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This Act is current to November 14, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Forest Act

[RSBC 1996] CHAPTER 157

Part 13 — Designated Areas

Definition

168   In this Part:

"agreement" means an agreement in the form of a licence, permit or agreement referred to in section 12;

"designated area" means an area of Crown land specified under section 169 (1).

Specifying Crown land as a designated area

169   (1) The Lieutenant Governor in Council, by regulation, may

(a) specify Crown land as a designated area, for a period set out in the regulation, if the Lieutenant Governor in Council believes it is in the public interest to specify the Crown land as a designated area, and

(b) repeal or amend a regulation under paragraph (a).

(2) The maximum period during which Crown land may continue as a designated area under regulations made under this section is 10 years, beginning on the day the Crown land first becomes a designated area.

What is the effect of specifying a designated area?

170   (1) In this section, "issue" means issue, grant, enter into or approve.

(2) If a permit, licence or plan referred to in subsection (3) relates to all or part of a designated area, the minister, by written order, may

(a) suspend in whole or in part or vary the permit, licence or plan, or

(b) direct a person who, under this Act, the Forest and Range Practices Act or the Forest Practices Code of British Columbia Act, has a discretion to issue the permit, licence or plan

(i) to not issue the permit, licence or plan, or

(ii) in whole or in part, to issue the permit, licence or plan with terms and conditions, if any, that the person considers appropriate to take into account the relationship of the permit, licence or plan to the designated area.

(3) The following are the permits, licences or plans to which subsection (2) applies:

(a) a cutting permit;

(b) a road permit or road use permit;

(c) a timber sale licence;

(d) a free use permit;

(e) a licence to cut;

(f) a special use permit;

(g) an operational plan;

(h) a management plan for a tree farm licence, pulpwood agreement, community forest agreement, first nations woodland licence or woodlot licence;

(i) a plan required under an agreement;

(j) a plan relating to an agreement for the management, development or use of Crown land.

(4) A suspension or variation under subsection (2) (a) expires, and the permit, licence or plan that was suspended or varied is restored to its original form, when the Crown land to which the suspension or variation relates ceases to be a designated area or on an earlier expiry date, if any, ordered in writing by the minister.

(5) If a person who, under this Act, the Forest and Range Practices Act or the Forest Practices Code of British Columbia Act, has a discretion to issue a permit, licence or plan, in this subsection called the "issuing authority",

(a) receives an application for the permit or licence or receives a plan submitted for approval, whether before, on or after the date of an order of the minister making a direction referred to in subsection (2) (b), and

(b) by reason only of the direction,

(i) does not issue the permit, licence or plan, or

(ii) in whole or in part, issues the permit, licence or plan as permitted under subsection (2) (b) (ii),

then, subject to subsection (6), after the Crown land to which the direction pertains ceases to be a designated area, or after an earlier date, if any, ordered in writing by the minister, the issuing authority must issue the permit, licence or plan, or, in the case of one previously issued as authorized under subsection (2) (b) (ii), must amend the permit, licence or plan to give effect as nearly as practicable to the original application or submission.

(6) The requirement in subsection (5) that a permit, licence or plan be issued, or amended to give effect as nearly as practicable to the original application or submission, is subject to the issuing authority

(a) continuing to have the discretion to carry out that requirement, and

(b) receiving confirmation from the applicant or from the person that submitted the plan that the applicant or person wishes to proceed.

(7) In issuing or amending a permit, licence or plan under subsection (5) the person who has the discretion may include terms and conditions that the person with the discretion considers necessary or desirable in the circumstances.

(8) The minister, by written order, may vary a variance, suspension or direction made under subsection (2).

(9) The minister must serve a copy of an order made under subsection (2), (4), (5) or (8) on the holder of

(a) an agreement, and

(b) a special use permit

to which the order relates, but the order is not invalid only because it is not served.

(10) A suspension referred to in this section is not a suspension for the purposes of section 76 or 77.

Conditions

171   (1) The minister, by written order, may attach conditions to an agreement or to a special use permit if the agreement or special use permit relates to all or part of a designated area.

(2) A condition under subsection (1) expires when the Crown land it relates to ceases to be a designated area or on an earlier expiry date, if any, ordered in writing by the minister.

(3) The minister, by written order, may vary a condition made under this section.

(4) The minister must serve a copy of an order made under this section on the holder of the agreement or special use permit affected by the order, but the order is not invalid only because it is not served.

Suspension and cancellation

172   (1) If a permit, licence or plan is varied under section 170, the failure of the holder of, or party to, the permit, licence or plan to comply with the variance is grounds for a suspension under section 76, in whole or in part, of the agreement to which the permit, licence or plan relates.

(2) If under section 171 a condition is attached to an agreement, the failure of the holder of the agreement to comply with the condition is grounds for a suspension under section 76, in whole or in part, of the agreement.

(3) If a special use permit is varied under section 170 or has a condition attached to it under section 171, the failure of the holder of the permit to comply with the variance or condition is grounds for the suspension or cancellation of the permit and sections 76 to 77, other than section 77 (5), apply to the suspension or cancellation.

Allowable annual cut and allowable harvest in a designated area

173   (1) In subsections (3) to (5):

"base level allowable annual cut" means the allowable annual cut that is prescribed for the purposes of this section;

"exempt licence" means a licence described in subsection (4);

"licence" means a forest licence.

(2) The chief forester, by written order, may reduce the allowable annual cut of

(a) a timber supply area, or

(b) a tree farm licence area,

if all or part of the area is a designated area.

(2.1) An allowable annual cut reduction under subsection (2)

(a) for the designated area to which it relates, may be made effective on or after the date the designated area is specified under section 169 (1), and

(b) may specify that portions of the reduction are attributable to different types of timber and terrain in different parts of Crown land within the designated area.

(3) If the chief forester reduces the allowable annual cut of a timber supply area under subsection (2), the minister, by written order, may do either or both of the following:

(a) proportionately reduce, by the method set out in subsection (5), the allowable annual cut authorized in all of the licences that are not exempt licences in the timber supply area;

(b) reduce the allowable annual cut authorized in a licence if all or part of the area from which timber may be harvested under the licence is a designated area.

(3.1) An allowable annual cut reduction under subsection (3) may be made effective on or after the date on which the chief forester's order to which it relates is made or is made effective.

(4) An exempt licence is a licence that

(a) specifies an allowable annual cut that is less than the base level allowable annual cut, or

(b) is for a term that is less than the prescribed term.

(5) A reduction in allowable annual cut imposed under subsection (3) (a) in a timber supply area must be apportioned among all the licences in that area, except exempt licences, in accordance with the following method:

(a) first, calculate a reduction in allowable annual cut for each licence by distributing the part of the reduction under subsection (2) that the minister may assign to the licences proportionately among them according to the relative sizes of the allowable annual cut specified in each licence;

(b) second, calculate for each licence the annual volume of timber, if any, by which the calculations under this subsection reduce the allowable annual cut for that licence to less than the base level allowable annual cut;

(c) third, calculate the aggregate of the annual volumes of timber calculated under paragraph (b);

(d) fourth, for each licence for which the calculation under paragraph (b) does not reduce the allowable annual cut to less than the base level allowable annual cut, calculate a further reduction in allowable annual cut by distributing the amount determined under paragraph (c) proportionately among those licences according to the relative sizes of the allowable annual cut specified in each of them;

(e) fifth, repeat the calculations under paragraphs (b) to (d) until the end result of all the calculations is that the allowable annual cut for any of the licences is not reduced to a level that is less than the base level allowable annual cut.

(6) The minister, by written order, may reduce the allowable annual cut authorized for a community forest agreement area, first nations woodland licence area or woodlot licence area if all or part of the area is a designated area.

(6.1) An allowable annual cut reduction under subsection (6), for the designated area to which it relates, may be made effective on or after the date the designated area is specified under section 169 (1).

(7) If the chief forester or minister makes an order under subsection (2), (3) or (6) that affects a timber supply area, tree farm licence area, forest licence, community forest agreement area, first nations woodland licence area or woodlot licence area and, after the order is made, a determination or reduction is made under section 8 or 63 that establishes a new allowable annual cut for the timber supply area, tree farm licence area, forest licence, community forest agreement area, first nations woodland licence area or woodlot licence area, the chief forester or minister, as the case may be, may issue a new order under subsection (2), (3) or (6) that affects the area or licence.

(8) The chief forester or minister, as the case may be, must serve a copy of an order made under this section on the holder of an agreement to which the order relates, but the order is not invalid only because it is not served.

(9) An order under subsection (2), (3), (6) or (7) expires when the Crown land it relates to ceases to be a designated area.

(10) After an order expires under subsection (9), the allowable annual cut for the timber supply area, tree farm licence area, community forest agreement area, first nations woodland licence area, woodlot licence area, or forest licence that was affected by the order is the allowable annual cut that was in effect immediately before the last order made under this section less any reductions made under this Act or the licence, other than reductions made under this section, during the period that the order was in effect.

(11) [Repealed 2000-6-19.]

Effect of reduction on annual allowable cut determination

173.1   (1) Neither a reduction in allowable annual cut under section 173 (2), nor a restoration of an allowable annual cut under section 173 (10), constitutes a determination of an allowable annual cut for the purposes of the time limits set out in section 8 (1) and (2).

(2) Section 8 does not apply to a reduction of an allowable annual cut under section 173.

(3) If an allowable annual cut of a timber supply area or tree farm licence area is reduced under section 173, the chief forester is not required to make an allowable annual cut determination under section 8 (1) in respect of those areas at the times set out in section 8 (1) or (2) (c) or (d), but must make that determination within 2 years after the designated area to which the reduction applies ceases to be a designated area.

Order prevails

174   If an order made in accordance with this Part conflicts or is inconsistent with

(a) this Act, the Forest and Range Practices Act, the Forest Practices Code of British Columbia Act, the Wildfire Act or any regulations or standards made under those Acts,

(b) an agreement, or

(c) a permit, licence or plan listed in section 170 (3),

the order prevails.

Hearing not required

175   An order may be made under this Part without a hearing.

No compensation during first 4 years of designation

175.1   During and in respect of the first 4 year period in which Crown land continues as a designated area, no compensation or damages is payable by the government to the holder of any agreement because of or arising out of the designated land status of all or any part of the Crown land to which the agreement relates.

Compensation for 5th and subsequent years of designation

175.2   (1) If Crown land specified under section 169 as a designated area continues as a designated area for more than 4 years, each holder of an agreement on whom the designated land status, of all or any part of the Crown land to which the agreement relates, has an adverse economic effect is entitled to compensation from the government in an amount determined in accordance with subsection (2).

(2) The compensation to which the holder of an agreement is entitled under subsection (1) is an amount equal to the value of the harvesting rights under the agreement that

(a) pertain to that part of the period, during which the Crown land specified under section 169 continues as a designated area, that exceeds 4 years, and

(b) are not exercisable because of the effect on the agreement of

(i) the designated land status, of all or any part of the Crown land to which the agreement relates, and

(ii) this Part or actions that, in accordance with this Part, are taken or not taken.

Set-off for benefits previously received

175.3   The amount of compensation payable under section 175.2 to the holder of an agreement affected by the specification of a designated area must be reduced by any financial benefit or other benefit received by that holder from the government arising out of the specification.

Limit on compensation

175.4   (1) In this section, "compensation" includes damages.

(2) The compensation payable to the holder of an agreement because of or arising out of

(a) the specification of a designated area,

(b) an order made under this Part, or

(c) either of the things specified in paragraphs (a) or (b) in combination with the other

is limited to the amount of compensation determined in relation to that agreement under sections 175.2 and 175.3.

(3) No action lies and an action or other proceeding must not be brought or continued against the government for compensation in an amount that exceeds the amount limited under this section.

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