Forest Practices Code of BC Act

PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL

DIVISION 4 - UNAUTHORIZED TIMBER HARVESTING AND TRESPASS

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 This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.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
• PART 5 - PROTECTION OF FOREST RESOURCES: GENERAL
  • DIVISION 1 - DEFINITIONS
  • DIVISION 2 - FIRE USE AND PREVENTION
  • DIVISION 3 - FIRE CONTROL AND SUPPRESSION
  • DIVISION 4 - UNAUTHORIZED TIMBER HARVESTING AND TRESPASS
  • DIVISION 5 - BOTANICAL FOREST PRODUCTS
  • DIVISION 6 - RECREATION
  • DIVISION 7 - CONTROL OF DESTRUCTIVE AGENTS
• 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

96. (1) A person must not cut, damage or destroy Crown timber unless authorized to do so

(a) under an agreement under the Forest Act or under a provision of the Forest Act,

(b) under a grant of Crown land made under the Land Act,

(c) under the Mineral Tenure Act for the purpose of locating a claim or for other prescribed purposes,

(d) under the Park Act,

(e) by the regulations, in the course of carrying out duties as a land surveyor,

(f) by the regulations, in the course of fire control or suppression operations,

(f.1) by the regulations, for the purposes of silviculture, stand tending, forest health or any other purpose that is ancillary to the purposes of this Act, or

(g) by the regulations, in the course of carrying out activities

(i) under a range use plan or a consent under section 101 or 102, or

(ii) [Repealed]

(iii) that are incidental to or required to carry out activities authorized or approved under the Forest Act, the Range Act, this Act or another prescribed enactment.

 

(2) Without limiting subsection (1), a person must not remove Crown timber unless authorized to do so

(a) under an agreement under the Forest Act or under a provision of the Forest Act,

(b) under a grant of Crown land made under the Land Act, or

(c) under the Park Act.

(3) If a person, at the direction of or on behalf of another person,

(a) cuts, damages or destroys Crown timber contrary to subsection (1), or

(b) removes Crown timber contrary to subsection (2),

that other person also contravenes subsection (1) or (2).

(4) Despite any other enactment or grant of land from the government, timber on private land granted by the government after April 6, 1887 and before April 29, 1888 may be harvested without the authority of the government.

97. (1) Before an owner or occupier of private land that is adjacent to Crown land authorizes another person to cut or remove timber from the private land, the owner or occupier must inform that other person of the boundaries of the private land.

(2) Before a person cuts or removes timber from private land adjacent to Crown land, the person must ascertain the boundaries of the private land.

98. A person must not cause or permit livestock to be driven on or to graze on Crown range unless

(a) authorized to do so under

(i) an agreement under the Range Act,

(ii) a silviculture prescription or a special use permit, or

(iii) the regulations, and

(b) the person acts in accordance with this Act, the regulations, the standards and any range use plan, silviculture prescription or special use permit.

99. (1) A person must obtain the consent of the district manager before constructing or occupying a building on Crown land in a Provincial forest unless the construction or occupation is authorized under another enactment.

(2)The district manager may, in a notice given to a person who contravenes subsection (1), order the person to do one or more of the following:

(a) remove or destroy, or both, the building or other structure;

(b) restore the land under the building or other structure.

100. A person must not cut, remove, damage or destroy hay on Crown range unless authorized to do so under an agreement under the Range Act.

101. (1) A person must obtain the consent of the district manager before

(a) storing hay on Crown range, or

(b) carrying out, constructing, modifying, maintaining, removing, damaging or destroying a range development on Crown range.

(1.1) The district manager may

(a) require a person seeking consent under subsection (1) to submit the matter for which consent is sought to a review in accordance with the regulations, and for comments by interested parties during the course of the review,

(b) grant or refuse the consent, depending on the outcome of a review required under paragraph (a), and

(c) impose requirements, that the district manager considers necessary or desirable, to be met by the person seeking the consent as a condition of obtaining or retaining the consent, including, but not limited to, requiring that the person provide security.

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

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

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

(1.12) If the district manager requires security under subsection (1.1) (c), the district manager must specify

(a) when the security must be paid

(b) the amount of security that is required,

(c) the form of the security, and

(d) the circumstances under which the security may be realized.

(1.2) A person who obtains consent under subsection (1) must comply with any conditions imposed under subsection (1.1) in respect of the consent.

(2) The district manager may, in a notice given to a person who contravenes subsection (1) or (1.2), order the person to do one or more of the following:

(a) remove or destroy, or both, the stored hay or the range development;

(b) restore the land under the stored hay or the range development, or both;

(c) repair or rehabilitate the range development.

102. (1) Subject to subsection (2), a person must obtain the consent of the district manager before constructing, rehabilitating or maintaining a trail or other recreation facility on Crown land.

(2) Subsection (1) does not apply to a person who is authorized under another enactment to construct, rehabilitate or maintain a trail or recreational facility on Crown land.

(3) The district manager may, in a notice served on a person who contravenes subsection (1), order the person to

(a) remove or destroy, or both, the trail or facility, and

(b) restore the land underlying the trail or facility.

103. A person must not

(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,

(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or

(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.

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