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Inspection and approval of non-Forest Reserve areas for TUCs

Inspection and approval of non-Forest Reserve areas for TUCs

Title: Inspection and approval of non-forest reserve areas for TUCs No: 04
Version: 2 Date: 01 June 2003
Prepared by: GB/JD Approved by:  
Preceded by Procedure No:   Followed by Procedure No:  
Purpose: To determine the suitability of off-Forest Reserve land for allocation TUC and to approve areas deemed suitable.
Applies to: FC Chief Executive RMSC DirectorFSD Regional ManagersFSD District ManagersFC TREC Secretariat
Reference Documents: LI 1649
1.       District and Regional Managers periodically provide the FC Chief Executive with a list of unallocated off-reserve areas that, on the basis of the most up to date information, he considers suitable for allocation of timber rights under a TUC.
2.       The FC Chief Executive sends a request to each District Manager concerned, with a copy to the Regional Manager, to notify local people with an interest in the areas that: a)       the land is being considered for allocation of timber rights under a TUC; and b)       any person with ownership or other interest in the land may notify the FSD District Manager of his interest and file consent or objections within 21 days of the date of the posting of the notices.
3.       Each District Manager concerned posts appropriate notices at the following offices: a)     the District Assembly; b)     the Traditional Council; c)     the Unit area in whose area of authority the land identified is situated; and d)     the District Forest office.
4.       The District Manager receives any claim of ownership or other interest in an advertised area of land and consent or objection to use, either in writing or orally, for up to 21 days from the date the notices were posted. The District Manager is not bound to receive any claims received after that date.
5.       The District Manager transcribes each oral submission, reads it back to the claimant and gets the claimant's approval of the text by signature or thumb print.
6.       If any submission does not include the positive consent of the claimant to allocation of timber rights on the area under a TUC the District Manager stamps that submission "OBJECTION".
7.       The District Manager date-stamps each claims on the day it is received and places it in a file relating to the area concerned.
8.       If there are no objections to an area being allocated under TUC and there are no conflicting claims of ownership, the District Manager prepares a report as described in sub-procedure 13 .
9.       If any submission does not consent to allocation of the timber rights under TUC, or there are conflicting claims of ownership of the land, the District Manager refers the matter to an Objections and Claims Committee composed as follows: a)       representatives of the Administrator of Stool Lands; b)       two representatives nominated by the District Assembly concerned; and c)       a representative nominated by the Traditional Council concerned.The chairman of the Objections and Claims Committee is the representative of the Traditional Council.
10.   The Objections and Claims Committee hears and considers all statements and information that may be offered in support of each objection or claim.
11.   The chairman of the Objections and Claims Committee prepares a report that describes its findings. The report states whether the objection(s) were reasonable, and makes appropriate recommendations concerning any conflicting claims.,submits the report to the District Manager within 14 days of conclusion of the committee's consideration of claims and objections.
12.   On receipt of the Objections and Claims Committee's report, the District Manager a)       files a copy in the file concerning the area; and b)       submits a copy to the District Chief Executive.
13.   The District Manager prepares a report about the area.� The report includes: a)       a cover page with a technical description of the area and approval status. b)       a description of the area with maps showing its boundaries and main physical, and social and economic features; c)       the consent of the owners and a description of how this was obtained; d)       descriptions of any objections; e)       descriptions of any conflicting interest f)         the landowners undertaking to negotiate, if available; and g)       if applicable, the Objections and Claims Committee's report and recommendations.The District Manager signs the report and forwards it the Regional Manager.
14.   On receipt of the report, the Regional Manager satisfies himself of its completeness and substance and the validity of any recommendations and makes such comments and further recommendations he considers appropriate before forwarding it to the FC Chief Executive
15.   The FC Chief Executive reviews the report, together with any notations and comments made by the Regional Manager, and determines on the basis of the report's recommendations whether the area is suitable for allocation under a TUC, and if in agreement endorses the report's recommendations.
16.   If the FC Chief Executive is NOT satisfied with the report's recommendations, he returns the report to the FSD Regional Manager with a written description of issues and a list of the clarifications required.
17.   Where a report indicates either of the following situations, the FC Chief Executive does not approve allocation of the timber rights to the land under TUC: a)       any unresolved conflicting claims to the land area under consideration; or b)       consent by all the owners is not clearly indicated. In these situations, the FC Chief Executive decides what further action is appropriate with regard to the land area.
18.   If the FC Chief Executive is satisfied with the report's recommendations and they are positive, he notifies the District Chief Executive and requests him to prepare a notice to communities in the area that the area has been selected for allocation under a TUC.
19.   The FC TREC Secretariat creates a file for each area approved for TUC and for each area not approved for TUC.Each file contains records of the consultation process, the Objections and Claims Committee's recommendation, if applicable, and any correspondence relevant to the recommendation and the FC Chief Executive's decision.

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