Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Forest Act

Allowable Annual Cut Administration Regulation

B.C. Reg. 69/2009

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 3 July 28, 2015
Section 3.1 July 28, 2015
Section 3.2 July 28, 2015
Section 4 January 30, 2013
July 19, 2016
Section 5 January 30, 2013
May 25, 2018
Section 7 January 30, 2013
Section 7.1 January 30, 2013
Section 8 January 30, 2013
Section 8.1 December 6, 2010
Section 10 January 30, 2013
Section 11 June 9, 2011
January 30, 2013
Section 11.1 May 25, 2018
Section 12 June 9, 2011
January 30, 2013
Section 12.1 May 25, 2018
Section 13 July 19, 2016

 Section 3 BEFORE amended by BC Reg 150/2015, effective July 28, 2015.

Allowable annual cut available

3   For the purposes of the definition of "allowable annual cut available" in section 1 (1) of the Act, the allowable annual cut available to a tree farm licence holder is the allowable annual cut of the tree farm licence area minus

(a) the allowable annual cut attributed to a reservation referred to in section 35 (1) (h) of the Act, except the portion of the reservation attributed to a deletion of Crown land from the tree farm licence area under section 39.1 of the Act if the agreement making the deletion states that the deletion of Crown land is to offset a reservation referred to in section 35 (1) (h) of the Act, and

(b) the reduction to the allowable annual cut attributed to the tree farm licence under section 3 (3) of the Forestry Revitalization Act, except the portion of the reduction attributed to a deletion of Crown land from the tree farm licence area

(i) by order of the minister under section 3 (4) of that Act, or

(ii) under section 39.1 of the Forest Act, if the agreement making the deletion states that the deletion of Crown land is to offset a reduction under section 3 (3) of the Forestry Revitalization Act.

 Section 3.1 was enacted by BC Reg 150/2015, effective July 28, 2015.

 Section 3.2 was enacted by BC Reg 150/2015, effective July 28, 2015.

 Section 4 BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

 For the purposes of section 8.1 of the Act

4  Sections 5 to 11 of this regulation are for the purposes of section 8.1 of the Act.

 Section 4 BEFORE amended by BC Reg B.C. Reg. 181/2016, effective July 19, 2016.

For the purposes of section 8.1 of the Act

4   Sections 5 to 12 of this regulation are for the purposes of section 8.1 of the Act.

[am. B.C. Reg. 23/2013, Sch. 1, s. 1.]

 Section 5 (2) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(c) as a result of paragraph (b), the timber harvesting land base of the timber supply area from which the land is removed is reduced by at least 2% and equals at least 200 hectares,

 Section 5 (2) (part) BEFORE amended by BC Reg 101/2018, effective May 25, 2018.

the allowable annual cut of the timber supply area is, after the boundary of the timber supply is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary of the timber supply area minus the amount obtained by applying the following formula:

 Section 7 (2) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(c) as a result of paragraph (b) the timber harvesting land base of the timber supply area from which that land was removed decreases by 2% and equals at least 200 hectares,

 Section 7.1 was enacted by BC Reg 23/2013, effective January 30, 2013.

 Section 8 (1) and (3) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(1)  If the minister changes the boundary or area of a tree farm licence under section 39.1 of the Act by adding land to the area of the licence and the minister specifies in the instrument making the change the allowable annual cut of the area of land that is added, the allowable annual cut of

(a) the tree farm licence area is, after the boundary or area of the licence is changed, the allowable annual cut of the tree farm licence as it was immediately before the change to the boundary or area of the licence plus the allowable annual cut of the area of land added to the licence, and

(b) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence minus the allowable annual cut of the area of land added to the licence.

(3)  If

(a) subsection (1) does not apply,

(b) the minister changes the boundary or area of a tree farm licence under section 39.1 of the Act by adding land to the area of the licence, and

(c) the area of land that is added has an allowable annual cut attributed to it under section 8 (5) (a.1) of the Act,

the allowable annual cut of

(d) the tree farm licence area is, after the boundary or area of the licence is changed, the allowable annual cut of the tree farm licence area as it was immediately before the change to the boundary or area of the licence plus the allowable annual cut referred to in paragraph (c), and

(e) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence minus the allowable annual cut referred to in paragraph (c).

 Section 8 (2) (b) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(b) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence plus the allowable annual cut of the area of land removed from the licence.

 Section 8 (5) (b), (c) and (d) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(b) the minister changes the boundary or area of a tree farm licence under section 39.1 of the Act by adding land to the area of the licence, and

(c) as a result of paragraph (b), the timber harvesting land base of the licence to which the land is added increases by at least 2% and equals at least 200 hectares,

the allowable annual cut of

(d) the tree farm licence area is, after the boundary or area of the licence is changed, the allowable annual cut of the tree farm licence area as it was immediately before the change to the boundary or area of the licence plus the amount obtained by applying the following formula:

 Section 8 (6) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(c) as a result of paragraph (b), the timber harvesting land base of the licence from which the land is removed decreases by 2% and equals at least 200 hectares,

 Section 8 (6) (e) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(e) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence plus the amount obtained by applying the formula set out in paragraph (d).

 Section 8.1 was enacted by BC Reg 348/2010, effective December 6, 2010.

 Section 10 (3) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.

(c) as a result of paragraph (b), the timber harvesting land base of the tree farm licence from which that land is removed decreases by 2% and equals at least 200 hectares,

 Section 11 BEFORE re-enacted by BC Reg 104/2011, effective June 9, 2011.

 New community forest agreement

11  If the minister enters into a community forest agreement and the area of the agreement is comprised of land in a timber supply area, the allowable annual cut of the timber supply area covered by the agreement is the allowable annual cut of the timber supply area as it was immediately before the agreement is entered into minus the allowable annual cut of the community forest agreement area under section 8 (7) of the Act.

 Section 11 BEFORE re-enacted by BC Reg 23/2013, effective January 30, 2013.

 New community forest agreement

11  (1)  If the minister enters into a community forest agreement and the community forest agreement area is within a timber supply area, the allowable annual cut of the timber supply area is the allowable annual cut of the timber supply area as it was immediately before the community forest agreement is entered into minus the allowable annual cut determined for the community forest agreement area.

(2)  If the minister enters into a community forest agreement and the community forest agreement area is within more than one timber supply area, the allowable annual cut of each timber supply area is the allowable annual cut of the timber supply area as it was immediately before the community forest agreement is entered into minus the allowable annual cut attributed to that timber supply area in the allowable annual cut determined for the community forest agreement area.

[en. B.C. Reg. 104/2011, Sch. 1, s. 1.]

 Section 11.1 was enacted by BC Reg 101/2018, effective May 25, 2018.

 Section 12 was enacted by BC Reg 104/2011, effective June 9, 2011.

 Section 12 BEFORE re-enacted by BC Reg 23/2013, effective January 30, 2013.

 New first nations woodland licence

12  (1)  If the minister enters into a first nations woodland licence and the first nations woodland licence area is within a timber supply area, the allowable annual cut of the timber supply area is the allowable annual cut of the timber supply area as it was immediately before the first nations woodland licence is entered into minus the allowable annual cut determined for the first nations woodland licence area.

(2)  If the minister enters into a first nations woodland licence and the first nations woodland licence area is within more than one timber supply area, the allowable annual cut of each timber supply area is the allowable annual cut of the timber supply area as it was immediately before the first nations woodland licence is entered into minus the allowable annual cut attributed to that timber supply area in the allowable annual cut determined for the first nations woodland licence area.

[en. B.C. Reg. 104/2011, Sch. 1, s. 2.]

 Section 12.1 was enacted by BC Reg 101/2018, effective May 25, 2018.

 Section 13 was enacted by BC Reg B.C. Reg. 181/2016, effective July 19, 2016.