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Summary
Page Contents:
Changes in the
FPC Legal Framework
The amendments to the FPC resulting from
the Forests Statutes Amendment Act (No. 2) 2002 contain
the following. These amendments are effective December 17, 2002
and will continue until April 1, 2005:
- New,
amended and repealed provisions to the Forest Practices
Code of British Columbia Act.
- Minor
changes to 7 regulations:
- Bark
Beetle Regulation;
- Community
Forest Agreement Regulation;
- Fort
St. John Pilot Project Regulation;
- Range
Practices Regulation;
- Security
for Forest Practices Liabilities Regulation;
- Stillwater
Pilot Project Regulation; and
- Strategic
Planning Regulation.
- Two new
regulations:
- Operational
and Site Planning—replacing the Operational Planning
Regulation; and
- Timber
Harvesting and Silviculture Practices—replacing two
regulations: Timber Harvesting Regulation and Silviculture
Practices Regulation.
- Major
changes to 2 regulations:
- Forest
Road Regulation; and
- Woodlot
Licence Forest Management Regulation.
What is Changed?
Planning
The following major changes have occurred
in planning on forest tenures. Additional changes defined in
the sections on Forest Development Plans, Site Plans and Silviculture,
Roads and Woodlots and Community Forest Agreements Planning
and Practices:
- Forest
Development Plans (FDP) are extended until 2005;
- Site
Plans are not operational plans and are not subject to review
and approval;
- Existing
Silviculture Prescriptions remain in place and are enforceable;
- Silviculture
Prescriptions are no longer prepared or approved, but can
be amended;
- Road
Layout and Design (RLAD) plans are prepared but not subject
to review and approval except in 3 specific circumstances;
and
- FDPs
will need to be amended to include stocking standards in order
for harvesting to proceed on areas without Silviculture Prescriptions.
Practices
The following major changes have occurred
in practices. Additional changes defined in the sections on
Forest Development Plans, Site Plans and Silviculture, Roads,
Timber Harvesting and Silviculture Practices and Woodlots and
Community Forest Agreements Planning and Practices:
- Performance
standards defined in FDP with default standards in the Timber
Harvesting and Silviculture Practices Regulation (THSPR);
- Amendments
apply to operational plans such as FDP; and
- Variances
do not apply to operational plans—instead they apply
to any of the unrestricted requirements in the THSPR (e.g.,
exceeding seed transfer limits).
Compliance
and Enforcement
Compliance and enforcement will focus on
statutory and regulatory provisions and standards amended into
FDPs and pre-existing silviculture prescriptions. Additional
information is described in the section on Compliance and Enforcement.
How does this affect
government and industry?
Government
Government will have a focused role in reviewing
plans:
- No longer
review and approve new silviculture prescriptions-site plans
replace silviculture prescriptions and show how the forest
will be harvested and treated to establish a free-growing
stand as well as road layout and design plans; and
- Review
and approve FDPs--existing FDPs will be extended to April
1, 2005. Between April 1, 2003 and April 1, 2005, forest companies
will have 2 years wherein they may either amend the extended
FDP, prepare a new forest development plan or prepare a forest
stewardship plan (under the FRPA). Once a FSP is approved,
it automatically cancels and replaces the FDP or portion of
FDP that is common to both. More information and training
on FSPs will occur in Spring 2003.
Government will also set standards for site
plans that licenses must meet unless they seek a variance. Government
will have an expanded role in compliance and enforcement. Additional
changes to the roles of MOF, WLAP and MSRM will occur under
the FRPA.
Industry
Industry will continue to:
- prepare
and maintain plans (reduce content requirements for site plans
compared to silviculture prescriptions); and
- conduct
harvesting and silviculture practices to maintain environmental
standards for all defined resource values.
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