STILLWATER PILOT PROJECT REGULATION

B.C. Reg. 96/01, Deposited April 5, 2001
O.C. 0427/01, effective April 5, 2001
consolidated to August 5, 2003

PART 5 - PUBLIC PARTICIPATION IN THE STILLWATER PILOT PROJECT

Public involvement in development of strategies and measurable targets

35. The licensee must establish a process to facilitate public involvement in the development of strategies and measurable targets that are required to be in the forest stewardship plan under Part 7.

Notice of proposed forest stewardship plan or amendment

36. Before the licensee submits a forest stewardship plan or amendment for approval the licensee

(a) must publish a notice in a newspaper, in a form acceptable to the district manager, stating that the proposed forest stewardship plan or amendment is available for public review and comment, and

(b) must make the forest stewardship plan or amendment available for review and comment in a manner consistent with this Division.

Submitting proposal to the district manager and designated environment official

37. The licensee must submit to the district manager and the designated environment official a copy of the proposed forest stewardship plan or amendment in the form that will be made available for review under section 36

(a) at substantially the same time as the licensee first publishes the notice referred to in section 36 (a) , or

(b) at any other time agreed to by the district manager, the designated environment official and the licensee.

Review by the public, agencies and affected persons

38. (1) The licensee must provide an opportunity to review a proposed forest stewardship plan or amendment to members of the public interested in, or affected by, operations under the proposed forest stewardship plan or amendment in accordance with this Division.

(2) The licensee must refer the proposed forest stewardship plan or amendment to

(a) any resource agency specified by the district manager or the designated environment official,

(b) any government agency identified by the district manager or the designated environment official, and

(c) any other person the district manager or the designated environment official identifies as a person who may be materially affected by the proposed forest stewardship plan or amendment.

(3) An opportunity for review provided to an interested or affected person under subsections (1) or (2) is adequate only if, in the opinion of the district manager or the designated environment official, the opportunity is commensurate with the nature and extent of that person's interest in the area under the forest stewardship plan or amendment and any right that person may have to use the area under the forest stewardship plan.

Assessments available at place of business

39. The licensee must make the assessments that are related to the forest stewardship plan, other than archaeological impact assessments, available for review by persons reviewing the forest stewardship plan or amendment under section 38, at its place of business in Powell River, or at another location specified by the district manager.

Period for review

40. (1) Subject to subsection (2), the period for review of a proposed forest stewardship plan or amendment is 60 days from the date of the first publication of the notice referred to in section 36.

(2) Despite subsection (1) the district manager or the designated environment official, may, by notice in writing to the licensee, given before the expiry of the period under subsection (1), extend the period for review under subsection (1).

Comments

41. A person who reviews a proposed forest stewardship plan or amendment under this Division may submit comments in writing to the licensee during the period allowed for review under section 40.

Licensee's response to comments

42. The licensee must consider all comments received under section 41 and

(a) make any revisions to the proposed forest stewardship plan or amendment that the licensee considers appropriate,

(b) make any revisions to the proposed forest stewardship zone map to indicate any specific area of concern, and

(c) provide the person who submitted the comments with a detailed explanation in writing of how the issues raised in the comments have been addressed.

Submitting a proposed forest stewardship plan and comments

43. When submitting a forest stewardship plan or amendment for approval, the licensee must submit with the proposed forest stewardship plan or amendment

(a) a copy of the notices that were published under section 36 in respect of the proposed forest stewardship plan or amendment,

(b) a copy of each written comment received in respect of the proposed forest stewardship plan or amendment,

(c) a copy of each detailed explanation provided to the person who submitted a comment on the proposed forest stewardship plan or amendment, and

(d) a summary of all revisions made to the proposed forest stewardship plan under section 42.

Amendments that do not require public review and comment

44. Section 40 does not apply to an amendment if the district manager or the designated environment official is satisfied that

(a) the amendment is necessary to enable measures to be taken to address an emergency and there is insufficient time to provide for review and comments for a period of at least 10 days, or

(b) the reason for the amendment is to make the forest stewardship plan consistent with the items in section 16.

Notice of exemption from review

45. (1) If section 44 applies the licensee must publish, in an issue of a newspaper, a notice of the exemption and approval under that section, including a statement containing the following information:

(a) the amendment to the forest stewardship plan has been approved or given effect without having been made available for review and comments;

(b) the reasons why implementation of the amendment proceeded without review and comment.

(2) Notices with respect to exemptions under section 44 must include the following:

(a) the date on which the operations are authorized to begin;

(b) 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.

Documents available for viewing in the licensee's place of business

46. The licensee must make the following documents available for viewing at its place of business in Powell River or at another location specified by the district manager:

(a) any forest stewardship plan;

(b) any assessments that are related to the development of the proposed forest stewardship plan, other than archaeological impact assessments;

(c) any assessments that are required before applying for a cutting permit under a forest stewardship plan;

(d) any access management planning document prepared under a forest stewardship plan;

(e) any road layout and design documents prepared under a forest stewardship plan;

(f) any cutting permits issued under a forest stewardship plan;

(g) any silviculture plan or harvest plan;

(h) any audits, records or annual reports prepared under Parts 8 and 9;

(i) the operational information map;

(j) any comments received from the public regarding the operational information map and any responses to those comments by the licensee under Division 5 of this Part.

Notice

47. (1) The licensee must publish in a newspaper a notice, in a form acceptable to the district manager, stating that the forest stewardship plan and related planning documents are available for public review in accordance with section 46.

(2) The notice required under subsection (1) must be published at least once in each calendar year.

Comments from the public regarding specific areas of concern

48. During the term of a forest stewardship plan, the licensee must record all comments received from the public with respect to any specific area of concern identified in the forest stewardship plan.

Licensee response to comments

49. The licensee must consider all comments from the public received under section 48 and provide the person who submitted the comments with a detailed explanation in writing of how the issues raised in the comments have been addressed.

Comments from the public regarding the operational information map

50. During the term of a forest stewardship plan, the licensee must record all comments received from the public about the operational information map.

Licensee response to comments

51. (1) The licensee must consider all comments from the public received under section 50 to determine whether the comments provide any information that materially affects the strategies and targets in the forest stewardship plan.

(2) The licensee must provide the person who submitted a comment under section 50 with a detailed explanation in writing of how the issues raised in the comment have been addressed.