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Appendix 5. Formal policy and legislative landmarks


1874

British Colonial Office begins to develop a universal forest conservation policy to avert a perceived world-wide threat to the economic base of colonial rule from deforestation (Grove, 1994, cited in Smith, 1996).

1908

H.N. Thompson’s Report on Forestry in the Gold Coast recommended the establishment of forest reserves, the introduction of a system of Property Marks and the establishment of a Forestry Department.

1909

Establishment of the Forestry Department to spearhead the reservation effort and regulate the emerging timber industry.

1909

Timber Protection Ordinance, 1909, provided for regulation of logging through the introduction of a system of Property Marks.

1911

Forest Ordinance, 1911, provided for the establishment of forest reserves by the colonial government. It was, however, never used.

1927

Native Authorities Ordinance No. 18 of 1927 (Cap 111) established a system of local government which revolved around a paramount chief and his traditional council of elders “native authority. These authorities had the power to constitute forest reserves under their by-laws.

1927

Forest Ordinance, 1927 (Cap. 157) provides for the constitution and management of forest reserves. It is still in force. Ordinance indicates that the ownership of land is not altered by its declaration as a forest reserve; forest reserves may be managed by owner or owners under the direction of the FD.

1939

Concessions Ordinance, 1939 (Cap. 136), and earlier similar legislation, provided for a system of grants of timber harvesting rights and the determination and collection of revenue over both reserve and off-reserve forest by the traditional land and forest holding authorities.

1948

Forest Policy. This first formal forest policy provided conservation and protection of the forest estate and the ultimate liquidation of the off-reserve forest.

1949

Trees and Timber Ordinance, No.20 of 1949 (Cap. 158) sought to regulate and control the timber trade through the registration and issuing of Property Marks to concession holders and the issuing of licenses and permits for the felling of forest trees.

1951

Local Government Ordinance, 1951 (No. 29) provided for the establishment of elected local councils, marked the end of the policy of indirect rule and the beginning of the decline in the participation and influence of the traditional land forest holding authorities in forest management.

1959

Protected Timber Lands Act, 1959 (Act 34). This Act provided for the declaration of off-reserve forest lands as protected timberlands. This gave the Forestry Department power to regulate and control farm development and expansion in these areas.

1962

Administration of Lands Act, 1962 (Act 123) vested the management of all stool land the collection of all stool land revenue in central government. Land has been considered to include forests and stool land revenue to include royalties and rent.

1962

Concessions Act, 1962 (Act 124), another product of the centralizing, statist Nkrumah regime, vested the right to grant timber concessions and the management of all timber resources, both on and off-reserve, in central government

1974

Trees and Timber Decree, 1974 (NRCD 273) continued the operation of the system of Property Marks and makes it a criminal offence for a person to fell timber for export without a valid property mark.

1974

Forest Protection Decree, 1974 (PNDCL 46) attempts to protect the integrity of forest reserves by prohibiting virtually any activity therein if done without the prior written permission of the Forestry Department.

1983

Control of Bush Fires Law, 1983 (PNDCL) sought to control the setting up of bushfires, during one of the worst periods of rampant fires, by criminalizing the intentional, reckless or negligent causing of such fires and holding the offender liable for all the consequences of the fire.

1983

Trees and Timber (Amendment) Law, 1983 (PNDCL 70) imposed stiffer penalties for violation of the Tree and Timber Decree.

1986

Forest Protection (Amendment) Law, 1986 (PNDCL 142) imposed stiffer penalties for violation of the Forest Protection Decree.

1990

Control and Prevention of Bushfires Law, 1990 (PNDCL 192) shifted the emphasis in the fight against bushfires from punishment for criminal offenders to regulation and prevention through educational programmes and organization of early farm burning by district assemblies.

1993

Article 296 of the 1992 Constitution provides for the establishment, composition and functions of the present Forestry Commission

1993

Forest Commission Act, 1993 (Act 453) established the present Forestry Commission

1994

Forest and Wildlife Policy. The present formal policy on forest and wildlife aims at “conservation and sustainable development of the .... resources for maintenance of environmental quality and perpetual flow of optimum benefits to all segments of society”.

1994

Trees and Timber Amendment Act, 1994 (Act 493) makes provision for the biannual renewal of property marks and the use of levies and other forest fees in the regulation of the timber trade. Under this Act, levies have been imposed on the export of logs and the fee for the renewal of property marks substantially increased.

1995

Interim Measures to Control Illegal Timber Harvesting Outside Forest Reserves. This introduced a new system for the harvesting of off-reserve timber introducing the farmer’s right of veto and payment of compensation for crop damage.

1996

Master Plan for the Development of the Forestry Sector. Prepared by the Ministry of Lands and Forestry, this is a comprehensive plan with strategies, proposed actions, inputs, outputs and time frames for implementing the Forest and Wildlife Policy.

1998

Timber Resources Management Act introduces Timber Utilization Contracts (TUCs) for any timber harvesting and enhanced rights for landowners and farmers over harvesting of trees on their land.

1998

Proposed Forestry Act. This proposal aims at consolidation and replacement of all existing forestry legislation. It proposes clear identification of land-and forest-holding communities as the primary clients of a proposed Forest Service, which will pursue sustainable forest management.

Source : Nii Ashie Kotey et al. (1998)

*insertion by the author indicated in italics.


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