Definitions

1   (1) In this Act:

"annual cut reduction" means a reduction in allowable annual cut that, at any time during the period beginning on January 1, 1995 and ending May 31, 2003, the minister, acting or purporting to act under section 63 of the Forest Act, imposed or imposes on holders of forest licences and timber sale licences;

"protected area" means

(a) a park as defined in section 1 of the Park Act,

(b) an area established under the Environment and Land Use Act as a park or protected area, or

(c) an area established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia Act,

that is itemized in Column 1 of the Schedule.

(2) In this Act, words and expressions not defined in subsection (1) have the same meanings as in the Forest Act.

Protected areas deleted from licensed areas

2   (1) Crown land in a protected area itemized in Column 1 of the Schedule is conclusively deemed, effective on the date in Column 2 of the same item, to have been deleted from any part of any tree farm licence area, timber licence area, woodlot licence area or timber supply area that, on that date, is within the boundaries of that protected area.

(2) Each of the following is deemed amended to reflect the deletion under subsection (1):

(a) a tree farm licence, timber licence or woodlot licence that authorizes the harvesting of timber in a tree farm licence area, timber licence area or woodlot licence area referred to in subsection (1);

(b) the boundaries of a timber supply area referred to in subsection (1).

(3) For the purposes of the application of section 60 of the Forest Act and the determination of compensation under that section, the deletions under subsection (1) must be considered to have been for a purpose other than

(a) access to Crown timber,

(b) highway, pipeline or power transmission line rights of way,

(c) water storage, or

(d) timber production.

Deletion under section 60 of the Forest Act

3   (1) A deletion under section 2 (1) from a tree farm licence area, timber licence area or woodlot licence area is conclusively deemed, for all purposes, to have been and to be a deletion of Crown land validly made under section 60 of the Forest Act as that section read at the time of the deletion, even though notice was not served in accordance with that section.

(2) If doubt exists as to whether and to what extent, if any, an allowable cut reduction for a tree farm licence was or is attributable to the deletion of land referred to in subsection (1), the chief forester may issue a written statement resolving the doubt.

(3) A written statement under subsection (2) is conclusive for the purposes of subsection (1).

Allowable annual cut reductions under section 60 of the Forest Act

4   (1) An annual cut reduction, to the extent that it was or is attributable to the establishment of a protected area, is conclusively deemed, for all purposes, to have been and to be a reduction in allowable annual cut validly made under section 60 of the Forest Act as that section read at the time of the reduction, even though notice was not served in accordance with that section.

(2) If doubt exists as to whether and to what extent, if any, an annual cut reduction for any forest licence or timber sale licence was or is attributable to the establishment of a protected area in a timber supply area, the minister or a person designated by the minister, after consulting with the chief forester, may issue a written statement resolving the doubt.

(3) A written statement under subsection (2) is conclusive for the purposes of subsection (1).

Set-off for benefits previously received

5   The amount of compensation payable under section 60 of the Forest Act to the holder of a tree farm licence, timber licence, woodlot licence, forest licence or timber sale licence must be reduced by any financial benefit or other benefit received by that holder from the government before the coming into force of this section arising out of the establishment of a protected area.

No application to settled claims of licence holders

6   This Act does not apply in respect of a claim by the holder of a licence against the government for compensation or damages because of a deletion under section 2 (1) or an annual cut reduction if, before the coming into force of this section, the holder has agreed with the government for the settlement of the claim.

Limit on compensation

7   (0.1) In this section, "compensation" includes damages.

(1) The compensation payable to the holder of a licence because of

(a) a deletion under section 2 (1) affecting the licence,

(b) an annual cut reduction affecting the licence, to the extent that it was or is attributable to the establishment of a protected area,

(c) the establishment of a protected area that included all or part of the area under the licence, or

(d) any of the things specified in paragraphs (a) to (c) in combination with either or both of the others

is limited to the amount of compensation determined in relation to that licence under section 60 of the Forest Act as it applies for the purposes of this Act.

(2) No action lies, and an action or other proceeding must not be brought or continued against the government for compensation

(a) arising out of this Act,

(b) because of any of the things specified in paragraphs (a) to (c) of subsection (1), or

(c) because of any of the things specified in paragraphs (a) to (c) of subsection (1) in combination with either or both of the others,

in an amount that exceeds the amount limited under subsection (1).

(3) A deletion under section 2 (1), an annual cut reduction or the establishment of a protected area that included all or part of the area under a licence does not constitute an expropriation within the meaning of the Expropriation Act.

Act to be given effect

8   (1) This Act must be applied to and must be given effect in every action or other proceeding whether commenced before, on or after the date this Act receives Royal Assent.

(2) This Act must not be construed as lacking effect, whether retroactive or otherwise, in relation to any matter because it makes no specific reference to that matter.

Clarification of protected areas

9   The Lieutenant Governor in Council may amend the Schedule by regulation by

(a) amending the names of protected areas itemized in Column 1 of the Schedule and the dates itemized in Column 2 of it, and

(b) prescribing additional items for the Schedule that specify additional protected areas and additional dates, in Columns 1 and 2, respectively.

Commencement

10   (1) Sections 1 to 3, 4 (1) and 7 (3) are deemed to have come into force on January 1, 1995 and are retroactive to the extent necessary to give them effect on and after that date.

(2) Regulations that may be made under section 9 may be made retroactive to January 1, 1995 or a later date that the Lieutenant Governor in Council may determine, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.