Pivate Use Permit Between Forestry Development Authority and the People of Beawor District Rivercess...

7/28/2019 Pivate Use Permit Between Forestry Development Authority and the People of Beawor District Rivercess County O

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PRIVATE USE PERMIT CONTRACTBETWEEN THE

FORESTRY DEVELOPMENT AUTHORITY

&THE PEOPLE Of BEAV'lOR DISTRICT

FDA.P.O. Box 10-3010

urheh11bwn,klountBarclay1000, M011/'Ovia 10LiberiaThursday, October6, 2011


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~" , . " REPUBLIC OF LlBF:RIA) MONTSERRADO COUNTY) PRIVATE USE PERMIT CONTRACT BETWEEN THE FORESTRYDEVELOPMENT AUTHORIITY AND THE PEOPLE OF BEAWOR DISTRICT,RIVER CESS COUN'IY, FOR THE HARVESTlNG OF 42,390 HECTARES OFFORFBTLANDTillS CONTRACT made and entered into this ,r- day of . - D ~ ,A.D. 2011, by and between the Government of Liberia, through the ForestryDevelopment Authority, hereinafter referred to as the Authority, represented by itsManaging Director, Moses D. Wogbeh Sr., and the People of Beawor AdministrativeDistrict, River Cess County. hereinafter referred to as Beawor, represented by theDistrict Forest Management Committee by and thru Senior C i t i z e n s ~ Johjao Yawoye,Paramount Chief, Esther FO'h'eh1 Women Leader and Bill B. Sumo, Youth Leader,hereinafter collectively the Parties, hereby;

WITNESSETH:. '--- ... ===-=WHEREAS, the Authority is statutorHy responsible for the suStainable management anduse of aU categories of fore::.1 r e s o u r c e s . ~ .

WHEREAS, the People of Beawor are legitimate owners of a tract of forestland of42,390 hectares by virtue of inheritance through a legitimate purchase from the Republicof Liberia;

W H E R E A S ~ the Beawor Administrative District encompassing of Boor clan made anapplication to thc AuthOrity on September 201 J on behalf of said citizens for theissuance of a Private Use Pennit to commercialize their deeded forested land as can beseen from copy of said letter hereto attached and marked ExhibitWHEREAS, by virtue of Section 5.6 (d) (i ) of the National Forestry Reform Law(NFRL) of2oo6, copy ofa duly certified Ahorigee's Grant Deed issued in 1974 under thesignature ofPresident"WiHii.U1l V.S. Tubman. in proofof ovmership of the subject tract ofland is he:reto attached and marked Exhibit I. the Ministry of Lands; Mines& Energy finalJy gives authentication and verification to the said Beawor Deed through aletter under the signature of Assistant Minister Maxwell c.P. Gwee. Attached also is th esaid verification letter marked Exhibit "e" to form an integral part of this ConlIact;

WHEREAS, validation of the area in keeping with Section 5


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WHEREAS. Beawor is desirous of coIDIDcrcializillg harvestable tree species on the saidtract of 42,390 hectares ofland;WHEREAS, the Authority baving exammed Beawor'. application and the requirementsof Section 5.6 of the NFRL baving been met. declares B_ o< qualified for issuance of .Private Use Permit that will allow it errte:r :into contractual agreement with a company orcorpora1ion to carry out said commercial activities;WHEREAS, the people above described have given their written consent through Memorandum of Understanding (MOD) to the Forest V C I J ~ Inoo.....".uon for theJlllIJIOgetnent and supervision of their forestland as can he seen ftom copy of said MOUhereto attached and marked Exhibit "E 'NOW, THEREFORE, for and in considerntion of the mutual promises and agreementsberein contained, the parties do hereby agree as follows:

I. Definitions. Authority: The Forestry Development Authority (FDA) created by an Aet

of the Legislature on November I, 1976.b. Annual Operation.. Plan: the plan that guides the annual operatiolls of theHolderc. Chain of Custody: the pnth ofcustodianship followed by logs, Timher andwnod products through barveating, transport, interim storage, processing,distribution and export from source of origin in the forest to end use.d. Code of Forest Harvesting Practices: a set of standards forenviroJllIlClllally sound forest use prepared by the Authoritye. CQnservation: the sustainable management and protection of forestresources to achieve maxinnnn environmental, socia), economic andscientific benefits for present and future generationsf. Forestry; the science, art and practice ofconservation offore.st resourcesg. Forest Resources Lioonse: any legs! instnnnent pursuant to whicb theAuthority allows P""'OD. subject to specified conditions, to extractforest resources or make other productive and sustainable 'use of forestland. This includes Forest management Contracts. 'limber Sale Contracts,Fo,est Use Penni! and Private Use Penni!.h. Forestland: a trnct of land. including its flora and fauna capnble ofproducing forest ,,,,,,,nrces, or land se t aside for the PUIpose of forestry,

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WHEREAS, Beawor is desirous of commercializing harvestable tree species on the saidtract of42,390 hectares of land;WHEREAS, the Authority having examined Beawor's: application and the requirementsof Section 5.6 of the NFRL having be=met, declares Beawor qualified for issuance of aPrivate Use Permit that will aJ10w it enter into contractual agreement with a eompany orcorporation to earry out said commercial activities;WHEREAS, the people above deseribed have given their written consent through Memorandum of Understanding (MOll) to the Atlantic Resources Limited for themanagement and supervision of their forestland as can be seen from copy of said MOUhereto attached and marked Exhibit "E'NOW, THEREFORE, for and in consideration ofthc mutual promises and agreementsherein o n t a i n e d ~ the parties do hereby agree as follows:

I. Defmitionsa. Aothority:'The ForeStry Development Authority (FDA) created by an Act

of the Legislature on November I, 1976.b. Annual Operations Plan: the plan that guides the annual operations of theHolder .c. Chain of Cmtody: the path of custodianship followed by logs, Timber andwood products through harvesting, transport, interim storage, processing,

distribution and export from source of origin in the forest to end usc.d. Code of Forest Harvesting Practices: a set of standards for

environmentally sound forest use prepared by the Authoritye. Conservation: the sustainable management and protection of forestresources to achieve -maximum environmental. socia]. cconomie and

scientific benefits for present and future generations. j:orestry: the s c i e ~ art and practice of conservation of forest resourcesg. Forest Resources License: any legal instrument pursuant to which theAuthority allows a - ~ p e I S O n . subject to specified c o n d i t i o n s ~ to extractforest resources or make other productive and sustainable use of forest

land, This includes Forest management Contracts. Timber Sate Contracts:,Forest Use Permit and Private Use Permit.h, Forestland: a tract of land, inc1uding its flora and fauna capable of

producing forest resources, or land set aside for the purpose of forestry,

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but not including land in pennanent settlements and land that bas been inlong term lL'ie for non-shifting cultivation ofcrops or raising livestock.1. Forest Product: any material or item derived from forest resources.J. Forest Management Contract: forestry contract which covers a land area of

50,000 - 400,000 hectares.k. Holder: a person who holds a valid forest resources licenseI. Land Owner: a p"=n who owns land by legal titlem.Operator. a person harvesting or making commercial use of forestresources under it forest resources license, including a person working asan employee, contractor or other agent for a Holder.n. Pre-Felling Operations: legal requirements of the Holder before felling of

logs. They fficlude posting of required perfonnance bond; ptepOnltion ofinitial annual operatiQns p ~ ~ and p ~ n o n of environmental impactassessment.

o. Private Use Pennit: a forest resource license issued by the Government toallow comrilercial use of the forest resources on private land,p. Public Use Permit: a forest resource license issued to extract forest

resource nom an area less than 1000 hectares.q. Reforestation: the establishment of a tree plantation in a previouslyforested area that has been affc(..'ted by cutting. fire, or some other act oftree removalr. Soclete Generale de Surveillance (SOS): the institution/companyresponsible to manage the Chain ofCustody System.s. Timber Sale C',.ontract: a short tenn forest resources license issued by the

Government for a period oftbrce (3) years that allows a per.;on to harvesttimber from a specified tract of forest land.

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2. Metes and Bounds1Thnical Desc.ription ofBeawor District Forest L-and &Location MapCommencing at a point on the Cestos River near the Town of b o k o ~ thenee a line runsS 43 E for 11,671 feet to a point; thence a line runs S 69" W for 9,235 feet to a point;them:e a line runs Due West for 6,340 feet to a point; thence a line IUDS Due South for16,736 feet to a point; thence a line runs S 50" E for 8,282 feet to a point; thene . a lineruns N 56" E for 39,472 feet to a point; thence a line runs S 75" E for 13, 540 feet 10 apoint; thence a line runs N 30" E for 33,755 feet to a point; thence a line runs S 68" E fur10,602 feet to a point; thence a line nms N 47" E for 12,202 feet to a point; thence a linenms S 86 E fo r 28,237 feet to a point; thenee a line nms N 22" W for 19,685 feet to apoint; thence a line runs N 24" E fo r 20,317 feet to a point; thence a line runs N 35" Wfor 32,934 feet to the point on the Cestos River; thence aline runs along the Cestos Rivernorthward for 167,918 feet io the point of commencement5 containing 4 2 ~ 3 9 0 hectares ofland and NO MORE.Map ofBeawor Foresthmd

Aerial a p o J B < a w o r C o m m u n i t ) ' f 9 J c ; c s " , t ~ _ - - " , , . 6 1 4 ~ ' ~ , . ,Located inRiver CessCounty (42,390 hectares) ~

3. Contract Objectivea To harvest merchantable tree species from 42,390 hectares of tmct of land

otherwise called the Bcowor Forest L""db_ To engage in reforestation of the area invo1ving indigenous speciesc. To create alternative uses of the tract ofland after harvesting of trees

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d. To create employment for about 300 locals of the contract area andsurrounding towns and villages.

Contract DurationThe contrnct shall be for twenty five (25) years, tbe land area being as an FMC./

Chain orCustody Sy,temIn keeping with Section 13.5 of the National Forestry Reform Law of 2006 ands""lions (1-35) of FDA Regulation 108-07, tbe Chain of Custody System willapply during the life and implementation of this contract. The system SOestablished for the tracking of logs, timber and wood products from furest toprocessing and then to domestic or foreign market shall be managed by SocieteGenerale de Surveillance (SGS) using SGSlHelveta equipment and software asprovided for by section 3.2 (3) of the Chain of Custody System ManagementContract of 2007. -.----.------

6. Land Rental & Stnmpage TaxConsistent with Section 5.7(b) of the National Forestry Reform Law of2006, theCompany shaU not be charged to pay land rental tax. However. stumpage shaH bepaid consistent with Section 5.7 (c) of the National Forestry Reform Law and alsoconsislent with Section 22(b) ofRegulation 107-07.

Other Fees & GOL Tax .AU other fees and GOL Taxes levied on the project shaH be consistent with theRevenue Law ofLiberia and FDA Regulation.

Pre-rellingDateBefore Company is certified for felling, all pre-felling operations including thefollowing must be completed:

a. Posting IJS$50,OOO.OO performance bondh. Submission of initial annual operations planc. Environmental Impact Assessmentd. Social Contract

FADployment

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Recruitment and employment by the Company shall be consistent with LaborLaw of Liberia and International Labor Organization.

TernalDanOUThis contract shall be tem:tinated if the company upon notice of breach of anyterm of this Contract fails to remedy said breach within a period of (60) sixtydays.

9. F o r ~ e ~ ~ i e u r eIn the event of force majeure, which causes either party from meeting its.. .- - ... . . . . . . . . . . . obligations herein Slated, the Contract shall be suspended as long as the forcemajeure continues.

10. DutvofCareThe Authority shall ensure that the Company maintains environmental quality ofthe cutting area and comply with aU' other conditions consi!:>ient with the LiberiaCode of Harvesting Practices to include:a. Water- course protectionb. Erosion preventionc. Prevention of poUution to r i v ~ streams and other waterways by disposal ofwastesd. Prevention of fire disaster

The operation shan also be in confonnity with international eonventions to whichLiberia is a party. They include: the Convention on Biodiversity, the futemationalTropjcal Timber Agreemeo4 the United Nation Framework Convention on ClimateChange. the United Nations Convention to Combat Desertification, the Conventionon International Trade In Endangered Species and the RAMSAR Convention onWetland ManagementII. !JQverning Laws

In effecting this Contract between the Corporation and the Authority. the .relevantLaws of Liberia including but not limited to the National ForeslIy Refurrn Lawand regulation governing Chain of Custody will prevail.

12. Binding Effect

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This Agreement is binding on the parties, their succcssors-in-ofticc as if theywere physically present at execution of this instrument.In witness whereof, we have afflxed our signatures on the day and date firstmentioned above.

.'OR THE AUTHORITY

Approved:

FOR THE PEOPU! OJ! BMWORADMINlSTJlJ\TIVE DlSTIlICT

T6.bio ) ! i l l ~ .1)1[ L , n ' - G . ~ .. ~ ~Jobjau Yawoye ' Bill SUJ)lOParamount Chie/lBeawor ouUt LeaderlBenWDr

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- .. - - - - . - - ~ . - . - - ..- ........... BEAWORADMINISTRATIVE DISTRICT,

SOUTHERN RIVERCESS COUNTY, LIBERIA August 25, 2011Han. Moses D. Wogbch, Sr, Managing Director Forestry Development Authority Whein Town, Paynesville City Republic of Liberia

Dear Han. Wogbeh:We write on behalf of the People of Beawor District, Rivel'cess County for th e issuance of aPrivate Use Permit (PUP) to enable us do logging activities on our pa:ivate deeded land" We alsoare enclosing our title deed review.Sincerely yours.

CtAN CHIEF/BEAWOR DISTRICT

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September 5. 20] 1Hon. Moses D. Wogbeh, Sr.Managing Director Liberia' s Forestry Development Authority Wbein Town. Mount Barclay Monrovia. Liberia Dear Hon Director:We are delighted to inform you that the cItizens including the Superintendents, Representatives. and

ofBeUe, aofa Konnch. Kulu Shaw, Jaedea,. Dugbeh"RiveJ.Bade; a t b o ~ Beawor. Zorzor,Volnjama,. Seekon. Gboe-Ploe, and Gbarma Districts met in a citizens meeting for the soul purpose ofdiscussing the possibility of granting 4!/.tut#t: Resource " Forest Venture ,& Soulh Ef.lS1i!m TimberC9mp4nv. a registered company operating under the Laws of the 'Republic of L i b e r i a ~ the right tosustainably manage and exploit the forest on their deeded land.Hon. Director. after lengthy deliberations, it \VBS agreed that the above companies be given the right tomanage said forest in their beloved Counties. In reaching this conclusion HOD. Wogbeh. we were mindfuland aJso took in to consideration that your institution through the Government of IJberia awarded PrivateUse Permits in various parts of Liberia in line with the New Forestry J..aw of Liberia.Against this backdrop Hon. Director, we are submitting a legal documentation, including MOU's, deedsand technical locations of said forest to your good offices for the p\lfPoses of issuing our company aPrivate Use Permit (PUP), In consonance with the Ne w National Forestry Law of 2006 and CommunityRights Law.Thanks in advance for your continued Wlderstanding.Sincerely yours

August AbrihamPlmm/.!lg JUolll;gcrAtlantic ( ' ~ ' ( i / J T C f ! S LoggingFile


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,,,... , REPUBLIC OF LmERIA MINISTRY OF LANDS, MINES AND ENERGY

p, O. BOX 10-9024 1000 MONROVIA10, LlllEJUA, WEST AFRICA TEL., (231) 22&-858, FAX:(231) 22&-281

Monday, October 03,2011

Hon. Moses D. wogbeh, Sr.MANAGING DIRECTORForeslry Development Anthority'Whe!n Town, MOunt BarclayMOilroVia, LIberiaDeM HOIL Viogbeh.We write_to pre.l;ent our c o m p l i m e n t s ~ ; a . n f l { l & . n ~ ~ r e c e l p . " ' l ' i ) t : t y ~ u r letter dated 26th August 2011.Ref. Np. lfDAJMDJOS/62-11, ~ q u e s t i n g the MinistryMorL-aud, Milles &;;B:uclgyto review, verify andauthenticate deeds pertaining to Kpo, Ougbeh River, laedea, Seawor, Zorzor, Voinjama, Seekon. Gboeploe, Gbarm3. Kulu-Shaw Boe, Gola Kormeh, Bellah nopolu and Koogba Districts for which wr.:;Me pleased 10 fumish you with ou r findings.After ploUing, analyzing and verification, it documentations submitted to theMinistry were all found correct and the land advising the Forestry Developmem ,Authority (FDA) to proceed with the granting Permit (PUP) in the mterestof the

p ~ ' \ ) p k of the abO'v>2" localities.This Ministry remains available is theseTruly yours,

File.


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~ - i \ ' : > ; ~ vIForestry Development AuthorityP.O. Box 10-3010

EJise SaHby's Compound Kappa House, Congo Town Monrovia, Liberia

MEMORANDUMTO: Moses D. Wogbeh, Snr.

51an((giJlg Difl!ClOfForestry' Del'ciol'mentAuthority

FROM: Towon Nventv""Acting GIS LabsTHROUGH: ! ~ ~ ~ ~ ~ ~ : : ' R ~ ~ - ~ .... ~ . ~ - ~

Subject: Verification of/J0p9/u, Kongb", Belle Yenah, Golo Konneh,Gbarmo, Be_. Voinioma, Zan",. Seelwn. KuJu-ShawBade OlInMarbo foJ'


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Field Patrn/During the period 2010-2011. the joint team patrolled a significant portion of the area andgathered detail information relating to ongoing multiple uses of the area, types ofvegetation., topology, and livclihood of communities dweHers within the parameters ofthe rorest.FindingsFoJlowing an intensive tour by the team they observed and authenticated that:

Ii,. New maps and technical descriptions were prepared for B o p o l l l ~ Kongba, ('lOlaKonneh, Gbarma, Belle, Voinj.ma, Beawor, Zorzor, and Seekon Districts thatexcluded the Gola National Forest, Alpha l..ogging and other concessions

..;. Indeed the Bopolu, Kongba, Gol. Konneh, Gbanna, Belle, Voinjama, Zorzordeeded land falls directly into proposed Forest Manag....ont ~ _ . . . " J > . - . - - - - - - - andM'

~ B e a w o r ~ Kulu Shaw Boe and Boe are un-encumbered but Bade forest is heavilyoccupied by mJnets Large portion of the area under lnvestigation:'consists of pnmary torest while atleast five percent is totally degraded. . Technically, the description in the Metes & Bounds on all the deeds are correct

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, ~ ; . , o / J ~, J ~ ~NOTARYCERTIFICATE

Me"!Ofandum of Understanding: by and between The People ofBeaWOT, Rivercess County, R.L.hcremaf'ler known and referred tv as the Party of the Frrst Part.And

_ Forest Venture Incorporation. herdnafrer known aod referred ro-iiSliie]'artyofthe seoonifFiI-n.a d 4;/,.. ""? " " e d ~ ~ .w. " " ' ~ " 0/eaa,.d". d W V ~" ' ' ' ' 4 ' ~ 4 01...,..PM?'"" iF"qL- - - " '" U < / j l f ~ m e n l i > ( ; / ,:".6. u,'r- 'r,) ;';'y ~ ~ d d "'" __ 4 en ""?~ ad ~ 'y o/a",/< ,:". k a"M< - . 0 ~ ae.4 ",."I&,;.,: a:....


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M E ~ O R A N D U M OF UNDERSTANDING (MOm Thi.MOV is enim:


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S. That the party ofthe second part will tAke initialive to have !alkswilh authorities of theFDA to conduct trainlJlg fo , tbe Community Forest Management Body (CFMB) to enablethem understand And play their role as officers and member:s.6. 1bat the party of the ,eeond part in carrying out its logging operations mt1St respect therights of the fust part in carrying out its traditional practices in caaformity wilhapplicable customary laws in particular that bas to do with animals! plants, medicinalplaut sites. hu:nling ground and non timber forest products.7. That the FDA must en:rure that 1lle operations of 1lle party of the second part are incompliance with exjsting f o r e ~ 1 ! ) ' laws.8. That the perrJ of the: secood part agrees to provide first pt'


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IN WITNESS WHEREOFWE HAVE AFFIXED OURSIGNATIlRES ON THEDATE FIRST ABOVE WRITTEN

WITNESS 4 t ~ , .. ~L ; ' ' i = t J : : ~ L .. ~ , . ff l/!ti/ip.!l..d!.CJ::.f'r f;' l o w M q ~ " , - ~ < U - - "~ ... Q . & . C I f t 1 6 . . ~ 2.l!7.d:''j...J3 {f .... G4 . ~ . . . . t t t . ; ~ ~ n . ..~

5 . . ~ ! p . m { {PARTY Ur'!!l:

A n ~ B Y _ / i ; : J : r ; ; : ' - r f , ~ r ~ . rj),A;7~ . ~ M1fI'

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IN WITNESS WHEREOFWE HAVE AFFIXED OURSIGNAU)RES ON TIIEDA;;{ir ABOVE WRITrEN

1 . . ~ .....J /,'Jl&U ~ ~ ' ' ' ' ' f J ~ . ( ~

~ ~ . u . ( ) ' b

PARTY OF11IE SEOOND PART

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MCllIor;!lldum of Undershmding by and between The PeopleBcawor, Rivercess County, iLL" hereinafter known and"irefcrred 10 at; the Party oftht" First Part,AND

Tffie &ecvno p,LET THIf!-BE IlEGISTERED

l' Mo. Co.l1l"ob.", thIs __ ...!..__ _~

~ N T H L Y & P"fooBKJ:B COURT. MO.

Radistered according to law, ," ,

f:3P ,p.y(6 .."" ! ,t' >...&

Vol r " ~ ~ ' " ~ : ) f a g e Ki ~ ' - - L --7',-, t-

'COUNTYOFfERED INTO PRODATE BYJONES & JONES

(Atto.'trGcy andCow:ucllon at Law)Monrovia. Liberia

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Pivate Use Permit Between Forestry Development Authority and the People of Beawor District Rivercess...

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