1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


MINISTER OF FORESTS

BILL 78 -- 1992

FOREST AMENDMENT ACT (No. 2), 1992

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Forest Act, R.S.B.C. 1979, c. 140, is amended by adding the following Part:

PART 15
STUDY AREAS

Definition

165 In this Part

"special use permit" means a special use permit referred to in section 2 of the Provincial Forest Regulation, B.C. Reg. 562/78;

"study area" means an area of Crown land specified under section 166 (1).

Specifying a study area

166 (1) Until January 1, 2001 the Lieutenant Governor in Council may, by regulation, specify an area of Crown land as a study area.

(2) A study area specified under subsection (1) ceases to be a study area on January 1, 2001 or on an earlier date, if any, prescribed by regulation of the Lieutenant Governor in Council.

What is the effect of specifying
a study area?

167 (1) The minister may, by written order, in whole or in part, vary, suspend an approval for, suspend, refuse to issue or refuse to approve one or more of the following permits, licences, prescriptions or plans if they relate to all or part of a study area:

(a) a cutting permit;

(b) a road permit;

(c) a timber sale licence;

(d) a free use permit;

(e) a licence to cut;

(f) a special use permit;

(g) a pre-harvest silviculture prescription referred to in section 129.3;

(h) a management plan;

(i) a timber licence operating plan referred to in section 25 (e);

(j) any plan required under an agreement listed in section 10 and any other plan respecting the management, development or use of Crown land.

(2) Subsection (1) applies to a permit, licence, prescription or plan whether it came into existence before or after the coming into force of subsection (1).

(3) A variance, suspension or refusal under subsection (1) expires January 1, 2001 or on an earlier expiry date, if any, ordered in writing by the minister.

(4) The minister may, by written order, vary a variance, suspension or refusal made under subsection (1).

(5) The minister shall serve a copy of an order made under subsection (1), (3) or (4) on the holder of

(a) an agreement listed in section 10, and

(b) a special use permit

to which the order relates, but the order is not invalid by reason only that it is not served.

(6) A suspension referred to in subsection (1) is not a suspension for the purposes of section 59 or 61.

Conditions

168 (1) The minister may, by written order, attach conditions to an agreement listed in section 10 or to a special use permit if the agreement or special use permit relates to all or part of a study area, whether the agreement or special use permit came into existence before or after the coming into force of this subsection.

(2) Without restricting the generality of subsection (1) the minister's power to attach a condition to an agreement under that subsection includes the power to attach a condition requiring the holder of the agreement to carry on

(a) road construction activities in a study area if the holder has begun construction of a road, or

(b) timber harvesting activities in a study area if the holder has begun timber harvesting activities

despite timber harvesting rights having been suspended in the study area if, in the minister's opinion, the condition is necessary to protect the environment.

(3) A condition under subsection (1) expires January 1, 2001 or on an earlier expiry date, if any, ordered in writing by the minister.

(4) The minister may, by written order, vary a condition made under this section.

(5) The minister shall serve a copy of an order made under this section on the holder of the agreement or special use permit affected by the order, but the order is not invalid by reason only that it is not served.

Suspension and cancellation

169 (1) If a permit, licence, prescription or plan is varied under section 167, the failure of the holder of, or party to, the permit, licence, prescription or plan to comply with the variance is grounds for a suspension under section 59, in whole or in part, of the agreement listed in section 10 to which the permit, licence, prescription or plan relates.

(2) If under section 168 a condition is attached to an agreement, the failure of the holder of the agreement to comply with the condition is grounds for a suspension under section 59, in whole or in part, of the agreement.

(3) If a special use permit is varied under section 167 or has a condition attached to it under section 168, the failure of the holder of the permit to comply with the variance or condition is grounds for the suspension or cancellation of the permit and sections 59 to 61, other than section 61 (5), apply to the suspension or cancellation.

Allowable annual cut and allowable
harvest in a study area

170 (1) The chief forester may, by written order, reduce the allowable annual cut of

(a) a timber supply area, or

(b) a tree farm licence area

if all or part of the area is a study area.

(2) The minister may, by written order,

(a) proportionately reduce the allowable annual cut authorized in all of the forest licences and timber sale licences in a timber supply area if the chief forester has, under subsection (1), reduced the allowable annual cut of the timber supply area, and

(b) reduce the allowable annual cut authorized or deemed to be authorized in a forest licence or a timber sale licence if all or part of the area from which timber may be harvested under the licence is a study area.

(3) The regional manager may, by written order, change the volume of timber that may be harvested under a woodlot licence during each year or other period of its term if all or part of the area from which timber may be harvested under the licence is a study area.

(4) If the chief forester, the minister or the regional manager makes an order under subsection (1), (2) or (3) that affects a timber supply area, a tree farm licence, a forest licence, a timber sale licence or a woodlot licence and after the order is made a determination or reduction is made under section 7, 42 or 54 that

(a) establishes a new allowable annual cut for the timber supply area, the tree farm licence area, the forest licence or the timber sale licence, or

(b) establishes a new volume of timber that may be harvested under the woodlot licence,

then the chief forester, the minister or the regional manager, as the case may be, may issue a new order under subsection (1), (2) or (3) that affects the timber supply area or licence.

(5) The minister, the chief forester or the regional manager, as the case may be, shall serve a copy of an order made under this section on the holder of an agreement listed in section 10 to which the order relates, but the order is not invalid by reason only that it is not served.

(6) An order under subsection (1), (2), (3) or (4) expires when the area of Crown land it affects ceases to be a study area.

(7) After an order expires under subsection (6)

(a) the allowable annual cut for the timber supply area, the tree farm licence area, the forest licence or the timber sale licence, or

(b) the volume of timber authorized to be harvested by the woodlot licence

that was affected by the order is the allowable annual cut or the volume of timber, established under section 7, 42 or 54, that was in effect immediately before the last order made under this section.

(8) Neither a reduction in an allowable annual cut under subsection (1) nor a restoration of an allowable annual cut under subsection (7) constitutes a determination of an allowable annual cut for the purposes of the time limits set out in section 7 (1) or (1.1) and section 7 does not apply to a determination of an allowable annual cut under this section.

Order prevails

171 If an order under this Part conflicts with a provision of this Act or a regulation made under this Act the order prevails.

Hearing not required

172 An order may be made under this Part without a hearing.

Commencement

2 This Act comes into force by regulation of the Lieutenant Governor in Council.


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