Part 3 – Basic Planning and Performance Requirements
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Division 1 – Pre-existing Plans, Prescriptions and Permits
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Extension of forest development plans
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8 |
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The district manager may extend the term of a forest development plan of a participant until December 31, 2005. |
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Pre-existing silviculture prescriptions
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9 |
(1)
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A silviculture prescription must be treated under this regulation as a site level plan referred to in section 16 if the silviculture prescription was
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(a) |
approved by the district manager under section 41 of the Act, or
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(b) |
given effect by the district manager under section 40 of the Act.
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(2)
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Subject to subsection (3), a participant must comply with Part 3 Division 5 when carrying out operations on the area of a site level plan referred to in subsection (1).
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(3)
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In respect of a site level plan referred to in subsection (1), if
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(a) |
the site level plan contains a performance requirement for
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(i) |
a proportion of the cutblock area that may be occupied by permanent access structures that is higher than the proportion specified in section 30 (1),
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(ii) |
a reforestation period that is longer than specified in section 32 (4),
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(iii) |
a stocking requirement that is lower than those specified in section 32 (5), or
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(iv) |
an attribute of a well-growing crop tree that is less restrictive than that specified in section 32 (6), and
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(b) |
the commencement date under section 70 of the Act did not occur before November 15, 2001,
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then the applicable performance requirement under this regulation for the area is that higher proportion, longer period, lower stocking requirement or less restrictive attribute, as the case may be.
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[am. B.C. Reg. 292/2003, Sch. D, s. 4.]
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Pre-existing cutting permits, road permits and road use permits
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10 |
(1)
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A cutting permit, road permit or road use permit that was in effect immediately before the effective date of this regulation must be treated under this regulation as an authorization of the district manager under section 23.
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(2)
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If an
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(a) |
approved road layout and design associated with a cutting permit or road permit referred to in subsection (1), or
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(b) |
approved road deactivation prescription associated with a cutting permit, road permit or road use permit referred to in subsection (1)
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was in effect immediately before the effective date of this regulation, the approved road layout and design or approved road deactivation prescription must be treated under this regulation as a site level plan referred to in section 18.
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Division 2 – Forest Development Plans
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Information required for pre-existing forest development plans
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11 |
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Repealed. (B.C. Reg. 583/2004) |
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Forest development plans required
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12 |
(1)
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Subject to sections 8 and 45, a participant must not harvest timber under an agreement unless
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(a) |
the area to be harvested has been identified in a forest development plan that complies with Schedule B, and
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(b) |
the forest development plan has been approved under this Division.
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(2)
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Subject to sections 8 and 45, the timber sales manager may not enter into a timber sale licence that generates revenue that is credited to the BC Timber Sales Account unless |
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(a) |
the area to be harvested has been identified in a forest development plan that complies with Schedule B, and
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(b) |
the forest development plan has been approved under this Division.
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(3)
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The district manager may exempt a participant from subsection (1) or the timber sales manager from subsection (2) if the district manager determines that |
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(a) |
the only timber to be harvested under the agreement is
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(i) |
the felling and removal of trees to eliminate a safety hazard,
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(ii) |
the felling of trees to facilitate the collection of seed and the proposed harvesting will not result in an opening of greater than 1 ha,
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(iii) |
the removal of trees that have already been felled, from landings and road rights of way,
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(iv) |
the removal of trees from recreation sites or recreation trails, or
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(v) |
the felling and removal of trees that have been or will be treated to facilitate the entrapment of pests, and
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(b) |
there is no road construction required to provide access for harvesting of the timber.
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(4)
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One or more participants may prepare and submit to the district manager for approval a single forest development plan.
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(5)
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A forest development plan referred to in subsection (4) must
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(a) |
identify which participant is responsible for each road and cutblock proposed on the plan, and
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(b) |
contain the signature of each participant who submitted the plan.
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Approval of forest development plans or amendments
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13 |
(0.1)
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A participant who is the holder of a forest development plan
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(a) |
may prepare and submit to the district manager for approval an amendment to the plan at any time, or
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(b) |
if it is a plan to which section 20.2 applies, may amend the plan at any time, in accordance with that section.
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(1)
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The district manager must approve a forest development plan submitted under this Part or an amendment to one if
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(a) |
the plan or the plan as amended was prepared and submitted in accordance with Schedule B, and
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(b) |
the district manager is satisfied that the plan or plan as amended will adequately manage and conserve the forest resources of the area to which it applies.
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(2)
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Before approving a forest development plan or amendment, the district manager may require the participant to submit information that the district manager reasonably requires in order to determine if the plan or amendment complies with subsection (1).
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(3)
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The district manager may not approve a forest development plan or amendment unless
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(a) |
it was prepared and submitted in accordance with Schedule B, and
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(b) |
the district manager is satisfied as set out in subsection (1) (b).
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(4)
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The district manager may make his or her approval of a forest development plan or amendment subject to conditions.
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[am. B.C. Reg. 292/2003, Sch. D, s. 5.]
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Section Repealed
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14 |
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Repealed. [B.C. Reg. 292/2003, Sch. D, s. 6.]
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Term of forest development plans
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15 |
(1)
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A forest development plan approved under this Division for a participant
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(a) |
takes effect on the date specified in the approval, and
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(b) |
expires 2 years after the date specified in the approval.
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(2)
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The district manager may extend the term of a forest development plan referred to in subsection (1) for a period or periods not exceeding one year in total.
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(3)
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If the term of a forest development plan is extended under subsection (2), the participant who prepared the plan must promptly amend the plan as necessary to ensure compliance with this regulation.
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Division 3 – Site Level Planning
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Site level plans required before timber harvesting or reforestation
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16 |
(1)
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The timber sales manager must prepare a site level plan for the following areas of Crown land: |
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(a) |
a cutblock, before the area is harvested under a minor timber sale licence;
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(b) |
an area in which the timber was cut, removed, damaged or destroyed in contravention of section 96 of the Act by a holder of a minor timber sale licence, as soon as is practicable after a determination has been made with respect to the contravention.
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(2)
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A participant who is the holder of an agreement under the Forest Act must prepare a site level plan for the following areas of Crown land:
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(a) |
a cutblock, before the participant harvests timber in the cutblock area;
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(b) |
an area in which the timber was either cut, removed, damaged or destroyed in contravention of section 96 of the Act by the participant, as soon as is practicable after a determination has been made with respect to the contravention;
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(c) |
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 7 (a).]
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(d) |
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 7 (a).]
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(3)
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The district manager may exempt a participant from
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(a) |
subsection (1) (a) or (2) (a) if the area to be harvested in the cutblock does not exceed 2 ha and is not adjacent to an area for which a previous exemption was granted, unless that area has become well-growing, or
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(b) |
subsection (1) (b) or (2) (b) if
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(i) |
the area in which the contravention occurred is less than 1 ha, and
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(ii) |
the district manager considers that a site level plan is not necessary to facilitate the adequate management and conservation of the forest resources on the area.
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(4)
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Repealed. [B.C. Reg. 292/2003, Sch. D, s. 7 (c).]
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[am. B.C. Reg. 292/2003, Sch. D, s. 7.]
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Section Repealed
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17 |
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Repealed. [B.C. Reg. 292/2003, Sch. D, s. 8.]
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Site level plans required before construction, modification or deactivation of roads
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18 |
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A participant must prepare a site level plan for an area in which a road is to be
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(a) |
constructed or modified, or
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(b) |
deactivated
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before commencement of the construction, modification or deactivation, as the case may be.
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Site level plan content
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19 |
(1) |
A participant must ensure that a site level plan referred to in section 16
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(a) |
is signed and sealed by a professional forester,
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(b) |
is consistent with
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(i) |
any forest development plan in effect for the area at the time the site level plan is prepared, or
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(ii) |
if there is no forest development plan in effect for the area,
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(A) |
the sustainable forest management plan in effect at the time the site level plan is prepared, and
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(B) |
the forest operations schedule that applies to the area,
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(c) |
includes a map showing the location of
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(i) |
the cutblock,
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(ii) |
any resource features and mappable reserves in the cutblock, and
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(iii) |
the approximate location of roads in the cutblock,
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(d) |
includes the information the professional forester determines necessary for the professional forester to have reasonable grounds to believe that the participant will comply with Division 5 if forest practices are carried out in accordance with the site level plan, and
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(e) |
is signed by the participant.
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(2)
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A participant must ensure that a site level plan referred to in section 18
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(a) |
is prepared by a qualified registered professional unless, with respect to a site level plan referred to in section 18 (b), the participant has determined that the area has a low likelihood of landslides,
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(b) |
is consistent with
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(i) |
any forest development plan in effect for the area at the time the site level plan is prepared, or
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(ii) |
if there is no forest development plan in effect for the area,
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(A) |
the sustainable forest management plan in effect at the time the site level plan is prepared, and
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(B) |
the forest operations schedule that applies to the area,
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(c) |
includes a map showing the approximate location of the road,
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(d) |
includes the information the preparer determines necessary for the preparer to have reasonable grounds to believe that the participant will comply with Division 5 if the road is constructed or deactivated in accordance with the site level plan, and
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(e) |
is signed by the participant.
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(3)
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A participant may amend a site level plan and, if so, must ensure that the amendment
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(a) |
complies with the relevant requirements of
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(i) |
subsection (1), if it is an amendment to a site level plan referred to in section 16, or
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(ii) |
subsection (2), if it is an amendment to a site level plan referred to in section 18, and
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(b) |
is signed by the participant.
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[am. B.C. Reg. 292/2003, Sch. D, s. 9.]
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Notification of site level plans and of amendments to them
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20 |
(1)
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In this section "site level plan review period" means the 30 day period commencing on the date the district manager receives the notice referred to in subsection (4).
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(2)
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The district manager may specify cutblocks and roads for which, under subsection (4), the participant must give notice of a site level plan associated with the cutblock or road or of an amendment to such a site level plan if the district manager does so by notice given to the participant,
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(a) |
when a forest development plan is approved, or
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(b) |
within 14 days after the participant submits to the district manager the information required after the forest operations schedule is made available for review and comment.
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(3)
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The district manager may establish policies for matters not addressed in Schedules E and F, describing circumstances in addition to those under subsection (2), in which the participant must give notice under subsection (4) if a site level plan or amendment to a site level plan is inconsistent with the policies.
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(4)
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A participant must give notice to the district manager of a site level plan or an amendment to a site level plan if the district manager has required the participant to provide notice of the plan or amendment under
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(a) |
a notice under subsection (2), or
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(b) |
a policy referred to in subsection (3).
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(5)
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At any time during the site level plan review period, the district manager may require a participant to
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(a) |
refer a site level plan or amendment to a site level plan to resource agencies specified by the district manager, and
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(b) |
provide copies of one or more of the assessments, that are related to the site level plan or amendment to the site level plan, to the resource agencies specified by the district manager.
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(6)
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A participant must
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(a) |
review all written comments received from resource agencies during the site level plan review period,
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(b) |
make any revisions to the site level plan or amendment to the site level plan that the participant considers appropriate, and
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(c) |
submit to the district manager
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(i) |
a copy of each written comment received under paragraph (a), and
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(ii) |
a summary of all revisions made under paragraph (b).
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(7)
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If within
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(a) |
5 days after receiving a submission from the participant under subsection (6), or
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(b) |
the site level plan review period if
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(i) |
no referral was requested under subsection (5), or
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(ii) |
no written comments were received by the participant as a result of the referral process,
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the district manager determines that the operations described in the site level plan or amendment to the site level plan will not adequately manage and conserve the forest resources of the area affected by the plan, the district manager may notify the participant in writing that the participant must not carry out on the area under the site level plan
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(c) |
any forest practices, or
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(d) |
one or more specified forest practices.
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(8)
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A notice under subsection (7) must include the rationale for the district manager's determination under that subsection.
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(9)
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A participant who is required to give notice of a site level plan or amendment to a site level plan under this section must not carry out,
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(a) |
if notified by the district manager under subsection (7), the forest practice or forest practices to which the notice applies, until being advised by the district manager that the forest practice or forest practices may proceed, or
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(b) |
in another case, any forest practice on the area that is subject to the site level plan or amendment, until the earlier of
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(i) |
the date of expiry of the period in which the district manager may make a determination under subsection (7), and
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(ii) |
the date of being advised by the district manager that the operations may proceed.
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(10)
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This section does not apply to a site level plan referred to in section 9 but does apply to an amendment to such a site level plan if the site level plan does not contain an applicable performance standard.
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[am. B.C. Reg. 292/2003, Sch. D, s. 10.]
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Amending a site level plan under section 9 that
contains an applicable performance standard
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20.1 |
(1)
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A participant who is the holder of a site level plan referred to in section 9 that contains an applicable performance standard
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(a) |
may prepare and submit to the district manager for approval an amendment to the plan at any time, or
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(b) |
if it is a plan to which section 20.2 applies, may amend the plan at any time, in accordance with that section.
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(2)
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The district manager must approve an amendment to a site level plan under subsection (1) (a) if the district manager is satisfied that the plan as amended will adequately manage and conserve the forest resources of the area to which the plan pertains.
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(3)
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Before approving an amendment under this section, the district manager may require the participant to submit information that the district manager reasonably requires to determine if the amendment complies with subsection (2).
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[en. B.C. Reg. 292/2003, Sch. D, s. 11.]
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Amendments to specified plans that do not require approval
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20.2 |
(1)
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Subject to section 20.3, an approval is not required to amend
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(a) |
a forest development plan, or
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(b) |
a site level plan referred to in section 9 that contains an applicable performance standard
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if the holder of the plan considers that
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(c) |
the proposed amendment does not materially change the intended results or strategies specified in the plan, or
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(d) |
the proposed amendment
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(i) |
will not increase the adverse impact on forest resources, and
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(ii) |
conforms to the circumstances specified in subsection (2).
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(2)
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The circumstances for the purposes of subsection (1) (d) (ii) are:
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(a) |
deletions of previously approved cutblocks or roads, provided that the implementation of the amendment will not deleteriously impact forest health on the area;
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(b) |
changes, as a result of a traverse that was more accurate than the traverse that was previously carried out on an area, in
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(i) |
the location of a cutblock or road, or
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(ii) |
the area of a cutblock after harvesting in the cutblock has been completed;
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(c) |
changes in the year or season of harvest or road building, provided that the timing is not critical to the management of non-timber forest resources;
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(d) |
changes in proposed roads, including temporary roads, provided that the changes maintain the general pattern and intent of proposed road development access;
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(e) |
increases in the size of a cutblock provided that
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(i) |
the amount of the increase does not exceed
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(A) |
1 ha or 25%, whichever is greater, if the cutblock is less than 20 ha, or
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(B) |
10 ha or 25%, whichever is less, if the cutblock is at least 20 ha,
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(ii) |
the cutblock size remains consistent with section 65, and
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(iii) |
none of the area being added to the cutblock as a result of the proposed amendment will result in harvesting within
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(A) |
a riparian management zone of a stream that has a classification of S1, S2, S3 or S4,
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(B) |
a known forest ecosystem network,
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(C) |
a wildlife tree patch,
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(D) |
a known old growth management area, or
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(E) |
a known ungulate winter range;
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(f) |
changes in the silvicultural system from a clearcut system to a partial cut system;
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(g) |
changes to harvesting systems from ground to aerial or cable.
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(3)
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A holder of a forest development plan or a site level plan that is amended under this section must provide a copy of the amendment to the district manager on request.
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(4)
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A holder of a forest development plan or a site level plan who makes an amendment under this section need not make the amendment available for
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(a) |
review, and
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(b) |
comment.
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[en. B.C. Reg. 292/2003, Sch. D, s. 11.]
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District manager actions if amendments wrongly made
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20.3 |
(1)
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The district manager may take the action specified in this section, if
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(a) |
the holder of a forest development plan or a site level plan has made an amendment to the plan under section 20.2 without the approval of the district manager, and
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(b) |
the district manager considers that the determination by the holder that the amendment met the requirements of that section was wrongly made.
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(2)
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The district manager, in a written notice to the holder who made the amendment referred to in subsection (1), may order the holder to suspend any operations on the area that are subject to the amendment to the extent that the operations are materially affected by the amendment.
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(3)
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An order under subsection (2) remains in effect until the earlier of
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(a) |
the approval of the amendment, and
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(b) |
the district manager rescinding the order.
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(4)
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An amendment made under section 20.2 that is subject to an order under subsection (2) is without effect.
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[en. B.C. Reg. 292/2003, Sch. D, s. 11.]
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Where amendments may not be made without approval
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20.4 |
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A holder of a site level plan or forest development plan may not make an amendment to the plan under section 20.2 (1) if
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(a) |
the holder has been subject to an order under section 20.3 (2) and the order remains in effect under section 20.3 (3),
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(b) |
the amendment is with respect to the regeneration date, the free growing assessment period or the stocking requirements,
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(c) |
the amendment increases the limits for the amount of permanent access structures permitted under section 30 (1),
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(d) |
the amendment increases the limits for the amount of soil disturbance specified in the plan, if any, or
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(e) |
the amendment reduces the retention of wildlife trees or wildlife tree patches.
|
[en. B.C. Reg. 292/2003, Sch. D, s. 11.]
|
|
|
Archaeological impact assessment
|
|
21 |
|
A participant must carry out an archaeological impact assessment in accordance with the requirements of the minister responsible for the Heritage Conservation Act before carrying out a forest practice on an area, if the district manager is satisfied that the assessment is necessary to adequately manage and conserve archaeological sites in the area.
|
| |
| |
Division 4 – Authorizations and Variances
|
| |
| |
Authority to commence operations required
|
|
22 |
(1) |
A participant or holder of a minor timber sale licence must not harvest or remove Crown timber or carry out road construction, modification or deactivation operations unless authorized to do so under
|
| |
|
|
(a) |
this regulation,
|
| |
|
|
(b) |
an agreement under the Forest Act, or
|
| |
|
|
(c) |
the Forest Act.
|
| |
| |
|
(2)
|
A participant or holder of a minor timber sale licence must not use a road on Crown land, other than a road that is subject to the Transportation Act, Land Act or Local Government Act, for the purposes of timber harvesting and related purposes unless authorized to do so under this regulation.
|
| |
| |
|
(3)
|
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 12.]
|
[am. B.C. Reg. 292/2003, Sch. D, s. 12.]
|
| |
| |
District manager may authorize timber harvesting and road construction
|
|
23 |
(1) |
Subject to section 23.1, at any time, a participant may submit to the district manager a request for an authorization under this section. |
| |
| |
|
(2)
|
The district manager must not give an authorization for one or more cutblocks and roads unless
|
| |
|
|
(a) |
the cutblock or road was identified in
|
| |
|
|
|
(i) |
a forest development plan in effect for the area, or
|
| |
|
|
|
(ii) |
a forest operations schedule that
|
| |
|
|
|
|
(A) |
complies with section 45, and
|
| |
|
|
|
|
(B) |
was made available for public review and comment in accordance with Schedule C, and
|
| |
|
|
(b) |
the district manager is satisfied that the proposed cutblocks or roads for which the authorization is sought are identified in an acceptable form and scale.
|
| |
| |
|
(3)
|
The district manager may refuse to give an authorization for a cutblock or road if the district manager has reasonable grounds to believe that
|
| |
|
|
(a) |
giving the authorization would infringe a treaty right, or
|
| |
|
|
(b) |
the forest operations proposed in the area of the proposed cutblock or road would not comply with Division 5.
|
| |
| |
| |
Information required before requesting an authorization
|
|
23.1 |
(1) |
Before or at the time of requesting an authorization under section 23 in respect of a cutblock that |
| |
(a) |
is a Category A cutblock |
| |
(i) |
identified in a forest development plan referred to in section 8, and |
| |
(ii) |
for which there is no silviculture prescription described in section 9 (1), or |
| |
|
|
(b) |
is described in section 81 (1) (i) and identified in a forest operation schedule, |
| |
|
a participant, for the purposes of section 32 and Schedule F, must submit written notice to the district manager of whether the participant proposes to reforest an area within the cutblock as a coniferous area, a deciduous area or a mixedwood area. |
| |
| |
(2)
|
After receipt of notice under subsection (1) or (5) the district manager, if satisfied that reforestation as proposed will adequately manage and conserve the forest resources of the area, may approve the proposal. |
| |
| |
(3)
|
If not satisfied that reforestation as proposed will adequately manage and conserve the forest resources of the area, the district manager, within 14 days after receipt of notice under subsection (1) or (5), may |
| |
(a) |
refuse to approve the proposal, and |
| |
(b) |
give notice of the refusal to the participant, giving the reasons for the refusal. |
| |
| |
(4)
|
If the district manager does not, within the time limit of 14 days referred to in subsection (3), |
| |
(a) |
approve the proposal, or |
| |
(b) |
refuse to approve the proposal and give notice of the refusal to the participant, |
| |
|
the participant is deemed on the expiry of that time limit of 14 days to have received the district manager's approval under subsection (2) to the proposal. |
| |
| |
(5)
|
A participant who receives notice under subsection (3) must |
| |
(a) |
modify the participant's proposal under subsection (1) to the satisfaction of the district manager, and |
| |
(b) |
submit the modified proposal to the district manager for approval under subsection (2). |
| |
| |
(6)
|
For the purposes of section 32 and Schedule F, a participant who has received the district manager's approval under subsection (2) must ensure that reforestation is carried out in accordance with the proposal that is the subject of the approval. |
| |
| |
(7)
|
A participant may submit to the district manager an amendment to a proposal under this section and this section applies in respect of the amendment. |
| |
| |
| |
Effect of authorization
|
|
24 |
(1) |
Despite anything to the contrary in an agreement or an authorization, an authorization given under section 23, before or after the coming into force of this section, is effective on the date it is given and expires |
| |
|
|
(a) |
if it is an authorization to harvest a cutblock, on the later to occur of |
| |
|
|
|
(i) |
4 years after the effective date, and |
| |
|
|
|
(ii) |
March 31, 2007, or |
| |
|
|
(b) |
if it is an authorization for a road, when the participant or holder of a minor timber sale licence, as the case may be, has complied with section 31 (2). |
| |
| |
|
(2)
|
Despite subsection (1), if notified by the district manager, a participant must not commence harvesting under an authorization
|
| |
|
|
(a) |
in a block or group of blocks, or
|
| |
|
|
(b) |
in a road right of way
|
| |
|
|
until after the participant submits appraisal data required for the determination of a stumpage rate.
|
| |
| |
|
(3)
|
If satisfied that an extension will not have a deleterious impact on the forest resources in the area to which an authorization to harvest a cutblock pertains, the district manager may grant one or more extensions to the authorization, each for a period not to exceed 2 years, with the first extension beginning on the expiry date referred to in subsection (1) (a) applicable to that authorization. |
| |
| |
|
(4)
|
Repealed. [B.C. Reg. 360/2006] |
[am. B.C. Reg. 292/2003, Sch. D, s. 13; B.C. Reg. 360/2006.]
|
| |
| |
Authority of the district manager to vary a performance requirement
|
|
25 |
(1) |
A participant may submit to the district manager, at any time, a request for a variance under this section.
|
| |
| |
|
(2)
|
A request for a variance must specify all of the following:
|
| |
|
|
(a) |
the area in the pilot project area for which the variance is requested;
|
| |
|
|
(b) |
the requirement of this regulation to which the variance relates;
|
| |
|
|
(c) |
the proposed performance requirement, including whether it is to
|
| |
|
|
|
(i) |
provide relief from a requirement of Division 5,
|
| |
|
|
|
(ii) |
establish an applicable performance standard for the purposes of Division 5, or
|
| |
|
|
|
(iii) |
provide a variance from a performance requirement established under section 42;
|
| |
|
|
(d) |
a rationale for making the request.
|
| |
| |
|
(3)
|
The district manager may give a variance only if satisfied that
|
| |
|
|
(a) |
implementing the variance will adequately manage and conserve the forest resources on the area affected by the application, or
|
| |
|
|
(b) |
the variance is necessary for the safety of the public.
|
| |
| |
|
(4)
|
The district manager may not give a variance to a participant to perform a forest practice that is inconsistent with
|
| |
|
|
(a) |
section 28 (1) (d) or (g) (iv), or
|
| |
|
|
(b) |
section 100 (d) of Schedule F.
|
| |
| |
|
(5)
|
The district manager may make a variance subject to conditions.
|
| |
| |
| |
Compliance with notices, authorizations, conditions and variances
|
|
26 |
|
A participant must comply with any notice, authorization, condition or variance given by the district manager under this regulation.
|
| |
| |
Division 5 – Field Performance Requirements
|
| |
| |
General
|
|
27 |
(1) |
This Division is subject to section 42.
|
| |
| |
|
(2)
|
A participant or holder of a minor timber sale licence does not contravene a requirement of this Division if, with respect to the requirement, the participant is
|
| |
|
|
(a) |
acting in accordance with a variance, or
|
| |
|
|
(b) |
carrying out fire control or suppression in accordance with the Act and the regulations.
|
| |
| |
|
(3)
|
Subject to subsection (1) and (2), this Division applies to any forest practice carried out on the pilot project area by a participant or holder of a minor timber sale licence and includes areas where harvesting or road construction or modification began on or after November 15, 2001.
|
| |
| |
| |
General constraints on forest practices
|
|
28 |
(1) |
A participant or holder of a minor timber sale licence who carries out a forest practice on an area must ensure that the forest practice
|
| |
|
|
(a) |
is consistent with any sustainable forest management plan, forest development plan and site level plan,
|
| |
|
|
(b) |
does not result in any of the following:
|
| |
|
|
|
(i) |
the felling or modifying of trees in an area that is
|
| |
|
|
|
|
(A) |
a riparian reserve zone except at a stream crossing for a road, or
|
| |
|
|
|
|
(B) |
a reserve identified in a site level plan;
|
| |
|
|
|
(ii) |
damage to any resource feature;
|
| |
|
|
|
(iii) |
equipment fueling and servicing fluids damaging forest resources;
|
| |
|
|
|
(iv) |
the harvesting of areas adjacent to areas that are not greened-up except as permitted under Schedule E,
|
| |
|
|
(c) |
if the area is a known scenic area, is consistent with any established visual quality objectives for the area,
|
| |
|
|
(d) |
if the area is a known wildlife habitat area, is consistent with known general wildlife measures that are
|
| |
|
|
|
(i) |
established for application in the wildlife habitat area, and
|
| |
|
|
|
(ii) |
made available to the participant by the district manager or designated environmental official at the time the wildlife habitat area is made known,
|
| |
|
|
(e) |
conserves the soil by
|
| |
|
|
|
(i) |
maintaining slope stability,
|
| |
|
|
|
(ii) |
maintaining surface drainage patterns, and
|
| |
|
|
|
(iii) |
minimizing surface soil erosion,
|
| |
|
|
(f) |
protects the productive capacity of harvested areas, by
|
| |
|
|
|
(i) |
sustaining soil productivity,
|
| |
|
|
|
(ii) |
rehabilitating compacted areas, and
|
| |
|
|
|
(iii) |
rehabilitating areas occupied by access structures if the rehabilitation is necessary to sustain soil productivity, and
|
| |
|
|
(g) |
protects water quality, water quantity, fish and fish habitat by
|
| |
|
|
|
(i) |
maintaining shade over known temperature sensitive streams,
|
| |
|
|
|
(ii) |
providing for safe passage of fish in streams for the purposes of spawning, rearing or migration,
|
| |
|
|
|
(iii) |
maintaining fisheries-sensitive zones,
|
| |
|
|
|
(iv) |
complying with any timing windows and measures established by a designated environmental official to adequately manage and conserve aquatic resources that apply to forest practices in and around streams, unless relieved of that requirement by the designated environmental official,
|
| |
|
|
|
(v) |
protecting stream bank and stream channel stability, including minimizing or mitigating stream bank and stream channel disturbances at any crossing or immediately upstream or downstream from that crossing,
|
| |
|
|
|
(vi) |
minimizing sediment entering into streams, and
|
| |
|
|
|
(vii) |
protecting the structural integrity of any associated road and drainage structures.
|
| |
| |
|
(2)
|
A participant or holder of a minor timber sale licence who
|
| |
|
|
(a) |
carries out a forest practice, and
|
| |
|
|
(b) |
knows that the carrying out of that forest practice contravenes subsection (1)
|
| |
|
|
must take reasonable measures to mitigate any damage to the environment resulting directly or indirectly from that contravention.
|
| |
| |
|
(3)
|
Subsection (1) (f) (i) does not apply to an area to which section 30.1 pertains.
|
[am. B.C. Reg. 292/2003, Sch. D, s. 14.]
|
| |
| |
Stand level biodiversity
|
|
29 |
(1) |
A participant must ensure that the total area in cutblocks that is occupied by wildlife trees or wildlife tree patches is
|
| |
|
|
(a) |
at least the total area in cutblocks specified in the applicable performance standard for wildlife tree or wildlife tree patches, or
|
| |
|
|
(b) |
if there is not an applicable performance standard, for each calendar year, at least 4% of the total area of the cutblocks in which harvesting was completed during the calendar year.
|
| |
| |
|
(2)
|
A participant must ensure that the total amount of coarse woody debris located on cutblocks in which harvesting is complete is
|
| |
|
|
(a) |
at least the total amount for cutblocks specified in the applicable performance standard for retention of coarse woody debris, or
|
| |
|
|
(b) |
if there is not an applicable performance standard, for each calendar year, at least 50% of the estimated total amount of pre-harvest coarse woody debris remains among the cutblocks in which harvesting was completed that year.
|
| |
| |
| |
Permanent access structures
|
|
30 |
(1) |
At the end of timber harvesting operations in a cutblock, a participant or holder of a minor timber sale licence must not cause the proportion of the cutblock area occupied by permanent access structures to exceed
|
| |
|
|
(a) |
the applicable performance standard, or
|
| |
|
|
(b) |
if there is no applicable performance standard, 7% of the total cutblock area.
|
| |
| |
|
(2)
|
A participant or holder of a minor timber sale licence, at the conclusion of using a permanent access structure that was constructed by the participant or holder, must deactivate the permanent access structure.
|
| |
| |
| |
Soil disturbance for specified site level plans
|
|
30.1 |
|
A participant or holder of a minor
timber sale licence who
|
| |
|
|
(a) |
is the holder of a site level plan referred to
in section 9 for an area for which subsection (3) of that section does not
apply, and
|
| |
|
|
(b) |
carries out a forest practice on the area
|
| |
|
|
must not exceed the maximum amount of soil
disturbance within the net area to be reforested that is specified in the site
level plan for the area.
|
[en. B.C. Reg. 292/2003, Sch. D, s. 15.]
|
| |
| |
Roads
|
|
31 |
(1) |
A participant or holder of a minor timber sale licence who constructs a road must ensure that the road adequately provides for safe usage by the types and levels of traffic for which the road was intended.
|
| |
| |
|
(2)
|
A participant or holder of a minor timber sale licence who
|
| |
|
|
(a) |
constructs or modifies a road, or
|
| |
|
|
(b) |
is authorized to use a road that is not subject to another authorization or permit
|
| |
|
|
must maintain the road until
|
| |
|
|
(c) |
it is deactivated, or
|
| |
|
|
(d) |
the district manager notifies the participant or holder of a minor timber sale licence that the road is required by others and that use will preclude permanent deactivation.
|
| |
| |
|
(3)
|
A participant or holder of a minor timber sale licence may
|
| |
|
|
(a) |
use a road that was constructed or modified by another participant, and
|
| |
|
|
(b) |
for a road referred to in paragraph (a), enter into agreements with that participant for road maintenance and deactivation of that road.
|
| |
| |
| |
Reforestation
|
|
32 |
(1) |
In this section:
|
| |
| |
|
|
"commencement date" means the date of
|
| |
|
|
(a) |
the commencement of harvesting in the cutblock, other than harvesting associated with roads and landings,
|
| |
|
|
(b) |
the determination for areas in which there was a contravention of section 96 of the Act,
|
| |
|
|
(c) |
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 16 (a).]
|
| |
|
|
(d) |
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 16 (a).]
|
| |
| |
|
|
"overtopping vegetation" means vegetation that is
|
| |
|
|
(a) |
taller than the crop tree,
|
| |
|
|
(b) |
within 1 m of the trunk of the crop tree, and
|
| |
|
|
(c) |
impedes the growth of the crop tree.
|
| |
| |
|
(2)
|
Despite subsection (1), a participant is not required to reforest an area if the district manager
|
| |
|
|
(a) |
has exempted the participant from the requirement to prepare a site level plan, or
|
| |
|
|
(b) |
determines that the nature and extent of harvesting operations on the area is limited to
|
| |
|
|
|
(i) |
minor salvage operations, or
|
| |
|
|
|
(ii) |
minor harvesting operations.
|
| |
| |
|
(3)
|
A participant, in accordance with this section and Schedule F, must reforest
|
| |
|
|
(a) |
harvested areas if the participant is responsible for the harvesting or for authorizing the harvesting,
|
| |
|
|
(b) |
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 16 (b).]
|
| |
|
|
(c) |
Repealed. [B.C. Reg. 292/2003, Sch. D, s. 16 (b).]
|
| |
|
|
by establishing, during the reforestation period, a well-growing stand of crop trees that meets or exceeds the stocking requirements for the area.
|
| |
| |
|
(4)
|
For the purposes of subsection (3), the reforestation period is the period determined by moving forward from the commencement date
|
| |
|
|
(a) |
the number of years specified in the applicable performance standard, or
|
| |
|
|
(b) |
if there is no applicable performance standard, 15 years.
|
| |
| |
|
(5)
|
For the purposes of subsection (3), the stocking requirements are that the stand of trees includes
|
| |
|
|
(a) |
if the silvicultural system is other than single tree selection, at least the minimum number of well-growing trees
|
| |
|
|
|
(i) |
specified in the applicable performance standard, or
|
| |
|
|
|
(ii) |
if there is no applicable performance standard,
|
| |
|
|
|
|
(A) |
for coniferous areas and deciduous areas, determined in accordance with Table A in Schedule F, and
|
| |
|
|
|
|
(B) |
for mixedwood areas, established by the district manager, and
|
| |
|
|
(b) |
if the silvicultural system is single tree selection, for at least one layer of the stand, at least the minimum number of well growing crop trees
|
| |
|
|
|
(i) |
specified in the applicable performance standard, or
|
| |
|
|
|
(ii) |
if there is no applicable performance standard, established by the district manager.
|
| |
| |
|
(6)
|
For the purposes of subsection (3), a well-growing crop tree must
|
| |
|
|
(a) |
have achieved the minimum height for its species
|
| |
|
|
|
(i) |
specified in the applicable performance standard, or
|
| |
|
|
|
(ii) |
if there is no applicable performance standard, determined in accordance with Table A of Schedule F,
|
| |
|
|
(b) |
for coniferous areas, other than those described in paragraph (c), have no overtopping vegetation unless otherwise specified in the applicable performance standard,
|
| |
|
|
(c) |
for coniferous areas in which a brushing treatment has been carried out, have no overtopping vegetation as assessed at least
|
| |
|
|
|
(i) |
2 years following a chemical brushing treatment, or
|
| |
|
|
|
(ii) |
3 years following a manual brushing treatment
|
| |
|
|
|
unless otherwise specified in the applicable performance standard,
|
| |
|
|
(d) |
be at least the following distance apart from the nearest crop tree:
|
| |
|
|
|
(i) |
the applicable performance standard, or
|
| |
|
|
|
(ii) |
if there is no applicable performance standard, then
|
| |
|
|
|
|
(A) |
1.5 m for coniferous areas,
|
| |
|
|
|
|
(B) |
0.5 m for deciduous areas, and
|
| |
|
|
|
|
(C) |
0.75 m for mixedwood areas, and
|
| |
|
|
(e) |
have been growing on the area for a period of time that is at least
|
| |
|
|
|
(i) |
the specified applicable performance standard, or
|
| |
|
|
|
(ii) |
if there is no applicable performance standard, 9 years from the commencement of harvesting.
|
| |
| |
|
(7)
|
Before establishing standards under subsection (5), the district manager must consult with the participants.
|
| |
| |
|
(8)
|
A participant who is required to reforest a cutblock must carry out silviculture regimes that
|
| |
|
|
(a) |
are designed to achieve target stocking specified in the applicable performance standard, or
|
| |
|
|
(b) |
if there is no applicable performance standard, are consistent with achieving the values for managed stand yield tables used by the chief forester in making the most recent annual allowable cut determination for the Fort St. John timber supply area.
|
| < |
