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Regulations
- Forest Practices Code of BC ActCOMMUNITY FOREST AGREEMENT REGULATION
B.C. Reg. 384/2000, Deposited December 4, 2000
O.C. 1660/2000, Effective
December 4, 2000
Consolidated to August 5, 2003
Contents
- 1. In this regulation:
"Act" means the Forest Practices Code of British Columbia Act;
"Woodlot Regulation" means the Woodlot
Licence Forest Management Regulation, B.C. Reg. 325/98.
2. (1) The Woodlot Regulation applies to
a community forest agreement, except as provided in this
regulation.
(2) In applying the Woodlot Regulation to this regulation, "woodlot licence" includes a community forest agreement, and the term "woodlot" includes a community forest
agreement area.
2.1 (1) Despite section 10 (1) (d) (ii) of the Act, a forest development plan that is prepared in respect of a community forest agreement and is submitted for the district manager's approval must meet the requirements of the Act, regulations and standards that are in force at the time the plan is submitted.
(2) This section is repealed on April 6, 2001.
3. (1) If requested by the district
manager, a holder of a community forest agreement must provide to
the district manager information respecting the community forest
agreement area that the district manager requires for a watershed
assessment.
(2) The district
manager may require the holder of a community forest agreement
to carry out a watershed assessment in all or part of the
community forest agreement area if
(a) the
assessment is for an area referred to in subsection (3), and
 (b) the district manger is of the opinion that
(i) the assessment is needed to assist the district manager to carry out his or her obligations under section 41 (1) (b) of the Act, and
(ii) it is reasonable, considering all the circumstances, that the holder carry out the assessment.
(3) A watershed
assessment under subsection (2) may be required only for the
following watersheds:
(a) a
community watershed,
(b) a
watershed that has significant downstream fisheries values or
licensed domestic water users and significant watershed
sensitivity as determined by a
designated environment official, or
(c) a
watershed for which the district manager determines an
assessment is necessary.
(4) A watershed
assessment under subsection (2) must be carried out in accordance
with
(a) the
Ministry of Forests' publication titled "Coastal Watershed
Assessment Procedure Guidebook", as amended from time to time,
for areas on the Coast, and in accordance with the Ministry of
Forests' publication titled "Interior Watershed Assessment
Procedure Guidebook", as amended from time to time, for areas in
the Interior, or
(b) any other
procedures approved by the district manager, if the district
manager is satisfied that this procedure will produce similar results
to those intended by the guidebook.
(5) Information
required by this section is not part of a forest development
plan.
(6) Sections 6,
10 (4) and 30 (b) of the Woodlot Regulation do not apply to the
holder of a community forest agreement with respect to a watershed
assessment.
- 4. If a
watershed assessment for an area of land under a proposed forest
development plan has been carried out by the holder of a community
forest agreement or is made known to the holder, the holder must
ensure that forest practices and requirements of this regulation
are carried out in a manner consistent with the results and
measures specified in the watershed assessment, or the holder
must
(a) submit to the district manager the reason for any inconsistency with the results and measures, and
(b) obtain
written approval of the inconsistency from the district manager.
5. (1) The holder of a community forest
agreement must not submit for approval a forest development plan
that proposes timber harvesting or road construction or
modification operations, on an area within a community watershed,
unless a terrain stability hazard map and soil erosion potential
map for that part of the forest development plan that is within
the community watershed has been completed.
(2) If the area
is designated as a community watershed under section 41 (10) of
the Act, subsection (1) applies on or after
(a) the date specified in the designation which must be less than 5 years from the date of the designation, or
(b) 5 years from the date of the
designation, if no date is specified.
(3) The mapping
referred to in subsection (1) must have been carried out by a
qualified registered professional.
6. Section 89 of the Woodlot Regulation
does not apply to the holder of a community forest agreement.
7. For the purposes of section 43.3 (c) (ii) of the Forest Act, a community
forest agreement may give to its holder the rights to harvest,
manage and charge fees for any or all flora and fungi of the
forest, other than timber.
8. Sections 22 (2) and 22.1 (1) of the
Woodlot Regulation do not apply to or in respect of a community
forest agreement area consisting of more than 600 hectares of
Crown land.
9. Section 11 (5) of the Woodlot Regulation does not apply to a community forest agreement if the agreement area consists of more than 600 hectares of Crown Land.
10. A holder of a community forest agreement is exempt from the requirement of section 58 (3) of the Act.
(2) A holder of a community forest agreement is exempt from the requirement of section 60 (1) (a) of the Act to prepare a road layout and design unless the holder is required under section 43 (3) of the Woodlot Regulation to prepare, and to obtain the district manager's approval for, the road layout and design.
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