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Forestry Commission appeals Chief Justice order

Jul 03, 2008 News

The Guyana Forestry Commission has appealed a decision by Chief Justice Ian Chang, who on Monday ordered that the commission withdraw its closure notice directed to Toolsie Persaud Limited.
On April 23 last, the GFC had issued a closure order on a State Forest Concession leased to TPL for verified and reported admittance of breaches of procedure.
Following the notice of closure, TPL applied to the court for an order of mandamus. An order mandamus is a writ given by the court for any public official body to carry out some specific duty.
However, in response to this application, the GFC argued that an order mandamus was not one that could be granted. This prompted the company to request time to amend their application, despite strenuous objections from the GFC.
After three adjournments, the matter was fixed for Monday last, when the court made an order nisi absolute.
TPL moved to the court in April last to stop the Forestry Commission from enforcing a stop order on its Timber Sales Agreement. It also went to the court to disallow the Commission from collecting an $80M fine for reported breaches in harvesting regulations.
The court subsequently granted a temporary order.
Following the reported discovery of breaches by the company, Minister of Agriculture, Robert Persaud, announced that an audit revealed that the company was guilty of harvesting blocks for which no full percentage of inventory information had been submitted or approved by the Forestry Commission.
He said that, despite several meetings with the company, no one denied to the Commission that there were breaches.
During a press conference, Persaud stated that the company was also in breach of guidelines by harvesting blocks which were not stated in its Annual Operations Plan for last year.
The minister said that despite efforts by the Commission to encourage sustainable forest management practices, TPL had committed ‘blatant’ breaches, and when advised, moved to take legal actions.

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