|
Regulations
- Forest Practices Code of BC ActOPERATIONAL AND SITE PLANNING REGULATION
PART 3 - FOREST DEVELOPMENT PLANS
Division 5 - Notice, Review and Comment
B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998 (Consolidated to December 12, 2003)
 24. This division does not apply to a forest development plan or amendment to which one or more of the following applies.
(a) section 42.1 of the Act;
(b) section 7.3 of this regulation;
(c) section 18.1 to 18.3 of this regulation.
- 25. Before a person submits a forest development plan or amendment for approval,
or a district manager puts into effect a forest development plan or amendment, the person
or the district manager, as the case may be, must publish a notice, in a form acceptable
to the district manager, in a newspaper stating that the forest development plan is
available for public review and comment.
- 26. (1) A person, other than the district manager, required to publish a notice
under section 25, must submit to the district manager a copy of the forest development
plan or amendment in the form that will be made available for review under section 27
(a) at
substantially the same time as a person first publishes the
notice referred to in section 25, or
(b) at any other time agreed to by the district manager and the holder of the agreement.
(2) On the request of the district manager, a person who is responsible for a forest development plan must submit to the district manager a copy of any assessment required under sections 13 to 17.
- 27. (1) A
person required to publish a notice under section 25 must provide
an opportunity to review a proposed forest development plan or
amendment to members of the public interested in or affected by
operations under the proposed plan or amendment in accordance with
this division.
(2) If an
assessment required under sections 13 to 17 has been completed,
the person required to provide an opportunity for review of the
forest development plan or amendment must, on the request of a
person conducting a review of the plan under this section, make
the assessment available for viewing to that person to assist
their review of the plan.
(3) The person
required to provide a viewing of an assessment under subsection
(2) must make it available at their place of business nearest to
the area under the plan or at another location specified by the
district manager.
(4) Subject to subsections (5) and (6), the opportunity for a review under
subsection (1) must be for
(a) a period of
60 days from the date of the first publication referred to in
section 25, except for a forest development plan or amendment
referred to in paragraph (b), or
(b) a period of at least 10 days from the date of the first publication referred to in
section 25, if the entire forest development plan or amendment relates to an expedited
major salvage operation.
(5) Despite subsection (4) (a) the district manager may,
(a) by notice in writing given before the expiry of the 60 day period under subsection (4) (a) to a person required to provide a review under this section, extend the period for review under subsection (4) (a) and, with respect to the extension, is not required to provide an opportunity to be heard or to give reasons, or
(b) reduce the period for review under subsection (4) (a) if the district manager determines that the shorter period would provide adequate opportunity for review by persons interested in or affected by operations under an amendment.
(6) A person has no obligation to provide an opportunity for review of an amendment to a
forest development plan relating to an operation concerning which the district manager is satisfied
(a) that the
reason for the operation is to address an emergency under
section 42 of the Act, and
(b) there is insufficient time to provide for review and comment for a period of at least
10 days,
and, with respect
to this decision, the district manager is not required to provide
an opportunity to be heard or to give reasons.
(7) If under subsection (6) no review is provided, the person responsible for preparing
the amendment to the forest development plan must publish, in an issue of a newspaper, a
notice of the exemption and approval, including a statement containing the following
information:
(a) the
amendment to the forest development plan has been approved or
given effect without having been made available for review and
comment;
(b) the reasons
why implementation of the amendment must proceed without review
and comment;
(c) the date on
which the operations are authorized to begin;
(d) the number of days, which must be a minimum of 5 clear days, between the date of first
publication and the date operations are to begin.
(8) An opportunity for review provided to an interested or affected person under
subsection (1) will be adequate only if, in the opinion of the district manager the opportunity is commensurate with the nature and extent of that
person's interest in the area under the plan and any right that person may have to use the
area under the plan.
- 28. A person who reviews a forest development plan or amendment under this
division may submit comments in writing during the period allowed for review under
section 27 to the person who publishes a notice under section 25.
- 29. (1) A
person required to publish a notice under section 25 must consider
all comments received during the period for review under section
27 in relation to proposed category A cutblocks and proposed road
construction, modification and deactivation and make any revisions
to the proposed plan or amendment that the person considers
appropriate.
(2) Despite subsection (1), the person who publishes a notice under section 25 in respect of a proposed forest development plan in not required to consider or address a comment with respect to
(a) a cutblock included as part of the proposed plan, if that cutblock has been included as a category A cutblock as part of a forest development plan that has been given effect or approved, unless the comment is related to an assessment required under sections 16 or 17 that was not completed for the cutblock before the plan was given effect or approved, or
(b) a road, if that road has been included as part of a forest development plan that has been given effect or approved.
- 30. A person that submits a forest development plan or amendment for approval
must submit with the proposed forest development plan or amendment
(a) a copy of
the notices that were published under section 25 in respect of
the proposed forest development plan or amendment,
(b) a copy of
each written comment received in respect of the proposed forest
development plan or amendment, and
(c) a summary of all revisions made to the proposed forest development plan or amendment
under section 29 (1).
indicate most recent
changes to this page
|
