Nurtured Timber

Definition

No legally defined permit

The legal status of nurtured timber is ill-defined in Ghana. When it comes to natural resources the Constitution states:

HOWEVER, the Constitution is silent on the ownership of natural resources that are not minerals.

The legislation in Ghana is also silent on nurtured timber. The TRMA prohibits the granting of timber rights on land with private forest plantation and timber grown or owned by an individual or a group.

Therefore, the current legal definition of off-reserve nurtured timber does not permit the granting of rights and thus no felling permit can be issued.

Off-reserve nurtured timber
Vested in the President on behalf of and in trust for the people of Ghana Ownership? No timber rights can be granted

Relevant pieces of domestic legislation:

Voluntary Partnernship Agreement (VPA)

Illegal type of permit

The Voluntary Partnership Agreement negotiated between the European Union and Ghana defines what legally produced timber is. The definition sets out Ghana's legislation that must be complied with in order for timber products to be covered by FLEGT licenses. The definition limits legal sources of timber to TUCs, Salvage Permits and Certificates of Purchase.

Nurtured timber is not mentioned in the VPA amongst the legal sources of wood and therefore cannot be considered as a legal source of timber.

European Timber Regulation (EUTR)

Illegal type of permit

Under the EUTR, operators have a due diligence obligation (Articles 4-6) to assess the risk of the timber and timber products they place on the EU market containing illegally harvested timber. Amongst other things, the due diligence obligation requires information/documentation to prove that the felling permit is legally recognised by Ghanaian law.

Nurtured timber is ill-defined in Ghanaian legislation and therefore no felling permit is to be considered legal with respect to nurtured timber.