Forest Practices Code of BC Act

PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT

DIVISION 1 - GENERAL

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

45. Protection of the environment

45. (1) A person must not carry out a forest practice that results in damage to the environment.

(2) Subject to subsection (3), a person does not contravene subsection (1) if, with respect to the forest practice referred to in subsection (1), the person is acting in accordance

(a) with this Part, Part 5 and with the regulations for this Part and Part 5, and

(b) with any of the following:

(i) an operational plan or a site plan;

(ii) an exemption from the requirement to have an operational plan or a site plan;

(iii) a permit issued under this Act or the regulations. NEW

(3) A person must not carry out a forest practice if he or she knows or should reasonably know that, due to weather conditions or site factors, the carrying out of the forest practice may result, directly or indirectly, in

(a) slumping or sliding of land,

(b) inordinate soil disturbance, or

(4) A person who contravenes subsection (1) or (3) must

(a) stop the forest practice in the area affected,

(b) prevent any further damage to the environment,

(d) take any remedial measures that the district manager requires.

(5) A person who has stopped a forest practice under subsection (4) (a) may resume the forest practice when

(a) it can be resumed without contravening subsection (1) or (3), and

(b) any remedial measures required under subsection (4) (d) have been carried out to the satisfaction of the district manager.

(6) A person does not contravene subsection (1) or (3) if the person is

(a) acting in accordance with section 59 (1),

(b) carrying out fire control or suppression in accordance with this Act and the regulations, or

(c) carrying out a controlled burn for the purpose of range improvement, or wildlife habitat improvement, authorized by the government.

46. Soil conservation: permanent access

46. (1) A person carrying out a forest practice on an area under a silviculture prescription must not exceed the amount specified under the prescription for the maximum proportion of the area under the prescription that may be occupied by permanent access structures, if the prescription is prepared or approved by the district manager after December 15, 1995.

(1.1) A person carrying out a forest practice on an area under a site plan prepared under section 21.1 must not exceed the prescribed maximum proportion of the area under the site plan that may be occupied by permanent access structures. NEW

(2) Subsection (1) applies despite the provisions of a logging plan or a road permit.

(3) A person carrying out a forest practice on an area under a silviculture prescription must not exceed the limits specified in the silviculture prescription for

(a) the proportion of the total area that may be occupied by haul roads, spur roads, landings, gravel pits and borrow pits, if the silviculture prescription was prepared or approved in the period from and including April 1, 1994 to and including December 15, 1995, or

(b) the site productivity that may be degraded by roads and landings, if the silviculture prescription was approved before April 1, 1994.

(4) A person who exceeds

(a) the amount specified under the silviculture prescription for the maximum proportion of the total area that may be occupied by permanent access structures under subsection (1),

(a.1) the prescribed amount referred to in subsection (1.1), or NEW

(b) the limit specified under the silviculture prescription for the proportion of the total area that

(i) may be occupied by haul roads, spur roads, landings, gravel pits and borrow pits under subsection (3) (a), or

(ii) may have site productivity degraded by roads and landings under subsection (3) (b),

must rehabilitate the disturbed portion of the area in accordance with regulations and standards.

47. Soil conservation: net area to be reforested

47. (1) A person carrying out a forest practice on an area under a silviculture prescription must not exceed the maximum amount of soil disturbance within the net area to be reforested that is specified in the prescription.

(2) Despite subsection (1), a person carrying out timber harvesting operations may, in accordance with a silviculture prescription, temporarily exceed the maximum amount of soil disturbance within the net area to be reforested to the extent necessary to construct temporary access structures approved in the silviculture prescription if the silviculture prescription provides for soil rehabilitation measures to be carried out to those temporary access structures.

(3) Despite subsection (1), a person carrying out silviculture treatments may, in accordance with a silviculture prescription, temporarily exceed the maximum amount of soil disturbance within the net area to be reforested if the silviculture prescription provides for site rehabilitation measures to be carried out on the conclusion of silviculture treatments.

(3.1) A person carrying out a forest practice on an area under a site plan prepared under section 21.1 must not exceed the prescribed maximum amount of soil disturbance in the net area to be reforested. NEW

(3.2) A person carrying out timber harvesting operations or silviculture treatments on an area under a site plan prepared under section 21.1, in prescribed circumstances, may temporarily exceed the prescribed maximum amount referred to in subsection (3.1). NEW

(4) For greater certainty, the following types of soil disturbance contribute to the total soil disturbance amount for the net area to be reforested:

(a) any unrehabilitated compacted area, corduroyed trail or dispersed disturbance;

(b) any unrehabilitated temporary access structure that is specified as one in a site plan prepared under section 21.1 or in a silviculture prescription. NEW

(5) A person who, for an area under a site plan prepared under section 21.1 or silviculture prescription, causes soil disturbance to occur in the net area to be reforested such that the maximum amount of soil disturbance within the net area to be reforested is exceeded, must rehabilitate the area in accordance with the regulations and standards. NEW

(6) A person who constructs or modifies a road, or constructs a landing, borrow pit or gravel pit that is specified in a silviculture prescription as being of a temporary nature, must rehabilitate the area occupied by the road, landing, borrow pit or gravel pit in accordance with the regulations and standards.

(6.1) In prescribed circumstances and subject to section 58 (2), a person who prepares a site plan under section 21.1

(a) may construct or modify a temporary road, or construct a temporary landing, borrow pit or gravel pit, and

(b) must rehabilitate the area occupied by the road, landing, borrow pit or gravel pit. NEW

(7) A person who, within an area under a site plan prepared under section 21.1 or silviculture prescription, constructs or modifies a bladed or excavated trail or a corduroyed trail or creates a compacted area, must rehabilitate the area in accordance with the regulations and standards. NEW

48. Ensuring soil rehabilitation

48. (1) If the district manager determines that the area under an operational plan has sustained damage as a result of a forest practice, the district manager may, by written notice, direct the person responsible for the damage to take measures and to pay costs that are necessary to rehabilitate the area to the satisfaction of the district manager and the person must comply with the notice.

(2) Subsection (1) applies despite any limit for soil disturbance

(a) specified for an area under a silviculture prescription, or

(b) prescribed for an area under a site plan prepared under section 21.1. NEW

48.1 Limitations on remedial measures that may be required

48. (1) The district manager must not direct or require a person to take measures under section 45 (4) or 48 (1) if the person establishes that

(a) the person exercised due diligence to prevent the damage to the area, or

(b) the person's actions relevant to damage to the area were the result of an officially induced error.

(2) The Lieutenant Governor in Council may prescribe circumstances in which and conditions on which a person who has taken measures under section 45 (4) or 48 (1) may recover all or part of an amount reasonably incurred for the direct costs of carrying out the measures.

(3) This section does not apply in respect of a direction or requirement to take measures under section 45 (4) or 48 (1) made before the coming into force of this subsection. NEW

49. Exemption from rehabilitation

49. (1) The district manager may exempt the government, or the holder of a logging plan, site plan prepared under section 21.1, silviculture prescription or timber sale licence that is not a major licence from having to rehabilitate areas under section 46 (4) or 47 (5) to (7). NEW

(2) The district manager may exempt a person under subsection (1) only if the district manager is satisfied that

(a) there is insufficient area affected or occupied to warrant treatment,

(b) treating the area affected or occupied is unlikely to restore soil productivity to a level necessary to achieve the results specified in the silviculture prescription for the area,

(c) treating the area affected or occupied will create an unacceptable risk of further damage or harm to, or impairment of, forest resource values, or

(d) other prescribed circumstances apply. NEW

50. Use of planned fire

50. (1) When carrying out a forest practice under an agreement under the Forest Act or the Range Act, a person must

(a) comply with fuel management requirements established in an operational plan, and

(b) use fire only in accordance with this Act and the regulations.

(2) In accordance with the regulations and standards, a person who has carried out a planned fire that is in the nature of a broadcast burn must, after the burn, promptly

(a) carry out an impact assessment of the site and soil condition, and

(b) if the assessment shows that the effects of the planned fire were more severe than specified in the silviculture prescription or the operational plan, develop a rehabilitation plan and submit it to the district manager for approval.

(3) If the district manager approves the rehabilitation plan, the person who submitted the plan must implement it.

51. Previously unidentified resource features

51. (1) In this section, "resource feature" includes the following:

(a) a cultural heritage resource;

(b) a recreation feature;

(d) any other feature designated in the regulations.

(2) Except in prescribed circumstances, if a person carrying out a forest practice, other than fire control or suppression, finds a resource feature that was not identified on an approved operational plan or permit, the person carrying out the forest practice must NEW

(a) modify or stop any forest practice that is in the immediate vicinity of the previously unidentified resource feature to the extent necessary to refrain from threatening it, and

(b) promptly advise the district manager of the existence and location of the resource feature.

52. Noxious weeds

52. (1) In this section, "noxious weed" means a noxious weed defined under the Weed Control Act.

(2) Subject to an operational plan, a person carrying out a forest practice must, in accordance with the regulations and the standards, carry out the forest practice at a time and in a manner that will limit the spread of noxious weeds to a level acceptable to the district manager.

NEW NEW indicate most recent changes to this page