[Table of Contents]
PREAMBLE
Part I of this report deals mainly with objectives, administrative procedures, audit mechanisms, appeal processes, enforceability, regulatory powers and public and stakeholder input within the various jurisdictions. Information on the nature of land ownership, the geographic makeup of the jurisdiction and the economic significance of forestry, is presented in Appendix D and E.
In order to summarize the numerous topics contained in this report, key comparative topics are presented in a tabular format in the Summary Report (separate document).
1. LEGAL FRAMEWORK
ALASKA
Forest practices in Alaska are regulated by the Alaska Forest Resources and Practices Act - 1990 and the Alaska Forest Resources and Practices Regulations. The Act was first proclaimed in 1978. The Act is enabling; prescriptive details are given in the Regulations.
BRITISH COLUMBIA
The legal framework of British Columbia's Forest Practices Code is set by the Forest Practices Code of
British Columbia Act proclaimed in 1995, and regulations made pursuant to the Act. Recommended best management practices and procedures on a provincial and regional basis, are provided by 67 separate guidebooks. Guidelines become legally enforceable when inserted in plans, prescriptions and contracts.
The Code applies to Crown (public) forest lands and to private forest lands that are within a Tree Farm License or a Woodlot License, issued under the Forest Act. There is provision in the Forest Practices Code Act to apply to other private lands in the Province. It is anticipated that private lands not covered under the Code will be under the jurisdiction of new environmental legislation.
In addition forest practices in British Columbia are subject to other legislation including: Constitution of Canada Act (regarding Aboriginal rights); Fisheries Act; Forest Act; Heritage Conservation Act; Land Act; Ministry of Forest's Act; Park Act; Pest Control Products Act; Pesticide Control Act; Range Act; Transportation of Dangerous Goods Act; Waste Management Act; Water Act; Weed Control Act; Wildlife Act; Workers Compensation Act.
CALIFORNIA
Forest practices in California are regulated by the Z'Berg Nejedly Forest Practice Act of 1973 and California Forest Practice Rules (June 1994). The Act is mainly enabling in nature but has some important prescriptive aspects. For example, some standards for reforestation, protection of streams and other waters, conversion of timberlands, clearcut size, fire hazard reduction and some provisions for erosion prevention are specified in the Act.
FINLAND
Many of Finland's legislated Acts influence forest activities. The most important Acts relative to forestry are:
- Private Forest Act (regulates forest activities on privately owned land);
- Finnish Forest and Park Service Act, (control the use of state owned forests);
- Forest Management Association Act, (support forest owners in the improvement and promotion of professional knowledge and skill in forest management);
- Forestry Centre and Forestry Board Act (defines the tasks for organizations promoting and supervising private forestry);
- Trade with Forest Regeneration Material Act (regulates plant materials used for reforestation);
- Forest Improvement Act (provides financial incentive for defined silvicultural and forest improvement activities, and applies a cost-sharing principle);
- Protection Forest Act (prevents the lowering of the timber line in areas where forest preservation is necessary);
- Act for Prevention of Forest Damages by Insects and Fungi (protects forest health);
- Environmental Impact Assessment (EIA) Act (requires the completion of an EIA for all developments that will alter the nature of forest, peatland or wetland areas greater than 200 ha);
- Wilderness Act (defines the use of wilderness areas managed by the Finnish Forest and Park Service);
- Nature Protection Act (conserves flora, fauna, and scenic landscapes by establishing nature reserves, national parks, and declaring threatened species).
The majority of forest activity in Finland occurs on privately owned land and is regulated by the Private Forest Act of 1928. The Act is prescriptive in that devastation [1] of the forest is prohibited and regeneration of cut areas is required (Section 1). Guidelines for silvicultural practices are devised by the National Forestry Centres. The guidelines are enabling.
The National Forestry Board became known as the Finnish Forest and Park Service in 1991. Their legislation, originally called the Forest Law and enacted in 1886, is the Finnish Forest and Park Service Act (Kuusela, 1993). The latest revision to the Finnish Forest and Park Service Act occurred in 1994. Silvicultural guidelines for biodiversity, landscape management and recreational use on state lands were revised in 1990 and recommendations for threatened species, water and soil pollution control, landscape management, and the multiple use of forests are described in the 1994 Environment Guide, published by the Finnish Forest and Park Service.
A General Forestry Act for Finland will be legislated in 1996. This General Act will likely replace both the Private Forest Act and the current Finnish Forest and Park Service Act. The new Act will apply to all forests and all ownership groups, the private individual, government, and companies.
GERMANY
Federal Republic of Germany
The Federal Republic has deferred the management of natural resources to Germany's sixteen state governments. Two States of the Federal Republic of Germany, Bavaria and Baden-Wurttemberg, responded to the questionnaires and their information is provided separately. The states are responsible for developing regulations and rules pertaining to natural resource use. However, the state regulations must be consistent with legislated federal policy. The Federal Forest Act, Law on the Conservation of Forests and the Promotion of Forestry is a framework law that guides state forestry regulations. The federal law was enacted in 1975.
The Law on the Conservation of Forests and the Promotion of Forestry applies to all public and private land, and is prescriptive. The Law specifies that all states must adapt their prescriptions to the Federal Act. Federal lands, national boundary areas, civil defence and civil aviation lands may be exempt from the Forest Act requirements if the forest objectives interfere with the federal management objective.
Baden-Wurttemberg
Forest practices in Baden-Wurttemberg are legislated by the Forest Law of Baden-Wurttemberg. The Act was established in 1976 and revised in 1993. It is a prescriptive law.
Bavaria
Forest practices in Bavaria are legislated in the Forest Law for Bavaria. Bavaria's first Forest Law was enacted in 1852 and the new forest law was established in 1975. The law is both prescriptive and enabling, providing rules and guidelines for forest management.
NOVA SCOTIA
Nova Scotia does not have a Forest Practices Code. Forest practices are regulated through policy guidelines, standards, rules, contracts and agreements. Practices are subject to the Forests Act, The Forest Enhancement Act, the Forest Practices Act 1986, the Crown Lands Act, the Provincial Parks Act, the Special Places Protection Act 1980, Canada Fisheries Act, and the Nova Scotia Water Act and Environmental Protection Act.
The Stora Forest Industries Ltd. Agreement Act, and the Scott Maritimes Pulp Ltd. Agreement Act provide for license and management agreements between the province and the companies, but are superseded by all other Acts. Crown lands are subject to all legislated policies, regulations, standards and guidelines. On Private lands, these same standards and guidelines are only recommendations which are actively encouraged (Provincial Action Plan, 1994:55), unless private land owners apply for financial assistance, or a wood processing company signs a contractual agreement with the Department of Natural Resources. To protect or conserve special habitats or other values on private land, a landowner may grant easement to prohibit development under the Conservation Easement Act, 1993 (McQuarrie, pers. comm.).
At present, a comprehensive Environment Act is in draft. This Environment Act will incorporate approximately eight Acts under the Nova Scotia Department of Environment's jurisdiction, complete with new regulations (Eidt, pers. comm.).
ONTARIO
The Crown Forest Sustainability Act (passed December 1994) and the Environmental Assessment Act, 1990 provide the legal framework for forest management and operations in Ontario. Manuals and guidelines provide more specific and technical direction. Related legislation includes the Lakes and Rivers Improvement Act, 1980, the Public Lands Act, 1980, the Forest Fires Prevention Act, 1986, the Environmental Assessment Act, 1990, the Provincial Parks Act, the Ontario Heritage Act, the Planning Act, and the Game and Fish Act.
Timber management planning in Ontario is subject to environmental assessment in Ontario under the Environmental Assessment Act, 1990. This legislation directed the Ministry of Natural Resources in preparing its class environmental assessment of timber management on Crown Lands. This was approved in the spring of 1994, with 115 Terms and Conditions.
Private land in Ontario is dealt with through the Ministry of Natural Resources (MNR) Private Land Forestry Program, and regulated by the Forestry Act, 1990, the Trees Act, 1990, and the Woodland Improvement Act, 1990. Other government agencies, including the Ministry of Food and Agriculture and the Ministry of Municipal Affairs also regulate private lands.
OREGON
Oregon's forest practice legislation is based on the Forest Practices Act of 1971. The first forest practices act goes back to 1941 (called the Forest Conservation Act) and was concerned mainly with ensuring a sustainable supply of timber. The 1971 Act was of much wider scope, encompassing water quality, wildlife, soil conservation and environmental matters. Major revisions to the 1971 Act were made in 1987 and 1991. The Act is mainly enabling but has some prescriptive features, for example, those pertaining to procedures for appeal, submission of plans, violations, powers of the forestry board, limitations on clearcut size, and visually sensitive corridors.
In addition to the Act, there are Rules, established by the forestry board, and a field guide put out by the Oregon Department of Forestry (ODF).
SWEDEN
The Forestry Act is a legal framework that gives the Swedish government the authority to dictate regulations for forestry practices. The first Forestry Act was established in 1903 and the latest modification came into effect January 1, 1994. Ten legislated Acts address forestry aspects to some extent. In addition to the Forestry Act, the Nature Conservation Act and the Cultural Heritage Act are the most important.
The 1994 Forestry Act deregulates forest activities and reduces state intervention. The Act is prescriptive, specifying regulations to be followed by all forest land owners in all jurisdictions. However, Sections 15 to 21, Requirements for Felling Permission, are valid only for areas difficult to regenerate. These areas are mostly in northern Sweden. Other sections of the Act are valid only for areas with selected valuable broadleaved forests.
TASMANIA
Tasmania's Forest Practices Act (1985) is the legal basis which enables the Forest Practices Code. Forest Practices are regulated through site-specific contracts based on approval of Timber Harvesting Plans by Forest Practices Officers. Forest Practices Manuals relate to particular provisions in the Forest Practices Code and provide guidelines to dictate appropriate forest management practices. Tasmania’s forest practices legislation applies to both public and private land.
UNITED KINGDOM
The U.K. does not have a Forest Practices Code. Practices are regulated under the Forestry Acts, and through a series of environmental guidelines enforced by the Forestry Authority, an arm of the Great Britain Forestry Commission, or by the Forestry Service of the Agricultural Department of Northern Ireland (DANI).
The forest industry of the U.K. differs enormously from that of British Columbia in terms of scale and control.
U.S. FOREST SERVICE (REGION 6)
Federal lands in the National Forest System are governed by about two-hundred different Acts. Some of the most important include the Organic Administration Act (1897), National Forest Management Act of 1976 (NFMA), the Multiple-use Sustained Yield Act (1960), the Endangered Species Act (ESA), the Forest and Range Renewable Resources Planning Act of 1974 (RPA), the Wilderness Act (1964) and the National Environmental Policy Act of 1969 (NEPA). Recently, management of National Forests in much of Region 6 (as well as Region 5) have been brought under the President's Plan (Record of Decision for amendments to Forest Service and Bureau of Land Management planning documents within the range of the Northern Spotted Owl, April 13, 1994 [hereafter ROD]). The ROD presents the background and rationale for selection of Alternative 9 defined in the Final supplemental environmental impact statement on management of habitat for late-successional and old-growth forest related species within the range of the Northern Spotted Owl, 1994 (Supplemental Environmental Impact Statement - SEIS).
VICTORIA STATE
Victoria's Code of Forest Practices for Timber Production was ratified by State Parliament in accordance with Section 55 of the Conservation, Forests and Lands Act 1987 on May 27, 1989. (Code, 1989:1). This Code resulted from the drafting of a timber industry strategy in 1986. The Code provides State-wide principles and guidelines to be followed and applied to each timber production operation on both public and private land. On public land, the Code is applied through the preparation of detailed regional prescriptions set out in Forest Management Plans for each of the 15 Forest Management Areas in Victoria. In addition, Timber Harvesting Regulations (1989) provide a related system of licensing forest operators for public lands, and through produce licence conditions. Private lands are dealt with at the local government level through Planning Schemes administered under the Planning and Environment Act 1987 (COP, 1989:2). In 1993, 0.1 million ha of publically owned softwood plantations were privatized. They are now managed by the Victoria Plantations Corporation under the Victoria Plantations Corporation Act, which, under Section 24, requires conformity with the Code. (Leonard, pers. comm.).
Victoria's Code of Forest Practices for Timber Production is a Timber Production Code only. Therefore other matters, including Range Management and Wilderness Management, are not covered, although they are included in other management systems (Leonard, pers. comm.).
WASHINGTON
Washington's forest practices legislation is based on the Forest Practices Act of 1974. The act is prescriptive with respect to some practices (for example, reforestation and stream protection) but in many cases specific practices or other details are given in regulations or the Forest Practices Board manual. Observance of practices outlined in the manual is voluntary. Forest practices are put into one of four classes: each class has different requirements; for example, Class 1 practices such as most road maintenance or Christmas tree cutting may be done with no notification. At the other extreme, Class 4 Special practices such as aerial application of pesticides or road building on sensitive terrain require an environmental review under the State Environmental Policy Act (SEPA) and guidelines.
WESTERN AUSTRALIA
Western Australia's Code of Logging Practice was established in November 1988. It is part of a hierarchy of rules relevant to logging operations controlled by the Department of Conservation and Land Management (CALM). The Code is not covered by any specific legislation. Forest harvesting operations are regulated by the Code of Logging Practice, the Manual of Logging Specifications, and Timber Harvesting Contracts (Clarke, pers. comm.).
Western Australia's Code and Manual contain guidelines and specifications relating to both hardwood and softwood logging operations. In most cases the rules are similar or the same, and will not be detailed twice in this report. Where they are different, it will be noted in the text.
