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| This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 2, 1999]
114 In this Part, "forest development plan" means a forest development plan under the Forest Practices Code of British Columbia Act.
115 (1) A person who has a right to harvest timber may apply under this section to the district manager for
(a) a road permit to
(i) construct or modify a road on Crown land, or
(ii) maintain an existing road on Crown land, other than a forest service road, or
(b) a road use permit to use
(i) a forest service road, or
(ii) a road for which there is an active road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits.
(2) Subject to section 81, the district manager must grant to an applicant under subsection (1) a road permit to construct or modify a road on Crown land if the district manager is satisfied that the location of the proposed road or the road to be modified is identified on a forest development plan.
(3) Subject to section 81, the district manager must grant to an applicant under subsection (1) a road permit to maintain an existing road on Crown land, other than a forest service road, if
(a) at the time of the application there is no active road permit for the road, and
(b) the district manager is satisfied that use and maintenance of the road by that person will not compromise a forest development plan.
(4) Subject to section 81, the district manager must grant to an applicant under subsection (1) a road use permit to use
(a) a forest service road, or
(b) a road for which there is an active road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits,
if the district manager is satisfied that use of the road by that person will not adversely affect authorized users of the road, or compromise a forest development plan.
(5) The minister may declare a road constructed or modified under a road permit to be a forest service road.
(6) If the road is subject to an active road permit at the time of the declaration, the district manager must grant a road use permit to the holder of the road permit.
116 Subject to section 81, the district manager, in a road permit granted to an applicant under section 115 (1) (a) to construct or modify a road on Crown land, must grant the applicant the right to harvest Crown timber under the road permit if the district manager is satisfied the Crown timber must be harvested to construct or modify the road.
117 (1) A person other than a person referred to in section 115 (1) who wishes to use
(a) a forest service road, or
(b) a road for which there is an active road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits,
for an industrial purpose may apply under this section to the district manager for a road use permit.
(2) The district manager may grant to an applicant under subsection (1) a road use permit to use
(a) a forest service road, or
(b) a road for which there is an active road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits,
if the district manager is satisfied that use of the road by that person for that industrial purpose will not
(c) cause unnecessary disturbance to the natural environment,
(d) adversely affect authorized users of the road, or
(e) compromise a forest development plan.
118 A road permit must
(a) describe the location of the road to be constructed, modified or maintained under the road permit,
(b) authorize its holder to
(i) use the road, and
(ii) if applicable,
(A) construct or modify the road, or
(B) on Crown land that is in a Provincial forest and is in the area covered by the road permit, manage and use that land for sand pits, gravel pits, rock quarries or other quarries that are adjacent to the road covered by the road permit and provide materials for the construction, modification or maintenance of the road,
in accordance with the road permit, this Act and the regulations and the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act,
(c) if the road permit grants the right to harvest Crown timber, require its holder to pay to the government stumpage under Part 7, and
(d) include other terms and conditions determined by the district manager that are consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act and the regulations and the standards made under that Act.
119 A road use permit must
(a) describe the
(i) forest service road, or
(ii) road for which there is an active road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits,
that its holder may use, and
(b) include other terms and conditions determined by the district manager that are consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act and the regulations made under that Act.
120 (1) The regional manager or district manager may authorize a person to acquire a right of way on private land under this section if the person has a right to harvest timber and the regional manager or district manager determines that constructing a road on private land will provide access to the timber without unnecessary disturbance to the natural environment or cultural heritage resources.
(2) If the regional manager or district manager authorizes a person to acquire a right of way on private land, the regional manager or district manager
(a) must determine the location of the right of way, and the period during which the person is to have the right of way, and
(b) may impose conditions to be met with respect to the road to be constructed on the right of way.
(3) A person authorized to acquire a right of way on private land, after a notice has been published in the Gazette and served on every person having a registered interest in the private land, with or without the consent of a person having an interest in the private land and on paying compensation under this section,
(a) has a right of way on the land described in the notice, for the period specified in the notice,
(b) if the registrar is satisfied that compensation has been paid to the person or into court under this section, may register a copy of the notice as a charge against the land, and
(c) may construct, use and maintain a road on the right of way according to the notice.
(4) The Expropriation Act does not apply to the acquisition of a right of way on private land under this section.
(5) A person having a right of way under subsection (3) must compensate a person having an interest in the private land for the extinguishment of the latter person's interest under this section.
(6) If the amount of compensation is not agreed on, it must be determined by the Expropriation Compensation Board established under the Expropriation Act.
(7) A person who is to pay compensation under this section may pay into court the amount agreed on or the amount awarded under subsection (6), as the case may be, pending the determination of amounts respectively payable to persons who have interests in the private land and on payment under this subsection the payer is deemed to have performed the payer's obligation to compensate under subsection (5).
(8) Payment under subsection (5) or (7) constitutes a complete extinguishment of every interest in the right of way, to the extent and for the period set out in the notice.
(9) The width of a right of way under this section must not exceed
(a) 20 m, if the grade level of the road is less than 2 m higher or lower than the land adjacent to the road, and
(b) a distance greater than 20 m that is reasonably required to accommodate side slopes and ditches, if the grade level of the road is more than 2 m higher or lower than the land adjacent to the road.
(10) A person served with a notice under subsection (3) may appeal the location of the right of way to the Forest Appeals Commission.
121 (1) The minister, for the purpose of providing access to timber or for any other purpose consistent with this Act or the Forest Practices Code of British Columbia Act may
(a) construct, maintain and modify roads and trails,
(b) enter on and take possession of private land, and of roads and trails on private land,
(c) enter on private land and take from it timber, stones, gravel, sand, clay or other materials for the purpose of constructing roads and trails,
(d) construct, take possession of and use temporarily roads for the purposes of paragraph (c), and
(e) enter on private land and construct and maintain on it drains to carry water from a road.
(2) If private land is taken under subsection (1) (b) and, as a result of the taking, the total area in the original grant of the private land from the government or Her Majesty in right of Canada, that is taken by the government
(a) for highway purposes, as referred to in section 12 (1) (b) of the Highway Act, and
(b) under this Act
since the date of the original grant from the government or Her Majesty in right of Canada, exceeds 5% of the total area in the original grant, the government must pay compensation in respect of the area exceeding 5%.
(3) If, since the date of the government grant, private land taken under subsection (1) has been subdivided into 2 or more parcels by a registered conveyance or subdivision plan,
(a) the area of a parcel that may be taken without compensation must not exceed 5% of the area of the parcel, and
(b) the total area to be taken without compensation must be apportioned among all parcels, portions of which are taken at the same time, in proportion to the area taken from each.
(4) The government must pay compensation in respect of improvements on all private land taken under subsection (1).
(5) If land is expropriated under subsection (1), the Expropriation Act applies.
(6) Land that is taken under this section is deemed to be taken for the purpose of a highway, as referred to in section 12 (1) (b) of the Highway Act.
(7) The minister may designate employees of the Ministry of Forests who may prepare explanatory plans for the purposes of
(a) permitting persons to dedicate a forest service road to the government if
(i) consideration for the dedication has been agreed on, or
(ii) an agreement under section 3 (1) of the Expropriation Act has been made, or
(b) sections 5 (5) and 6 (4) (b) of the Expropriation Act.
(8) If a person agrees to dedicate a forest service road to the government and has
(a) agreed to the consideration for the dedication, or
(b) entered into an agreement under section 3 (1) of the Expropriation Act,
an explanatory plan prepared by a person designated under subsection (7) may be filed in the land title office, and section 107 (1) (c) and (d) and (3) of the Land Title Act applies.
(9) The minister may
(a) by a notice published in the Gazette, discontinue and close in whole or in part any forest service road or right of way for any period,
(b) assign a forest service road or right of way or a part of a forest service road or right of way to the Minister of Transportation and Highways, and
(c) with the approval of the Lieutenant Governor in Council, convey a forest service road or right of way or a part of a forest service road or right of way to the owner of the land from whom it was taken by the government or to the owner of land adjoining the forest service road or right of way.