| Part 1 – Interpretation and Application |
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Interpretation
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1 |
(1)
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In this regulation:
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"Act" means the Forest Practices Code of British Columbia Act;
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"applicable performance standard" means the specific level to which a participant or holder of a minor timber sale licence must perform a requirement of this regulation determined in decreasing order of priority as follows:
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(a) |
as specified in a higher level plan unless the higher level plan
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(i) |
was in effect less than 4 months before the submission for approval of a sustainable forest management plan or forest development plan for the area that specifically addressed the standard of performance, and
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(ii) |
does not otherwise specify that the higher level plan is to prevail despite any sustainable forest management plan or forest development plan;
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(b) |
as specified in a variance with respect to the standard of performance;
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(c) |
as specified in a sustainable forest management plan unless a forest development plan
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(i) |
was approved for the area before the sustainable forest management plan was approved for the area, and
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(ii) |
specifically addressed the standard of performance;
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(d) |
as specified in the forest development plan;
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(e) |
as specified in a site level plan referred to in section 9;
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"coniferous area" means an area that under
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(a) |
a declaration under section 11 with respect to a forest development plan in effect on the effective date of this regulation,
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(b) |
a forest development plan, or
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(c) |
a forest operations schedule
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is to be reforested as a coniferous stand, in accordance with the reforestation regime that under section 32 applies;
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"coniferous stand" means an area in which, at rotation age, the coniferous trees, collectively, represent a minimum of 80% of the net merchantable volume of timber on the area;
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"cutblock" includes an area of land,
other than a road right of way,
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(a) |
identified in a forest development plan referred to in section 12, in a forest operations schedule or in a site level plan, for areas in which timber harvesting is to be carried out,
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(b) |
identified in a site level plan that pertains to an area on which a contravention of section 96 of the Act has occurred and the area is to be reforested, or
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(c) |
referred to in paragraph (a) or (b), for which the district manager has exempted the participant from the requirement to prepare the forest development plan or site level plan as the case may be;
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"crop tree" means a healthy tree that is of a species that is
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(a) |
ecologically suitable for the site, and
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(b) |
commercially valuable;
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"deciduous area" means an area that under
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(a) |
a declaration under section 11 with respect to a forest development plan in effect on the effective date of this regulation,
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(b) |
a forest development plan, or
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(c) |
a forest operations schedule
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is to be reforested as a deciduous stand, in accordance with the reforestation regime under section 32 that applies;
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"deciduous stand" means an area in which, at rotation age, the deciduous trees, collectively, represent a minimum of 80% of the net merchantable volume of timber on the area;
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"designated environmental official" means a person employed in the Ministry of Water, Land and Air Protection who is designated by name or title to be a designated environmental official by the minister of that ministry for the purpose of a provision of this regulation that is set out in the designation;
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"fisheries-sensitive zone" means a flooded depression, pond or swamp, that
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(a) |
either perennially or seasonally contains water, and
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(b) |
is seasonally occupied by a species of fish listed in the definition of "fish stream" in the Operational and Site Planning Regulation,
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but does not include a wetland or lake that has a riparian management area established under Schedule D or a stream;
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"greened-up" means greened-up under Schedule E;
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"harvested area" means the area in a cutblock, other than that which is occupied by permanent access structures, in which timber harvesting has occurred;
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"known", when used to describe a feature, objective or other thing referred to in this regulation as known, means a feature, objective or other thing that is
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(a) |
contained in a higher level plan, or
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(b) |
otherwise identified or made available to a participant by the district manager at least 4 months before the forest development plan, forest operations schedule or site level plan for the area was prepared;
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"landscape level strategy" means those activities that are required to be undertaken in order to achieve forest management objectives identified in a sustainable forest management plan;
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"minor timber sale licence" means a timber sale licence described in section 3 (1) (d);
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"mixedwood area" means an area that under
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(a) |
a declaration under section 11 with respect to a forest development plan in effect on the effective date of this regulation,
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(b) |
a forest development plan, or
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(c) |
a forest operations schedule
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is to be reforested as a mixedwood stand, in accordance with the reforestation regime that under section 32 applies;
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"mixedwood stand" means an area in which, at rotation age,
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(a) |
the coniferous trees, collectively, and
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(b) |
the deciduous trees, collectively,
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each represent a minimum of 20% of the net merchantable volume of timber on the area;
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"participant" means the government, in relation to the small business forest enterprise program, and a person who
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(a) |
is referred to in section 3 (1) (a) to (c) and has consented in writing to take part in the pilot project, or
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(b) |
becomes a participant under section 6 and has consented in writing to take part in the pilot project;
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"performance indicator" means a measurable variable that is specified in a sustainable forest management plan and is used to report progress toward the achievement of a goal;
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"permanent access structure" means a road, landing, logging trail, pit, quarry or other similar structure in a cutblock that
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(a) |
is constructed by a participant or holder of a minor timber sale licence and is
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(i) |
required to be used for timber harvesting or other forest management activities and whose use will continue long enough to prevent the production of a commercial crop of trees on the area occupied by the structure that will be harvestable concurrently with the crop of adjacent trees, or
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(ii) |
either constructed through material that is not suitable, or contains materials that are not suitable, for use in carrying out the soil rehabilitation treatments necessary to grow a commercial crop of trees, or
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(b) |
was constructed by a person other than a participant or holder of a minor timber sale licence;
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"pilot project" means the Fort St. John pilot project, proposed by the participants, that is the subject of this regulation;
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"pilot project area" means the Fort St. John Timber Supply Area;
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"public advisory group" means a public advisory group established under section 46;
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"qualified auditor" means a person who is competent to assess compliance with this regulation;
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"qualified registered professional" means, with respect to an activity for which this regulation requires a qualified registered professional, a person who
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(a) |
has the education and experience that is appropriate to carry out the activity, and
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(b) |
is a member of, or licensed by, a regulatory body in British Columbia that has the legislated authority to regulate its members or licensees carrying out the activity;
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"reforest" means to establish on a harvested area a well-growing stand in accordance with section 32;
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"regional director" means a regional director employed in the Ministry of Water, Land and Air Protection;
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"rehabilitate" means to restore to a stable condition and to a condition that does not prevent the reforestation requirement from being met;
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"resource agencies" means any government agency, ministry or department having jurisdiction over a resource that may be affected by any activity or operation proposed under a higher level plan or plan required under this regulation;
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"riparian class" means the riparian class determined under Schedule D;
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"riparian management area" means an area of a width determined in accordance with Schedule D that
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(a) |
is adjacent to a stream or wetland or a lake with a riparian class of L3, and
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(b) |
consists of a riparian management zone and, depending on the riparian class of the stream, wetland or lake, a riparian reserve zone;
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"riparian management zone" means that portion of the riparian management area that is outside of any riparian reserve zone or if there is no riparian reserve zone, that area located adjacent to a stream, wetland or lake of a width determined in accordance with Schedule D;
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"riparian reserve zone" means that portion, if any, of the riparian management area or lakeshore management area located adjacent to a stream, wetland or lake of a width determined in accordance with Schedule D;
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"site level plan" means a site level plan
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(a) |
referred to in section 9 or 10, or
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(b) |
required under Part 3, Division 3;
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"small business forest enterprise program" means the government program administered by the Ministry of Forests that facilitates the entering into agreements under the Forest Act that generate small business forest enterprise revenue;
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"sustaining soil productivity" means ensuring that, at the conclusion of harvesting operations in a cutblock, the capacity of the site to produce stands of timber is not less than the preharvest capacity of the site to produce stands of timber.
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(2)
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Words and expressions used in this regulation that are not defined in the Act or this regulation have the meaning given to them in the Operational and Site Planning Regulation and the Tree Cone, Seed and Vegetative Material Regulation.
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(3)
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Distances referred to in this regulation are horizontal distances except for the distances referred to in Schedule D, which are slope distances.
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[am. B.C. Reg. 292/2003, Sch. D, s. 1.]
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Special circumstances when Crown timber may be cut, etc. |
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2 |
(1)
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For the purposes of section 96 (1) of the Act, a participant or holder of a minor timber sale licence is authorized to cut, damage or destroy Crown timber in the course of fire control or suppression operations.
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(1.1)
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For the purposes of section 96 (1) (f.1) of the Act, a participant is authorized to cut, damage or destroy Crown timber on an area if the cutting, damaging or destruction of the timber happens in the course of carrying out silviculture treatments, stand tending treatments, forest health treatments, or any other activity that is
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(a) |
ancillary to the purposes of the Act,
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(b) |
authorized by the district manager, or
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(c) |
funded under the Forest Investment Vote in the estimates of the ministry.
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(2)
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For the purposes of section 96 (1) (g) (iii) of the Act, this regulation, the Workers Compensation Act and the regulations under that Act are prescribed enactments.
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[am. B.C. Reg. 292/2003, Sch. D, s. 2.]
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Inapplicable provisions of the Act and regulations
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3 |
(1)
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For the purposes of the pilot project, the enactments listed in subsection (4) do not apply to each of the following:
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(a) |
Canadian Forest Products Ltd. as the holder of forest licence A18154;
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(b) |
Slocan Forest Products Ltd. as the holder of pulpwood agreement 12;
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(c) |
Louisiana-Pacific Canada Limited as the holder of
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(i) |
pulpwood agreement 13, and
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(ii) |
forest licences A60049, A60972 and A60050;
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(d) |
each person who
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(i) |
is the holder of a timber sale licence that
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(A) |
authorizes harvesting of timber in the pilot area, and
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(B) |
is not a major licence, and
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(ii) |
has consented to participate in the pilot project;
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(e) |
an agreement holder, referred to in paragraphs (a) to (d), as the holder of a road permit associated with the agreement;
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(f) |
a holder of a minor timber sale licence, as the holder of a road permit associated with the licence;
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(g) |
a holder of a pulpwood agreement, referred to in paragraphs (b) and (c), as the holder of a timber sale licence issued under section 23 (1) (a) of the Forest Act to satisfy the obligations of the government under the pulpwood agreement.
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(2)
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For the purposes of the pilot project,
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(a) |
the enactments listed in subsection (4) do not apply in relation to the small business forest enterprise program, to the district manager of the Fort St. John Forest District or to the government, and
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(b) |
this regulation applies in respect of
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(i) |
a road that is constructed after the effective date of this regulation for the primary purpose of providing access to timber to be harvested under a minor timber sale licence, and
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(ii) |
a road that was constructed before the effective date of this regulation if
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(A) |
the road has not been permanently deactivated, and
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(B) |
the district manager is satisfied that the primary purpose of the road when it was constructed was to provide access to timber to be harvested under the small business forest enterprise program.
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(3)
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Repealed. [B.C. Reg. 350/2002, Sch. E, s. 1.]
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(4)
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The following are the listed enactments referred to in subsections (1) and (2):
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(a) |
Part 3 of the Act;
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(b) |
Part 4 of the Act, except sections 50 to 52 and sections 66 and 69 of the Act;
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(c) |
the Operational and Site Planning Regulation, except sections 1, 69, 70 and 71 of that regulation;
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(d) |
the Forest Road Regulation;
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(e) |
the Timber Harvesting and Silviculture Practices Regulation.
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(f) |
Repealed. [B.C. Reg. 350/2002, Sch. E, s. 1.]
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(5)
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For the purposes of the pilot project, a provision of the Forest Act, the Forest Practices Code of British Columbia Act or the regulations under either of those Acts that requires the holder of an agreement, for a road or cutblock, to obtain a road permit, road use permit or cutting permit does not apply to a participant if the participant receives an authorization from the district manager under section 23 for that road or cutblock.
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[am. B.C. Reg. 350/2002, Sch. E, s. 1.]
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Section Repealed
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4 |
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Repealed. [B.C. Reg. 292/2003, Sch. D, s. 3.]
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Balancing competing values and interests
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5 |
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For the balancing of competing values and interests for the purposes of section 221.1 (5) of the Act,
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(a) |
there are established in the pilot project area the 24 management zones that are
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(i) |
named under column 1 in items 1 to 24 of Part A1 of Schedule A, under the heading "Management Zones and Their Objectives" and
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(ii) |
shown in the map set out in Part A2 of Schedule A under the heading "Fort St. John Pilot Project Management Zone Map", and
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(b) |
the objectives for each management zone named under column 1 of an item of Part A1 of Schedule A are the objectives set out in that item under column 2 of Part A1 of that schedule.
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