Forest Practices Code of BC Act

PART 11 - TRANSITIONAL PROVISIONS

DIVISION 2 - GRANDPARENTED PLANS

NOTE: This is not the current version of the Forest Practices Code. This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

For the current version click here

• TABLE OF CONTENTS
• PART 1 - DEFINITIONS
• PART 2 - STRATEGIC PLANNING, OBJECTIVES AND STANDARDS
• PART 3 - OPERATIONAL PLANNING REQUIREMENTS FOR GOVERNMENT AND FOR FOREST AND RANGE TENURE AGREEMENTS
• PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT
• PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL
• PART 6 - COMPLIANCE AND ENFORCEMENT
• PART 7 - GENERAL
• PART 8 - FOREST PRACTICES BOARD
• PART 9 - FOREST APPEALS COMMISSION
• PART 10 - REGULATIONS
• PART 10.1 - PILOT PROJECTS TO IMPROVE THE REGULATORY FRAMEWORK FOR FOREST PRACTICES
• PART 11 - TRANSITIONAL PROVISIONS
  • DIVISION 1 - APPLICATION OF THIS ACT
  • DIVISION 2 - GRANDPARENTED PLANS
  • DIVISION 3 - OPERATIONAL PLANS DURING TRANSITIONAL PERIOD
  • DIVISION 4 - GRANDPARENTING PERMITS AND PERMITS DURING THE TRANSITIONAL PERIOD
  • DIVISION 5 - TIMBER SALE LICENCES, LICENCES TO CUT AND FREE USE PERMITS
  • DIVISION 6 - IMPLEMENTATION REGULATIONS
  • DIVISION 7 - Incorporation of Access Management Plans into Forest Development Plans
  • DIVISION 8 - Logging Plans and Silviculture Prescriptions
  • DIVISION 9 - RIPARIAN AND TERRAIN STABILITY REQUIREMENTS ON AND AFTER JUNE 15, 1997

224. (1) This Division applies to the following plans:

(a) a development plan or 5 year development plan prepared by the holder of an agreement under the Forest Act that was approved by the district manager and is in effect on June 15, 1995;

(b) any plan for development of areas subject to timber sale licences other than major licences that was prepared by the district manager and is in effect on June 15, 1995;

(c) an operating plan prepared by the holder of a timber licence that was approved by the district manager and is in effect on June 15, 1995;

(d) a logging plan prepared by the holder of an agreement under the Forest Act that was approved by the district manager, or other authorized person, and is in effect on June 15, 1995;

(e) a logging plan prepared by the district manager, or other authorized person, for a timber sale licence other than a major licence, that is in effect on June 15, 1995;

(f) a preharvest silviculture prescription or silviculture prescription that was prepared or approved by the district manager and is in effect on June 15, 1995;

(g) a tenure management plan prepared or approved under the Range Act, or a plan approved as part of an agreement under the Range Act respecting the use and development of Crown range, that is in effect on June 15, 1995.

(2) A plan referred to in subsection (1) (a), (b) or (c) is deemed to be a forest development plan under this Act and remains in effect until the first to happen of the following:

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated;

(b) the plan is replaced with a forest development plan prepared in accordance with this Act;

(c) June 15, 1997.

(3) A plan referred to in subsection (1) (d) or (e) is deemed to be a logging plan under this Act and remains in effect until the first to happen of the following:

(a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated;

(b) the forest practices required on the area under the plan are completed to the satisfaction of the district manager;

(c) the plan is replaced with a logging plan prepared in accordance with this Act.

(4) A prescription referred to in subsection (1) (f) is deemed to be a silviculture prescription under this Act and remains in effect until the first to happen of the following:

(a) a free growing stand is produced on the area under the prescription;

(b) the prescription is replaced with a silviculture prescription prepared in accordance with this Act.

(5) A plan referred to in subsection (1) (g) is deemed to be a range use plan under this Act and remains in effect until the first to happen of the following:

(a) the agreement for which the plan was prepared expires or is cancelled, surrendered or otherwise terminated;

(b) the plan is replaced with a range use plan prepared in accordance with this Act;

(c) June 15, 1997.

(6) An operational plan referred to in subsections (2) to (5) does not have to meet the content requirements or any public review requirements that are prescribed under this Act.

(7) [Repealed]

225. (1) On or before December 15, 1995, the holder of a major licence or woodlot licence must, in accordance with this section and the regulations, submit a report to the district manager regarding

(a) cutblocks identified in a cutting permit issued, or an application for a cutting permit submitted, before the coming into force of this Act,

(b) cutblocks identified on a forest development plan referred to in section 224 (2) for which

(i) the holder may apply for a cutting permit, or

(ii) the holder of a pulpwood agreement may apply for a timber sale licence, and

(c) roads to be constructed under a road permit, cutting permit or timber sale licence under a pulpwood agreement associated with the holder's agreement.

(2) The holder must assess the cutblocks referred to in subsection (1) for conformity with the regulations and standards respecting cutblock size and green-up.

(3) The holder must assess the cutblocks and roads referred to in subsection (1) for conformity with the regulations and standards respecting the following:

(a) the location of the cutblocks and roads relative to high value fish bearing streams as identified by a designated environment official;

(b) community watersheds;

(c) terrain hazard assessment;

(d) other matters required by regulation.

(4) The report submitted by the holder must indicate the cutblocks and roads that

(a) conform with the regulations and standards referred to in subsections (2) and (3), and

(b) do not conform and the reasons they do not conform.

(5) After reviewing the report, the district manager, in a notice given to the holder, must

(a) identify, in accordance with policies and procedures established by the minister under section 227,

(i) cutting permits and road permits that require amendment, and

(ii) operational plans referred to in section 224 that the holder must amend to satisfy the district manager that the cutblocks and roads will be consistent with conservation and good management of the forest resources, and

(b) specify the date by which the amendments referred to in paragraph (a) (ii) must be prepared to the satisfaction of the district manager.

(6) The holder who receives a notice under subsection (5) must prepare and submit any amendments to operational plans required in the notice.

(7) If a holder fails to submit a report as required under subsection (4), or fails to comply with a notice under subsection (5), the district manager may suspend, in whole or in part, the rights of the holder in accordance with section 76 of the Forest Act.

(8) The district manager may amend any cutting permit or road permit in accordance with the notice.

226. (1) On or before December 15, 1995, the district manager must, in accordance with this section and the regulations, submit a report to the regional manager regarding

(a) cutblocks under timber sale licences that are not major licences, advertised or entered into before the coming into force of this Act, and

(b) roads proposed to be constructed to provide access to the cutblocks referred to in paragraph (a).

(2) The district manager must assess the cutblocks referred to in subsection (1) for conformity with the regulations and standards respecting cutblock size and green-up.

(3) The district manager must assess the cutblocks and roads referred to in subsection (1) for conformity with the regulations and standards respecting the following:

(a) the location of the cutblocks and roads relative to high value fish bearing streams identified by a designated environment official;

(b) community watersheds;

(c) terrain hazard assessment;

(d) other matters required by regulation.

(4) The report prepared by the district manager must

(a) indicate those cutblocks or roads that the district manager has determined conform with the requirements of the regulations and standards referred to in subsections (2) and (3) and those that do not conform, and

(b) include a plan specifying how cutblocks or roads that do not comply with the requirements of the regulations and standards referred to in subsections (2) and (3) will be made to comply with those requirements.

(5) If directed by the regional manager, the district manager must amend operational plans referred to in section 224 that were prepared by the district manager to the extent required to implement the plan referred to in subsection (4) (b).

(6) If the district manager amends an operational plan under subsection (5), he or she may amend timber sale licences referred to in subsection (1) (a) to the extent necessary to comply with the amended operational plan.

(7) In making an amendment under subsection (5) or (6), the district manager must do so in accordance with

(a) any directions of the regional manager, and

(b) policies and procedures established by the minister under section 227.

227. (1) For the purposes of section 225 or 226 the minister may establish, vary or rescind policies and procedures respecting amendments to

(a) cutting permits,

(b) road permits,

(c) timber sale licences that do not provide for cutting permits, and

(d) operational plans.

(2) The policies and procedures established, varied or rescinded under subsection (1) must be made available for inspection by any person.

228. (1) An amendment to an operational plan referred to in section 224, other than a silviculture prescription,

(a) prepared or approved by the district manager on or before December 15, 1995, need not comply with the content and review and comment requirements of this Act and the regulations but must, at a minimum, meet the requirements that applied to the operational plan under the agreement for which it was prepared, and

(b) prepared or approved by the district manager after December 15, 1995 must

(i) meet the review and comment requirements of this Act and the regulations,

(ii) substantially meet the other requirements of this Act, the regulations and the standards, and

(iii) meet the requirements of the agreement for which it was prepared, to the extent the agreement is consistent with this Act, the regulations and the standards.

(2) Despite subsection (1) (a), if the district manager determines that an amendment referred to in that subsection regarding cutblocks or roads does not conform with the regulations and standards referred to in section 225 (2) and (3), the district manager may require a modification to the amendment to the extent necessary to satisfy the district manager that the cutblocks and roads will be consistent with conservation and good management of the forest resources.

(3) An amendment to an operational plan referred to in section 225 (5) or 226 (5) is not required to meet the content requirements or the review and comment requirements of the Act and the regulations, but must meet the notice requirements of section 225 or 226, as the case may be.

(4) If a silviculture prescription referred to in section 224 (4) is amended, section 232 applies.

(5) [Repealed].

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