Forest Practices Code of BC Act

PART 11 - TRANSITIONAL PROVISIONS

DIVISION 8 - Logging Plans and Silviculture Prescriptions

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

246. (1) Subject to subsection (2), if a logging plan is approved or put into effect by the district manager before June 15, 1998, the logging plan remains in effect until the first to happen of the following:

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

(b) the district manager notifies the holder of the logging plan that the forest practices required on the area under the plan have been completed to the satisfaction of the district manager.

(2) A logging plan continues to be a requirement for an area if

(a) before June 15, 1998

(i) a silviculture prescription is submitted for the approval of the district manager or is approved by the district manager or, in the case of a silviculture prescription that must be prepared by the district manager, the silviculture prescription is signed and sealed by a registered professional forester or is given effect by the district manager, or

(ii) the district manager exempts a person from the requirement for a silviculture prescription for the area, and

(b) the law in effect immediately before June 15, 1998 requires a logging plan.

(3) The law as it was immediately before June 15, 1998 with respect to logging plans, including, without limitation, the law respecting offences and administrative remedies related to logging plans, continues to apply to a logging plan referred to in subsection (1) or (2), except that

(a) the provisions set out in section 106 to 119 of the Forests Statutes Amendment Act, 1997, apply when brought into force,

(b) a regulation made pursuant to the provisions referred to in paragraph (a) or under the authority of a regulation making power referred to in section 128 or 129 of the Forests Statutes Amendment Act, 1997, applies, and

(c) an enactment that is made to apply explicitly or by necessary implication, applies.

247. [Repealed February 26, 2001]

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