What Is A Licence to Cut?

A licence to cut authorizes a company or an individual to cut and deck/remove timber from land that they occupy or own, where they otherwise do not have the right to harvest Crown timber.  The district manager (DM) may enter into an agreement in the form of a Licence to Cut when she/he has determined that the proposed development is in accordance with section 51 of the Forest Act (FA). This licence can include terms, which ensure compliance with both the FA and the Forest Practices Code of British Columbia.

Please note it is your responsibility to ensure that your proposed tree cutting is in compliance with any applicable local municipal or regional district tree cutting bylaws, before applying to us for a licence to cut.

You should also be aware that consultation with local first nation groups may be required as part of the review process for your licence to cut application.

Please ensure that no tree cutting occurs until you have obtained a licence to cut document signed by the DM.

How Can There Be Crown Timber On Private Land?

Landowners may be advised that they do not have the right to harvest timber from their property, as a result of the clearance search that is conducted when they apply for a timber mark, due to provisions made in historic land transactions of their property.  An example of this is termed “Dominion Patent” lands, where timber rights were not included in the original transfer of property rights from the Crown. They can apply for a licence to cut to harvest the timber and upon approval, a stumpage fee per cubic meter of volume is determined which is payable to the Crown.

What Types Of Crown Land Tenures /Permits Are Considered Occupation Of Crown Land?

There are several types of tenures to occupy Crown Land, where a licence to cut may be issued, which include:

·         Agricultural, Grazing, Residential, or Industrial lease;

·         Access road right if way;

·         Easement;

·         Agreement to Purchase;

·         Licence of Occupation;

·         Mineral Claim;

·         Placer Lease;

·         Lake Salvage;

·         Special Use Permit;    and,

·         Permission to Construct Works within Crown Lands. (for highway right of ways)

Please ensure that you include a copy of your tenure/permit in your application package as proof of your rights to occupy this Crown Land. 

What Happens To The Crown Timber That Is On The Crown Land That I Occupy?

As part of the review that the district staff will conduct when we receive your licence to cut application, an assessment will be made of the quantity and quality of the timber that you propose to cut.   This assessment will determine if you will be required to deck the timber at an accessible location for a future competitive timber sale licence for harvested timber, or if you can apply to purchase it through a licence to cut or cash timber sale licence.

If you are required to deck the timber for a future competitive timber sale licence for harvested timber, a licence to cut will be issued to you, with provisions indicating that this timber is to be decked, and cannot be sold or traded. This generally occurs when the quantity and quality of the timber will create interest on the open market for a competitive timber sale licence of harvested timber.  

If the timber is not suitable for a competitive timber sale, you will be contacted to discuss options available to you to acquire this timber, however, the final decision for approval is at the discretion of the district manager.   If the option to purchase of the timber is approved by the district manager, as noted above, you will be required to pay stumpage according to the acts and regulations.

How Do I Apply?

Please complete an application package to include all items indicated in the licence to cut content checklist, then bring it or send to our office.  You can also drop the application package off at our Cobble Hill office and they will forward it to the Port Alberni office.

At that time, we will review your application, complete the land title clearance checks and then process your application.  When all land use issues are addressed, and it is in accordance with the Forest Act and related legislation, it will be presented to the district manager for approval considerations.

Please ensure that your application is submitted as far in advance as possible as it will normally take about one month to complete the application review and process the required documents.

Who Do I Contact If I Have Any Questions?

You can contact the Tenures Technician at the South Island Forest District for additional information.

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