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Regulations
- Forest Practices Code of BC ActWOODLOT
LICENCE FOREST MANAGEMENT REGULATION
Contents
B.C. Reg. 325/98 Deposited September 23, 1998
O.C. 1202/98 Effective November 30, 1998 (Consolidated to December 12, 2003)
- PART 1 Definitions and
Interpretation
- PART 2 Operational Plans
- PART 3 General Forest Practices
- PART 4 Roads
- PART 5 Harvesting Practices
- PART 6 Silviculture
- PART 7 Riparian Widths
- PART 7.1 Ungulate Winter Range and Identified Wildlife
- PART 8 Offences
- PART 9
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Best
information available |
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5 |
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Subject to any requirement to use known information, a holder of a woodlot licence who is required to prepare an operational plan must, when preparing the plan, use the most comprehensive and accurate information available to the holder. |
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Additional watershed assessment
information |
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6 |
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If requested by the district manager, a holder of a woodlot licence must provide to the district manager information respecting the woodlot licence area that the district manager requires for watershed assessments. |
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Additional exemptions for forest
development plans
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6.1 |
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The holder of a woodlot licence is exempt from the requirement for a forest development plan for an area under the woodlot licence, if the district manager is satisfied that the only harvesting that will take place in that area is proposed by a person other than the holder and is for one or more of the following purposes: |
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(a) |
establishment of seismic lines; |
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(b) |
development of a gravel pit or rock pit; |
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(c) |
mining or oil or gas extraction; |
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(d) |
widening of a road; |
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(e) |
facilitating construction or modification of a road by another person who is authorized to carry out the construction or modification under, or pursuant to a permit issued under, the Forest Act or any other enactment; |
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(f) |
establishment of a utility right of way; |
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(g) |
clearing a fence line; |
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(h) |
a purpose that the district manager determines is similar to those in paragraphs (a) to (g). |
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Review
and comment for forest development
plans
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7 |
(1) |
In this section “newspaper” means a newspaper circulating in the area of a plan, or if no newspaper circulates in that area, then a newspaper that circulates nearest to that area, and includes a newspaper that is free and one that does not have subscribers. |
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(2) |
For the purposes of section 39 (1) of the Act, before submitting a forest development plan or amendment for approval, the holder of a woodlot licence must |
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(a) |
publish a notice, in a form acceptable to the district manager, in a newspaper, |
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(b) |
refer the plan or amendment for a period specified by the district manager, to any persons specified by the district manager, and |
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(c) |
submit to the district manager a copy of the forest development plan or amendment in the form that will be made available for review and comment |
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(i) |
at substantially the same time as the publication of the newspaper, or |
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(ii) |
at any other time agreed to by the district manager and the holder of the woodlot licence. |
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(3) |
Despite subsection (2) (a), a holder of a woodlot licence need not publish a notice of an amendment to a forest development plan before the amendment is submitted for approval unless the holder received written comments from the public under subsection (5) with respect to the approval of the plan. |
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(4) |
A holder of a woodlot licence who publishes a notice under subsection (2) (a) must provide opportunity for review and comment to persons interested or affected by operations under the plan or amendment for a period of |
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(a) |
30 days from the date of publication unless the district manager determines that a longer period is required to provide adequate opportunity for review, or |
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(b) |
at least 5 days from the date of publication if the plan or amendment is one to which section 42 (1) of the Act applies. |
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(5) |
A holder of a woodlot licence who |
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(a) |
publishes a notice under subsection (2) (a), or |
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(b) |
refers the plan or amendment under subsection (2) (b) |
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must
ensure that the professional forester who signs the plan or
amendment reviews all written comments received during the
specified period of review and makes any revisions to the plan
or amendment that the holder and the professional forester
consider to be appropriate.
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(6) |
A holder of a woodlot licence who submits for approval a forest development plan or amendment, must submit with the plan or amendment |
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(a) |
a copy of the notice required under subsection (2) (a), |
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(b) |
a copy of each written comment received |
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(i) |
during the period of public review specified in subsection (4), and |
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(ii) |
as a result of any referral process specified by the district manager in subsection (2) (b), and |
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(c) |
a summary of all revisions made to the plan or amendment under subsection (5). |
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8 |
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Repealed. [B.C. Reg. 201/2002, Sch. D] |
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Period
and effective term of a forest development
plan
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9 |
(1) |
A holder of a woodlot licence must ensure that a forest development plan covers a period of at least 5 years unless |
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(a) |
the remaining term of the woodlot licence is less than 5 years, or |
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(b) |
the district manager is satisfied that the plan cannot be developed for a period of 5 years because |
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(i) |
the woodlot licence was entered into shortly before the commencement of the harvesting season for the proposed cutblocks and as a result there is insufficient time to prepare a forest development plan that covers a period of 5 years, |
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(ii) |
a significant portion of the plan is for the harvesting of timber that is damaged by wind, insects or fire and the exact location of the timber cannot be determined, or |
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(iii) |
of reasons beyond the control of the holder. |
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(2) |
Unless otherwise specified by the district manager, a forest development plan expires 5 years from the date specified in the approval of the plan under Division 5 of Part 3 of the Act. |
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(2.1) |
Repealed. [B.C. Reg. 350/2002, Sch. K] |
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(3) |
Despite the expiry of a forest development plan, if before the expiry of the forest development plan the holder of a woodlot licence is required to produce a free growing stand on a proposed cutblock in that plan, the holder must establish regeneration and produce the free growing stand in accordance with all of the following requirements, if these requirements are contained in the expired plan: |
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(a) |
the silvicultural system and harvesting method referred to in section 13; |
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(b) |
the preferred and acceptable species and the regeneration method referred to in section 14; |
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(c) |
the stand structure to be achieved at the completion of proposed harvesting operations referred to in section 14; |
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(d) |
the stocking requirements for the indicated biogeoclimatic ecosystem classification referred to in section 14; |
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(e) |
any other commitments that are made in the plan for specific cutblocks that have not been completed before the expiry of the plan. |
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General
content requirements of forest development
plans
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10 |
(1) |
A holder of a woodlot licence must ensure that a forest development plan addresses the entire woodlot licence area unless the district manager is satisfied that a smaller area is sufficient. |
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(2) |
A holder of a woodlot licence must ensure that a forest development plan includes information and maps, at a scale sufficient to permit adequate assessment by the district manager of |
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(a) |
the topography, unless exempted by the district manager, |
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(b) |
the following proposed operations to be carried out by the holder: |
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(i) |
harvesting; |
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(ii) |
road construction to provide access to cutblocks, including the construction of any bridge or major culvert that is part of the road; |
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(iii) |
bridge and major culvert construction within a cutblock, and |
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(iv) |
Repealed. [B.C. Reg. 350/2002, Sch. K] |
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(c) |
the location of standards units, and of areas with different biogeoclimatic ecosystem classifications, within a proposed cutblock, if the holder submits information under section 14 related to that cutblock. |
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(3) |
The holder of a woodlot licence must include in the forest development plan the timing of proposed timber harvesting and related forest practices, including road construction, modification, maintenance and deactivation, if the district manager determines that the timing is critical to the management of forest resources. |
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(4) |
If the district manager is satisfied that a known watershed assessment is applicable to a woodlot licence area, the holder of the woodlot licence must ensure that the forest development plan is consistent with that assessment. |
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(5) |
A holder of a woodlot licence must ensure that a forest development plan contains the signature of the holder or of a person who has authority to sign the plan on behalf of the holder. |
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Information required for the
entire woodlot licence area
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11 |
(1) |
The requirements of this section apply to |
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(a) |
the entire woodlot licence area, or |
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(b) |
a smaller area approved by the district manager under section 10 (1). |
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(2) |
A holder of a woodlot licence must ensure that a forest development plan describes or identifies the following: |
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(a) |
the forest cover; |
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(b) |
the
location of streams, wetlands and lakes shown on |
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(i) |
forest
cover maps, |
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(ii) |
terrain
resource inventory maps, or |
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(iii) |
fish and
fish habitat inventory maps; |
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(c) |
public
utilities on Crown land including |
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(i) |
transmission lines, |
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(ii) |
gas and
oil pipelines, and |
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(iii) |
railways. |
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(3) |
A holder
of a woodlot licence must ensure that a forest development
plan identifies and describes the following known items: |
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(a) |
sensitive
areas established in accordance with the Act; |
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(b) |
wildlife
habitat areas, but the location of the wildlife habitat area
must not be shown if the designated environment official makes
it known that the location of the wildlife habitat area must
not be included in an operational plan or road layout and
design, in which case only the name of the identified wildlife
protected by the wildlife habitat area must be included; |
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(c) |
forest
ecosystem networks; |
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(d) |
scenic
areas; |
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(e) |
ungulate
winter ranges; |
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(f) |
community
watersheds; |
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(g) |
community
and licensed domestic water supply intakes and related water
supply infrastructures; |
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(h) |
water
quality objectives for community watersheds; |
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(i) |
fish
streams; |
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(j) |
the
riparian class of streams, wetlands and lakes; |
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(k) |
roads
proposed by others; |
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(l) |
temporary
or permanent barricades to restrict vehicle access; |
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(m) |
private
property; |
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(n) |
resource
features, other than wildlife habitat features, domestic water
supply intakes and archaeological sites; |
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(o) |
old growth
management areas. |
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(4) |
A holder
of a woodlot licence must ensure that a forest development
plan specifies |
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(a) |
the
general objectives for retention of coarse woody debris,
and |
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(b) |
measures
to reduce any losses that are identified after evaluation of
the occurrence of significant forest health factors which are
causing or may cause damage. |
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(5) |
Unless
otherwise specified by the district manager, a comprehensive
strategy for wildlife tree retention must be included with the
forest development plan when the forest development plan
is |
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(a) |
referred
to any persons specified by the district manager, |
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(b) |
made
available for review and comment, and |
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(c) |
submitted
for approval. |
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(6) |
A
comprehensive plan for wildlife tree retention or a
comprehensive strategy for wildlife tree retention does not
form part of the approved forest development plan, but may be
considered by the district manager under section 41 (1) (b) of
the Act in determining whether to approve the forest
development plan. |
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(7) |
A
comprehensive plan for wildlife tree retention that was
included as part of a forest development plan before the
effective date of this section is not part of the forest
development plan on and after the effective date. |
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(8) |
A holder
of a woodlot licence must ensure that a forest development
plan specifies measures that will be carried out to protect
the following forest resources: |
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(a) |
water
quality, if harvesting, road construction, road modification
or road deactivation |
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(i) |
may occur
in a community watershed, or |
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(ii) |
may
deleteriously impact water quality at a licensed domestic
water supply intake; |
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(b) |
recreation, if a recreation resource is
located in or adjacent to the woodlot licence area; |
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(c) |
wildlife
or fisheries, if the district manager makes known a
significant wildlife or fisheries value that requires measures
to protect; |
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(d) |
any other
forest resource value that the district manager makes known as
requiring measures for protection. |
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Information required for portions of the
woodlot
licence affected by proposed
operations |
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12 |
(1) |
A holder
of a woodlot licence must ensure that a forest development
plan, for the area that may be affected by the proposed
harvesting or road construction or modification operations,
describes all of the following: |
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(a) |
the
approximate location of proposed cutblocks; |
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(b) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
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(c) |
Repealed. [B.C. Reg.
201/2002, Sch. D] |
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(c.1) |
the
location of sensitive slopes; |
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(d) |
the
approximate location of road construction operations to be
carried out under the plan to provide access to the proposed
cutblocks; |
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(d.1) |
the
approximate location of the construction of a bridge or major
culvert if it is to be carried out by the holder to provide
access to or within a proposed cutblock; |
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 (e) |
Repealed. [B.C. Reg. 466/2003, effective December 12, 2003] |
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(f) |
Repealed. [B.C.
Reg. 232/2000] |
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(g) |
the road
deactivation operations that have been conducted in the year previous to the date of the forest development plan submission or are to be
conducted under the plan, including a description of roads
that are currently deactivated or are to be deactivated under
the plan. |
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(2) |
If
proposed harvesting or road construction or modification
operations under the forest development plan are in a known
scenic area with established visual quality objectives, the
holder of the woodlot licence must demonstrate, to the
satisfaction of the district manager, how the proposed
operations will achieve the visual quality
objectives. |
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Information required for portions of the
woodlot licence within proposed
cutblocks |
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13 |
(1) |
A holder
of a woodlot licence must ensure that a forest development
plan, for each proposed cutblock, specifies |
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(a) |
the
silvicultural system, or if the proposed harvesting is limited
to intermediate cuttings, and |
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(b) |
whether
the cutblock will be harvested by cable, aerial or ground
based harvesting methods or a combination of those
methods. |
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(2) |
Unless
the information referred to in section 14 (6) to (8) is
included in the forest development plan, a holder of a woodlot
licence must ensure that a forest development plan specifies
general objectives for riparian management zones within
proposed cutblocks, including the species of trees to be
retained and one or more of the following indicators of tree
retention for each possible riparian class of stream, wetland
or lake: |
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(a) |
the range
of basal area to be retained, per hectare; |
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(b) |
the range
for the number of trees to be retained, per hectare, that are
greater than a specific minimum diameter; |
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(c) |
the range
for the number of trees to be retained, per hectare, by
diameter class; |
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(d) |
the range
for the number of trees to be retained by diameter class, for
a specified length of riparian management zone; |
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(e) |
other
similar indicators of tree retention acceptable to the
district manager. |
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(3) |
A holder
of a woodlot licence must ensure that a forest development
plan specifies, for any proposed cutblock within a known
ungulate winter range, the known objectives for the ungulate
winter range. |
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(4) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
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(5) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
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Terrain stability field
assessments |
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13.1 |
(1) |
The
provisions of this section do not apply to harvesting that is
necessary to construct or modify a road. |
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(2) |
A holder
of a woodlot licence who proposes to carry out harvesting on a
sensitive slope, including the construction of excavated or
bladed trails, must ensure that a terrain stability field
assessment is carried out, and that the assessment is made
available to the district manager on request. |
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(3) |
Despite
subsection (2), the terrain stability field assessment is not
required in an area outside a community watershed if |
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(a) |
for an
area of proposed harvesting located in the Interior, all the
following conditions are met: |
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(i) |
the area
of proposed harvesting is shown on a terrain stability hazard
map as having a moderate likelihood of landslides or, if
terrain stability hazard mapping has not been done, the area
is shown on a reconnaissance terrain stability map as having
potentially unstable terrain; |
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(ii) |
the
proposed timber harvesting method is cable or aerial; |
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(iii) |
excavated
or bladed trails will not be constructed, or |
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(b) |
the
assessment has been carried out for the purposes of locating a
road and the assessment included the area of proposed
harvesting. |
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(4) |
Despite
subsection (2), the terrain stability field assessment is not
required in an area inside a community watershed if |
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(a) |
for an
area of proposed harvesting located in the Interior, all the
following conditions are met: |
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(i) |
the area
of proposed harvesting is shown on a terrain stability hazard
map as having a moderate likelihood of landslides or, if
terrain stability hazard mapping has not been done, the area
is shown on a reconnaissance terrain stability map as having
potentially unstable terrain; |
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(ii) |
the
proposed timber harvesting method is cable or aerial; |
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(iii) |
the
silvicultural system will not be clearcut or clearcut with
reserves; |
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(iv) |
excavated
or bladed trails will not be constructed, or |
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(b) |
the
assessment has been carried out for the purposes of locating a
road and the assessment included the area of proposed
harvesting. |
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(5) |
A terrain
stability field assessment required under this section does
not form part of an operational plan. |
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Additional required information for
proposed cutblocks that
must be
contained in a forest development plan or a site
plan |
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14 |
(1) |
For each
proposed cutblock, the holder of a woodlot licence must
include all of the following information either entirely in a
forest development plan or entirely in a site plan, whichever
plan the holder chooses: |
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(a) |
the
biogeoclimatic ecosystem classification of the area within
each standards unit; |
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(b) |
the total
area of each cutblock; |
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(c) |
the net
area to be reforested and non-productive areas for each
cutblock; |
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(c.1) |
any
reserve areas or areas of non-commercial forest cover where
the establishment of a free growing stand is not
required; |
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(d) |
the net
area to be reforested for each standards unit within each
cutblock; |
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(e) |
areas
where the regeneration method is planting or natural; |
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(f) |
the
elevation range if planting is proposed; |
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(g) |
the
preferred and acceptable species for each standards
unit; |
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(h) |
if the
proposed cutblock is within a known ungulate winter
range |
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(i) |
the stand
structure that will be retained after the proposed harvesting
operations are completed, and |
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(ii) |
the
characteristics, species and function of trees that will be
retained after the proposed harvesting operations are
completed; |
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(i) |
fish
streams that are both in a community watershed and in or
adjacent to the cutblock; |
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(j) |
the
riparian class of streams, wetlands and lakes that are in or
adjacent to the cutblock; |
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(k) |
if the
harvesting is proposed for areas that are within a riparian
management zone or, in accordance with section 35, in a
riparian reserve zone, whether falling or yarding across
streams will be undertaken and, if falling or yarding across
streams will be undertaken, the measures for debris
management; |
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(l) |
the
selection criteria and level of retention for wildlife trees
and wildlife tree patches; |
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(m) |
the
location of a known resource feature in or adjacent to the
cutblock, other than an archaeological site, and |
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(i) |
any
measures to protect the resource feature, or |
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(ii) |
the
reason for not protecting the resource feature; |
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(n) |
if a
terrain stability field assessment is required under section
13.1, |
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(i) |
a
statement that the assessment has been carried out in
accordance with procedures required by this regulation for a
terrain stability field assessment, |
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(ii) |
a
statement that the proposed harvesting complies with sections
60 and 61, and |
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(iii) |
a
statement |
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(A) |
that the
proposed forest development plan or site plan is consistent
with the results and recommendations of the assessment,
or |
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(B) |
if the
proposed forest development plan or site plan is inconsistent
with the results and recommendations of the assessment, that
explains the reason for the inconsistency and the reason why
the plan should be approved despite the inconsistency. |
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(2) |
Despite
subsection (1), the requirements of subsection (1) (e) to (g)
do not apply to proposed cutblocks if the holder of a woodlot
licence is not required to produce a free growing stand on
that cutblock. |
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(2.1) |
Despite
subsection (1), the requirements of subsection (1) (l) do not
apply if the holder has submitted a comprehensive plan for
wildlife tree retention or a comprehensive strategy for
wildlife retention. |
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(3) |
The size,
shape and location of a proposed cutblock in a forest
development plan that is submitted for approval must be based
on a field traverse, if the holder of a woodlot licence
includes in the forest development plan information required
by this section for that cutblock. |
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(4) |
If the
holder of a woodlot licence includes in a site plan the
information referred to subsections (1) and (5) to (8) for a
proposed cutblock |
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(a) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
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(b) |
the
information in the site plan must be based on a field
traverse. |
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(5) |
The
holder of a woodlot licence must ensure that the forest
development plan or site plan includes a map that identifies,
for each proposed cutblock, |
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(a) |
the
standards unit and the biogeoclimatic ecosystem classification
of the area within each standards unit, and |
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(b) |
the
approximate location of any reserve areas greater than 0.25
ha, including wildlife tree patches and riparian reserve
zones. |
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(6) |
The
holder of a woodlot licence must ensure, for each riparian
management zone within a proposed cutblock, that the forest
development plan or site plan specifies the characteristics
and species of trees to be retained within the cutblock and,
in relation to those trees, provides the information described
in one or more of the following paragraphs: |
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(a) |
the
minimum basal area to be retained per hectare; |
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(b) |
the
minimum number of trees to be retained, per hectare, that are
greater than a specified minimum diameter; |
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(c) |
the
minimum number of trees to be retained, per hectare, by
diameter class; |
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(d) |
the
minimum number of trees to be retained by diameter class, for
a specified length of riparian management zone or for the
entire riparian management zone; |
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(e) |
other
similar indicators of tree retention acceptable to the
district manager. |
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(7) |
Without
limiting subsection (6), if within a cutblock harvesting is
proposed in the riparian management zone of a stream
that |
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(a) |
has a
riparian class of S4, S5 or S6, |
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(b) |
is a
direct tributary to a stream with a riparian class of S1, S2,
S3 or S4 that is a known temperature sensitive stream,
and |
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(c) |
currently
has sufficient numbers and distribution of trees to provide
the shade necessary to prevent the stream temperature from
increasing, |
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the
holder of a woodlot licence must specify in the forest
development plan or a site plan, a stand structure in the
riparian management zone that will continue to provide the
shade necessary to prevent the stream temperature from
increasing.
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(8) |
Without
limiting subsection (6), if within a cutblock harvesting is
proposed in the riparian management zone of a stream
that |
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(a) |
has a
riparian class of S4, S5 or S6, |
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(b) |
is a
direct tributary to a |
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(i) |
stream
with a riparian class of S1, S2 or S3, or |
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(ii) |
marine-sensitive zone, and |
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(c) |
currently
has sufficient numbers and distribution of trees to provide,
or contribute significantly to the maintenance of, stream bank
or channel stability, or both, |
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the
holder of a woodlot licence must specify in the forest
development plan or a site plan, a stand structure in the
riparian management zone that will continue to provide, or
contribute significantly to the maintenance of, stream bank or
channel stability, or both, as the case may be.
|
| |
(9) |
Despite
subsections (6) to (8), if the information required by those
subsections is included in a forest development plan, for a
cutblock, it need not be included in a site plan for the
cutblock. |
| |
(10) |
The
district manager may exempt the holder of a woodlot licence
from any or all of the requirements of this section if the
district manager is satisfied that the harvesting of the
timber will adequately manage and conserve the forest
resources of the area and that the harvesting |
| |
(a) |
is on
land that is, or will be, used for |
| |
(i) |
grazing
or growing of hay in accordance with an agreement under the Range Act, |
| |
(ii) |
an
experimental purpose, |
| |
(iii) |
growing
Christmas trees, or |
| |
(iv) |
any use
that is incompatible with the establishment of a free growing
stand, |
| |
(b) |
is an
intermediate cutting that will remove an estimated volume not
exceeding 2 000 m3 of
timber that is damaged or in danger of being significantly
reduced in value, lost or destroyed, or |
| |
(c) |
will
remove an estimated volume not exceeding 500 m3 and both of the following
criteria are met: |
| |
(i) |
the
holder is not required to produce a free growing stand on the
area; |
| |
(ii) |
the
timber to be harvested is one or more of the following: |
| |
(A) |
associated with a minor harvesting
operation; |
| |
(B) |
damaged
or in danger of being significantly reduced in value, lost or
destroyed; |
| |
(C) |
being
felled or removed to eliminate a safety hazard; |
| |
(D) |
to
facilitate the collection of seed for reforestation; |
| |
(E) |
required
for trap trees to concentrate insect populations. |
| |
(11) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
|
|
|
|
|
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|
|
Archaeological impact assessment may be
required |
| |
15 |
(1) |
The
holder of a woodlot licence must carry out an archaeological
impact assessment, and make the assessment available to the
district manager, if the district manager |
| |
(a) |
determines that an archaeological impact
assessment is necessary to adequately manage and conserve
archaeological sites in the area, and |
| |
(b) |
notifies
the holder in writing. |
| |
(2) |
The
archaeological impact assessment does not form part of an
operational plan. |
|
|
|
|
|
|
|
|
Information not required for minor
salvage
and minor harvesting
operations |
| |
16 |
(1) |
Despite
sections 10 to 13 of this regulation, a holder of a woodlot
licence is not required to include the information specified
in those sections if only minor salvage operations will be
carried out, unless the district manager, by written notice,
requires some or all of that information. |
| |
(2) |
For minor
harvesting operations, a holder of a woodlot licence |
| |
(a) |
is exempt
from the requirements of section 10 (1) (b) (i) and (c) (i) of
the Act, and |
| |
(b) |
is not
required to include the information specified in sections 10
to 13 of this regulation, unless the district manager, by
written notice, requires some or all of that
information. |
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|
|
Protection of issued cutting permits and
road permits |
| |
17 |
|
Despite
sections 10 (1) (d) and 41 of the Act, the district manager
may not refuse to approve a forest development plan on the
grounds that the part of the plan where a cutting permit or
road permit has already been issued fails to meet the
requirements of section 10 (1) (d) or 41 of the Act. |
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|
|
Requirement for site plan if information
was
not included in the forest
development plan |
| |
18 |
(1) |
If
information under section 14 relating to a cutblock, an area
of minor salvage operations or an area of minor harvesting
operations was not included in the forest development plan,
the holder of the woodlot licence must, before the
commencement of harvesting on the area, prepare and obtain the
district manager’s approval of a site plan for the area that
specifies the information referred to in that section. |
| |
(2) |
For the
purposes of areas of minor salvage operations and areas of
minor harvesting operations referred to in subsection (1),
references in section 14 to a cutblock are deemed to be
references to proposed areas of minor harvesting operations,
or minor salvage operations, excluding any roads that provide
access to these areas. |
| |
(3) |
The
location of a wildlife habitat area must not be shown on a
site plan if the designated environment official makes it
known that the location of the wildlife habitat area is not to
be included in operational plans. |
| |
(4) |
Subsections (1) and (2) do not apply if
under section 14 (10) the district manager exempts the holder
of the woodlot licence from all of the requirements of that
section. |
| |
(5) |
For the
purposes of subsections (1) and (2), if under section 14 (10)
the district manager exempts the holder of the woodlot licence
from some, but not all, of the requirements of that section,
the holder must, before the commencement of harvesting on the
area, prepare and obtain the district manager’s approval of a
site plan for the area that addresses the requirements of
section 14 from which the holder is not exempt. |
| |
(6) |
A site
plan prepared under this section must be consistent with the
forest development plan in effect when the site plan is
submitted for approval. |
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|
Requirement for a site
plan |
| |
19 |
(1) |
For a
proposed cutblock, minor salvage operation or minor harvesting
operation, for which a cutting permit has not been issued, the
district manager may require the holder of the woodlot licence
to prepare and obtain the district manager’s approval of a
site plan that contains information listed in subsection (2)
required by the district manager, if the district manager is
of the opinion that additional site level information is
necessary to adequately manage and conserve the forest
resources within that area. |
| |
(2) |
A site
plan required under subsection (1) must include any of the
following, if required by the district manager: |
| |
(a) |
maps
describing the approximate location of |
| |
(i) |
access
structures that will be rehabilitated, and the time frame to
complete their rehabilitation, |
| |
(ii) |
permanent
access structures, and |
| |
(iii) |
harvesting and related forest
practices; |
| |
(a.1) |
maps
indicating the location of proposed roads based on a field
traverse |
| |
(b) |
information related to the area occupied
by permanent access structures or soil disturbance and the
rehabilitation of these areas, if a variance from the amounts
established under this regulation has been requested by the
holder of the woodlot licence; |
| |
(c) |
the
results of soil hazard assessments; |
| |
(d) |
a
detailed description of the silvicultural system; |
| |
(e) |
the stand
structure that will be retained at the completion of the
proposed harvesting; |
| |
(f) |
stocking
requirements referred to in Division 2 of Part 6, if the
stocking requirements are different than those specified in
Division 2 of Part 6 and Schedule A; |
| |
(g) |
a
description of measures, to accommodate non-timber forest
resources that have not been included in the forest
development plan; |
| |
(h) |
with
respect to excavated or bladed trails, all of the
following: |
| |
(i) |
a
description or map of the areas where excavated or bladed
trails may be constructed; |
| |
(ii) |
the
maximum and average height of cutbanks into mineral
soil; |
| |
(iii) |
the
equipment to be used for trail construction if other than an
excavator; |
| |
(iv) |
if
excavated or bladed trails are proposed for construction in a
community watershed, the soil erosion hazard and risk of
sediment delivery to streams; |
| |
(v) |
the time
frame to complete rehabilitation of the trails; |
| |
(i) |
the
results of a forest health assessment; |
| |
(j) |
measures
that will be taken to reduce significant forest health
risks. |
| |
(3) |
A site
plan prepared under this section must be consistent with the
forest development plan in effect when the site plan is
submitted for approval. |
|
|
|
|
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|
|
Holder of a woodlot licence may submit a
site plan |
| |
20 |
|
A holder
of a woodlot licence may submit to the district manager a site
plan that proposes a variance from a requirement under this
regulation with respect to the area of a cutblock, minor
salvage operation or minor harvesting
operation. |
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|
|
|
|
|
|
|
Site plan may cover an area larger
than the area of proposed
harvesting |
| |
21 |
(1) |
A holder
of a woodlot licence may prepare a site plan for an area that
covers an area larger than a cutblock, minor salvage operation
or minor harvesting operation. |
| |
(2) |
The
district manager may approve that portion of a site plan in
subsection (1) that applies to an area of proposed harvesting
as either the site plan for the area or as an amendment to a
site plan. |
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|
| |
22 |
(1) |
A holder
of a woodlot licence must ensure that a site plan
contains |
| |
(a) |
the
signature and seal of a professional forester, and |
| |
(b) |
the
signature of the holder or of a person who has authority to
sign the plan on behalf of the holder. |
| |
(2) |
The
requirements of subsection (1) (a) need not be met with
respect to a site plan or amendment that is limited to |
| |
(a) |
an area
not greater than 1 ha, unless the change in area is the result
of a field traverse that provides more accurate areas for a
harvested cutblock, or |
| |
(b) |
one or
more of the following: |
| |
(i) |
an
extension of time; |
| |
(ii) |
minor
changes to the harvesting method and related practices; |
| |
(iii) |
minor
changes to the location of access structures. |
| |
(3) |
The
signature and seal of a professional forester on a site plan
that covers an area larger than the area proposed for
harvesting applies to any portion of that site plan that is
submitted for approval as a site plan or amendment to a site
plan. |
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|
|
Exemptions for
harvesting |
| |
22.01 |
(1) |
Subject
to subsection (3), a holder of a woodlot licence is exempt
from section 19 (1) and (1.2) of the Act if the cutting permit
being applied for is for the harvesting of bark beetle
infested timber, timber damaged by wind or any proposed road
construction that is necessary to facilitate such
harvesting. |
| |
(2) |
Despite
section 18 of this regulation, the district manager may exempt
a holder of a woodlot licence from the requirement to prepare,
and obtain the district manager’s approval of, a site plan for
an area of proposed harvesting of bark beetle infested timber
or timber damaged by wind if |
| |
(a) |
the
estimated volume to be harvested under the exemption is not
more than 5 000 m3,
and |
| |
(b) |
the
district manager is satisfied that the exemption is necessary
to expedite measures to be taken to limit the spread of the
bark beetle or prevent deterioration of timber that has been
damaged by wind. |
| |
(3) |
Before
the district manager issues a cutting permit referred to in
subsection (1), the district manager, by written notice, may
require the holder to provide an opportunity for review and
comment of the proposed harvesting and road construction
associated with the cutting permit. |
| |
(4) |
The
review and comment referred to in subsection (3) must
substantially meet the requirements for review and comment
described in section 7. |
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|
|
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|
|
Requirements in an exempted
area |
| |
22.02 |
(1) |
If a
holder of a woodlot licence is exempted under section 22.01
(2), the district manager may require the holder to establish
a free growing stand on the area in accordance with section 76
and the requirements of this section. |
| |
(2) |
If a
holder of a woodlot licence is required to establish a free
growing stand under subsection (1) then, within 3 years of the
commencement of harvesting on the area, the holder must submit
to the district manager a map based on a field traverse,
identifying the size, shape and location of the area
harvested, the location of any access trails to the area and
indicating the size and location of the net area to be
reforested. |
| |
(3) |
When
preparing the map required under subsection (2), the holder
may amalgamate areas that are geographically close if
harvesting has taken place over one or more seasons and the
district manager agrees that this would simplify future
administration. |
| |
(4) |
When
indicating the net area to be reforested under subsection (2),
the holder must exclude from the net area to be reforested any
access trails to the area, unless the district manager
requires the establishment of a free growing stand on the
access trail. |
| |
(5) |
If a
holder of a woodlot licence is required to establish a free
growing stand under subsection (1), the following silviculture
stocking specifications apply and are considered to be the
site plan for the area, unless other silviculture stocking
specifications are specified or approved by the district
manager: |
| |
(a) |
the
preferred species are |
| |
(i) |
lodgepole
pine, |
| |
(ii) |
spruce,
and |
| |
(iii) |
Douglas-fir if Douglas-fir is present in
the area prior to harvesting; |
| |
(b) |
subalpine
fir is an acceptable species if present in the area prior to
harvesting; |
| |
(c) |
for
purposes of Division 2 of Part 6, the following apply: |
| |
(i) |
the
silvicultural system approved for the area is other than
single tree selection; |
| |
(ii) |
the
regeneration date is 7 years; |
| |
(iii) |
the free
growing date is 15 years; |
| |
(iv) |
the
target stocking standard is 1 200; |
| |
(v) |
the
minimum number of healthy, well spaced trees of the preferred
and acceptable species per hectare is 700; |
| |
(vi) |
the
minimum number of healthy, well spaced trees of the preferred
species per hectare is 600; |
| |
(vii) |
the
minimum free growing heights by species are |
| |
(A) |
2.0 m for
lodgepole pine, |
| |
(B) |
1.4 m for
Douglas-fir, and |
| |
(C) |
1.0 m for
other species; |
| |
(viii) |
the
height relative to competing vegetation within a 1 m radius of
the tree trunk is 150%. |
| |
(6) |
If a
holder of a woodlot licence is exempted under section 22.01
(2), the maximum proportion of the net area to be reforested
that may be occupied by soil disturbance is 10%. |
| |
(7) |
The
district manager may authorize a greater amount of soil
disturbance than allowed by subsection (6) if |
| |
(a) |
the
disturbance is unavoidable while carrying out the harvesting
of bark beetle infested timber or timber damaged by wind,
and |
| |
(b) |
the
proposed activities will not cause or increase the risk of
damage to other forest resources. |
| |
(8) |
Section
38 (4) applies as if the maximum limit for soil disturbance
established under subsection (6) or (7) was specified in a
site plan for the area. |
|
|
|
Content of silviculture
prescriptions |
| |
22.1 |
(1) |
A holder
of a woodlot licence is exempt from the requirement, under
section 12 (d) of the Act, to have a silviculture prescription
or amendment signed and sealed by a professional forester, if
the prescription or amendment is limited as referred to in
section 22 (2) of this regulation. |
| |
(2) |
Despite
section 12 of the Act, a silviculture prescription or
amendment need not contain long term management
objectives. |
| |
(3) |
The
holder of a woodlot licence must ensure that a silviculture
prescription contains the following information for the area
under the prescription: |
| |
(a) |
the
biogeoclimatic ecosystem classification for the area; |
| |
(b) |
the total
area under the prescription, including areas of rock, water,
swamp and any other area whether or not it is capable of
growing a stand of trees; |
| |
(c) |
the net
area to be reforested, non-productive areas, any areas of
non-commercial forest cover and any reserve areas; |
| |
(d) |
areas
where the regeneration method is planting or natural; |
| |
(e) |
if the
silvicultural system is other than single tree selection, the
following stocking specifications: |
| |
(i) |
the
preferred and acceptable species of trees; |
| |
(ii) |
the
minimum allowable horizontal distance between trees of the
preferred and acceptable species required for the trees to be
considered to be well spaced; |
| |
(iii) |
the
target number of healthy, well spaced trees of the preferred
and acceptable species per hectare; |
| |
(iv) |
the
minimum number of healthy, well spaced trees of the preferred
and acceptable species required per hectare; |
| |
(v) |
the
minimum number of healthy, well spaced trees of the preferred
species required per hectare; |
| |
(vi) |
the
maximum and minimum number of coniferous trees allowed per
hectare after a spacing treatment has been carried out under
section 81 (3) or (4); |
| |
(vii) |
the
required standards that must be met by a healthy, well spaced
tree of a preferred or acceptable species in a free growing
stand, including |
| |
(A) |
the
minimum height, and |
| |
(B) |
the
height of the tree relative to competing vegetation within a
radius of one metre of the tree trunk; |
| |
(f) |
if the
silvicultural system is single tree selection, the following
stocking specifications: |
| |
(i) |
for all
layers, the preferred and acceptable species of trees; |
| |
(ii) |
for the
regeneration, sapling and pole layers, the minimum allowable
horizontal distance between trees of the preferred and
acceptable species required for the trees to be considered to
be well spaced; |
| |
(iii) |
for all
layers, the target number of healthy and well spaced trees of
the preferred and acceptable species per hectare; |
| |
(iv) |
for all
layers, the minimum number of healthy, well spaced trees of
the preferred and acceptable species required per
hectare; |
| |
(v) |
for all
layers, the minimum number of healthy, well spaced trees of
the preferred species required per hectare; |
| |
(vi) |
for the
sapling layer, the maximum and minimum number of coniferous
trees allowed per hectare after a spacing treatment has been
carried out under section 81 (3) or (4); |
| |
(vii) |
the
required standards that must be met by a healthy, well spaced
tree of a preferred or acceptable species in a free growing
stand, including |
| |
(A) |
the
minimum height for the regeneration, and |
| |
(B) |
the
height of the tree relative to competing vegetation within a
radius of one metre of the tree trunk for the
regeneration; |
| |
(g) |
the
regeneration date as defined in section 70 of the Act; |
| |
(h) |
the free
growing assessment period as defined in section 70 of the
Act; |
| |
(i) |
the
maximum proportion of the net area to be reforested that may
be occupied by soil disturbance; |
| |
(j) |
if
temporary access structures will be constructed, the maximum
proportion of the net area to be reforested that may be
occupied by those temporary access structures; |
| |
(k) |
actions
that will be taken to address the sediment and debris
transport potential if the area is a gully on the Coast; |
| |
(l) |
maps
describing the approximate location of |
| |
(i) |
the area
under the prescription, including non-productive areas, any
areas of non-commercial forest cover, reserve areas and the
net area to be reforested, and |
| |
(ii) |
the
standards units, if any; |
| |
(m) |
the
signature of the holder of the woodlot licence or a person who
has authority to sign on behalf of the holder. |
| |
(4) |
Without
limiting subsection (3), the holder of a woodlot licence must
ensure that a silviculture prescription describes, for the
area under the prescription and the areas adjacent to this
area, the following: |
| |
(a) |
the
location of all known resource features, other than
archaeological sites, and |
| |
(i) |
any
measures to protect the resource features, or |
| |
(ii) |
the
reason for not protecting the resource features; |
| |
(b) |
the
riparian class of streams, wetlands and lakes; |
| |
(c) |
if
harvesting is proposed for an area that is within a riparian
management zone or, in accordance with section 35, a riparian
reserve zone, |
| |
(i) |
whether
falling or yarding across streams will be undertaken,
and |
| |
(ii) |
if
falling or yarding across streams will be undertaken, the
measures for debris management; |
| |
(d) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
| |
(e) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
| |
(5) |
The
holder of a woodlot licence must ensure, for each riparian
management zone within the area under the silviculture
prescription, that the prescription specifies the species of
trees to be retained within the area and, in relation to those
trees, provides the information described in one or more of
the following paragraphs: |
| |
(a) |
the
minimum basal area to be retained per hectare; |
| |
(b) |
the
minimum number of trees to be retained, per hectare, that are
greater than a specified minimum diameter; |
| |
(c) |
the
minimum number of trees to be retained, per hectare, by
diameter class; |
| |
(d) |
the
minimum number of trees to be retained by diameter class, for
a specified length of riparian management zone or for the
entire riparian management zone; |
| |
(e) |
other
similar indicators of tree retention acceptable to the
district manager. |
| |
(6) |
If the
district manager is of the opinion that additional site level
information is necessary to adequately manage and conserve the
forest resources within the area, the district manager may
require that the silviculture prescription include any of the
following: |
| |
(a) |
maps
describing the approximate location of |
| |
(i) |
access
structures that will be rehabilitated, and the time frame to
complete their rehabilitation, |
| |
(ii) |
permanent
access structures, and |
| |
(iii) |
harvesting and related forest
practices; |
| |
(b) |
a regime
of silviculture treatments intended to produce the target
number of healthy, well spaced trees of the preferred and
acceptable species per hectare by the end of the free growing
assessment period; |
| |
(c) |
information related to the area occupied
by permanent access structures, soil disturbance and the
rehabilitation of temporary access structures; |
| |
(d) |
the
results of soil hazard assessments; |
| |
(e) |
a
detailed description of the silvicultural system; |
| |
(f) |
the stand
structure that will be retained at the completion of the
proposed harvesting; |
| |
(g) |
a
description of measures to accommodate non-timber forest
resources that are not included in the forest development
plan; |
| |
(h) |
a
description of measures that will be taken to reduce
significant forest health risks; |
| |
(i) |
with
respect to excavated or bladed trails, all of the
following: |
| |
(i) |
a
description or map of the areas where excavated or bladed
trails may be constructed; |
| |
(ii) |
the
maximum and average height of cutbanks into mineral
soil; |
| |
(iii) |
the
equipment to be used for trail construction if other than an
excavator; |
| |
(iv) |
if
excavated or bladed trails are proposed for construction in a
community watershed, the soil erosion hazard and risk of
sediment delivery to streams; |
| |
(v) |
the time
frame to complete rehabilitation of the trails. |
| |
(7) |
The
requirements of subsection (3) (d) to (h) do not apply to the
area under a silviculture prescription where the establishment
of a free growing stand is not required. |
| |
(8) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
| |
(9) |
Repealed. [B.C. Reg.
350/2002, Sch. K] |
|
|
|
|
|
|
|
|
|
|
| |
22.2 |
|
Repealed. [B.C. Reg.
350/2002, Sch. K] |
|
|
|
|
|
|
|
|
Operational plans for areas of
unauthorized harvesting |
| |
22.3 |
(1) |
This
section applies when |
| |
(a) |
the
holder of a woodlot licence |
| |
(i) |
harvests
timber in contravention of section 96 of the Act, or |
| |
(ii) |
without
authorization, harvests timber from private land that is
subject to the woodlot licence, and |
| |
(b) |
the
holder is required to establish on that area of unauthorized
harvesting a free growing stand under section 76 of this
regulation. |
| |
(2) |
The
holder of a woodlot licence under subsection (1) must |
| |
(a) |
prepare
an amendment to a site plan or silviculture prescription
extending the plan or prescription to include the area of
unauthorized harvesting, and obtain the district manager’s
approval of that amendment, or |
| |
(b) |
establish
a free growing stand in accordance with a site plan referred
to in subsection (3). |
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(3) |
For the
purposes of subsection (2) (b), the holder must |
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(a) |
prepare a
site plan that has at least the content referred to in section
14 (1) (a) to (g), and |
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(b) |
obtain
the district manager’s approval of that site plan, |
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|
and for
this purpose a reference in section 14 to “cutblock” or
“proposed cutblock” is deemed to be a reference to “area of
unauthorized harvesting”.
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(4) |
A site
plan or amendment under this section need not be consistent
with the size, shape and location of proposed cutblocks in the
forest development plan in effect when the site plan or
amendment is submitted for approval, but the site plan or
amendment must otherwise be as consistent as possible with the
forest development plan. |
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23 |
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Repealed. [B.C. Reg.
201/2002, Sch. D] |
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23.1 |
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Repealed. [B.C. Reg. 201/2002,
Sch. D] |
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24 |
(1) |
A holder of a woodlot
licence who has a forest development plan or site plan and knows or ought
reasonably to know that performing the operations specified in the plan
will not ensure that the results specified in the plan or this regulation
will be achieved, |
| |
(a) |
must submit to the
district manager an amendment to the plan, and |
| |
(b) |
must not carry out
any operation under the plan on any parts of the plan area that would be
materially affected by the proposed amendment until the amendment has been
approved. |
| |
(2) |
If the requirements
of the forest development plan or site plan cannot be met as a result
of |
| |
(a) |
the holder of a
woodlot licence carrying out, or failing to carry out, a forest practice
on the area covered by the plan, or |
| |
(b) |
the occurrence of a
natural event, |
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|
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(c) |
notify the district
manager, and |
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(d) |
if an amendment to
the plan is required, not carry out any operation on an area covered by
the plan that would be materially affected by the proposed amendment until
the amendment has been approved. |
| |
(3) |
A holder of a woodlot
licence who |
| |
(a) |
exceeds the limits
for permanent access structures referred to in section 37 (2) and complies
with section 37 (3), |
| |
(b) |
exceeds the limits
for soil disturbance referred to in section 38 (4) and complies with
section 38 (4), or |
| |
(c) |
determines that an
area described in a forest development plan as a sensitive slope is not,
in fact, a sensitive slope |
| |
|
is not required to
amend the operational plan for the area.
|
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(4) |
The holder of a
woodlot licence is exempt from the requirements |
| |
(a) |
to submit a new
operational plan under section 35 (1) of the Act, |
| |
(b) |
to prepare a site
plan under section 35 (2) (b) of the Act, or |
| |
(c) |
to prepare a site
plan under section 36 (4) (b) of the Act. |
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(5) |
A holder of a woodlot licence who is exempt under subsection (4) must prepare a site plan that conforms to this regulation for the area to which the silviculture prescription applied. |
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Minor amendments to operational
plans |
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24.1 |
(1) |
For the purposes of
section 42.1 (1) (b) of the Act, a proposed amendment to an
operational plan meets the prescribed requirements if the proposed
amendment will not increase the adverse impact on forest resources and is
limited to one or more of the following: |
| |
(a) |
deletions of proposed
cutblocks or roads, or portions of proposed cutblocks or roads, provided
that the amendment does not deleteriously impact the forest health of the
area; |
| |
(b) |
minor mapping changes
in cutblock or road location resulting from a field traverse having
ascertained a more accurate geographic location; |
| |
(c) |
changes in the areas
of a harvested cutblock as a result of a field traverse that provides more
accurate areas; |
| |
(d) |
changes in the year
or season of harvest or road construction provided that the timing is not
critical to the management of non-timber forest resources; |
| |
(e) |
changes in the
harvesting schedule from current proposed year of harvest to another year,
provided the cutblock is under a cutting permit; |
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(f) |
changes in proposed roads, including temporary roads, provided that the changes maintain the general pattern and intent of proposed road development access; |
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(i) |
a road exceeding 300
m in length; |
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(ii) |
a road in a riparian
reserve zone or a riparian management zone; |
| |
(iii) |
a road in an area
having sensitive slopes; |
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(iv) |
exceeding the maximum
limits for the proportion of the cutblock that may be occupied with soil
disturbance; |
| |
(g) |
changes to the locations of roads or cutblocks that are consistent with the approximate location shown in the forest development plan; |
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(h) |
increases in the area of a cutblock, provided that the additional area is outside a riparian reserve zone or an area referred to in section 65 and does not exceed the greater of |
| |
(i) |
10% of the cutblock
area, or |
| |
(ii) |
1 hectare; |
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(i) |
changes in the
silvicultural system from a clearcut system to a partial cut system,
provided that the changes do not result in |
| |
(i) |
an increase in the
maximum limits for the proportion of the cutblock that may be occupied
with soil disturbance, |
| |
(ii) |
a change to the
stocking requirements for the area, or |
| |
(iii) |
the retention of low
value or poor quality timber that will significantly impede the
establishment of vigorous regeneration; |
| |
(j) |
changes to harvesting
systems from ground to aerial or cable provided that the changes do not
result in an increase in the maximum limits for the proportion of the
cutblock that may be occupied by soil disturbance; |
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(k) |
Repealed. [B.C. Reg. 292/2003, effective August 5, 2003] |
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District manager actions where
amendments wrongly made |
| |
24.2 |
(1) |
The district manager
may take the action specified in this section, if |
| |
(a) |
the holder of a
forest development plan, silviculture prescription or site plan has made
an amendment to the plan or prescription under section 42.1 (1) of
the Act without the approval of the district manager, and |
| |
(b) |
the district manager
considers that the determination by the holder that the amendment met the
requirements of that section was wrongly made. |
| |
(2) |
The district manager,
in a written notice to the holder who made the amendment referred to in
subsection (1), may request the holder to suspend any operations on
the area that are subject to the amendment to the extent that the
operations are materially affected by the amendment. |
| |
(3) |
If the district
manager makes a request under subsection (2), the district manager
must include reasons for considering that the determination by the holder
was wrongly made. |
| |
(4) |
A request under
subsection (2) remains in effect until the earlier of |
| |
(a) |
the approval of the
amendment under section 41 of the Act, and |
| |
(b) |
the district manager
rescinding the request. |
| |
(5) |
An amendment made
under section 42.1 of the Act that is subject to a request under
subsection (2) is without effect. |
| |
(6) |
A holder of a woodlot
licence who amends a silviculture prescription under section 42.1 (1)
of the Act must provide the district manager with a copy of the amendment
to the prescription. |
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Amendments respecting cutblock
information |
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25 |
(1) |
A holder of a woodlot
licence may amend a forest development plan with respect to information
referred to in section 14 and 19 that is contained in a forest development
plan, including an expired forest development plan referred to in section
9 (3), by providing different information in a site plan. |
| |
(2) |
Sections 7 and 8 of
this regulation do not apply to an amendment under subsection (1). |
| |
(3) |
A holder of a woodlot
licence who has an operational plan, including an expired forest
development plan under section 9 (3), that provides for natural
regeneration of an area, may plant some or all of the area without
requiring an amendment to the plan. |
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| |
Amendments to logging plans |
|
25.1 |
|
A holder of a woodlot licence who holds a logging plan that pertains to an area for which a silviculture prescription or site plan applies is exempt from the requirementsof the Act and this regulation to obtain the approval of an amendment to the logging plan. |
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26 |
|
Repealed. [B.C. Reg.
18/2001, Sch. 3] |
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27 |
|
Repealed. [B.C. Reg.
18/2001, Sch. 3] |
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Requirement for a site plan –
transition |
| |
28 |
(1) |
If the forest
development plan was approved before the coming into force of this
regulation and there is no silviculture prescription approved for the
cutblock, before the holder of a woodlot licence harvests timber under a
cutting permit, the holder must prepare and obtain approval of a site plan
for the cutblock. |
| |
(2) |
The site plan
required under subsection (1) must |
| |
(a) |
meet the content
requirements of section 14 unless exempted by the district manager on the
grounds that the exempted information is not necessary to adequately
manage and conserve the forest resources, and |
| |
(b) |
comply with any
request of the district manager under section 19. |
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Requirement for a logging plan –
transition |
| |
29 |
(1) |
If the silviculture
prescription was approved for the cutblock before the coming into force of
this regulation and there is no logging plan approved for that cutblock,
before the holder of a woodlot licence harvests timber under a cutting
permit, the holder must prepare and obtain approval of a logging plan for
the cutblock. |
| |
(2) |
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), except that |
| |
(a) |
the provisions set
out in sections 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. |
|
