Forest Practices Code of BC Act

PART 2 - STRATEGIC PLANNING, OBJECTIVES AND STANDARDS

NOTE: This is not the current version of the Forest Practices Code. This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

For the current version click here

2. Provincial forest and a wilderness area

2. (1) Private land in a tree farm licence or in a woodlot licence and Crown land that is

(a) in a Provincial forest, other than Crown land in a wilderness area,

(b) described in an agreement under the Range Act, or

must be managed and used in a way that is consistent with one or more of the following:

(d) timber production, utilization and related purposes;

(e) forage production and grazing by livestock and wildlife and related purposes;

(f) recreation, scenery and wilderness purposes;

(g) water, fisheries, wildlife, biological diversity and cultural heritage resource purposes;

(h) any purpose permitted by or under the regulations.

(2) A wilderness area must be managed and used in a way that is consistent with one or more of the following:

(a) preservation of wilderness;

(b) preservation of biological diversity;

(3) A person must not carry out commercial timber harvesting in a wilderness area.

(4) Despite subsections (1) to (3), under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act, a person may use or occupy Crown land that is

(a) in a Provincial forest or in a wilderness area, if the person does so in accordance with the regulations and, if required by the regulations, with a special use permit,

(b) described in an agreement under the Range Act, or

(5) A person must obtain a special use permit, if required to do so by the regulations, if the person uses or occupies Crown land that is

(a) in a Provincial forest or in a wilderness area,

(b) described in an agreement under the Range Act, or

(6) Subsection (5) does not apply to a person who uses or occupies Crown land described in an agreement under the Range Act or in a woodlot licence if the use or occupation is under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act.

(7) Repealed. [2002-26-4] NEW

3. Resource management zones and objectives

3. (1) The minister, in accordance with the regulations and by written order, may

(a) establish an area of Crown land or an area of private land in a tree farm licence or woodlot licence as a resource management zone, and

(b) vary the boundaries of the zone or cancel the zone.

(2) The minister, in accordance with the regulations and by written order, must establish objectives for a resource management zone and may vary or cancel an objective.

(3) Before establishing, varying or cancelling a resource management zone or objective in a way that significantly affects the public, the minister must provide for

(a) review, and

(b) comment

in accordance with the regulations.

(4) The minister must file an order made under this section

(a) with an office maintained by the minister in the forest region in which the resource management zone is located, or

(b) in accordance with the regulations.

(5) The establishment, variance or cancellation of a resource management zone or objective takes effect on the date the order is made or on a later date specified in the order.

(6) The minister must make available to the public

(a) an order made under subsection (1) and, if applicable, a map showing the boundaries of the resource management zone established or varied by that order, and

(b) an order made under subsection (2).

(7) The minister may

(a) delegate in writing the authority to establish, vary or cancel a resource management zone or objective to a person or class of persons,

(b) limit or revoke a delegation made under paragraph (a), and

(c) provide directions respecting the establishment, variance or cancellation of a resource management zone or an objective, in respect of a delegation made under paragraph (a).

(8) A plan or agreement declared to be a higher level plan for the purposes of this Act by the ministers before June 15, 1997 is continued and

(a) the area to which the plan or agreement applies is deemed to be a resource management zone,

(b) the provisions of the plan or agreement are deemed to be objectives,

(c) the plan or agreement need not meet any content requirements or any public review requirements that are prescribed under this Act, and

(d) the plan or agreement remains in effect until the first to happen of the following:

(i) the plan or agreement expires and is not replaced under this section;

(ii) the plan or agreement is replaced with a resource management zone and objectives in accordance with this section.

(9) An order of the ministers under section 3 (1) of this Act in effect immediately before November 28, 2003 is deemed to be an order of the minister under subsection (1) of this section.

(10) An objective for a resource management zone in effect immediately before November 28, 2003 is deemed to be an objective ordered by the minister under subsection (2).

4. Landscape units and objectives

4. (1) The minister, in accordance with the regulations and by written order, may establish an area of Crown land or an area of private land in a tree farm licence or woodlot licence as a landscape unit and vary the boundaries of the unit or cancel the unit.

(2) The minister, in accordance with the regulations and by written order, must establish objectives for a landscape unit and may vary or cancel an objective.

(3) Before establishing, varying or cancelling a landscape unit or an objective in a way that significantly affects the public, the minister must provide for review and comment in accordance with the regulations.

(4) The minister must file an order made under this section

(a) with an office maintained by the minister in the forest region in which the landscape unit is located, or

(b) in accordance with the regulations.

(5) The establishment, variance or cancellation of a landscape unit or objective takes effect on the date the order is made or on a later date specified in the order.

(6) The minister must make available to the public

(a) an order made under subsection (1) and, if applicable, a map showing the boundaries of the landscape unit established or varied by that order, and

(b) an order made under subsection (2).

(7) The minister may

(a) delegate in writing the authority to establish, vary or cancel a landscape unit or objective to a person or a class of persons,

(b) limit or cancel a delegation made under paragraph (a), and

(c) provide directions respecting the establishment, variance or cancellation of a landscape unit or objective, in respect of a delegation made under paragraph (a).

(8) If an objective for a resource management zone is established or varied for an area that includes a landscape unit, to the extent that the objective for the landscape unit is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.

5. Sensitive areas and objectives

5. (1) The minister, in accordance with the regulations and by written order, may establish an area of Crown land or an area of private land in a tree farm licence or woodlot licence as a sensitive area and vary the boundaries of the area or cancel the area.

(2) The minister, in accordance with the regulations and by written order, must establish objectives for a sensitive area and may vary or cancel an objective.

(3) Before establishing, varying or cancelling a sensitive area or an objective for a sensitive area in a way that significantly affects the public, the minister must provide for

(a) review, and

(b) comment

in accordance with the regulations.

(4) The minister must file an order made under this section

(a) with an office maintained by the minister in the forest region in which the sensitive area is located, or

(b) in accordance with the regulations.

(5) The establishment, variance or cancellation of a sensitive area or of an objective takes effect on the date the order is made or on a later date specified in the order.

(6) The minister must make available to the public

(a) an order made under subsection (1) and, if applicable, a map showing the boundaries of the sensitive area established or varied by that order, and

(b) an order made under subsection (2).

(7) The minister may

(a) delegate in writing the authority to establish, vary or cancel a sensitive area or objective to a person or class of persons,

(b) limit or revoke a delegation made under paragraph (a), and

(c) provide directions respecting the establishment, variance or cancellation of a sensitive area or objective, in respect of a delegation made under paragraph (a).

(8) If an objective for a resource management zone is established or varied for an area that includes a sensitive area, to the extent that the objective for the sensitive area is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.

(9) An order of the district manager under section 5 (1) of this Act in effect immediately before November 28, 2003 is deemed to be an order of the minister under subsection (1) of this section.

(10) An objective for a landscape unit in effect immediately before November 28, 2003 is deemed to be an objective ordered by the minister under subsection (2).

(11) A direction of the chief forester under section 5 of this Act in effect immediately before November 28, 2003 is deemed to be a direction of the minister under subsection (7) (c) of this section.

6. Interpretive forest sites, recreation sites and recreation trails

6. (1) In accordance with the regulations the chief forester, by written order, may establish Crown land as an interpretive forest site, recreation site or recreation trail, if the land is

(a) within a timber supply area, or

(b) subject to a tree farm licence, woodlot licence or timber licence,

and may vary or cancel an establishment under this subsection.

(2) Before establishing, varying or cancelling an area under subsection (1), the chief forester must obtain the consent of the holder of

(a) a timber sale licence that does not provide for cutting permits or a licence to cut, other than a master licence to cut,

(b) a cutting permit, a free use permit, a Christmas tree permit, a road permit, a timber licence, a site plan, a silviculture prescription or a special use permit, or

if the holder's rights under the licence, permit, plan, prescription or interest would be adversely affected by the establishment, variation or cancellation.

(3) If the chief forester establishes an area under subsection (1), the chief forester must establish objectives for the area, in accordance with the regulations, within 6 months of the establishment.

(3.1) The establishment of an area under subsection (1) or of an objective under subsection (3) takes effect on the date the order is made or on a date specified in the order.

(4) The chief forester may vary or cancel an objective established under subsection (3).

(5) The chief forester may delegate in writing to an employee of the Ministry of Forests, the chief forester's authority to establish, vary or cancel an objective and may limit or cancel the delegation.

7. Maintenance of interpretive forest sites, recreation sites and recreation trails

7. If an area has been established as an interpretive forest site, recreation site or recreation trail, the minister may develop, maintain, repair or close an interpretive forest site, recreation site or recreation trail on the area.

8. Standards for operational plans and forest practices

8. (1) If authorized by the regulations and in accordance with the regulations, the chief forester may establish, vary or cancel standards that must be met

(a) in preparing an operational plan, or

(b) in carrying out a forest practice.

(2) In a standard under subsection (1) the chief forester may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(3) The chief forester must file a standard with the regional manager for the area affected by the standard.

(4) A standard takes effect

(a) 6 months after it is filed with regional manager, or

(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the standard.

(5) The regional manager must make the standard available to the public in accordance with the regulations.

(6) If 2 or more standards apply to a specific area of British Columbia, the standard which provides greater protection and conservation of the environment and the forest resources prevails.

(7) A standard is not effective to the extent it conflicts with this Act or the regulations.

9. Management plans and inventories

9. (1) If an objective, specification or measure in a management plan differs from those provided under this Act, the regulations, the standards or the objectives established under this Part, the more stringent objective, specification or measure prevails.

(2) to (5) [Repealed]

9.1 Higher level plan transition required

9.1 A higher level plan must specify any provision of the plan that will not be implemented when the plan is established or varied and must specify the date the provision will be implemented or the circumstances that will enable it to be implemented.

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