Forest Practices Code of BC Act

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

DIVISION 4 - AMENDMENT AND REPLACEMENT OF OPERATIONAL PLANS

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

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34. Voluntary amendments

34. (1) A holder of an operational plan

(a) may prepare and submit to the district manager for approval an amendment to the plan at any time, or

(b) if it is an operational plan to which section 42.1 (1) applies, may amend the plan at any time, in accordance with that section.

(2) A holder of a site plan prepared under section 21.1 may amend the plan at any time. NEW

35. Amendment or replacement of operational plan if it is unlikely to succeed

35. (1) Subject to subsection (2) and to section 162.2, the holder of a logging plan, silviculture prescription or range use plan who knows, or reasonably ought to know, that performing the operations specified in the operational plan will not ensure the achievement of the results specified in the operational plan

(a) must submit to the district manager for his or her approval an amendment to the plan or a new operational plan, and

(b) must not carry out, on any parts of the plan area that would be materially affected by the proposed amendment or new plan, any operation related to the amendment or new plan, unless the plan is a range use plan, until the amendment or new plan has been approved or given effect under Division 5 of this Part.

(2) A holder of a silviculture prescription referred to in subsection (1) who considers that it is not practicable to amend the prescription must

(a) report in writing to the district manager specifying the reasons, and

(b) prepare a site plan for the area in accordance with section 11.1.

(2.1) Subject to subsection (2.2), if the government is required to carry out a silviculture prescription and the district manager determines that carrying it out will not ensure the achievement of the results specified in the prescription, the district manager

(a) must prepare an amendment to the prescription, and

(b) must not carry out, on any parts of the plan area that would be materially affected by the proposed amendment, any operation related to the amendment until the amendment has been prepared.

(2.2) If the government is required to carry out a silviculture prescription referred to in subsection (2.1) and the district manager considers that it is not practicable to amend the prescription, the district manager must prepare a site plan for the area in accordance with section 11.1.

(2.3) A site plan prepared in accordance with

(a) subsection (2) is in substitution for the silviculture prescription referred to in that subsection, or

(b) subsection (2.2) is in substitution for the silviculture prescription referred to in that subsection

and the silviculture prescription ceases to have effect on the date the site plan is signed by a professional forester. NEW

(3) If the district manager determines that it is desirable because of special circumstances to amend a range use plan or prepare a new one,

(a) if the holder prepared the range use plan, the district manager may, in writing, require the holder of the plan to submit to the district manager an amendment to the plan or a new plan that meets the approval of the district manager and the person must comply with the requirement, or

(b) if the district manager prepared the range use plan, the district manager may prepare an amendment to the range use plan or prepare a new range use plan.

36. Amendment to a silviculture prescription if desired result impossible

36. (1) Subject to section 162.2, a person responsible for a silviculture prescription must comply with this section if the requirements of the silviculture prescription cannot be met. NEW

(2) If the person referred to in subsection (1) is the holder of a major licence or woodlot licence, the holder

(a) must submit to the district manager a report as to why the requirements of the silviculture prescription cannot be met and the extent to which they will not be met, and

(b) if an amendment is needed to ensure the requirements referred to in paragraph (a) are met, must not carry out, on any parts of the area covered by the silviculture prescription that would be materially affected by the amendment, any operation related to the amendment until an amendment to the silviculture prescription has been approved under Division 5 of this Part. NEW

(3) If the government is responsible for a silviculture prescription referred to in subsection (1), the district manager

(a) must file a report with the regional manager in accordance with the regulations detailing why the requirements of the silviculture prescription cannot be met and the extent to which they will not be met, and

(4) A holder of a silviculture prescription who considers that one or more of the requirements of the prescription cannot be complied with and that it is not practicable to amend the prescription must

(a) report in writing to the district manager specifying the reasons, and

(b) prepare a site plan for the area in accordance with section 11.1. NEW

(5) A site plan prepared in accordance with subsection (4) is in substitution for the silviculture prescription referred to in that subsection and the silviculture prescription ceases to have effect on the date the site plan is signed by a professional forester. NEW

37. Holder of an outdated prescription

37. (1) By written notice to the holder of a silviculture prescription prepared under section 22 (3), the district manager may require the holder to prepare a site plan in accordance with section 11.1 or an amendment to the prescription if the holder

(a) has not been issued a cutting permit to carry out timber harvesting on the area covered by the prescription within 3 years after the date of its approval, or

(b) has been issued a cutting permit to carry out timber harvesting on the area covered by the prescription, but has not begun harvesting before the expiration of the cutting permit.

(2) On receipt of a notice under subsection (1) that a site plan is required, the silviculture prescription is without effect.

(3) Subsection (1) does not apply to a holder of a woodlot licence who also holds a silviculture prescription. NEW

38. Outdated government prescription

38. (1) The district manager must review a silviculture prescription prepared under section 22 (1) (a) or (1.1) if the district manager determines that

(a) a timber sale licence for the area covered by the prescription has not been awarded within 3 years after the date of the prescription's preparation or approval, or

(b) a timber sale licence for the area covered by the prescription has been awarded, but no timber harvesting has begun on the area under the prescription within 3 years after the later of

(i) the date the timber sale licence became effective, and

(ii) the date of the prescription's preparation or approval.

(2) After reviewing a silviculture prescription under subsection (1), the district manager may prepare, in accordance with section 11.1, a site plan or an amendment to the prescription.

(3) If the district manager determines that a site plan is required, the silviculture prescription for the area under the site plan is without effect. NEW

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