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Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 9 — FOREST RESOURCES

9.1.0  FOREST AND RANGE RESOURCES ON MAA‑NULTH

FIRST NATION LANDS

9.1.1  Each Maa‑nulth First Nation owns the Forest Resources and Range Resources on its Maa‑nulth First Nation Lands.

9.1.2  Each Maa‑nulth First Nation, as owner, has exclusive authority to determine, collect and administer any fees, rents or other charges, except taxes, relating to the harvesting of Forest Resources or Range Resources on its Maa‑nulth First Nation Lands.

9.2.0  LAW-MAKING

9.2.1  Each Maa‑nulth First Nation Government may make laws in respect of Forest Resources, Forest Practices and Range Practices on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation.

9.2.2  Federal Law or Provincial Law prevails to the extent of a Conflict with Maa‑nulth First Nation Law under 9.2.1.

9.3.0  MANUFACTURE AND EXPORT OF TIMBER RESOURCES

9.3.1  Timber Resources harvested from Maa‑nulth First Nation Lands are not subject to any requirement under Provincial Law for use or manufacturing in British Columbia.

9.3.2  Logs from Maa‑nulth First Nation Lands may be proposed for export under Federal Law and policy as if the logs had been harvested from an Indian Reserve in British Columbia.

9.4.0  TIMBER MARKING AND SCALING

9.4.1  For greater certainty:

a. nothing in this Agreement confers authority on a Maa‑nulth First Nation Government to make laws in respect of Timber marking and scaling; and

b. Provincial Law in respect of Timber marking and scaling applies to Timber harvested on and transported off Maa‑nulth First Nation Lands.

9.5.0  FOREST AND RANGE HEALTH

9.5.1  Each Maa‑nulth First Nation is responsible for the control of insects, diseases, invasive plants, animals or abiotic factors on its Maa‑nulth First Nation Lands which may affect the health of Forest Resources or Range Resources on its Maa‑nulth First Nation Lands.

9.5.2  If Canada or British Columbia becomes aware of insects, diseases, invasive plants, animals or abiotic factors on Crown lands that may threaten the health of Forest Resources or Range Resources on adjacent Maa‑nulth First Nation Lands, British Columbia or Canada, as the case may be, will notify the applicable Maa‑nulth First Nation and:

a. in the case of British Columbia, British Columbia and that Maa‑nulth First Nation will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and on provincial Crown lands, in accordance with Federal Law or Provincial Law; and

b. in the case of Canada, Canada and that Maa‑nulth First Nation will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and on federal Crown lands, in accordance with Federal Law or Provincial Law.

9.5.3  If a Maa‑nulth First Nation becomes aware of insects, diseases, invasive plants, animals or abiotic factors on its Maa‑nulth First Nation Lands that may threaten the health of Forest Resources or Range Resources on adjacent provincial or federal Crown lands, it will notify British Columbia or Canada, as the case may be, and:

a. in the case of British Columbia, that Maa‑nulth First Nation and British Columbia will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and on provincial Crown lands, in accordance with Federal Law or Provincial Law; and

b. in the case of Canada, that Maa‑nulth First Nation and Canada will use reasonable efforts to reach agreement on an appropriate response to address the impacts of such insects, diseases, invasive plants, animals or abiotic factors on Forest Resources or Range Resources on the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and on federal Crown lands, in accordance with Federal Law or Provincial Law.

9.5.4  For greater certainty, nothing in this Agreement limits the application of Federal Law or Provincial Law in relation to the health of Forest Resources or Range Resources.

9.6.0  WILDFIRE SUPPRESSION AND CONTROL

9.6.1  Subject to the Wildfire Suppression Agreements entered into in accordance with 9.6.2, and subject to 9.6.3 and 9.6.5, Provincial Law in respect of the protection of resources from wildfire and for wildfire prevention and control applies to Maa‑nulth First Nation Lands as Private Lands.

9.6.2  On the Effective Date, British Columbia and Canada will enter into a Wildfire Suppression Agreement with each Maa‑nulth First Nation, which will set out how the costs incurred by British Columbia for wildfire control on the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation for wildfires that originate on such lands, will be shared by British Columbia, Canada and that Maa‑nulth First Nation.

9.6.3  Subject to the limitations on the scope of a Maa‑nulth First Nation's responsibility to pay wildfire control costs set out in the applicable Wildfire Suppression Agreement, that Maa‑nulth First Nation is responsible for one third of the costs incurred by British Columbia for wildfire control on its Maa‑nulth First Nation Lands for wildfires which originate on such lands.

9.6.4  For greater certainty, the responsibility of a Maa‑nulth First Nation in accordance with 9.6.3 for the costs incurred by British Columbia for wildfire control does not include responsibility for any costs associated with wildfire control off its Maa‑nulth First Nation Lands.

9.6.5  British Columbia will respond to a wildfire originating on Maa‑nulth First Nation Lands on the same priority basis as for provincial Crown lands and in accordance with any priorities as set by the Minister.

9.6.6  For the purposes of the Wildfire Suppression Agreement contemplated by 9.6.2:

a. each Wildfire Suppression Agreement remains in effect between that Maa‑nulth First Nation and British Columbia unless terminated at the request of that Maa‑nulth First Nation, on the same terms, subject to those terms which that Maa‑nulth First Nation and British Columbia negotiate on a periodic basis; and

b. Canada's participation in each Wildfire Suppression Agreement is limited to assuming a share of costs under that agreement for a period of 10 years commencing on the Effective Date.

9.6.7  Subject to any cost-sharing arrangement which may be in effect between Canada and British Columbia regarding wildfire suppression on lands provided under land claims agreements, Canada and British Columbia may, at their respective discretion, enter into new agreements from time to time in respect of Canada's continuing participation in a Wildfire Suppression Agreement following the 10 year period referred to in 9.6.6b.

9.6.8  Nothing in 9.6.2 or 9.6.3 limits the ability of any Party to pursue legal action against third parties.

9.6.9  At the request of a Maa‑nulth First Nation, or in accordance with Provincial Law, British Columbia may enter on the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation and assist in the provision of, or carry out, wildfire control.

9.6.10  A Maa‑nulth First Nation is not responsible for any costs associated with wildfire control incurred by British Columbia or Canada on its Maa‑nulth First Nation Lands if the wildfires originate off such lands unless that Maa‑nulth First Nation is responsible for the wildfire under Provincial Law.

9.7.0  TIMBER HARVESTING RIGHTS EXISTING BEFORE EFFECTIVE DATE

9.7.1  British Columbia will ensure that on the Effective Date any right to harvest Timber granted under Provincial Law that applies to Maa‑nulth First Nation Lands ceases to be valid.

9.8.0  OBLIGATIONS EXISTING BEFORE EFFECTIVE DATE

9.8.1  Unless otherwise requested by a Maa‑nulth First Nation, British Columbia will ensure that any obligation that applies on its Maa‑nulth First Nation Lands in respect of Forest Practices and Range Practices will be fulfilled in accordance with Provincial Law.

9.8.2  Each Maa‑nulth First Nation will provide access to its Maa‑nulth First Nation Lands, at no cost, to British Columbia and to any Interest holder whose rights to Forest Resources and Range Resources cease to be valid in accordance with 9.7.1, and to their respective employees, agents, contractors, successors or assigns, in order to fulfill the obligations referred to in 9.8.1.

9.9.0  FOREST RESEARCH PLOTS

9.9.1  On the Effective Date, the applicable Maa‑nulth First Nation will grant to British Columbia licences in the applicable form in Appendix L, to enter onto its Maa‑nulth First Nation Lands for the purpose of conducting forestry related studies, tests and experiments, for those research installations and growth and yield sites respectively identified for illustrative purposes as "Research Installations" and "Growth and Yield Sites" in Appendix M.

Contents  |  Sections 1 to 31  |  Schedule - Contents  |  Schedule - Preamble  |  Schedule - Chapter 1  |  Schedule - Chapter 2  |  Schedule - Chapter 3  |  Schedule - Chapter 4  |  Schedule - Chapter 5  |  Schedule - Chapter 6  |  Schedule - Chapter 7  |  Schedule - Chapter 8  |  Schedule - Chapter 9  |  Schedule - Chapter 10  |  Schedule - Chapter 11  |  Schedule - Chapter 12  |  Schedule - Chapter 13  |  Schedule - Chapter 14  |  Schedule - Chapter 15  |  Schedule - Chapter 16  |  Schedule - Chapter 17  |  Schedule - Chapter 18  |  Schedule - Chapter 19  |  Schedule - Chapter 20  |  Schedule - Chapter 21  |  Schedule - Chapter 22  |  Schedule - Chapter 23  |  Schedule - Chapter 24  |  Schedule - Chapter 25  |  Schedule - Chapter 26  |  Schedule - Chapter 27  |  Schedule - Chapter 28  |  Schedule - Chapter 29  |  Appendix - Contents  |  Appendix - Introduction  |  Appendix A  |  Appendix B  |  Appendix C  |  Appendix D  |  Appendix E  |  Appendix F  |  Appendix G  |  Appendix H  |  Appendix I  |  Appendix J  |  Appendix K  |  Appendix L  |  Appendix M  |  Appendix N  |  Appendix O  |  Appendix P  |  Appendix Q  |  Appendix R  |  Appendix S  |  Appendix T  |  Appendix U  |  Appendix V  |  Appendix W  |  Appendix X  |  Appendix Y