Forest Practices Code of BC Act

PART 11 - TRANSITIONAL PROVISIONS

DIVISION 4 - GRANDPARENTING PERMITS AND PERMITS DURING THE 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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

238. (1) A road permit granted under the Forest Act before the coming into force of this Act terminates on the happening of the earlier of the following:

(a) the date on which it expires, is surrendered, cancelled or otherwise terminated;

(b) June 15, 1997.

(2) The holder of a road permit referred to in subsection (1) that, except for subsection (1) would have extended beyond June 15, 1997, may apply for a replacement road permit or road use permit, as the case may be, and subject to subsection (3) and section 225 (7), the district manager must issue the permit providing the applicant with substantially the same rights as were contained in the original road permit.

(3) If the district manager determines that, at the time of the application under subsection (2), the applicant was in contravention of the conditions of the original road permit, the district manager may

(a) refuse to issue the road permit or road use permit, or

(b) specify any additional conditions in the permit that the district manager determines to be reasonable and appropriate.

(4) A road permit or road use permit issued under subsection (2) or (3) must comply with the requirements of the Forest Act.

240. (1) Every special use permit issued under the Forest Act and regulations that is in effect on June 15, 1995 is deemed to be a special use permit under this Act and the regulations.

(2) A permit referred to in subsection (1) does not have to comply with the content requirements of this Act, the regulations or the standards.

(3) Subject to subsection (2), a holder of a permit referred to in subsection (1) must comply with this Act, the regulations and the standards.

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

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

(b) cancel the permit.

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