Forest Practices Code of BC Act

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

DIVISION 2 - ROAD DESIGN, CONSTRUCTION, MAINTENANCE, USE AND DEACTIVATION

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

53. Application

53. This Division does not apply to roads constructed, modified or maintained under the Highway Act, Land Act, NEW

Community Charter NEW

orLocal Government Act.

54. Use of roads on Crown land for timber harvesting or other industrial purposes

54. (0.1) In this section:

"developing natural resources other than timber" does not include operations associated with, or necessary to carry out, operations under a consent under section 101, under an agreement under the Range Act or under a range use plan;

"timber harvesting" does not include timber harvesting in the course of carrying out activities under a consent under section 101 or under a range use plan if the timber harvesting is authorized by a regulation under section 96 (1) (g).

(1) A person must not use a road on Crown land for

(a) timber harvesting, including the transportation of the timber or associated machinery, material or personnel, or

(b) forest practices related to timber harvesting,

unless one of the following requirements is met:

(c) the person is authorized to do so under a Christmas tree permit, road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits;

(d) the road is a forest service road, and the person is authorized to use it by a road use permit;

(e) the road is one for which another person has a road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, and the person is authorized to use it by a road use permit.

(2) A person who is developing natural resources other than timber must not use a road on Crown land for the development of the natural resources, including the transportation of the natural resources or associated machinery, material or personnel, unless one of the following requirements is met:

(a) the road was approved under the Geothermal Resources Act or the Petroleum and Natural Gas Act;

(b) the road is located inside the boundary of a claim, lease, permit or other authorization granted or issued under the Coal Act, the Mineral Tenure Act, the Mines Act or the Mining Right of Way Act, and the road was built under the authority of one of those Acts;

(c) the road is located outside the boundary of a claim, lease, permit or other authorization granted or issued under an Act referred to in paragraph (b), and the person is authorized to use it by a special use permit;

(d) the road is a forest service road, and the person is authorized to use it by a road use permit;

(3) [Repealed]

(3.1) Subject to subsection (3.2), subsection (1) does not apply to a person using a road on Crown land for a minor salvage operation if

(a) the road has not been deactivated,

(b) the road is not modified to allow the use, and

(3.2) Subsection (1) applies to a person using a road as described in subsection (3.1) if the district manager notifies the person that the district manager believes that the use of the road will

(a) materially affect the use of the road by others, or

(b) adversely impact forest resources.

(3.3) A person using a road as described in subsection (3.1),

(a) must give to any holders of road permits and road use permits for the road at least 48 hours' notice of the date on which the person will commence to use the road,

(b) if the road is not subject to a road permit, road use permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, must maintain the road while using it for the minor salvage operation in accordance with the maintenance requirements that under this Act are applicable to a road permit, and

(c) if the road is subject to a road permit, road use permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, must

(i) contribute a reasonable amount for the routine maintenance of the road, and

(ii) pay for, or repair, damage to the road caused by the person's use of the road.

(4) The district manager may exempt a person from the requirement to have a road use permit, on being satisfied that the person's use of the road will not

(a) materially affect the use of the road by others, or

(b) unnecessarily disturb the natural environment or cultural heritage resources.

(5) The district manager may exempt a person from a requirement to have a road permit, or requirement under a regulation referred to in section 2 (5) to have a special use permit for use of a road, on being satisfied that

(a) the person's use of the road will not

(i) materially affect the use of the road by others, or

(ii) unnecessarily disturb the natural environment or cultural heritage resources, and

(b) the use of the road will be for a period of less than 60 days.

(5.1) The district manager may make an exemption under subsections (4) and (5) subject to conditions, and the person exempted must comply with the conditions.

(6) A person who uses a road in accordance with this section must do so in accordance with all of the following:

(a) this Act, the regulations and the standards;

(b) any forest development plan;

(c) any cutting permit, road permit, road use permit, special use permit or timber sale licence that does not provide for cutting permits.

55. Non-industrial use of road constructed, modified or maintained under road permit

55. (1) Subject to this section and to regulations respecting roads made under the Highway (Industrial) Act, a road constructed, modified or maintained by the holder of a road permit may be used for purposes other than those referred to in section 54 (1) and (2) by any person, without charge.

(2) The holder of the road permit may take action under subsection (3) if

(a) use of the road under subsection (1) would likely cause significant damage to the road or environment or endanger life or property, or

(b) the presence on the road of a vehicle or animal would likely cause damage to the road or environment or endanger life or property.

(3) If subsection (2) applies to a holder, the holder may

(a) with the prior consent of the district manager, close the road or restrict its use, or

(b) at the expense of the owner of a vehicle or animal, remove the vehicle or animal from the road.

56. No payment for use of road except as provided

56. (1) The holder of a road permit or road use permit for a road must not require payment from a person who uses the road for purposes other than those referred to in section 54 (1) and (2).

(2) Except as set out in subsection (3), the holder of a road permit or road use permit must not require payment for the use of the road from a person who uses the road under a road use permit or an exemption made under section 54 (4).

(3) The holder of a road permit or road use permit may require payment from a person referred to in subsection (2) for

(a) a reasonable contribution to the expense of maintaining the road, and

(b) the reasonable expense of modifying the road to accommodate the special needs of the person.

(4) If the holder of the road permit or road use permit and the person referred to in subsection (2) do not agree on what constitutes a reasonable contribution or expense, the holder and the person must submit that question

(a) for resolution by an agreed process of dispute resolution, or

(b) in the absence of an agreed process under paragraph (a), to binding arbitration under the Commercial Arbitration Act.

(5) [Repealed]

57. Non-industrial use of a forest service road

57. (1) Except as set out in subsection (2), a person may use a forest service road without charge for purposes other than those referred to in section 54 (1) and (2).

(2) If use of a forest service road would likely cause significant damage to the road or environment, or endanger life or property, or if the presence on the road of a vehicle or animal would likely cause significant damage to the road or environment, or endanger life or property, the district manager may

(a) close or restrict the use of the road, or

(b) at the expense of its owner, remove the vehicle or animal.

58. Authority required to construct or modify a road on Crown land

58. (1) A person, other than the government, who constructs or modifies a road on Crown land must comply with subsection (2) if the road

(a) is within a Provincial forest, or

(b) outside a Provincial forest and is for the purpose of providing access to timber.

(2) A person to whom this subsection applies may only construct or modify the road

(a) if

(i) the road is identified in a forest development plan prepared or approved by the district manager, and

(ii) the construction or modification has been authorized by a road permit,

(b) if the road is

(i) authorized by a cutting permit, or by a timber sale licence that does not provide for cutting permits, and

(ii) wholly contained in an area covered by a cutting permit, or a timber sale licence that does not provide for cutting permits,

(iii) [Repealed]

(A) a logging plan, or

(B) a silviculture prescription

approved or given effect by the district manager,

(c) subject to any requirement for a special use permit under a regulation referred to in section 2 (5), if the construction or modification is authorized under the Coal Act, Geothermal Resources Act, Mines Act, Mining Right of Way Act or Petroleum and Natural Gas Act, or

(d) without limiting section 2 (5), if the construction or modification is authorized under a special use permit.

(3) A person to whom subsection (2) (b) applies must obtain a road permit, unless the road to be constructed or modified is

(a) wholly contained in a cutblock or an opening that meets the prescribed requirements and is not identified on a forest development plan as providing access to more than one cutblock or opening, or

(b) within a woodlot licence area.

59. Road construction or modification by minister

59. (1) Before a road is constructed or modified on Crown land under section 121 of the Forest Act, the road must be identified on a forest development plan prepared or approved by the district manager, unless the road is immediately required for fire control or suppression or another emergency.

(2) If a road referred to in subsection (1) is constructed or modified because the road is required for an emergency and the road is not identified on a forest development plan, when the emergency is over the government must ensure that the road is maintained or deactivated in accordance with the regulations and standards.

60. Road layout and design

60. (1) Before the holder of a road permit, a timber sale licence that does not provide for cutting permits, a cutting permit or a special use permit constructs or modifies a road, the holder must

(a) prepare a road layout and design in accordance with the prescribed requirements, and

(b) in prescribed circumstances, obtain the district manager's approval for the road layout and design.

(1.1) A holder of a road permit or cutting permit who is also the holder of a woodlot licence need not comply with subsection (1) unless required by regulation to obtain the district manager's approval for a road layout and design.

(2) Before a road is constructed or modified under section 121 of the Forest Act, the district manager must prepare a road layout and design in accordance with the regulations and standards, unless the road is immediately required for fire control or suppression or another emergency.

(3) A holder required to prepare a road layout and design under this section must

(a) ensure that the road layout and design is consistent with any applicable forest development plan, and

(b) make the road layout and design publicly available at any reasonable time at the holder's place of business nearest to the area under the road layout and design, on request.

60.1 Road layout and design approval not required for construction [repealed]

60.2 Road layout and design approval not required for modification [repealed]

61. Road construction surveys [repealed]

62. Road construction and modification must comply with Act and plans

62. (1) A person who constructs or modifies a road on Crown land

(a) within a Provincial forest, or

(b) outside a Provincial forest if the road is constructed or modified for the purpose of providing access to timber,

must do so in accordance with all of the following:

(d) any forest development plan, silviculture prescription or logging plan;

(e) any cutting permit, road permit or special use permit;

(f) any road layout and design;

(g) [Repealed]

(2) This section does not apply to a road constructed or modified under section 121 of the Forest Act if the road is immediately required for fire control or suppression or another emergency.

63. Road maintenance

63.(1) Subject to subsection (5) a person who uses a road under the authority of a road permit, a timber sale licence that does not provide for cutting permits, a cutting permit or a special use permit must maintain it until

(a) the road is deactivated,

(a.1) the district manager notifies the person under section 64 (11.1),

(b) a road permit or special use permit for the road is issued to another person, or

(2) A person who is required to maintain a road under subsection (1), (5) or (7) must maintain it in accordance with the requirements of

(a) any forest development plan,

(b) the Act, regulations and standards, and

(c) the cutting permit, the road permit, timber sale licence that does not provide for cutting permits, road use permit or special use permit.

(3) A person who has been exempted under section 54 (5) from the requirement for a road permit or a special use permit must maintain the road for the duration of the person's use of the road in accordance with the requirements of

(a) any forest development plan, and

(b) the regulations and standards.

(4) A person who constructs or modifies a road under section 58 (2) (c) must maintain the road in accordance with the regulations and standards made under this Act until

(a) the road is deactivated, or

(b) the district manager notifies the person under section 64 (11.1).

(5) The district manager may require the holder of a road use permit that authorizes the use of a road for which there is an active road permit to assume all or part of the responsibility for maintaining the road.

(6) Subject to subsection (7), the government must maintain forest service roads in accordance with the requirements of

(a) any forest development plan, and

(b) the regulations and standards,

until the road is deactivated under a forest development plan.

(7) The district manager may require the holder of a road use permit that authorizes the use of a forest service road to assume all or part of the responsibility for maintaining the road.

64. Road deactivation

64. (1) Subject to subsection (11), a person who uses a road under the authority of a road permit, cutting permit, timber sale licence that does not provide for cutting permits or special use permit, or the government for a forest service road, must deactivate the road as required by, and in accordance with

(a) any forest development plan,

(b) this Act, the regulations and standards,

(c) the road permit, cutting permit, timber sale licence that does not provide for cutting permits or special use permit, and

(d) any road deactivation prescription.

(1.1) If the regulations respecting road deactivation conflict with a road deactivation prescription, the regulation prevails over the prescription to the extent of the conflict.

(2) A person who uses a road under the authority of a road permit, cutting permit, timber sale permit that does not provide for cutting permits or special use permit, or the government for a forest service road, must ensure that, the area that has been deactivated meets prescribed requirements.

(3) After deactivation of a road under this section, a person who used the road under the authority of a road permit associated with, or a cutting permit issued under, a tree farm licence must maintain, in accordance with the regulations, the stability of the area that was deactivated.

(4) After deactivation of a road under this section, other than a road referred to in subsection (3), the government must maintain, in accordance with the regulations, the stability of the area that was deactivated.

(5) A person must not deactivate a road unless the person

(a) in prescribed circumstances, prepares a road deactivation prescription for the road that conforms to prescribed requirements, and

(b) deactivates the road in accordance with the regulations.

(6) [Repealed]

(7) [Repealed]

(8) The government must not carry out a deactivation of a road unless, in accordance with the regulations, the district manager prepares a road deactivation prescription for the road.

(9) [Repealed]

(10) A road deactivation prescription must specify for the road any site specific measures necessary to minimize soil erosion.

(11) [Repealed]

(11.1) Without limiting section 162.1, a person's responsibility for deactivating a road on Crown land ceases when the district manager notifies the person in writing that, in the opinion of the district manager, future use of the road by others will preclude deactivation.

(12) A person who constructs or modifies a road under section 58 (2) (c) must deactivate the road in accordance with the regulations and standards when the person ceases to maintain the road.

65. Consent to connect

65. Except for roads referred to in section 59 (2), a person must obtain the consent of the regional manager or district manager before connecting a road to a forest service road.

66. Not a public highway

66. Despite section 4 of the Highway Act, a road constructed, modified or maintained under this Act, the Forest Act or the former Act is not a public highway unless the Lieutenant Governor in Council declares it to be.

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