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Regulations
- Forest Practices Code of BC ActOPERATIONAL AND SITE PLANNING REGULATION
PART 3 - FOREST DEVELOPMENT PLANS
Division 4 - Forest Development Plan Contents for
Categories of Cutblocks
B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998, (Consolidated to December 12, 2003)
- 19. (1) A
cutblock that does not meet the requirements of category A, under
section 20, may be shown on a forest development plan only as a
category I cutblock, and a category I cutblock is for information
purposes only, and is deemed not to be part of the forest
development plan.
(2) A road may be shown as a category I road on a forest development plan for information
purposes only, and a category I road is deemed not to be part of the forest development
plan.
- 20. (1) A cutblock may be shown as a proposed category A cutblock on a proposed
forest development plan only if the proposed plan meets the following requirements:
(a) the plan includes, in the form of a map, for areas that are within or adjacent to the
cutblock, the location of the following items, if the items may be impacted directly or
indirectly by the cutblock:
(i) known
resource features other than wildlife habitat features,
domestic water supply intakes and archaeological sites,
(ii) known
private property, and
(iii) known licensed domestic water supply intakes and related water supply
infrastructure;
(b) the plan describes for the cutblock the following:
(i) the year
of harvest, if timing is critical to the management of non-
timber forest resources;
(ii) the
location of any area of water that will be used as a
helicopter or balloon log drop area;
(iii)
whether or not the cutblock will be clearcut;
(iv) measures,
if any, proposed to achieve higher level plan objectives;
(v) measures,
if any, for the management of known ungulate winter ranges;
(vi) Repealed. [B.C. Reg. 350/2002]
(vii) the riparian class of streams, wetlands and lakes determined by the riparian
assessment under section 15.
(2) A cutblock may be shown as an approved category A cutblock on a proposed forest
development plan, if
(a) the cutblock was included as a category A cutblock on the forest development plan most recently given effect under section 40 of the Act, or approved under section 41 of the Act, and
(b) the information required under subsection (1) for the cutblock in that plan most recently given effect under section 40 of the Act, or approved under section 41 of the Act, is carried forward, without being updated, in the proposed plan.
(3) In addition to the requirements of section 19 (1) of the Act, if a terrain stability field assessment is required for a cutblock under section 16 or 17, the holder of an agreement is eligible to apply for a cutting permit only if
(a) the cutblock
(i) is included as a category A cutblock, in a forest development plan given effect or approved, and
(ii) is consistent with the assessment's results and recommendations, and
(b) either
(i) if the cutblock is
(A) within a community watershed, it complies with section 4 (3) (a) of the Timber Harvesting and Silviculture Practices Regulation, or
(B) outside a community watershed, it complies with section 5 (2) (a) of the Timber Harvesting and Silviculture Practices Regulation, or
(ii) if the requirements of subparagraph (i) have not been met, the forest development plan contains a statement giving the reason
(A) the requirements have not been met, and
(B) the plan should be given effect or approved in spite of the failure to meet those requirements.
- 21. (1) After
(a) a cutblock has been included as a category A cutblock as part of a forest development plan that has been given effect under section 40 of the Act, or approved under section 41 of the Act, or
(b) a road has been included as part of a forest development plan that has been given effect under section 40 of the Act or approved under section 41 of the Act,
the district manager may refuse to give effect to or to approve a subsequently proposed forest development plan that is the cutblock or road fails to meet the requirements of sections 10 (1) (d), 40 or 41 of the Act, but only if any of the following occurs in the period referred to in subsection (3):
(c) an enactment is made or amended or a higher level plan is established or varied, and
(i) the enactment or higher level plan applies to the cutblock or road, and
(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;
(d) a wildlife habitat area is established over any area of the proposed forest development plan, and the deputy minister of the Ministry of Water, Land and Air Protection has specified that the cutblock cannot be harvested as planned or the road cannot be located, constructed, modified or deactivated as planned;
(e) a community watershed that includes the area under the proposed forest development plan is designated, and the designation specifies that the cutblock cannot be harvested as planned or the road cannot be located, constructed, modified or deactiviated as planned;
(f) 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;
(g) a watershed assessment is completed for an area under the forest development plan, and
(i) the assessment reveals a condition that negatively affects the watershed,
(ii) either there was no previous watershed assessment, or there was a previous watershed assessment but it did not reveal the condition, and
(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 deactiviated as planned;
(h) the timber harvesting or other operation for which the road was to provide access will not be proceeding.
(2) Subsection (1) applies despite sections 10 (1) (d), 40 and 41 of the Act.
(3) The period referred to in subsection (1) in respect of a subsequently proposed forest development plan is the period from 4 months before the existing forest development plan was
(a) given effect under section 40 of the Act until 4 months before the proposed forest development plan is given effect, or
(b) submitted for approval under section 41 of the Act until 4 months before the proposed forest development plan is submitted for approval.
(4) Despite subsection (1), even if a cutblock has been included as a category A cutblock in a forest development plan that has been given effect or approved, the district manager may refuse to give effect to or to approve a subsequently proposed forest development plan that is the cutblock fails to meet the requirements of sections 40 or 41 of the Act, if
(a) a terrain stability field assessment is completed and the statement referred to in section 20 (3) has been submitted with the proposed forest development plan, and
(b) the district manager is satisfied, on the basis of the assessment's results or recommendations, or on the basis of the statement, that the cutblock cannot be harvested as planned.
- 22. (1) Despite sections 10 (1) (d), 40 and 41 of the Act, the district manager may not refuse to give effect to or approve a forest development plan on the grounds that the part of the forest development plan that is a cutblock fails to meet the requirements of sections 10 (1) (d), 40 or 41 of the Act if
(a) a cutting permit has been issued, or a timber sale has been entered into, for the cutblock, or
(b) the cutblock has been included as part of a forest development plan given effect or approved with the assessments required by  sections 16 and 17 and under section 36.1 or 37 shown as completed.
(2) The district manager may not refuse to
give effect to or approve a forest development plan on the grounds that the part of the forest development plan that is a road fails to meet the requirements of sections 10 (1) (d), 40 or 41 of the Act if
(a) a road permit has been issued for the road, or
(b) the road has been included as part of a forest development plan given effect or approved with the assessments required by sections 5 of the Forest Road Regulation shown as completed.
- 23. (1) This
section applies despite any other provision of this regulation.
(2) A cutblock is deemed to be a Category A cutblock if
(a) it is included as part of a forest development plan that is
(i) in effect
immediately before October 15, 1998, or
(ii) submitted for the apporval of, or prepared by, the district manager before October
15, 1998 and approved, or put into effect, by the district manager on or after that date,
and
(b) before the next forest development plan containing the cutblock is given effect under section 40 of the Act or approved under section 41 of the Act,
(i) the
cutblock has a cutting permit,
(ii) the
cutblock has a silviculture prescription or exemption from the
requirement for a silviculture prescription, or
(iii) a silviculture prescription for the cutblock, that meets the requirements of section
18 (1) (t) to (x), is submitted for the approval of, or prepared by, the district manager.
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