Ministry of Forests, Lands and Natural Resource Operations

Forest Practices Code of BC Act

PART 11 - TRANSITIONAL PROVISIONS

DIVISION 5 - TIMBER SALE LICENCES, LICENCES TO CUT AND CHRISTMAS TREE PERMITS

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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



241. Timber sale licences that do not provide for cutting permits

241. (1) This section applies to a timber sale licence, that does not provide for cutting permits, advertised or entered into before June 15, 1995.

(2) Despite a provision in a timber sale licence referred to in subsection (1), if an area of land has been approved for harvesting under the timber sale licence before June 15, 1995, the district manager may amend the size, configuration or location of the area of land to the extent necessary to ensure consistency with resource management zone objectives, landscape unit objectives, sensitive area objectives and this Act, the regulations and standards, provided the volume authorized for harvest under the timber sale licence, as amended, based on a cruise of the timber before it is cut, does not exceed the volume of timber that, but for the amendment, would have been authorized for harvest under the timber sale licence.

(3) Despite a provision in a timber sale licence referred to in subsection (1), the district manager is not required under the agreement to approve an area of land for harvesting, unless its size, configuration and location is consistent with any resource management zone objectives, landscape unit objectives, sensitive area objectives and this Act, the regulations and standards.

(4) Despite section 11 of the Forest Act, if, as a result of the district manager exercising powers under subsection (2) or (3) or section 226 (6), the total cruised volume of timber on the area of land designated for harvest under the timber sale licence is less than the cruised volume of timber on the area of land designated for harvest before the exercise of these powers, the district manager may, by way of compensation, amend the timber sale licence to grant the right to harvest an additional area of land, provided the total cruised volume of timber on the area of land designated for harvest under the amended timber sale licence does not exceed the total cruised volume of timber on the area of land designated for harvest before the exercise of the powers under subsection (2) or (3) or section 226 (6).

(5) Subsection (4) does not apply to a timber sale licence entered into under a pulpwood agreement.




242. Licences to cut and free use permits

242. (1) A licence to cut or free use permit granted under the Forest Act before June 15, 1995 terminates on the happening of the earlier of the following:

(a) the date on which it expires or is surrendered;

(b) June 15, 1997.

(2) Despite subsection (1), if the district manager determines that a licence or permit referred to in subsection (1) does not conform with the requirements of this Act, the regulations and the standards, the district manager may

(a) amend the licence or permit to the extent necessary to comply with the requirements of this Act, the regulations and the standards, or

(b) cancel the licence or permit.


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