1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE DAN MILLER
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Forest Act, R.S.B.C. 1979, c. 140, is amended by repealing the definition of "basic silviculture" and substituting the following:
"basic silviculture" means the harvesting methods and silviculture operations including seed collecting, site preparation, artificial and natural regeneration, brushing, spacing and stand tending and other operations that
(a) are for the purpose of establishing a free growing crop of trees of a commercially valuable species, and
(b) are required in a regulation, pre-harvest silviculture prescription or silviculture prescription; .
2 The following section is added:
129.11 (1) The district manager may, at the district manager's discretion, exempt a person, including the Crown, from carrying out on specified land the requirements of some or all of this Part and some or all of a regulation relating to this Part if the district manager determines that basic silviculture is not required having regard to the purposes and functions of the ministry set out in section 4 of the Ministry of Forests Act, as it was on June 1, 1993, and to the fact that
(a) the land is, or will be, used for
(i) a road,
(ii) a landing,
(iii) a gravel pit, or
(iv) any other use that is incompatible with the establishment of a free growing crop of trees,
(b) the land is, or will be, used for
(i) grazing or growing hay in accordance with a licence or permit granted under the Range Act,
(ii) an experimental purpose, or
(iii) growing Christmas trees, or
(c) the timber that will be harvested from the land consists only of
(i) seed trees from areas where the original harvest was completed on or before September 30, 1987,
(ii) special forest products,
(iii) trees that have been or will be treated or felled to facilitate the entrapment of pests,
(iv) timber that meets prescribed requirements and that has been damaged or is in imminent danger of being damaged or destroyed,
(v) timber to be harvested as a consequence of incremental silviculture,
(vi) trees that have been or will be felled to facilitate the collection of seed, or
(vii) trees that have been or will be felled to remove a safety hazard.
(2) The Lieutenant Governor in Council may, by regulation, restrict the district manager's authority to exempt a person under subsection (1).
(3) In making a regulation under this section the Lieutenant Governor in Council may provide differently for different areas of British Columbia, the different types of agreements set out in section 10, different types of timber or the Crown.
3 The title to Part 15 is amended by striking out "Study Areas" and substituting "Designated Areas".
4 Part 15 is amended by striking out "study" wherever it appears and substituting "designated".
5 Section 166 (1) is amended by adding at the end "if the Lieutenant Governor in Council believes it is in the public interest to do so".
6 (1) The Silviculture Regulation, B.C. Reg. 147/88, is confirmed and validated effective April 8, 1988.
(2) Nothing done or purported to be done under the Silviculture Regulation, B.C. Reg. 147/88, is invalid by reason only that the regulation came into force before the coming into force of subsection (1).
7 (1) The Lieutenant Governor in Council may make regulations respecting silviculture, reports and surveys related to silviculture, a matter set out in the Silviculture Regulation, B.C. Reg. 147/88 or a matter referred to in section 158 (2) (o) to (q) of the Forest Act.
(2) A regulation made under subsection (1) may delegate a matter to a person, confer a discretion on a person and provide differently for different areas of British Columbia, the different types of agreements set out in section 10 of the Forest Act, different types of timber or the Crown.
(3) A regulation made under subsection (1) may be made retroactive to a date not earlier than April 8, 1988, and if made retroactive is deemed to have come into force on that date.
(4) This section is repealed on July 31, 1995.
8 (1) In respect of any loss caused or resulting, directly or indirectly, by or from the enactment of section 1 or 2 or a regulation made under section 7
(a) no damages or compensation of any kind is payable by the government, and
(b) a person must not commence or maintain proceedings
(i) to claim damages or compensation of any kind from the government, or
(ii) to obtain a declaration that damages or compensation is payable by the government.
(2) Subsection (1) applies despite any provision of the Forest Act, the Expropriation Act or any other enactment.
9 (1) Sections 1 and 2 are deemed to have come into force on December 17, 1987, and are retroactive to the extent necessary to give them effect on and after that date.
(2) Section 6 is deemed to have come into force on April 8, 1988, and is retroactive to the extent necessary to give it effect on and after that date.
SECTION 1: clarifies that "basic silviculture" includes methods and operations set out in a prescription.
SECTION 2: authorizes the district manager to exempt a person from Part 10.1 in specified circumstances and authorizes the Lieutenant Governor in Council to make a regulation restricting the district manager's authority to exempt.
SECTION 3: changes the title of Part 15 of the Forest Act.
SECTION 4: changes "study area" to "designated area" in Part 15 of the Forest Act.
SECTION 5: requires the Lieutenant Governor in Council to believe it is in the public interest before specifying an area as a designated area.
SECTION 6: validates the Silviculture Regulation.
SECTION 7: authorizes the Lieutenant Governor in Council to make regulations related to the Silviculture Regulation and to make them retroactive and provides that this section is repealed on July 31, 1995.
SECTION 8: provides that there is no compensation for loss caused by the enactment of section 1 or 2 or a regulation made under section 7.
SECTION 9: provides retroactivity.
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