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Schedule C – Preparing Forest Operations Schedules
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(Sections 23 and 45)
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When information not required
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79 |
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Nothing in this Schedule requires information to be included in a forest operations schedule if
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(a) |
the information is included in a sustainable forest management plan in effect for the area, or
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(b) |
the sustainable forest management plan provides that the information is not required.
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Forest operations schedule general content
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80 |
(1) |
A forest operations schedule must cover a period of at least 6 years unless the district manager consents to a shorter period.
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(2)
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A forest operations schedule must be consistent with
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(a) |
any higher level plan in effect 4 months before the date the schedule is submitted to the district manager unless the higher level plan specifies otherwise, and
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(b) |
the sustainable forest management plan in effect on the date that the schedule is submitted to the district manager.
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(3)
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A forest operations schedule must be signed and sealed by a professional forester.
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(4)
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A forest operations schedule must be signed by the participant.
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Map and information requirements for all forest operations schedules
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81 |
(1) |
A participant must ensure that a forest operations schedule includes the following information for the area affected by the proposed timber harvesting and road construction or modification operations:
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(a) |
forest cover;
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(b) |
the topography of the area, and the location of those streams, wetlands and lakes that are shown on forest cover maps or fish and fish habitat inventory maps or terrain resource inventory maps;
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(c) |
the following known items:
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(i) |
protected areas;
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(ii) |
designated areas under Part 13 of the Forest Act;
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(iii) |
wilderness areas;
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(iv) |
sensitive areas established in accordance with the Act;
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(v) |
wildlife habitat areas,
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but the location of the wildlife habitat area must not be shown if the district manager or designated environmental official makes it known that the location of the wildlife habitat area is not to be included, in which case only the name of the identified wildlife protected by the wildlife habitat area must be included:
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(vi) |
forest ecosystem networks;
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(vii) |
old growth management areas;
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(viii) |
scenic areas;
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(ix) |
ungulate winter ranges;
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(x) |
community water supply intakes and related water supply infrastructures;
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(xi) |
fish streams;
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(xii) |
riparian class of streams, wetlands and lakes;
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(d) |
the following public utilities on Crown land:
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(i) |
transmission lines;
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(ii) |
gas and oil pipelines;
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(iii) |
railways;
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(e) |
the approximate location of
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(i) |
proposed construction of a road, including construction of a bridge or major culvert that is part of the road,
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(ii) |
proposed replacement or addition of a bridge or major culvert,
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(iii) |
proposed construction of a bridge or major culvert, and
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(iv) |
proposed replacement or addition of a bridge or major culvert authorized under this regulation or under an agreement under the Forest Act,
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and the year in which the work is proposed to take place if the timing is critical to the management of non-timber forest resources;
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(f) |
for any proposed bridges, whether the bridge will be a temporary or permanent bridge;
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(g) |
the following road deactivation operations that have been, or are to be conducted by the participant:
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(i) |
roads that are currently deactivated to a temporary or semi-permanent level;
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(ii) |
roads that are to be deactivated in the next 3 years and the year the work is proposed to take place if the timing is critical to the management of non-timber forest resources;
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(iii) |
the level of deactivation of roads referred to in subparagraph (ii);
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(iv) |
the types of vehicle usage, if any, that are proposed to be accommodated on the roads referred to in subparagraph (ii) after deactivation;
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(h) |
the known location of temporary or permanent barriers to vehicle access;
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(i) |
the approximate location of cutblocks proposed that are not the subject of the request for authorization under section 23;
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(j) |
the location of cutblocks proposed that are the subject of the request for authorization under section 23;
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(k) |
for each cutblock referred to in paragraph (j), specify for the purposes of section 32 and Schedule F if the cutblock is to be reforested as a coniferous area, a deciduous area or a mixedwood area;
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(l) |
the location of cutblocks that are currently the subject of an authorization under section 23;
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(m) |
the location of cutblocks that have been harvested, but are not yet greened-up and that are adjacent to cutblocks referred to in paragraph (j).
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(2)
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Despite subsection (1), a participant is not required to include the information specified in that subsection for an area in a forest operations schedule in which only minor salvage operations will be carried out, unless the district manager, by written notice, requires some or all of that information, in which case the participant must comply with that notice.
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District manager may require referral of forest operations schedule
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(1) |
By notice in writing, the district manager may require a participant who submits a forest operations schedule or amendment to refer the proposed schedule 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 schedule 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 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 schedule 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 schedule or amendment
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(a) |
a copy of each written comment received under subsection (2) in respect of the proposed schedule or amendment, and
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(b) |
a summary of all revisions made to the proposed schedule or amendment under subsection (2).
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Notice
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83 |
(1) |
Before a participant submits a forest operations schedule or amendment, the participant must publish a notice, in a form acceptable to the district manager, in a newspaper stating that the forest operations schedule 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
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(a) |
that the forest operations schedule or amendment otherwise complies with this Schedule and is necessary to enable measures to be taken to address an emergency, and
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(b) |
that there is insufficient time to provide for review and comment for a period of at least 10 days.
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(3)
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Despite subsection (1), notice is not required under that subsection if the district manager determines that the amendment
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(a) |
otherwise complies with this Schedule,
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(b) |
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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(c) |
either
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(i) |
does not materially change the objectives or results of the schedule, or
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(ii) |
does not result in an increase in cutblock size for any cutblock in excess of 10% from the size of the cutblock when the cutblock was identified in the forest operations schedule that last made available for public review and comment.
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(4)
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If a notice is not required under subsection (1), the participant responsible for preparing the amendment to the forest operations schedule must publish, in an issue of a newspaper, a notice of the exemption, including a statement containing the following information:
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(a) |
the amendment to the forest operations schedule;
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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 a forest operations schedule
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84 |
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A participant who is required to publish a notice under section 83 must submit to the district manager a copy of the forest operations schedule or amendment in the form that will be made available for review under section 85
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(a) |
at substantially the same time as a person first publishes the notice referred to in section 83, or
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(b) |
at any other time agreed to by the district manager and the participant.
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Review
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85 |
(1) |
A participant who is required to publish a notice under section 83 must provide an opportunity to review a proposed forest operations schedule or amendment to members of the public interested in or affected by operations under the proposed schedule or amendment in accordance with this Schedule.
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(2)
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Subject to subsection (4), 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 83, except for a forest operations schedule 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 83, if the entire forest operations schedule or amendment relates to an expedited major salvage operation.
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(3)
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Despite subsection (2) (a), by notice in writing given before the expiry of the 60 day period under subsection (2) (a) to a person required to provide a review under this section, the district manager may extend the period for review under subsection (2) (a) and, with respect to the extension, is not required to provide an opportunity to be heard or to give reasons.
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(4)
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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 Schedule and any right that person may have to use the area under the Schedule.
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Comments
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86 |
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A person who reviews a forest operations schedule or amendment under this Schedule may submit comments in writing during the period allowed for review under section 85 to the participant who publishes a notice under section 83.
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Scope of review and comment
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87 |
(1) |
A participant who is required to publish a notice under section 83 must consider all comments received during the period for review under section 85 in relation to proposed cutblocks and proposed road construction, modification and deactivation and make any revisions to the proposed schedule or amendment that the participant 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 83 nor the district manager is required to consider or address a comment with respect to a cutblock or road that is the subject of an authorization under section 23.
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Submitting a proposed forest operations schedule and comments
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88 |
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A participant who submits a forest operations schedule or amendment must submit with the proposed forest operations schedule or amendment
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(a) |
a copy of the notices that were published under section 83 in respect of the proposed forest operations schedule or amendment,
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(b) |
a copy of each written comment received in respect of the proposed forest operations schedule or amendment, and
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(c) |
a summary of all revisions made to the proposed forest operations schedule or amendment under section 87 (1).
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