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Forestry Activities on Echo Island and Stokke Creek
  • Information Bulletin: Echo Island and Stokke Creek area forest development plan approved (Aug. 4, 2004) [more...]
     

  • FAQ on forest activities on Echo Island and Stokke Creek [more...]
     

  • Forest Development Plan planning process [more....]
     

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Sts’ailes submits Forest Development Plan

Sts’ailes Natural Resources Inc. (Sts’ailes) was awarded a non-replaceable Forest Licence in June of 2001.

Sts’ailes is 100% owned by the Chehalis Indian Band and the Forest Licence is managed by Chehalis Forest Products *

* Chehalis Forest Products is a joint venture between Interpac Resources Ltd and Sts’ailes.

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Sts’ailes submitted a Forest Development Plan to the District Manager in December 2003.

 

To read the proponent's description of the plan, including how visual, tourism and environmental values will be protected:

Sts’ailes Natural Resources Inc. Visually and Environmentally Sensitive Harvest Proposal for Echo Island, Harrison Lake, February 27, 2004 [more...] (234kb, PDF format).

 

 

 

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Public Review

The new Forest and Range Practices Act provides transitional provisions for the preparation and approval of FDPs or FDP Amendments.

The forest development plan was subject to a public review process between May 2 –June 30, 2003.

The proponent then extended the review period a month beyond legislated requirements to August 1, 2003.

A public open house was held in Harrison Hot Springs in May and the plan was also presented to the Village of Harrison Hot Springs’ council in July, 2003

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District Manager’s Review

The new Forest and Range Practices Act provides transitional provisions for the preparation and approval of FDPs or FDP Amendments. District Manager reviews comments received from public and agencies. The plan must meet the legislation.

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District Manager requests further information

As a result of the review, further information has been requested by the District Manager.

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District Manager’s Determination

The legal authority of the statutory decision maker is based on:

Section 41(1) of the Forest Practices Code of British Columbia Act (FPC) provides that a district manager MUST APPROVE an operational plan if:

  1. the plan or amendment was prepared and submitted in accordance with the FPC, the regulations and the standards, and

  2. the district manager is satisfied that the plan or amendment will adequately manage and conserve the forest resources [emphasis added] of the area to which it applies.

Forest resources are defined in the FPC as "resources and values associated with forests and range including, without limitation, timber, water, wildlife, fisheries, recreation, botanical forest products, forage and biological diversity".

The discretion granted under section 41(1)(b) is not unlimited. Statutory discretion must be exercised within the boundaries set out in the legislation and by the common law principles of administrative fairness, i.e., a district manager cannot impose additional content requirements on licensees that are outside of the legal requirements.

The district manager will consider the statutory limit of his or her discretion by applying the rules of statutory interpretation. This involves a consideration of the context within which the statutory power is granted. A fundamental part of the context that the district manager must considered is the PREAMBLE to the CODE, which states:

WHEREAS British Columbians desire sustainable use of the forests they hold in trust for future generations; AND WHEREAS sustainable use includes

  1. managing forests to meet present needs without compromising the needs of future generations,

  2. providing stewardship of forests based on an ethic of respect for the land,

  3. balancing economic, productive, spiritual, ecological and recreational values of forests to meet the economic, social and cultural needs of peoples and communities, including First Nations,

  4. conserving biological diversity, soil, water, fish, wildlife, scenic diversity and other forest resources, and

  5. restoring damaged ecologies.

 

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