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Volume 56, No. 2

23/2013

The British Columbia Gazette,

Part II

February 12, 2013

B.C. Reg. 23/2013 , deposited January 30, 2013, pursuant to the FOREST ACT [sections 8.1, 35.2 and 151]. Order in Council 25/2013, approved and ordered January 30, 2013.

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

(

a) the Allowable Annual Cut Administration Regulation, B.C. Reg. 69/2009, is amended as set out in the attached

Schedule 1, and

(

b) the Tree Farm Licence Management Plan Regulation, B.C. Reg. 280/2009, is amended as set out in the attached

Schedule 2.

— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; S. CADIEUX, Presiding Member of the Executive Council .

Schedule 1

Section 4 of the Allowable Annual Cut Administration Regulation, B.C. Reg. 69/2009, is amended by striking out “ Sections 5 to 11 ” and substituting “ Sections 5 to 12 ”.

Section 5 (2) (

c) is amended by striking out “ is reduced by at least 2% and equals ” and substituting “ decreases by ”.

3 Sections 7 (2) (c), 8 (6) (

c) and 10 (3) (

c) are amended by striking out “ 2% and equals ”.

4 The following

section is added:

Surrender of tree farm licence for forest licence

7.1 If a tree farm licence is surrendered under

section 16 of the Act for replacement by a forest licence, the allowable annual cut of the timber supply area in which the tree farm licence area is located is, after the forest licence is entered into, the allowable annual cut of the timber supply area as it was immediately before the forest licence is entered into plus the allowable annual cut of the Crown land portion of the tree farm licence area as it was immediately before the tree farm licence was surrendered.

Section 8 (1) and (3) is amended by striking out “ land ” wherever it appears and substituting “ Crown land ”.

Section 8 (2) (

b) is amended by striking out “ plus the allowable annual cut of the area of land removed from the licence ” and substituting “ plus the allowable annual cut of the Crown land portion of the area of land removed from the licence ”.

Section 8 (5) is amended

(

a) in paragraph (

b) by striking out “ land ” and substituting “ Crown land ”,

(

b) by repealing paragraph (

c) and substituting the following:

(

c) as a result of paragraph (b), the timber harvesting land base of the licence to which the Crown land is added increases by at least 200 hectares, , and

(

c) in the formula in paragraph (

d) by striking out “ number of hectares added ” and substituting “ number of hectares of Crown land added ”.

Section 8 (6) (

e) is amended by striking out “ plus the amount obtained by applying the formula set out in paragraph (d). ” and substituting “ plus the amount obtained by applying the following formula:

allowable annual cut of the tree farm licence area as it was immediately before the change to the boundary or area of the tree farm licence

number of hectares of Crown land removed from the timber harvesting land base of the tree farm licence area

timber harvesting land base of the tree farm licence area as it was immediately before the change to the boundary or area of the tree farm licence

Section 11 is repealed and the following substituted:

New community forest agreement

11 If the minister enters into a community forest agreement, the allowable annual cut of a timber supply area in which the community forest agreement is located is the allowable annual cut of the timber supply area as it was immediately before the community forest agreement is entered into minus the amount obtained by applying the following formula:

allowable annual cut of the timber supply area as it was immediately before the community forest agreement is entered into

number of hectares removed from the timber harvesting land base of the timber supply area as a result of entering into the community forest agreement

timber harvesting land base of the timber supply area as it was immediately before the community forest agreement is entered into

Section 12 is repealed and the following substituted:

New first nations woodland licence

12 If the minister enters into a first nations woodland licence, the allowable annual cut of a timber supply area in which the first nations woodland licence is located is the allowable annual cut of the timber supply area as it was immediately before the first nations woodland licence is entered into minus the amount obtained by applying the following formula:

allowable annual cut of the timber supply area as it was immediately before the first nations woodland licence is entered into

number of hectares removed from the timber harvesting land base of the timber supply area as a result of entering into the first nations woodland licence

timber harvesting land base of the timber supply area as it was immediately before the first nations woodland licence is entered into

Schedule 2

Section 4 (1) of the Tree Farm Licence Management Plan Regulation, B.C. Reg. 280/2009, is amended by striking out “ A tree farm licence holder must ” and substituting “ Subject to subsection (2) or an agreement under

section 7, a tree farm licence holder must ”.

Section 4 (2) is amended

(

a) by striking out “ Despite subsection (1), if ” and substituting “ If ”, and

(

b) by striking out “ the tree farm licence holder must submit a management plan ” and substituting “ the tree farm licence holder, subject to an agreement under

section 7, must submit a management plan ”.

Section 6 (2) is amended

(

a) by striking out “ No later than one year before ” and substituting “ Subject to an agreement under

section 7, no later than one year before ” , and

(

b) by striking out “ of this regulation ”.

Section 6 (3) is amended

(

a) by striking out “ of this regulation ”, and

(

b) by striking out “ the tree farm licence holder must obtain approval ” and substituting “ the tree farm licence holder, subject to an agreement under

section 7, must obtain approval ”.

5 The following

section is added:

Agreement on alternative dates

(1) At any time before the date described in subsection (2), a tree farm licence holder and the chief forester may agree to

(

a) a specific date by which the tree farm licence holder must submit a management plan to the chief forester, which date may be earlier or later than the date that would otherwise apply under

section 4, and

(

b) a specific date by which the tree farm licence holder must obtain approval from the minister of a strategy for public review of the management plan, which date may be earlier or later than the date that would otherwise apply under

section 6.

(2) An agreement may be made under subsection (1) at any time before the date by which the tree farm licence holder, in the absence of an agreement under this section, would be required under

section 6 (2) or (3), as applicable, to obtain approval from the minister of a strategy for public review of the management plan.

(3) If a tree farm licence holder and the chief forester make an agreement under subsection (1), the tree farm licence holder must comply with the agreement.

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