Forest Practices Code of BC Act

PART 11 - TRANSITIONAL PROVISIONS

DIVISION 3 - OPERATIONAL PLANS DURING TRANSITIONAL PERIOD

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

230. (1) Despite section 18 or 19, if the district manager prepares a forest development plan or amendment or approves a forest development plan or amendment submitted by the holder of an agreement under the Forest Act on or before December 15, 1995, the plan or amendment

(a) need not comply with the content and review and comment requirements of this Act and the regulations, and

(b) must, at a minimum, meet the requirements that, immediately before June 15, 1995, applied to a forest development plan under

(i) the agreement of the holder who submitted the plan, or

(ii) the policies or guidelines of the government for the plans referred to in section 224 (1) (b).

(2) Despite subsection (1), if the district manager determines that a forest development plan or 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 plan or 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) Despite section 18 or 19, during the 18 month period that begins on December 15, 1995, if the district manager prepares or approves a forest development plan or an amendment to a forest development plan, the plan or amendment must

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

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

(c) 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.

231. Despite sections 20 and 21, if the district manager approves a logging plan or an amendment to a logging plan on or before December 15, 1995, the plan or the amendment need not comply with the content and review and comment requirements of this Act and the regulations but must, at a minimum, meet any requirements that, immediately before June 15, 1995, applied to it under the agreement of the person who submitted the plan.

232. (1) Despite section 22 (3) or (4), if on or before December 15, 1995, the district manager approves a silviculture prescription or an amendment to a silviculture prescription, the prescription or amendment need not comply with the requirements of this Act and the regulations but must, at a minimum, comply with the requirements of sections 10 to 14 of the Silviculture Practices Regulation, B.C. Reg. 42/94, as it was immediately before June 15, 1995.

(2) Despite section 22 (1), if on or before December 15, 1995, the district manager prepares a silviculture prescription or an amendment to a silviculture prescription, the prescription or amendment

(a) need not comply with the requirements of this Act and the regulations, and

(b) must, at a minimum, comply with the requirements of sections 10 to 14 of the Silviculture Practices Regulation, B.C. Reg. 42/94, as it was immediately before June 15, 1995.

(3) Without limiting subsections (1) and (2), if

(a) more than 6 months after June 15, 1995

(i) the district manager approves a silviculture prescription or an amendment to a silviculture prescription, or

(ii) the district manager prepares a silviculture prescription or an amendment to a silviculture prescription, and

(b) a forest development plan in effect for the area for which the prescription applies has not been the subject of review and comment under the regulations,

the person who submitted the silviculture prescription or amendment for approval or the district manager who prepared the prescription must make the prescription or any amendment to the prescription that the district manager determines would affect the public in a material way, available for review and comment in accordance with sections 12 to 14 of the Silviculture Practices Regulation, B.C. Reg. 42/94, as it was immediately before June 15, 1995.

(4) [Repealed]

237. (1) Despite section 27, if on or before June 15, 1996,

(a) the district manager approves a range use plan or an amendment to a range use plan, or

(b) a district manager prepares a range use plan or an amendment to a range use plan

the plan or amendment need not meet the content and review and comment requirements of this Act and the regulations.

(2) Despite section 27, if during the 18 month period that begins June 15, 1996 the district manager prepares or approves a range use plan or an amendment to a range use plan, the plan or amendment must

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

(b) be in substantial compliance with the other requirements of this Act and the regulations.

(3) Despite section 27, a range use plan approved under subsections (1) and (2) may be for a term less than that specified in section 27.

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