Statutes and Regulations

Regulations – Forest and Range Practices Act

WOODLOT LICENCE PLANNING AND PRACTICES REGULATION
B.C. Reg. 21/2004

Last Amendment: B.C. Reg. 268/2007


*Contents*
Section
PART 1 – INTERPRETATION
	1	Definitions
	2	Application and interpretation
	3	Damage to the environment
	4	Authorization to cut

PART 2 – WOODLOT LICENCE PLANS
	Division 1 – General
	5	Exemptions from woodlot licence plan
	6	Term of woodlot licence plan
	Division 2 – Woodlot Licence Plan Content
	7	Woodlot licence plan area
	8	Mapping and information
	9	Established objectives
	10	Results or strategies not required
	11	Wildlife tree retention strategy required
	12	Stocking information for specified areas
	13	Alternative performance requirements
	14	Invasive plants
	15	Natural range barriers
	16	Signature
	Division 3 – Review and Comment
	17	Review and comment
	Division 4 – Approvals and Amendments
	18	Minister's consideration of woodlot licence plan
	19	Emergency Approval
	20	Minor amendments that require approval
	21	Minor amendments that do not require approval
	22	Minor amendments wrongly made
	23	Mandatory amendments

PART 3 – PRACTICE REQUIREMENTS
	Division 1 – Soils
	24	Soil disturbance limits
	25	Permanent access structure limits
	26	Landslides
	27	Gully processes
	28	Natural surface drainage patterns
	29	Revegetation
	Division 2 – Timber and Forest Health
	30	Modification of insect behaviour
	31	Use of livestock
	32	Use of seed
	33	Pre-harvest mapping
	34	Free growing stands
	35	Conforming to stocking standards
	35.1	Requirements if free growing stand cannot be established
	Division 3 – Riparian Areas
	36	Stream riparian classes
	36.1	Requirements if free growing stand cannot be established – Repealed
	37	Wetland riparian classes
	38	Lake riparian classes
	39	Restrictions in a riparian reserve zone
	40	Restrictions in a riparian management zone
	41	Lakeshore management zones
	42	Temperature sensitive streams
	43	Stream crossings
	44	Fish passage
	45	Protection of fish and fish habitat
	46	Use of livestock in riparian areas
	Division 4 – Watersheds
	47	Protecting water quality
	48	Licensed waterworks
	49	Excavated or bladed trails
	50	Roads in a community watershed
	51	Use of fertilizers
	Division 5 – Biodiversity
	52	Wildlife tree retention
	53	Restriction on harvesting
	54	Coarse woody debris
	Division 6 – General
	55	General wildlife measures
	56	Resource features and wildlife habitat features
	57	Fisheries sensitive watershed objectives
	57.1	Protection of fish habitat in fisheries sensitive watersheds
	58	Water quality objectives
	58.1	Safeguards for water through licensed waterworks in community watersheds
	59	Visual quality objectives
	59.1	Objectives set by government for visual quality
	60	Recreation objectives

PART 4 – ROADS
	61	Roads and associated structures
	62	Design of bridges
	63	Peak flow
	64	Structural defects
	65	Culvert fabrication
	66	Retaining information
	67	Clearing widths
	68	Road maintenance
	69	Requirements where exempted
	70	Wilderness roads
	71	Road deactivation
	72	Hazard warning
	73	Notice - road in community watershed

PART 5 – NOTIFYING AND REPORTING TO GOVERNMENT
	74	Notification of timber harvesting and road construction
	75	Surveys
	76	Annual reports

PART 6 – EXEMPTIONS AND RELIEF FROM OR FUNDING OF OBLIGATIONS
	Division 1 – Exemptions
	77	Limited exemption from compliance
	78	Minister may grant exemptions
	79	Exemptions by minister responsible for the Wildlife Act
	Division 2 – Relief from or Funding of Obligations
	80	Payment of expenses
	81	Transfer of obligations
	82	Government assumption of obligations
	83	Relief or funding
	84	Declarations

PART 7 – ORDERS, ADMINISTRATIVE PENALTIES AND OFFENCES
	Division 1 – Orders
	85	Power to impose conditions – Repealed
	86	Process respecting orders and exemptions
	87	Intervention orders – Repealed
	88	Compliance
	Division 2 – Administrative Penalties and Offences
	89	Administrative penalties
	90	Offences
	91	Offences respecting alternative performance requirements
	92	Offences respecting failure to comply with a condition – Repealed

PART 8 – DELEGATION AND SUBDELEGATION
	93	Minister of Forests' delegation – Repealed
	94	Minister of Water, Land and Air Protection's delegation – Repealed

PART 9 – TRANSITION
	95	Preparing a forest development plan for a transitional period after December 31, 2004 – Repealed
	96	Applying for cutting permits and road permits for a transitional period after December 31, 2005 – Repealed
	97	Application of Code to forest development plans

SCHEDULE 1 – FACTORS
SCHEDULE 2 – FISHERIES SENSITIVE WATERSHEDS

PART 1 - INTERPRETATION

Definitions

(1)

Unless otherwise indicated, words and expressions not defined in this regulation have the meaning given to them in section 1 [definitions] of the Forest Planning and Practices Regulation.

(2)

In this regulation:

"alternative performance requirement" means an alternative performance requirement described in section 13 (1) [alternative performance requirements] that is proposed in a woodlot licence plan;

"biogeoclimatic ecosystem classification" means a hierarchical classification system of ecosystems as described in the Ministry of Forests' publication, Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time;

"commencement date", subject to section 34 (4) [free growing stands], means

(a)

for an area harvested under a cutting permit where a woodlot licence holder is required to establish a free growing stand, the date timber harvesting, excluding road and landing construction, begins on the area,

(b)

for an area where a woodlot licence holder harvests Crown timber in contravention of section 52 [unauthorized timber harvesting] of the Act, the date the contravention begins, or

(c)

for private land subject to the woodlot licence where a woodlot licence holder harvests timber without authorization, the date the timber harvesting begins;

"cutblock" means an area within which a woodlot licence holder is authorized to harvest timber, as identified in a cutting permit;

"free growing date" means the date, measured from the commencement date, by which a free growing stand must be established on an area;

"harvesting of bark beetle infested timber" means harvesting timber that

(a)

is infested with larvae or adult bark beetles,

(b)

has been recently killed by bark beetles, or

(c)

must be removed incidentally to facilitate the removal of timber described in paragraphs (a) and (b);

"intermediate cuttings" means

(a)

the harvesting of timber if

(i)

the harvesting takes place before the final harvest or regeneration cut, and

(ii)

the majority of the pre-harvest stand volume is not removed, or

(b)

the harvesting of bark beetle infested timber by harvesting scattered trees, small clumps of trees or for access trails required to harvest the timber;

"net area to be reforested" means, for the purpose of section 29 (3) [free growing stands] of the Act, the portion of a cutblock in which harvesting has occurred that is not occupied by permanent access structures;

"regeneration date" means the date, measured from the commencement date, by which a stand being established on the net area to be reforested must conform to the requirements of section 35 (1) [conforming to stocking standards];

"riparian class" means the riparian class of a stream, wetland or lake as determined under Division 3 [Riparian areas] of Part 3 [Practice requirements];

"riparian management zone" means an area described under Division 3 [Riparian areas] of Part 3 [Practice requirements] that is established to protect the riparian reserve zone;

"riparian reserve zone" means an area described under Division 3 [Riparian areas] of Part 3 [Practice requirements] that is established to conserve riparian values within the area;

"sensitive soil" means an area with one or both of the following:

(a)

a slope of greater than 60%;

(b)

indicators of potential slope instability;

"single tree selection" means a silvicultural system in which age classes are created or maintained by the removal, uniformly throughout the stand, of individual trees of all size classes;

"soil disturbance" means an area within a cutblock that is occupied by one or more of the following:

(a)

an unrehabilitated temporary access structure;

(b)

gouges, ruts or scalps that are outside of a temporary access structure;

(c)

a compacted area;

"wildlife tree retention area" means an area for retention of wildlife trees specified in a woodlot licence plan;

"woodlot licence holder" means a person who holds a woodlot licence issued under the Forest Act.

Application and interpretation

(1)

Subject to section 82 [government assumption of obligations], this regulation applies only to a woodlot licence holder, and the holder's employee, agent, contractor or subcontractor, who is carrying out an activity on or in relation to

(a)

the area for which the woodlot licence has been issued, or

(b)

an area identified in a road permit that provides access to the area referred to in paragraph (a).

(2)

This regulation does not apply to a person who is authorized to carry out a forest practice that is

(a)

funded under a vote as defined in section 1 of the Financial Administration Act, and

(b)

administered under the Forest Investment Account, under the Financial Administration Act.

(3)

Unless this regulation specifically provides otherwise, the Forest Planning and Practices Regulation,

except for section 1.2,

does not apply to a person referred to in subsection (1).

(4)

Division 6 [General] of Part 3 [Practice requirements] and section 41 [lakeshore management zones] do not apply to any forest practice carried out on an area that is subject to a cutting permit or road permit that was in effect on the date the feature, objective, site, trail or measure under that Division or section was identified or established.

(5)

Subject to subsection (6), the following sections do not apply to private land in a woodlot licence area that is subject to a woodlot licence issued before June 15, 1995:

(a)

the sections referred to in subsection (4);

(b)

section 52 [wildlife tree retention];

(c)

section 54 [coarse woody debris].

(6)

If the management plan for a woodlot licence issued before June 15, 1995 contains commitments respecting the subject matter described in subsection (5), the provision of this regulation that applies to that subject matter applies to the private land.

(7)

A reference to distance in respect to riparian management zones and riparian reserve zones, and in Division 4 [Watersheds] of Part 3 [Practice requirements], is a reference to the slope distance.

(8)

A power or duty of a minister under this regulation must be exercised in accordance with section 86 [process respecting orders and exemptions], including where reference is made to an order of a minister.

(9)

This regulation does not apply to a person who is authorized to carry out a forest practice that is A person is exempt from

(a)

a requirement of Parts 3 and 4 of this regulation, or

(b)

an obligation under section 29, 47 or 48 of the Act.

as necessary to allow the person to conform to the Workers Compensation Act and the regulations under that Act.

(10)

Until June 1, 2005, this regulation and the standards and objectives made under it apply immediately, despite section 16 (2) of the Act, to a woodlot licence plan.

Damage to the environment

(1)

For the purpose of section 46 (1) [protection of the environment]

and (1.1)

of the Act, "damage" means any of the following that adversely alters an ecosystem:

(a)

a landslide;

(b)

a gully process on the Coast;

(c)

a fan destabilization on the Coast;

(d)

soil disturbance;

(e)

the deposit into a stream, wetland or lake of

(i)

a petroleum product,

(ii)

a fluid used to service industrial equipment, or

(iii)

any other similar harmful substance;

(f)

a debris torrent that enters a fish stream;

(g)

changes to soil.

(2)

A person who is carrying out fire control or suppression in accordance with an enactment is exempt from section 46 of the Act.

Authorization to cut

(1)

This regulation is a prescribed enactment for the purposes of section 52 (1) (e) (ii) of the Act.

(2)

A woodlot licence holder may cut, damage or destroy Crown timber as necessary for the purpose of carrying out silviculture treatments, stand tending treatments or forest health treatments.

PART 2 - WOODLOT LICENCE PLANS

Division 1 - General

Exemptions from woodlot licence plan

(1)

A woodlot licence holder is exempt from the requirement under section 12 [woodlot licence plan required] of the Act to prepare a woodlot licence plan if timber harvesting or road construction is

(a)

limited to a purpose described in section 4 (1) [exemption from forest stewardship plans] of the Act, or

(b)

authorized under another enactment, or is ancillary to the carrying out of an activity that is authorized under another enactment.

(2)

The minister may exempt a woodlot licence holder from the requirement under section 12 of the Act to prepare a woodlot licence plan if the minister is satisfied that timber harvesting or road construction is consistent with the objectives set by government.

(3)

For the purpose of section 12 (3) of the Act, the minister may authorize a woodlot licence holder to obtain a cutting permit, a road permit, or both, to enable the holder to harvest timber

(a)

damaged by natural causes, or

(b)

to address conditions created by persons other than the woodlot licence holder.

(4)

Section 17 [review and comment] does not apply to a woodlot licence holder who

(a)

is exempt under subsection (1),

(b)

has been exempted under subsection (2), or

(c)

has been authorized under subsection (3).

(5)

The minister may, by written notice, require a woodlot licence holder to

(a)

publish a notice in a newspaper, in a form acceptable to the minister,

(b)

provide a copy of a map describing the nature and extent of the proposed harvesting or road construction to any persons specified by the minister, and

(c)

after a period of at least 5 days from the date of publication under paragraph (a), submit to the minister

(i)

a copy of any written comments received in respect of the notice and map described in paragraphs (a) and (b), and

(ii)

any changes to the proposed timber harvesting or road construction the woodlot licence holder intends to make as a result of the written comments.

Term of woodlot licence plan

(1)

A woodlot licence holder who prepares a woodlot licence plan is exempt from the requirement of a 10 year term under section 14 (1) (a) [term of woodlot licence plan] of the Act, if

(a)

the remaining term of the woodlot licence is less than 10 years, or

(b)

the minister is satisfied that the woodlot licence holder cannot reasonably plan for a period of 10 years due to reasons beyond the control of the holder.

(2)

Despite the expiry of a woodlot licence plan, a woodlot licence holder must

(a)

establish a free growing stand on a cutblock in accordance with the plan as if it had not expired, and

(b)

otherwise act in accordance with the plan as if it had not expired, if the holder

(i)

is issued a cutting permit or a road permit before the expiry, and

(ii)

harvests timber from an area under the permit.

Division 2 - Woodlot Licence Plan Content

Woodlot licence plan area

A woodlot licence holder must ensure that the holder's woodlot licence plan addresses the entire woodlot licence area, unless the minister is satisfied that a smaller area is sufficient because no timber harvesting or road construction will take place on the area not being addressed.

Mapping and information

(1)

Unless exempted under subsection (2), a woodlot licence holder must include in the holder's woodlot licence plan, for the area required to be addressed in the plan under section 7 [woodlot licence plan area], information and maps that describe or identify the following:

(a)

the forest cover;

(b)

topography;

(c)

the location and riparian class of streams, wetlands and lakes shown on government-endorsed

(i)

forest cover maps,

(ii)

terrain resource inventory maps, and

(iii)

fish and fish habitat inventory maps;

(d)

any of the streams identified in paragraph (c) that are fish streams;

(e)

the biogeoclimatic ecosystem classification of the area, to the subzone level;

(f)

public utilities on Crown land including

(i)

transmission lines,

(ii)

gas and oil pipelines, and

(iii)

railways;

(g)

resource management zones, landscape units and sensitive areas that are continued or established under the Land Act;

(h)

wildlife habitat areas;

(i)

scenic areas;

(j)

ungulate winter ranges;

(k)

community watersheds or fisheries sensitive watersheds;

(l)

community and domestic water supply intakes that are licensed under the Water Act and any related water supply infrastructures;

(m)

contiguous areas of sensitive soils;

(n)

existing roads;

(o)

temporary or permanent barricades to restrict vehicle access;

(p)

private property within or adjacent to the woodlot licence area;

(q)

resource features other than wildlife habitat features, archaeological sites, and domestic water supply intakes licensed under the Water Act.

(2)

The minister may exempt a woodlot licence holder from subsection (1) (b), (e) or (h).

(3)

A woodlot licence holder must describe in the holder's woodlot licence plan areas where timber harvesting will be avoided or modified during the term of the plan for the following reasons:

(a)

to protect resource features;

(b)

to address the interests of private property owners or aboriginal peoples;

(c)

to manage resource values including specifying retention of trees in riparian management zones;

(d)

to address areas described in subsection (1) (g) to (k).

(4)

If a stream, wetland or lake was not identified or was incorrectly classified in subsection (1) (c), the riparian reserve zone and riparian management area have widths as determined under Division 3 [Riparian areas] of Part 3 [Practice requirements].

(5)

If a biogeoclimatic ecosystem classification was not identified or was incorrectly classified in subsection (1) (e), the biological ecosystem classification is as described in the Ministry of Forests' publication, Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time.

Established objectives

(1)

For the purpose of section 13 (1) (b) (i) [content of woodlot licence plan] of the Act, the objectives set by government are as follows:

(a)

maintaining or enhancing an economically valuable supply of commercial timber from the woodlot licence area;

(b)

conserving the productivity and the hydrologic function of soils;

(c)

conserving within riparian areas, at the landscape level, water quality, fish habitat, wildlife habitat and biodiversity;

(d)

conserving and protecting cultural heritage resources that are

(i)

the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and

(ii)

not regulated under the Heritage Conservation Act;

(e)

subject to section 52 (1) [wildlife tree retention], any land use objective.

(2)

For the purpose of section 13 (1) (b) (ii) of the Act, the following objectives apply:

(a)

any fisheries sensitive watershed objective or water quality objective established for a watershed within which the woodlot licence area is located;

(b)

subject to subsection (3), conserving sufficient wildlife habitat in terms of amount of area and distribution of areas, and attributes of those areas for

(i)

the winter survival of specified ungulate species,

(ii)

the survival of a species at risk, and

(iii)

the survival of a species of regionally important wildlife.

(3)

A woodlot licence holder required to prepare a woodlot licence plan must act in a manner consistent with the objective stated under subsection (2) (b) only if the

minister responsible for the Wildlife Act

notifies the holder of the applicable

(a)

species referred to in subsection (2) (b), and

(b)

indicators of the amount, distribution and attributes of necessary wildlife habitat described in subsection (2) (b).

(4)

On or after December 31, 2004, a notice described in subsection (3) must be given at least 4 months before the woodlot licence plan is submitted for approval.

Results or strategies not required

For the purpose of section 13 (1) (b) [content of woodlot licence plan] of the Act, a woodlot licence holder is not required to specify a result or strategy in relation to the following:

(a)

any objective listed in section 9 (1) or (2) [established objectives], except that described in section 9 (1) (d);

(b)

an objective for an interpretive forest site, recreation site or recreation trail;

(c)

a wildlife habitat area objective;

(d)

an ungulate winter range objective;

(e)

a lakeshore management zone objective;

(f)

a visual quality objective.

Wildlife tree retention strategy required

For the purpose of section 52 (2) [wildlife tree retention], a woodlot licence holder must specify in the holder's woodlot licence plan a wildlife tree retention strategy that describes

(a)

generally, the species and characteristics of individual wildlife trees,

(b)

generally, the forest cover attributes of wildlife tree retention areas,

(c)

the conditions under which individual wildlife trees may be removed,

(d)

the conditions under which trees may be removed from within a wildlife tree retention area, and

(e)

how trees removed under subparagraphs (c) and (d) will be replaced.

Stocking information for specified areas

A woodlot licence holder must specify in the holder's woodlot licence plan stocking standards for areas referred to in section 34 (3) [free growing stands].

Alternative performance requirements

(1)

A woodlot licence holder may propose in a woodlot licence plan an alternative performance requirement that specifies in relation to the plan

(a)

an amount of soil disturbance for the purposes of section 24 (1) (a),

(b)

an area for occupation by permanent access structures for the purposes of sections 25 (1) (a), (2) (a) or (3) (a),

(c)

the stocking standards, regeneration date and free growing date for the purposes of section 35 (1) (a),

(d)

the minimum riparian management area width, riparian reserve zone width and riparian management zone width for the purposes of one or more of section 36 (4) (a), 37 (3) (a) or 38 (2) (a),

(e)

the circumstances in which cutting, modification or removal of trees may occur in a riparian reserve zone for the purposes of section 39 (1),

(f)

the circumstances in which road construction may occur in a riparian management zone for the purposes of section 40 (1) (a),

(g)

the proportion of the woodlot licence area that may consist of wildlife tree retention areas for the purposes of section 52 (1) (b),

(h)

the quantity of logs to be retained for the purposes of section 54 (1) (a), and

(i)

the measures that relate to measures features for the purposes of section 56 (1) (a).

(2)

In proposing an alternative performance requirement under subsection (1), a woodlot licence holder must

(a)

specify in the holder's woodlot licence plan the provision to which the alternative performance requirement relates,

(b)

specify in the holder's woodlot licence plan the location to which the alternative performance requirement is applicable, and

(c)

submit to the minister a rationale for how the alternative performance requirement is consistent with the criteria described in section 9, if any, to which the alternative performance requirement relates.

Invasive plants

For the purpose of section 47 [invasive plants] of the Act, a woodlot licence holder must, subject to section 78 (1), specify measures in the holder's woodlot licence plan to prevent the introduction or spread of species of plants prescribed in the Invasive Plants Regulation, if the introduction or spread is likely to be the result of the holder's forest practices.

Natural range barriers

For the purpose of section 48 [natural range barriers] of the Act, a woodlot licence holder must, subject to section 78 (1) [minister may grant exemptions], specify measures in the holder's woodlot licence plan to mitigate the effect of removing or rendering ineffective natural range barriers.

Signature

Despite section 13 (4) [content of woodlot licence plan] of the Act, a woodlot licence plan may be signed by a person who is authorized by the woodlot licence holder to sign the plan on behalf of the holder.

Division 3 - Review and Comment

Review and comment

(1)

For the purpose of section 18 [review and comment] of the Act, before submitting a woodlot licence plan for approval, a woodlot licence holder must

(a)

publish a notice in a newspaper, in a form acceptable to the minister, and

(b)

if required by the minister, refer a copy of the plan, or a portion of the plan, to

(i)

any agency of government,

(ii)

any agency of Government of Canada, or

(iii)

a person specified by the minister.

(2)

In respect to an amendment for which an approval is required under section 15 [amendments to a woodlot licence plan] or 16 [approval of woodlot licence plan and amendment] of the Act, the minister may exempt a woodlot licence holder from the requirement to publish a notice under subsection (1) (a) if the minister is satisfied that the proposed amendment will not affect others in a material way.

(3)

A woodlot licence holder who publishes a notice or refers a copy of the plan under subsection (1) must provide opportunity for review and comment to persons interested or affected by operations under the plan for a period of

(a)

if the plan is to address an emergency, at least 5 days from the first date of publication,

(b)

if the minister determines that a period of more than 30 days is required to provide adequate opportunity for review, the time specified by the minister, or

(c)

in any other case, 30 days from the first date of publication.

(3.1)

A woodlot licence holder who publishes a notice or refers a copy of the plan under subsection (1) must, for the period referred to in subsection (3), make reasonable efforts to meet with first nation groups affected by the plan to discuss the plan or amendment.

(4)

A woodlot licence holder must review all written comments in respect of the holder's plan received during the period of review specified under subsection (3), and make any revisions to the plan that the holder considers appropriate.

(5)

A woodlot licence holder who submits a woodlot licence plan to the minister for approval must submit with the plan

(a)

a copy of the notice published under subsection (1) (a),

(b)

a copy of each written comment received during the period of review specified in subsection (3),

(c)

a description of any changes made to the plan as a result of the comments received, and

(d)

a description of the efforts made to comply with the requirements of subsection (3.1).

Division 4 - Approvals and Amendments

Minister's consideration of woodlot licence plan

(1)

If, in preparing an alternative performance requirement under section 13 [alternative performance requirements] or stocking standards under section 12, a woodlot licence holder satisfies the minister that the holder took into consideration only those factors contained in

Schedule 1

, the minister must not require the holder to consider other factors.

(2)

The minister may request information under section 16 (2.1) [approval of woodlot licence plan and amendment] of the Act in respect of an alternative performance requirement or stocking standard if the information is

(a)

relevant to the factors in

Schedule 1

that were addressed, if any,

(b)

relevant to any factor that the holder addressed that is not a factor listed in

Schedule 1

, and

(c)

either available to the holder or in the control or possession of the holder.

(3)

The minister must approve an alternative performance requirement in respect of regeneration date, free growing date and stocking standards, and a stocking standard described under section 12 [stocking information for specified areas], if the minister is satisfied that the alternative performance requirement or stocking standard will result in the area being stocked with or retaining, as applicable, ecologically suitable species that address immediate and long-term forest health issues on the area, to a density or to a basal area that, in either case, is consistent with

(a)

section 9 (1) (a) [established objectives], and

(b)

the timber supply projections and forest management assumptions that apply to the area covered by the plan on the date that the plan is submitted for approval.

(4)

The minister must not refuse to approve an alternative performance requirement solely on the basis that performance of the alternative performance requirement

(a)

would result in an outcome that is outside of the range of natural variation that is characteristic of a season, an area or a forest resource,

(b)

would cause or contribute to an adverse impact on a forest resource, if that impact would be consistent with the objectives described in section 8,

(c)

proposes an innovative means of meeting the intent of the requirement to which the alternative performance requirement relates, or

(d)

is based on a factor other than one specified in

Schedule 1.

Emergency approval

For the purpose of section 17 of the Act, the prescribed circumstances in relation to a woodlot licence plan are those described in that section.

Minor amendments that require approval

For the purpose of section 20 (1) [minor amendments] of the Act, an amendment to a woodlot licence plan requires the approval of the minister if the amendment would add or vary an alternative performance requirement.

Minor amendments that do not require approval

(1)

For the purpose of section 20 (1) (b) [minor amendments] of the Act, a proposed amendment to a woodlot licence plan does not require approval of the minister if the proposed amendment is in respect to

(a)

correcting a mapping or non-substantive data entry referred to in section 8 [mapping and information], that will not

(i)

decrease the area where harvesting will be avoided or constrained, or

(ii)

increase the adverse impact on forest resources,

(b)

the reclassification of a stream, wetland or lake, or

(c)

the wildlife tree retention strategy prepared under section 11 [wildlife tree retention strategy required], that will not decrease the nature or quality of wildlife trees or wildlife tree retention areas.

(2)

An amendment that does not require the approval of the minister takes effect when it is signed in accordance with section 13 (4) [content of woodlot licence plan] of the Act or section 16 [signature].

Minor amendments wrongly made

(1)

Under section 20 (3) [minor amendments] of the Act, if the minister determines that a decision made by a woodlot licence holder under section 20 (1) of the Act was wrongly made, the minister may

(a)

declare the amendment to be without effect, and

(b)

if the minister considers it appropriate, require the holder to suspend operations that are not authorized in the absence of the amendment.

(2)

A woodlot licence holder referred to in subsection (1) will not be found to have contravened the Act or this regulation by carrying out, before the minister makes a determination under subsection (1), operations that are not authorized in the absence of the amendment if

(a)

the minister is satisfied, or

(b)

the holder establishes that the holder had reason to believe

that the amendment would have been approved under section 16 (1.1) [approval of amendment] of the Act, had the amendment been properly submitted for approval.

Mandatory amendments

(1)

A woodlot licence holder who knows or ought reasonably to know that performing the operations specified in a woodlot licence plan will not achieve the results specified in the plan or the requirements of this regulation

(a)

must submit to the minister an amendment to the plan, and

(b)

must not carry out any operation that would be materially affected by the amendment submitted under paragraph (a) until the amendment has been approved.

(2)

If the requirements of the woodlot licence plan cannot be met as a result of the woodlot licence holder carrying out, or failing to carry out, a forest practice on the area covered by the plan, or the occurrence of a natural event, the holder must

(a)

notify the minister, and

(b)

if an amendment to the plan is required, not carry out any operation that would be materially affected by the proposed amendment until the amendment has been approved.

PART 3 - PRACTICE REQUIREMENTS

Division 1 - Soils

Soil disturbance limits

(1)

A woodlot licence holder must not cause the amount of soil disturbance on the net area to be reforested to exceed

(a)

the amount specified in the holder's woodlot licence plan, or

(b)

8%, if there is no amount specified in paragraph (a).

(2)

A woodlot licence holder must not cause soil disturbance on any portion of the net area to be reforested to be concentrated in a manner that would be inconsistent with the objective set out in section 9 (1) (b) [established objectives].

(3)

A woodlot licence holder may exceed the limit set out in subsection (1), if

(a)

the holder is removing infected stumps or salvaging windthrow, and

(b)

the additional disturbance is the minimum necessary.

Permanent access structure limits

(1)

A woodlot licence holder must ensure that the maximum amount of the total area within a cutblock that is 5 ha or greater in size that is occupied by permanent access structures is

(a)

the amount specified in the holder's woodlot licence plan, or

(b)

7%, if there is no amount specified in paragraph (a).

(2)

A woodlot licence holder must ensure that the maximum amount of the total area within a cutblock that is less than 5 ha in size that is occupied by permanent access structures is

(a)

the amount specified in the holder's woodlot licence plan, or

(b)

10%, if there is no amount specified in paragraph (a).

(3)

Without limiting subsections (1) and (2), a woodlot licence holder must ensure that the maximum amount of the woodlot licence area that is occupied by permanent access structures is

(a)

the amount specified in the holder's woodlot licence plan, or

(b)

7%, if there is no amount specified in paragraph (a).

Landslides

A woodlot licence holder who carries out a primary forest activity must ensure that the primary forest activity does not cause a landslide that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Gully processes

A woodlot licence holder who carries out a primary forest activity on the Coast must ensure that the primary forest activity does not cause a gully process that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Natural surface drainage patterns

(1)

If a woodlot licence holder constructs a temporary access structure or a permanent access structure on an area, the holder must maintain natural surface drainage patterns on the area both during and after construction.

(2)

Despite subsection (1), if it is not practicable for a woodlot licence holder to maintain natural surface drainage patterns during the construction of a temporary access structure or permanent access structure, the holder must ensure the altered surface drainage pattern is compatible with the original natural surface drainage pattern by the earlier of

(a)

the end of the construction, and

(b)

the next freshet.

Revegetation

A woodlot licence holder who constructs or deactivates a road must ensure that soil exposed by the construction or deactivation is revegetated within two years after the construction or deactivation is completed if it is reasonably foreseeable that

(a)

the erosion of the soil would cause

(i)

sediment to enter a stream, wetland or lake, or

(ii)

a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act, and

(b)

revegetation would materially reduce the likelihood of erosion.

Division 2 - Timber and Forest Health

Modification of insect behaviour

Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who uses trap trees or pheromones to concentrate insect populations must ensure that the insect brood is destroyed before the insects emerge.

Use of livestock

Unless exempted under section 78 (1) [minister may grant exemptions], if a woodlot licence holder who is required to establish a free growing stand uses livestock for site preparation or brush control, the woodlot licence holder must ensure that all necessary measures are taken to

(a)

control the location and movement of the livestock to minimize conflict with wildlife that could prey on the livestock,

(b)

prevent the transmission of disease from the livestock to wildlife, and

(c)

maintain the health of the livestock.

Use of seed

(1)

In this section, "transfer" means the process by which seed is selected and used, based on the origin of the seed and its genetic suitability for the site on which trees grown from the seed are to be planted.

(2)

The chief forester may make standards for matters referred to in section 169 (1) (a) (i) to (v) [chief forester standards for forest practices] of the Act if the chief forester considers such standards to be necessary or appropriate for the purpose of regulating the use, registration, storage, selection or transfer of seed to be used in the establishment of free growing stands.

(3)

The chief forester may authorize a person to exercise a discretion of the chief forester described in subsection (5), (6) or (7).

(4)

Unless an alternative is approved under subsection (6), a woodlot licence holder who plants trees while establishing a free growing stand must use only seed registered, stored, selected and transferred in accordance with the standards, if any, established by the chief forester.

(5)

A woodlot licence holder referred to in subsection (4) may submit to the chief forester for approval an alternative to any standard established by the chief forester under subsection (2).

(6)

The chief forester may approve an alternative submitted under subsection (5) if the chief forester considers that the alternative is consistent with achieving the intent of the standard.

(7)

If the chief forester approves an alternative submitted under subsection (5), the woodlot licence holder who submitted the alternative

(a)

is exempt from the requirement of subsection (4) for which the alternative has been approved, and

(b)

must comply with the alternative.

(8)

A woodlot licence holder who is required to establish a free growing stand must keep a record of the registration numbers of the seed that is used, if any, and a map of the location where the trees grown from the seed are planted.

Pre-harvest mapping

(1)

The chief forester may establish standards for the purpose of this section.

(2)

Before a woodlot licence holder harvests timber from an area where the holder is required to establish a free growing stand, the holder must prepare a map for the area according to the standards set under subsection (1), showing

(a)

the biogeoclimatic ecosystem classification, including the site series listed within that classification, for the area, and

(b)

the stocking standards that apply to the area.

(3)

A woodlot licence holder must make the map referred to in subsection (2) available to the district manager, or a person authorized by the district manager, on request.

(4)

A woodlot licence holder must retain the map referred to in subsection (2) until the holder

(a)

has produced a free growing stand on the area, or

(b)

has been relieved under section 107 or 108 of the Act of the requirement to establish a free growing stand on the area.

Free growing stands

(1)

Unless exempted under subsection (2) or section 78 (2) [minister may grant exemptions], a woodlot licence holder must establish, in accordance with this Division, a free growing stand on

(a)

the net area to be reforested,

(b)

areas where timber was harvested by the holder in contravention of section 52 [unauthorized timber harvesting] of the Act,

(c)

private land subject to the woodlot licence where timber was harvested by the holder without authorization, and

(d)

areas where the minister requires the holder to establish a free growing stand when the holder is authorized to obtain a cutting permit under section 12 (3) of the Act.

(2)

A woodlot licence holder is exempt from the requirements of section 29 (3) [free growing stands] of the Act in respect of an area if timber harvesting is limited to one or more of the following:

(a)

harvesting timber to eliminate a safety hazard;

(b)

harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;

(c)

removing felled trees from landings and road rights of way;

(d)

commercial thinning, removal of individual trees, or a similar type of intermediate cutting;

(e)

harvesting special forest products.

(3)

A woodlot licence holder who harvests timber for the reasons referred to in subsection (2) (d) or (e) must ensure that, for a period of 12 months after completion of harvest, the area on which timber harvesting was carried out conforms to the stocking standards specified in section 12 [stocking information for specified areas] for the area.

(4)

For the purpose of the definition of "commencement date", the minister may give written authorization for a specified commencement date if

(a)

harvesting of bark beetle infested timber or timber damaged by wind occurs before harvesting the majority of the cutblock volume, or

(b)

all of the following apply:

(i)

harvesting in areas that are in close proximity has taken place over one or more seasons;

(ii)

the holder has proposed to amalgamate the areas into a single unit;

(iii)

the minister is satisfied that the amalgamation will simplify future management of the areas.

Conforming to stocking standards

(1)

In subsection (2), the applicable stocking standards, regeneration date and free growing date are those specified for the applicable silvicultural system in

(a)

the woodlot licence holder's woodlot licence plan, or

(b)

the Ministry of Forests' publication, Reference Guide for Forest Development Plan Stocking Standards, as amended from time to time, if the stocking standards, regeneration date or free growing date are not specified in the holder's woodlot licence plan.

(2)

A woodlot licence holder who is required to establish a free growing stand on an area must,

(a)

by the applicable regeneration date, establish a stand that conforms to the stocking standards that relate to the biogeoclimatic ecosystem classification for the area, and

(b)

by the applicable free growing date, establish a free growing stand that conforms to the stocking standards that relate to the biogeoclimatic ecosystem classification for the area.

Requirements if free growing stand cannot be established

35.1

(1)

Subject to section 108 of the Act, a woodlot licence holder who

(a)

is required to establish a free growing stand under section 35 of this regulation, and

(b)

knows that the requirements of sections 35 and 36 of this regulation cannot be met

must

(c)

give notice to the minister that the requirements to establish a free growing stand cannot be met, giving the reasons, and

(d)

submit to the minister a proposal for establishing a free growing stand on the area, including the stocking standards, the free growing height and the latest date by which the stocking standards and free growing height will be achieved.

(2)

The minister must approve a proposal submitted under subsection (1) if the minister considers that the proposal is consistent with section 18 (3).

(3)

The minister must give notice to the holder who submitted the proposal if the proposal has been approved or rejected and, if rejected, must provide written reasons.

(4)

A rejection under subsection (3) is reviewable as set out in sections 80 and 81 of the Act and those sections and sections 82 to 84 of the Act apply in respect of the review.

(5)

A holder who is notified under subsection (3) that the proposal has been approved must ensure that a free growing stand is established that conforms to the approved proposal.

Division 3 - Riparian Areas

Stream riparian classes

(1)

In this section, "active flood plain" means the level area with alluvial soils, adjacent to streams, that is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of

(a)

flood channels free of terrestrial vegetation,

(b)

rafted debris or fluvial sediments, recently deposited on the surface of the forest floor or suspended on trees or vegetation, or

(c)

recent scarring of trees by material moved by flood waters.

(2)

A stream that is a fish stream or is located in a community watershed has the following riparian class:

(a)

S1A, if the stream averages, over a one km length, either a stream width or an active flood plain width of 100 m or greater;

(b)

S1B, if the stream width is greater than 20 m but the stream does not have a riparian class of S1A;

(c)

S2, if the stream width is not less than 5 m and not more than 20 m;

(d)

S3, if the stream width is not less than 1.5 m but is less than 5 m;

(e)

S4, if the stream width is less than 1.5 m.

(3)

A stream that is not a fish stream and is located outside of a community watershed has the following riparian class:

(a)

S5, if the stream width is greater than 3 m;

(b)

S6, if the stream width is 3 m or less.

(4)

Unless subsection (5) or (6) applies, for each riparian class of stream, the minimum riparian management area width, riparian reserve zone width and riparian management zone width, on each side of the stream, are

(a)

as specified in the holder's woodlot licence plan, or

(b)

if widths are not specified in a woodlot licence plan, as follows:

Riparian Class	Riparian Management Area (metres)	Riparian Reserve Zone (metres)	Riparian Management Zone (metres)
S1-A	100	0	100
S1-B	70	50	20
S2	50	30	20
S3	40	20	20
S4	30	0	30
S5	30	0	30
S6	20	0