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Regulations
- Forest Practices Code of BC ActWOODLOT
LICENCE FOREST MANAGEMENT REGULATION
Contents
B.C. Reg. 325/98 Deposited September 23, 1998
O.C. 1202/98 Effective November 30, 1998 (Consolidated to December 12, 2003)
- PART 1 Definitions and
Interpretation
- PART 2 Operational Plans
- PART 3 General Forest Practices
- PART 4 Roads
- PART 5 Harvesting Practices
- PART 6 Silviculture
- PART 7 Riparian Widths
- PART 7.1 Ungulate Winter Range and Identified Wildlife
- PART 8 Offences
- PART 9
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74 |
(1) |
In this
Part and in Schedule A: |
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"BG" means the bunch grass
biogeoclimatic zone; |
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"BWBS" means the boreal white and
black spruce biogeoclimatic zone; |
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"CDF" means the coastal Douglas-fir
biogeoclimatic zone; |
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"commencement of harvesting"
means |
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(a) |
for an
area harvested under a cutting permit where the holder of a
woodlot licence is required to establish a free growing stand
under section 76, the date harvesting, excluding road and
landing construction, begins on the area, |
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(b) |
for an
area where the holder of the woodlot licence harvests Crown
timber in contravention of section 96 of the Act, the date the
contravention begins, or |
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(c) |
for
private land subject to the woodlot licence where the holder
of the woodlot licence harvests timber without authorization,
the date the harvesting begins; |
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"CWH" means the coastal western
hemlock biogeoclimatic zone; |
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"ESSF" means the Engelmann spruce
subalpine fir biogeoclimatic zone; |
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"ICH" means the interior cedar hemlock
biogeoclimatic zone; |
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"IDF" means the interior Douglas-fir
biogeoclimatic zone; |
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"MH" means the mountain hemlock
biogeoclimatic zone; |
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"MS" means the montane spruce
biogeoclimatic zone; |
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"PP" means the ponderosa pine
biogeoclimatic zone; |
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"SBPS" means the sub-boreal pine
spruce biogeoclimatic zone; |
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"SBS" means the sub-boreal spruce
biogeoclimatic zone; |
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"target stocking standard" means the
optimum number of healthy, well spaced and free growing trees
of the preferred and acceptable species per hectare as
determined in accordance with section 80; |
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"target stocking standard for single tree
selection" means the optimum number of healthy, well
spaced and free growing trees of the preferred and acceptable
species per hectare for a layer within a stand to be
considered fully stocked under a single tree selection
silvicultural system as determined in accordance with section
80; |
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"well spaced" means |
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(a) |
for other
than a mature layer in single tree selection silvicultural
systems, trees that are at least the following minimum
distance apart: |
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(i) |
the
distance specified in an operational plan for the area; |
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(ii) |
if there
is no distance specified in an operational plan for the
area, |
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(A) |
for the
BG, BWBS, ESSF, ICH, IDF, MS, PP, SBPS and SBS biogeoclimatic
zones, |
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(I) |
1.5 m for planted
areas, and |
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(II) |
2.0 m for naturally
regenerated areas, and |
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(B) |
for the
CDF, CWH and MH biogeoclimatic zones, 2.0 m, and |
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(b) |
for the
mature layer in single tree selection silvicultural systems,
any distance apart. |
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(2) |
Despite
the definition of “commencement of
harvesting”, the district manager may authorize, in
writing, a different date as the commencement of harvesting,
if harvesting of bark beetle infested timber or timber damaged
by wind occurs before harvesting the majority of the cutblock
volume. |
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75 |
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Nothing in
this Division applies to the establishment of a free growing
stand on an area under a silviculture prescription, or
otherwise affects the requirements of the Act with respect to
the establishment of a free growing stand on an area under a
silviculture prescription. |
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Producing
a free growing stand on required
areas |
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76 |
(1) |
A holder
of a woodlot licence must establish, in accordance with
sections 77 to 80, a free growing stand on |
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(a) |
the net
area to be reforested, except on areas of intermediate
cuttings, |
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(b) |
areas
where the timber was harvested by the holder in contravention
of section 96 of the Act, and |
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(c) |
private
land subject to the woodlot licence where timber was harvested
by the holder without authorization. |
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(2) |
The
district manager may exempt the holder of a woodlot licence
from the requirements of subsection (1) if the harvesting is
limited to one or more of the following: |
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(a) |
harvesting
timber on land that is, or will be, used for |
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(i) |
grazing or
growing of hay in accordance with an agreement under the Range Act, |
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(ii) |
an
experimental purpose, |
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(iii) |
growing
Christmas trees, or |
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(iv) |
any use
that is incompatible with the establishment of a free growing
stand; |
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(b) |
harvesting
activities limited to |
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(i) |
removing a
safety hazard, |
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(ii) |
facilitating the collection of seed for
reforestation, or |
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(iii) |
facilitating the entrapment of
pests; |
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(c) |
the
felling and removal of special forest products; |
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(d) |
minor
salvage operations; |
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(e) |
minor
harvesting operations. |
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Stocking
requirements at regeneration date |
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77 |
(1) |
When
establishing a free growing stand under section 76, the holder
of a woodlot licence must establish a stand that meets the
stocking requirements of this section on or before the
regeneration date, which is |
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(a) |
the date
that is determined by moving forward from the commencement of
harvesting the number of years that is the number specified
for the regeneration date in an operational plan for the area,
or |
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(b) |
if no
number is specified for the regeneration date in an
operational plan for the area, the date that is, |
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(i) |
for BG,
BWBS, ESSF, ICH, IDF, MH, MS, PP, SBPS and SBS biogeoclimatic
zones, |
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(A) |
4 years
after commencement of harvesting, for areas where planting is
specified in an operational plan, and |
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(B) |
7 years
after commencement of harvesting, for areas where natural
regeneration is specified in an operational plan, and |
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(ii) |
for CDF
and CWH biogeoclimatic zones, |
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(A) |
3 years
after commencement of harvesting, for areas where planting is
specified in an operational plan, and |
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(B) |
6 years
after commencement of harvesting, for areas where natural
regeneration is specified in an operational plan. |
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(2) |
If the
silvicultural system approved for the area is other than
single tree selection, the stand of trees must contain at
least |
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(a) |
the
minimum number of healthy, well spaced trees of the preferred
and acceptable species per hectare, and |
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(b) |
the
minimum number of healthy, well spaced trees of the preferred
species per hectare |
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specified
in an operational plan for the area, or if not specified in an
operational plan for the area, as determined in accordance
with Schedule A.
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(3) |
If the
silvicultural system approved for the area is single tree
selection, the stand of trees must contain, for at least one
layer of the stand, |
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(a) |
at least
the minimum number of healthy, well spaced trees of the
preferred and acceptable species per hectare, and |
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(b) |
at least
the minimum number of healthy, well spaced trees of the
preferred species per hectare |
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specified
in an operational plan for the area, or if not specified in an
operational plan for the area, as determined in accordance
with Schedule A.
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(4) |
The holder
must maintain the stocking requirements of this
section from the regeneration date referred to in
subsection (1) until |
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(a) |
the holder
is relieved of the obligation to establish a free growing
stand under section 69.1 of the Act, |
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(b) |
the
obligation to establish a free growing stand no longer applies
in accordance with section 162.1 of the Act, or |
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(c) |
the holder
is granted relief from the obligation to establish a free
growing stand under section 162.2 (2) of the Act. |
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Stocking
requirements at free growing date |
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78 |
(1) |
When
establishing a free growing stand under section 76, the holder
of a woodlot licence must establish a free growing stand that
meets the stocking requirements of this section on or before
the free growing date, which is |
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(a) |
the date
that is determined by moving forward from the commencement of
harvesting the number of years that is the number specified
for the free growing date in an operational plan for the area,
or |
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(b) |
if no
number is specified for the free growing date in an
operational plan for the area, the date that is |
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(i) |
15 years
after commencement of harvesting for the BG, BWBS, ESSF, ICH,
IDF, MH, MS, PP, SBPS and SBS biogeoclimatic zones, and |
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(ii) |
12 years
after commencement of harvesting for the CDF and CWH
biogeoclimatic zones. |
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(2) |
Repealed. [B.C.
Reg. 18/2001, Sch. 3] |
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(3) |
If the
silvicultural system approved for the area is other than
single tree selection, the stand of trees must contain at
least |
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(a) |
the
minimum number of healthy, well spaced trees of the preferred
and acceptable species per hectare, and |
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(b) |
the
minimum number of healthy, well spaced trees of the preferred
species per hectare |
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specified
in an operational plan for the area, or if not specified in an
operational plan for the area, as determined in accordance
with Schedule A.
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(4) |
If the
silvicultural system approved for the area is single tree
selection, the stand of trees must contain, for at least one
layer of the stand, |
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(a) |
at least
the minimum number of healthy, well spaced trees of the
preferred and acceptable species per hectare, and |
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(b) |
at least
the minimum number of healthy, well spaced trees of the
preferred species per hectare |
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specified
in an operational plan for the area, or if not specified in an
operational plan for the area, as determined in accordance
with Schedule A.
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(5) |
Healthy,
well spaced trees of a preferred or acceptable species,
referred to in subsection (3) or (4), must have achieved |
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(a) |
the
minimum height for their species as specified in an
operational plan for the area, or if not specified in an
operational plan for the area, as determined in accordance
with Schedule A, and |
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(b) |
the
height, relative to competing vegetation within a 1 m radius
of the tree trunk, |
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(i) |
specified
in an operational plan for the area, or |
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(ii) |
if there
is no amount specified in an operational plan for the
area, |
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(A) |
125% for
the ESSF, IDF, MS, MH, PP and BG biogeoclimatic zones,
and |
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(B) |
150% for
the CDF, CWH, BWBS, ICH, SBPS and SBS biogeoclimatic
zones. |
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(6) |
For
healthy, well spaced trees of a preferred or acceptable
species to be considered free growing, they must have been
growing on the area for at least 5 years from the commencement
of harvesting, unless the district manager specifies, in
writing, another period. |
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(7) |
Despite
the requirement in section 30 to comply with an operational
plan, the maximum number of coniferous trees allowed per
hectare before a spacing treatment is required under section
79 is |
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(a) |
a number
established by the regional manger, in writing, in accordance
with section 81 (6), or |
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(b) |
10 000 trees per hectare, if a number
has not been established under paragraph (a). |
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(8) |
If a
spacing treatment is required under section 79, the number of
coniferous trees per hectare that remain after the spacing
treatment must not exceed |
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(a) |
the post
spacing density number specified in an operational plan for
the area, or |
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(b) |
if there
is no post spacing density number specified in an operational
plan for the area, then |
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(i) |
if a
silvicultural system other than single tree selection is
approved for the area, |
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(A) |
2 000
coniferous trees per hectare for the BG, BWBS, ESSF, ICH, IDF,
MS, PP, SBPS and SBS biogeoclimatic zones, or |
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(B) |
1 500
coniferous trees per hectare for the CDF, CWH and MH
biogeoclimatic zones, and |
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(ii) |
if single
tree selection is approved for the area, 1 500 coniferous
trees per hectare in the sapling layer. |
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Maximum
density spacing requirement |
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79 |
(1) |
When
establishing a free growing stand under section 76, if the
maximum number of coniferous trees per hectare on an area
exceeds the number specified in section 78 (7), the holder of
a woodlot licence must carry out a spacing treatment before
the free growing date to reduce the number of coniferous trees
per hectare on the area to |
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(a) |
a number
not greater than the post spacing density number specified in
an operational plan for the area, or |
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(b) |
if there
is no post spacing density number specified in an operational
plan for the area, a number not greater than the number
specified in section 78 (8). |
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(2) |
For the
purposes of determining if the number of trees per hectare
before a spacing treatment is required has been exceeded, the
following coniferous trees must be counted: |
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(a) |
a tree
that is at least 20% of the median height of the preferred and
acceptable well spaced trees in the survey plot; |
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(b) |
if the
silvicultural system is single tree selection, a tree that is
at least 1.3 m in height and less than 7.5 cm in
diameter measured at a height of 1.3 m; |
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(c) |
a tree
that meets criteria established by the chief forester under
section 81 (9). |
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80 |
(1) |
When
establishing a free growing stand under section 76, |
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(a) |
if the
silvicultural system approved for the area is other than
single tree selection, the holder of a woodlot licence must
carry out a regime of silviculture treatments designed to
achieve the target stocking standard, as specified in an
operational plan for the area, or if not specified in an
operational plan for the area, as determined in accordance
with Schedule A, or |
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(b) |
if the
silvicultural system approved for the area is single tree
selection, the holder of a woodlot licence must carry out
harvesting and a regime of silviculture treatments that is
designed to achieve the target stocking standard for single
tree selection for at least one layer of the stand, as
specified in an operational plan for the area, or if not
specified in an operational plan for the area, as determined
in accordance with Schedule A. |
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(2) |
The
district manager may require a holder of a woodlot licence to
prepare and obtain the district manager’s approval of a site
plan, or amendment, that outlines a regime of silviculture
treatments designed to achieve a target stocking standard
required under subsection (1), if the district manager is of
the opinion that the holder is not complying with subsection
(1). |
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Maximum
density spacing treatment requirement
if there is a silviculture prescription
for the area |
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81 |
(1) |
A holder
of a woodlot licence is exempt from the requirement under
section 70 (3) of the Act to act in accordance with a
silviculture prescription to the extent that the prescription
contains a requirement for carrying out a spacing treatment
before the end of the free growing assessment period to reduce
the density of trees to a density specified in the
prescription. |
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(2) |
A holder
of a woodlot licence who has an approved silviculture
prescription is exempt from the requirements of section 70 (4)
(f) and section 70 (6) of the Act. |
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(3) |
If |
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(a) |
a
silviculture prescription for an area is approved on or after
April 1, 1994, and the holder of the woodlot licence is
required to establish a free growing stand on the area,
and |
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(b) |
before the
end of the free growing period, the number of coniferous trees
per hectare in that area exceeds 10 000 or another number
specified by the regional manager under subsection (6), |
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the holder
must carry out a spacing treatment on the area before the end
of the free growing assessment period to reduce the number of
coniferous trees per hectare to within the range limited by
the maximum and minimum numbers specified in the prescription.
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(4) |
If a
silviculture prescription for an area was approved before
April 1, 1994, and the holder of the woodlot licence is
required to establish a free growing stand on the area, the
holder must, if the density of lodgepole pine or drybelt
Douglas-fir trees per hectare exceeds 10 000 or another
number specified by the regional manager under subsection (6),
carry out a spacing treatment on the area before the end of
the free growing assessment period to reduce the number of
trees |
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(a) |
to within
the range limited by the maximum and minimum numbers specified
in the prescription, or |
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(b) |
if a range
described in paragraph (a) is not indicated in the
prescription, to within the range limited by the maximum and
minimum numbers specified by the district manager in a written
notice. |
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(5) |
For the
purposes of subsection (4), if a range is not specified in the
prescription and the district manager does not specify a range
in a written notice, then the holder of the woodlot licence
must carry out a spacing treatment before the end of the free
growing assessment period to reduce the number of trees to a
number that does not exceed |
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(a) |
if a
silvicultural system other than single tree selection is
approved for the area, |
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(i) |
2 000
coniferous trees per hectare for the BG, BWBS, ESSF, ICH, IDF,
MS, PP, SBPS and SBS biogeoclimatic zones, or |
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(ii) |
1 500
coniferous trees per hectare for the CDF, CWH and MH
biogeoclimatic zones, and |
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(b) |
if single
tree selection is approved for the area, 1 500 coniferous
trees per hectare in the sapling layer. |
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(6) |
For the
purposes of subsections (3) and (4), the regional manager may
specify a number other than 10 000, if |
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(a) |
satisfied
that a number other than 10 000 is necessary to ensure
that forest resources are adequately managed and conserved in
an area, and |
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(b) |
the chief
forester has established policies and guidelines under
subsection (9). |
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(7) |
The
regional manager is not required to specify a number other
than 10 000 under subsection (6). |
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(8) |
When
specifying a number under subsection (6), the regional
manager |
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(a) |
may
specify different numbers for different areas and species,
and |
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(b) |
must give
written notice of the specification to a holder of a woodlot
licence before that holder is bound by the
specification. |
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(9) |
The chief
forester may |
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(a) |
establish,
vary or cancel policies and guidelines respecting |
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(i) |
the
regional manager’s specification of a number of trees per
hectare other than 10 000, under subsection (6), |
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(ii) |
the
characteristics of trees that must be counted for the purpose
of determining if the number of trees per hectare before a
spacing treatment is required has been exceeded, and |
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(iii) |
any other
matters related to stand density management, and |
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(b) |
make
different policies and guidelines for different areas and
species. |
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(10) |
The
regional manager must follow policies and guidelines under
subsection (9). |
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(11) |
The
policies and guidelines under subsection (9) must be made
available to the public, on request, at regional and district
offices of the Ministry of Forests. |
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(12) |
For the
purposes of determining if the number of trees per hectare
before a spacing treatment is required has been exceeded, the
following coniferous trees must be counted: |
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(a) |
a tree
that is at least |
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(i) |
50% of the
median height of the preferred and acceptable well spaced
trees in the survey plot, if the median height is 2 m or
greater, or |
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(ii) |
30% of the
median height of the preferred and acceptable well spaced
trees in the survey plot, if the median height is less than 2
m; |
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(b) |
if the
silvicultural system is single tree selection, a tree that is
at least 1.3 m in height and less than 7.5 cm in
diameter measured at a height of 1.3 m; |
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(c) |
a tree
that meets criteria established by the chief forester under
subsection (9). |
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Silviculture obligations for
non-replaceable
woodlot
licences |
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81.1 |
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For the
purposes of section 71 (1) (a) of the Act, the prescribed
date is November 1, 1994. |
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Use of
seeds and vegetative material |
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82 |
(1) |
In this
section: |
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"seedlot" means a quantity of cones or
seeds having the same species, source, quality and year of
collection; |
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"source" means |
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(a) |
the
geographic source of cones, seeds and vegetative material
including the latitude, longitude and elevation of the source,
or |
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(b) |
the name
and licence number of the seed orchard, cutting orchard or
production facility; |
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"vegetative lot" means a quantity of
vegetative material or vegetative propagules having the same
species, source and year of collection; |
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"vegetative material" means plant
parts or tissues used to produce vegetative propagules through
asexual means; |
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"vegetative propagule" means a plant
that has been produced through asexual means. |
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(2) |
If the
holder of a woodlot licence carries out planting to produce a
free growing stand or carries out planting on a backlog, the
holder must comply with all of the following: |
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(a) |
use only
seedlots or vegetative lots collected and registered in
accordance with the Tree Cone, Seed and Vegetative Material
Regulation; |
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(b) |
unless
otherwise authorized by the district manager, use the best
genetic quality source available; |
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(c) |
not exceed
the limits for seed or vegetative material transfer specified
in the Seed and Vegetative Material Guidebook, unless
otherwise permitted by the district manager; |
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(d) |
store
seeds for reforestation with the Ministry of Forests; |
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(e) |
keep a
record of the registration numbers of the seedlots or
vegetative lots used and the locations where they are
planted; |
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(f) |
use only
seedlings or vegetative propagules that indicate on their
shipping containers whether or not the seedlings or vegetative
propagules have been treated with pesticides; |
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(g) |
if the
holder knows or should know of forest health concerns that
affect the health of the species of trees that are required by
the operational plan, use only naturally or genetically
improved resistant seed sources, seedlings or vegetative
propagules if they are available. |
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83 |
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Repealed. [B.C.Reg.
350/2002, Sch. K] |
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Use of
livestock for silviculture purposes |
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84 |
(1) |
A holder
of a woodlot licence who uses livestock for site preparation
or brush control must ensure that all of the following are
complied with: |
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(a) |
all
necessary measures, including any specified by the district
manager, are taken to |
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(i) |
protect
fish, wildlife and their habitat, |
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(ii) |
minimize
conflict between livestock and animals that could prey on
livestock, |
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(iii) |
protect
irrigation and licensed domestic water supply intakes, |
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(iv) |
prevent
transmission of disease from livestock to wildlife, and |
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(v) |
maintain
the health of livestock; |
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(b) |
a
livestock corral is not constructed |
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(i) |
within a
riparian reserve zone or riparian management zone, or |
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(ii) |
on a site
that drains directly into a stream, lake or other watercourse
bearing fish or used as a potable water source; |
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(c) |
the
district manager is notified before the arrival of
livestock; |
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(d) |
all
livestock health certifications and health inspections
required by the Ministry of Agriculture and Food are carried
out. |
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(2) |
Without
limiting subsection (1), a holder of a woodlot licence must
not use livestock to carry out site preparation or brush
control within a riparian reserve zone or riparian management
zone in a community watershed. |
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85 |
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Repealed. [B.C.Reg.
350/2002, Sch. K] |
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Use of
fertilizer for silviculture purposes |
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86 |
(1) |
A holder
of a woodlot licence must ensure that fertilizer used in
silviculture treatments is stored, handled and applied in a
manner that protects forest resources. |
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(2) |
In a
community watershed, the holder of a woodlot licence who, for
silviculture purposes, broadcasts fertilizer rather than using
it for a spot treatment, must ensure that it |
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(a) |
is not
applied |
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(i) |
closer
than 100 m upslope of a water intake, or |
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(ii) |
within 10
m of a perennial stream that is observable from the air, at
the height it will be applied, unless authorized by the
district manager and the Minister of Health or a person
authorized by that minister, |
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(b) |
does not
result in |
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(i) |
nitrate
nitrogen levels in a stream measured immediately below the
area where it is applied, exceeding 10 ppm, |
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(ii) |
chlorophyll levels exceeding |
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(A) |
2
micrograms/litre in a lake, or |
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(B) |
50
milligrams/square metre in a stream, or |
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(iii) |
water
quality falling below any water quality objectives for the
community watershed that |
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(A) |
are
specified in a forest development plan, or |
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(B) |
were
established by the Ministry of Water, Land and Air Protection
and made available to the holder at least 4 months before the
application of the fertilizer. |
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Insect
behaviour modifying treatments |
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87 |
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Unless
exempted by the district manager, the holder of a woodlot
licence who uses trap trees or pheromones to concentrate
insect populations must ensure that the insect brood is
destroyed before the insects emerge. |
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88 |
(1) |
If
required by the district manager, a holder of a woodlot
licence must carry out a survey of the nature and extent
of |
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(a) |
the total
area of the cutblock that is occupied by permanent access
structures, and |
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(b) |
soil
disturbance within the net area to be reforested. |
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(2) |
If the
district manager is of the opinion that a holder of a woodlot
licence has not met a requirement under section 70 (4)
(d) of the Act or section 77 of this regulation on an
area, the district manager may, in a notice given to the
holder, require the holder to carry out a survey of the number
of healthy well spaced trees on the area. |
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(3) |
A holder
of a woodlot licence must carry out a survey for the net area
to be reforested, on or before the free growing date or within
the free growing assessment period for areas under a
silviculture prescription, identifying all of the
following: |
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(a) |
the area
for which the free growing stocking requirements have been
met; |
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(b) |
the number
of healthy, well spaced free growing trees per hectare of
preferred and acceptable species; |
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(c) |
the number
of healthy, well spaced free growing trees per hectare of the
preferred species; |
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(d) |
the total
number of countable coniferous trees per hectare for the
purpose of determining compliance with the maximum number of
coniferous trees allowed per hectare under section 79 or
81; |
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(e) |
for any
areas for which the free growing stocking requirements have
not been met, the areas that are |
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(i) |
satisfactorily stocked, or |
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(ii) |
not
satisfactorily restocked; |
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(f) |
the
inventory label and silviculture label, including species
component, age, height, density and site index. |
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(3.1) |
Despite
subsection (3), the district manager may exempt the
holder of a woodlot licence from the requirement to carry out
a free growing survey on an area if |
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(a) |
the
district manager is satisfied that a free growing stand has
been established on the area, and |
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(b) |
the holder
has provided the information referred to in
subsection (3) (a) to (d) and (f) for that area. |
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(4) |
A holder
of a woodlot licence who has carried out intermediate cuttings
must carry out a survey, between 1 and 3 years after the
completion of harvesting on the area, that identifies |
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(a) |
the
area, |
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(b) |
the
inventory label including species component, age, height,
density and site index, and |
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(c) |
the
incidence of damage by forest health factors affecting
trees. |
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(4.1) |
Despite
subsection (4), the district manager may exempt the holder of
a woodlot licence from the requirement to carry out a survey
on an area of intermediate cuttings if |
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(a) |
the area
is too small to warrant the survey, or |
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(b) |
the extent
of harvesting does not significantly change the inventory
label. |
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(5) |
Without
limiting subsections (1) to (4.1), a holder of a woodlot
licence must |
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(a) |
carry out
surveys and assessments to the satisfaction of the district
manager, |
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(b) |
redo them
if required by the district manager, |
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(c) |
keep a
record of each of those surveys or assessments, and |
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(d) |
provide a
copy of those records to the district manager when submitting
the annual report for the year in which the survey or
assessment was carried out, unless the district manager
requires the copy at a different time. |
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Free
growing declarations |
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88.1 |
(1) |
The holder
of a woodlot licence must not make a declaration under
section 162.1 of the Act that an obligation to establish
a free growing stand has been met unless the stand of
trees |
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(a) |
meets the
requirements of section 78, if the area is under a site
plan, or |
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(b) |
meets the
requirements of section 70 (4) (e) of the Act and
section 81 of this regulation, if the area is under a
silviculture prescription. |
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(2) |
For the
purposes of section 162.1 (6) of the Act, for areas under
a silviculture prescription, the stand must be within the
“free growing assessment period” as defined in section 70
(1) of the Act. |
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(3) |
Despite
section 162.1 (2) of the Act, a declaration under that
section may be signed by the holder of a woodlot licence
or a person who has authority to sign on behalf of the
holder. |
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(4) |
For the
purposes of section 162.1 (3) of the Act, the prescribed
period is 15 months. |
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(5) |
A holder
of a woodlot licence is exempt from the requirements of
section 162.1 (5) of the Act. |
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(6) |
A holder
of a woodlot licence who makes a declaration under
section 162.1 (1) of the Act in relation to an
obligation to establish a free growing stand on an area where
a brushing treatment has been carried out, remains responsible
for the obligation unless, at the time of the declaration, the
period since the brushing treatment was carried out is |
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(a) |
a minimum
of |
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(i) |
2 years
for a chemical brushing treatment, and |
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(ii) |
3 years
for a manual brushing treatment |
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in the SBS
or the BWBS, or
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(b) |
a minimum
of 2 years for any brushing treatment in biogeoclimatic zones
other than the SBS or the BWBS. |
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(7) |
The
district manager may authorize a shorter period than specified
in subsection (6) (a) or (b). |
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Waiver or
funding of free growing obligation |
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88.2 |
(1) |
To claim
the relief or funding under section 162.2 of the Act
relating to the establishment of a free growing stand, a
holder of a woodlot licence must provide to the district
manager the following information: |
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(a) |
the nature
of the relief sought and why the holder is entitled to
it; |
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(b) |
if the
relief sought is funding under section 162.2 (4) of the
Act, a proposal for the course of action and time frame for
returning the stand to the condition referred to in that
subsection, and an estimate of the extra expense involved in
carrying out the course of action. |
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(2) |
If the
district manager is satisfied that the relief of an obligation
or funding is required, then within 1 year of receiving all
the information referred to in subsection (1), the
district manager must grant the relief or provide the
funds. |
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(3) |
If the
district manager determines that |
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(a) |
the
obligation to establish a free growing stand should continue,
and |
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(b) |
either |
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(i) |
the holder
of a woodlot licence has not provided a proposed course of
action, or |
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(ii) |
the
proposed course of action is unacceptable, |
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then the
district manager must provide and fund an alternate course of
action.
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(4) |
For the
purposes of section 22.1 (1) of the Act, a silviculture
prescription for an area is without effect if, under
section 162.2 (3) (b) of the Act, the district manager
has relieved the holder of the prescription from the
obligation to establish a free growing stand on the
area. |
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