327_2016 — Great Bear Rainforest (Forest Management) Regulation

1

Definitions and Interpretation

s. 1 — Definitions

In this regulation:

s. 1 — AAC

AAC means allowable annual cut;

s. 1 — Act

Act means the Great Bear Rainforest (Forest Management) Act;

s. 1 — affected forest licence

affected forest licence has the same meaning as in section 26 (1) [definitions for Part 4] of the Act;

s. 1 — GeoBC map

GeoBC map means a map deposited in the Media Vault, GeoBC, Victoria;

s. 1 — TFL

TFL means tree farm licence;

s. 1 — TSA

TSA means timber supply area.

s. 1.1 — Interpretation for tables in sections 8, 12 and 16

s. 1.1(1)

In an item of a table in section 8 (2) [AACs for forest licences in GBR North TSA], 12 [AACs for forest licences in GBR South TSA] or 16 [AACs for forest licences in North Island TSA]:

s. 1.1(1) — exempt forest licence

exempt forest licence has the same meaning as in section 26 (1) of the Act;

s. 1.1(1) — former TSA

former TSA, in relation to a forest licence, means the TSA that was specified in the licence, as that licence read on December 31, 2016;

s. 1.1(1) — licence holder

licence holder, in relation to a forest licence, means the person that holds the licence as of January 1, 2017.

s. 1.1(2)

In an item of a table referred to in subsection (1), an affected forest licence is identified by the following information:

s. 1.1(2)(a)

in column 1, the licence number of the licence;

s. 1.1(2)(b)

in column 2, the licence holder;

s. 1.1(2)(c)

in column 3, the licence's former TSA.

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Maximum AAC and Abolition of TSAs

s. 2 — Maximum AAC for GBR forest management area

The maximum AAC for the GBR forest management area is 2 500 000 m 3.

s. 3 — Abolition of TSAs

The following TSAs are abolished:

s. 3(a)

the North Coast TSA;

s. 3(b)

the Mid Coast TSA;

s. 3(c)

the Kingcome TSA;

s. 3(d)

the Strathcona TSA.

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GBR North TSA

s. 4 — Designation of GBR North TSA

The land contained within the boundaries shown and described on the GeoBC map with the map name Great Bear Rainforest North Timber Supply Area and map reference number 577.3409711 G786 TSA1 2016 is designated as the GBR North TSA.

s. 5 — AAC for GBR North TSA

The AAC for the Crown land in the GBR North TSA is 803 000 m 3.

s. 6 — AAC partition for GBR North TSA

s. 6(1)

The AAC of 803 000 m 3 specified for the GBR North TSA is partitioned as follows:

s. 6(1)(a)

468 600 m 3 is attributable to those areas of Crown land that

s. 6(1)(a)(i)

are located within the North Island Central Coast Forest District established under the Forest Act, and

s. 6(1)(a)(ii)

are not located within the Owikeno Lake basin;

s. 6(1)(b)

113 200 m 3 is attributable to western red cedar and yellow cedar located within the Coast Mountains Forest District established under the Forest Act.

s. 6(2)

For the purposes of subsection (1) (a) (ii), the Owikeno Lake basin is the area located within the boundaries shown and labelled as the Owikeno Lake basin on the map referred to in section 4 [designation of GBR North TSA].

s. 7 — Apportionment of cut in GBR North TSA

In respect of the AAC of 803 000 m 3 specified for the GBR North TSA,

s. 7(a)

685 024 m 3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and

s. 7(b)

117 976 m 3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

s. 8 — AACs for forest licences in GBR North TSA

s. 8(1)

For the purposes of paragraph (c) of the definition of "exempt forest licence" in section 26 (1) [definitions for Part 4] of the Act, the affected forest licences identified in items 8, 12 and 20 of the table in subsection (2) are prescribed.

s. 8(2)

For an affected forest licence identified in the following table,

s. 8(2)(a)

the GBR North TSA is the area in which Crown timber may be harvested under the licence, and

s. 8(2)(b)

the AAC set out in column 4, opposite the licence's identification information in columns 1 to 3, is the AAC that may be harvested under that licence:

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GBR South TSA

s. 9 — Designation of GBR South TSA

The land contained within the boundaries shown and described on the GeoBC map with the map name Great Bear Rainforest South Timber Supply Area and map reference number 577.3409711 G786 TSA2 2016 is designated as the GBR South TSA.

s. 10 — AAC for GBR South TSA

The AAC for the Crown land in the GBR South TSA is 830 500 m 3.

s. 11 — Apportionment of cut in GBR South TSA

In respect of the AAC of 830 500 m 3 specified for the GBR South TSA,

s. 11(a)

608 445 m 3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and

s. 11(b)

222 055 m 3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

s. 12 — AACs for forest licences in GBR South TSA

For an affected forest licence identified in the following table,

s. 12(a)

the GBR South TSA is the area in which Crown timber may be harvested under the licence, and

s. 12(b)

the AAC set out in column 4, opposite the licence's identification information in columns 1 to 3, is the AAC that may be harvested under that licence:

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North Island TSA

s. 13 — Designation of North Island TSA

The land contained within the boundaries shown and described on the GeoBC map with the map name North Island Timber Supply Area and map reference number 577.3409711 G786 TSA3 2016 is designated as the North Island TSA.

s. 14 — AAC for North Island TSA

The AAC for the Crown land in the North Island TSA is 1 248 100 m 3.

s. 15 — Apportionment of cut in North Island TSA

In respect of the AAC of 1 248 100 m 3 specified for the North Island TSA,

s. 15(a)

885 510 m 3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and

s. 15(b)

362 590 m 3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

s. 16 — AACs for forest licences in North Island TSA

For an affected forest licence identified in the following table,

s. 16(a)

the North Island TSA is the area in which Crown timber may be harvested under the licence, and

s. 16(b)

the AAC set out in column 4, opposite the licence's identification information in columns 1 to 3, is the AAC that may be harvested under that licence:

s. 17 — AACs for new forest licences in North Island TSA

s. 17(1)

The holder of an affected forest licence identified in item 7, 8, 9, 10, 11, 17 or 18 of the table in section 12 [AACs for forest licences in GBR South TSA] may also harvest Crown timber in the North Island TSA under a new forest licence if the minister enters into the new forest licence with that holder in accordance with section 29 [direct award of new forest licences] of the Act.

s. 17(2)

The AAC that may be harvested under a new forest licence referred to in subsection (1) is the AAC set out in column 2 of the following table, opposite the holder referred to in column 1 with whom the minister may enter into the new forest licence:

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Pacific TSA

s. 18 — AAC for Pacific TSA

The AAC for the Crown land in the Pacific TSA is

s. 18(a)

62 400 m 3 for the GBR part of the TSA, and

s. 18(b)

1 279 700 m 3 for the non-GBR part of the TSA.

s. 19 — Apportionment of cut in GBR part of Pacific TSA

In respect of the AAC of 62 400 m 3 specified for the GBR part of the Pacific TSA,

s. 19(a)

11 052 m 3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and

s. 19(b)

51 348 m 3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

s. 20 — Apportionment of cut in non-GBR part of Pacific TSA

In respect of the AAC of 1 279 700 m 3 specified for the non-GBR part of the Pacific TSA,

s. 20(a)

9 999 m 3 is available to the minister for the purposes of granting under agreements referred to in section 12 (1) [form of agreements] of the Forest Act, and

s. 20(b)

1 269 701 m 3 is available to the timber sales manager for the purposes of granting under agreements referred to in section 12 (2) of the Forest Act.

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TFL 25

s. 21 — AAC for TFL area for TFL 25

The AAC for the TFL area for TFL 25 is 234 300 m 3.

s. 22 — Allocation of AAC for TFL area for TFL 25

The AAC of 234 300 m 3 specified for the TFL area for TFL 25 is allocated as follows:

s. 22(a)

152 300 m 3 is allocated to the north part of that TFL area;

s. 22(b)

82 000 m 3 is allocated to the south part of that TFL area.

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TFL 39

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AAC for TFL Area for TFL 39

s. 23 — AAC for TFL area for TFL 39

The AAC for the TFL area for TFL 39 is

s. 23(a)

41 300 m 3 for the GBR part of the TFL area, and

s. 23(b)

1 375 000 m 3 for the non-GBR part of the TFL area.

s. 24 — Partition of AAC for TFL area for TFL 39

s. 24(1)

In this section, management plan means a management plan within the meaning of section 35.2 [management plan for tree farm licence] of the Forest Act.

s. 24(2)

The AAC of 1 375 000 m 3 specified for the non-GBR part of the TFL area for TFL 39 is partitioned in order to attribute 1 203 000 m 3 to those areas of Crown land and private land that are identified as conventional harvesting areas in the map attached to the management plan for the TFL area, as that management plan read on January 1, 2017.

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Adaption of Cut Control for TFL 39

s. 25 — Definitions for Division 2

In this Division:

s. 25 — last cut control period

last cut control period, in relation to a notional licence, means the cut control period that ends when the AAC adjustment period ends;

s. 25 — notional licence

notional licence means a notional licence established by section 27 [notional division of TFL 39].

s. 26 — Application of Division 2

This Division applies in respect of TFL 39 in order to take into account the following:

s. 26(a)

the AAC specified by the Lieutenant Governor in Council for the GBR part of the TFL area;

s. 26(b)

the AAC specified by the Lieutenant Governor in Council for the non-GBR part of the TFL area;

s. 26(c)

if determined, the AAC determined by the chief forester for the non-GBR part of the TFL area.

s. 27 — Notional division of TFL 39

s. 27(1)

During the AAC adjustment period, TFL 39 is notionally divided into

s. 27(1)(a)

a notional licence for the GBR part of the TFL area, and

s. 27(1)(b)

a notional licence for the non-GBR part of the TFL area.

s. 27(2)

A notional licence is deemed to be a licence as defined in section 75.4 (1) [cut control period for major licences] of the Forest Act.

s. 28 — Cut control rules for TFL 39

s. 28(1)

The first cut control period for a notional licence is deemed to have begun on the same day as the cut control period for TFL 39, as that cut control period existed immediately before January 1, 2017.

s. 28(2)

Subject to subsections (1) and (3), the cut control periods for a notional licence are the cut control periods determined for the notional licence under section 75.4 [cut control period for major licences] of the Forest Act.

s. 28(3)

The cut control period for a notional licence ends when the AAC adjustment period ends.

s. 29 — Assignment of timber harvested under TFL 39

During the AAC adjustment period, the minister may assign to a notional licence the volume of timber harvested under TFL 39 or portions of that volume that the minister considers appropriate.

s. 30 — Rules for excess volume harvested under TFL 39

If there is an excess volume of timber harvested during the last cut control period for a notional licence, the excess volume

s. 30(a)

must be treated under section 75.7 [carry forward of excess harvest volume] of the Forest Act as being timber harvested during the next cut control period for TFL 39, and

s. 30(b)

must not be offset by the unharvested volume, if any, relating to the last cut control period for the other notional licence.

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TFL 45

s. 31 — AAC for TFL area for TFL 45

The AAC for the TFL area for TFL 45 is 114 513 m 3.

10

TFL 47

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AAC for TFL Area for TFL 47

s. 32 — AAC for TFL area for TFL 47

The AAC for the TFL area for TFL 47 is

s. 32(a)

388 500 m 3 for the GBR part of the TFL area, and

s. 32(b)

241 500 m 3 for the non-GBR part of the TFL area.

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Adaption of Cut Control for TFL 47

s. 33 — Definitions for Division 2

In this Division:

s. 33 — last cut control period

last cut control period, in relation to a notional licence, means the cut control period that ends when the AAC adjustment period ends;

s. 33 — notional licence

notional licence means a notional licence established by section 35 [notional division of TFL 47].

s. 34 — Application of Division 2

This Division applies in respect of TFL 47 in order to take into account the following:

s. 34(a)

the AAC specified by the Lieutenant Governor in Council for the GBR part of the TFL area;

s. 34(b)

the AAC specified by the Lieutenant Governor in Council for the non-GBR part of the TFL area;

s. 34(c)

if determined, the AAC determined by the chief forester for the non-GBR part of the TFL area.

s. 35 — Notional division of TFL 47

s. 35(1)

During the AAC adjustment period, TFL 47 is notionally divided into

s. 35(1)(a)

a notional licence for the GBR part of the TFL area, and

s. 35(1)(b)

a notional licence for the non-GBR part of the TFL area.

s. 35(2)

A notional licence is deemed to be a licence as defined in section 75.4 (1) [cut control period for major licences] of the Forest Act.

s. 36 — Cut control rules for TFL 47

s. 36(1)

The first cut control period for a notional licence is deemed to have begun on the same day as the cut control period for TFL 47, as that cut control period existed immediately before January 1, 2017.

s. 36(2)

Subject to subsections (1) and (3), the cut control periods for a notional licence are the cut control periods determined for the notional licence under section 75.4 [cut control period for major licences] of the Forest Act.

s. 36(3)

The cut control period for a notional licence ends when the AAC adjustment period ends.

s. 37 — Assignment of timber harvested under TFL 47

During the AAC adjustment period, the minister may assign to a notional licence the volume of timber harvested under TFL 47 or portions of that volume that the minister considers appropriate.

s. 38 — Rules for excess volume harvested under TFL 47

If there is an excess volume of timber harvested during the last cut control period for a notional licence, the excess volume

s. 38(a)

must be treated under section 75.7 [carry forward of excess harvest volume] of the Forest Act as being timber harvested during the next cut control period for TFL 47, and

s. 38(b)

must not be offset by the unharvested volume, if any, relating to the last cut control period for the other notional licence.