STILLWATER PILOT PROJECT REGULATION

B.C. Reg. 96/01, Deposited April 5, 2001
O.C. 0427/01, effective April 5, 2001
consolidated to August 5, 2003

PART 11 - CANCELLATION OF STILLWATER PILOT PROJECT

Government may cancel a forest stewardship plan

89. (1) The district manager, with the consent of the designated environment official, may cancel a forest stewardship plan if during the term of the plan the district manager determines that

(a) the forest stewardship plan is not adequately protecting forest resources, or

(b) the monitoring and evaluation under section 71 indicates that any of the matters listed in that section are not being achieved.

(2) The district manager must give a notice of cancellation to the licensee specifying the reasons for the cancellation.

(3) If within 30 days after a notice of cancellation is given to the licensee the licensee so requests, the district manager and designated environment official must give the licensee an opportunity to be heard and must rescind the notice if they consider that the subsection (1) (a) and (b) does not apply.

Licensee may apply to cancel a forest stewardship plan

90. (1) During the term of a forest stewardship plan, the licensee may, by giving notice to the district manager, apply to cancel the plan, if the licensee determines that the monitoring and evaluation under section 71 indicates that any of the matters listed in that section are not being achieved.

(2) A notice under subsection (1) must specify the reasons for the cancellation.

(3) On receipt of a notice under subsection (1), the district manager and the designated environment official must agree to cancel the plan if they determine that the monitoring and evaluation under section 71 indicates that any of matters listed in that section are not being achieved.

(4) The district manager and the designated environment official must give notice of their decision under subsection (3) in writing to the licensee.

Consequence of notice or application

91. If the district manager gives notice under section 89 to cancel the forest stewardship plan and the notice is not rescinded, or the district manager and designated environment official agree to cancel a forest stewardship plan under section 90, the licensee, in accordance with the Act and regulations, must prepare a forest development plan and submit it to the district manager.

Effective date of forest stewardship plan cancellation

92. A forest stewardship plan referred to in section 91 is cancelled on the date of the approval of the forest development plan submitted under section 91.