FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT

This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here.

FOREST PRACTICES CODE OF BRITISH COLUMBIA — Continued
[RSBC 1996] CHAPTER 159

Part 2 — Strategic Planning, Objectives and Standards

Provincial forest and a wilderness area

2 (1) Private land in a tree farm licence or in a woodlot licence and Crown land that is

(a) in a Provincial forest, other than Crown land in a wilderness area,

(b) described in an agreement under the Range Act, or

must be managed and used in a way that is consistent with one or more of the following:

(d) timber production, utilization and related purposes;

(e) forage production and grazing by livestock and wildlife and related purposes;

(f) recreation, scenery and wilderness purposes;

(g) water, fisheries, wildlife, biological diversity and cultural heritage resource purposes;

(h) any purpose permitted by or under the regulations.

(2) A wilderness area must be managed and used in a way that is consistent with one or more of the following:

(a) preservation of wilderness;

(b) preservation of biological diversity;

(3) A person must not carry out commercial timber harvesting in a wilderness area.

(4) Despite subsections (1) to (3), under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act, a person may use or occupy Crown land that is

(a) in a Provincial forest or in a wilderness area, if the person does so in accordance with the regulations and, if required by the regulations, with a special use permit,

(b) described in an agreement under the Range Act, or

(5) A person must obtain a special use permit, if required to do so by the regulations, if the person uses or occupies Crown land that is

(a) in a Provincial forest or in a wilderness area,

(b) described in an agreement under the Range Act, or

(6) Subsection (5) does not apply to a person who uses or occupies Crown land described in an agreement under the Range Act or in a woodlot licence if the use or occupation is under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act or the Petroleum and Natural Gas Act.

(7) In section 11.1 of the Mineral Tenure Act and section 12.1 of the Coal Act, "applicable higher level plan" means an objective for a resource management zone that specifies that the objective applies to special use permits.

Resource management zones and objectives

3 (1) The ministers, by written order, may establish as a resource management zone an area of Crown land or an area of private land in a tree farm licence or woodlot licence, and may vary the boundaries of the zone or cancel the zone.

(2) The ministers, 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 ministers must provide for review and comment in accordance with the regulations.

(4) The ministers

(a) may delegate in writing the authority to jointly establish, vary or cancel a resource management zone or objective to 3 officials, as follows:

(i) a regional manager of the Ministry of Forests;

(ii) a regional director of the Ministry of Environment, Lands and Parks;

(iii) either but not both of the following officials of the Ministry of Energy and Mines:

(A) the director of the Petroleum Lands Branch;

(B) a regional manager of the Ministry of Energy and Mines, and

(b) may limit or cancel a delegation made under this subsection.

(5) The persons making an order under this section must file the order with the regional manager.

(6) 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.

(7) The regional manager must make available to the public

(a) the order, and

(b) a map showing the boundaries of the resource management zone.

(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 does not have to 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, or

(ii) the plan or agreement is replaced with a resource management zone and objectives in accordance with this section.

Landscape units and objectives

4 (1) To ensure that Crown land in a Provincial forest and private land in a tree farm licence or woodlot licence are managed and used in accordance with section 2 and the regulations, the district manager, by written order, may establish an area of land within the forest district as a landscape unit, and may vary the boundaries of the unit or cancel the unit, in accordance with

(a) the regulations, and

(b) any directions of the chief forester.

(2) [Repealed 1997-48-48.]

(3) The district manager must establish objectives for a landscape unit, and may vary or cancel an objective.

(4) When establishing, varying or cancelling an objective for a landscape unit, the district manager must do so by written order and in accordance with the regulations and any directions of the chief forester.

(5) Before establishing, varying or cancelling an objective for a landscape unit respecting a forest resource other than a recreation resource, the district manager must obtain the approval of a designated environment official.

(6) Before establishing, varying or cancelling a landscape unit or objective in a way that significantly affects the public, the district manager must provide for review and comment in accordance with the regulations.

(7) The district manager must file an order establishing, varying or cancelling a landscape unit or objective with the regional manager for the forest region within which the forest district is located.

(8) The establishment, variance or cancellation of a landscape unit or objective takes effect on the date the order is made or on a later date specified in the order.

(9) If an objective for a resource management zone is established or varied for an area that includes a landscape unit, to the extent that the objective for the landscape unit is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.

(10) The regional manager and the district manager must make available to the public

(a) the order, and

(b) a map showing the boundaries of the landscape unit.

Sensitive areas and objectives

5 (1) If, in the opinion of the district manager or a designated environment official, special circumstances require that

(a) Crown land, or

(b) private land in a tree farm licence or woodlot licence,

located within the forest district, be treated differently from adjacent lands to manage or conserve the forest resources, the district manager, by written order, may establish the area as a sensitive area in accordance with the regulations and any directions of the chief forester.

(2) [Repealed 1997-48-49.]

(3) The district manager must establish objectives for a sensitive area and may vary or cancel an objective.

(4) When establishing, varying or cancelling an objective for a sensitive area, the district manager must do so by written order and in accordance with the regulations and any directions of the chief forester.

(5) Before establishing, varying or cancelling an objective for a sensitive area, the district manager must provide notice in accordance with the regulations.

(6) Before establishing, varying or cancelling an objective for a sensitive area respecting a forest resource other than a recreation resource, the district manager must obtain the approval of a designated environment official.

(7) The district manager must file an order establishing, varying or cancelling a sensitive area or objective with the regional manager for the forest region within which the forest district is located.

(8) The establishment, variance or cancellation of a sensitive area or objective takes effect on the date the order is made or on a later date specified in the order.

(9) 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.

(10) The regional manager and district manager must make available to the public

(a) the order, and

(b) a map showing the boundaries of the sensitive area.

Interpretive forest sites, recreation sites and recreation trails

6 (1) In accordance with the regulations the chief forester, by written order, may establish Crown land as an interpretive forest site, recreation site or recreation trail, if the land is

(a) within a timber supply area, or

(b) subject to a tree farm licence, woodlot licence or timber licence,

and may vary or cancel an establishment under this subsection.

(2) Before establishing, varying or cancelling an area under subsection (1), the chief forester must obtain the consent of the holder of

(a) a cutting permit, free use permit, Christmas tree permit, road permit, timber licence, timber sale licence, silviculture prescription, stand management prescription, special use permit or licence to cut, other than a master licence to cut, or

(b) an interest issued or granted under the Land Act,

if the holder's rights under the permit, licence, prescription or interest would be adversely affected by the establishment, variation or cancellation.

(3) If the chief forester establishes an area under subsection (1), the chief forester must establish objectives for the area, in accordance with the regulations, within 6 months of the establishment.

(3.1) The establishment of an area under subsection (1) or of an objective under subsection (3) takes effect on the date the order is made or on a later date specified in the order.

(4) The chief forester may vary or cancel an objective established under subsection (3).

(5) The chief forester may delegate in writing to an employee of the Ministry of Forests, the chief forester's authority to establish, vary or cancel an objective and may limit or cancel the delegation.

Maintenance of interpretive forest sites, recreation sites and recreation trails

7 If an area has been established as an interpretive forest site, recreation site or recreation trail, the minister may develop, maintain, repair or close an interpretive forest site, recreation site or recreation trail on the area.

Standards for operational plans and forest practices

8 (1) If authorized by the regulations and in accordance with the regulations, the chief forester may establish, vary or cancel standards that must be met

(a) in preparing an operational plan, or

(b) in carrying out a forest practice.

(2) In a standard under subsection (1), the chief forester may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(3) The chief forester must file a standard with the regional manager for the area affected by the standard.

(4) A standard takes effect

(a) 6 months after it is filed with regional manager, or

(b) if authorized by the regulations and in accordance with the regulations, at an earlier time specified in the standard.

(5) The regional manager must make the standard available to the public in accordance with the regulations.

(6) If 2 or more standards apply to a specific area of British Columbia, the standard which provides greater protection and conservation of the environment and the forest resources prevails.

(7) A standard is not effective to the extent it conflicts with this Act or the regulations.

Management plans and inventories

9 (1) If an objective, specification or measure in a management plan differs from those provided under this Act, the regulations, the standards or the objectives established under this Part, the more stringent objective, specification or measure prevails.

(2) to (5) [Repealed 1997-48-52.]

Higher level plan transition required

9.1 A higher level plan must specify any provision of the plan that will not be implemented when the plan is established or varied and must specify the date the provision will be implemented or the circumstances that will enable it to be implemented.

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