British Columbia Order in Council — Order under Forest Practices Code of British Columbia (O.C. 1660/2000)

O.C. 1660/2000

British Columbia — Orders in Council

beatensetharefier PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. -- 16 60 , Approved and Ordered — 1 2000 Ad Mill IS I rot,' Executive Council Chambers, Victoria AdministrA On the recommendation of the undersigned, the fitutontuiwof"vemik)r, by and with the advice and consent of the Executive Council, orders that the Community Forest Agreement Regulation as set out in the attached

Schedule is made. Minister of Forests PreOiyling Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Forest Act, s. 43 (3) (c) (i) ; Forest Practices Code of British Columbia Act, s. 217.1 Other (specify):- oic 1934/87, 706/98 November 9, 2000 Resub 1441/2000/13/

SCHEDULE COMMUNITY FOREST AGREEMENT REGULATION Definition 1 In this regulation: "Act" means the Forest Practices Code of British Columbia Act; "Woodlot Regulation" means the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98. Woodlot Regulation applies 2

(1) The Woodlot Regulation applies to a community forest agreement, except as provided in this regulation.

(2) In applying the Woodlot Regulation to this regulation, "woodlot licence" includes a community forest agreement, and the term "woodlot" includes a community forest agreement area. Watershed assessments 3

(1) If requested by the district manager, a holder of a community forest agreement must provide to the district manager information respecting the community forest agreement area that the district manager requires for a watershed assessment.

(2) The district manager or, for an area referred to in

section 41 (6) of the Act, either the district manager or the designated environment official, may require the holder of a community forest agreement to carry out a watershed assessment in all or part of the community forest agreement area if (

a) the assessment is for an area referred to in subsection (3), and (

b) the district manager or designated environment official is of the opinion that (

i) the assessment is needed to assist the district manager or designated environment official to carry out their obligations under

section 41 (1) (

b) of the Act, and (ii) it is reasonable, considering all the circumstances, that the holder carry out the assessment.

(3) A watershed assessment under subsection (2) raay be required only for the following watersheds: (

a) a community watenhed, (

b) a watershed that has significant downstream fisheries values or licensed domestic water users and significant watershed sensitivity as determined by the district manager and a designated environment official, or 1 of 3

(

c) a watershed for which the district manager determines an assessment is necessary.

(4) A watershed assessment under subsection (2) must be carried out in accordance with (

a) the Ministry of Forests' publication titled "Coastal Watershed Assessment Procedure Guidebook", as amended from time to time, for areas on the Coast, and in accordance with the Ministry of Forests' publication titled "Interior Watershed Assessment Procedure Guidebook", as amended from time to time, for areas in the Interior, or (

b) any other procedure approved by the district manager, if the district manager, or for an area referred to in

section 41 (6) of the Act the district manager and the designated environment official, are satisfied that this procedure will produce similar results to those intended by the guidebook.

(5) Information required by this

section is not part of a forest development plan.

(6) Sections 6,10 (4) and 30 (

b) of the Woodlot Regulation do not apply to the holder of a community forest agreement with respect to a watershed assessment. Additional forest development plan content related to watershed assessments 4 If a watershed assessment for an area of land under a proposed forest development plan has been carried out by the holder of a community forest agreement or is made known to the holder, the holder must ensure that forest practices and requirements of this regulation are carried out in a manner consistent with the results and measures specified in the watershed assessment, or the holder must (

a) submit to the district manager, or for an area referred to in

section 41 (6) of the Act to both the district manager and the designated environment official, the reason for any inconsistency with the results and measures, and (

b) obtain written approval of the inconsistency from the district manager, or for an area referred to in

section 41 (6) of the Act both the district manager and the designated environment official. Terrain and soil mapping in community watersheds 5

(1) The holder of a community forest agreement must not submit for approval a forest development plan that proposes timber harvesting or road construction or modification operations, on an area within a community watershed, unless a terrain stability hazard map and soil erosion potential map for that part of the forests development plan that is within the community watershed has been completed.

(2) If the area is designated as a community watershed under

section 41 (10) of the Act, subsection (1) applies on or after (

a) the date specified in the designation which must be less than 5 years from the date of the designation, or (b) 5 years from the date of the designation, if no date is specified.

(3) The mapping referred to in subsection (1) must have been carried out by a qualified registered professional. page 2 of 3

Reporting requirement 6

Section 89 of the Woodlot Regulation does not apply to the holder of a community forest agreement. Content of community forest agreement 7 For the purposes of

section 43.3 (c) (ii) of the Forest Act, a community forest agreement may give to its holder the rights to harvest, manage and charge fees for any or all flora and fungi of the forest, other than timber. page 3 of 3

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1660/2000
Type	order_in_council
Volume / chapter	arc oic 1660 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	985bfbfa4f4dd4384f8d8d6068dbf5e582ead7e3

Source file is stored in the law ingest library (pdf).