Repealed

2-4   [Repealed 2002-45-2.]

Provincial forests

5   (1) The Lieutenant Governor in Council may designate any forest land as a Provincial forest and may order that Provincial forests be consolidated or divided.

(2) Notice of an order made under subsection (1) must be published in the Gazette.

(3) All Crown land in a tree farm licence area is a Provincial forest and, if an amendment is made to the boundaries of a tree farm licence area, the boundaries of the Provincial forest are deemed to be amended accordingly.

(4) Crown land in a Provincial forest must not be disposed of under the Taxation (Rural Area) Act or, subject to subsection (5), under the Land Act.

(5) Crown land in a Provincial forest may be disposed of under the Land Act for

(a) an easement or right of way, or

(b) any other purpose that the chief forester considers is compatible with the uses described in section 2 (1) of the Forest Practices Code of British Columbia Act or that is permitted by regulations made under that Act,

but, except for the purposes of a highway, transmission line, or pipeline right of way, a disposition must not be made of the fee simple interest in the land.

(6) If the Lieutenant Governor in Council considers it will be to the social and economic benefit of British Columbia, he or she may cancel a Provincial forest, except for land in a tree farm licence area.

(7) If the minister considers it will be to the social and economic benefit of British Columbia, he or she may delete land from a Provincial forest, except for land in a tree farm licence area.

(8) If a Provincial forest that contains one or more wilderness areas is cancelled or land that composes one or more wilderness areas is deleted from the Provincial forest, those wilderness areas are reduced by the land that has been so deleted or cancelled.

(9) Land that is deleted from a Provincial forest and is granted by the government, but later reverts to the government, is deemed to be included in the Provincial forest without further order of the Lieutenant Governor in Council.

Wilderness areas

6   The Lieutenant Governor in Council may designate any Crown land in a Provincial forest as a wilderness area, cancel such designation or amend the boundaries of a wilderness area.

Timber supply areas

7   The minister may

(a) designate land as a timber supply area, and

(b) order the consolidation, division or abolition of timber supply areas or order their boundaries changed.

Allowable annual cut

8   (1) The chief forester must determine an allowable annual cut at least once every 10 years after the date of the last determination, for

(a) the Crown land in each timber supply area, excluding the Crown land in the licence areas of area-based licences, and

(b) each tree farm licence area.

(2) If the minister

(a) makes an order under section 7 (b) respecting a timber supply area, or

(b) amends or enters into a tree farm licence to accomplish a result set out under section 39 (2) or (3),

the chief forester must make an allowable annual cut determination under subsection (1) for the timber supply area or tree farm licence area

(c) within 10 years after the order under paragraph (a) or the amendment or entering into under paragraph (b), and

(d) after the determination under paragraph (c), at least once every 10 years after the date of the last determination.

(3) If

(a) the allowable annual cut for the tree farm licence area is reduced under section 9 (3), and

(b) the chief forester subsequently determines, under subsection (1) of this section, the allowable annual cut for the tree farm licence area,

the chief forester must determine an allowable annual cut at least once every 10 years from the date the allowable annual cut under subsection (1) of this section is effective under section 9 (6).

(3.1) If, in respect of the allowable annual cut for a timber supply area or tree farm licence area, the chief forester considers that the allowable annual cut that was determined under subsection (1) is not likely to be changed significantly with a new determination, then, despite subsections (1) to (3), the chief forester

(a) by written order may postpone the next determination under subsection (1) to a date that is up to 15 years after the date of the relevant last determination, and

(b) must give written reasons for the postponement.

(3.2) If the chief forester, having made an order under subsection (3.1), considers that because of changed circumstances the allowable annual cut that was determined under subsection (1) for a timber supply area or tree farm licence area is likely to be changed significantly with a new determination, he or she

(a) by written order may rescind the order made under subsection (3.1) and set an earlier date for the next determination under subsection (1), and

(b) must give written reasons for setting the earlier date.

(4) If the allowable annual cut for the tree farm licence area is reduced under section 9 (3), the chief forester is not required to make the determination under subsection (1) of this section at the times set out in subsection (1) or (2) (c) or (d), but must make that determination within one year after the chief forester determines that the holder is in compliance with section 9 (2).

(5) In respect of an allowable annual cut determined under this Act, the chief forester may, at any time, specify that portions of the allowable annual cut are attributable to one or more of the following:

(a) different types of timber or terrain in different parts of Crown land within a timber supply area or tree farm licence area;

(a.1) different areas of Crown land within a timber supply area or tree farm licence area;

(b) different types of timber or terrain in different parts of private land within a tree farm licence area.

(c) [Repealed 1999-10-1.]

(5.1) The chief forester may, at any time, amend or cancel a specification made under subsection (5).

(6) The minister must determine an allowable annual cut for each woodlot licence area in accordance with the woodlot licence for that area.

(7) The minister must determine an allowable annual cut for

(a) each community forest agreement area in accordance with the community forest agreement for that area, and

(b) each first nations woodland licence area in accordance with the first nations woodland licence for that area.

(8) In determining an allowable annual cut under subsection (1) the chief forester, despite anything to the contrary in an agreement listed in section 12, must consider

(a) the rate of timber production that may be sustained on the area, taking into account

(i) the composition of the forest and its expected rate of growth on the area,

(ii) the expected time that it will take the forest to become re-established on the area following denudation,

(iii) silviculture treatments to be applied to the area,

(iv) the standard of timber utilization and the allowance for decay, waste and breakage expected to be applied with respect to timber harvesting on the area,

(v) the constraints on the amount of timber produced from the area that reasonably can be expected by use of the area for purposes other than timber production, and

(vi) any other information that, in the chief forester's opinion, relates to the capability of the area to produce timber,

(b) the short and long term implications to British Columbia of alternative rates of timber harvesting from the area,

(c) [Repealed 2003-31-2.]

(d) the economic and social objectives of the government, as expressed by the minister, for the area, for the general region and for British Columbia, and

(e) abnormal infestations in and devastations of, and major salvage programs planned for, timber on the area.

(9) Subsections (1) to (4) of this section do not apply in respect of the management area, as defined in section 1 (1) of the Haida Gwaii Reconciliation Act.

(10) Within one year after the chief forester receives notice under section 5 (4) (a) of the Haida Gwaii Reconciliation Act, the chief forester must determine, in accordance with this section, the allowable annual cut for

(a) the Crown land in each timber supply area, except the areas excluded under subsection (1) (a) of this section, and

(b) each tree farm licence area

in the management area, as defined in section 1 (1) of the Haida Gwaii Reconciliation Act.

(11) The aggregate of the allowable annual cuts determined under subsections (6), (7) and (10) that apply in the management area, as defined in section 1 (1) of the Haida Gwaii Reconciliation Act, must not exceed the amount set out in a notice to the chief forester under section 5 (4) (a) of that Act.

Adjusting the allowable annual cut

8.1   (1) The allowable annual cut is adjusted as prescribed in the regulations as follows:

(a) for the Crown land in a timber supply area, excluding tree farm licence areas, community forest agreement areas, first nations woodland licence areas and woodlot licence areas,

(i) if the minister makes an order under section 7 (b) respecting the timber supply area, or

(ii) in other prescribed circumstances;

(b) for a tree farm licence area

(i) if the minister replaces or amends the tree farm licence under section 39 (2) or (3), subject to section 39 (6),

(ii) if the minister changes the boundary or area of the tree farm licence under section 39.1, or

(iii) in other prescribed circumstances.

(2) [Repealed 2021-38-21.]

Plans, studies, analyses and information

9   (1) The chief forester may require the holder of a tree farm licence, at the holder's expense, to

(a) prepare and supply any plans, studies and analyses, and

(b) obtain and supply any information,

that the chief forester considers adequate to assist in the determination of an allowable annual cut for the tree farm licence area.

(2) The holder of the tree farm licence must

(a) prepare and supply the plans, studies and analyses, and

(b) obtain and supply the information,

required under subsection (1) and must do so at the time and in the form and manner required by the chief forester.

(3) If the chief forester determines that the holder of a tree farm licence has failed to comply with subsection (2), the allowable annual cut for the tree farm licence area in effect at the time of the determination is reduced by 25% effective January 1 of the year following the year in which the determination is made.

(4) If, on the first anniversary of a determination under subsection (3), the chief forester determines that the holder of the tree farm licence has not yet complied with subsection (2), the allowable annual cut in effect immediately before that determination is reduced by 25% effective January 1 of the year following the year in which that determination is made.

(5) If a determination is made by the chief forester under subsection (4) and

(a) subsequent to that determination but before the reduction becomes effective under that subsection, the chief forester determines that the holder has complied with subsection (2), the reduction that was due to come into effect is cancelled, and

(b) after the reduction becomes effective under that subsection, the chief forester determines that the holder has complied with subsection (2), the allowable annual cut in effect immediately before the reduction is restored.

(6) If the allowable annual cut for the tree farm licence area is reduced under subsection (3) or (4), the next allowable annual cut for the tree farm licence area determined by the chief forester under section 8 (1), despite the reduction, is effective on the date the reduction took place under subsection (3).

Apportioning cut

10   (1) The minister may specify that a portion of the allowable annual cut determined for the Crown land in a timber supply area under section 8 (1) (a) is available for granting under a form of agreement referred to in section 12.

(2) The minister if permitted to do so under a tree farm licence may make available for granting under Divisions 2, 3 and 7 of Part 3, to persons other than the holder of the tree farm licence, portions of the allowable annual cut determined for the tree farm licence area that have been specified by the chief forester under section 8 (5) (a).