Section 3 BEFORE amended by BC Reg 150/2015, effective July 28, 2015.
Allowable annual cut available
3 For the purposes of the definition of "allowable annual cut available" in section 1 (1) of the Act, the allowable annual cut available to a tree farm licence holder is the allowable annual cut of the tree farm licence area minus
(a) the allowable annual cut attributed to a reservation referred to in section 35 (1) (h) of the Act, except the portion of the reservation attributed to a deletion of Crown land from the tree farm licence area under section 39.1 of the Act if the agreement making the deletion states that the deletion of Crown land is to offset a reservation referred to in section 35 (1) (h) of the Act, and
(b) the reduction to the allowable annual cut attributed to the tree farm licence under section 3 (3) of the Forestry Revitalization Act, except the portion of the reduction attributed to a deletion of Crown land from the tree farm licence area
(i) by order of the minister under section 3 (4) of that Act, or
(ii) under section 39.1 of the Forest Act, if the agreement making the deletion states that the deletion of Crown land is to offset a reduction under section 3 (3) of the Forestry Revitalization Act.
Section 5 (2) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(c) as a result of paragraph (b), the timber harvesting land base of the timber supply area from which the land is removed is reduced by at least 2% and equals at least 200 hectares,
Section 5 (2) (part) BEFORE amended by BC Reg 101/2018, effective May 25, 2018.
the allowable annual cut of the timber supply area is, after the boundary of the timber supply is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary of the timber supply area minus the amount obtained by applying the following formula:
Section 7 (2) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(c) as a result of paragraph (b) the timber harvesting land base of the timber supply area from which that land was removed decreases by 2% and equals at least 200 hectares,
Section 8 (1) and (3) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(1) If the minister changes the boundary or area of a tree farm licence under section 39.1 of the Act by adding land to the area of the licence and the minister specifies in the instrument making the change the allowable annual cut of the area of land that is added, the allowable annual cut of
(a) the tree farm licence area is, after the boundary or area of the licence is changed, the allowable annual cut of the tree farm licence as it was immediately before the change to the boundary or area of the licence plus the allowable annual cut of the area of land added to the licence, and
(b) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence minus the allowable annual cut of the area of land added to the licence.
(3) If
(a) subsection (1) does not apply,
(b) the minister changes the boundary or area of a tree farm licence under section 39.1 of the Act by adding land to the area of the licence, and
(c) the area of land that is added has an allowable annual cut attributed to it under section 8 (5) (a.1) of the Act,
the allowable annual cut of
(d) the tree farm licence area is, after the boundary or area of the licence is changed, the allowable annual cut of the tree farm licence area as it was immediately before the change to the boundary or area of the licence plus the allowable annual cut referred to in paragraph (c), and
(e) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence minus the allowable annual cut referred to in paragraph (c).
Section 8 (2) (b) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(b) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence plus the allowable annual cut of the area of land removed from the licence.
Section 8 (5) (b), (c) and (d) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(b) the minister changes the boundary or area of a tree farm licence under section 39.1 of the Act by adding land to the area of the licence, and
(c) as a result of paragraph (b), the timber harvesting land base of the licence to which the land is added increases by at least 2% and equals at least 200 hectares,
the allowable annual cut of
(d) the tree farm licence area is, after the boundary or area of the licence is changed, the allowable annual cut of the tree farm licence area as it was immediately before the change to the boundary or area of the licence plus the amount obtained by applying the following formula:
Section 8 (6) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(c) as a result of paragraph (b), the timber harvesting land base of the licence from which the land is removed decreases by 2% and equals at least 200 hectares,
Section 8 (6) (e) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(e) the timber supply area in which the tree farm licence is located is, after the boundary or area of the licence is changed, the allowable annual cut of the timber supply area as it was immediately before the change to the boundary or area of the licence plus the amount obtained by applying the formula set out in paragraph (d).
Section 10 (3) (c) BEFORE amended by BC Reg 23/2013, effective January 30, 2013.
(c) as a result of paragraph (b), the timber harvesting land base of the tree farm licence from which that land is removed decreases by 2% and equals at least 200 hectares,
Section 11 BEFORE re-enacted by BC Reg 104/2011, effective June 9, 2011.
New community forest agreement
11 If the minister enters into a community forest agreement and the area of the agreement is comprised of land in a timber supply area, the allowable annual cut of the timber supply area covered by the agreement is the allowable annual cut of the timber supply area as it was immediately before the agreement is entered into minus the allowable annual cut of the community forest agreement area under section 8 (7) of the Act.
Section 11 BEFORE re-enacted by BC Reg 23/2013, effective January 30, 2013.
New community forest agreement
11 (1) If the minister enters into a community forest agreement and the community forest agreement area is within a timber supply area, the allowable annual cut of the timber supply area is the allowable annual cut of the timber supply area as it was immediately before the community forest agreement is entered into minus the allowable annual cut determined for the community forest agreement area.
(2) If the minister enters into a community forest agreement and the community forest agreement area is within more than one timber supply area, the allowable annual cut of each timber supply area is the allowable annual cut of the timber supply area as it was immediately before the community forest agreement is entered into minus the allowable annual cut attributed to that timber supply area in the allowable annual cut determined for the community forest agreement area.
[en. B.C. Reg. 104/2011, Sch. 1, s. 1.]
Section 11 BEFORE amended by BC Reg 159/2023, effective July 15, 2023.
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:
Section 12 BEFORE re-enacted by BC Reg 23/2013, effective January 30, 2013.
New first nations woodland licence
12 (1) If the minister enters into a first nations woodland licence and the first nations woodland licence area is within a timber supply area, the allowable annual cut of the timber supply area 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 allowable annual cut determined for the first nations woodland licence area.
(2) If the minister enters into a first nations woodland licence and the first nations woodland licence area is within more than one timber supply area, the allowable annual cut of each timber supply area 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 allowable annual cut attributed to that timber supply area in the allowable annual cut determined for the first nations woodland licence area.
[en. B.C. Reg. 104/2011, Sch. 1, s. 2.]
Section 12 BEFORE amended by BC Reg 159/2023, effective July 15, 2023.
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:
Section 13 BEFORE amended by BC Reg 159/2023, effective July 15, 2023.
Surrender of area-based agreements under Surrender Regulation
"agreement area" means the area of land that is subject to an area-based agreement;
"area-based agreement" means a tree farm licence, community forest agreement, first nations woodland licence or woodlot licence.
(2) If an area-based agreement is surrendered under section 6 [acceptance of application to surrender agreement] of the Surrender Regulation, the allowable annual cut of the timber supply area in which the agreement area is located is, after the surrender takes effect, the allowable annual cut of the timber supply area as it was immediately before the surrender took effect plus the allowable annual cut of the Crown land portion of the agreement area as it was immediately before the surrender took effect.
[en. B.C. Reg. 181/2016, App. 2, s. 2.]