Statutes and Regulations


 
FOREST AND RANGE PRACTICES ACT
SBC 2002, c. 69


 
Part 1 – Definitions and Interpretation
 
 
  Definitions
  1 (1)
In this Act:
      "agreement under the Forest Act" means an agreement in the form of a licence, a permit or an agreement referred to in section 12 of the Forest Act or a pulpwood agreement;
 
      "agreement under the Range Act" means an agreement in the form of a licence or permit referred to in section 3 of the Range Act;
 
      "board" means the Forest Practices Board continued under section 136;
 
      "commission" means the Forest Appeals Commission continued under section 194 of the Forest Practices Code of British Columbia Act;
 
      "council" means the Forest Practices Advisory Council referred to in section 170;
 
      "deactivate", in relation to a road, means to deactivate the road in accordance with the prescribed requirements;
 
      "determination" means any act, decision, procedure, levy, finding, order or other determination made NEWunder this ActNEW by the minister or an official;
 
NEW      "forest practice" means a prescribed activity that is carried out by
      (a) the government;
      (b) a holder of an agreement under the Forest Act, or
      (c) a person in a prescribed category of persons
  on private land, subject to a tree farm licence, a community forest agreement or a woodlot licence, or on Crown forest land;NEW
 
      "free growing stand" means a stand of healthy trees of a commercially valuable species, the growth of which is not impeded by competition from plants, shrubs or other trees;
 
      "interpretive forest site" means an interpretive forest site established under section 56 of this Act or section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
 
      "minister" includes the minister's delegate;
 
      "objectives set by government" means
      (a) objectives prescribed under section 149 (1), or
      (b) objectives established under section 93.4 of the Land Act by the minister responsible for the administration of the Land Act;
 
      "official" means an employee in the
      (a) ministry of the minister responsible for the administration of this Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision,
      (b) ministry of the minister responsible for the Wildlife Act, which employee is designated by name or title to be an official by that minister for the purpose of that provision, or
      (c) Oil and Gas Commission who is designated by name or title to be an official by the minister responsible for the Oil and Gas Commission Act for the purpose of that provision;
 
      "operational plan" means a forest stewardship plan, woodlot licence plan, range use plan or range stewardship plan;
 
      "range development", in relation to the management for range purposes of range land or livestock, means
      (a) a structure,
      (b) an excavation,
      (c) a livestock trail indicated in a range use plan or a range stewardship plan as a range development, or
      (d) an improvement to forage quality or quantity on an area that results from
        (i) the application of seed, fertilizer or prescribed fire to the area, or
        (ii) the cultivation of the area;
 
NEW      "range practice" means
      (a) a prescribed activity that is carried out on Crown range by
        (i) the holder of an agreement under the Range Act, or
        (ii) a person in a prescribed category of persons, and
      (b) the activities related to constructing, modifying or maintaining a range development that are carried out on Crown range by a person other than the holder of an agreement under the Range Act;NEW
 
      "recreation feature" means a biological, physical, cultural or historic feature that has recreational significance or value;
 
      "recreation resource" means
      (a) a recreation feature,
      (b) a scenic or wilderness feature or setting that has recreational significance or value, or
      (c) a recreation facility;
 
      "recreation site" means a recreation site established under section 56 of this Act or section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
 
      "recreation trail" means a recreation trail established under section 56 of this Act, section 6 of the Forest Practices Code of British Columbia Act or designated under the Forest Act;
 
      "seed" means any part of a forest tree represented, sold or used to grow a plant;
 
      "special use permit" means a special use permit under the Forest Practices Code of British Columbia Act;
 
      "standard" means a standard established by the chief forester under section 169;
 
      "wildlife" means
      (a) vertebrates that are mammals, birds, reptiles or amphibians and are prescribed as wildlife under the Wildlife Act,
      (b) fish from or in the non-tidal waters of British Columbia, including
        (i) vertebrates of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or
        (ii) invertebrates of the subphylum Crustacea (crustaceans) or phylum Mollusca (mollusks), and
      (c) invertebrates or plants listed by the Minister of Water, Land and Air Protection as endangered, threatened or vulnerable species,
      and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants.
 
    (2)
Words and expressions not defined in this Act have the meaning given to them in the Forest Act and the Range Act unless the context indicates otherwise.
 
 
  Interpretation
  2 (1)
A reference in this Act to the minister or his or her designate, or to the minister or a person authorized by the minister, or any similar reference, does not mean that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone means a reference to the minister or an appropriate official of the ministry of the minister responsible for the administration of this Act.
 
    (2)
NEWRepealed. [2007-18-75]NEW
 
    (3)
NEWRepealed. [2007-18-75]NEW
 
    (4)
Section 14 (2) of the Interpretation Act does not apply to this Act.
 
    (5)
Sections 71 (2) to (7) and 87 of this Act do not apply to the government.
 
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