Section 1, part 2 - FRPA Flashcards
When did FRPA come into force?
January 31, 2004
What is the point of FRPA?
What are its goals?
- Provides for the regulation of forest and range operational planning and practices.
- Governs how all forest and range operational planning and practices are to be conducted on crown land
- Goal: maintain high environmental standards while streamlining operational planning by focusing more on results than methods and providing licensees with greater operational flexibility and opportunity to innovate
What is the approach FRPA takes?
Moving away from the regulatory approach of the Forest Practices Code and adopting an objective based approach
How many parts does FRPA have?
11
Explain Part 1
- Definitions and interpretation
Define “agreement under the Forest Act”
An agreement in the form of a license, a permit, or an agreement referred to in section 12 of the Forest Act
(section 12 is under part 3, disposition of timber by the government, division 1, forms of rights to crown timber)
Define “forest practice”
A prescribed activity that is carried out by the government, the holder of an agreement under the Forest Act, or a person in a prescribed category of persons on private land, subject to a tree farm license, a community forest agreement or a woodlot license, or on crown forest land
Define “operational plan”
An FSP, WLP, RUP, or RSP
Define “standard”
A standard established by the chief forester under section 169
(section 169 is under part 9, regulations and standards)
In FRPA, what does Section 2 of Part 1 empower?
Section 2 - Interpretation
- Empowers minister to delegate powers and duties and to give binding direction to delegates
Explain Part 2
Part 2: forest stewardship plan, site plan and woodlot licence plan
- Sets out the requirement for FSP, SPs and WLPs
What part of FRPA pertains to FSPs and how?
Part 2, Division 1 - forest stewardship plan
- Requires an approved fsp to be in place before any harvesting of timber or road construction
- Lays out the rules for approving, rejecting, amending FSPs
What part of FRPA deals with site plans and how?
Part 2, Division 2 - site plan
- Requires holders of FSP to prepare site plans for cutblocks and toads before any harvesting can occur
- Outlines requirements of site plan, however, site plans do not require government approval
What part of FRPA deals with woodlot licences?
Part 2, Division 3 - woodlot license plan
- Establishes the requirements for woodlot license plans prior to harvesting or road construction
- WLPs require minister approval
- Term of WLP is 10 years
What is Part 2, Division 4 of FRPA?
General
- Specified that the minister must approve a FSP or an amendment to a FSP, if they conform with section 5
(section 5 is under part 2, division 1 - content of forest stewardship plan)
- Requires proposed FSPs or WLPs be available for public review or comment
Explain Part 3
Part 3: forest practices
- Sets out the forest practices that must be addressed in FSP and be achieved by resource users
What is the requirement of Part 3, Division 1?
Part 3, Division 1 - general
- Requires licensees to meet results and carry out strategies in forest stewardship plans
Explain Part 3, Division 2
Part 3, Division 2 - roads
- specifies rules for roads (FSRs, roads accessing crown timber)
- roads constructed or maintained under FRPA are not public highways
What part/division discusses forest health?
Part 3, Division 3 - forest health
- Issues include matters concerning insects, diseases, animals or abiotic factors
- Enables the lieutenant governor in council to designate areas a forest health emergency management area
Explain Part 3, Division 4
Part 3, Division 4 - silviculture and gene resources
- All trees on crown land established under this division are the property of the government
- Requires free growing stands to be achieved (obligation can be transferred)
What part discusses range?
Part 4: range
- Provides for range use and range stewardship plans, and grazing schedules
What does Part 5 deal with? Explain division 1
Part 5: protection of resources
Division 1 - general
- Prohibits damage to the environment and provides an exception for weather conditions or site factors
- Requires management of invasive plants
What is Part 5, Division 2?
Division 2 - unauthorized timber harvesting, trespass and tree spiking
- Prohibits unauthorized timber harvesting and tree spiking
What is Part 5, Division 3?
Division 3 - recreation
- Provides objectives related to recreation with which results or strategies under FSPs must be consistent
What is Part 6?
Part 6: Compliance and enforcement
- Specifies the law that applies to contraventions of the Forest Practices Code of British Columbia Act
Explain Part 6, Division 1, 2, 3, 4, and 5
Division 1 - inspecting, stopping and seizing
Division 2 - seizure
Division 3 - administrative penalties
Division 4 - corrections, reviews and appeals
Division 5 - offences and court orders
What is part 7? Explain Division 1
Part 7: General
Division 1 - liability and privilege
- Establishes the liability of persons to government for costs incurred in relation to specified contraventions
- Allows licensees to declare obligations are met
Explain Part 7, Division 2
Division 2 - miscellaneous
- Provides rules and authorities for a number of administrative matters and other miscellaneous matters
Explain Part 7, Division 3
Division 3 - delegation
- Allows minister to delegate their power or duty, including quasi-judicial power or duty
What is Part 8?
Part 8: Forest practices board
Explain Part 8, Division 2
Division 2 - complaints and audits
- Provides mandates and functions of the board
- Establishes power of the board
- The board must carry out periodic independent audits
Explain Part 8, Division 3 and 4
Division 3 - remedies
- The Board may make reports and recommendations and may require parties to inform the Board of actions taken
Division 4 - general
- Provides rules and authorities for a number of administrative matters and other procedural matters
What section deals with forest appeals commission?
Part 8 Section 8.1
- Continues the forest appeals commission (FAC)
- Specifies its mandate to hear appeals and establishes requirements for merit based selection process
What is Part 9?
Part 9: Regulations and standards
- Enables government to make them
What is Part 10?
Part 10: Pilot projects
- Allows pilot projects to be created by regulation
What is Part 11?
Part 11: Transitional
- Sets out rules for transition from forest practices code to FRPA, including the December 31, 2006 deadline for expiry of forest development plans, after which forest stewardship plans are needed to obtain a cutting permit or road permit
How many regulations are in force to compliment FRPA?
13
What is FPPR?
Forest planning and practices regulation
- Most significant day to day regulation for major licensees
- Sets out additional content and requirements for forest stewardship plans
- Sets out rules for professional certification
- Outlines basic test for FSP result or strategy consistent with objective
- Specifies FRPA sec. 149 “objectives set by government”
What is FPBR?
Forest practices board regulation
- Addresses audits by the board, complaints by the public and the reporting of significant breaches
- Specifies qualifications for auditors, deadline for releasing audit reports, how a complaint can be made
What is FSRR?
Forest service road use regulation
- Establishes the “rules of the road” for persons using forest service roads (traffic control, speed limits, use of 2 way radios)
What is GAR?
Government action regulation
- Specifies test that must be met before government can make a designation or set an objective under the regulation, including tests related to :
- impact on timber supply
- impact on licensee rights
Which regulation requires measures to be specified in a forest stewardship plan or range use to prevent invasive from being introduced?
Invasive Plants Regulation
Explain woodlot licence planning and practices regulation?
Sets out the requirements for woodlot licence plans (WLP)
What is FRecR
Forest Recreation Regulation
- Specifies the process for the minister to make an order under FRPA sec. 58
- Establishes when consent under FRPA sec. 57 to build a trail or recreation facility is not required
Explain Range Planning and Practices Regulation
Sets out the requirements related to range stewardship plans and range practices
Name some other FRPA regulations
- Administrative orders and remedies regulation
- Fort st. john pilot project procedure regulation
- Forest planning and practices regulations notices (wildlife habitat)
What did FRPA replace and when?
Forest practices code of british columbia act, january 2004
