FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT

"determination" means any act, omission, decision, procedure, levy, order or other determination made under this Act, the regulations or the standards by an official or a senior official;

Section 54 BEFORE changes were made by 2000-6-33 effective November 24, 2000 (BC Reg 373/00).

Use of roads on Crown land for development of natural resources

(a) timber harvesting, including the transportation of the timber or associated machinery, material or personnel, or

(c) the person is authorized to do so under a Christmas tree permit, road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits;

(d) the road is a forest service road, and the person is authorized to use it by a road use permit;

(e) the road is one for which another person has a road permit, special use permit, cutting permit or timber sale licence that does not provide for cutting permits, and the person is authorized to use it by a road use permit.

(2) A person who is developing natural resources other than timber must not use a road on Crown land for the development of the natural resources, including the transportation of the natural resources or associated machinery, material or personnel, unless one of the following requirements is met:

(a) the road was approved under the Geothermal Resources Act or the Petroleum and Natural Gas Act;

(b) the road is located inside the boundary of a claim, lease, permit or other authorization granted or issued under the Coal Act, the Mineral Tenure Act, the Mines Act or the Mining Right of Way Act, and the road was built under the authority of one of those Acts;

(c) the road is located outside the boundary of a claim, lease, permit or other authorization granted or issued under an Act referred to in paragraph (b), and the person is authorized to use it by a special use permit;

(d) the road is a forest service road, and the person is authorized to use it by a road use permit;

(4) The district manager may exempt a person from the requirement to have a road use permit, on being satisfied that the person's use of the road will not

(b) unnecessarily disturb the natural environment or cultural heritage resources.

(5) The district manager may exempt a person from a requirement to have a road permit, or requirement under a regulation referred to in section 2 (5) to have a special use permit for use of a road, on being satisfied that

(ii) unnecessarily disturb the natural environment or cultural heritage resources, and

(5.1) The district manager may make an exemption under subsections (4) and (5) subject to conditions, and the person exempted must comply with the conditions.

(6) A person who uses a road in accordance with subsection (1) or (2) must do so in accordance with all of the following:

(c) any cutting permit, road permit, road use permit, special use permit or timber sale licence that does not provide for cutting permits.

Sections 60.1 and 60.2 were added by 2000-6-35 effective November 24, 2000 (BC Reg 373/00).

Sections 117.2 BEFORE changes were made by 2000-6-41 effective March 30, 2001 (BC Reg 76/01).

Penalty revenue to be paid into special account

117.2 All revenue payable from penalties imposed under this Division must be paid into the Environmental Remediation Sub-account of the Forest Stand Management Fund special account established by the Special Accounts Appropriation and Control Act.

Sections 118(3), (4), and (5) BEFORE changes were made by 1997-48-108(c) and (d) effective March 30, 2001 (BC Reg 76/01).

(3) If a person fails to comply with an order under subsection (1) or section 82, 99 (2), 101 (2), 102 (3) or 106 (1) by the date specified in a notice given under subsection (2), a senior official may do one or more of the following:

(a) in a notice given to the person, restrict or prohibit the person from carrying out the work referred to in the order;

(4) If a senior official carries out work under subsection (3), he or she may levy against the person who failed to comply with the order a penalty in an amount the senior official determines to be equal to the expenses incurred in carrying out the work.

(5) If a senior official carries out work under subsection (3) that results from a contravention of section 70, the person who failed to comply with the order must pay a penalty of twice the amount the senior official determines to be equal to the expenses incurred in carrying out the work.

Sections 118(8) BEFORE changes were made by 1997-48-108(e) effective March 30, 2001 (BC Reg 76/01).

(8) If there is a surplus of funds remaining from the realization of a security under subsection (3) (c) after payment of the costs incurred by the government in doing the work, the senior official must promptly refund the surplus to the person.

Section 125.1 BEFORE changes were made by 1997-48-112 effective March 30, 2001 (BC Reg 76/01).

Definitions

(a) a person employed in any of the ministries who is designated by name or title to be a review official by the deputy minister of that ministry, or

(b) for a review requested under section 128 (2), a person employed in the Ministry of Forests who is designated by name or title to be a review official by the deputy minister of the Ministry of Forests.

Section 125.1 definition of "ministries" added by 1997-48-112 effective March 30, 2001 (BC Reg 76/01) however this is amended by 1999-34-30(a) effective 15 July 1999 (Royal Assent)

Section 128 BEFORE changes were made by 1999-34-31 effective March 30, 2001 (BC Reg 76/01).

Forest Practices Board may have determination or decision reviewed

(b) a failure to make a determination under section 82, 95 (2) or 117 to 120, and

(c) if the regulations provide and in accordance with the regulations, a determination under Division 5 of Part 3 with respect to approval of a forest development plan, range use plan or amendment to either of those plans.

(2) To obtain a review of a failure to make a determination, the board must deliver a request for review to the review official referred to in paragraph (b) of the definition of "review official" in section 125.1, and to the person who would be subject to the determination, not later than 6 months after the occurrence of the event that would have been the subject of the determination.

(3) To obtain a review of a determination, the board must deliver a request for review to the review official specified in the notice of determination, and to the person who is the subject of the determination, not later than 3 weeks after the date the notice was given to the person who is the subject of the determination.

(3.1) The board must ensure that the request for review complies with the content requirements of the regulations.

(4) Before or after the time limit in subsection (3) expires, the regional manager may extend it.

(5) If the board does not deliver the request for review within the time specified, the board loses the right to a review.

Section 143(3) BEFORE changes were made by 2000-6-42 effective November 24, 2000 (BC Reg 373/00).

(3) A person who contravenes section 21, 22 (2), (3), (4), (5) or (6), 23 (2), 24 (2), 27 (1), 35 (1), 36 (2), 46 (1) or (3), 47 (1), 50, 52 (2), 54 (1), (2) or (6), 60 (1), 72 (2), 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.

Section 247 BEFORE it was repealed by 2000-6-48 effective February 26, 2001 (BC Reg 18/01).

Silviculture prescriptions and road layout and designs continued

(a) a silviculture prescription is submitted for the approval of the district manager or is approved by the district manager,

(b) in the case of a silviculture prescription that must be prepared by the district manager, the silviculture prescription is signed and sealed by a registered professional forester or is given effect by the district manager, or

(c) a road layout and design is prepared by a person who is required to prepare it or is approved by the district manager,

the law respecting the content of a silviculture prescription and a road layout and design, as it was immediately before June 15, 1998, continues to apply to that silviculture prescription or road layout and design, and to an amendment to that silviculture prescription or road layout and design.

"Point in Time" Act Content