Section 1, part 1 - Forest Act Flashcards
When was the forest act first enacted and what did it establish
1912, a provincial department of forestry, contained conservation measures, and created forest reserves (areas for harvesting), and the timber sale license (new form of tenure)
What changes were made to the forest act in 1976?
- New Ministry of Forest Act, Forest Act, and Range Act were created.
- Ministry was charged with the duty of managing the forests for integrated use
What is the forest act and how many parts does it have?
The Forest act is one of two main pieces of legislation that governs logging on BC’s publicly owned forested land. Primarily addresses rights to log crown timber.
14 parts
Describe part 1 of The Act - Definitions and Interpretations
Definition of terms, delegation of provisions
Describe part 2 of The Act - Classification and Management of Forests and Forest Land, and Regulation of Cutting Rates
Designation and management of forests and forest land, regulation of allowable annual cuts
Describe part 3 of The Act - Disposition of Timber by the Government
Specifies how crown timber harvesting rights can be granted under agreements.
- Issuing rights to harvest crown timber is prohibited except under the forest act and its regulations (limited exceptions in the land act and park act)
Describe part 4 of The Act - General Tenure Provisions
Key rules that are applicable across most tenure agreements that relate to transfer, exchanges, changes in aac, compensation, enforcement of aac partitions
Describe part 5 of The Act - Timber Marking
Requires that, unless an exemption is obtained, no timber can be removed from crown or private land without first being marked. No timber can be removed from a scale site without first being marked with a scaled timber brand
Describe part 6 of The Act - Timber Scaling
Provides the rules for scaling of forest products
Describe part 7 of The Act - Payments to the Government
Sets out the means of determining and assessing the crown charges that are applicable to timber cut from crown land, provides for the payment of stumpage and annual rent
Describe part 8 of The Act - Roads and Right of Way
Deals with roads to be constructed and used for transporting forest products (road permits and road use permits over crown land)
Describe part 9 of The Act - Marine Log Salvage
Establishes a scheme to regulate log salvage, requiring authority to salvage logs and to accept salvaged logs
Describe part 10 of The Act - Manufacture in British Columbia
Requires certain timber and wood residue to be used in the province or manufactured in the province into specified products
Describe part 11 of The Act - Recovery of Money, Miscellaneous
Provides the government with extensive remedies to recover money owed
- 11.1 creates forest revenue audit program enabling gov to inspect and audit records to ensure the correct stumpage is being collected
Describe part 12 of The Act - Reviews, Appeals, Regulations, and Penalties
Establishes rights of review and appeal from specified decisions made by the minister or TSM
Describe part 13 of The Act - Designated Areas
Provides for the designation of crown land as a designated area
postponement, suspension or variation of forest activities in designated areas
- the reduction of aac’s in TSAs and TFLs where designated areas occur
Describe part 14 of The Act - Nisga’a Final Agreement Implementation
Allows the ministry to enter into tenure agreements with licensees and certain contractors and subcontractors who lose harvesting rights as a result of the Nisga’a final agreement
How many regulations are made under the authority of the forest act, part 12
36
Allowable Annual Cut (AAC) Administration Regulation
- How the AAC available to the holder of a TFL, community forest agreement, or FN woodland license is calculated
- Formulas for automatic AAC adjustments to account for land base changes
Allowable Annual Cut (AAC) Partition Regulation
- The base-level allowable annual cut for forest licenses that is used to determine whether a forest license is exempt from limits under partition orders
- criteria for exempted licenses
- formulas to calculate harvest volume limits for licenses in TSAs and TFLs
- penalty rates
BC Timber Sales Regulation
- Registration requirements for BCTS enterprises
- Requirements relating to timber sale licence advertising and deposit administration
- Application form and fee for extensions of TSLs
Community Tenures Regulation
- The circumstances under which the minister may direct award a community forest agreement
- Criteria and considerations that must be satisfactory to the minister in order to change the boundary or area of a community forest agreement
- Application procedure/evaluation for community forest agreement and community salvage license
Cut control Regulation
- Penalties for excess harvest
Designated Areas Regulation
- Lists the forest act regulations that designate areas under section 169 of the act (part 13)
(section 169 = specifying crown land as a designated area)
First Nations Tenures Regulation
- Specifies who can hold a first nation woodland license or direct award community forest agreement
- Provides the minister the authority to change the FNWL if the change will improve forest management
Forest License Regulation
- Provides categories of applicants eligible to bid on restricted (non-replaceable) forest licenses
License to Cut Regulation
- Provides for a license to cut to be issued by the minister for the purposes of small salvage, wildfire protection, rehab from mountain pine beetle
Scaling Regulation
- Requires timber to be scaled as soon as possible after it is cut
- Prescribes scaling procedures, method for calculating volume and sampling techniques
- Prescribes coast and interior timber grades
Timber Definition Regulation
- For the purposes of specified provisions in the Forest Act, expands the definition of timber to include special forest products designated by regulation
Timber Harvesting Contract and Subcontract Regulation
- Requires certain harvesting agreements to be in writing, assignable, contain dispute resolution mechanisms, be replaceable
- Amendments can be made to the provisions
- Rules for reducing harvesting rights or changing harvesting methods
Tree Farm License Management Plan Regulation
- Sets out the content and timing requirements for management plans (the information in these plans is used in determining the AAC of TFLs)
Wood Lot License Regulation
- Sets out the requirements for applications for woodlot licenses
- Specifies criteria that must be met to enable district managers to make minor changes to the boundaries of woodlot licenses
- Specifies criteria for surrender of woodlot licence
