Forest Practices Code of BC Act

PART 3 - OPERATIONAL PLANNING REQUIREMENTS FOR GOVERNMENT AND FOR FOREST AND RANGE TENURE AGREEMENTS

DIVISION 2 - OPERATIONAL PLANNING REQUIREMENTS

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

• TABLE OF CONTENTS
• PART 1 - DEFINITIONS
• PART 2 - STRATEGIC PLANNING, OBJECTIVES AND STANDARDS
• PART 3 - OPERATIONAL PLANNING REQUIREMENTS FOR GOVERNMENT AND FOR FOREST AND RANGE TENURE AGREEMENTS
  • DIVISION 1 - CONTENT OF OPERATIONAL PLANS
  • DIVISION 2 - OPERATIONAL PLANNING REQUIREMENTS
  • DIVISION 3 - EXEMPTION FROM OPERATIONAL PLANNING REQUIREMENTS
  • DIVISION 4 - AMENDMENT AND REPLACEMENT OF OPERATIONAL PLANS
  • DIVISION 5 - NOTICE AND EVALUATION OF OPERATIONAL PLANS
• PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT
• PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL
• PART 6 - COMPLIANCE AND ENFORCEMENT
• PART 7 - GENERAL
• PART 8 - FOREST PRACTICES BOARD
• PART 9 - FOREST APPEALS COMMISSION
• PART 10 - REGULATIONS
• PART 10.1 - PILOT PROJECTS TO IMPROVE THE REGULATORY FRAMEWORK FOR FOREST PRACTICES
• PART 11 - TRANSITIONAL PROVISIONS

17. (1) Before the holder of an agreement under the Forest Act or the Range Act prepares an operational plan or amendment for submission to the district manager, the holder must carry out the assessments required by the regulations and collect and analyze the data required by the regulations to formulate operational plans, and make the assessments, data and analyses available to the district manager.

(2) Without limiting subsection (1), if required by the regulations and in accordance with the regulations, the holder must do the following:

(a) identify and classify the following:

(i) streams, wetlands and lakes;

(ii) wildlife habitat areas;

(iii) scenic areas;

(iv) recreation features;

(v) areas that are required by the regulations to be identified and classified;

(b) assess watersheds that meet the prescribed requirements to determine the impact of proposed timber harvesting and related forest practices;

(c) assess cultural heritage resources.

(3) Without limiting subsection (1), if required by the regulations and in accordance with the regulations, the holder must collect and analyze data respecting the following:

(a) site and soil conditions;

(b) terrain, terrain stability and hazards associated with instability;

(c) forest health including pests and other forest health hazards;

(d) any prescribed matters.

18. (1) The district manager may invite applications for, or enter into, a timber sale licence that does not provide for cutting permits, only if a forest development plan identifies the cutblocks that are to be harvested under the timber sale licence during the period covered by the forest development plan.

(2) Subsection (1) does not apply to a timber sale licence for timber harvested under the Park Act.

(3) If a timber sale licence that is not a major licence provides for cutting permits, the holder may apply for a cutting permit only if the cutblocks to be harvested under the cutting permit are identified in a forest development plan.

(4) If a timber sale licence that is not a major licence and does not provide for cutting permits has a term that extends beyond the period covered by a forest development plan described in subsection (1), the holder of the timber sale licence must not under that licence harvest timber from an area not identified in that forest development plan unless another forest development plan is given effect that identifies the additional cutblocks to be harvested under the timber sale licence.

(4.1) A forest development plan prepared by the district manager under this section must identify the approximate location of the following existing and proposed roads:

(a) the forest service roads that are not required to be identified on a forest development plan prepared by the holder of

(i) a major licence,

(ii) a timber sale licence that is not a major licence and that provides for cutting permits, if the holder has prepared the forest development plan under subsection (5), or

(iii) a woodlot licence;

(b) roads referred to in subsection (4.2), if the holder of a timber sale licence that is not a major licence and that provides for cutting permits does not prepare a forest development plan under subsection (5);

(c) the roads for which the holder of a timber sale licence that is not a major licence and that does not provide for cutting permits is responsible under a road permit, or for which the holder will be required to have a road permit.

(4.2) If the holder of a timber sale licence, that is not a major licence, and provides for cutting permits, prepares a forest development plan, the plan must identify the approximate location of the following existing and proposed roads:

(a) existing forest service roads that the holder uses to access cutblocks;

(b) existing roads for which the holder is responsible under a road permit;

(c) proposed roads that provide access to cutblocks or to areas that are intended to be the site of future cutblocks.

(4.3) Subsections (1), (3), (4), (4.1) and (4.2) do not apply to a timber sale licence that authorizes minor salvage operations if, for those operations, there is in effect a forest development plan that meets the requirements of section 10 (3).

(5) A forest development plan for a timber sale licence that is not a major licence takes effect as follows:

(a) if the district manager prepares the plan, on the effective date specified in the plan;

(b) if a holder of a timber sale licence that provides for cutting permits prepares the plan with the district manager's consent, on the date specified in the approval of the plan under Division 5 of this Part.

(6) A forest development plan under this section expires after a prescribed period from the date the plan takes effect.

(7) Before or after the expiry of a forest development plan under this section, the plan may be extended for a period or periods not exceeding a total of one year, as follows:

(a) by the regional manager if the plan was prepared by the district manager;

(b) by the district manager, if the plan was prepared by the holder of a timber sale licence and the holder requests or consents to the extension.

(8) repealed [2002-76-10]

(9) Despite subsection (6), a forest development plan prepared under this section that is

(a) in effect immediately before the coming into force of this subsection continues in effect until April 1, 2005,

(b) prepared by the district manager after the coming into force of this subsection

(i) takes effect on the date specified in the plan, and

(ii) continues in effect until April 1, 2005, and

(c) prepared by the holder of a timber sale licence under subsection (4.2) after the coming into force of this subsection

(i) takes effect on the date specified in the approval of the plan under Division 5 of this Part, and

(ii) continues in effect until April 1, 2005.

(10) Despite subsection (7), the district manager may not extend the term of a forest development plan referred to in subsection (9).

19. (1) A holder of a major licence, community forest agreement or a woodlot licence may apply for a cutting permit, and a holder of a pulpwood agreement may apply for a forestry licence to cut, only if a forest development plan identifies the cutblocks to be harvested under the cutting permit or licence.

(1.1) In subsection (1.2), "old cutblock" means an area that, before June 15, 1995,

(a) was shown on a development plan, operating plan, pre-harvest silviculture prescription or logging plan as an area from which timber was to be harvested, and

(b) was the site of timber harvesting under the plan or prescription.

(1.2) A forest development plan prepared by the holder of a major licence, community forest agreement or woodlot licence must identify the approximate location of

(a) the following roads that provide access to cutblocks:

(i) existing forest service roads that the holder uses;

(ii) existing roads for which the holder is responsible under a road permit,

(b) existing roads that provide access to cutblocks or old cutblocks if the holder is responsible for the road under a cutting permit issued before June 15, 1995,

(c) proposed roads that provide access to cutblocks or to areas that are intended to be the site of future cutblocks, and

(d) roads for purposes other than timber harvesting if the holder is responsible for the road under a road permit.

(1.3) Subsections (1) and (1.2) do not apply to a major licence, community forest agreement, woodlot licence or pulpwood agreement that authorizes minor salvage operations if, for those operations, a forest development plan meeting the requirements of section 10 (3) has been approved by the district manager.

(2) A forest development plan for a major licence, community forest agreement or woodlot licence takes effect on the date specified in the approval of the plan under Division 5 of this Part.

(3) A forest development plan under this section expires after a prescribed period from the date specified in the approval of the plan under Division 5 of this Part.

(4) Before or after a forest development plan under this section expires, the district manager may extend the term of the plan for a period or periods not exceeding a total of one year at the request of or with the consent of holder of a major licence or community forest agreement who prepared the plan.

(5) repealed [2002-76-10]

(6) Despite subsection (3), a forest development plan for a major licence that

(a) was in effect immediately before the coming into force of this subsection continues in effect until April 1, 2005, or

(b) is approved after the coming into force of this subsection

(i) takes effect on the date specified in the approval, and

(ii) continues in effect until April 1, 2005.

(7) Despite subsection (4), the district manager may not extend the term of a forest development plan referred to in subsection (6).

(8) Despite subsection (3), if a forest development plan for a woodlot licence

(a) was in effect immediately before the coming into force of this subsection, the plan continues in effect until the later of

(i) April 1, 2005, and

(ii) the date specified in the approval of the plan, or

(b) expired at any time during the one year period that ended on the date this subsection came into force, the plan

(i) is deemed to have received approval under this Act immediately before that date, and

(ii) continues in effect until April 1, 2005.

21. The district manager may require the holder of

(a) a road permit, unless the holder also holds a major licence, timber sale licence, community forest agreement or woodlot licence, or

(b) a licence to cut or a cutting permit under a master licence to cut

to prepare and obtain the district manager's approval of a logging plan before harvesting timber under the permit or licence if the district manager determines that the logging plan is necessary to adequately manage and conserve the forest resources of the area to which it applies.

21.1 The district manager must prepare a site plan for an area of Crown land from which a person is authorized to harvest timber under a timber sale licence that is not a major licence.

(2) However, the district manager need not prepare a site plan under subsection (1) if the timber sale licence specifies that the holder of the licence must prepare and submit to the district manager

(a) a silviculture prescription, or

(b) a site plan

for the area to be harvested under the timber sale licence.

(3) A person must not harvest timber from an area referred to in

(a) subsection (1) until the district manager prepares the site plan for the area, or

(b) subsection (2) until the holder of the timber sale licence prepares and submits to the district manager a site plan for the area to be harvested under the timber sale licence.

(4) A holder of a timber sale licence who submits a site plan under subsection (3) (b) is not required to prepare and submit a silviculture prescription for the area to be harvested under the licence, despite a requirement under the licence to do so.

(5) Before the holder of a major licence harvests timber under a cutting permit, the holder must prepare a site plan for the area to be harvested under the cutting permit.

(6) The holder of a major licence must prepare a site plan for an area in which the holder has cut, removed, damaged or destroyed Crown timber in contravention of section 96.

(7) Despite subsections (1) to (6), a person is not required to prepare a site plan for the following areas:

(a) an area that is outside a cutblock, if the area is to be used for the construction and use of a road, gravel pit or borrow pit;

(b) an area that is subject to a silviculture prescription that was approved before the coming into force of this subsection;

(c) an area that is the subject of an exemption for a silviculture prescription described in section 30.1.

(8) A holder of a site plan that was prepared under this section must make it publicly available at any reasonable time at the holder's place of business nearest to the area under the site plan, on request.

(9) For the purposes of subsection (1), Crown land does not include land that is Crown land only because the timber on the land is reserved to the government.

22.1 (1) Except in prescribed circumstances, and subject to subsection (2) and to sections 34 to 38 and 162.1, a silviculture prescription prepared under section 22 that is in effect immediately before the coming into force of this section remains in effect.

(2) A silviculture prescription prepared under section 22 (1) (b), (5) or (6) as it was immediately before the coming into force of this subsection is without effect.

23.(1) repealed [2002-76-10]

(2) repealed [2002-76-10]

(3) A silviculture prescription prepared under subsection (1) or (2) before the repeal of those subsections is without effect.

27. (1) The holder of an agreement under the Range Act must prepare and obtain the district manager's approval of a range use plan before the holder

(a) grazes livestock, cuts hay or constructs or carries out range developments on range land to which the agreement applies, or

(b) grazes livestock on unfenced grazing land.

(2) In a notice given to the holder of an agreement under the Range Act, the district manager may relieve the holder of the requirement to prepare and submit a range use plan.

(3) If the district manager gives the holder a notice under subsection (2),

(a) the district manager must prepare the range use plan, and

(b) the holder must supply information requested by the district manager that is known to the person and is needed to prepare the range use plan.

(4) A range use plan takes effect as follows:

(a) if the district manager prepared the plan, on the effective date specified in the plan;

(b) if a holder of an agreement under the Range Act prepared the plan, on the date specified by the district manager in the approval under Division 5 of this Part.

(5) A range use plan expires on the earlier of

(a) a date, specified by the district manager in the plan or the approval of the plan, not exceeding 10 years from the effective date under subsection (4), or

(b) the date the land to which the range use plan applies ceases to be subject to the agreement under the Range Act, or to an agreement replacing that agreement.

(6) Before or after the expiry of a range use plan, the plan may be extended for a period or periods not exceeding a total of one year as follows:

(a) by a regional manager, if the range use plan was prepared by the district manager;

(b) by the district manager if the plan was prepared by a holder of an agreement under the Range Act and the holder requests or consents to the extension.

(7) If the term of the range use plan is extended, the person who prepared the range use plan must promptly amend it to the extent necessary to ensure compliance with current requirements, the regulations and the standards.

(8) Despite subsection (5), a range use plan prepared under this section and in effect immediately before the coming into force of this subsection continues in effect until the later of

(a) April 1, 2005, and

(b) the date specified in the approval of the plan.

(9) Despite subsection (6), the district manager may not extend the term of a range use plan referred to in subsection (8).

(10) Subsection (7) does not apply to a range use plan referred to in subsection (8).

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