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Regulations
- Forest Practices Code of BC Act RANGE PRACTICES REGULATION
Contents
B.C. Reg. 177/95 Deposited April 12, 1995
O.C. 0435/95 effective June 15, 1995 (Consolidated to August 5, 2003)
- PART 1 - DEFINITIONS
- PART 2 - RANGE DEVELOPMENTS
- PART 3 - RANGE PRACTICES
- PART 4 - ENFORCEMENT
1. In this regulation:
"Act" means the Forest Practices Code of British
Columbia Act;
"newspaper" means
(a) for the purposes of section 2.1, a newspaper circulating in the area
where the consent under section 101 of the Act is being sought, or
(b) for the purposes of section 9, a newspaper circulating in the
community where the livestock have been seized
and includes a newspaper that is free or does not have subscribers, and
if no newspaper circulates in the community or area, a newspaper that circulates nearest
to the community or area;
"range
readiness criteria" means criteria that indicate when the range is ready for
grazing or harvesting based on a combination of soil moisture conditions and the
phenological stage of plants;
"riparian area" means an area of land that
(a) is adjacent to a stream, river, lake or wetland, and
(b) contains vegetation that, due to the presence of water, is
distinctly different from the vegetation of adjacent upland areas;
"stream" means a watercourse, having an alluvial
sediment bed, formed when water flows, on a perennial or intermittent basis, between
continuous definable banks;
"surface soil erosion" means, for an area where a
forest practice has been carried out, the movement of soil particles from the area by
wind, gravity or water at a rate that is greater than that which would have occurred had
the forest practice not been carried out;
"wetland" means a swamp, marsh, bog or other similar
area that supports natural vegetation that is distinct from adjacent upland areas.
2. If there is a conflict between the Workers Compensation Act,
or a regulation under that Act, and this regulation, the Workers Compensation Act,
or the regulation made under that Act, prevails.
2.1 (1) In this section, "proposal" means a
written description of the matter for which a consent is sought by a person under section
101 of the Act.
(2) If the district manager determines that a person must submit a
proposal to a review, the district manager must by notice in writing given to the person,
require that person to do the following:
(a) submit a copy of the proposal to the district manager before the
publication of the notice under paragraph (b);
(b) publish a notice, in a form satisfactory to the district manager, in
a newspaper stating that the proposal is available for public review and comment;
(c) provide an adequate opportunity for review and comment to the public
for a period of at least 60 days from the date of publication, or a shorter period
specified in the written notice if the district manager is satisfied that the shorter
period will provide adequate opportunity for review and comment.
(3) The district manager may by notice in writing given to the person
referred to in subsection (1), require that person to refer the proposal to a person or
government agency specified in the written notice.
(4) A person that receives a written notice under subsection (1) or (2)
must
(a) comply with the requirements of the notice,
(b) review all written comments received during the review or referral
period, and
(c) make any revisions to the proposal that the person considers
appropriate.
(5) A person that receives a written notice under subsection (1) or (2)
must submit to the district manager
(a) a copy of each written comment received under subsection (1) (c) or
(2), and
(b) a summary of revisions made to the proposal, if any, resulting from
these comments.
(6) The district manager must require a person to submit a proposal for
review and comment under subsection (1) unless the district manager is satisfied that the
proposal
(a) meets the requirements of the Act, regulations and standards,
(b) will adequately manage and conserve the forest resources of the area
to which it applies, and
(c) does not affect the public in a material way.
3. A holder of an agreement under the Range Act must not,
on Crown range within a community watershed, construct
(a) a range development in a manner that will encourage livestock to use
an area within 50 m of a stream,
(b) a livestock trail that abuts or crosses a stream except as approved
by the district manager,
(c) a cabin within 50 m of a stream, or
(d) a livestock corral within 50 m of a stream.
4. (1) A person who constructs or carries out a range development
must, as part of the construction or development, ensure that any exposed soil that will
support vegetation on the area is treated by
(a) seeding it within 1 year of finishing the construction or
development with a seed mixture that in the district manager's opinion
(i) will revegetate the area, and
(ii) is consistent with higher level plans for that area, and
(b) revegetating it within 2 years of finishing the construction or
development with species that in the district manager's opinion
(i) will grow to maturity in the area, and
(ii) are consistent with higher level plans for that area.
(2) The district manager may exempt a person from the requirements of
subsection (1) if the district manager is of the opinion that
(a) the area affected is too small to warrant treatment, or
(b) treatment is not required because
(i) satisfactory revegetation will take place without treatment, and
(ii) significant amounts of surface soil erosion and invasion by noxious
weeds are not likely to occur.
5. (1) A holder of an agreement under the Range Act must
maintain in an effective operating condition a range development that is on the area
subject to the range use plan, unless the district manager exempts the holder from this
requirement or the holder is ordered to remove the range development under section 73 (2)
(c) of the Act.
(2) The district manager may exempt a holder under subsection (1) on
being satisfied that the range development
(a) does not provide a net benefit to the use and management of the
range resource,
(b) does not adequately protect other forest resource values, and
(c) will not create or become a hazard to public or animal safety if
left unmaintained.
(3)Subsection (1) does not apply to a range development that is
constructed by a person under a consent granted under section 101 (1) (b) of the Act if
the maintenance of the development by that person has been made a condition of the
consent.
5.1 For the purposes of section 96 (1) (g) of the Act, a person
is authorized to cut, damage or destroy Crown timber in the course of carrying out
activities under a range use plan or a consent granted under section 101 of the Act.
- 5.2 (1) A person who carries out an activity in a wildlife habitat area under a range use plan, or a consent granted under section 101 of the Act, must carry it out in accordance with general wildlife measures that are:
(a) established for application within the wildlife habitat area, and
(b) identified in a notice given to the person by the district manager.
(2) A notice referred to in subsection (1) is effective on the date specified in the notice.
5.3 A person who builds an excavated or bladed trail in accordance with the regulations and standards, and as provided by a consent under section 101 of the Act, is exempt from the requirements of section 68 (1) of the Act.
5.4 (1) A person is exempt from the requirements of section 74 of
the Act respecting a range development for which a consent under section 101 of the Act is
granted.
(2) A person is exempt from the requirement to obtain the consent of the
district manager under section 101 of the Act for a range development if the person
complies with section 74 of the Act with respect to the range development.
Range readiness criteria
5.5 (1) The holder of an agreement under the Range Act must not graze livestock on Crown range
(a) until range readiness criteria are met in a key area that serves as the monitoring site for Crown range, despite dates indicated in an approved range use plan, or
(b) before the dates indicated in an approved range use plan, unless written approval
is given by the district manager, despite range readiness criteria being met.
(2) Despite harvesting dates in an approved range use plan for hay cutting, harvesting
must not occur on Crown range until range readiness criteria are met.
Livestock removal
5.6 The holder of an agreement under the Range Act must remove livestock
from Crown range at the earliest of:
(a) the date set out in the range use plan, and
(b) the date the average stubble height for key areas is met
unless a written exemption is given by the district manager.
6. (1) A holder of an agreement under the Range Act must
not, while carrying out an activity under the agreement, permit the tracks or wheels of
ground-based machinery within 5 m of a stream bank except
(a) for carrying out fire fighting activities,
(b) in response to natural disasters,
(c) at stream crossings authorized by the district manager, or
(d) if operations will be conducted in such a manner that they protect
stream banks and minimize damage to understory vegetation.
(2) The district manager or a person authorized by the district manager
may exempt a person from the requirements of subsection (1) if
(a) the machinery is operated
(i) to construct or maintain a range development or a utility,
(ii) to construct or maintain a work to carry out an activity within or
adjacent to streams for the purpose of controlling soil erosion, protecting stream banks
or managing fisheries or wildlife,
(iii) for livestock management, or
(iv) for an activity similar to one described in subparagraphs (i) to
(iii), or
(b) in the opinion of the district manager
(i) no other practicable option exists for carrying out the activity, or
(ii) operating the machinery more than 5 m from the stream bank will
create a higher risk of sediment delivery.
(3) A holder of an agreement under the Range Act must not, while
carrying out an activity under the agreement, fuel or service machinery in a riparian area
other than machinery that is
(a) hand held,
(b) required for fire fighting,
(c) broken down and requires fuelling or servicing to be moved,
(d) authorized in an agreement under the Range Act, or
(e) authorized by the district manager to be fuelled or serviced in the
area.
7. (1) A person who owns or is responsible for livestock under an agreement under the Range Act, must remove the livestock from a community watershed on Crown range and not allow livestock to enter the community watershed if previous use by livestock that the person owns or is responsible for in the community watershed has caused the quality of water to fail to meet the water quality objectives established by the Ministry of Water, Land and Air Protection.
(2) Despite subsection (1), a holder of an agreement under the Range Act may allow livestock under the agreement to enter a community watershed on Crown range if the district manager and a designated environment official agree that sufficient measures have been taken to prevent the reduction of water quality referred to in subsection (1) from recurring.
(3) A holder of an agreement under the Range Act must not allow livestock use in a riparian area of a community watershed if the use would result in fecal deposits, trampling of vegetation, deposit of sediments or exposure of
mineral soil to an extent that the district manager determines to be detrimental.
(4) If dead livestock belonging to the holder of an agreement under the Range Act are discovered less than 100 m from a stream in a community watershed, the holder must within 24 hours or as soon as possible after that move the livestock to a distance of at least 100 m from the stream.
Removal of livestock from an area where
a free growing stand is being established
 7.1 (1) In this section "area where a free growing stand is being established" means an area
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(a) that is subject to a site plan or a silviculture prescription, and
(b) on which a free growing stand is required to be established under the Act and regulations.
(2) By notice given to a holder of an agreement under the Range Act, the district manager may require the holder
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(a) to remove livestock from an area where a free growing stand is being established, and
(b) to prevent livestock from entering an area where a free growing stand is being established,
if, in the opinion of the district manager, use of the area by the livestock would significantly interfere with the establishment of the free growing stand, and the holder must comply with the notice.
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(3) Despite subsection (2), the holder of an agreement under the Range Act may allow livestock under the agreement to enter an area where a free growing stand is being established, if the district manager gives the holder notice that the district manager is satisfied that sufficient steps have been taken to prevent significant interference with the establishment of a free growing stand on the area.
8. (1) For the purposes of section 74 (4) (b) of the Act, if the
regional manager or district manager requires the holder of an agreement under the Range
Act to tag livestock, he or she must provide the tags to the holder before the start
of the grazing season.
(2) A holder who is provided with tags under subsection (1) must attach
one of the tags, before the start of the grazing season, to every animal pastured under
the agreement.
(3) The holder must report any loss of tags to the regional manager or
district manager.
(4) If the owner of livestock that are tagged under this section
exchanges animals for others to be grazed in their place, the holder must promptly
transfer the tags to the other animals.
9. (1) For the purposes of section 115 (9) (b) of the Act, if
livestock have been seized by an official, the district manager may sell the livestock
(a) by public auction, or
(b) if no bid is received at the public auction, by other means.
(2) An official or other person who has worked for the government in
seizing or selling the livestock may not buy the livestock at a sale under subsection (1).
(3) Before livestock is sold under subsection (1) (a) the sale must be
advertised in a newspaper, and the advertisement must
(a) describe species, breed, age, colour and sex of the livestock,
(b) if the livestock are branded, state all legible brands and their
locations on the animals,
(c) if the livestock are not branded, state that fact and identify the
livestock by tags, marking or other features identifying the livestock,
(d) state the costs incurred
(i) for the seizure of the livestock,
(ii) for the advertising, and
(iii) for the daily rate for feed and care of the livestock,
(e) state the name and address of a person from whom additional
information may be obtained, and
(f) state that unless the owner of the livestock in the meantime pays
all costs referred to in paragraph (d), the livestock will, on a specified date and at a
specified location, be offered for sale by public auction.
(4) The specified date referred to in subsection (3) (f) must be a
minimum of 10 clear days from the date of publication of the advertisement referred to in
subsection (3).
(5) The official must make reasonable efforts to determine the identity
of the owner of the livestock and notify the owner of the seizure and sale before the sale
takes place.
10. (1) A person who contravenes section 5 (1), 6 (1) or (3), 7
(1), (3) or (4), or 8 (2), (3) or (4) commits an offence.
(2) A person who commits an offence is liable on conviction to a fine
not exceeding $5 000 or to imprisonment for not more than 6 months or to both.
indicate most recent changes to this page
[Provisions of the Forest Practices Code of British Columbia Act, R.S.B.C 1996,
c. 159, relevant to the enactment of this regulation: sections 198 and 214]
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