Forest Practices Code of BC Act

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

DIVISION 3 - TIMBER HARVESTING

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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
• PART 4 - FOREST PRACTICES SPECIFIC TO FOREST AND RANGE TENURE AGREEMENTS AND THE GOVERNMENT
  • DIVISION 1 - GENERAL
  • DIVISION 2 - ROAD DESIGN, CONSTRUCTION, MAINTENANCE, USE AND DEACTIVATION
  • DIVISION 3 - TIMBER HARVESTING
  • DIVISION 4 - SILVICULTURE
  • DIVISION 5 - RANGE
• 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

67. (1) A person who carries out timber harvesting and related forest practices on

(a) Crown forest land,

(b) Crown range, or

(c) private land that is subject to a tree farm licence, community forest agreement or a woodlot licence,

must do so in accordance with

(d) this Act, the regulations and standards, and

(e) any operational plan.

(2) Without limiting subsection (1), the person must

(a) conduct forest practices in and around streams in accordance with the regulations and standards,

(b) [Repealed]

(c) ensure that

(i) in areas that are not covered by a silviculture prescription or a site plan prepared under section 21.1, forest practices are carried out so as to minimize the area occupied by excavated or bladed trails, and

(ii) any soil disturbance in the net area to be reforested does not prevent the requirements of the silviculture prescription from being met, and

(d) not harvest or damage trees that are required by the silviculture prescription to be left standing or undamaged.

68. Excavated or bladed trails

68 (1) A person must obtain the consent of the district manager before constructing an excavated or bladed trail unless the construction is authorized

(a) by an operational plan,

(b) by a special use permit, or

(c) under the regulations.

(2) The district manager may attach conditions to a consent under subsection (1) that the district manager considers necessary or desirable, and the person to whom the consent is granted must comply with the conditions.

(3) The district manager may grant a consent under this section only if

(a) the consent is consistent with any operational plan or higher level plan in effect for the area covered by the consent, and

(b) the district manager is satisfied that the construction of the excavated or bladed trail will adequately manage and conserve the forest resources of the area to which the consent applies.

(4) Without limiting subsection (1) or (2), an excavated or bladed trail must be constructed in accordance with

(a) the regulations and standards, and

(b) any conditions attached to the consent under subsection (2).

69. If a person carries out a forest practice that directly or indirectly removes or renders ineffective a natural range barrier, the person who removes the natural range barrier or who renders it ineffective must take measures specified by the district manager to mitigate the effect of the removal or ineffectiveness.

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