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Legally Required Document
Timber Utilisation Contract (TUC)
Applicable to:
Timber felling right holders harvesting natural forest
Holder of Document: all timber felling rights holders other than private plantations (registered property mark holders).
Signature required by:
TUCs are signed by the Ministry of Lands and Natural Resources and ratified by Parliament.
Key considerations when checking the doc:
Has the TUC been ratified by Parliament? Parliamentary ratification is verified by a letter from the Parliament or from the Hansard (Official Report of Parliamentary Debates) .
Is the document valid in terms of the expiry date?
Is the name of the owner the same as that on the harvesting permit? If not, is there any evidence of legal transfer?
Is the TUC signed by the Ministry of Lands and Natural Resources ? A signature will normally also include an official seal. and or permit signed by the Chief Executive of the Forestry Commission?
Note: There are other timber rights and their documents such as salvage permit signed by the Chief Executive of the Forestry Commission and permit for disposal of abandoned timber which is signed by the Chief Executive of the Forestry Commission or his/her or authorised public officer. These documents will have their own specific terms and conditions.
Purpose and content of document:
the TUC details the terms and conditions of the rights to fell timber. Key terms and conditions which are outlined in the TUC include: 1) The name of the right holder; 2) The area under the contract (not more that 125km2, and for some permits the quantity of timber as well); 3) The commencement and expiry dates (the duration shall not be more than 40 years); 4) The annual ground rent fee; 5) Conditions for termination of the contract.
Evidence limitations and weaknesses:
the TUC requires parliamentary ratification not verifiable on the document.
Timber Utilisation Contract (TUC)
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