Forest Practices Code of BC Act

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

DIVISION 4 - SILVICULTURE

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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

69.1 Reforestation for areas under a site plan

69.1 (1) In this section:

"commencement date" means

(a) for a site plan under section 21.1 (1) to (5), the date when timber harvesting, excluding road and landing construction, begins on the area under the plan,

(b) for a site plan under section 21.1 (6), the date the harvesting begins on the area, and

(c) for a site plan required under section 35 (2) or (2.2), 36 (4) or 37 (1) or prepared under section 38 (2), the date on which a professional forester signed the site plan;

"free growing date" means the prescribed date by which the requirements of subsection (4) (d) must be met;

"regeneration date" means the prescribed date by which the requirements of subsection (4) (c) must be met;

"well spaced trees" means trees that meet the prescribed minimum allowable horizontal distance.

(2) If

(a) the district manager or holder of a timber sale licence is required to prepare a site plan, and

(b) the commencement date has passed,

the government must establish, in accordance with the regulations and standards, a free growing stand on the net area to be reforested.

(3) If the holder of a major licence is required to prepare a site plan and the commencement date has passed, the holder must establish, in accordance with the regulations and standards, a free growing stand on the net area to be reforested.

(4) Without limiting subsection (2) and (3), the person who is required to establish a free growing stand on an area under a site plan prepared in accordance with section 11.1 must do all of the following:

(a) create the prescribed post harvest stand structure and prescribed site conditions;

(b) use seed, seedlings and vegetative propagules only in accordance with the regulations and standards;

(d) by the free growing date, establish a free growing stand that meets the prescribed stocking requirements;

(e) if the density of trees exceeds the prescribed maximum number of coniferous trees allowed per hectare, carry out a spacing treatment before the free growing date to reduce the density of trees to within the prescribed density range;

(f) carry out surveys at the times and in the manner specified in the regulations and standards;

(g) submit reports at the times and in the manner specified in the regulations and standards.

(5) Despite this section, if all or part of the area under a site plan has been included in a Provincial protected area referred to in section 70 (7), the district manager may cancel a site plan and impose conditions the district manager considers necessary or desirable, and the person whose site plan is cancelled must comply with the conditions.

(6) On cancellation of a site plan under subsection (5), the person whose site plan is cancelled is relieved of the requirement to establish a free growing stand on the area under the site plan. NEW

70. Silviculture prescriptions

70. (1) In this section:

"commencement date" means

(a) for a silviculture prescription under section 22 (1) (a), (1.1) or (3), the date when timber harvesting, excluding road and landing construction, begins on the area under the prescription,

(b) [Repealed] NEW

NEW (d) [Repealed] NEW

(e) for a pre-harvest silviculture prescription that was prepared or approved by the district manager and that was in effect on June 15, 1995, the date when timber harvesting, excluding road and landing construction, begins on the area under the prescription, and

(f) for a silviculture prescription that was prepared or approved by the district manager and that was in effect on June 15, 1995, the date the district manager prepared the prescription or approved it;

"free growing assessment period" means the period of time within which the requirements of subsection (4) (e) will be met, determined as follows:

(a) the beginning and end of the period are measured from the commencement date, if the silviculture prescription is approved or prepared by the district manager on or after April 1, 1994;

(b) the beginning and end of the period are the earliest and latest dates specified in a silviculture prescription for the free growing assessment measured from the commencement date, if the silviculture prescription was approved before April 1, 1994;

"regeneration date" means the date by which the requirements of subsection (4) (d) will be met, determined as follows:

(a) the date is measured from the commencement date, if the silviculture prescription is approved or prepared by the district manager on or after April 1, 1994;

(b) the date is determined by adding to the commencement date the regeneration delay period, as defined in section 1 (1) of the Silviculture Regulation, B.C. Reg. 147/88, as it was immediately before its repeal, if the silviculture prescription was approved or prepared before April 1, 1994;

"well spaced trees" means trees that meet the minimum allowable horizontal distance specified in the prescription.

(2) If the district manager is required to prepare a silviculture prescription, or approves a prescription referred to in section 22 (1.1) and the commencement date has occurred, the government must establish, in accordance with the regulations and standards and the prescription, a free growing stand on those portions of the area under the prescription that are within the net area to be reforested.

(3) If the holder of a major licence or woodlot licence is required to submit a silviculture prescription and the commencement date has occurred, the holder must establish, in accordance with the regulations and standards and the prescription, a free growing stand on those portions of the area under the prescription that are within the net area to be reforested.

(4) Without limiting subsection (2) or (3), the person who is required to establish the free growing stand under the prescription must do all of the following:

(a) create the post harvest stand structure and site conditions specified in the prescription;

(b) not exceed the limit for forest floor displacement specified in the prescription;

(d) by the regeneration date specified in the prescription meet, and after that date maintain, the stocking requirements as defined in the regulations and specified in the prescription for that date;

(e) within the free growing assessment period specified in the prescription, establish a free growing stand that meets the stocking requirements as defined in the regulations and specified in the prescription;

(f) if the density of trees exceeds the maximum number of coniferous trees allowed per hectare as specified in the prescription, carry out a spacing treatment before the end of the free growing assessment period to reduce the density of trees to within the density range specified in the prescription;

(g) if the quality and health of trees of a commercially valuable species fail to meet the prescribed requirements, carry out any necessary silviculture treatment before the end of the free growing assessment period to cause the quality and health of the trees to meet the prescribed requirements;

(h) carry out surveys at the times and in the manner specified in the regulations and standards;

(i) submit reports at the times and in the manner specified in the regulations and standards.

(5) Subsection (4) (f) does not apply to a silviculture prescription approved before April 1, 1994, unless the silviculture prescription is amended and the amendment relates to the method of regeneration.

(6) If a silviculture prescription was approved before April 1, 1994, the person who is required to produce a free growing stand must, if the density of lodgepole pine or drybelt Douglas fir exceeds the maximum density specified in the silviculture prescription, carry out a spacing treatment before the end of the free growing assessment period to reduce the number of trees to

(a) the target number of healthy well spaced trees per hectare, or

(b) if the district manager serves written notice on the person requiring a number of healthy, well spaced trees per hectare that is greater than the target number, the number required by the district manager.

(7) In subsection (8), "Provincial protected area" means a Provincial protected area as defined by regulation.

(8) Despite this section, but subject to subsection (9), if all or part of the area under a silviculture prescription has been included in a Provincial protected area, the district manager

(a) may amend the prescription to ensure that it is consistent with the protected area management goals,

(b) if the commencement date of the prescription has not occurred, may cancel the prescription, or

(i) may cancel the prescription or part of the prescription that is included in the protected area if either of the following apply:

(A) no harvesting has taken place under the prescription;

(B) harvesting has taken place under the prescription, but continuing to carry out the prescription is contrary to the protected area management goals or considered undesirable by the protected area management authority, or

(ii) may cancel all or part of the prescription that is not included in the protected area if carrying out the prescription is contrary to protected area management goals or considered undesirable by the protected area management authority.

(9) Before acting under subsection (8), the district manager must obtain the consent

(a) of a designated environment official, if the silviculture prescription was prepared under section 22 (1), or

(b) of a designated environment official and the holder of the silviculture prescription, if the prescription was prepared under section 22 (3) to (6).

(10) Part 3 does not apply to an amendment under subsection (8) (a) of this section.

(11) If a silviculture prescription is cancelled under subsection (8) (c), the district manager may impose conditions the district manager considers necessary or desirable, and the person whose prescription is cancelled must comply with the conditions.

(12) On cancellation of a silviculture prescription under subsection (8) (c), the person whose prescription is cancelled is relieved of the requirement to establish a free growing stand on the area under the prescription.

71. Silviculture prescriptions for non-replaceable licences

71. (1) In this section "holder of a prescription or site plan" means a person

(a) who prepared and obtained approval for a silviculture prescription or site plan after a prescribed date for an area harvested under a timber licence, non-replaceable forest licence or non-replaceable woodlot licence and who does not hold a replaceable tree farm licence or forest licence, and

(b) who meets prescribed requirements, if any.

(2) By notice given to the district manager, the holder of a prescription or site plan may request that the government assume responsibility for carrying out the prescription or site plan referred to in subsection (1).

(3) By notice given to a person who has made a request under subsection (2), the district manager may assume on behalf of the government the responsibility for carrying out the prescription or site plan if all of the following requirements have been met:

(a) the holder of the prescription or site plan has completed timber harvesting on the area under the prescription or site plan and the district manager is satisfied with the way the timber harvesting has been carried out;

(b) the district manager is satisfied that the holder of the prescription or site plan

(i) is in compliance with the Act, regulations and standards with respect to the area under the prescription or site plan, or

(ii) has remedied any contraventions of the Act, regulations or standards on the area under the silviculture prescription or site plan that the district manager required to be remedied;

(c) the holder of the prescription or site plan has paid the government an amount that the district manager determines will pay the costs of carrying out the silviculture prescription or site plan and any other directly or indirectly associated costs;

(d) other prescribed requirements.

(4) Money collected by the government under subsection (3) must be paid into the Silviculture Payments Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.

(5) After the district manager has given notice under subsection (3) to the holder of the prescription or site plan,

(a) the prescription or site plan is deemed to be a silviculture prescription prepared under section 22 (1), and

(b) the holder of the prescription or site plan is no longer responsible for obligations under the prescription or site plan assumed by the government.

(6) Compensation is not payable to the government or the holder of the prescription or site plan for any difference between the amount the person who holds the prescription or site plan paid under subsection (3) and the actual costs incurred by the government both directly and indirectly to carry out the prescription or site plan.

72. Silviculture treatments on free growing stands [repealed]

73. Action by government if agreement terminates

73. The government must carry out the work ordered in a notice of determination under section 118 (2) that was given to a holder of an agreement under the Forest Act in respect of a failure to meet the requirements of a silviculture prescription if

(a) the agreement has expired or has been cancelled, surrendered or otherwise terminated, and

(b) the holder of the agreement has not carried out the work within the period specified in the notice of determination.

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