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Schedule B – Forest Development Plans
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Part B2 – Review and Comment
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District manager may require referral of plan
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70 |
(1) |
By notice in writing, the district manager may require a participant who submits for approval a forest development plan or amendment to refer the proposed plan or amendment for the period required in the notice to
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(a) |
the resource agencies specified in the notice by the district manager,
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(b) |
any government agency that is identified in the notice by the district manager, and
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(c) |
any person that may be materially affected by the proposed plan or amendment, and that is specified in the notice by the district manager.
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(2)
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A participant who receives a notice under subsection (1) must
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(a) |
comply with the requirements of the notice,
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(b) |
review all written comments received during the referral period, and
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(c) |
make any revisions to the proposed plan or amendment that the participant considers appropriate.
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(3)
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A participant who receives a notice under subsection (1) must submit to the district manager with the proposed plan or amendment
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(a) |
a copy of each written comment received under subsection (2) in respect of the proposed plan or amendment, and
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(b) |
a summary of all revisions made to the proposed plan or amendment under subsection (2).
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(4)
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If a forest development plan is referred to a resource agency, the agency may request that the participant who received the notice under subsection (1) send one or more of the assessments that are related to the plan to the resource agency within a reasonable time required in the notice, and the person must comply with the request.
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(5)
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A participant who is required to make a forest development plan available under subsection (1) (b) or (c) must make the assessments that are related to the plan, other than an archaeological impact assessment, available for review at the participant's place of business nearest to the area under the plan, or at another location specified by the district manager.
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Notice
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71 |
(1) |
Before a participant submits a forest development plan or amendment for approval, the participant must publish in a newspaper a notice, in a form acceptable to the district manager, stating that the forest development plan is available for public review and comment.
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(2)
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Despite subsection (1), notice is not required under that subsection if the district manager determines that
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(a) |
the plan or amendment
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(i) |
otherwise complies with this Schedule,
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(ii) |
is necessary to enable measures to be taken to address an emergency, and
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(iii) |
there is insufficient time to provide for review and comment for at least 10 days, or
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(b) |
the amendment
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(i) |
otherwise complies with this Schedule,
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(ii) |
will adequately provide for managing and conserving the forest resources of British Columbia for the area to which it applies, and
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(iii) |
does not materially change the objectives or results of the plan.
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(3)
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If a notice is not required under subsection (2) and the plan or amendment is approved under section 13, the participant responsible for preparing the amendment to the forest development plan must publish, in an issue of a newspaper, a notice of the exemption and approval, including a statement containing the following information:
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(a) |
the amendment to the forest development plan has been approved without having been made available for review and comment;
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(b) |
the reasons why implementation of the amendment must proceed without review and comment;
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(c) |
the date on which the operations are authorized to begin;
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(d) |
the number of days, at least 5 clear days, between the date of first publication and the date operations are to begin.
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Submitting forest development plan and assessments
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72 |
(1) |
A participant required to publish a notice under section 71 must submit to the district manager a copy of the forest development plan or amendment in the form that will be made available for review under section 73
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(a) |
at substantially the same time as a person first publishes the notice referred to in section 71, or
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(b) |
at any other time agreed to by the district manager and the participant.
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(2)
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On the request of the district manager, a participant who is responsible for a forest development plan must submit to the district manager a copy of any forest health assessment.
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Review
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73 |
(1) |
A participant who is required to publish a notice under section 71 must provide an opportunity to review a proposed forest development plan or amendment to members of the public interested in or affected by operations under the proposed plan or amendment in accordance with this Division.
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(2)
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If a forest health assessment has been completed, a participant who is required to provide an opportunity for review of the forest development plan or amendment, on the request of a person conducting a review of the plan under this section, must make the assessment available for viewing to that person to assist the review of the plan.
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(3)
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A participant who is required to provide a viewing of an assessment under subsection (2) must make it available at the participant's place of business nearest to the area under the plan or at another location specified by the district manager.
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(4)
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Subject to subsection (5), the opportunity for a review under subsection (1) must be for
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(a) |
a period of 60 days commencing on the date of the first publication referred to in section 71, except for a forest development plan or amendment referred to in paragraph (b), or
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(b) |
a period of at least 10 days, commencing on the date of the first publication referred to in section 71, if the entire forest development plan or amendment relates to an expedited major salvage operation.
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(5)
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Despite subsection (4) (a), by notice in writing given before the expiry of the 60 day period under subsection (4) (a) to a participant who is required to provide a review under this section, the district manager may extend the period for review under subsection (4) (a).
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(6)
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An opportunity for review provided to an interested or affected person under subsection (1) will be adequate only if, in the opinion of the district manager, the opportunity is commensurate with the nature and extent of that person's interest in the area under the plan and any right that person may have to use the area under the plan.
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Comments
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74 |
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A person who reviews a forest development plan or amendment under this Part may submit comments in writing during the period allowed for review under section 73 to the participant who publishes a notice under section 71.
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Scope of review and comment
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75 |
(1) |
A participant who is required to publish a notice under section 71 must consider all comments received during the period for review under section 73 in relation to proposed Category A cutblocks and proposed road construction, modification and deactivation and make any revisions to the proposed plan or amendment that the person considers appropriate.
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(2)
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Despite subsection (1), neither the participant who is required to publish a notice under section 71 nor the district manager is required to consider or address a comment with respect to
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(a) |
a cutblock that is included as part of the most recently approved forest development plan as a Category A cutblock, or
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(b) |
a road that has been included as part of a previously approved forest development plan.
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Submitting a proposed forest development plan and comments
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76 |
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A participant who submits a forest development plan or amendment for approval must submit with the proposed forest development plan or amendment
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(a) |
a copy of the notices that were published under section 71 in respect of the proposed forest development plan or amendment,
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(b) |
a copy of each written comment received in respect of the proposed forest development plan or amendment, and
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(c) |
a summary of all revisions made to the proposed forest development plan or amendment under section 75 (1).
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