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Submissions :

Chaninat & Leeds has assisted with content preparation for the Thailand Law Forum.  Managed by an American lawyer, the law firm oversees all types of legal assistance, including property law and corporate registration, as well as family law, including surrogacy in Thailand.


 

SECTION13.11 Nolicensee shalllogout any timber of a sizebelowthe girth limit. However, if there is a natural
disaster or other event where it is necessary to assistthe public, the Minister may, on considering that special case
arises, grant special temporary permission to log out timber of a size below the girth limit.

If the logging of any timber of a size below the girth limithasbeen granted by the Minister under the provisions
of thefirstparagraph, thelicensee shall not log out any timber unless it bears impression of hammer marks ofa
competent officer authorizing the logging of the same or unlessit otherwise cannot be impressed with hammer marks and permission hasbeen specified in the license to log out the timber without bearing impression of hammer marks.

SECTION 14.12 The licensee shall pay a royalty according to the following prescriptions:

(1) advance royalty shall be paid at the rate of two baht per log or per tree after receiving the license from the competent officer, unless otherwise provided for at any place where the Provincial Government Board, with the approval of theMinister, publishes a notification to waiveadvance royalty or to reduce from the said rate, in which cases the payment or non-payment of advance royalty shall be as such.

For the logging of teak timber, the licensee shall have to pay advance royalty at such a rate as has been notified
by the Provincial Government Board, with the approval of the Minister, or at such rate as has been fixed by the Minister on each particular case basis.

For the logging of timber for firewood or charcoal, no advance royalty needs to be paid.
(2) royalty shall be paid within thirty days from the date on which the competent officer has notified the licensee
of the amount of royalty to be paid.

If the licensee fails to pay the royalty within the period specified in the foregoing paragraph, the ownership of
the timber, firewood and charcoal shall belong to the government, unless it has otherwise been provided that the
licensee has been permitted to defer the payment of the royalty in accordance with the rules specified in the
ministerial regulations. In the event that the advance royalty had been paid, and the timber logged out within the
specified period in the license, any excess of timber from advance royalty paid shall revert back to the government.

SECTION 14.(bis), Subject to the provisions of Section 14 shall not apply to the licensee where teak timber is
logged out onland with tittle deedin accordance with the Land Code for domestic purposes, and it shall not apply to
the licensee whereyang timber islogged out on land with Nor. Sor. 3 certificate or tittle deed in accordance with the Land Code for personal domestic purposes.

SECTION 15.13 In paying a royalty for any reserved timber species, if the licensee prefers to pay after the timber has been converted to lumber, the royalty is to be paid on the volume of the lumber and shall be double the rate specified for such timber.

SECTION 16. The advance royalty which had been paid in accordance with the provisions of Section 14.(1) shall
be deducted from the total royalty assessable on the timberloggedout and a deficit, if there is any, shall be madegood bythe licensee. If the timber is not logged out tothefullamount specified in the license, and it is not caused by force majeure and if after the calculation has been made, the royalty is found to be less than the advance royalty paid, the excess amount thereof shall revert back to the government.

If no timber at all is logged out and it is not caused by force majeure, or if the license is cancelled on account
of the licensee's violation, the advance royalty paid shall revert back to the government.

SECTION 17. The provisions of this Part shall not be applied to the following cases:
(1) a competent officer is carrying out forest improvement, scientific research or experiment;
(2) a person is collecting, for domestic purposes, the odds and ends of timber or fallen dead trees of a character
suitable for firewood, and not of teak or reserved timber species of Category (B).

SECTION 18.14 Ifthereis anaturaldisaster or other event where it is necessary to asist the public, theMinster
may,on considering that any special case arises, temporary grant logging permission to specific person extract timberin differentfrom those notified in the ministerial regulations.

Part III
WAIVER FROM ROYALTY 15

SECTION 19, 20, 21, 22, 23 and 24 were repealed, no replacing provisions.

Part IV
NON-RESERVED TIMBER SPECIES

SECTION 25.16 Any person who transports non-reserved timber species into the limit of any Forest Check Point,
shall pay royalty at the rates as specified in the ministerial regulations, except for personal domestic purposes in the locality of logging concerned.

Iftimber is transported into the limit more than one of Forest Check Point, the royalty shall be paid only to the
first Forest Check Point.

SECTION 26.17 The Minister is empowered to prescribe, by publishing a notice in the Government Gazette, fixed rates of royalty under the provisions of Section 25, not exceeding forty bahtper cubicmeter. If it is commonly sold as a matter of practice at anystandard other than the cubic meter, the rates of royalty may be fixed diverting there- from, butsuchrates shallnot exceed ten per cent of the local marketad-valorem, thevaluebeing an average of those
items obtained in the local market for the kind of timber concerned.

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