Statutes and Regulations

SCHEDULE A – Tree Farm Licences Participating in the Trial Program
	Definitions
	1		In this Schedule, "information requirements report" means the report entitled "Area-Based Allowable Annual Cut Determination Recommended Information Requirements for Tree Farm Licences", dated November 2002.
	Tree farm licence holders participating in trial program
	2		The holders of the following tree farm licences have agreed to participate in a trial program for the applicable tree farm licence area, or part of one, referred to in section 3 of this Schedule, during the applicable period:
			(a)	Repealed. [B.C. Reg. 336/2007]
			(b)	Tree Farm Licence No. 54, Maquinna Tree Farm Licence, held by International Forest Products Limited;
			(c)	Tree Farm Licence No. 57, Clayoquot Tree Farm Licence, held by Iisaak Forest Resources Ltd.
	Tree farm licence areas designated as trial management units
	3		The following tree farm licence areas, or areas within a tree farm licence area, are designated under section 2 (1) of the regulation as trial management units for a period beginning on the dates identified below and ending on the date referred to in section 7 (1) of the regulation:
			(a)	Repealed. [B.C. Reg. 336/2007]
			(b)	from November 5, 2004, all of the area covered by Tree Farm Licence No. 54;
			(c)	from November 5, 2004, all of the area covered by Tree Farm Licence No. 57.
	Repealed
	4		Repealed. [B.C. Reg. 336/2007]
	Amendments to Tree Farm Licence No. 54
	5		Tree Farm Licence No. 54 is varied as follows during the applicable period:
			(a)	paragraph 1.09 of the licence is replaced by the following paragraphs:
			1.09	Each year during the term of the Licence, the Regional Manager, Timber Sales Manager or District Manager may dispose of the following timber of the type specified in paragraph 1.03 from a type of terrain specified in paragraph 1.04, provided the timber is within areas of Schedule B Land agreed to under paragraph 1.12 or specified under paragraph 1.13:
				(a)	subject to paragraph 1.17, whichever of the following is applicable, under non-replaceable timber sales licences:
					(i)	8 991 m3 of the allowable annual cut, when the allowable annual cut is based on the volume of timber that is to be harvested;
					(ii)	timber located on an amount of land determined in accordance with the method described in the report "Area-Based Allowable Annual Cut (AAC) - Calculation of B.C. Timber Sale Area Allocation", when the allowable annual cut is based on the area from which timber is to be harvested.
				(b)	either a volume of timber or an amount of area, as applicable, not exceeding one half of one percent (0.5 %) of the portion of the allowable annual cut the Chief Forester determines is attributable to Schedule B Land, under free use permits.
			1.09.1	The Deputy Minister will ensure that, during the trial program, the Ministry of Forests and Range
				(a)	exercises the rights conferred under paragraph 1.09, and
				(b)	conducts any activities on the tree farm licence area that are associated with those rights
				in a manner that is consistent with the trial program. ;
			(b)	when, during the trial program, the allowable annual cut for the tree farm licence area is based on the amount of land from which timber is to be harvested, a reference to a volume of timber in paragraphs 1.10 (b), 1.14, 1.17, and 1.18 of the licence is considered to be a reference to an amount of land from which timber may be harvested;
			(c)	information provided by or on behalf of the licensee under paragraph 2.03 or 2.06 (b) of the licence, and timber supply analyses provided by or on behalf of the licensee under paragraph 2.21 or 2.24 (b) of the licence, must be consistent with the information requirements report, and paragraphs 2.04 and 2.22 of the licence are considered to have been amended accordingly;
			(d)	the requirement under paragraph 2.04 (c) (ii) of the licence to identify assumptions respecting growth and yield, and the requirement under paragraph 2.22 of the licence to use assumptions respecting growth and yield in a timber supply analysis, are both waived;
			(e)	paragraph 6.02 of the licence is waived to the extent that the cut control provisions of the Forest Act, as varied under the regulation, provided that the licensee's cut control requirements are to be based on the amount of land from which timber is harvested during a calendar year;
			(f)	the following paragraphs are considered to have been added to Part 6.00 of the licence:
			6.03	For the purpose of administering the cut control provisions of the Forest Act, as amended by the Tree Farm Licence Area-based Allowable Annual Cut Trial Program Regulation, the parties both acknowledge that the following information is appropriate for use in determining the amount of land from which timber is harvested:
				(a)	information that is collected under section 46 of the Timber Harvesting and Silviculture Practices Regulation included in the definition of "Code regulations" in section 177 (1) of the Forest and Range Practices Act;
				(b)	information that is collected under a provision of a regulation enacted under the Forest and Range Practices Act that replaces the reporting requirements set out in section 46 of the Timber Harvesting and Silviculture Practices Regulation;
				(c)	any other information that the parties, by mutual agreement, decide is appropriate for use in the context of the trial program.
			6.04	If the trial program begins or ends part way through a cut control period, the formulae set out in Schedule C to the Tree Farm Licence Area-based Allowable Annual Cut Trial Program Regulation will be used to determine the licensee's undercut or overcut position for the cut control period.
	Amendments to Tree Farm Licence No. 57
	6		Tree Farm Licence No. 57 is varied as follows during the applicable period:
			(a)	paragraph 1.09 of the licence is replaced by the following paragraphs:
			1.09	Each year during the term of the Licence, the Regional Manager, Timber Sales Manager or District Manager may dispose of the following timber of the type specified in paragraph 1.03 from a type of terrain specified in paragraph 1.04, provided the timber is within areas of Schedule B Land agreed to under paragraph 1.12 or specified under paragraph 1.13:
				(a)	subject to paragraph 1.17, whichever of the following is applicable, under non-replaceable timber sales licences:
					(i)	13 410 m3 of the allowable annual cut, when the allowable annual cut is based on the volume of timber that is to be harvested;
					(ii)	timber located on an amount of land determined in accordance with the following formula, when the allowable annual cut is based on the area from which timber is to be harvested:
						where
					VAAC =	the allowable annual cut, expressed in cubic metres, in effect immediately before the effective date of the AAAC1
					AAAC1 =	the first allowable annual cut, expressed in hectares, that is determined by the Chief Forester under the trial program;
				(b)	either a volume of timber or an amount of area, as applicable, not exceeding one half of one percent (0.5 %) of the portion of the allowable annual cut the Chief Forester determines is attributable to Schedule B Land, under free use permits.
			1.09.1	The Deputy Minister will ensure that, during the trial program, the Ministry of Forests and Range
				(a)	exercises the rights conferred under paragraph 1.09, and
				(b)	conducts any activities on the tree farm licence area that are associated with those rights
				in a manner that is consistent with the trial program. ;
			(b)	when, during the trial program, the allowable annual cut for the tree farm licence area is based on the amount of land from which timber is to be harvested, a reference to a volume of timber in paragraphs 1.10 (b), 1.14, 1.17 and 1.18 of the licence is considered to be a reference to an amount of land from which timber may be harvested;
			(c)	information provided by or on behalf of the licensee under paragraph 2.03 or 2.06 (b) of the licence, and timber supply analyses provided by or on behalf of the licensee under paragraph 2.21 or 2.24 (b) of the licence, must be consistent with the information requirements report, and paragraphs 2.04 and 2.22 of the licence are considered to have been amended accordingly;
			(d)	the requirement under paragraph 2.04 (c) (ii) of the licence to identify assumptions respecting growth and yield, and the requirement under paragraph 2.22 of the licence to use assumptions respecting growth and yield in a timber supply analysis, are both waived;
			(e)	paragraph 6.02 of the licence is waived to the extent that the cut control provisions of the Forest Act, as varied under the regulation, provided that the licensee's cut control requirements are to be based on the amount of land from which timber is harvested during a calendar year;
			(f)	the following paragraphs are considered to have been added to Part 6.00 of the licence:
			6.03	For the purpose of administering the cut control provisions of the Forest Act, as amended by the Tree Farm Licence Area-based Allowable Annual Cut Trial Program Regulation, the parties both acknowledge that the following information is appropriate for use in determining the amount of land from which timber is harvested:
				(a)	information that is collected under section 46 of the Timber Harvesting and Silviculture Practices Regulation included in the definition of "Code regulations" in section 177 (1) of the Forest and Range Practices Act;
				(b)	information that is collected under a provision of a regulation enacted under the Forest and Range Practices Act that replaces the reporting requirements set out in section 46 of the Timber Harvesting and Silviculture Practices Regulation;
			(c)	any other information that the parties, by mutual agreement, decide is appropriate for use in the context of the trial program.
			6.04	If the trial program begins or ends part way through a cut control period, the formulae set out in Schedule C to the Tree Farm Licence Area-based Allowable Annual Cut Trial Program Regulation will be used to determine the licensee's undercut or overcut position for the cut control period.
[ TOC | Sch. A | Sch. B | Sch. C ]

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