# 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:

- Land and natural resources → vested in the President on behalf of and in trust for the people of Ghana;
- Every mineral in its natural state → property of the Republic of Ghana vested in the President on behalf of and in trust for the people of Ghana.

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:

- Constitution, 1992
- 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
- Concessions Act (Act 124) 1962

## 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.