Statutes and Regulations

Part 5 – Protection of Resources
Division 1 – General
	Protection of the environment
	46	(1)	A person must not carry out a forest practice, a range practice or another activity that results in damage to the environment, unless in doing so
			(a)	the person
				(i)	is acting in accordance with a plan, authorization or permit under this Act,
				(ii)	is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or
				(iii)	Repealed. [2007-18-80 (B.C. Reg. 266/2007)]
				(iv)	is acting in accordance with another enactment, and
			(b)	the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, the carrying out of the forest practice, range practice or other activity may result, directly or indirectly, in damage specified by regulation.
		(1.1)	A person, other than a person described in subsection (1), must not engage in any activity on Crown land that results in damage to the environment, unless in doing so
			(a)	the person
				(i)	is acting in accordance with a plan, authorization or permit under this Act,
				(ii)	is not required to hold a plan or permit because of an exemption under this Act and is acting in accordance with this Act, the regulations and the standards, or
				(iii)	is acting in accordance with another enactment, and
			(b)	the person does not know and cannot reasonably be expected to know that, because of weather conditions or site factors, engaging in the activity may result, directly or indirectly, in damage specified by regulation.
		(2)	A person who contravenes subsection (1) or (1.1)must
			(a)	take appropriate action to prevent any further damage,
			(b)	promptly notify the district manager of the damage, and
			(c)	take any remedial measures that the minister requires under section 74.
		(3)	A person who discontinues a forest practice, a range practice or another activity referred to in subsection (1) or an activity referred to in subsection (1.1) may resume that practice or activity only if and when
			(a)	it can be resumed without contravening subsection (1) or (1.1), as the case may be, and
			(b)	the minister is satisfied that any remedial measures required under subsection (2) (c)
				(i)	have been carried out, or
				(ii)	will be carried out at the appropriate time.
	Invasive plants
	47		A person carrying out a forest practice or a range practice must carry out measures that are
			(a)	specified in the applicable operational plan, or
			(b)	authorized by the minister
			to prevent the introduction or spread of prescribed species of invasive plants.
	Natural range barriers
	48		A person carrying out
			(a)	a forest practice, or
			(b)	a range practice
			that directly or indirectly removes or renders ineffective a natural range barrier must carry out measures that are
			(c)	specified in an operational plan for the area, or
			(d)	authorized by the minister
			to mitigate the removal or the ineffectiveness of the natural range barrier.
	Exemption for fighting out of control fire
	49		A person does not contravene this Act or the regulations by doing or omitting to do something that is reasonably necessary to control a fire, unless the person knows or reasonably ought to know, that an official has declared that the fire is under control.
	Unauthorized range activities
	50	(1)	A person must not cause or permit livestock to be driven on or to graze on Crown range unless
			(a)	authorized to do so under an agreement under the Range Act or under the regulations under this Act, and
			(b)	the person acts in accordance with this Act, the regulations, the standards and any applicable range use plan or range stewardship plan.
		(2)	A person must not cut, remove, damage or destroy hay on Crown range unless
			(a)	authorized to do so under an agreement under the Range Act or the regulations under this Act, and
			(b)	the person acts in accordance with this Act, the regulations, the standards and any applicable range use plan.
	Range developments
	51	(1)	Unless authorized in writing by the minister, a person must not
			(a)	store hay on Crown range, or
			(b)	carry out, construct, modify, remove, damage or destroy a range development on Crown range.
		(2)	A person, other than the holder of an agreement under the Range Act, must obtain the authorization of the minister before maintaining a range development on Crown land.
		(3)	The minister may
			(a)	require a person seeking authorization under this section to submit the matter for which the authorization is sought for review in accordance with prescribed requirements, and for comments by interested parties during the course of the review,
			(b)	grant or refuse the authorization, depending on the outcome of a review required under paragraph (a), and
			(c)	impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security.
		(4)	The minister may grant an authorization under this section only if
			(a)	it is consistent with any range use plans, range stewardship plans and objectives set by government for the area covered by the authorization, and
			(b)	the minister is satisfied that the authorization will adequately provide for the range resources of the area to which it applies.
		(5)	If the minister requires security under subsection (3) (c), the minister may specify
			(a)	when the security must be paid,
			(b)	the amount of security that is required,
			(c)	the form of the security, and
			(d)	the circumstances under which the security may be realized.
		(6)	A person who obtains an authorization under this section must comply with any conditions of the authorization.
		(7)	If the minister determines under section 71 that a person has contravened subsection (1) or (6), the minister may order the person to
			(a)	remove or destroy or remove and destroy the stored hay or the range development,
			(b)	restore the land under the stored hay or the range development, or both, or
			(c)	repair or rehabilitate the range development.
		(8)	If satisfied that a range development is not effective, or is no longer needed for its original purpose, the minister may order the person responsible for the range development to remove it and rehabilitate areas that were affected by it.
		(9)	The minister may revoke or vary an authorization under this section .
Division 2 – Unauthorized Timber Harvesting, Trespass and Tree Spiking
	Unauthorized timber harvesting
	52	(1)	A person must not cut, damage or destroy Crown timber unless authorized to do so
			(a)	under this Act, the Forest Act or an agreement under the Forest Act,
			(b)	by the minister, for silviculture, stand tending, forest health, abating a fire hazard related to wildfires or another purpose,
			(b.1)	under the Wildfire Act,
			(c)	under a grant of Crown land made under the Land Act,
			(d)	under the Park Act, or
			(e)	under the regulations, in the course of carrying out activities
				(i)	under an authorization referred in section 51 or 57, or
				(ii)	that are incidental to or required to carry out activities authorized or approved under this Act, the Forest Act, the Range Act or another prescribed enactment.
		(2)	A person is authorized to cut, damage or destroy Crown timber for the purpose of carrying out a forest practice that is funded under a vote as defined in section 1 of the Financial Administration Act.
		(3)	A person must not remove Crown timber unless authorized to do so
			(a)	under the Forest Act or an agreement under the Forest Act,
			(b)	under a grant of Crown land made under the Land Act, or
			(c)	under the Park Act.
		(4)	If a person, at the direction of or on behalf of another person,
			(a)	cuts, damages or destroys Crown timber contrary to subsection (1), or
			(b)	removes Crown timber contrary to subsection (3),
			that other person also contravenes subsection (1) or (3).
	Authorization for silviculture, stand tending, forest health or another purpose
	52.1	(1)	The minister, in respect of an authorization under section 52 (1) (b), may
			(a)	require the person seeking the authorization to submit the matter for which the authorization is sought for review in accordance with prescribed requirements, and for comments by interested parties during the course of the review,
			(b)	grant or refuse the authorization, depending on the outcome of a review required under paragraph (a) of this subsection, and
			(c)	impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security.
		(2)	If the minister requires security under subsection (1) (c), the minister may specify
			(a)	when the security must be paid,
			(b)	the amount of security that is required,
			(c)	the form of the security, and
			(d)	the circumstances under which the security may be realized.
		(3)	A person who obtains an authorization under section 52 (1) (b) must comply with any conditions of the authorization.
		(4)	The minister may revoke or vary an authorization under section 52 (1) (b).
	Private land adjacent to Crown land
	53	(1)	Before an owner or occupier of private land that is adjacent to Crown land authorizes another person to cut or remove timber from the private land, the owner or occupier must inform that other person of the boundaries of the private land.
		(2)	Before a person cuts or removes timber from private land adjacent to Crown land, the person must ascertain the boundaries of the private land.
	Unauthorized construction and occupation
	54	(1)	A person must obtain the consent of the minister before constructing or occupying a building or other structure on Crown land in a Provincial forest unless the construction or occupation is authorized under another enactment.
		(2)	If the minister determines under section 71 that a person has contravened subsection (1), the minister may order the person to do one or more of the following:
			(a)	remove the building or other structure;
			(b)	destroy the building or other structure;
			(c)	restore the land under the building or other structure.
	Tree spiking prohibited
	55		On private land that is subject to an agreement under the Forest Act or on Crown land, a person must not
			(a)	drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
			(b)	possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
			(c)	solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.
Division 3 – Recreation
	Interpretive forest sites, recreation sites and recreation trails
	56	(1)	The minister may order
			(a)	the establishment of Crown land as an interpretive forest site, a recreation site or a recreation trail except Crown land that is subject to another enactment and is being administered by another minister, branch or agency of government,
				(i)	is in a timber supply area, or
				(ii)	is subject to a tree farm licence, a woodlot licence, a community forest agreement or a timber licence,
			(b)	the variance of the boundaries of an interpretive forest site, a recreation site or a recreation trail, and
			(c)	the disestablishment of an interpretive forest site, a recreation site or a recreation trail.
		(2)	Repealed. [2003-55-31]
		(3)	The minister may establish an objective for an interpretive forest site, recreation site or recreation trail established under subsection (1).
		(4)	An objective established under subsection (1) must be consistent with objectives set by government that pertain to the area.
	Unauthorized trail or recreation facility construction
	57	(1)	Unless authorized in writing by the minister or under another enactment, a person must not
			(a)	construct,
			(b)	rehabilitate, or
			(c)	maintain
			a trail or other recreation facility on Crown land.
		(2)	The minister may impose pre-conditions or conditions of an authorization that the minister considers necessary or desirable, to be met by the person, including, but not limited to, requiring that the person provide security.
		(2.1)	If the minister requires security under subsection (2), the minister may specify
			(a)	when the security must be paid,
			(b)	the amount of security that is required,
			(c)	the form of the security, and
			(d)	the circumstances under which the security may be realized.
		(3)	A person who obtains an authorization under subsection (1) must comply with any conditions of the authorization.
		(4)	If the minister determines under section 71 that a person has contravened subsection (1), the minister may order the person to
			(a)	remove or destroy or remove and destroy the trail or facility, and
			(b)	restore the land underlying the trail or facility.
		(5)	The minister may revoke or vary an authorization granted under this section .
	Protection of recreation and range resources on Crown land
	58	(1)	If the minister determines that it is necessary to protect a recreation or range resource or to manage public recreation use on Crown land, he or she by order may restrict or prohibit
			(a)	a non-recreational use of
				(i)	any of the following established under the Forest Practices Code of British Columbia Act for recreation:
					(A)	a resource management zone;
					(B)	a landscape unit;
					(C)	a sensitive area, or
				(ii)	any of the following that is on Crown land:
					(A)	an interpretive forest site;
					(B)	a recreation site or recreation trail,
				except any non-recreational use permitted under the Coal Act, the Mineral Tenure Act, the Petroleum and Natural Gas Act or the Pipeline Act, or
			(b)	a recreational use anywhere on Crown land, except a use that is specifically permitted under another enactment.
		(2)	The minister may make different orders under subsection (1) for different uses and locations.
		(3)	The minister must post a notice of an order under subsection (1) in the area to which the order applies.
		(4)	Without lawful authority, a person must not remove, alter, destroy or deface a notice posted under subsection (3).
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