| Part 3 – Disposition of Timber by the Government |
| |
| Division 1 – Forms of Rights to Crown Timber |
| |
| |
| |
Rights to Crown timber |
| |
11 |
|
Subject to the Land Act and the Park Act, rights to harvest Crown timber must not be granted by or on behalf of the government except in accordance with this Act and the regulations. |
| |
| |
| |
Form of agreements |
| |
12 |
(1) |
A district manager, a regional manager or the minister may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a |
| |
|
|
(a) |
forest licence, |
| |
|
|
(b) |
Repealed. [2004-36-4] |
| |
|
|
(c) |
timber licence, |
| |
|
|
(d) |
tree farm licence, |
| |
|
|
(e) |
community forest agreement, |
| |
|
|
(f) |
community salvage licence, |
| |
|
|
(g) |
woodlot licence, |
| |
|
|
(h) |
licence to cut, |
| |
|
|
(i) |
free use permit, |
| |
|
|
(j) |
Christmas tree permit, or |
| |
|
|
(k) |
road permit. |
| |
| |
|
(2) |
A timber sales manager may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a |
| |
|
|
(a) |
timber sale licence, |
| |
|
|
(b) |
forestry licence to cut, or |
| |
|
|
(c) |
road permit. |
| |
| |
| Division 2 – Forest Licences |
| |
| |
| |
Applications |
| |
13 |
(1) |
In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that |
| |
|
|
(a) |
is made by an applicant |
| |
|
|
|
(i) |
who has tendered as required under subsection (2) (b), |
| |
|
|
|
(ii) |
whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (3) (c), and |
 |
|
|
|
(iii) |
who is in a category of applicants established by regulation, if the application is for a non-replaceable forest licence and the minister has specified that applications for those licences must only be accepted from one or more categories of applicants established by regulation as set out in subsection (2.1), |
| |
|
|
(b) |
conforms to subsection (3), and |
| |
|
|
(c) |
is not rejected under section 81 (3) or refused under section 81 (5). |
| |
| |
|
(2) |
On request or on the minister's own initiative and by advertising in the prescribed manner, the minister or a person authorized by the minister |
| |
|
|
(a) |
may invite applications for a forest licence, and |
| |
|
|
(b) |
in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer. |
| |
| |
|
(2.1) |
The minister may specify that applications for a non-replaceable forest licence must only be invited, under subsection (2), from one or more categories of applicants as established by regulation. |
| |
| |
|
(3) |
An application for a forest licence must |
| |
|
|
(a) |
be in the form required by the minister or a person authorized by the minister, |
| |
|
|
(b) |
include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act, |
| |
|
|
|
(i) |
stumpage under Part 7, |
| |
|
|
|
(ii) |
waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at the licensee's discretion, was not cut and removed, and |
| |
|
|
|
(iii) |
either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered, and |
| |
|
|
(c) |
include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to |
| |
|
|
|
(i) |
carry out timber harvesting operations under the licence, or |
| |
|
|
|
(ii) |
perform specified obligations |
| |
|
|
|
|
(A) |
under the licence, or |
| |
|
|
|
|
(B) |
in respect of the licence or its holder, under this Act or another enactment. |
| |
| |
|
(4) |
On receipt of applications and tenders in response to an invitation advertised under subsection (2), the minister or a person authorized by the minister |
| |
|
|
(a) |
may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or |
| |
|
|
(b) |
may decline to approve any of the eligible applications. |
| |
| |
|
(5) |
If the applicant referred to in subsection (4) does not enter into a forest licence as required under subsection (6), the minister or a person authorized by the minister |
| |
|
|
(a) |
may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or |
| |
|
|
(b) |
may decline to approve any of the eligible applications. |
| |
| |
|
(6) |
If an eligible application is approved under this section, the regional manager and the applicant whose application is approved must enter into a forest licence. |
| |
| |
| |
Direct award of forest licence to produce bioenergy |
| |
13.1 |
(1) |
In this section and in sections 13.2 and 47.6: |
| |
"bioenergy" means energy derived from Crown timber; |
| |
"bioenergy supply contract" means an energy supply contract as defined in section 68 of the Utilities Commission Act |
| |
(a) |
under which bioenergy is sold to the British Columbia Hydro and Power Authority, and |
| |
(b) |
that is designated by the minister under section 13.2 (a) as a bioenergy supply contract; |
| |
"commercial operation date" means the date determined under a bioenergy supply contract as the commercial operation date; |
| |
"eligible bioenergy application" means an application for a non-replaceable forest licence under this section that |
| |
(a) |
is made by an applicant |
| |
(i) |
who is the seller of bioenergy under a bioenergy supply contract, and |
| |
(ii) |
whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (2) (c), |
| |
(b) |
conforms to subsection (2), and |
| |
(c) |
is not rejected under section 81 (3) or refused under section 81 (5). |
| |
| |
|
(2) |
An application for a non-replaceable forest licence under this section must |
| |
(a) |
be in the form required by the minister or a person authorized by the minister, |
| |
(b) |
specify an allowable annual cut for the forest licence that is considered by the minister to be consistent with the maximum allowable annual cut for a timber supply area specified by the minister under section 13.2 (b), and |
| |
(c) |
include any information that the minister or a person authorized by the minister may require about the applicant's qualifications to |
| |
(i) |
carry out timber harvesting operations under the licence, or |
| |
(ii) |
perform specified obligations |
| |
(A) |
under the licence, or |
| |
(B) |
in respect of the licence or its holder, under this Act or another enactment. |
| |
| |
|
(3) |
On receipt of an eligible bioenergy application, the minister or a person authorized by the minister must approve the application. |
| |
| |
|
(4) |
The approval of an eligible bioenergy application under subsection (3) is revoked |
| |
(a) |
if the British Columbia Hydro and Power Authority or the applicant terminates the bioenergy supply contract before the commercial operation date, or |
| |
(b) |
if |
| |
(i) |
an approved eligible bioenergy application is rejected under section 81 (3) or refused under section 81 (5), and |
| |
(ii) |
the applicant has not brought the application into compliance with section 81 (3) or (5), as applicable, within 90 days following the commercial operation date. |
| |
| |
|
(5) |
The regional manager and the applicant of an approved eligible bioenergy application must enter into a non-replaceable forest licence on or after the commercial operation date if, on the commercial operation date, the application |
| |
(a) |
is not rejected under section 81 (3) or refused under section 81 (5), or |
| |
(b) |
is rejected under section 81 (3) or refused under section 81 (5) but is brought into compliance with section 81 (3) or (5), as applicable, within 90 days following the commercial operation date. |
| |
| |
|
(6) |
If the applicant refuses to enter into a forest licence under subsection (5) |
| |
(a) |
the approval of the eligible bioenergy application under subsection (3) is revoked, and |
| |
(b) |
the minister or a person authorized by the minister may increase the allowable annual cut specified in an existing forest licence entered into under this section by the volume of the allowable annual cut that was to be specified in the forest licence the applicant refused to enter into under subsection (5). |
| |
| |
|
(7) |
In addition to setting out the matters described in section 14, a forest licence entered into under subsection (5) |
| |
(a) |
must provide that timber harvested under the licence is restricted to a type of timber or terrain, or portion of a timber supply area, and |
| |
(b) |
may include other terms and conditions that the minister considers are necessary or desirable in relation to the bioenergy supply contract. |
| |
| |
| |
Designation of bioenergy supply contracts
and specification of allowable annual cut |
| |
13.2 |
|
For the purposes of section 13.1, the minister may |
| |
(a) |
designate an energy supply contract as a bioenergy supply contract, and |
| |
(b) |
specify the maximum allowable annual cut in a timber supply area that may be subject to one or more bioenergy supply contracts. |
| |
| |
| |
Content of forest licence |
| |
14 |
|
A forest licence |
| |
|
|
(a) |
must be for a term not exceeding 20 years, subject to sections 15, 16 and 58, |
| |
|
|
(b) |
must specify a timber supply area or tree farm licence area in which the holder of the licence may harvest Crown timber, |
| |
|
|
(c) |
must specify an allowable annual cut that may be harvested under the licence, subject to sections 15 and 16, |
| |
|
|
(c.1) |
if it provides that a replacement for it must not be offered, must specify the maximum volume of timber that may be harvested under the licence, |
| |
|
|
(d) |
must require its holder to pay to the government, in addition to other amounts payable under this Act, |
| |
|
|
|
(i) |
stumpage under Part 7, |
| |
|
|
|
(ii) |
waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at its holder's discretion, is not cut and removed, and |
| |
|
|
|
(iii) |
a bonus bid or bonus offer, whichever is required under section 13, in the amount tendered under that section, |
| |
|
|
(e) |
must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area or tree farm licence area specified in the forest licence, |
| |
|
|
(f) |
Repealed. [2003-30-2 (B.C. Reg. 401/2003)] |
| |
|
|
(g) |
may make provision for timber to be harvested by persons under contract with its holder, |
| |
|
|
(g.1) |
if the licence provides that it is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and |
| |
|
|
(h) |
may include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, determined by the regional manager. |
| |
| |
| |
Mountain pine beetle salvage area |
|
14.1 |
(1) |
The Lieutenant Governor in Council, by regulation, may |
| |
|
|
(a) |
designate Crown land infested by mountain pine beetles as a mountain pine beetle salvage area for a prescribed period, and |
| |
|
|
(b) |
repeal or amend a regulation under paragraph (a). |
| |
| |
|
(2) |
A forest licence that includes all or part of a mountain pine beetle salvage area, in addition to setting out the matters described in section 14, may |
| |
|
|
(a) |
require any type of security, including but not limited to money, to be provided and maintained by the holder of the forest licence to ensure |
| |
|
|
|
(i) |
within a specified period or according to a required schedule of construction, or both, the construction or expansion of a timber processing facility that conforms to specified requirements, and |
| |
|
|
|
(ii) |
the reforestation of areas described in the licence by reference to one or more of geographic location, type of timber and type of terrain, |
| |
|
|
|
|
(A) |
at a rate of reforestation, and |
| |
|
|
|
|
(B) |
over a period |
| |
|
|
|
|
specified in the licence, |
| |
|
|
(b) |
specify one or more of the following: |
| |
|
|
|
(i) |
the type of security that is acceptable or unacceptable; |
| |
|
|
|
(ii) |
the form and content of the security; |
| |
|
|
|
(iii) |
the circumstances under which the security may be realized; |
| |
|
|
|
(iv) |
respecting the distribution of the realized security, |
| |
|
|
(c) |
provide that its holder may not harvest under the licence until the timber processing facility has been substantially completed to the satisfaction of the minister, |
| |
|
|
(d) |
require timber harvesting under the licence to be restricted to only a portion of a timber supply area, and |
| |
|
|
(e) |
include other terms and conditions that the minister considers are necessary or desirable in relation to mountain pine beetle infestation in the mountain pine beetle salvage area. |
| |
| |
|
(3) |
If a forest licence referred to in subsection (2) |
| |
|
|
(a) |
requires security to be provided and maintained, as described in paragraph (a) of that subsection, and |
| |
|
|
(b) |
the holder of the licence has provided the security, |
| |
|
|
the minister by notice served on the holder may cancel the licence in the circumstances specified under paragraph (b) (iii) of that subsection. |
| |
| |
| |
Replacement |
| |
15 |
(1) |
In this section, "forest licence" means a forest licence other than one that provides that a replacement for it must not be offered. |
| |
| |
|
(1.1) |
During the period beginning 6 months after the fourth anniversary of a forest licence and ending on the ninth anniversary, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least 2 months' notice of intent to offer the replacement. |
| |
| |
|
(1.2) |
During the 6 months beginning on the ninth anniversary of a forest licence for which a replacement has not by then been offered under subsection (1.1), the minister or a person authorized by the minister must offer the holder of the forest licence a replacement for it. |
| |
| |
|
(2) |
Despite subsection (1.2), if the minister or a person authorized by the minister determines that |
| |
|
|
(a) |
rights under the existing forest licence are under suspension, or |
| |
|
|
(b) |
the holder of the existing forest licence has failed to |
| |
|
|
|
(i) |
pay stumpage or other money payable in respect of timber harvested under the forest licence or a road permit associated with the forest licence, |
| |
|
|
|
(ii) |
provide security or a deposit required under this Act or the Forest and Range Practices Act in respect of the forest licence or a road permit associated with the forest licence, |
| |
|
|
|
(iii) |
perform an obligation under the forest licence to be performed by the holder in respect of an area of land specified in |
| |
|
|
|
|
(A) |
a cutting permit previously issued under the forest licence, or |
| |
|
|
|
|
(B) |
a road permit associated with the forest licence, or |
| |
|
|
|
(iv) |
comply with a requirement under this Act, the Forest and Range Practices Act or the Wildfire Ac in respect of an area of land referred to in subparagraph (iii), |
| |
|
|
the regional manager, to the extent provided in the regulations, |
| |
|
|
(c) |
may decline to offer a replacement for the existing forest licence until |
| |
|
|
|
(i) |
the suspension is rescinded, |
| |
|
|
|
(ii) |
the suspended rights are reinstated, or |
| |
|
|
|
(iii) |
the holder of the existing forest licence |
| |
|
|
|
|
(A) |
pays the stumpage or other money payable, |
| |
|
|
|
|
(B) |
provides the required security or deposit, |
| |
|
|
|
|
(C) |
performs the obligation to be performed under the existing forest licence in respect of land referred to in paragraph (b) (iii), or |
| |
|
|
|
|
(D) |
complies with the requirement under this Act, the Forest and Range Practices Act or the Wildfire Ac in respect of land referred to in paragraph (b) (iii), and |
| |
|
|
(d) |
may offer a replacement with special conditions. |
| |
| |
|
(3) |
A forest licence offered under this section must |
| |
|
|
(a) |
have a term beginning |
| |
|
|
|
(i) |
if the forest licence is replaced under subsection (1.1), on the earlier of |
| |
|
|
|
|
(A) |
the next anniversary of the existing forest licence being replaced under the offer, and |
| |
|
|
|
|
(B) |
the immediate past anniversary of the existing forest licence being replaced under the offer, if the minister or a person authorized by the minister and the holder of the forest licence agree in writing, |
| |
|
|
|
(i.1) |
if the forest licence is replaced under subsection (1.2), on the tenth anniversary of the existing forest licence being replaced under the offer, or |
| |
|
|
|
(ii) |
if the minister or a person authorized by the minister exercises the power conferred under subsection (2) (c), on a date to be determined by the minister or a person authorized by the minister, |
| |
|
|
(b) |
be for a term equal to |
| |
|
|
|
(i) |
15 years, or |
| |
|
|
|
(ii) |
if the minister or a person authorized by the minister exercises the power conferred under subsection (2) (c), a period, not exceeding the period referred to in subparagraph (i), to be determined by the minister or a person authorized by the minister, |
| |
|
|
(c) |
specify the timber supply area specified in the existing forest licence, |
| |
|
|
(d) |
subject to takings, reductions and deletions authorized or required under this Act, specify an allowable annual cut that may be harvested under it equal to the allowable annual cut under the existing forest licence, and |
| |
|
|
(e) |
include other terms and conditions, consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, set out in the offer. |
| |
| |
|
(4) |
A notice of intent to offer a replacement referred to in subsection (1.1) and an offer of replacement made under subsection (1.2) must be published in the prescribed manner. |
| |
| |
|
(5) |
An offer made under this section may be |
| |
|
|
(a) |
amended, and |
| |
|
|
(b) |
accepted by written notice of acceptance served on the regional manager not later than 3 months after the offer is served. |
| |
| |
|
(6) |
If an offer made under this section is accepted |
| |
|
|
(a) |
an agreement in the form of a forest licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager and the holder of the forest licence, and |
| |
|
|
(b) |
the forest licence then in force expires on the commencement of the replacement licence. |
| |
| |
|
(7) |
If an offer made under this section is not accepted, the existing forest licence continues in force until its term expires, after which it has no further effect. |
| |
| |
|
(8) |
No forest licence is renewable. |
| |
| |
| |
Transition for forest licence replacement |
| |
15.1 |
(1) |
If an offer of a replacement for a forest licence |
| |
|
|
(a) |
was required to be made under section 15 within the 18 month period immediately preceding the date on which this section comes into force, and |
| |
|
|
(b) |
was not made within the 18 month period, |
| |
|
|
the offer of replacement, when made, must conform to section 15 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003. |
| |
| |
|
(2) |
If an offer of a replacement for a forest licence |
| |
|
|
(a) |
was required to be made under section 15 within the 18 month period immediately preceding the date on which this section comes into force, and |
| |
|
|
(b) |
was made within this 18 month period, |
| |
|
|
the offer may be withdrawn if the person to whom the offer was made consents to the withdrawal of the offer. |
| |
| |
|
(3) |
If an offer is withdrawn under subsection (2), the minister or person authorized by the minister must offer a replacement for the forest licence, and the offer must conform to section 15 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003. |
| |
| |
| |
Surrender of tree farm licence |
| |
16 |
(1) |
The holder of one or more tree farm licences or of any number of both tree farm licences and forest licences may apply to the minister to surrender all or part of them for replacement under |
| |
|
|
(a) |
subsection (2), by one or more forest licences, or |
| |
|
|
(b) |
subsections (2) and (3), by a combination of one or more tree farm licences and one or more forest licences. |
| |
| |
|
(2) |
If the minister has approved an application under subsection (1), the regional manager, in respect of the surrendered licences or surrendered portions of them, must enter with their holder into one or more forest licences |
| |
|
|
(a) |
for a term of 15 years, |
| |
|
|
(b) |
that specify one or more timber supply areas within which the holder may harvest Crown timber, and |
| |
|
|
(c) |
that, in total, specify an allowable annual cut equal to the total, or a lesser portion of the total that the regional manager and the holder agree on, of |
| |
|
|
|
(i) |
the allowable annual cuts specified in the surrendered forest licences, plus increases and minus decreases, if any, in the allowable annual cuts made by the government since they were entered into, and |
| |
|
|
|
(ii) |
the portion of the allowable annual cuts available to the tree farm licence holder at the time of the surrender that the chief forester determines is attributable to the Crown land in the portions of the tree farm licences that are surrendered and on which the timber is not otherwise encumbered. |
| |
| |
|
(3) |
If part of a tree farm licence is surrendered under subsection (1), the minister, in respect of the portion that is not surrendered, must enter with the holder into a new tree farm licence. |
| |
| |
|
(4) |
The minister must not enter into a new tree farm licence under subsection (3) until the chief forester approves a management plan for the proposed tree farm licence. |
| |
| |
|
(5) |
A notice of the surrender and proposed replacement under subsection (1) must be published in the prescribed manner. |
| |
| |
|
(6) |
Repealed. [2004-36-6] |
| |
| |
| |
Repealed |
| |
17 |
|
Repealed. [2003-31-9 (B.C. Reg. 403/2003)] |
| |
| |
| |
Transfer to other timber supply area |
|
18 |
|
With the approval of the minister and the consent of the holder of a forest licence, all or part of the cutting rights authorized under the forest licence may be transferred from one timber supply area to another for a term specified by the minister. |
| |
| |
| |
Consolidation and subdivision of forest licences |
| |
19 |
(1) |
In this section, "minister" includes a person authorized by the minister. |
| |
| |
|
(2) |
Subject to this section, the minister, by one or more of the methods set out in subsection (5), may |
| |
|
|
(a) |
replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or |
| |
|
|
(b) |
amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area, |
| |
|
|
if the minister first receives the consent of the holder of the licences or licence. |
| |
| |
|
(3) |
Subject to this section, the minister, by a method or combination of methods under subsection (5), must |
| |
|
|
(a) |
replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or |
| |
|
|
(b) |
amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area, |
| |
|
|
if the holder requests the replacement or amendment by written request delivered to the minister. |
| |
| |
|
(4) |
The minister may refuse to replace or amend, under subsection (3), one or more forest licences if the minister considers that the replacement or amendment would compromise forest management. |
| |
| |
|
(5) |
For the purposes of subsections (2) and (3), the methods are as follows: |
| |
|
|
(a) |
reducing the allowable annual cut specified in a forest licence and increasing the allowable annual cut for one or more other forest licences by a volume equal to the reduction; |
| |
|
|
(b) |
amending or cancelling a forest licence; |
| |
|
|
(c) |
entering into one or more forest licences. |
| |
| |
|
(6) |
In making a replacement or amendment referred to in subsection (2) or (3), the minister must ensure that the total of the allowable annual cuts, after the replacements, amendments or both, of all of the forest licences involved remains the same as it was before any replacements or amendments under this section. |
| |
| |
|
(7) |
A forest licence as defined |
| |
|
|
(a) |
in paragraph (a) of the definition of "licence" in section 75.4 (1), or |
| |
|
|
(b) |
in section 75.5 |
| |
|
|
may not be replaced under subsection (2) or (3) except with a forest licence that is also a forest licence as defined |
| |
|
|
(c) |
in paragraph (a) of the definition of "licence" in section 75.4 (1), or |
| |
|
|
(d) |
in section 75.5. |
| |
| |
|
(8) |
A replaceable forest licence may not be replaced under subsection (2) or (3) except with a forest licence that is also replaceable. |
| |
| |
|
(9) |
A forest licence that provides that a replacement for the forest licence must not be offered may not be replaced under subsection (2) or (3) except with a forest licence that also provides that a replacement for it must not be offered. |
| |
| |
|
(10) |
Despite section 14 (a), a forest licence that is amended or entered into under this section must not expire later than the earliest expiry date of the forest licence it replaces or amends. |
| |
| |
| Division 3 – Timber Sale Licences |
| |
| |
| |
Applications |
| |
20 |
(1) |
In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that |
| |
|
|
(a) |
is made by an applicant who has tendered as required under subsection (2) (b), |
| |
|
|
(b) |
conforms to subsection (3), and |
| |
|
|
(c) |
is not rejected under section 81 (3) or refused under section 81 (5). |
| |
| |
|
(2) |
On request or on his or her own initiative and by advertising in the prescribed manner, the timber sales manager |
| |
|
|
(a) |
may invite applications for a timber sale licence, and |
| |
|
|
(b) |
in doing so, |
| |
|
|
|
(i) |
may specify that applications for the timber sale licence are to be accepted only from one or more categories of BC timber sales enterprises as established by regulation, and |
| |
|
|
|
(ii) |
must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer. |
| |
| |
|
(3) |
An application for a timber sale licence must |
| |
|
|
(a) |
be in the form required by the timber sales manager, and |
| |
|
|
(b) |
include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act, |
| |
|
|
|
(i) |
stumpage under Part 7, |
| |
|
|
|
(ii) |
if the timber sale licence will describe one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at the licensee's discretion, is not cut and removed, and |
| |
|
|
|
(iii) |
either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered. |
| |
| |
|
(4) |
On receipt of applications and tenders in response to an invitation advertised under subsection (2), the timber sales manager |
| |
|
|
(a) |
must approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or |
| |
|
|
(b) |
at the direction of the minister, must decline to approve any of the eligible applications. |
| |
| |
|
(5) |
If the applicant referred to in subsection (4) does not enter into a timber sale licence as required under subsection (6), timber sales manager |
| |
|
|
(a) |
may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or |
| |
|
|
(b) |
may decline to approve any of the eligible applications. |
| |
| |
|
(6) |
If an eligible application is approved under this section, timber sales manager and the applicant whose application is approved must enter into a timber sale licence. |
| |
| |
| |
Repealed |
| |
21 |
|
Repealed. [SBC2003-31-12] |
| |
| |
| |
Content of timber sale licence |
| |
22 |
|
A timber sale licence |
| |
|
|
(a) |
must be for a term not exceeding 4 years, |
| |
|
|
(b) |
must describe |
| |
|
|
|
(i) |
one or more areas of land within which its holder may harvest Crown timber, or |
| |
|
|
|
(ii) |
the location of logs that are being sold, |
| |
|
|
(c) |
may specify a volume or an estimate of the volume of timber that may be harvested from an area of land described in the timber sale licence, |
| |
|
|
(d) |
Repealed. [2004-36-9] |
| |
|
|
(e) |
may include provisions specifying one or more standard making bodies and requiring the holder of the licence to conduct its operations under the licence in accordance with principles, standards and criteria established by the standard making body or bodies, |
| |
|
|
(f) |
must require its holder to pay to the government, in addition to other amounts payable under this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts, |
| |
|
|
|
(i) |
stumpage under Part 7, |
| |
|
|
|
(ii) |
if the timber sale licence describes one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at its holder's discretion, is not cut and removed, and |
| |
|
|
|
(iii) |
a bonus bid or bonus offer, whichever is required under section 20, in the amount tendered under that section, and |
| |
|
|
(g) |
may include other terms and conditions, consistent with this Act and the regulations, determined by the timber sales manager. |
| |
| |
| |
Repealed |
| |
23 |
|
Repealed. [2003-31-14 (part) (B.C. Reg. 403/2003)] |
| |
| |
| |
Repealed |
| |
24 |
|
Repealed. [2003-31-14 (part) (B.C. Reg. 402/2003)] |
| |
| |
| Division 3.1 – Conversion of Timber Sale Licences |
| |
| |
| |
Interpretation |
| |
24.1 |
|
In this Division, "pre-existing licence" means a timber sale licence that |
| |
|
|
(a) |
was entered into under section 24 of this Act before that section's repeal by the Forest (Revitalization) Amendment Act (No. 2), 2003, and |
| |
|
|
(b) |
is still in effect immediately before that repeal. |
| |
| |
| |
Conversion of timber sale licence to forest licence |
| |
24.2 |
|
On the coming into force of this section, a pre-existing licence that has an allowable annual cut greater than 10 000 m3 is converted into a replaceable forest licence that |
| |
|
|
(a) |
is held by the same person who was the holder of the pre-existing licence, |
| |
|
|
(b) |
has a term of 15 years beginning on the date this section comes into force, |
| |
|
|
(c) |
specifies the same timber supply area as did the pre-existing licence, and |
| |
|
|
(d) |
includes other terms and conditions that are substantially the same as in the pre-existing licence. |
| |
| |
| |
Addition of timber sale licence allowable annual cut to forest licence |
| |
24.3 |
(1) |
In this section, "replaceable forest licence" includes one resulting from the conversion under section 24.2 of a pre-existing licence. |
| |
| |
|
(2) |
If, on the coming into force of this section, a person |
| |
|
|
(a) |
holds any replaceable forest licence and one or more pre-existing licences, and |
| |
|
|
(b) |
the pre-existing licence or each of them, if more than one, has an allowable annual cut of 10 000 m3 or less and authorizes harvesting within the same timber supply area specified in the replaceable forest licence, |
| |
|
|
the replaceable forest licence is amended, effective on the date this section comes into force, by increasing its allowable annual cut by an amount equal to |
| |
|
|
(c) |
the allowable annual cut of the pre-existing licence described in paragraph (b), if the person holds only one such pre-existing licence, or |
| |
|
|
(d) |
the total of the allowable annual cuts of the pre-existing licences described in paragraph (b), if the person holds more than one such pre-existing licence. |
| |
| |
|
(3) |
A pre-existing licence to which subsection (2) applies is deemed to have been surrendered on the coming into force of this section. |
| |
| |
| |
Addition of timber sale licence allowable annual cut to forest licence on application |
| |
24.4 |
(1) |
In this section, "forest licence" includes one resulting from the conversion under section 24.2 of a pre-existing licence. |
| |
| |
|
(2) |
If, after the coming into force of this section, a person |
| |
|
|
(a) |
holds any non-replaceable forest licence and one or more pre-existing licences, |
| |
|
|
(b) |
does not hold any replaceable forest licence in the timber supply area specified in the non-replaceable forest licence, and |
| |
|
|
(c) |
the pre-existing licence or each of them, if more than one, authorize harvesting within the same timber supply area specified in the non-replaceable forest licence, |
| |
|
|
the non-replaceable forest licence, on application by its holder within one year after the coming into force of this section, must be amended by the regional manager by increasing its allowable annual cut by an amount equal to |
| |
|
|
(d) |
the allowable annual cut of the pre-existing licence referred to in paragraph (c), if the person holds only one such pre-existing licence, or |
| |
|
|
(e) |
the total of the allowable annual cuts of the pre-existing licences referred to in paragraph (c), if the person holds more than one such pre-existing licence. |
| |
| |
|
(3) |
If, after the coming into force of this section, a person |
| |
|
|
(a) |
holds a forest licence and one or more pre-existing licences, |
| |
|
|
(b) |
the pre-existing licence or each of them, if more than one, authorizes harvesting within a different timber supply area than the one specified in forest licence, and |
| |
|
|
(c) |
the regional manager determines that there is sufficient timber available in the timber supply area specified in the forest licence, |
| |
|
|
the forest licence, on application by its holder within one year after the coming into force of this section, must be amended by the regional manager by increasing its allowable annual cut by an amount equal to |
| |
|
|
(d) |
the allowable annual cut of the pre-existing licence described in paragraph (b), if the person holds only one such pre-existing licence, or |
| |
|
|
(e) |
the total of the allowable annual cuts of the pre-existing licences described in paragraph (b), if the person holds more than one such pre-existing licence. |
| |
| |
|
(4) |
A pre-existing licence to which subsection (2) or (3) applies is deemed to have been surrendered on the date of the allowable annual cut increase under subsection (2) or (3). |
| |
| |
| |
Addition of timber sale licence to woodlot licence |
| |
24.5 |
(1) |
If, after the coming into force of this section, |
| |
|
|
(a) |
a person holds |
| |
|
|
|
(i) |
one or more pre-existing licences, and |
| |
|
|
|
(ii) |
a woodlot licence, and |
| |
|
|
(b) |
the regional manager or district manager determines that there is available Crown land that can reasonably be included in the woodlot licence area, |
| |
|
|
the woodlot licence, on application by its holder within one year after the coming into force of this section, must be amended by the regional manager or district manager by adding to its area a part of the available Crown land referred to in paragraph (b) that is sufficient to increase the allowable annual cut of the woodlot licence by an amount that is equal to at least 80% but not more than 120% of |
| |
|
|
(c) |
the allowable annual cut of the pre-existing licence referred to in paragraph (a), if the person holds only one such pre-existing licence, or |
| |
|
|
(d) |
the total of the allowable annual cuts of the pre-existing licences referred to in paragraph (a), if the person holds more than one such pre-existing licence. |
| |
| |
|
(2) |
A pre-existing licence to which subsection (1) applies is deemed to have been surrendered on the date of the allowable annual cut increase under subsection (1). |
| |
| |
|
(3) |
Section 45 (1) (b) (ii) does not apply to a woodlot licence amended under subsection (1) of this section. |
| |
| |
| |
Surrender of timber sale licence for forest licence |
| |
24.6 |
(1) |
In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any, that pertain to the same timber supply area. |
| |
| |
|
(2) |
If, after the coming into force of this section, a person |
| |
|
|
(a) |
holds a pre-existing licence that has an allowable annual cut of 2 000 m3 or more, and |
| |
|
|
(b) |
the regional manager receives an application from the holder within one year after this section comes into force to surrender the pre-existing licence for a replaceable forest licence, |
| |
|
|
the regional manager, subject to subsection (3), must enter into a replaceable forest licence with the holder of the pre-existing licence, which replaceable forest licence |
| |
|
|
(c) |
is held by the same person who was the holder of the pre-existing licence, |
| |
|
|
(d) |
has a term of 15 years beginning on the date the application is received by the regional manager, |
| |
|
|
(e) |
specifies the same timber supply area as did the pre-existing licence, |
| |
|
|
(f) |
specifies an allowable annual cut that is the same as the allowable annual cut of the pre-existing licence, and |
| |
|
|
(g) |
includes other terms and conditions that are substantially the same as in the pre-existing licence. |
| |
| |
|
(3) |
The regional manager must not enter into a forest licence under this section until the holder of the pre-existing licence surrenders the pre-existing licence. |
| |
| |
| |
Surrender of timber sale licence for woodlot licence |
| |
24.7 |
(1) |
In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any. |
| |
| |
|
(2) |
Subject to subsection (3), if after the coming into force of this section, |
| |
|
|
(a) |
a person holds a pre-existing licence that has an allowable annual cut of at least 800 m3 but not more than 2 500 m3, and |
| |
|
|
(b) |
the regional manager or district manager determines that there is available Crown land that can reasonably be included in any woodlot licence area, |
| |
|
|
on application by its holder received by the regional manager or district manager within one year after the coming into force of this section, the regional manager or district manager must enter into a woodlot licence with the holder of the pre-existing licence, which woodlot licence |
| |
|
|
(c) |
has a term not exceeding 20 years, |
| |
|
|
(d) |
describes a woodlot licence area comprised of all or part of the available Crown land referred to in paragraph (b) that is sufficient to support an allowable annual cut for the woodlot licence that is equal to at least 80% but not more than 120% of the allowable annual cut of the pre-existing licence, |
| |
|
|
(e) |
specifies an allowable annual cut within the range described in paragraph (d), and |
| |
|
|
(f) |
includes other terms and conditions, consistent with this Act and the regulations, determined by the regional manager or district manager. |
| |
|
|
(3) |
The regional manager or district manager must not enter into a woodlot licence under this section unless |
| |
|
|
(a) |
the holder of the pre-existing licence meets the criteria specified in section 44 (5) and (6) (b) and either section 44 (6) (a) or 46.1, as applicable, |
| |
|
|
(b) |
the regional manager or district manager is satisfied that the holder of the pre-existing licence is qualified to manage the proposed woodlot licence area, |
| |
|
|
(c) |
a management plan has been prepared by the holder of the pre-existing licence for the proposed woodlot licence area and approved by the regional manager or district manager or the designate of the regional manager or district manager, and |
| |
|
|
(d) |
the holder surrenders the pre-existing licence. |
| |
| |
|
(4) |
Section 45 (1) (b) (ii) does not apply to a woodlot licence entered into under this section. |
| |
| |
| |
Surrender of timber sale licence for forestry licence to cut |
| |
24.8 |
(1) |
In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any. |
| |
| |
|
(2) |
If, after the coming into force of this section, a person |
| |
|
|
(a) |
holds a pre-existing licence, and |
| |
|
|
(b) |
the regional manager receives an application from the holder within one year after this section comes into force to surrender the pre-existing licence for a forestry licence to cut, |
| |
|
|
the regional manager must enter into a forestry licence to cut with the holder of the pre-existing licence, which forestry licence to cut |
| |
|
|
(c) |
is held by the same person who was the holder of the pre-existing licence, |
|
|
|
(d) |
has a term of 5 years beginning on the date the forestry licence to cut is entered into, |
| |
|
|
(e) |
specifies a volume of timber that |
| |
|
|
|
(i) |
may be harvested from the area of land described in the forestry licence to cut that is in the same timber supply area to which the pre-existing licence pertains, and |
| |
|
|
|
(ii) |
is equal to a volume of timber that is the sum of the allowable annual cuts of the pre-existing licence for the period ending December 31, 2021, and |
| |
|
|
(f) |
includes other terms and conditions that are substantially the same as in the pre-existing licence. |
| |
| |
|
(3) |
The regional manager must not enter into forestry licence to cut under this section until the holder of the pre-existing licence surrenders the pre-existing licence. |
| |
| |
| |
Conversion of timber sale licence to forestry licence to cut |
| |
24.9 |
(1) |
In this section, "pre-existing licence" means a pre-existing licence to which sections 24.2 to 24.8 do not apply and, in relation to the holder of it, includes that holder's other pre-existing licences, if any, in the same timber supply area. |
| |
| |
|
(2) |
One year after the coming into force of this section, a pre-existing licence is converted into a forestry licence to cut that |
| |
|
|
(a) |
has a term of equal to the unexpired portion of the term of the pre-existing licence, |
| |
|
|
(b) |
describes an area of land within which its holder may harvest timber that is the same timber supply area to which the pre-existing licence pertains, |
| |
|
|
(c) |
specifies a volume of timber that may be harvested under the forestry licence to cut that is equal to a volume of timber that is the sum of the allowable annual cuts of the pre-existing licence for the unexpired portion of its term, and |
| |
|
|
(d) |
includes other terms and conditions that are substantially the same as in the pre-existing licence. |
| |
| |
|
(3) |
A pre-existing licence to which subsection (2) applies is deemed to have been surrendered on the date it is converted into a forestry licence to cut. |
| |
| |
| |
No compensation |
| |
24.91 |
|
Compensation is not payable by the government and proceedings must not be commenced or maintained to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of |
| |
|
|
(a) |
the enactment of this Division, or |
| |
|
|
(b) |
obligations, including silviculture and other forest management obligations imposed under the Forest Practices Code of British Columbia Act or the Forest and Range Practices Act, that apply to an agreement resulting from or entered into under this section. |
| |
| |
| Division 4 – Forest Licence Area Restriction |
| |
| |
| |
Permanent transfer to adjacent timber supply area |
| |
25 |
(1) |
Subject to subsection (2), the minister may |
| |
|
|
(a) |
direct that the right to harvest timber under a forest licence be transferred from one timber supply area to an adjacent timber supply area specified by the minister, and |
| |
|
|
(b) |
amend the forest licence to give effect to the direction. |
| |
| |
|
(2) |
The minister must not give a direction under subsection (1) transferring the right to harvest timber under a forest licence from one timber supply area to an adjacent timber supply area, unless |
| |
|
|
(a) |
the boundaries between the timber supply area specified in the forest licence and the adjacent timber supply area have been changed under this Act, |
| |
|
|
(b) |
the minister is satisfied that the change in boundaries increased the area of the adjacent timber supply area to a size sufficient to support the transferred right to harvest timber, and |
| |
|
|
(c) |
the holder of the forest licence consents. |
| |
| |
| |
Minister may impose area restrictions |
| |
26 |
(1) |
In this section, "original licence" means a forest licence that is the subject of an order under subsection (2). |
| |
| |
|
(2) |
If a timber supply area has been divided under section 7 (b), the minister may order that the allowable annual cut under a forest licence |
| |
|
|
(a) |
be fully allocated to one of the timber supply areas resulting from the division, or |
| |
|
|
(b) |
be allocated, in the proportions specified in the order, between or among 2 or more of the timber supply areas resulting from the division. |
| |
| |
|
(3) |
If an order is made under subsection (2), the regional manager, in accordance with subsection (4), must issue to the holder of the original licence one or more forest licences in substitution for the original licence. |
| |
| |
|
(4) |
A forest licence issued under subsection (3) |
| |
|
|
(a) |
must specify one of the timber supply areas resulting from the division and authorize an allowable annual cut as necessary to give effect to the order of the minister under subsection (2), |
| |
|
|
(b) |
Repealed. [2003-31-18 (B.C. Reg. 402/2003)] |
| |
|
|
(c) |
must specify a term that expires on the expiry date of the original licence, |
| |
|
|
(d) |
is replaceable on the same terms and conditions as the original licence, if the original licence is replaceable under section 15, and in that case, for the purpose of determining the obligations pertaining to replaceability under the new licence, the new licence is deemed to have been issued at the same time as the original licence, and |
| |
|
|
(e) |
subject to subsection (5), must otherwise be on the same terms and conditions as the original licence. |
| |
| |
|
(5) |
After giving the holder of the original licence an opportunity to be heard, the regional manager, at the time of issuing a licence under subsection (3), may include in it terms and conditions that vary from those in the original licence to the extent only that the regional manager considers necessary in order to take into account the allocation referred to in subsection (2). |
| |
| |
|
(6) |
Repealed. [2003-31-18 (B.C. Reg. 402/2003)] |
| |
| |
|
(7) |
Repealed. [2003-31-18 (B.C. Reg. 402/2003)] |
| |
| |
|
(8) |
Repealed. [2003-31-18 (B.C. Reg. 402/2003)] |
| |
| |
| Division 5 – Timber Licences |
| |
| |
| |
Rights in tree farm licences |
| |
27 |
|
If a tree farm licence expires or otherwise terminates and is not replaced under section 36, a timber licence that is then in the tree farm licence area |
| |
|
|
(a) |
expires one year after the expiry or termination of the tree farm licence, and |
| |
|
|
(b) |
may be replaced by a timber licence under section 28. |
| |
| |
| |
Rights not in tree farm licence |
| |
28 |
(1) |
A person who holds a timber licence that is due to expire under section 27 (a) may submit to the regional manager, within 6 months after expiry or termination of the tree farm licence, a schedule proposing a time and a sequence for the orderly harvesting of the merchantable timber that is subject to the licence. |
| |
| |
|
(2) |
After considering a schedule proposed under subsection (1), the regional manager, in a notice served on its holder within 3 months after receiving the schedule, must offer to the holder one or more timber licences that, subject to section 74, |
| |
|
|
(a) |
describe the Crown land subject to the timber licence, and |
| |
|
|
(b) |
expire on a date specified in the timber licence by the regional manager. |
| |
| |
|
(3) |
The offer may be accepted by written notice served on the regional manager not later than 3 months after it is made. |
| |
| |
|
(4) |
If the offer is accepted, the regional manager and the holder must enter into an agreement in the form of a timber licence. |
| |
