[Table of Contents]
8. APPEALS
ALASKA
Hearings can be granted by the State Forester, Regional Forester or a qualified designee. Appeals must be made to the Commissioner of Natural Resources. The Commissioner's decision may be appealed to the Superior Court.
BRITISH COLUMBIA
When an enforcement action or administrative penalty has been ordered under the Code, a party may request an administrative review of the decision. After the review, the party may appeal the decision to the independent Forest Appeals Commission. The Forest Practices Board can also request a review of determination, or a determination with respect to approval of a Forest Development Plan, Range Use Plan or amendment to either of those plans.
The Forest Appeals Commission must provide an annual report to the Minister of Forests, Minister of Environment, Lands and Parks and the Minister of Energy, Mines and Petroleum Resources. The report summarizes appeal activity over the year.
CALIFORNIA
Appeals are heard in public by the State Board of Forestry. Operators who have submitted an appeal, county governments and other state agencies can appeal.
FINLAND
Complaints concerning the approval of plans on private forest land can be directed to the Ministry of Agriculture and Forestry. The decision of the Ministry is final. If a law has been violated appeals are dealt with by the courts.
There is no appeal process for decisions made in state forests.
GERMANY
Federal Republic of Germany
Appeals in all states of the Federal Republic are regulated by a separate law called the Administration Proceeding Law. A decision must be appealed to the same administrative level, or one level up. In the case of forestry, the issue would progress from the Forest Office, to the Administrative Forest District, to the Forest Administration of the State Ministry of Food, Agriculture, and Forestry. Time limits are imposed on each administrative level. If the issue is not resolved within the administration it becomes a matter for the Administrative Court, which is separate from the civil courts. There are three progressive levels of Administrative Court. It may take years to finally resolve an issue (Brunner, pers. comm.).
NOVA SCOTIA
While there is no defined appeal procedure in place in Nova Scotia, appeals can be conducted on-site, and through any level of government. Where forest operations are subject to the Federal-Provincial Agreement, a Forest Management Technical Committee and Forest Management Administration Committee are appointed and these committees handle technical and administrative appeals.
ONTARIO
A regulatory power to appeal approval or amendment for forest management plans is included in Bill 171, the Crown Forests Sustainability Act. The Environmental Assessment Board for Timber Management on Crown Lands includes a rigorous consultation process designed to mitigate conflicts and an issue resolution process designed to resolve issues prior to plan approval. Any person who has a concern with regard to proposed timber management activities may initiate the bump-up procedure by requesting the Minister of Environment and Energy to direct MNR to undertake an individual environmental assessment of those activities (Graham, pers. comm.).
Under the Environmental Bill of Rights (EBR), individuals may request a review by the Environmental Commissioner of policies, regulations and instruments (i.e. licenses, permits, approvals) or actions if they feel the sustainability of the environment is at risk. This applies to legislation that is prescribed under the EBR and will include the Crown Forest Sustainability Act. The Environmental Commissioner is independent and reports to the legislature. The Environmental Bill of Rights was proclaimed on February 15.1994.
OREGON
Any operator, landowner or timber owner affected by a finding or order of ODF can file for a hearing within 30 days after issuance of the order. Hearings of this kind must begin within 14 days of receipt of a request and a decision given within 28 days from the date the hearing was requested (unless an extension is mutually agreed upon).
Any person affected by an operation that required a written plan can file a written request to the Board for a hearing (as long as that person submitted written comments during the 14-day waiting period following submission of the written plan).
The State Board of Forestry appoints a hearings officer to conduct the hearings. Hearing decisions can be appealed through the court system. Internal appeals to ODF from other government agencies and within the ODF can also be made.
SWEDEN
The appeal process is regulated by Section 40 of the Forestry Act. A forest owner or a Sami village can appeal a decision to the County Forestry Board. If they do not receive satisfaction the appeal will proceed to the National Board of Forestry. The decision of the National Forestry Board can also be appealed to an Administrative Court of Appeal, and their decision may be appealed to a higher court. However, when the final decision is made the forest owner must comply.
If the forest owner is still obligated following the appeal process, the County Forestry Board will supervise the action. An appeal must be made within three weeks of receiving the decision of the County Forestry Board.
The Environmental Protection Agency may also appeal a decision of the County Forestry Board in cases governed by clause 2 of Section 25, which concerns the re-establishment of broadleaved forests. The public have no right of appeal.
TASMANIA
A Government appointed Forest Practices Tribunal has full power to confirm, cancel or modify any notice served by a Forest Practices Officer. The Timber Harvesting Plan applicant may appeal the decision of a Forest Practices Officer, and if the matter cannot be resolved by discussion, the applicant can appeal to the Forest Practices Tribunal. The Tribunal consists of three persons, one of whom has legal qualifications, one with practical operational experience in forestry, and one qualified in land or forest management. Appeal hearings are conducted as informally as possible, decisions can be made on the spot, and the use of a lawyer by the appealant is specifically prohibited. Any decision by the Forest Practices Tribunal cannot be appealed further (Act, 34-37).
UNITED KINGDOM
Objections to proposed plans of operations are referred to a Regional Advisory Committee (RAC) of the Forestry Commission. The RAC members are appointed and represent a wide range of interests. The RAC adjudicates the complaint and makes recommendations to the Board of Commissioners. The proposed decision is then referred to the appropriate Government Ministers for final decision. Concern is focussed more on proposed practices, such as afforestation of sensitive areas, or particular logging proposals, rather than complaints about poor practices (Bell, pers. comm.).
U.S. FOREST SERVICE (REGION 6)
An appeal system is required by law and is widely used. Appeals are made one step above the deciding officer. Once the appeal levels within the Forest Service have been exhausted, matters may be taken to court.
VICTORIA STATE
The Points system, described in Section 5 of this report, has a formal review option. A designated CNR officer conducts reviews. In other situations, standard appeal mechanisms operate (Leonard, pers. comm.).
WASHINGTON
Any aggrieved party can appeal a decision by DNR except preliminary decisions (preliminary decisions include classficiation of an application for forest practices and declaration of significance under SEPA (State Environmental Policy Act). The Appeals Board is under a separate law within the Environmental Hearings Office. Under the Administrative Procedures Act, parties can also choose a Brief Adjudicated Proceeding, which is a quicker and less expensive process than formal appeal. There are time limits (usually 30 days, but 15 days for interim appeals) at all steps of the process. Another option is for a party to file a law suit. However, the Superior Court will not act while the Appeal Board is standing on the same issue.
WESTERN AUSTRALIA
There are no formal appeal mechanisms, although contractors may complain to the Executive Director of CALM. The Executive Director will make the final decision, based on advice from his senior Forest Resources Division staff (Clarke, pers. comm.).
