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Volume 44, No. 25

B.C. Reg. 285/2001

The British Columbia Gazette,

Part II

December 31, 2001

B.C. Reg. 285/2001, deposited December 10, 2001, pursuant to the FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT [Sections 198 and 208]. Order in Council 1061/2001, approved and ordered December 7, 2001.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Operational Planning Regulation, B.C. Reg. 107/98, is amended as set out in the attached Schedule. — M. de JONG, Minister of

Forests; G. HOGG, Presiding Member of the Executive Council.

Schedule

Section 20 (2) and (3) of the Operational Planning Regulation, B.C. Reg. 107/98, is repealed and the following is substituted:

(2) A cutblock may be shown as an approved category A cutblock on a proposed forest development plan, if

(

a) the cutblock was included as a category A cutblock on the forest development plan most recently given effect under

section 40 of the Act, or approved under

section 41 of the Act, and

(

b) the information required under subsection (1) for the cutblock in that plan most recently given effect under

section 40 of the Act, or approved under

section 41 of the Act, is carried forward, without being updated, in the proposed plan.

(3) In addition to the requirements of

section 19 (1) of the Act, if a terrain stability field assessment is required for a cutblock under sections 16 or 17, the holder of an agreement is eligible to apply for a cutting permit only if the cutblock is included as a category A cutblock, in a forest development plan given effect or approved, that states

(

a) that the cutblock is consistent with the assessment's results and recommendations,

(

b) that the cutblock complies with sections 7 (2), 8 (3) and 8 (4) of the Timber Harvesting Practices Regulation, and

(

c) either

(

i) if the cutblock is

(

A) within a community watershed, that it complies with

section 7 (3) (

a) of the Timber Harvesting Practices Regulation, or

(

B) outside a community watershed, that it complies with

section 8 (2) (

a) of the Timber Harvesting Practices Regulation, or

(ii) if the requirements of subparagraph (

i) have not been met, the reason the requirements have not been met and the reason that the forest development plan should be given effect or approved in spite of the failure to meet those requirements.

2 Sections 21 and 22 are repealed and the following substituted:

Limited protection for cutblocks and roads

(1) After

(

a) a cutblock has been included as a category A cutblock as part of a forest development plan that has been given effect under

section 40 of the Act, or approved under

section 41 of the Act, or

(

b) a road has been included as part of a forest development plan that has been given effect under

section 40 of the Act or approved under

section 41 of the Act,

the district manager or, for an area referred to in

section 41 (6) of the Act, the district manager and the designated environment official, may refuse to give effect to or to approve a subsequently proposed forest development plan on the grounds that the part of the subsequently proposed forest development plan that is the cutblock or road fails to meet the requirements of sections 10 (1) (d), 40 or 41 of the Act, but only if any of the following occurs in the period referred to in subsection (3):

(

c) an enactment is made or amended or a higher level plan is established or varied, and

(

i) the enactment or higher level plan applies to the cutblock or road, and

(ii) the district manager, or the district manager and the designated environment official, as the case may be, are satisfied that the proposed cutblock or road makes the forest development plan inconsistent with that enactment or higher level plan;

(

d) a wildlife habitat area is established over any area of the proposed forest development plan, and the chief forester and the deputy minister of the Ministry of Water, Land and Air Protection have specified that the cutblock cannot be harvested as planned or the road cannot be located, constructed, modified or deactivated as planned;

(

e) a community watershed that includes the area under the proposed forest development plan is designated, and the designation specifies that the cutblock cannot be harvested as planned or the road cannot be located, constructed, modified or deactivated as planned;

(

f) catastrophic damage or destruction of timber occurs in the vicinity of the cutblock, as a result of which, harvesting the cutblock as planned no longer adequately manages and conserves the forest resources;

(

g) a watershed assessment is completed for an area under the forest development plan, and

(

i) the assessment reveals a condition that negatively affects the watershed,

(ii) either there was no previous watershed assessment, or there was a previous watershed assessment but it did not reveal the condition, and

(iii) the recommendations in the current assessment specify that the cutblock should not be harvested as planned or the road should not be located, constructed, modified or deactivated as planned;

(

h) the timber harvesting or other operation for which the road was to provide access will not be proceeding.

(2) Subsection (1) applies despite sections 10 (1) (d), 40 and 41 of the Act.

(3) The period referred to in subsection (1) in respect of a subsequently proposed forest development plan is the period from 4 months before the existing forest development plan was

(

a) given effect under

section 40 of the Act until 4 months before the proposed forest development plan is given effect, or

(

b) submitted for approval under

section 41 of the Act until 4 months before the proposed forest development plan is submitted for approval.

(4) Despite subsection (1), even if a cutblock has been included as a category A cutblock in a forest development plan that has been given effect or approved, the district manager, or for an area referred to in

section 41 (6) of the Act, the district manager or the designated environment official, may refuse to give effect to or to approve a subsequently proposed forest development plan on the grounds that the part of the subsequently proposed forest development plan that is the cutblock fails to meet the requirements of sections 40 or 41 of the Act, if

(

a) a terrain stability field assessment is completed and the statement referred to in

section 20 (3) has been submitted with the proposed forest development plan, and

(

b) the district manager, or the designated environment official, as the case may be, is satisfied, on the basis of the assessment's results or recommendations, or on the basis of the statement, that the cutblock cannot be harvested as planned.

Protection for cutblocks and roads

(1) Despite sections 10 (1) (d), 40 and 41 of the Act, neither the district manager nor the designated environment official may refuse to give effect to or approve a forest development plan on the grounds that the part of the forest development plan that is a cutblock fails to meet the requirements of sections 10 (1) (d), 40 or 41 of the Act if

(

a) a cutting permit has been issued, or a timber sale licence has been entered into, for the cutblock, or

(

b) the cutblock has been included as part of a forest development plan given effect or approved with the assessments required by sections 16, 17 and 37 shown as completed.

(2) Neither the district manager nor the designated environment official may refuse to give effect to or approve a forest development plan on the grounds that the part of the forest development plan that is a road fails to meet the requirements of sections 10 (1) (d), 40 or 41 of the Act if

(

a) a road permit has been issued for the road, or

(

b) the road has been included as part of a forest development plan given effect or approved with the assessments required by sections 4 and 5 of the Forest Road Regulation shown as completed.

Section 23 (2) (

b) is amended by striking out "approved under

section 41 of the Act," and substituting "given effect under

section 40 of the Act or approved under

section 41 of the Act,".

Section 29 (2) is repealed and the following is substituted:

(2) Despite subsection (1), the person who publishes a notice under

section 25 in respect of a proposed forest development plan is not required to consider or address a comment with respect to

(

a) a cutblock included as part of the proposed plan, if that cutblock has been included as a category A cutblock as part of a forest development plan that has been given effect or approved, unless the comment is related to an assessment required under sections 16 or 17 that was not completed for the cutblock before the plan was given effect or approved, or

(

b) a road, if that road has been included as part of a forest development plan that has been given effect or approved.

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