Section 1: Forest Act Flashcards
Which Act?
o Enacted in 1912
o Established a provincial Department of Forestry, now the BC Forest Service
o Contained conservation measures
o Created forest reserves designated for timber harvesting
o Introduced Timber Sale Licence (TSL) – one time right to harvest a specific stand
o The new Ministry of Forests Act, Forest Act, and Range Act released in 1978
Forest Act
How many parts to the Forest Act and what are they?
There are 14 parts to the Forest Act
1. Definitions and Interpretations
2. Classification and management of Forests and Forest Land and Regulation of Cutting Rates
3. Disposition of Timber by Government
4. General tenure Provisions
5. Timber Marking
6. Timber Scaling
7. Payment to the Government
8. Roads and Right of Way
9. Marine Log Salvage
10. Manufacture in BC
11. Recovery of Money Miscellaneous AND 11.1 Inspections, Audits and Assessments
12. Review, Appeals, regulations and Penalties
13. Designated Areas
14. Nisga’a Final Agreement Implementation
The Forest Act Part 1: Definitions and Interpretation
Provides rules of interpretation including:
-definitions are terms used throughout the Act
-delegation provisions that empower the minister to delegate powers/duties to give binding direction to delegates
Forest Act Part 2: Classification and Management of Forests and Forest Land and Regulation of Cutting Rates
Deals with the designation and management of forests and forest land and the regulation of allowable annual cuts for management unit areas.
Which Act has had many changes since 1978 which reflect social, economic and environmental changes?
The Forest Act
Forest Act Part 3: Disposition of Timber by the Government
-Form of Agreements: specifies the forms of agreement under which the minister or Timber Sales Manager may grant timber harvesting rights.
-Specifies Rules by Tenure Type: contains detailed rules for application and award, content and replacement, consolidation and subdivision of the forms of agreement (except Road Permits, which are addressed in Part 8 of the Act)
Forest Act part 4: General Tenure Provisions
Contains key rules that are applicable across most tenure agreements that relate to transfers, exchanges, changes in AAC, compensation, enforcement of AAC partitions, cut control, suspensions and cancellations.
Forest Act Part 5: Timber Marking
Requires that, unless exemption is obtained:
-no timber can be removed from Crown or private land without first being marked with a timber mark in accordance with the regulations (see the Timber Marking and Transportation Regulation); and
-no timber can be removed from a scale site without first being marked with a scaled timber brand in accordance with the regulations (see the Timber Marking and Transportation Regulation).
Forest Act Part 6: Timber Scaling
-Provides the rules for scaling of forest products and makes provision for the proper scaling, measurement and classification of timber for the purposes of Crown charges and commercial timber transactions
-unless the timber is scaled, prohibits the manufacture, sale or transport (other than to a scaling site) of timber from private land, Crown land and water-salvaged timber
-allows special forest products to be scaled instead of timber
specifies who is to perform scales
Forest Act Part 7: Payments to the Government
How to assess Crown charges applicable to timber cut on Crown land; stumpage payments, annual rent, waste billing, private land, etc
Forest Act Part 8: Roads and Rights of Way
deals with roads to be constructed and used for transporting forest products; road permits, road use permits, accessing timber through private land and compensation for that
Forest Act Part 9 Marine Log Salvage
regulates log salvage requiring authority to salvage and accept salvaged logs
Forest Act Part 10 Manufacture in BC
requires certain timber and wood residue to be used in the Province or manufactured in the Province into specified products, unless an exemption is made
Forest Act Part 11 Recovery of Money Miscellaneous
provides the government with extensive remedies to recover money owed including audits
Forest Act Part 12 Reviews Appeals Regulations and Penalties
establishes rights of review and appeal from specified decisions made by the minister or timber sales manager, allows Cabinet to make regulations and establishes offences, penalties and limitation periods.
