Understanding the legality of rights, permits and certificates to harvest naturally occurring timber in Ghana
Summary
The document identifies three recognized felling permits in Ghana: Timber Utilisation Contracts (TUCs), Salvage Permits (SPs), and Timber Utilisation Permits (TUPs), while distinguishing the Certificate of Purchase (CoP) as a proof of ownership rather than a felling permit. It emphasizes that TUCs, as grants of natural resource rights, require parliamentary ratification under the 1992 Constitution. The briefing warns that a provision in the Timber Resources Management Act (Amendment) Act 2002 may be unconstitutional if used to grant timber rights without such ratification. Finally, it notes that only TUCs, SPs, and CoPs are recognized as legal sources of timber under the Voluntary Partnership Agreement (VPA) for export to the European Union.
Key insights
- There are three specifically recognized types of felling permits for naturally occurring timber in Ghana: the Timber Utilisation Contract (TUC), the Salvage Permit (SP), and the Timber Utilisation Permit (TUP).
- The Timber Utilisation Contract (TUC) is the primary right to harvest naturally occurring timber; it is signed by the Minister, acquired through competitive bidding, and must be ratified by Parliament.
- Salvage Permits (SPs) are administrative permits issued by the Forestry Commission to harvest trees from areas undergoing development, such as road construction or farm cultivation, and do not require parliamentary ratification.
- Timber Utilisation Permits (TUPs) are small-scale permits for social or community purposes; timber harvested under these permits is prohibited from being sold or exported.
- A Certificate of Purchase (CoP) is not a felling permit but serves as legal proof of ownership for timber that has been seized or abandoned, allowing it to be legally sold and exported.
- A provision in the Timber Resources Management (Amendment) Act 2002 (Act 617) that appears to allow the Minister to issue other administrative permits is described as potentially unconstitutional if used to bypass parliamentary ratification for natural resource rights.
- Under the Voluntary Partnership Agreement (VPA) between Ghana and the European Union, only TUCs, SPs, and CoPs are recognized as legal sources of timber; other permits do not allow for legal export to the EU.
Cite the original document
- APA
- ClientEarth (2013). Understanding the legality of rights, permits and certificates to harvest naturally occurring timber in Ghana. https://www.clientearth.org/media/1itldxzt/2013-04-01-understanding-the-legality-of-rights-permits-and-certificates-to-harvest-naturally-occuring-timber-in-ghana-ce-en.pdf
- Chicago
- ClientEarth. Understanding the legality of rights, permits and certificates to harvest naturally occurring timber in Ghana. 2013. https://www.clientearth.org/media/1itldxzt/2013-04-01-understanding-the-legality-of-rights-permits-and-certificates-to-harvest-naturally-occuring-timber-in-ghana-ce-en.pdf.
- Wikipedia
- {{cite report |author=ClientEarth |title=Understanding the legality of rights, permits and certificates to harvest naturally occurring timber in Ghana |date=April 2013 |url=https://www.clientearth.org/media/1itldxzt/2013-04-01-understanding-the-legality-of-rights-permits-and-certificates-to-harvest-naturally-occuring-timber-in-ghana-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{clientearth2013understanding, author = {{ClientEarth}}, title = {{Understanding the legality of rights, permits and certificates to harvest naturally occurring timber in Ghana}}, institution = {ClientEarth}, year = {2013}, month = apr, url = {https://www.clientearth.org/media/1itldxzt/2013-04-01-understanding-the-legality-of-rights-permits-and-certificates-to-harvest-naturally-occuring-timber-in-ghana-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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