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Forest Practices > Forest Health > Legislation > Ministry of Forests Act…
Forest Health and Forest Legislation
Ministry of Forests Act and the Forest Act
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Ministry of Forests Act
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DISCLAIMER:
NOTE: The text has been condensed for use only as a quick reference.
Consult the official verision of the legislation for actual wording and complete context.
The official version is available through the Queen's Printer. An unofficial version is available
on-line. Only statutory decision-makers and a court of law can
legally interpret legislation and regulations or determine their
intent.
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(4) The
purposes and functions of the ministry are, under the direction of the
minister, to do the following:
(a) encourage maximum productivity of the
forest and range resources in British Columbia;
(b) manage, protect and conserve the forest
and range resources of the government, having regard to the immediate and
long term economic and social benefits they may confer on British
Columbia;
(c) plan the use of the forest and range
resources of the government, so that the production of timber and forage,
the harvesting of timber, the grazing of livestock and the realization of
fisheries, wildlife, water, outdoor recreation and other natural resource
values are coordinated and integrated, in consultation and cooperation
with other ministries and agencies of the government and with the private
sector;
(d) encourage a vigorous, efficient and
world competitive
(i) timber processing industry,
in British Columbia;
(e) assert the financial interest of the
government in its forest and range resources in a systematic and equitable
manner.
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Forest Act
8. Allowable Annual Cut
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(1)
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The chief forester must determine an
allowable annual cut at least once every 5 years after the date of the
last determination, for |
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(a) |
the Crown land in each timber supply area,
excluding tree farm licence areas, community forest agreement areas and
woodlot licence areas, and |
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(b) |
each tree farm licence area. |
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(8)
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In determining an allowable annual cut
under subsection (1) the chief forester, despite anything to the
contrary in an agreement listed in section 12, must consider |
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(a) |
the rate of timber production that may be
sustained on the area, taking into account |
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(i) |
the composition of the forest and its
expected rate of growth on the area, |
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(ii) |
the expected time that it will take the
forest to become re-established on the area following denudation, |
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(iii) |
silviculture treatments to be applied to
the area, |
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(iv) |
the standard of timber utilization and the
allowance for decay, waste and breakage expected to be applied with
respect to timber harvesting on the area, |
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(v) |
the constraints on the amount of timber
produced from the area that reasonably can be expected by use of the
area for purposes other than timber production, and |
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(vi) |
any other information that, in the chief
forester's opinion, relates to the capability of the area to produce
timber, |
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(b) |
the short and long term implications to
British Columbia of alternative rates of timber harvesting from the
area, |
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(c) |
Repealed. [2003-31-2 (B.C. Reg. 401/2003)] |
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(d) |
the economic and social objectives of the
government, as expressed by the minister, for the area, for the general
region and for British Columbia, and |
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(e) |
abnormal infestations in and devastations
of, and major salvage programs planned for, timber on the area. |
[Back to Table of Contents]
14(e) to 45. Contents of licences to dispose of Crown timber.
The sections below describe the contents of licenses which may include other terms and
conditions, consistent with this Act and the regulations, the Forest Practices Code of
British Columbia Act and the regulations and the standards made under that Act, determined
by the regional manager. Forest health is included in some of these terms and conditions:
| 14(h) |
Forest License |
| 22(g) |
Timber Sale License |
| 30(g) |
Timber License |
| 35(1)(d)(iv)(E) |
TFLs |
| 41(1)(g) |
Pulpwood Agreements |
| 43.4(h) |
Community Forest Agreement |
| 43.8(h) |
Community Salvage licenses |
| 45(1)(f) iv-D) |
Woodlots |
Forest health obligations are described primarily (with the
exception of TFL and Woodlot license content requirements) within the FPC Act and regulations
[Back to Table of Contents]
14.1 Mountain pine beetle salvage area
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(1) |
The Lieutenant Governor in Council, by
regulation, may |
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(a) |
designate Crown land infested by
mountain pine beetles as a mountain pine beetle salvage area for a
prescribed period, and |
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(b) |
repeal or amend a regulation under
paragraph (a). |
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(2) |
A forest licence that includes all or
part of a mountain pine beetle salvage area, in addition to setting
out the matters described in section 14, may |
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(a) |
require any type of security, including
but not limited to money, to be provided and maintained by the
holder of the forest licence to ensure |
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(i) |
within a specified period or according
to a required schedule of construction, or both, the construction or
expansion of a timber processing facility that conforms to specified
requirements, and |
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(ii) |
the reforestation of areas described in
the licence by reference to one or more of geographic location, type
of timber and type of terrain, |
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(A) |
at a rate of reforestation, and
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(B) |
over a period |
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specified in the licence, |
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(b) |
specify one or more of the following: |
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(i) |
the type of security that is acceptable
or unacceptable; |
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(ii) |
the form and content of the security; |
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(iii) |
the circumstances under which the
security may be realized; |
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(iv) |
respecting the distribution of the
realized security, |
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(c) |
provide that its holder may not harvest
under the licence until the timber processing facility has been
substantially completed to the satisfaction of the minister, |
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(d) |
require timber harvesting under the
licence to be restricted to only a portion of a timber supply area,
and |
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(e) |
include other terms and conditions that
the minister considers are necessary or desirable in relation to
mountain pine beetle infestation in the mountain pine beetle salvage
area. |
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(3) |
If a forest licence referred to in
subsection (2) |
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(a) |
requires security to be provided and
maintained, as described in paragraph (a) of that subsection, and
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(b) |
the holder of the licence has provided
the security,
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the minister by notice served on the
holder may cancel the licence in the circumstances specified under
paragraph (b) (iii) of that subsection. |
[Back to Table of Contents]
72 Removal of dead or damaged timber on lands under an area
based tenure
| (2) |
The DM may enter into an agreement in the form of a TSL with a person other than the
holder of the license |
| (3) |
The TSL differs from normal TSL's described in s. 20 &22 by
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a) having no advertising and be direct awarded |
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b) (i) must be restricted primarily for the harvest of windthrow, dead, damaged,
insect infested or diseased timber or special forest products, and,
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(ii) harvest <2000 cu m.
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Before entering into a TSL the DM must serve a notice on the holder of the license
inviting the holder to harvest the timber or special forest products that would have
otherwise be harvested under the proposed TSL |
| (5) |
The DM must include in the notice a date by which the harvest must be completed taking
into account (a) time before significant loss of value loss or destruction or prevention
of insect spread; (b) any seasonal constraint that would limit harvest and (c) the nature
and location of the holder of the license's operations in the licensee's area.
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the holder of the license is given 14 days to respond after receiving the notice and
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if they do not reply or agree or (b) replies and agrees but does not do so by the date
specified the DM may enter into a TSL |
| (8) |
if the condition in 7b occurs the DM assesses what would have been harvested if it
hadn't been lost or degraded; and |
| (9) |
that amount is used by the DM to determine the proportion it represents in the
"volume of timber harvested during a calendar year" in s53(1) for cut control
purposes |
[Back to Table of Contents]
73 Removal of dead or damaged timber from a TSA
same as s. 72 modified to accommodate "holders of operational plans" within a
TSA (i.e. volume based tenures - FL, TSL)
[Back to Table of Contents]
109(3) money in the Small Business Forest Enterprise Account
shall be expended only
| (a)(i) |
to defray the costs of preparing forest development plans, ... for timber sale
licences that yield SBFEP revenue, and |
| (ii) |
carrying out assessments to formulate these plans [i.e., forest health assessments],
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| (b) |
to defray the costs of ... protection of forests and administration and other forest
management requirements that are incidental to operations that yield SBFEP revenue [e.g.,
beetle management] |
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Last updated on October 19, 2005
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