2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE MICHAEL DE JONG
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:
Forest Act
1 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended in the definition of "major licence" by repealing paragraph (a) and substituting the following:
(a) a timber sale licence that is
(i) replaceable under this Act and that has an allowable annual cut greater than 10 000 m3,
(ii) issued under section 23 (1) (a) to satisfy the obligations of the government under a pulpwood agreement, or
(iii) entered into under section 47.3, .
2 Section 66 is amended
(a) in subsection (3) by striking out "the regional manager or" and substituting "the minister, regional manager or", and
(b) in subsections (7) and (8) by striking out "or the minister or a person authorized by the minister, under section 21," and substituting "the minister or a person authorized by the minister, under section 21, or the minister, under section 47.3,".
3 Section 67 (3) is amended
(a) in paragraph (b) by striking out "or",
(b) in paragraph (c) by striking out "section 13 (1.1)" and substituting "section 13 (1.1), or", and
(c) by adding the following paragraph:
(d) the minister, under section 47.3, .
4 Section 1 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended
(a) in subsection (1) by repealing the definition of "backlog area",
(b) in subsection (1) by repealing the definition of "cutblock" and substituting the following:
"cutblock" means an area, in which timber is to be harvested or has been harvested, identified in a forest development plan, licence to cut, cutting permit, road permit or Christmas tree permit; ,
(c) in subsection (1) by repealing paragraph (b) of the definition of "net area to be reforested" and substituting the following:
(b) if there is no silviculture prescription for a cutblock, the portion of the cutblock that does not include
(i) an area occupied by permanent access structures,
(ii) an area of rock, wetland or other area that in its natural state is not capable of supporting a stand of trees that meets the stocking requirements specified in the regulations,
(iii) an area of non-commercial forest cover that is indicated on an operational plan or in the prescribed manner as an area in which the establishment of a free growing stand is not required, or
(iv) an area indicated on an operational plan or in the prescribed manner as a reserve area in which the establishment of a free growing stand is not required; ,
(d) in subsection (1) by repealing the definition of "operational plan" and substituting the following:
"operational plan" means a forest development plan, logging plan, range use plan or silviculture prescription, or a site plan for a woodlot licence or for a community forest agreement; ,
(e) in subsection (1) in paragraph (c) of the definition of "senior official" by striking out "Ministry of Environment, Lands and Parks," and substituting "Ministry of Water, Land and Air Protection,",
(f) in subsection (1) by adding the following definition:
"site plan" means
(a) in relation to
(i) a holder of a forest development plan other than a holder of a woodlot licence or a community forest agreement, or
(ii) a holder of a timber sale licence that requires its holder to prepare a site plan,
a plan under section 21.1, and
(b) in relation to a holder of a woodlot licence or a community forest agreement, a site plan prepared by the holder under a regulation made under section 217.1; ,
(g) in subsection (1) by repealing the definition of "soil disturbance" and substituting the following:
"soil disturbance" means
(a) disturbance to the soil that occurs, on an area covered by a silviculture prescription or by a site plan under section 21.1, because of
(i) excavated or bladed trails that are of a temporary nature,
(ii) corduroyed trails,
(iii) temporary access structures,
(iv) compacted areas resulting from a forest practice, or
(v) dispersed disturbance of the soil resulting from a forest practice, and
(b) if there is no silviculture prescription for a cutblock in a woodlot licence area or a community forest agreement area, disturbance to the soil that occurs, on an area covered by a site plan prepared by the holder of the licence or agreement, because of
(i) excavated or bladed trails of a temporary nature,
(ii) corduroyed trails,
(iii) compacted areas resulting from a forest practice, or
(iv) dispersed disturbance of the soil resulting from a forest practice; ,
(h) in subsection (1) in the definition of "wildlife" by repealing paragraph (c) and substituting the following:
(c) an invertebrate or plant listed by the Minister of Water, Land and Air Protection as an endangered, threatened or vulnerable species, , and
(i) by adding the following subsection:
(11) In this Act, a reference to section 22 is a reference to that section as it was immediately before it was repealed and, for the purpose of a provision of this Act that refers to section 22, section 22 is deemed to continue in force despite its repeal.
5 Section 1.1 is amended
(a) in subsection (3) by striking out "under this Act and the regulations." and substituting "under section 22 of this Act and under the regulations.", and
(b) by adding the following subsection:
(4) Section 21.1 does not apply for the purposes of the Nisga'a Final Agreement.
6 Sections 3 and 5 are repealed and the following substituted:
3 (1) The minister, in accordance with the regulations and by written order, may
(a) establish an area of Crown land or an area of private land in a tree farm licence or woodlot licence as a resource management zone, and
(b) vary the boundaries of the zone or cancel the zone.
(2) The minister, in accordance with the regulations and by written order, must establish objectives for a resource management zone and may vary or cancel an objective.
(3) Before establishing, varying or cancelling a resource management zone or objective in a way that significantly affects the public, the minister must provide for
(a) review, and
(b) comment
in accordance with the regulations.
(4) The minister must file an order made under this section
(a) with an office maintained by the minister in the forest region in which the resource management zone is located, or
(b) in accordance with the regulations.
(5) The establishment, variance or cancellation of a resource management zone or objective takes effect on the date the order is made or on a later date specified in the order.
(6) The minister must make available to the public
(a) an order made under subsection (1) and, if applicable, a map showing the boundaries of the resource management zone established or varied by that order, and
(b) an order made under subsection (2).
(7) The minister may
(a) delegate in writing the authority to establish, vary or cancel a resource management zone or objective to a person or class of persons,
(b) limit or revoke a delegation made under paragraph (a), and
(c) provide directions respecting the establishment, variance or cancellation of a resource management zone or an objective, in respect of a delegation made under paragraph (a).
(8) A plan or agreement declared to be a higher level plan for the purposes of this Act by the ministers before June 15, 1997 is continued and
(a) the area to which the plan or agreement applies is deemed to be a resource management zone,
(b) the provisions of the plan or agreement are deemed to be objectives,
(c) the plan or agreement need not meet any content requirements or any public review requirements that are prescribed under this Act, and
(d) the plan or agreement remains in effect until the first to happen of the following:
(i) the plan or agreement expires and is not replaced under this section;
(ii) the plan or agreement is replaced with a resource management zone and objectives in accordance with this section.
(9) An order of the ministers under section 3 (1) of this Act in effect immediately before November 28, 2003 is deemed to be an order of the minister under subsection (1) of this section.
(10) An objective for a resource management zone in effect immediately before November 28, 2003 is deemed to be an objective ordered by the minister under subsection (2).
5 (1) The minister, in accordance with the regulations and by written order, may establish an area of Crown land or an area of private land in a tree farm licence or woodlot licence as a sensitive area and vary the boundaries of the area or cancel the area.
(2) The minister, in accordance with the regulations and by written order, must establish objectives for a sensitive area and may vary or cancel an objective.
(3) Before establishing, varying or cancelling a sensitive area or an objective for a sensitive area in a way that significantly affects the public, the minister must provide for
(a) review, and
(b) comment
in accordance with the regulations.
(4) The minister must file an order made under this section
(a) with an office maintained by the minister in the forest region in which the sensitive area is located, or
(b) in accordance with the regulations.
(5) The establishment, variance or cancellation of a sensitive area or of an objective takes effect on the date the order is made or on a later date specified in the order.
(6) The minister must make available to the public
(a) an order made under subsection (1) and, if applicable, a map showing the boundaries of the sensitive area established or varied by that order, and
(b) an order made under subsection (2).
(7) The minister may
(a) delegate in writing the authority to establish, vary or cancel a sensitive area or objective to a person or class of persons,
(b) limit or revoke a delegation made under paragraph (a), and
(c) provide directions respecting the establishment, variance or cancellation of a sensitive area or objective, in respect of a delegation made under paragraph (a).
(8) If an objective for a resource management zone is established or varied for an area that includes a sensitive area, to the extent that the objective for the sensitive area is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.
(9) An order of the district manager under section 5 (1) of this Act in effect immediately before November 28, 2003 is deemed to be an order of the minister under subsection (1) of this section.
(10) An objective for a landscape unit in effect immediately before November 28, 2003 is deemed to be an objective ordered by the minister under subsection (2).
(11) A direction of the chief forester under section 5 of this Act in effect immediately before November 28, 2003 is deemed to be a direction of the minister under subsection (7) (c) of this section.
7 Section 6 (2) is repealed and the following substituted:
(2) Before establishing, varying or cancelling an area under subsection (1), the chief forester must obtain the consent of the holder of
(a) a timber sale licence that does not provide for cutting permits, a licence to cut, other than a master licence to cut,
(b) a cutting permit, a free use permit, a Christmas tree permit, a road permit, a timber licence, a site plan, a silviculture prescription or a special use permit, or
(c) an interest issued or granted under the Land Act,
if the holder's rights under the licence, permit, plan, prescription or interest would be adversely affected by the establishment, variation or cancellation.
8 Section 10 is amended
(a) in subsection (1) (b) (i) (A) by adding "approximate" before "size, shape and location",
(b) by repealing subsection (1) (c) (ii) and substituting the following:
(ii) measures to protect prescribed forest resources; , and
(c) by adding the following:
(4) A forest development plan that
(a) at any time before the coming into force of this subsection, was approved under section 41 or given effect under section 40, and
(b) was in effect immediately before the coming into force of this subsection
is conclusively deemed to have complied with subsection (1) (c) (ii) as that provision existed at the time the forest development plan was approved or was given effect.
9 The following section is added:
11.1 (1) A site plan referred to in section 21.1 must
(a) be consistent with the forest development plan,
(b) conform to this Act, the regulations and the standards, and
(c) be signed and sealed by a professional forester.
(2) A site plan under subsection (1) may apply to one or more areas, including one or more cutblocks.
10 Section 12 (c) is repealed.
11 Section 18 is amended
(a) by repealing subsection (8), and
(b) by adding the following subsections:
(9) Despite subsection (6), a forest development plan prepared under this section that is
(a) in effect immediately before the coming into force of this subsection continues in effect until April 1, 2005,
(b) prepared by the district manager after the coming into force of this subsection
(i) takes effect on the date specified in the plan, and
(ii) continues in effect until April 1, 2005, and
(c) prepared by the holder of a timber sale licence under subsection (4.2) after the coming into force of this subsection
(i) takes effect on the date specified in the approval of the plan under Division 5 of this Part, and
(ii) continues in effect until April 1, 2005.
(10) Despite subsection (7), the district manager may not extend the term of a forest development plan referred to in subsection (9).
12 Section 19 is amended
(a) in subsection (4) by striking out "holder of a major licence, community forest agreement, or woodlot licence" and substituting "holder of a major licence or community forest agreement",
(b) by repealing subsection (5), and
(c) by adding the following subsections:
(6) Despite subsection (3), a forest development plan for a major licence that
(a) was in effect immediately before the coming into force of this subsection continues in effect until April 1, 2005, or
(b) is approved after the coming into force of this subsection
(i) takes effect on the date specified in the approval, and
(ii) continues in effect until April 1, 2005.
(7) Despite subsection (4), the district manager may not extend the term of a forest development plan referred to in subsection (6).
(8) Despite subsection (3), if a forest development plan for a woodlot licence
(a) was in effect immediately before the coming into force of this subsection, the plan continues in effect until the later of
(i) April 1, 2005, and
(ii) the date specified in the approval of the plan, or
(b) expired at any time during the one year period that ended on the date this subsection came into force, the plan
(i) is deemed to have received approval under this Act immediately before that date, and
(ii) continues in effect until April 1, 2005.
13 The following section is added:
21.1 (1) The district manager must prepare a site plan for an area of Crown land from which a person is authorized to harvest timber under a timber sale licence that is not a major licence.
(2) However, the district manager need not prepare a site plan under subsection (1) if the timber sale licence specifies that the holder of the licence must prepare and submit to the district manager
(a) a silviculture prescription, or
(b) a site plan
for the area to be harvested under the timber sale licence.
(3) A person must not harvest timber from an area referred to in
(a) subsection (1) until the district manager prepares the site plan for the area, or
(b) subsection (2) until the holder of the timber sale licence prepares and submits to the district manager a site plan for the area to be harvested under the timber sale licence.
(4) A holder of a timber sale licence who submits a site plan under subsection (3) (b) is not required to prepare and submit a silviculture prescription for the area to be harvested under the licence, despite a requirement under the licence to do so.
(5) Before the holder of a major licence harvests timber under a cutting permit, the holder must prepare a site plan for the area to be harvested under the cutting permit.
(6) The holder of a major licence must prepare a site plan for an area in which the holder has cut, removed, damaged or destroyed Crown timber in contravention of section 96.
(7) Despite subsections (1) to (6), a person is not required to prepare a site plan for the following areas:
(a) an area that is outside a cutblock, if the area is to be used for the construction and use of a road, gravel pit or borrow pit;
(b) an area that is subject to a silviculture prescription that was approved before the coming into force of this subsection;
(c) an area that is the subject of an exemption for a silviculture prescription described in section 30.1.
(8) A holder of a site plan that was prepared under this section must make it publicly available at any reasonable time at the holder's place of business nearest to the area under the site plan, on request.
(9) For the purposes of subsection (1), Crown land does not include land that is Crown land only because the timber on the land is reserved to the government.
14 Section 22 is repealed.
15 The following section is added:
22.1 (1) Except in prescribed circumstances, and subject to subsection (2) and to sections 34 to 38 and 162.1, a silviculture prescription prepared under section 22 that is in effect immediately before the coming into force of this section remains in effect.
(2) A silviculture prescription prepared under section 22 (1) (b), (5) or (6) as it was immediately before the coming into force of this subsection is without effect.
16 Section 23 is amended
(a) by repealing subsections (1) and (2), and
(b) by adding the following subsection:
(3) A silviculture prescription prepared under subsection (1) or (2) before the repeal of those subsections is without effect.
17 Section 24.1 is repealed.
18 Section 27 is amended by adding the following subsections:
(8) Despite subsection (5), a range use plan prepared under this section and in effect immediately before the coming into force of this subsection continues in effect until the later of
(a) April 1, 2005, and
(b) the date specified in the approval of the plan.
(9) Despite subsection (6), the district manager may not extend the term of a range use plan referred to in subsection (8).
(10) Subsection (7) does not apply to a range use plan referred to in subsection (8).
19 The following section is added:
29.1 The district manager, in prescribed circumstances, may exempt a person referred to in section 21.1 from the requirement for a site plan.
20 Section 30 is repealed.
21 The following section is added:
30.1 An exemption in effect immediately before the date this section comes into force, from a requirement to prepare a silviculture prescription under section 22, continues in effect on and after that date unless suspended or revoked under this Act.
22 Section 31 is repealed.
23 Section 33 is amended by striking out "referred to in sections 28 to 31" and substituting "referred to in sections 28 to 29.1".
24 Section 34 is repealed and the following substituted:
34 (1) A holder of an operational plan
(a) may prepare and submit to the district manager for approval an amendment to the plan at any time, or
(b) if it is an operational plan to which section 42.1 (1) applies, may amend the plan at any time, in accordance with that section.
(2) A holder of a site plan prepared under section 21.1 may amend the plan at any time.
25 Section 35 (1) and (2) are repealed and the following substituted:
(1) Subject to subsection (2) and to section 162.2, the holder of a logging plan, silviculture prescription or range use plan who knows, or reasonably ought to know, that performing the operations specified in the operational plan will not ensure the achievement of the results specified in the operational plan
(a) must submit to the district manager for his or her approval an amendment to the plan or a new operational plan, and
(b) must not carry out, on any parts of the plan area that would be materially affected by the proposed amendment or new plan, any operation related to the amendment or new plan, unless the plan is a range use plan, until the amendment or new plan has been approved or given effect under Division 5 of this Part.
(2) A holder of a silviculture prescription referred to in subsection (1) who considers that it is not practicable to amend the prescription must
(a) report in writing to the district manager specifying the reasons, and
(b) prepare a site plan for the area in accordance with section 11.1.
(2.1) Subject to subsection (2.2), if the government is required to carry out a silviculture prescription and the district manager determines that carrying it out will not ensure the achievement of the results specified in the prescription, the district manager
(a) must prepare an amendment to the prescription, and
(b) must not carry out, on any parts of the plan area that would be materially affected by the proposed amendment, any operation related to the amendment until the amendment has been prepared.
(2.2) If the government is required to carry out a silviculture prescription referred to in subsection (2.1) and the district manager considers that it is not practicable to amend the prescription, the district manager must prepare a site plan for the area in accordance with section 11.1.
(2.3) A site plan prepared in accordance with
(a) subsection (2) is in substitution for the silviculture prescription referred to in that subsection, or
(b) subsection (2.2) is in substitution for the silviculture prescription referred to in that subsection
and the silviculture prescription ceases to have effect on the date the site plan is signed by a professional forester.
26 Section 36 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to section 162.2, a person responsible for a silviculture prescription must comply with this section if the requirements of the silviculture prescription cannot be met. ,
(b) by repealing subsection (2) (b) and substituting the following:
(b) if an amendment is needed to ensure the requirements referred to in paragraph (a) are met, must not carry out, on any parts of the area covered by the silviculture prescription that would be materially affected by the amendment, any operation related to the amendment until an amendment to the silviculture prescription has been approved under Division 5 of this Part. ,
(c) by repealing subsection (3) (b) and substituting the following:
(b) if an amendment is needed to ensure the requirements referred to in paragraph (a) are met, must not carry out, on any parts of the area covered by the silviculture prescription that would be materially affected by the amendment, any operation related to the amendment until the amendment has been prepared. , and
(d) by adding the following subsections:
(4) A holder of a silviculture prescription who considers that one or more of the requirements of the prescription cannot be complied with and that it is not practicable to amend the prescription must
(a) report in writing to the district manager specifying the reasons, and
(b) prepare a site plan for the area in accordance with section 11.1.
(5) A site plan prepared in accordance with subsection (4) is in substitution for the silviculture prescription referred to in that subsection and the silviculture prescription ceases to have effect on the date the site plan is signed by a professional forester.
27 Section 37 is repealed and the following substituted:
37 (1) By written notice to the holder of a silviculture prescription prepared under section 22 (3), the district manager may require the holder to prepare a site plan in accordance with section 11.1 or an amendment to the prescription if the holder
(a) has not been issued a cutting permit to carry out timber harvesting on the area covered by the prescription within 3 years after the date of its approval, or
(b) has been issued a cutting permit to carry out timber harvesting on the area covered by the prescription, but has not begun harvesting before the expiration of the cutting permit.
(2) On receipt of a notice under subsection (1) that a site plan is required, the silviculture prescription is without effect.
(3) Subsection (1) does not apply to a holder of a woodlot licence who also holds a silviculture prescription.
28 Section 38 is repealed and the following substituted:
38 (1) The district manager must review a silviculture prescription prepared under section 22 (1) (a) or (1.1) if the district manager determines that
(a) a timber sale licence for the area covered by the prescription has not been awarded within 3 years after the date of the prescription's preparation or approval, or
(b) a timber sale licence for the area covered by the prescription has been awarded, but no timber harvesting has begun on the area under the prescription within 3 years after the later of
(i) the date the timber sale licence became effective, and
(ii) the date of the prescription's preparation or approval.
(2) After reviewing a silviculture prescription under subsection (1), the district manager may prepare, in accordance with section 11.1, a site plan or an amendment to the prescription.
(3) If the district manager determines that a site plan is required, the silviculture prescription for the area under the site plan is without effect.
29 Section 39 (1) is amended by striking out "Subject to sections 42 and 43," and substituting "Subject to sections 42, 42.1 and 43,".
30 Section 41 (5) is repealed and the following substituted:
(5) In granting approval under this section to a forest development plan or an amendment to a forest development plan, the district manager may attach conditions to the plan or to the plan as amended.
(6) The holder of a forest development plan must comply with the conditions, if any, attached to the plan under subsection (5).
31 The following section is added:
42.1 (1) Despite section 41, except in prescribed circumstances, an approval is not required to amend a forest development plan, a silviculture prescription or a site plan prepared under a regulation made under section 217.1, if the holder of the plan or prescription determines that
(a) the proposed amendment
(i) otherwise conforms to this Act, the regulations and the standards, and
(ii) does not materially affect the likelihood of achieving the objectives or the results specified in the plan or prescription, or
(b) the proposed amendment meets prescribed requirements.
(2) Subsection (1) does not apply to the holder of an operational plan who is also the holder of the timber sale licence to which the plan pertains.
(3) The holder of a forest development plan, other than a plan referred to in subsection (4), or of a silviculture prescription must provide the district manager with a copy of an amendment under subsection (1) after it has been incorporated in the plan or prescription
(a) if the amendment concerns information for which there is a reporting requirement under the regulations, or
(b) if the district manager requests the copy.
(4) The holder of a
(a) forest development plan, or
(b) site plan
that is prepared in accordance with a regulation under section 217.1 must provide the district manager with a copy of any amendment made to the plan that is permitted under subsection (1).
(5) The holder of a forest development plan, silviculture prescription or a site plan prepared under a regulation made under section 217.1 need not make an amendment to it to which subsection (1) applies available for
(a) review, and
(b) comment.
(6) The district manager may take action in accordance with the regulations if he or she considers that the determination under subsection (1) was wrongly made.
32 Section 43 is amended by striking out "an operational plan" and substituting "a range use plan".
33 Section 45 (2) is repealed and the following substituted:
(2) Subject to subsection (3), a person does not contravene subsection (1) if, with respect to the forest practice referred to in subsection (1), the person is acting in accordance
(a) with this Part, Part 5 and with the regulations for this Part and Part 5, and
(b) with any of the following:
(i) an operational plan or a site plan;
(ii) an exemption from the requirement to have an operational plan or a site plan;
(iii) a permit issued under this Act or the regulations.
34 Section 46 is amended
(a) by adding the following subsection:
(1.1) A person carrying out a forest practice on an area under a site plan prepared under section 21.1 must not exceed the prescribed maximum proportion of the area under the site plan that may be occupied by permanent access structures. , and
(b) in subsection (4) by striking out "or" at the end of paragraph (a) and by adding the following paragraph:
(a.1) the prescribed amount referred to in subsection (1.1), or .
35 Section 47 is amended
(a) by adding the following subsections:
(3.1) A person carrying out a forest practice on an area under a site plan prepared under section 21.1 must not exceed the prescribed maximum amount of soil disturbance in the net area to be reforested.
(3.2) A person carrying out timber harvesting operations or silviculture treatments on an area under a site plan prepared under section 21.1, in prescribed circumstances, may temporarily exceed the prescribed maximum amount referred to in subsection (3.1). ,
(b) by repealing subsection (4) (b) and substituting the following:
(b) any unrehabilitated temporary access structure that is specified as one in a site plan prepared under section 21.1 or in a silviculture prescription. ,
(c) in subsection (5) by adding "site plan prepared under section 21.1 or" after "for an area under a",
(d) by adding the following subsection:
(6.1) In prescribed circumstances and subject to section 58 (2), a person who prepares a site plan under section 21.1
(a) may construct or modify a temporary road, or construct a temporary landing, borrow pit or gravel pit, and
(b) must rehabilitate the area occupied by the road, landing, borrow pit or gravel pit. , and
(e) in subsection (7) by adding "site plan prepared under section 21.1 or" after "within an area under a".
36 Section 48 (2) is repealed and the following substituted:
(2) Subsection (1) applies despite any limit for soil disturbance
(a) specified for an area under a silviculture prescription, or
(b) prescribed for an area under a site plan prepared under section 21.1.
37 The following section is added:
48.1 (1) The district manager must not direct or require a person to take measures under section 45 (4) or 48 (1) if the person establishes that
(a) the person exercised due diligence to prevent the damage to the area, or
(b) the person's actions relevant to damage to the area were the result of an officially induced error.
(2) The Lieutenant Governor in Council may prescribe circumstances in which and conditions on which a person who has taken measures under section 45 (4) or 48 (1) may recover all or part of an amount reasonably incurred for the direct costs of carrying out the measures.
(3) This section does not apply in respect of a direction or requirement to take measures under section 45 (4) or 48 (1) made before the coming into force of this subsection.
38 Section 49 is amended
(a) in subsection (1) by adding "site plan prepared under section 21.1," after "the holder of a logging plan,", and
(b) in subsection (2) by striking out "or" in paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following:
(d) other prescribed circumstances apply.
39 Section 51 (2) is amended by striking out "If a person carrying out a forest practice," and substituting "Except in prescribed circumstances, if a person carrying out a forest practice,".
40 Section 56 is amended by repealing subsections (4) and (5) and substituting the following:
(4) If the holder of the road permit or road use permit and the person referred to in subsection (2) do not agree on what constitutes a reasonable contribution or expense, the holder and the person must submit that question
(a) for resolution by an agreed process of dispute resolution, or
(b) in the absence of an agreed process under paragraph (a), to binding arbitration under the Commercial Arbitration Act.
41 Section 58 is amended
(a) in subsection (2) (b) by adding "and" at the end of subparagraph (i), by striking out "and" at the end of subparagraph (ii) and by repealing subparagraph (iii), and
(b) by repealing subsection (3) and substituting the following:
(3) A person to whom subsection (2) (b) applies must obtain a road permit, unless the road to be constructed or modified is
(a) wholly contained in a cutblock or an opening that meets the prescribed requirements and is not identified on a forest development plan as providing access to more than one cutblock or opening, or
(b) within a woodlot licence area.
42 Section 60 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Before the holder of a road permit, a timber sale licence that does not provide for cutting permits, a cutting permit or a special use permit constructs or modifies a road, the holder must
(a) prepare a road layout and design in accordance with the prescribed requirements, and
(b) in prescribed circumstances, obtain the district manager's approval for the road layout and design.
(1.1) A holder of a road permit or cutting permit who is also the holder of a woodlot licence need not comply with subsection (1) unless required by regulation to obtain the district manager's approval for a road layout and design. , and
(b) by repealing subsection (3) and substituting the following:
(3) A holder required to prepare a road layout and design under this section must
(a) ensure that the road layout and design is consistent with any applicable forest development plan, and
(b) make the road layout and design publicly available at any reasonable time at the holder's place of business nearest to the area under the road layout and design, on request.
43 Sections 60.1 to 61 are repealed.
44 Section 62 (1) is amended by repealing paragraph (g).
45 Section 63 is amended
(a) in subsection (1) (a) by striking out "temporarily, semi-permanently or permanently",
(b) in subsection (1) by adding the following:
(a.1) the district manager notifies the person under section 64 (11.1), , and
(c) by repealing subsection (4) and substituting the following:
(4) A person who constructs or modifies a road under section 58 (2) (c) must maintain the road in accordance with the regulations and standards made under this Act until
(a) the road is deactivated, or
(b) the district manager notifies the person under section 64 (11.1).
46 Section 64 is amended
(a) in subsection (1) by striking out "temporarily, semi-permanently or permanently, or a combination of temporarily, semi-permanently or permanently,",
(b) in subsection (2) by striking out ", from the time deactivation of the road begins until the road is permanently deactivated,",
(c) in subsections (3) and (4) by striking out "permanent",
(d) by repealing subsections (5) to (7) and substituting the following:
(5) A person must not deactivate a road unless the person
(a) in prescribed circumstances, prepares a road deactivation prescription for the road that conforms to prescribed requirements, and
(b) deactivates the road in accordance with the regulations. ,
(e) in subsection (8) by striking out "permanent or semi-permanent",
(f) by repealing subsections (9) and (11), and
(g) by adding the following:
(11.1) Without limiting section 162.1, a person's responsibility for deactivating a road on Crown land ceases when the district manager notifies the person in writing that, in the opinion of the district manager, future use of the road by others will preclude deactivation.
47 Section 67 (2) (c) (i) is amended by adding "or a site plan prepared under section 21.1" after "by a silviculture prescription".
48 The following section is added to Division 4 of Part 4:
69.1 (1) In this section:
"commencement date" means
(a) for a site plan under section 21.1 (1) to (5), the date when timber harvesting, excluding road and landing construction, begins on the area under the plan,
(b) for a site plan under section 21.1 (6), the date the harvesting begins on the area, and
(c) for a site plan required under section 35 (2) or (2.2), 36 (4) or 37 (1) or prepared under section 38 (2), the date on which a professional forester signed the site plan;
"free growing date" means the prescribed date by which the requirements of subsection (4) (d) must be met;
"regeneration date" means the prescribed date by which the requirements of subsection (4) (c) must be met;
"well spaced trees" means trees that meet the prescribed minimum allowable horizontal distance.
(2) If
(a) the district manager or holder of a timber sale licence is required to prepare a site plan, and
(b) the commencement date has passed,
the government must establish, in accordance with the regulations and standards, a free growing stand on the net area to be reforested.
(3) If the holder of a major licence is required to prepare a site plan and the commencement date has passed, the holder must establish, in accordance with the regulations and standards, a free growing stand on the net area to be reforested.
(4) Without limiting subsection (2) and (3), the person who is required to establish a free growing stand on an area under a site plan prepared in accordance with section 11.1 must do all of the following:
(a) create the prescribed post harvest stand structure and prescribed site conditions;
(b) use seed, seedlings and vegetative propagules only in accordance with the regulations and standards;
(c) by the regeneration date, meet, and after that date maintain, the prescribed stocking requirements for that date;
(d) by the free growing date, establish a free growing stand that meets the prescribed stocking requirements;
(e) if the density of trees exceeds the prescribed maximum number of coniferous trees allowed per hectare, carry out a spacing treatment before the free growing date to reduce the density of trees to within the prescribed density range;
(f) carry out surveys at the times and in the manner specified in the regulations and standards;
(g) submit reports at the times and in the manner specified in the regulations and standards.
(5) Despite this section, if all or part of the area under a site plan has been included in a Provincial protected area referred to in section 70 (7), the district manager may cancel a site plan and impose conditions the district manager considers necessary or desirable, and the person whose site plan is cancelled must comply with the conditions.
(6) On cancellation of a site plan under subsection (5), the person whose site plan is cancelled is relieved of the requirement to establish a free growing stand on the area under the site plan.
49 Section 70 (1) is amended by repealing paragraphs (b) and (d) of the definition of "commencement date".
50 Section 96 (1) is amended
(a) by repealing paragraph (f.1) and substituting the following:
(f.1) by the regulations, for the purposes of silviculture, stand tending, forest health or any other purpose that is ancillary to the purposes of this Act, or , and
(b) in paragraph (g) by adding "or" at the end of subparagraph (i) and by repealing subparagraph (ii).
51 Section 98 is amended by repealing paragraph (a) and substituting the following:
(a) authorized to do so under
(i) an agreement under the Range Act,
(ii) a silviculture prescription or a special use permit, or
(iii) the regulations, and .
52 Section 107 (4) is amended in paragraph (b) (i) by striking out "permit or operational plan" and substituting "permit, operational plan or site plan".
53 Section 112 (3) is amended in paragraph (e) by striking out "permit or operational plan" and substituting "permit, operational plan or site plan".
54 The following is added:
119.1 (1) For the purposes of a determination of a senior official under section 117, 118 or 119, no person may be found to have contravened a provision of this Act, the regulations, the standards or an operational plan if the person establishes that
(a) the person exercised due diligence to prevent the contravention,
(b) the person reasonably believed in the existence of facts that if true would establish that the person did not contravene the provision, or
(c) the person's actions relevant to the provision were the result of an officially induced error.
(2) Subsection (1) does not apply in respect of a determination made under section 117, 118 or 119 before the coming into force of this subsection.
55 Section 127 (1) is repealed and the following substituted:
(1) A person who is the subject of a determination under section 41, 82, 95 (2), 99 (2), 101 (2), 102 (3), 106 (1), 117 to 120, 123 (1), 162.1 (1), 162.2 (1) or (2) or 209.1 (3) may deliver, to the review official named in the notice of determination, a written request for a review of the determination.
56 Section 143 is amended
(a) by repealing subsections (2) and (3) and substituting the following:
(2) A person who contravenes section 46 (4), 47 (5), (6) or (7), 48 (1), 51 (2), 58 (2) or (3), 64 (1), (2), (3), (5) or (12), 67, 68 (1), (2) or (4), 69.1 (3), 70 (3), 76 (1), 87, 88 (2) or 92 (1) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.
(3) A person who contravenes section 21, 21.1 (3), (5), (6) or (8), 22 (2), (3), (4), (5) or (6), 27 (1), 35 (1), 36 (2), 46 (1), (1.1) or (3), 47 (1) or (3.1), 50, 52 (2), 54 (1), (2), (3.3), (5.1) or (6), 60 (1), 74, 80, 91, 98, 99 (1), 100, 101 (1), 105 (4) (a), 106, 112, 154, 173, 248 (1) or (2), 249 or 250 (1) commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both. , and
(b) in subsection (4) by striking out "61 (1)".
57 Section 145 (4) is amended by striking out "or" at the end of paragraph (c), by adding ", or" at the end of paragraph (d) and by adding the following:
(e) acting in accordance with other prescribed requirements.
58 The following section is added:
157.1 Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.
59 Section 162 is amended by adding the following:
(4) No person may be found to have failed to comply with a requirement or order referred to in this section if the person establishes that
(a) the person exercised due diligence to prevent the failure to comply with the requirement or order,
(b) the person reasonably believed in the existence of facts that if true would establish that the person did not fail to comply with the requirement or order, or
(c) the person's actions relevant to the requirement or order were the result of an officially induced error.
(5) Subsection (4) does not apply in respect of a failure to comply referred to in subsection (1) that occurred before the coming into force of this subsection.
60 The following sections are added to Division 1 of Part 7:
162.1 (1) Subject to subsections (3) to (5), a holder of an agreement under the Forest Act is conclusively deemed to have met the specified obligations that are referred to in paragraph (d) and are obligations under this Act, the regulations or standards, or under an operational plan, a permit or another authorization, if the holder, in writing, submits to the district manager a declaration specifying all of the following:
(a) the cutblocks or roads affected, if any;
(b) the operational plans affected, if any;
(c) permits affected, if any;
(d) the obligations that have been met;
(e) the date of the declaration.
(2) The declaration must be signed by the holder who makes a declaration under subsection (1), if an individual, or, if a corporation, by an individual or the individuals authorized to sign on behalf of the corporation.
(3) If, within the prescribed period after receiving a declaration under subsection (1), the district manager gives notice in writing to the holder that an obligation specified in the declaration has not been met, then the holder remains responsible for meeting that obligation.
(4) A holder who makes a declaration under subsection (1) remains responsible for an obligation if the holder
(a) made a material misrepresentation or misstatement of fact in the declaration, or
(b) omitted information from the declaration that the holder knew or ought to have known was material to determining if the obligations referred to in the declaration had been met.
(5) A holder who makes a declaration under subsection (1) in relation to an obligation to establish a free growing stand on an area remains responsible for the obligation if, at the time of the declaration, it is reasonably foreseeable that the stand on the area will not remain a free growing stand.
(6) Despite subsection (1), a holder must not make the declaration referred to in subsection (1) in relation to an obligation to establish a free growing stand on an area unless the stand conforms with the prescribed requirements.
162.2 (1) The district manager must grant the relief described in subsection (3) to a person who has a prescribed obligation, other than an obligation to establish a free growing stand, under this Act, the regulations or an operational plan and who satisfies the district manager that
(a) because of an event causing damage, the obligation under the operational plan cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
(b) the person
(i) did not cause or contribute to the cause of the damage,
(ii) exercised due diligence in relation to the cause of the damage, or
(iii) contributed to the cause of the damage but only as a result of an officially induced error.
(2) The district manager must grant
(a) the relief described in subsection (3), or
(b) the funding described in subsection (4)
to a person having an obligation to establish a free growing stand if the person satisfies the district manager that
(c) because of an event causing damage, the obligation to establish the free growing stand cannot be met without significant extra expense than would have been the case if the damage had not occurred, and
(d) the person
(i) did not cause or contribute to the cause of the damage,
(ii) exercised due diligence in relation to the cause of the damage, or
(iii) contributed to the cause of the damage but only as a result of an officially induced error.
(3) The relief, that must be granted under subsection (1) or that may be granted under subsection (2) (a), from an obligation by the district manager to a person is relief from
(a) the person's obligation to the extent only that the obligation cannot be met without significant extra expense related to the damage referred to in subsection (1) or (2), or
(b) the person's obligation in full if the district manager considers that the remaining obligation, after taking paragraph (a) of this subsection into account, is inconsequential.
(4) The funding for an obligation, that may be granted under subsection (2) (b) by the district manager to a person, is funding to the extent only that is required for the purpose of restoring the stand of trees on the area affected by the event referred to in subsection (2)
(a) to the stage the stand had reached at the time of the damage caused by the event, or
(b) to the stage that is consistent with the person's obligation in that regard as modified by a regulation under subsection (7).
(5) A decision in any proceedings, that a person having an obligation referred to in subsection (1) or (2) did or did not do any of the things referred to in subsection (1) (b) or (2) (d), is binding on the district manager.
(6) The district manager may not under this section grant relief or funding in respect of an event causing damage if the event occurred before the coming into force of this subsection.
(7) The Lieutenant Governor in Council may make regulations
(a) respecting the modification of an obligation referred to in subsection (2) to establish a free growing stand, and
(b) for the purpose of subsection (6), resolving any doubts as to
(i) what constitutes an event, or
(ii) when an event occurred.
61 Section 165 is repealed and the following substituted:
165 The minister, or a person the minister authorizes in writing, may extend the time required to do anything under this Act, the regulations or the standards, other than
(a) the time required for a review or appeal of a determination,
(b) the time required to commence a proceeding, or
(c) the prescribed period referred to in section 162.1 (3).
62 Section 172 is amended by striking out "section 70" and substituting "section 69.1 or 70".
63 Section 199 is repealed and the following substituted:
199 (1) The Lieutenant Governor in Council may prescribe forms for this Act.
(2) The Lieutenant Governor in Council may make regulations respecting the furnishing of information, to the minister or to an employee in the Ministry of Forests, including but not limited to regulations concerning matters related to
(a) agreements under the Forest Act,
(b) agreements under the Range Act, and
(c) obligations under this Act, the regulations and the standards.
(3) Without limiting subsections (1) and (2) the Lieutenant Governor in Council may make regulations respecting the furnishing of information
(a) on request or at specified times, and
(b) in a specified format, including electronically.
64 The following section is added:
209.1 (1) The Lieutenant Governor in Council may make regulations respecting silviculture stocking standards and soil conservation standards.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting
(a) stocking requirements,
(b) regeneration date,
(c) free growing date,
(d) minimum survey and reporting requirements for areas where a free growing stand is required to be established,
(e) the maximum proportion of the area within a cutblock that may be occupied by soil disturbance, and
(f) the maximum proportion of the area within a cutblock that may be occupied by permanent access structures.
(3) The district manager may exempt a person who consents to the exemption from all or part of a regulation made under subsection (1) or (2), subject to conditions or alternative requirements the district manager may specify.
65 Section 210 (2) (d) is repealed and the following substituted:
(d) rehabilitation of harvested areas.
66 Section 228 is amended by repealing subsection (5).
67 Section 230 (3) is amended by striking out "or a designated environment official approves a portion of a forest development plan or amendment under section 41 (6) and (7)".
68 Sections 233 and 234 are repealed.
69 Section 248 (1) (a) is amended by adding ", or" at the end of subparagraph (v) and by repealing subparagraph (vi).
70 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the Forest Practices Code of British Columbia Act as amended by this Act, and to remedy any transitional difficulties encountered in doing so.
(2) A regulation made under this section may be made retroactive to a date not earlier than the date this section comes into force.
(3) This section is repealed on January 1, 2006, and on its repeal any regulations made under it are also repealed.
71 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Forest Act, amends section 1 (1)] amends paragraph (a) of the definition of "major licence" to refer additionally to a timber sale licence that is entered into under section 47.3 of the Act, which is the provision that allows the minister to direct the award of a licence under the Act to a first nation or its representative or to a person in the circumstances set out in section 47.3 (b) of the Act, for example to mitigate the effects on that person of a treaty with a first nation.
SECTION 2: [Forest Act, amends section 66] enables the minister to dispose of specified volumes of timber by way of a timber sale licence entered into under section 47.3 of the Act.
SECTION 3: [Forest Act, amends section 67 (3)] enables the minister, by way of a timber sale licence entered into under section 47.3 of the Act, to dispose of timber that an agreement holder was entitled to harvest but did not harvest.
SECTION 4: [Forest Practices Code of British Columbia Act, amends section 1]
(a) repeals the definition of "backlog area" as reforestation of backlog areas is no longer regulated,
(b) modifies the definition of "cutblock" to provide flexibility, to correct problems with the existing definition and to remove references to forms of operational plans that are no longer required under the Act,
(c) modifies the definition of "net area to be reforested" to enable it to apply to areas under site plans,
(d) modifies the definition of "operational plan" to remove references to forms of operational plans that are no longer required under the Act,
(e) modifies the definition of "senior official" to update the references to appropriate ministries,
(f) adds a definition for "site plan",
(g) modifies the definition of "soil disturbance" to enable it to apply to areas under site plans,
(h) modifies the definition of "wildlife" to update the references to appropriate ministries, and
(i) adds a subsection to enable sections of the Act that refer to silviculture prescriptions required under different parts of section 22 to continue to apply.
SECTION 5: [Forest Practices Code of British Columbia Act, amends section 1.1] provides that the Nisga’a Final Agreement is not affected by the shift from silviculture prescriptions to site plans.
SECTION 6: [Forest Practices Code of British Columbia Act, re-enacts sections 3 and 5] replaces the existing provisions to enable a single minister to establish and administer resource management zones, sensitive areas and objectives for resource management zones and sensitive areas.
SECTION 7: [Forest Practices Code of British Columbia Act, repeals and replaces section 6 (2)] removes a reference to a form of operational plan that is no longer required under the Act and refines the reference to timber sale licences to restrict its application to areas within cutblocks.
SECTION 8: [Forest Practices Code of British Columbia Act, amends section 10]
SECTION 9: [Forest Practices Code of British Columbia Act, enacts section 11.1] enacts the basic content requirements for site plans.
SECTION 10: [Forest Practices Code of British Columbia Act, repeals section 12 (c)] repeals specific content requirements for silviculture prescriptions for backlog areas as reforestation of backlog areas will no longer be regulated.
SECTION 11: [Forest Practices Code of British Columbia Act, amends section 18] provides an extension to existing forest development plans required for the small business forest enterprise program.
SECTION 12: [Forest Practices Code of British Columbia Act, amends section 19] provides an extension to existing forest development plans required for the holders of major licences, community forest agreements and woodlot licences.
SECTION 13: [Forest Practices Code of British Columbia Act, enacts section 21.1] enacts the basic requirement that a site plan be prepared before timber is harvested under most forms of agreement under the Forest Act and specifies limited circumstances where a site plan is not required.
SECTION 14: [Forest Practices Code of British Columbia Act, repeals section 22] repeals the requirement to prepare a silviculture prescription before timber is harvested under most forms of agreement under the Forest Act.
SECTION 15: [Forest Practices Code of British Columbia Act, enacts section 22.1] provides that, except in specified circumstances, existing silviculture prescriptions remain in effect.
SECTION 16: [Forest Practices Code of British Columbia Act, amends section 23] removes the requirement to prepare silviculture prescriptions for backlog areas and clarifies that any existing silviculture prescriptions for backlog areas are no longer in effect.
SECTION 17: [Forest Practices Code of British Columbia Act, repeals section 24.1] clarifies that any existing stand management prescriptions are no longer in effect.
SECTION 18: [Forest Practices Code of British Columbia Act, adds section 27 (8), (9) and (10)] provides an extension to existing range use plans.
SECTION 19: [Forest Practices Code of British Columbia Act, enacts section 29.1] enables the district manager to exempt a person from the requirement to prepare a site plan in circumstances specified in the regulations.
SECTION 20: [Forest Practices Code of British Columbia Act, repeals section 30] repeals the power to exempt a person from the requirement to prepare a silviculture prescription.
SECTION 21: [Forest Practices Code of British Columbia Act, enacts section 30.1] clarifies that existing exemptions for preparing a silviculture prescription continue in effect.
SECTION 22: [Forest Practices Code of British Columbia Act, repeals section 31] repeals the power to exempt a person from the requirement to prepare a silviculture prescription for backlog areas.
SECTION 23: [Forest Practices Code of British Columbia Act, amends section 33] clarifies the sections to which the limits on the district manager’s power to grant an exemption applies by including site plans and removing silviculture prescriptions.
SECTION 24: [Forest Practices Code of British Columbia Act, re-enacts section 34] establishes the circumstances in which voluntary amendments may be made to an operational plan or to a site plan.
SECTION 25: [Forest Practices Code of British Columbia Act, amends section 35] specifies that a person who holds an operational plan that will not ensure the achievement of the results specified in the plan must either amend the plan or, in specific circumstances, replace a silviculture prescription with a site plan.
SECTION 26: [Forest Practices Code of British Columbia Act, amends section 36] specifies that a person who holds a silviculture prescription where the desired results are impossible must either amend the silviculture prescription or, in specific circumstances, replace a silviculture prescription with a site plan.
SECTION 27: [Forest Practices Code of British Columbia Act, re-enacts section 37] re-enacts the circumstances where a holder of an outdated silviculture prescription may be required by the district manager to prepare a site plan for the area.
SECTION 28: [Forest Practices Code of British Columbia Act, re-enacts section 38] re-enacts the circumstances where the district manager must prepare a site plan where the government is the holder of an outdated silviculture prescription.
SECTION 29: [Forest Practices Code of British Columbia Act, amends section 39 (1)] provides that an amendment made under section 42.1 is included in the list of specified sections where review and comment is not required.
SECTION 30: [Forest Practices Code of British Columbia Act, repeals and replaces section 41 (5) and adds subsection (6)] clarifies the language concerning the attaching of conditions to the approval of a forest development plan or amendment and provides that the holder of the forest development plan must comply with the approval.
SECTION 31: [Forest Practices Code of British Columbia Act, enacts section 42.1]
SECTION 32: [Forest Practices Code of British Columbia Act, amends section 43] limits the application of the section to range use plans.
SECTION 33: [Forest Practices Code of British Columbia Act, repeals and replaces section 45 (2)] expands the subsection to protect persons who carry out forest practices on an area subject to a site plan or an exemption provided that they are acting in accordance with the constraints specified in the Act and the regulations.
SECTION 34: [Forest Practices Code of British Columbia Act, amends section 46] places limits on the amount of area under a site plan that may be occupied by permanent access structures.
SECTION 35: [Forest Practices Code of British Columbia Act, amends section 47] places limits on the amount of area under a site plan that may be occupied by soil disturbance.
SECTION 36: [Forest Practices Code of British Columbia Act, repeals and replaces section 48 (2)] modifies the provision to remove the reference to stand management prescriptions and to enable the district manager to make an order for areas that are subject to a site plan.
SECTION 37: [Forest Practices Code of British Columbia Act, enacts section 48.1]
SECTION 38: [Forest Practices Code of British Columbia Act, amends section 49 (1) and (2)]
SECTION 39: [Forest Practices Code of British Columbia Act, amends section 51 (2)] enables regulations to be made that specify circumstances in which the person carrying out the forest practice need not comply with the requirements of section 51 (2).
SECTION 40: [Forest Practices Code of British Columbia Act, repeals and replaces section 56 (4) and repeals subsection (5)] provides that persons who are disputing the costs of road maintenance must resolve the dispute either by way of the Commercial Arbitration Act or under any other agreed upon process.
SECTION 41: [Forest Practices Code of British Columbia Act, amends section 58] clarifies the circumstances in which a road may be constructed or modified without requiring a road permit.
SECTION 42: [Forest Practices Code of British Columbia Act, amends section 60]
SECTION 43: [Forest Practices Code of British Columbia Act, repeals sections 60.1 to 61] repeals sections that provided limited circumstances in which approval of a road layout and design was not required for road construction or modification.
SECTION 44: [Forest Practices Code of British Columbia Act, repeals section 62 (1) (g)] repeals the requirement to comply with a road construction survey when constructing or modifying a road.
SECTION 45: [Forest Practices Code of British Columbia Act, amends section 63]
SECTION 46: [Forest Practices Code of British Columbia Act, amends section 64]
SECTION 47: [Forest Practices Code of British Columbia Act, amends section 67 (2) (c) (i)] expands the application of the section to include areas under site plans.
SECTION 48: [Forest Practices Code of British Columbia Act, enacts section 69.1] enacts a requirement that areas under site plan where the commencement date has occurred must be reforested in accordance with the requirements specified in the regulations.
SECTION 49: [Forest Practices Code of British Columbia Act, amends section 70 (1)] modifies the definition of "commencement date" to reflect that some forms of silviculture prescription are no longer in effect.
SECTION 50: [Forest Practices Code of British Columbia Act, amends section 96 (1)] amends the circumstances in which a person may cut, damage or destroy Crown timber without contravening section 96 (1).
SECTION 51: [Forest Practices Code of British Columbia Act, repeals and replaces section 98 (a)] enables a person to be authorized by regulation to cause or permit livestock on Crown range.
SECTION 52: [Forest Practices Code of British Columbia Act, amends section 107 (4) (b) (i)] enables an official who carries out an inspection to require a person to produce a copy of a site plan.
SECTION 53: [Forest Practices Code of British Columbia Act, amends section 112 (3) (e)] requires a person to produce a copy of a site plan if so requested by an official.
SECTION 54: [Forest Practices Code of British Columbia Act, enacts section 119.1]
SECTION 55: [Forest Practices Code of British Columbia Act, repeals and replaces section 127 (1)] adds to the list of determinations that may be reviewed.
SECTION 56: [Forest Practices Code of British Columbia Act, amends section 143] amends the maximum fine provisions to reflect the additions and deletions from the Act.
SECTION 57: [Forest Practices Code of British Columbia Act, adds section 145 (4) (e)] provides that a person does not commit an offence under section 145 (2), if acting in accordance with the regulations.
SECTION 58: [Forest Practices Code of British Columbia Act, enacts section 157.1] enacts defences that are available to a person who is subject to a prosecution under the Act.
SECTION 59: [Forest Practices Code of British Columbia Act, adds section 162 (4) and (5)]
SECTION 60: [Forest Practices Code of British Columbia Act, enacts sections 162.1 and 162.2]
Section 162.1:
provides a mechanism for holders of agreements under the Forest Act to make declarations that obligations under this Act have been met;
provides circumstances in which a holder remains responsible for an obligation despite a declaration having been made.
Section 162.2:
establishes circumstances where a person may be relieved of an obligation under the Act, the regulations or the standards;
if the obligation is to produce a free growing stand, enables the government to either relieve the person of the obligation, or to fund the measures necessary to bring the affected area back to where it was when the event occurred;
enables regulations to be made to specify details.
SECTION 61: [Forest Practices Code of British Columbia Act, re-enacts section 165] adds the reference to the prescribed period referred to in section 162.1 (3) as an exception to when the minister may extend a time under the Act.
SECTION 62: [Forest Practices Code of British Columbia Act, amends section 172] adds a reference to trees established on areas under site plans as being property of the government.
SECTION 63: [Forest Practices Code of British Columbia Act, re-enacts section 199] enables regulations to be made with respect to the use of forms and the furnishing of information.
SECTION 64: [Forest Practices Code of British Columbia Act, enacts section 209.1] enables regulations to be made to establish performance standards related to reforestation and soil conservation.
SECTION 65: [Forest Practices Code of British Columbia Act, repeals and replaces section 210 (2) (d)] enables regulations to be made respecting rehabilitation of harvested areas.
SECTION 66: [Forest Practices Code of British Columbia Act, repeals section 228 (5)] repeals a provision that applied to forms of operational plans that are no longer required under the Act.
SECTION 67: [Forest Practices Code of British Columbia Act, amends section 230 (3)] removes a reference to joint approval of operational plans as joint approval is no longer required under the Act.
SECTION 68: [Forest Practices Code of British Columbia Act, repeals sections 233 and 234] repeals provisions that applied to forms of operational plans that are no longer required under the Act.
SECTION 69: [Forest Practices Code of British Columbia Act, repeals section 248 (1) (a) (vi)] repeals a provision that applied to forms of operational plans that are no longer required under the Act.
SECTION 70: [Forest Practices Code of British Columbia Act – Implementation regulations] enables regulations to be made for a specified period to address transitional difficulties that may occur with the implementation of these changes to the Act.
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