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B.C. Reg. 552/78 |
Filed December 21, 1978 |
Forest
Act
[includes amendments up to B. C. Reg. 44/99]
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Contents |
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1 |
Interpretation |
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2 |
Timber sale licence and
forest licence |
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3 |
Tree farm licence or
pulpwood agreement |
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4 |
Woodlot licence |
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5 |
Publication of notice |
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6 |
Deposits |
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6.1 |
Deposits — transitional |
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7 |
Amount of deposit |
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8 |
Refund, forfeiture, etc. |
1 In this regulation:
"Act" means the Forest Act;
"agreement" means a forest licence, timber sale licence, timber
licence, tree farm licence, pulpwood agreement, woodlot licence, licence to cut
or Christmas tree permit entered into under the Act;
"licensee" means a person who enters into an agreement, other
than a Christmas tree permit, with the Crown;
"permittee" means a person who enters into an agreement with the
Crown in the form of a Christmas tree permit.
[am. B.C. Reg. 147/83, s. 2.]
Advertising
2 An advertisement inviting applications for a forest
licence or a timber sale licence shall,
(a) where
(i) the total volume of
timber to be authorized for harvesting under the licence is less than 2 000 m3,
or
(ii) the timber must be
removed expeditiously because it is in imminent danger of being damaged,
destroyed or otherwise lost,
be published at least once, a
minimum of 5 days before the date of sale, in at least one newspaper
circulating in or near the area proposed for the licence,
(b) where the total volume of
timber to be authorized for harvesting under the licence is 2 000 m3
or more, but less than 15 000 m3, be published
(i) in at least one issue
of the Gazette, and
(ii) at least once, within
a period of 3 consecutive weeks following the date of the publication in the
Gazette, in at least one newspaper circulating in or near the area proposed for
the licence,
(c) where the total volume
of timber to be authorized for harvesting under the licence is 15 000 m3
or more, but less than 100 000 m3, be published
(i) in at least one issue
of the Gazette, and
(ii) at least once every 2
weeks, within a period of 4 consecutive weeks following the date of publication
in the Gazette, in at least one newspaper circulating in or near the area
proposed for the licence, or
(d) where the total volume
of timber to be authorized for harvesting under the licence is 100 000 m3
or more, be published
(i) in at least one issue
of the Gazette, and
(ii) at least once every 2
weeks, within a period of 8 consecutive weeks following the date of the
publication in the Gazette, in at least one newspaper circulating in or near
the area proposed for the licence.
[en.
B.C. Reg. 328/89, s. 1.]
3 An advertisement inviting applications for a tree
farm licence or pulpwood agreement
(a) shall be published
(i) in at least one issue of
the Gazette, and
(ii) in at least one
newspaper circulating in or near the area proposed for the licence or the
agreement, as the case may be, with at least one advertisement in every second
week within the period of 8 consecutive weeks from the date of the publication
in the Gazette,
(b) shall be broadcast at
least once every second week within a period of 8 consecutive weeks on a radio
or television station received in or near the area proposed for the licence or
the agreement, as the case may be, and
(c) shall include
(i) an informal
description of the land proposed for the licence or agreement,
(ii) the place and a date,
at least 4 months following the publication in the Gazette for the public
hearing required under section 33 (4) or 40 (5) of the Act, as the case may be,
and
(iii) a name of a place in
the forest region where persons are able to obtain details of the proposed
licence or agreement, as the case may be.
[am.
B.C. Regs. 147/83, s. 4; 393/97, App. s. 1 (a).]
4 An advertisement inviting applications for a woodlot
licence
(a) shall be published
(i) in at least one issue of
the Gazette, and
(ii) in at least one
newspaper circulating in or near the area proposed for the licence, at least
once every 2 weeks within a period of 4 consecutive weeks following the date of
publication in the Gazette, and
(b) shall include
(i) an informal description
of the land proposed for the licence, and
(ii) the name of a place
in the forest region or forest district where persons can obtain details of the
proposed licence.
[am.
B.C. Regs. 147/83, s. 5; 328/89, s. 2.]
5 (1) Notice of
(a) an offer of a forest
licence made under section 15 (1),
(b) a surrender of one or
more timber sale licences made under section 17 (1),
(c) an offer of a timber
licence made under section 28 (2),
(d) an offer of a tree farm
licence made under section 36 (1),
(e) an offer of a pulpwood
agreement made under section 42 (1), or
(f) an offer of a woodlot
licence made under section 46 (1)
of the Act must be
published not later than 6 weeks after the offer or surrender, as the case may
be, in the Gazette and in at least one issue of at least one newspaper
circulating in or near the area of the agreement.
(2) A notice published
under subsection (1) shall
(a) identify the person
who made the surrender or to whom the offer was made,
(b) describe informally
the land and timber subject to the agreement surrendered or offered, and
(c) describe the term of
the agreement offered, or to be entered into, pursuant to the surrender.
[am.
B.C. Regs. 147/83, s. 6; 393/97, App. s. 1 (b).]
Deposits
6 (1) Where, under Part 3 of the Act, an application is
made for an agreement, other than a Christmas tree permit, the application
shall include
(a) in cash or by certified
cheque an amount that equals one year's rent for the agreement as calculated
according to the Act, and
(b) in cash, by certified
cheque or by other security acceptable to the minister, a deposit that equals
the amount calculated under section 7, according to the information available
at the time of the application.
(1.1) Notwithstanding
subsection (1), where an application is made for an agreement in the form of a
timber sale licence to which section 7 (1) (c) applies, the application may be
without a deposit or may include part or all of the deposit amount required
under subsection (1) (b) of this section, as specified by the regional manager
or the district manager.
(2) Where an error occurs in
the calculation of the stumpage or deposit under subsection (1) or (1.1), the
regional manager or the district manager may allow additional time for the
deposit to be brought up to the proper amount.
(3) The successful applicant
for a timber sale licence to which section 7 (1) (c) applies shall pay, on
demand, prior to the execution of the agreement, any amount by which the
deposit calculated under section 7 (1) (c) exceeds the amount of deposit paid
under subsection (1) or (1.1).
(3.1) Where all or part of
the deposit is used by the Crown during the term of a timber sale licence, the
successful applicant shall, on demand, make a further payment to maintain the
deposit in the amount determined by this section.
(4) Where
(a) an offer of a
replacement for an agreement, other than a Christmas tree permit, entered into
under the Act or the former Act is accepted, or
(b) an agreement, other
than a Christmas tree permit, entered into under the former Act is surrendered
for replacement,
the person who accepts the
offer or surrenders the agreement
(c) shall maintain on
deposit with the Crown an amount equal to one year's rent for the replacement
agreement plus a deposit for that agreement calculated in accordance with
section 7, and
(d) where the amounts
required to be maintained on deposit by paragraph (c) exceed the like amounts
on deposit with the Crown in respect of the agreement being replaced, shall pay
the Crown the difference on demand.
(5) An application for any
agreement referred to in section 12 of the Act or for an offer or surrender of
an agreement, other than a Christmas tree permit, that relates to
(a) the construction or
operation of a timber processing facility or other improvement, or
(b) land on which is
situated the personal property owned by a person other than the applicant or a
person accepting the offer or surrendering the agreement or the Crown,
shall include in cash, by
certified cheque or by other security acceptable to the minister a deposit that
equals the amount specified in the invitation for application or the offer or
surrender, as the case may be.
[en.
B.C. Reg. 147/83, s. 7; am. B.C. Regs. 328/89, s. 3; 393/97, App., s. 1 (c).]
6.1 Despite section 6, if the holder of a timber sale
licence to which section 7 (1) (c) applies pays a deposit before March 31, 1999
that exceeds $75 000, the deposit may be reduced to $75 000.
[en. B.C. Reg. 44/99, s. 1.]
7 (1) The deposit referred to in section 6 (1) to (4)
shall be
(a) for a tree farm licence,
10¢/m3 of the allowable annual cut,
(b) for a timber sale licence
entered into under section 24 (2) of the Act, 20¢/m3 of the
allowable annual cut,
(c) for a timber sale
licence, other than a timber sale licence referred to in paragraph (b), an
amount determined by the regional or district manager that is
(i) not less than the sum of
10% of the first $100 000 of stumpage plus 5% of the next $400 000 of stumpage
plus 2% of the remaining total estimated stumpage value tendered, and
(ii) not more than the lesser
of the following:
(A) 50% of the total
estimated stumpage value tendered;
(B) $75 000.
(d) for a forest licence,
15¢/m3 of the allowable annual cut, and
(e) for a woodlot licence,
$200.
(2) Where under subsection
(1) (c) (i) the minimum amount of deposit is less than $500, the deposit
required shall be
(i) zero, or
(ii) an amount not less
than $500,
determined by the regional
manager or the district manager.
[en.
B.C. Reg. 147/83, s. 7; am. B.C. Regs. 328/89, s. 4; 393/97, App., s. 1 (d);
44/99, s. 2.]
Disposition
of an Amount Paid under Section 6
8 (1) Where an application for an agreement is not
approved, the money paid under section 6 in respect of the application may be
refunded under section 16 of the Financial Administration Act.
(2) Where an application for
an agreement is approved, but the applicant fails or refuses to enter into the
agreement,
(a) the money paid under
section 6 in respect of the application is forfeited to the Crown, and
(b) the applicant, if a small
business forest enterprise, shall be disqualified under section 78 (1) (d) and
(e) of the Act.
(3) Where a licensee fails or
refuses to comply with the terms and conditions of an agreement and the licence
is cancelled,
(a) the deposit is forfeited
to the Crown, and
(b) the licensee, if a
small business forest enterprise, shall be disqualified under section 78 (1)
(d) and (e) of the Act.
[en.
B.C. Reg. 147/83, s. 7; am. B.C. Regs. 328/89, s. 5; 393/97, App., s. 1 (e)
& (f).]
[Provisions of the Forest Act, R.S.B.C.
1996, c. 157, relevant to the enactment of this regulation: section 151 (1)]