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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]
168 In this Part, "designated area" means an area of Crown land specified under section 169 (1).
169 (1) Until January 1, 2001 the Lieutenant Governor in Council, by regulation, may specify an area of Crown land as a designated area if the Lieutenant Governor in Council believes it is in the public interest to do so.
(2) A designated area specified under subsection (1) ceases to be a designated area on January 1, 2001 or on an earlier date, if any, prescribed by regulation of the Lieutenant Governor in Council.
170 (1) By written order, the minister may, 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 designated 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) an operational plan, as defined in the Forest Practices Code of British Columbia Act;
(h) a management plan;
(i) any plan required under an agreement listed in section 12 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 August 21, 1992.
(3) A variance, suspension or refusal under subsection (1) expires when the area of Crown land it relates to ceases to be a designated area or on an earlier expiry date, if any, ordered in writing by the minister.
(4) The minister, by written order, may vary a variance, suspension or refusal made under subsection (1).
(5) The minister must serve a copy of an order made under subsection (1), (3) or (4) on the holder of
(a) an agreement listed in section 12, and
(b) a special use permit
to which the order relates, but the order is not invalid only because it is not served.
(6) A suspension referred to in subsection (1) is not a suspension for the purposes of section 76 or 77.
171 (1) The minister, by written order, may attach conditions to an agreement listed in section 12 or to a special use permit if the agreement or special use permit relates to all or part of a designated area, whether the agreement or special use permit came into existence before, on or after August 21, 1992.
(2) A condition under subsection (1) expires when the area of Crown land it relates to ceases to be a designated area or on an earlier expiry date, if any, ordered in writing by the minister.
(3) The minister, by written order, may vary a condition made under this section.
(4) The minister must 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 only because it is not served.
172 (1) If a permit, licence, prescription or plan is varied under section 170, 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 76, in whole or in part, of the agreement listed in section 12 to which the permit, licence, prescription or plan relates.
(2) If under section 171 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 76, in whole or in part, of the agreement.
(3) If a special use permit is varied under section 170 or has a condition attached to it under section 171, 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 76 to 77, other than section 77 (5), apply to the suspension or cancellation.
173 (1) In subsections (3) to (5):
"base level allowable annual cut" means the allowable annual cut that is prescribed for the purposes of this section;
"exempt licence" means a licence described in subsection (4);
"licence" means a forest licence or timber sale licence.
(2) The chief forester, by written order, may 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 designated area.
(3) If the chief forester reduces the allowable annual cut of a timber supply area under subsection (2), the minister, by written order, may
(a) proportionately reduce, by the method set out in subsection (5), the allowable annual cut authorized in all of the licences that are not exempt licences in the timber supply area, or
(b) reduce the allowable annual cut authorized or deemed to be authorized in a licence if all or part of the area from which timber may be harvested under the licence is a designated area.
(4) An exempt licence is a licence that
(a) specifies an allowable annual cut that is less than the base level allowable annual cut, or
(b) is for a term that is less than the prescribed term.
(5) A reduction in allowable annual cut imposed under subsection (3) (a) in a timber supply area must be apportioned among all the licences in that area, except exempt licences, in accordance with the following method:
(a) first, calculate a reduction in allowable annual cut for each licence by distributing the part of the reduction under subsection (2) that the minister may assign to the licences proportionately among them according to the relative sizes of the allowable annual cut specified in each licence;
(b) second, calculate for each licence the annual volume of timber, if any, by which the calculations under this subsection reduce the allowable annual cut for that licence to less than the base level allowable annual cut;
(c) third, calculate the aggregate of the annual volumes of timber calculated under paragraph (b);
(d) fourth, for each licence for which the calculation under paragraph (b) does not reduce the allowable annual cut to less than the base level allowable annual cut, calculate a further reduction in allowable annual cut by distributing the amount determined under paragraph (c) proportionately among those licences according to the relative sizes of the allowable annual cut specified in each of them;
(e) fifth, repeat the calculations under paragraphs (b) to (d) until the end result of all the calculations is that the allowable annual cut for any of the licences is not reduced to a level that is less than the base level allowable annual cut.
(6) The regional manager, by written order, may 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 designated area.
(7) If the chief forester, the minister or the regional manager makes an order under subsection (2), (3) or (6) 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 8, 45 or 63 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 (2), (3) or (6) that affects the timber supply area or licence.
(8) The minister, the chief forester or the regional manager, as the case may be, must serve a copy of an order made under this section on the holder of an agreement listed in section 12 to which the order relates, but the order is not invalid only because it is not served.
(9) An order under subsection (2), (3), (6) or (7) expires when the area of Crown land it relates to ceases to be a designated area.
(10) After an order expires under subsection (9)
(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 8, 45 or 63, that was in effect immediately before the last order made under this section less any reductions made under this Act, other than reductions made under this section, during the period that the order was in effect.
(11) Neither a reduction in an allowable annual cut under subsection (2) nor a restoration of an allowable annual cut under subsection (10) constitutes a determination of an allowable annual cut for the purposes of the time limits set out in section 8 (1) or (2) and section 8 does not apply to a determination of an allowable annual cut under this section.
174 If an order under this Part conflicts with
(a) this Act or a regulation made under this Act,
(b) an agreement listed in section 12, or
(c) a permit, licence, prescription or plan listed in section 170 (1),
the order prevails.
175 An order may be made under this Part without a hearing.