Forest Practices Code of BC Act

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

DIVISION 5 - NOTICE AND EVALUATION 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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

For the current version click here

39. Review and comment

39. (1) Subject to sections 42, 42.1 and 43, before a holder of a major licence, community forest agreement or woodlot licence submits an operational plan or amendment for approval, the holder must, if required by the regulations and in accordance with the regulations, make the plan or amendment available for review and comment.

(2) Before an operational plan or amendment prepared by the district manager is put into effect, the district manager must, if required by the regulations and in accordance with the regulations, make the plan or amendment available for review and comment, except where review and comment would not be required if the plan or amendment were the plan amendment of a holder of an agreement under the Forest Act or the Range Act.

(3) Subject to sections 43 and 44, before the holder of an agreement under the Range Act submits a range use plan for approval, the holder must, if required by the regulations and in accordance with the regulations, make the plan available for review and comment.

40. Giving effect to operational plans prepared by district manager

40. (1) The district manager may only give effect to an operational plan or amendment prepared by the district manager if the plan or amendment meets the requirements of this Act, the regulations and the standards.

(2) [repealed]

41. Approval of plans by district manager or designated environment official

41. (1) The district manager must approve an operational plan or amendment submitted under this Part if

(a) the plan or amendment was prepared and submitted in accordance with this Act, the regulations and the standards, and

(b) the district manager is satisfied that the plan or amendment will adequately manage and conserve the forest resources of the area to which it applies.

(2) Before approving a plan or amendment the district manager may require the holder to submit information that the district manager reasonably requires in order to determine if the plan or amendment meets the requirements of subsection (1).

(3) The district manager may approve an operational plan or amendment only if it meets the requirements of subsection (1).

(4) Despite subsection (1), to the extent provided in the regulations a district manager may refuse to approve a logging plan or amendment that meets the requirements of that subsection, if the district manager determines that the person submitting the plan or amendment

(a) has previously contravened this Act, the regulations or the standards, and

(b) has not taken all measures necessary to prevent or minimize the effects of the contravention, or rehabilitate the affected area.

(5) In granting approval under this section to a forest development plan or an amendment to a forest development plan, the district manager may attach conditions to the plan or to the plan as amended.

(6) The holder of a forest development plan must comply with the conditions, if any, attached to the plan under subsection (5).

(6.1) [repealed]

(7) [repealed]

(8) In this section, "community watershed" means

(a) the drainage area above the most downstream point of diversion on a stream for a water use that is for human consumption and that is licensed under the Water Act for

(i) a waterworks purpose, or

(ii) a domestic purpose if the licence is held by or is subject to the control of a water users' community incorporated under the Water Act

if the drainage area is not more than 500 km² and the water licence was issued before June 15, 1995, or

(b) an area that is designated as a community watershed under subsection (10).

(9) In this section "domestic purpose" and "waterworks purpose" have the meaning given to them in the Water Act.

(10) The regional manager may designate an area as a community watershed if

(a) in the opinion of the regional manager and a designated environment official it should be designated as a community watershed,

(b) the area is all or part of the drainage area above the most downstream point of diversion for a water use that is for human consumption and that is licensed under the Water Act for a domestic purpose, and

(11) With the agreement of a designated environment official, the regional manager may by written order vary or cancel an area's status as a community watershed, whether the area is defined to be a community watershed under subsection (8) (a) or designated to be a community watershed under subsection (10).

(12) Before designating an area as a community watershed under subsection (10) or varying or cancelling the status of a community watershed under subsection (11), the regional manager must provide for review and comment in accordance with the regulations.

(13) The regional manager must make available at the regional office for the area in which the community watershed is located any order that designates, varies or cancels a community watershed.

42. Approval in emergency cases

42. (1) Despite section 41, the district manager may, in accordance with the regulations, approve or give effect to a forest development plan or amendment without the plan or amendment having been made available for review and comment, if the district manager determines that the plan or amendment

(a) otherwise meets the requirements of this Act, the regulations and the standards, and

(b) is necessary to enable measures to be taken to address an emergency.

(2) If the district manager approves or gives effect to a forest development plan or amendment under subsection (1), the district manager may immediately approve or give effect to a silviculture prescription or amendment if the district manager determines that

(a) the prescription or amendment complies with the regulations and the standards, and

(b) the timber on the area under prescription should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed.

(3) [repealed]

42.1 Operational plans -- minor changes not requiring approval

42.1 (1) Despite section 41, except in prescribed circumstances, an approval is not required to amend a forest development plan, a silviculture prescription or a site plan prepared under a regulation made under section 217.1, if the holder of the plan or prescription determines that

(a) the proposed amendment

(i) otherwise conforms to this Act, the regulations and the standards, and

(ii) does not materially affect the likelihood of achieving the objectives or the results specified in the plan or prescription, or

(b) the proposed amendment meets prescribed requirements.

(2) Subsection (1) does not apply to the holder of an operational plan who is also the holder of the timber sale licence to which the plan pertains.

(3) The holder of a forest development plan, other than a plan referred to in subsection (4), or of a silviculture prescription must provide the district manager with a copy of an amendment under subsection (1) NEW

as soon as practicable NEW

after it has been incorporated in the plan or prescription

(a) if the amendment concerns information for which there is a reporting requirement under the regulations, or

(b) if the district manager requests the copy.

(4) The holder of a

(a) forest development plan, or

(b) site plan

that is prepared in accordance with a regulation under section 217.1 must provide the district manager with a copy of any amendment made to the plan that is permitted under subsection (1).

(5) The holder of a forest development plan, silviculture prescription or a site plan prepared under a regulation made under section 217.1 need not make an amendment to it to which subsection (1) applies available for

(a) review, and

(b) comment.

(6) The district manager may take action in accordance with the regulations if he or she considers that the determination under subsection (1) was wrongly made.

43. Approval of minor changes to operational plans

43. (1) Despite section 41, a district manager or a person authorized by the district manager may approve or give effect to an amendment to a range use plan where the amendment has not been made available for review and comment if the district manager or person authorized determines that the amendment

(a) otherwise meets the requirements of this Act, the regulations and the standards,

(b) will adequately provide for managing and conserving the forest resources of British Columbia for the area to which it applies, and

(2) [repealed]

44. Approval of range use plans for temporary grazing permits

44. Despite section 41, the district manager may approve or give effect to a range use plan or amendment that has not been made available for review and comment if the plan or amendment is for an area that is subject to a temporary grazing permit or temporary hay cutting permit and if the district manager determines that the range use plan or amendment

(a) otherwise meets the requirements of this Act, the regulations and the standards, and

(b) will adequately provide for managing and conserving the forest resources of British Columbia for the area to which it applies.

NEW NEW indicate most recent changes to this page