FOREST ACT — continued

[RSBC 1996] CHAPTER 157

Part 1 — Definitions and Interpretation

Section 001 — Definitions and interpretation

1 (1) In this Act:

"allowable annual cut" means

(a) in respect of a tree farm licence area or a timber supply area, the rate of timber harvesting determined for the area under section 8 (1), as increased or reduced under this Act, and

(b) in respect of an agreement entered into under this Act specifying an allowable annual cut, the rate of timber harvesting specified in the agreement, as increased or reduced under this Act;

"bonus bid" means a bid

(a) tendered in order to acquire the right to harvest timber under an agreement under this Act,

(b) calculated on a dollar value per cubic metre of competitive species and forest products harvested and measured in compliance with the agreement, and

(c) payable from time to time in accordance with the agreement;

"bonus offer" means a lump sum dollar value that is tendered in order to acquire the right to harvest timber under an agreement under this Act, irrespective of the volume and type of competitive species and forest products harvested under the agreement;

"chief forester" means the chief forester appointed under the Ministry of Forests Act;

"Christmas tree permit" means a Christmas tree permit entered into under section 50;

"Crown land" has the same meaning as in the Land Act, but does not include land owned by an agent of the government;

"Crown timber" means timber on Crown land, or timber reserved to the government;

"cultural heritage resource" means an object, a site or the location of a traditional societal practice that is of historical, cultural or archaeological significance to British Columbia, a community or an aboriginal people;

"cutting permit" means a cutting permit issued under an agreement entered into under this Act;

"district manager" means a district manager appointed for a forest district under the Ministry of Forests Act;

"firmwood reject" means "firmwood reject" as defined by regulation;

"forest land" means land classified as forest land under section 4;

"forest licence" means a forest licence entered into under Part 3, Division 2;

"forest officer" means a person employed in the Ministry of Forests who is designated by name or title to be a forest officer by the minister, the chief forester or a regional manager;

"forest region" means a forest region established by regulation;

"forest service road" means a road that

(a) is constructed, modified or maintained by the minister under section 121,

(b) was or became a forest service road under section 95 (1) (b) or (c) or (2) (b) of the Forest Act, R.S.B.C. 1979, c. 140, before the repeal of that section,

(c) is declared a forest service road under section 115 (5), or

(d) was, under the former Act, constructed or maintained by the minister, or declared a forest service road;

"former Act" means the Ministry of Forests Act repealed by the Forest Act, S.B.C. 1978, c. 23;

"free use permit" means a free use permit entered into under Part 3, Division 9;

"government" means the government of British Columbia;

"licence to cut" means a licence to cut entered into under Part 3, Division 9;

"major licence" means

(a) a timber sale licence that is

(i) replaceable under this Act and that has an allowable annual cut greater than 10 000 m3, or

(ii) issued under section 23 (1) (a) to satisfy the obligations of the government under a pulpwood agreement,

(b) a tree farm licence,

(c) a timber licence, and

(d) a forest licence;

"management plan" means a management plan or management and working plan approved under

(a) a tree farm licence,

(b) a woodlot licence,

(c) a pulpwood agreement, or

(d) a forest licence;

"merchantable timber" means, for a timber licence, trees that

(a) on January 1, 1975 were older than 75 years, and

(b) are on an area of Crown land in quantities determined by the regional manager to be sufficient to be commercially valuable at the time when a timber cruise submitted under section 74 is made;

"Peace River Block" means that rectangular block of land in the Peace River Land District of British Columbia with corners having these geographical values:

northeast corner, latitude 56°40'57.95", longitude 119°59'59.25";

southeast corner, latitude 55°38'09.04", longitude 119°59'59.76";

southwest corner, latitude 55°37'15.75", longitude 121°56'02.45";

northwest corner, latitude 56°40'01.66", longitude 121°59'13.18";

"private land" means land that is not Crown land;

"private tenure" means a timber licence, or private land, in a tree farm licence area;

"professional forester" means a professional forester as defined in the Foresters Act;

"Provincial forest" means forest land designated under section 5;

"pulpwood agreement" means a pulpwood agreement entered into under Part 3, Division 7;

"pulpwood area" means an area designated under section 40;

"regional manager" means a regional manager appointed for a forest region under the Ministry of Forests Act;

"road permit" means a road permit granted under Part 8;

"road use permit" means a road use permit granted under section 117;

"salvaged logs" means salvaged logs as defined by regulation;

"Small Business Forest Enterprise Account" means money in the account established under section 109 (1);

"small business forest enterprise revenue" means the portion of revenue due the government under this Act, that results from or is in any way related to

(a) timber sale licences granted under section 20,

(b) timber sale licences granted under section 21, and

(c) timber sale licences granted under section 23 (1) (c), (d) and (e), (2), (3), and section 24 (2) and (7) that have an allowable annual cut of 10 000 m3 or less,

and includes money that, under section 109 as it stood on July 10, 1988, was available for the purposes of that section;

"special forest products" means poles, posts, pilings, shakes, shingle bolts, Christmas trees and other similar forest products designated by regulation as special forest products;

"special use permit" means a special use permit referred to in section 2 of the Forest Practices Code of British Columbia Act;

"timber" means trees, whether standing, fallen, living, dead, limbed, bucked or peeled;

"timber licence" means a timber licence entered into under Part 3, Division 5;

"timber processing facility" means a facility that processes timber or wood residue or both;

"timber sale licence" means a timber sale licence entered into under Part 3, Division 3;

"timber supply area" means land designated as a timber supply area under section 7;

"tree farm licence" means a tree farm licence entered into under Part 3, Division 2 or 5;

"tree farm licence area" means the area of land subject to a tree farm licence;

"wilderness area" means a part of the Provincial forest designated as wilderness under section 6;

"wood residue" means wood chips, slabs, edgings, sawdust, shavings and hog fuel;

"woodlot licence" means a woodlot licence entered into under Part 3, Division 8;

"woodlot licence area" means the area of land subject to a woodlot licence.

(2) A reference in this Act to the minister or the minister's designate, or the minister or a person authorized by the minister, or any similar reference is not to be construed as meaning that a reference to the minister alone requires the minister to deal with the matter personally, and a reference to the minister alone is to be construed as a reference to the minister or any appropriate official of his or her ministry.

(3) Despite the Expropriation Act, that Act does not apply, except as expressly provided in this Act, in respect of a taking, deletion or reduction, by or under this Act, of any right or interest held by a person under or by virtue of this Act or the former Act.

(4) For the avoidance of doubt it is declared that the reference in subsection (3) to a taking, deletion or reduction includes a taking, deletion and reduction in respect of which notice was given before that subsection came into force.