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Volume 45, No. 13

B.C. Reg. 201/2002

The British Columbia Gazette,

Part II

July 16, 2002

B.C. Reg. 201/2002, deposited July 12, 2002, pursuant to the FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT

[Sections 198, 208, 211 and 217.1]. Order in Council 599/2002, approved and ordered July 11, 2002.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) the Community Forest Agreement Regulation, B.C. Reg. 384/2000, is amended as set out in the attached

Schedule A,

(

b) the Operational Planning Regulation, B.C. Reg. 107/98, is amended as set out in the attached

Schedule B,

(

c) the Timber Harvesting Practices Regulation, B.C. Reg. 109/98, is amended as set out in the attached

Schedule C, and

(

d) the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98, is amended as set out in the attached

Schedule D. — M. de JONG,

Minister of Forests ; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule A

section 3 of the Community Forest Agreement Regulation, B.C. Reg. 384/2000, is amended

(

a) in subsection (2) by striking out "or, for an area referred to in

section 41 (6) of the Act, either the district manager or the designated environment official,", and

(

b) in subsection (4) (

b) by striking out ", or for an area referred to in

section 41 (6) of the Act the district manager and the designated environment official,".

section 4 is amended

(

a) in paragraph (

a) by striking out ", or for an area referred to in

section 41 (6) of the Act to both the district manager and the designated environment official,", and

(

b) in paragraph (

b) by striking out ", or for an area referred to in

section 41 (6) of the Act both the district manager and the designated environment official".

Schedule B

section 1 of the Operational Planning Regulation, B.C. Reg. 107/98, is amended in subsection (1) by repealing paragraph (

d) of the definition of

"person" .

section 2 is repealed.

section 3 (3) is amended by striking out " and for an area referred to in

section 41 (6) of the Act, the district manager and the designated environment official, if the district manager and the designated environment official, as the case May be, are" and substituting "if the district manager is".

section 11 is amended

(

a) in subsection (2) (

b) by striking out ", or for areas referred to in

section 41 (6) of the Act the district manager and the designated environment official, are" and substituting "is",

(

b) in subsection (3) by striking out ", or for areas referred to in

section 41 (6) of the Act the district manager and the designated environment official,",

(

c) in subsection (3) (

a) by striking out ", or the district manager and the designated environment official, as the case May be, are" and substituting "is", and

(

d) in subsection (3) (b) (ii) by striking out ", or the district manager and the designated environment official, as the case May be, are" and substituting "is".

section 14 is amended

(

a) in subsection(1) (

b) by striking out "the district manager and",

(

b) in subsection (2) (

b) by striking out ", or for an area referred to in

section 41 (6) of the Act the district manager and the designated environment official, are" and substituting "is",

(

c) by repealing subsection (3), and

(

d) in subsection (4) by striking out ", or for an area referred to in

section 41 (6) of the Act the district manager and the designated environment official,".

section 15 is amended

(

a) by repealing its headnote and substituting:

Riparian assessment required for community watersheds

(

b) in subsection (1) by striking out "an area referred to in

section 41 (6) of the Act" and substituting "a community watershed", and

(

c) by repealing subsection (2).

section 16 is amended

(

a) by repealing its headnote and substituting:

Terrain stability field assessment required for community watersheds

(

b) in subsection (1) by striking out "an area referred to in

section 41 (6) of the Act" and substituting "a community watershed",

(

c) in subsection (1) (

d) by striking out "or designated environment official", and

(

d) in subsection (3) (

b) by striking out "and the designated environment official agree" and substituting "is satisfied".

8 The headnote for

section 17 is repealed and the following substituted:

Terrain stability field assessment required for areas outside community watersheds

section 21 is amended

(

a) in subsection (1) by striking out "or, for an area referred to in

section 41 (6) of the Act, the district manager and the designated environment

official,",

(

b) in subsection (1) (c) (ii) by striking out ", or the district manager and the designated environment official, as the case May be, are" and substituting "is",

(

c) in subsection (4) by striking out "or, for an area referred to in

section 41 (6) of the Act, the district manager and the designated environment official,", and

(

d) in subsection (4) (

b) by striking out ", or the designated environment official, as the case May be,".

section 22 is amended

(

a) in subsection (1) by striking out "neither the district manager nor the designated environment official may" and substituting "the district manager May not ",

(

b) in subsection (2) by striking out "Neither the district manager nor the designated environment official may" and substituting "The district manager May not".

section 26 (2) is repealed and the following is substituted:

(2) On the request of the district manager, a person who is responsible for a forest development plan must submit to the district manager a copy of any assessment required under sections 13 to 17.

section 27 is amended

(

a) in subsection (5) by striking out ", or for an area referred to in

section 41 (6) of the Act the district manager or the designated environment official,",

(

b) in subsection (6) by striking out "or, for an area referred to in

section 41 (6) of the Act, the district manager or the designated environment official", and

(

c) in subsection (8) by striking out ", or in an area referred to in

section 41 (6) of the Act the district manager or the designated environment official,".

section 37 is amended

(

a) in subsection (1) (b) (

i) by striking out "an area referred to in

section 41 (6) of the Act" and substituting "a community watershed", and

(

b) in subsection (1) (b) (ii) by striking out "located in an area that is not referred to in

section 41 (6) of the Act" and substituting "not located in a community watershed".

Part 6 — Stand Management Prescriptions is repealed.

section 60 is amended

(

a) in subsection (3) by striking out ", with the agreement of a designated environment official,", and

(

b) in subsection (4) by striking out ", with the agreement of a designated environment official,".

section 62 is amended

(

a) in subsection (3) by striking out ", with the agreement of a designated environment official,", and

(

b) in subsection (4) by striking out ", with the agreement of a designated environment official,".

section 64 is amended

(

a) in subsection (4) by striking out ", with the agreement of a designated environment official,", and

(

b) in subsection (5) by striking out ", with the agreement of a designated environment official,".

section 68 is amended in subsection (8) (

a) by striking out "and designated environment official are" and substituting "is".

Schedule C

section 10 (3) (

b) of the Timber Harvesting Practices Regulation, B.C. Reg. 109/98, is repealed and the following substituted:

(

b) the harvesting or modification within a riparian reserve zone has been approved by the district manager

(

i) in an operational plan, or,

(ii) if there is no operational plan, with the agreement in writing of the designated environment official,

and the approval is for one or more of the following purposes:

(iii) recovery of trees that have been windthrown or that have been damaged by fire, insects, disease or other

causes;

(iv) sanitation treatments;

(

v) managing for fisheries and wildlife values;

(vi) any other similar activity, or .

Schedule D

section 8 of the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98, is repealed.

section 10 (4) is amended by striking out "and the designated environment official jointly agree" and substituting "is satisfied".

section 12 (1) (

c) is repealed.

section 13 (5) is amended by striking out ", or for areas that require joint approval under

section 41 (6) of the Act the district manager and designated environment official,".

section 14 (9) is repealed and the following substituted:

(9) Despite subsections (6) to (8), if the information required by those subsections is included in a forest development plan, for a cutblock, it need not be included in a site plan for the cutblock.

section 17 is amended by striking out "neither the district manager nor the designated environment official may" and substituting "the district manager May not".

Part 2, Division 4 — Stand Management Prescriptions is repealed.

section 25 (2) is amended by striking out "section 41 (6) of the Act and sections" and substituting "Sections".

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