Higher Level Plans: Policy and Procedures -- Chapter 5-3.htm

Higher Level Plans: Policy and Procedures

Table of Contents

5.15 Varying or Cancelling Landscape Units or Objectives

5.15.1 Legislative Reference

: Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)
See section 5.2 on page LU 2, section 5.14.1 on page LU 22 of this document.

5.15.2 Chief Forester Direction - Policy

Establishment procedures apply: The same procedures for establishing landscape units and objectives apply when varying or cancelling them.

Basis for cancellation: If circumstances such as major revisions to established landscape unit boundaries make varying an existing landscape unit impractical, the original landscape unit and objectives should be cancelled.

Scheduled review: The landscape unit and its objectives should be reviewed at least every ten years.

5.15.3 Chief Forester Direction - Procedures

Varying orders: When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended, and it should refer to the new order.

Include unvaried content from old order: When feasible, an order varying an earlier order should restate the portions of the earlier order that remain in effect, and then list the portions that are changed, giving the date when changes take effect. The original order should be cancelled.

5.16 Preparing and Referring the Order

5.16.1 Legislative Reference

Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)

4.(8) The establishment, variance or cancellation of a landscape unit or objective takes effect

(a) 6 months after the order is filed with the regional manager, or
(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the order.

Strategic Planning Regulation

6.(4) For the purposes of section 4(8)(b) of the Act, an order establishing, varying or cancelling a landscape unit or objective may take effect at an earlier time than that set out in section 4(8)(a) of the Act if the district manager is of the opinion that the order should take effect at an earlier time so as to adequately manage and conserve the forest resources of British Columbia.

5.16.2 Chief Forester Direction - Procedures

Determine date: The district manager will:
Determine the date that the landscape unit and objectives will take effect.

Consider timing: Consider the timing of submission and approval of operational plans in the area and the direction in the regional landscape unit planning strategy, in determining when the order will take effect.

Advise licence holders: Advise licence holders who may be affected in the short term by the early establishment of the landscape unit and objectives, if the order establishing them is to take effect in less than six months, and if the district manager feels it is necessary.

Draft order: Draft an order that establishes the landscape unit and objectives, including the date the order takes effect, and attach the objectives and a map (see Appendix 4 for sample format).

Refer draft order to agencies: Send the draft order, a map showing the location of the proposed landscape unit, and associated documents to appropriate resource agencies for review. Unless otherwise specified in the regional agreement, ask agencies to provide comments within 45 days.

5.17 Advertising for Public Review and Comment

5.17.1 Legislative Reference

Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)

4.(6) Before establishing, varying or cancelling a landscape unit or objective in a way that significantly affects the public, the district manager must provide for review and comment in accordance with the regulations.

Strategic Planning Regulation

4.(1) Before establishing, varying or cancelling a landscape unit or objective under section 4 of the Act, the district manager must publish in a newspaper a notice stating

(a) that a landscape unit or objective is proposed to be established, varied or cancelled under section 4 of the Act,
(b) the location of the landscape unit
(i) that is proposed to be established, varied or cancelled, or
(ii) to which the objective proposed to be established, varied or cancelled relates,

(c) that the following are available at the ministry regional office and district office:
(i) a copy of the proposed order establishing, varying or cancelling the landscape unit or objective;
(ii) in the case of a landscape unit, a copy of the proposed or established objectives for the unit;
(iii) a map showing the location and boundaries of the landscape unit

(A) that is proposed to be established, varied or cancelled, or
(B) to which the objective proposed to be established, varied or cancelled relates, and

(d) that comments on the proposal may be delivered to the ministry regional office or district office within 60 days of the date of publication in the newspaper.

(2) Despite subsection (1)(d), if the order establishing, varying or cancelling the landscape unit or objective is to take effect, under section 6(4), before the 60 day period referred to in subsection (1)(d) expires, the 60 day period is reduced to a period commensurate with the time that the order takes effect.

(3) If the 60 day period is reduced to less than 15 days under subsection (2), subsection (1) does not apply.

5.17.2 Introduction

Minimum legal requirements: The provisions for public review and comment in the Strategic Planning Regulation section 4 and in this section of this manual represent the minimum requirements as stated in legislation. Public and First Nations involvement, in addition to these requirements, may be approved by the district manager in some instances, if he or she wants additional information for consideration in making a decision. The regional landscape unit planning strategy determines areas where a greater emphasis on public participation is required.

5.17.3 Chief Forester Direction - Procedures

Public review: The district manager will:
In accordance with section 4(6) of the Act and Regulation section 4(3), provide for public review and comment if the public is significantly affected by establishing, varying or cancelling the landscape unit or objective, and if the order establishing, varying or cancelling the landscape unit or objective will take effect in 15 days or more.

Agreement with designated environment official: Review the proposed landscape unit and objectives, and agree upon revisions with the designated environment official.

Newspaper notice: Prepare a notice for publication in a newspaper (see Appendix 6 for sample format).

Review period to be determined: In accordance with Strategic Planning Regulation section 4(2), if the landscape unit and objectives are to take effect before 60 days after the order is filed, the review period will be reduced commensurate with the time that the order takes effect. The district manager may determine, for example, that the order should take effect before 60 days if public consultation has been extensive during the planning process.

5.18 Obtaining the Approval of the Designated Environment Official

5.18.1 Introduction

5.18.1 Designated environment official approval: It is most appropriate to get the designated environment official's formal approval to establish, vary or cancel an objective for a landscape unit after all revisions have been made. However, consultation on developing and refining of landscape unit objectives occurs throughout the planning process. Informal agreement on the objectives should be achieved prior to this stage.

5.18.2 Legislative Reference

: Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)
4.(5) Before establishing, varying or cancelling an objective for a landscape unit respecting a forest resource other than a recreation resource, the district manager must obtain the approval of a designated environment official.

5.18.3 Chief Forester Direction - Procedures

: The approval of the designated environment official must be obtained in writing.

5.19 Filing the Order

5.19.1 Legislative Reference

Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)

4.(7) The district manager must file an order establishing, varying or cancelling a landscape unit or objective with the regional manager for the forest region within which the forest district is located.

5.19.2 Chief Forester Direction - Procedures

: The district manager will:
Receive public comments and revise with designated environmental official
Receive public comments and agree upon any revisions resulting from the review period with the designated environment official.

File order: In accordance with section 4(7) of the Act, file the order and map with the regional manager.

5.20 Preparing and Publishing the Notice of Impending Order

5.20.1 Legislative Reference

Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)

See section 5.16.1 on page LU 25 of this document.

Strategic Planning Regulation

6.(1) When establishing, varying or cancelling a landscape unit or objective under section 4 of the Act, the district manager must publish in a newspaper a notice stating

(a) that a landscape unit or objective is to be established, varied or cancelled under section 4 of the Act,
(b) the location of the landscape unit
(i) that is to be established, varied or cancelled, or
(ii) to which the objective to be established, varied or cancelled relates,

(c) that the following are available at the ministry regional office and district office:
(i) a copy of the order establishing, varying or cancelling the landscape unit or objective;
(ii) in the case of a landscape unit, a copy of the objectives for the unit;
(iii) a map showing the location and boundaries of the landscape unit
(A) that is to be established, varied or cancelled, or
(B) to which the objective to be established, varied or cancelled relates;

(iv) a summary of any revisions made to the landscape unit or objective as a result of the review and comment under section 4, and

(d) the date the order takes effect.

(2) If review and comment was not required under section 4(2), the notice referred to in subsection (1) need not contain the summary referred to in subsection (1)(c) (iv).
(3) Despite subsection (1), the notice required by that subsection need not be published if the district manager is of the opinion that the establishment, variance or cancellation of the landscape unit or objective does not significantly affect the public.
(4) For the purposes of section 4(8)(b) of the Act, an order establishing, varying or cancelling a landscape unit or objective may take effect at a time earlier than that set out in section 4(8)(a) of the Act if the district manager is of the opinion that the order should take effect at an earlier time so as to adequately manage and conserve the forest resources of British Columbia.

9. If the requirement for a notice has been waived under section 3(3), 6(3) or 8(2), the establishment, variance or cancellation of the zone, unit, site, trail or objective must be included in the ministry annual report for the year in which the establishment, variance or cancellation took place.

5.20.2 Procedures

Notice to be prepared: The district manager will:
In accordance with Strategic Planning Regulation section 6(1), prepare a notice of impending order for publication in a newspaper (see Appendix 7 for sample format).

Provide rationale: Where the landscape unit and objectives are to take effect less than six months after the order is filed with the regional manager, attach to the order the rationale for this earlier date. A rationale should also be provided if the landscape unit establishment was not advertised for public review.

Notice not required: Notices of impending orders will be published, except in the case of a minor variation where the management intent for the area remains unaffected. In accordance with Strategic Planning Regulation section 6(3), the notice of an impending order does not have to be published if the district manager decides that the public is not significantly affected by establishing, varying or cancelling a landscape unit or objective.

Include in annual report: In accordance with Strategic Planning Regulation section 9, if the district manager determines that the notice of impending order is not required, summarize the information for inclusion in the ministry annual report for the year in which the changes took place.

Notify directors: Ensure that the inventory and mapping system is updated and maintained to reflect established landscape unit boundaries.

5.21 Making Information Available to the Public

5.21.1 Legislative Reference

Forest Practices Code of British Columbia Act (Part 2, Strategic Planning, Objectives and Standards)

4.(10) The regional manager and district manager must make available to the public

(a) the order, and
(b) a map showing the boundaries of the landscape unit.

5.21.2 Procedures

Viewing period: The regional manager and district manager will make available for viewing both the order and a map showing the boundaries of the landscape unit, at the regional office and district office, for 60 days. After 60 days, this information should be available on request.

Attachments

The managers will attach:

A copy of the objectives
a summary of any revisions made to the landscape unit as a result of review and comment.