Are there any additional conditions? Yes ☐ No ☐ (if yes, write below or on an attached sheet)

The following additional conditions apply in respect of this lease —
...................................................................................................

...................................................................................................

The following rights and easements (if any) are included in this Forestry Lease:

(a) ...................................................................................................
...................................................................................................

(b) ...................................................................................................
...................................................................................................

(c) ...................................................................................................
...................................................................................................

Dated at ................. this ............... day of ................... 20.......

SIGNED by the Lessor ............................................. ................................................

(Signature) (Print name)
in the presence of: ......................................................... ................................................

(Signature) (Print name)
SIGNED by the Lessee ............................................ ................................................

(Signature) (Print name)
in the presence of: ........................................................ ................................................
(Signature) (Print name)

Copies of the Lease and this form are to be given to the Lessor, Lessee, Director of Forests, Director of Lands and the Lands Survey Office.

The relevant application fee set out in the Forestry Regulations must be paid at the time of application.

Please answer the following questions. Take note that it is an offence to give false or misleading information.

If extra space is required, please answer on a separate page using the number of each question (eg 1(f)(I) Assets).

I, ........................................................................................... (full name),

of ............................................................................................. (address),

apply for a timber licence under the Forestry Act over an area of customary land known

as ......................................................................................................................................
(include land name(s) if known)

on the island(s) of................................................................................................................. ,

the boundaries of which land are marked in red and striped (/////) on [the official 1 : 50,000 scale topographical] map attached to this application, and which is referred to in the remainder of this application as “the proposed project area”.

I declare that I have read and fully understand the contents of this application form and have completed it truthfully and to the best of my knowledge.

in presence of (witness) ..........................................................(signature or thumbprint)
..........................................................(print name of witness)

(Directions: If yes, you DO NOT need to fill out Part B of this form. Instead attach as part of this application:

(a) a copy of the Application for Approval to Negotiate submitted by the Applicant to the Director of Forests; and
(b) a copy of the Approval to Negotiate given by the Forests Board; and

(c) a letter showing any alteration of the particulars provided in the submitted Application for Approval to Negotiate, and a working plan for the first year of operations.)

If your answer to question 1 was “No”, what is your connection with the land where the commercial forestry operations are proposed?

...................................................................................................

Please attach any relevant documents relating to your connection with the land (eg Customary Land Tribunal or Island Court declarations, survey plans, Lands Department leases or other documents).

(I) in my personal capacity ☐
(II) on behalf of −
(i) a partnership ☐
(ii) a private company ☐
(iii) a public company ☐

(Direction: If (I), (II) (i) or (II) (ii), fill in the details below for yourself and all other partners or shareholders)

Full name: ......................................... .............................................

Postal Address: ................................. .............................................

Residential address: ............................ .............................................

Phone no.: ........................................ .............................................

Fax No.: ........................................... .............................................

Nationality: ....................................... .............................................

Passport no. (for non-ni-Vanuatu): ......... .............................................

Other occupations: ............................ .... .............................................

...................................................... .............................................

(I) assets? ................................. .............................................

(II) liabilities? .............................. .............................................

...................................................... ..........................................

....................................................... ..........................................