Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Forest Act

[RSBC 1996] CHAPTER 157

Part 8 — Roads and Rights of Way

Definition

114  In this Part:

"forest development plan" has the same meaning as it has in the Forest and Range Practices Act;

"forest stewardship plan" has the same meaning as it has in the Forest and Range Practices Act.

Road permits and road use permits for timber harvesting

115  (1) A person who has the right to harvest timber under a forest licence, timber sale licence, timber licence, tree farm licence, community salvage licence, community forest agreement, first nations woodland licence, woodlot licence, Christmas tree permit or forestry licence to cut may apply under this section to

(a) a person designated by the minister or timber sales manager for a road permit to

(i)   construct a road on Crown land, or

(ii)   maintain an existing road on Crown land, other than a forest service road, or

(b) a person designated by the minister for a road use permit to use a forest service road.

(2) Subject to section 81, the minister or timber sales manager must grant to an applicant under subsection (1) a road permit to construct a road on Crown land, if satisfied that the location of the proposed road is identified in a prescribed manner.

(3) Subject to section 81, the minister or timber sales manager must grant to an applicant under subsection (1) a road permit to maintain an existing road on Crown land, other than a forest service road, if

(a) at the time of the application there is no active road permit for the road, and

(b) the minister or timber sales manager is satisfied that use and maintenance of the road by that person will not compromise a forest stewardship plan or forest development plan.

(4) Subject to section 81, the minister must grant to an applicant under subsection (1) a road use permit to use a forest service road if the minister is satisfied that use of the road by that person will not adversely affect authorized users of the road, or compromise a forest stewardship plan or forest development plan.

(5) The minister may declare a road constructed under a road permit to be a forest service road.

(6) If the road is subject to an active road permit at the time of the declaration, the minister must grant a road use permit to the holder of the road permit.

Right to harvest Crown timber

116  Subject to section 81, the minister or timber sales manager, in a road permit granted to an applicant under section 115 (1) (a) to construct a road on Crown land, must grant the applicant the right to harvest Crown timber under the road permit if the minister or timber sales manager is satisfied the Crown timber must be harvested to construct the road.

Road use permits for industrial use

117  (1) A person, other than a person referred to in section 115 (1), who wishes to use a forest service road for an industrial purpose, may apply under this section to a person designated by the minister for a road use permit.

(2) The minister may grant to an applicant under subsection (1) a road use permit to use a forest service road if the minister is satisfied that use of the road by that person for that industrial purpose will not

(a) cause inordinate disturbance to the natural environment,

(b) adversely affect authorized users of the road, or

(c) compromise a forest stewardship plan or forest development plan.

Road permit content

118  A road permit must

(a) describe the location of the road to be constructed or maintained under the road permit,

(b) authorize its holder to

(i)   use the road, and

(ii)   if applicable,

(A)  construct the road, or

(B)  on Crown land that is in a Provincial forest and is in the area covered by the road permit, manage and use that land for sand pits, gravel pits, rock quarries or other quarries that are adjacent to the road covered by the road permit and provide materials for the construction or maintenance of the road,

in accordance with the road permit, this Act and the regulations and the Forest and Range Practices Act and the regulations and the standards made under that Act,

(c) if the road permit grants the right to harvest Crown timber, require its holder to pay to the government, in addition to other amounts payable under this Act,

(i)   stumpage under Part 7, and

(ii)   waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the road permit, but, at its holder's discretion, is not cut and removed, and

(d) include other terms and conditions determined by the minister or timber sales manager that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

Road use permit content

119  A road use permit must

(a) describe the forest service road that its holder may use,

(b) include other terms and conditions determined by the minister that are consistent with this Act, the Forest and Range Practices Act, the Wildfire Act and any regulations or standards made under those Acts.

Repealed

120  [Repealed 2003-32-23.]

Road and trail construction

121  (1) The minister, for the purpose of providing access to timber or for any other purpose consistent with this Act, the Forest and Range Practices Act or the Wildfire Act may

(a) construct and maintain roads and trails,

(b) enter on and take possession of private land, and of roads and trails on private land,

(c) enter on private land and take from it timber, stones, gravel, sand, clay or other materials for the purpose of constructing roads and trails,

(d) construct, take possession of and use temporarily roads for the purposes of paragraph (c), and

(e) enter on private land and construct and maintain on it drains to carry water from a road.

(2) If private land is taken under subsection (1) (b) and, as a result of the taking, the total area in the original grant of the private land from the government or Her Majesty in right of Canada, that is taken by the government

(a) [Repealed 2004-44-105.]

(b) under this Act

since the date of the original grant from the government or Her Majesty in right of Canada, exceeds 5% of the total area in the original grant, the government must pay compensation in respect of the area exceeding 5%.

(3) If, since the date of the government grant, private land taken under subsection (1) has been subdivided into 2 or more parcels by a registered conveyance or subdivision plan,

(a) the area of a parcel that may be taken without compensation must not exceed 5% of the area of the parcel, and

(b) the total area to be taken without compensation must be apportioned among all parcels, portions of which are taken at the same time, in proportion to the area taken from each.

(4) The government must pay compensation in respect of improvements on all private land taken under subsection (1).

(5) If land is expropriated under subsection (1), the Expropriation Act applies.

(6) [Repealed 2004-44-105.]

(7) The minister may designate employees of the ministry of the minister responsible for the administration of this Act who may prepare explanatory plans for the purposes of

(a) permitting persons to dedicate a forest service road to the government if

(i)   consideration for the dedication has been agreed on, or

(ii)   an agreement under section 3 (1) of the Expropriation Act has been made, or

(b) sections 5 (5) and 6 (4) (b) of the Expropriation Act.

(8) If a person agrees to dedicate a forest service road to the government and has

(a) agreed to the consideration for the dedication, or

(b) entered into an agreement under section 3 (1) of the Expropriation Act,

an explanatory plan prepared by a person designated under subsection (7) may be filed in the land title office, and section 107 (1) (c) and (d) and (3) of the Land Title Act applies.

(9) The minister

(a) may, by notice in the form established under paragraph (a.1) and published or broadcast, or both, in the manner the minister considers appropriate, discontinue and close a right of way or forest service road or a part of either, in which event the right of way or forest service road or the part is discontinued and closed,

(i)   if the notice specifies the date on which and the time at which the discontinuance and closure become effective, on that specified date and at that specified time,

(ii)   if the notice specifies the date on which but not the time at which the discontinuance and closure become effective, at the beginning of that specified date, or

(iii)   if the notice specifies neither the date on which nor the time at which the discontinuance and closure become effective, at the beginning of the day following the day on which the first of such publications or broadcasts occurred,

(a.1) may establish a form of notice for the purposes of paragraph (a),

(b) may limit a discontinuance and closure under paragraph (a) to a specified period,

(c) may assign a right of way or forest service road or a part of either to the minister responsible for the administration of the Transportation Act, and

(d) in the case of a discontinuance or closure not limited to a specified period, may dispose of any land that was comprised in the right of way or forest service road to

(i)   an owner of the land of which the right of way or forest service road originally formed part, or

(ii)   an owner of land adjoining that land.

Contents  |  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8  |  9  |  10  |  11  |  11.1  |  12  |  13  |  14