# Underwater Timber

## Definition

### No legally defined permit

Underwater logging is not mentioned in Ghanaian law. However, submerged timber has been salvaged in the past. In 2010, the Parliament of Ghana ratified the salvage of underwater in the Volta Lake.

This case did not involve a salvage permit (because of the parliamentary ratification) or a TUC (because they grant timber rights on land). It is then not clear what type of permit can be used to harvest underwater timber.

Relevant pieces of domestic legislation:

- Timber Resources Management Act (Act 547), 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)

### Risky 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.

However, the VPA does mention underwater use rights as a separate source of timber production. It is not clear however how underwater timber could be considered as a source of legal timber since no legal type of permit is designed under Ghanaian law.

## European Timber Regulation (EUTR)

### No legally defined 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.

Since there is no legal type of permit of underwater timber under Ghanaian law, it cannot be considered as meeting the EUTR criteria.