# Salvage Permits

## Definition

### Legal type of permit if...

- Regulations on the procedure for salvage and disposal of abandoned timber or seized timber produce can be issued by the Minister upon the recomenndation by the Forestry Commission (FC). Salvage Permits cannot be issues where a TUC is already in place.

- Regulation (38) LI 1649 provides for the procedure applicable to the issuance of salvage permits:

Area of land undergoing development (road construction, expansion of human settlement, cultivation of farms)
Application to the Forestry Commission
Approval of the Forestry Commission
Chief conservator issues a salvage permit

Relevant pieces of domestic legislation:

- Timber Resources Management Act (Act 574), 1998 - as amended in 2002 (Act 617)
- Timber Resources Management Regulation (LI 1649), 1998
- Timber Resources Management Regulation (Amendment) (LI 1721), 2003

## Voluntary Partnership Agreement (VPA)

### Legal type of permit if...

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.

Accordingly, a product containing wood sourced from Ghana can be licensed for sale within Ghana and for export from Ghana in cases where the logger at the time of felling held a valid salvage permit. However the VPA adds a couple of requirements for the issuance of salvage permits which are not currently specified in domestic law. Accordingly the procedure is amended as follows:

Area of land undergoing development (road construction, expansion of human settlement, cultivation of farms)
Application
The Forestry Services Division (FSD) conducts inspection about the justification for commercial trees in a defined location to be salvaged
FSD submits its report to the CEO of the FC
Approval of the Forestry Commission
Chief conservator issues a salvage permit

It should be noted that in addition to confirming the legality of the type of permit, other elements are required in order to issue FLEGT licenses. All the components of legality mentioned in the VPA have to be complied with (that includes principles relating to the source of timber, timber rights allocation, timber harvesting operations, transportation, processing, trade and fiscal obligations).

## European Timber Regulation (EUTR)

### Legal type of permit if...

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.

Therefore, operators must confirm the legality of the salvage permit under which the timber was logged as part of the risk assessment they are conducting. They should consider whether the permit was obtained correctly and its terms properly respected.