(11) 6 "grith limit" means a particular size measured
along the circumference of a tree which is specified in
accordance with the ministerial regulations;
(12) "royalty" means the fees to be paid by the loggers
or collectors of forest products in accordance with this Act;
(13) "lumber mill" means a mill or a place established for the purpose of timber conversion including its periphery;
(14) "store for trading in lumber" means a selling place of lumber or a place where lumber, including its periphery,
is available for sale; (15) "marking hammer" means any instrument or implement made for the purpose of causing any marks or symbols other than
numerical figures on the timber which is controlled by
this Act;
(16) "competent officer" means a forest officer of any grade or any other person appointed by the Minister for the execution of this Act;
(17) "Minister" means the Minister in charge of the
enforcement of this Act.
SECTION 5. Royal Decrees or Notifications of the
Minister issued under this Act shall be duplicated and
affixed at the offices of District and Sub-Dstrict or at
public places in the localities concerned.
Part I
DETERMINATION OF RESERVED TIMBER SPECIES, ROYALTY AND
GIRTH LIMIT
SECTION 6. Reserved timber species are divided into
two categories, viz:
Category (A): Ordinary reserved timber species are
timber species for logging, comprised of those timber species
for which permission must be obtained from the competent
officer or which are granted concessions under this Act.
Category (B): Special reserved timber species are those
comprising rare species, or need to be preserved for which
logging permission cannot be granted, unless special
permission shall have been obtained from the Minister.
SECTION 7.7 Teak and Yang timber in the forests throughout the Kingdom are reserved timber species under
Category (A). Other species in the forests which are to be
reserved in any locality and under any category shall be
prescribed by a Royal Decree to that effect.
Any addition or deletion of reserved timber species
or changing the category status of any reserved timber species whichhasbeen prescribed by a Royal Decree, or determining anytimber as reserved
timber species under any category andinany locality other than the locality which
has been prescribed by a Royal Decree in accordance with the
provisionsof the foregoing paragraph, can be carried out by the issuance of a Royal Decree to that effect.
TheRoyalDecreeissued underthe provisions of the firstandsecondparagraph shall come into force after ninetydays fromthedate
uponitspublication
inthe Government
Gazette.
SECTION 8.8 The provisions of this Section was repealed
and no replacing text provided.
SECTION 9.9 The Minister is empowered to determine
the rates of royalty by publishing a notice in the Government
Gazette in the following manners:
(1) for the logging of reserved timber species of
Category (A), especially for teak timber, or reserved timber
species of Category (B), the rate of royalty shall be fixed
according to the kind, size and volume of the timber. Such
rate of royalty shall not exceed two hundred baht per cubic
meter;
(2) for the logging of other reserved timber species, the rate of royalty shall be fixed according to the kind and volume of the timber. Such rate of
royalty shall not exceed
eighty baht per cubic meter;
(3) for the logging of reserved timber species for
making firewood and charcoal, the rate of royalty shall be
fixed. Such rate of royalty shall not exceed five baht per
cubic meter. If already converted to charcoal, the rate of
royalty shall be double for that of logging of reserved
timber species for making firewood and charcoal;
(4) for the logging of reserved timber species or
making charcoal from reserved timber species, if it is
commonlysold asamatterofpractice atany standard other than the cubic meter, the rate of royalty may be fixed
diverting therefrom the provisions of (1), (2) and (3); but
such rate ofroyaltyshallnotexceed tenper centad-valorem
the value, being an average of those obtained in the Kingdom
of the reserved timber species or charcoal, as the case may
be.
SECTION 9.(bis), In cases where the Minister so advises, he shall deduct or waive from the royalty for any person who
has caused natural damages, to the extent necessary for any
particular case thereof.
SECTION 10. The Minister is empowered to set up the girth limit of reserved timber species by publishing a notice
in the Government Gazette.
Part II
LOGGING OF RESERVED TIMBER SPECIES
SECTION 11.10 Any person desiring to log out the timber
or to tap, chop, burn orinany way cause damage to any
reserved timberspeciesintheforestshallobtainpermission
from the competent officer or obtain a concession under this Act, and shall comply with the rules laid down in the
ministerial regulations or license. In issuing a license, the competent officer, having received the approval of the Minister, may grant a monopoly on
the conditions that the licensee shall pay to the government the monopoly fee as determined by the Minister.
In issuing a license, the Minister may grant a monopoly or concession for firewood or charcoal, may directly or indirectly issue a license only for a
forest which is very
distant and where there is scarcity of timber, or for logging
only forvaluable species or rare species.
In the consideration of issuing a license, the Minister
may grant a monopoly or concession under the provisions of
the foregoing paragraph, which shall be made by the
committee appointed by the Minister.
SECTION 11. (bis), In cases where the licensee under
Section 11, or concessionaire desiring to bring in any implement, tool, beasts of burden, vehicle or heavy equipment which is not owned by himself, for entrance tothe
permitted forest or concession, the licensee orconcessionaireofthesaid propertiesshall inform the fact to the
competent officer in advance within aperiod notlessthan
thirtydays in accordancewith theforms specifiedin the
ministerial regulations.
The propertiesof the first paragraph, the licensee or concessionaire is considered to have brought them into the
permitted forest or concession. If he fails to inform to the
competent officer under the provisions of the first paragraph, it shall be presumed that such properties are owned by thelicensee or concessionaire.
SECTION 12. Unless permission has been specified in
the license, no licensee shall log out any timber which bears
no impression of hammer marks by a competent officer authorizing the logging of the same.
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