Section 2 (1) (a) and (c) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(a) be in the form specified by the regional manager or district manager, depending on which of them invites the applications, that he or she considers appropriate for the invitation,
(c) contain or be accompanied by information specified by the regional manager or district manager that he or she considers necessary for
(i) ascertaining the applicant's eligibility by reference to section 44 (2) of the Act, and
(ii) evaluating the application, in comparison to the other competing applications, by reference to sections 3 to 5 of this regulation.
Section 3 (1) definition of "principal residence", paragraphs (a), (b) and (c) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
"principal residence", in relation to a woodlot licence application made in response to an invitation under section 44 (2) of the Act, means
(a) if the applicant is an individual, the usual place in which the individual makes his or her home, having done so for at least 6 months immediately preceding the closing date,
(b) if the applicant is a corporation, the usual place in which an individual, if any, with voting shares in the corporation makes his or her home, having done so for at least 6 months immediately preceding the closing date,
(c) if the applicant is a partnership, the usual place in which an individual partner, if any, makes his or her home, having done so for at least 6 months immediately preceding the closing date, or
Section 4 (3) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(3) In evaluating each of the competing woodlot licence applications, the regional manager or district manager, depending on which of them is conducting the evaluation, must assign to the application
(a) either
(i) 50 points if the bonus tendered under the application is the highest of the bonuses tendered under all of the competing applications, or
(ii) a lower number of points if the bonus tendered under the application was lower than the highest bonus, determined by
(A) dividing the amount of that lower bonus for the application by the amount of the highest bonus, and
(B) multiplying the result by 50,
(b) for the proximity of the applicant's principal residence to the Crown land to be described in the woodlot licence applied for,
(i) 25 points if that principal residence is 50 km or less from the Crown land,
(ii) 20 points if that principal residence is more than 50 km but no more than 100 km from the Crown land,
(iii) 15 points if that principal residence is more than 100 km but no more than 150 km from the Crown land,
(iv) 10 points if that principal residence is more than 150 km but no more than 200 km from the Crown land, or
(v) 5 points if that principal residence is more than 200 km from the Crown land, and
measured by the means stipulated in the invitation for the woodlot licence under section 44 (2) of the Act, and
(c) for each area included in the proposed private land of the applicant, the number of points calculated under subsection (4).
Section 6 (1) BEFORE amended by BC Reg 133/2011, effective July 21, 2011.
(1) Under section 47.1 of the Act, a district manager or regional manager may change the boundary or the area of the Crown land portion of a woodlot licence area, if the change does not increase the area of that Crown land portion by more than 10% and the district manager or regional manager, depending on which of them is the decision maker, is satisfied that
(a) any area to be added is close to the woodlot licence area,
(b) the woodlot licence holder's financial accounts with the government are up to date at the time of the change or arrangements satisfactory to the minister responsible for Provincial revenue have been made to bring those financial accounts up to date, and
(c) the change is appropriate, given the circumstances or conditions applicable to the Crown land.
Section 7 BEFORE self-repealed by BC Reg 68/2006.
Major increase in woodlot licence area
7 (1) This section does not apply to a woodlot licence
(a) entered into after January 1, 2005 unless the application for the licence was approved before that date.
(b) amended under section 24.5 of the Act, or
(c) entered into under section 24.7 of the Act.
(2) Under section 47.1 of the Act, a district manager or regional manager may change the boundary or the area of the Crown land portion of a woodlot licence area by an increase of more than 10% if the district manager or regional manager, depending on which of them is the decision maker, is satisfied that
(a) after the increase the Crown land portion of the woodlot licence area will not exceed
(i) 400 ha if it is in the Coast forest region, or
(ii) 600 ha if it is in the Northern Interior forest region or in the Southern Interior forest region,
(b) the area to be added is close to the woodlot licence area,
(c) the woodlot licence holder's financial accounts with the government are up to date at the time of the change or arrangements satisfactory to the minister responsible for Provincial revenue have been made to bring those financial accounts up to date,
(d) the change is appropriate, given the circumstances or conditions applicable to the Crown land, and
(e) the holder of the licence has managed the woodlot licence area in substantial compliance with the licence for a sufficient period, in the opinion of the district manager or regional manager, given the applicable circumstances and conditions.
(3) This section is repealed on January 1, 2010.
Section 7.1 BEFORE re-enacted by BC Reg 133/2011, effective July 21, 2011.
Increase in competitively awarded woodlot licence area for first nation
7.1 Under section 47.1 of the Act, a district manager or regional manager may change the boundary or the area of the Crown land portion of a woodlot licence area, other than the boundary or area of a woodlot licence issued under section 47.3 (1) of the Act, if the district manager or regional manager, depending on which of them is the decision maker, is satisfied that
(a) the increase is to implement or further an agreement between a first nation and the government respecting treaty-related measures, interim measures or economic measures,
(b) the woodlot licence is held by
(i) a first nation, or
(ii) subject to section 47.3 of the Act, a representative of a first nation, and
(c) after the increase the Crown land portion of the woodlot licence area will not exceed the area specified in section 45 (1) (b) (ii) of the Act.
[en. B.C. Reg. 338/2007.]
Part 4 BEFORE repealed by BC Reg B.C. Reg. 181/2016, effective July 19, 2016.
Part 4 — Surrender of Woodlot Licence
Surrender of woodlot licence
10 (1) The holder of a woodlot licence may apply in writing to the minister to surrender the licence.
(2) An application to surrender a woodlot licence must
(a) be in the form and manner, and
(b) include information, including information respecting the matters set out in subsection (3),
required by the minister.
(3) The minister must accept the application to surrender the woodlot licence if satisfied that
(i) fulfilled the holder's obligation referred to in section 11 (1) (a) and (b), or
(ii) provided the security under section 11 (1) in respect of those obligations if required to do so,
(i) fulfilled the holder's obligation to establish a free growing stand under section 29 (3) or Part 11, Division 5, of the Forest and Range Practices Act,
(ii) provided security under section 1 (1) (a) of the Security for Forest and Range Practice Liabilities Regulation in respect of that obligation if required to do so, or
(iii) received the minister's approval to transfer the obligations referred to in subparagraph (i) to another person in accordance with section 29.1 of the Forest and Range Practices Act, and
(c) on the date the application to surrender the woodlot licence is accepted, all money
(i) required to be paid to the government under the circumstances set out in section 130 (1.1) of the Act, and
(ii) due and payable to the government under that section
in respect of the woodlot licence
(iv) is the subject of an arrangement for payment approved by the revenue minister.
(4) If the minister accepts an application under subsection (3), the surrender of the woodlot licence is effective on the date agreed to by the minister and the applicant.
[en. B.C. Reg. 388/2008.]
Security for surrender of woodlot licence
11 (1) The minister may require the holder of a woodlot licence who has applied to surrender the licence under section 10 (1) to provide security for the performance of one or more of the following obligations if satisfied that the requirement is in the public interest, after considering the likelihood of, and the consequences of, the obligation not being met:
(a) the maintenance or deactivation of roads that were constructed or used under the licence or under an associated road permit, as required under the Forest and Range Practices Act;
(b) the abatement of any fire hazards in areas under the licence or under an associated road permit in which the licence holder carried out an industrial activity, as required under the Wildfire Act.
(2) The security required under subsection (1) may be provided in cash, by certified cheque or by other security acceptable to the minister.
[en. B.C. Reg. 388/2008.]
Refund of security
12 (1) If section 13 does not apply, the security provided under section 11 may be refunded
(a) in full, if the minister is satisfied that the obligation for which the security was obtained has been fulfilled, or
(b) in part, if the minister is satisfied that the obligation for which the security was obtained has been substantially fulfilled.
[en. B.C. Reg. 388/2008.]
Forfeiture of security for non-compliance with obligations
13 (1) The minister must realize a security provided under section 11 if satisfied that the person who provided the security did not fulfill the obligation for which the security was obtained.
(2) The minister must refund to the person who provided the security any surplus of funds remaining from the realization of the security under subsection (1), after payment of the amount of all direct and indirect costs the minister determines were reasonably incurred in carrying out the work to fulfill the obligation.
[en. B.C. Reg. 388/2008.]