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Schedule B – Forest Development Plans
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Part B3 – Approval
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Limited protection for cutblocks and roads
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77 |
(1) |
After a cutblock has been included as part of an approved forest development plan as a Category A cutblock, or a road has been included as part of an approved forest development plan, the district manager may refuse to approve a subsequently proposed forest development plan on the grounds that the part of the subsequently proposed forest development plan that is the cutblock or road does not comply with section 13, only if any of the following occurs in the period referred to in subsection (2):
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(a) |
an enactment is made or amended or a higher level plan is established or varied, and
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(i) |
the enactment or higher level plan applies to the cutblock or road, and
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(ii) |
the district manager is satisfied that the proposed cutblock or road makes the forest development plan inconsistent with that enactment or higher level plan;
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(b) |
a wildlife habitat area is established over any area of the proposed forest development plan, and the chief forester and the deputy minister of the Ministry of Water, Land and Air Protection have specified that the cutblock cannot be harvested as planned or the road cannot be located, constructed, modified or deactivated as planned;
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(c) |
catastrophic damage or destruction of timber occurs in the vicinity of the cutblock, as a result of which harvesting the cutblock, as planned, no longer adequately manages and conserves the forest resources;
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(d) |
a watershed assessment is completed for an area under the forest development plan, and
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(i) |
the assessment reveals a condition that negatively affects the watershed,
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(ii) |
either there was no previous watershed assessment, or there was a previous watershed assessment, but it did not reveal the condition, and
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(iii) |
the recommendations in the current assessment specify that the cutblock should not be harvested as planned or the road should not be located, constructed, modified or deactivated as planned;
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(e) |
the timber harvesting or other operation for which the road was to provide access will not be proceeding.
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(2)
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The period referred to in subsection (1) is the period from 4 months before the forest development plan that is in effect was submitted for approval until 4 months before the proposed forest development plan is submitted for approval.
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Protection for cutblocks and roads
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78 |
(1) |
The district manager may not refuse to approve a forest development plan on the grounds that the part of the forest development plan that is a cutblock does not meet the requirements of that section if
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(a) |
an authorization has been given for the cutblock under section 23, or
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(b) |
the cutblock has been included as part of an approved forest development plan.
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(2)
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The district manager may not refuse to approve a forest development plan on the grounds that the part of the forest development plan that is a road does not meet the requirements of section 13 if
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(a) |
an authorization has been given for the road under section 23, or
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(b) |
the road has been included as part of an approved forest development plan.
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