221_2006 — Licence to Cut Regulation

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Forestry Licence to Cut

s. 1 — Protecting communities from wildfire

For the purposes of section 47.6 (2) (d) of the Forest Act, harvesting Crown timber to protect a community from wildfire is prescribed.

s. 2 — Small scale and intermediate salvage

s. 2(1)

For the purposes of section 47.6 (2) (d) of the Forest Act, the minister may enter into a forestry licence to cut under which harvesting is restricted to Crown timber that

s. 2(1)(a)

is dead,

s. 2(1)(b)

in the opinion of the minister, is in danger, as a result of an insect infestation, fire, disease or windthrow, of being significantly reduced in value, lost or destroyed, or

s. 2(1)(c)

must be harvested for insect management purposes.

s. 2(2)

If a forestry licence to cut is entered into under subsection (1), it may, in the discretion of the minister, include Crown timber that

s. 2(2)(a)

is interspersed with timber described in that subsection, or

s. 2(2)(b)

must be harvested to provide access to timber described in that subsection.

s. 2(3)

Subject to subsection (4), the total volume of Crown timber that may be specified in a forestry licence to cut entered into under this section must not exceed 2 000 m 3.

s. 2(4)

The minister may enter into a forestry licence to cut for a volume exceeding 2 000 m 3, but not exceeding 5 000 m 3, if the forestry licence to cut is entered into as the result of a competitive process.

s. 3 — Controlled recreation areas

Harvesting Crown timber within a controlled recreation area established under the Resort Timber Administration Act is prescribed for the purposes of section 47.6 (2) (d) of the Forest Act.

s. 4 — Harvesting in conjunction with a government funded contract

For the purposes of section 47.6 (2) (d) of the Forest Act, the minister may enter into a forestry licence to cut with a person

s. 4(a)

if harvesting is restricted to Crown timber located on an area which is subject to a contract

s. 4(a)(i)

that was entered into with the person as the result of a competitive process,

s. 4(a)(ii)

that provides for the preparation of the area for reforestation or for the restoration of grassland or open forest, and

s. 4(a)(iii)

in respect of which the matters referred to subparagraph (ii) are funded by government,

s. 4(b)

in order to carry out the contract referred to in paragraph (a).

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Fibre Supply Licence to Cut

s. 5 — Applications for fibre supply licences to cut

The following requirements are prescribed for the purposes of section 47.71 (2) (b) of the Forest Act:

s. 5(a)

the application must be in the form specified by the minister;

s. 5(b)

if required by the advertisement inviting applications, the application must contain or be accompanied by a sealed bonus bid payable to the government in addition to other amounts payable under the Forest Act in respect of the licence;

s. 5(c)

the application must contain or be accompanied by the information specified by the minister for the purpose of evaluating the application under section 6 of this regulation.

s. 6 — Criteria for evaluating applications forfibre supply licences to cut

For the purposes of section 47.71 (3) of the Forest Act, the minister must evaluate applications for a fibre supply licence to cut on the basis of any of the following factors, and to the extent, that the minister considers applicable in respect of the licence and sets out in the advertisement inviting applications for that licence:

s. 6(a)

the amount and sufficiency of the revenue the licence is anticipated to generate for the government;

s. 6(b)

the best use of the Crown timber;

s. 6(c)

the economic value to British Columbia of existing facilities proposed to receive and use the timber removed under the licence;

s. 6(d)

the economic value to British Columbia of facilities proposed to be modified or constructed to receive and use the timber removed under the licence.

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Master Licence to Cut

s. 7 — Purpose for master licence to cut

For the purposes of section 47.4 (2) (b) (ii) of the Act, constructing or operating a pipeline is a prescribed purpose.