Gros Morne Forestry Timber Regulations

SOR/82-288 

FORESTRY DEVELOPMENT AND RESEARCH ACT

Gros Morne Forestry Timber Regulations
(SOR/82-288)

REGULATIONS RESPECTING THE CUTTING AND REMOVAL OF TIMBER IN THE GROS MORNE FOREST EXPERIMENTAL AREA

SHORT TITLE

1. These Regulations may be cited as the Gros Morne Forestry Timber Regulations.

INTERPRETATION

2. In these Regulations,

"designated area" means an area of land designated by a forestry officer for the cutting and removal of timber by a permittee; (aire désignée)

"eligible resident" means a person who, on or before August 13, 1973, was 19 years of age or over and resided within the boundaries of the proposed National Park, or in the community of Birchy Head, Cow Head, Curzon Village, Glenburnie, Neddy Harbour, Norris Point, Rocky Harbour, St. Paul's, Sally's Cove, Shoal Brook, Trout River, Winter House Brook or Woody Point in the Province of Newfoundland and includes a child of that person; (résident admissible)

"forestry officer" means a person who is an employee in the Department of the Environment whose duties include the administration of the Forestry Development and Research Act in the Gros Morne Forest Experimental Area; (agent forestier)

"Gros Morne Forest Experimental Area" means the area in the Province of Newfoundland that was established as a Forest Experimental Area by Order in Council P.C. 1981-3467 dated December 8, 1981; (région d'expérimentation forestière du Gros-Morne)

"Minister" means the Minister of the Environment; (ministre)

"permit" means a permit issued pursuant to section 5; (permis)

"permittee" means the holder of a permit and includes any person specified in the permit pursuant to paragraph 6(1)(g); (titulaire de permis)

"proposed National Park" means the area in the Province of Newfoundland described in Schedule B-1982 of Appendix C to Order in Council P.C. 1983-1/89 made January 13, 1983; (parc national projeté)

"special timber" means certain trees that are of special value for the construction of boats; (bois spécial)

"timber" means all trees or parts of trees living, dying or dead or standing, fallen or cut. (bois) SOR/85-350, s. 1.

APPLICATION

3. (1) These Regulations apply only in the Gros Morne Forest Experimental Area.

(2) These Regulations do not apply to an employee of the Department of the Environment who cuts timber in or removes timber from the Gros Morne Forest Experimental Area in the performance of his duties or to any person authorized by a forestry officer to cut or remove timber for purposes related to the management and administration of the Gros Morne Forest Experimental Area.

GENERAL PROHIBITION

4. No person shall cut timber in or remove timber from the Gros Morne Forest Experimental Area except under the authority of a permit and in accordance with the terms and conditions of that permit.

PERMITS

5. (1) A forestry officer, on application and payment to him of a fee of $2, may issue a permit

(a) to an eligible resident who is at least 16 years of age and who resides in Birchy Head, Cow Head, Curzon Village, Glenburnie, Neddy Harbour, Norris Point, Rocky Harbour, St. Paul's, Sally's Cove, Shoal Brook, Trout River, Winter House Brook or Woody Point to cut and remove timber from the Gros Morne Forest Experimental Area for the purpose of

(i) heating, repairing or maintaining his dwelling or constructing sheds used for his fishing operations, or

(ii) constructing a dwelling, barn, garage or shed appurtenant to his dwelling; or

(b) to an eligible resident who is at least 16 years of age and who resides in Rocky Harbour to cut and remove special timber from the Gros Morne Forest Experimental Area for the purpose of commercial boat building, subject to the provisions of the agreement dated August 13, 1973 between the Government of Canada and the Government of Newfoundland, and amendments thereto, respecting the establishment of a national park.

(2) No person is entitled to more than one permit

(a) in any calendar year, for the purposes of subparagraph (1)(a)(i) and paragraph (1)(b); or

(b) in his lifetime, for the purposes of subparagraph (1)(a)(ii). SOR/85-350, s. 2.

6. (1) The forestry officer who issues a permit may specify in the permit the terms and conditions of the permit including

(a) the expiry date of the permit;

(b) the purpose for which the timber can be used;

(c) the designated area to which the permit applies;

(d) the period of time during which cutting and removal of timber may take place;

(e) the quantity and species of timber that may be cut;

(f) the minimum diameter of timber that may be cut;

(g) the name of any person who may cut and remove timber on behalf of the permittee;

(h) the location where timber shall be piled for purposes of scaling and inspection;

(i) any natural resources that shall not be impaired during cutting and removal operations;

(j) the location and construction of routes that may be used for the removal of timber;

(k) the harvesting methods and types of equipment that may be used in cutting and removal operations; or

(1) the buildings or structures that may be constructed in the designated area to which the permit applies.

(2) No forestry officer shall specify in a permit to cut and remove timber on behalf of a permittee

(a) the name of a person who has failed to furnish a report pursuant to section 16 until he has furnished that report; or

(b) the name of a person who has been convicted of a violation of these Regulations unless at least one year has expired since the date of conviction in respect of that violation. SOR/85-350, s. 3.

7. No permittee shall transfer or assign his permit.

8. Every permittee shall be in possession of his permit during cutting and removal operations and, when requested by a forestry officer, shall produce his permit for examination.

SUSPENSION AND CANCELLATION OF PERMITS

9. (1) Where a forestry officer has reasonable grounds to believe that a permittee has violated these Regulations, he may suspend the permit of that permittee.

(2) A permit suspended pursuant to subsection (1) shall be reinstated and the permit shall be returned to the permittee if,

(a) after 30 days from the date of the suspension no charges have been laid in respect of the alleged violation for which the permit was suspended; or

(b) the permittee is acquitted of any charge laid with respect to the alleged violation for which the permit was suspended.

(3) Where a permittee is convicted of a violation of these Regulations, a forestry officer shall cancel the permit of that permittee and that person is not entitled to a permit for one year following the date of conviction.

PROHIBITIONS

10. Unless otherwise authorized in his permit, no permittee shall, in the Gros Morne Forest Experimental Area,

(a) cut or debark timber within 100 m of

(i) the midpoint of any highway,

(ii) the high water mark of the shoreline of any body of water, or

(iii) a public structure or facility;

(b) from May 15 to September 30 in any year, leave timber cut by him within 30 m of

(i) the midpoint of any highway or trail,

(ii) the high water mark of the shoreline of any body of water, or

(iii) a public structure or facility; or

(c) construct

(i) a route for the purpose of removing timber, or

(ii) a building or other structure.

11. No permittee shall remove from the location specified in his permit any quantity of timber until that timber has been scaled and inspected by a forestry officer except a maximum of five cords required for the purpose of heating the property of the permittee.

12. No permittee shall unreasonably or unnecessarily damage young timber during cutting and removal operations or along access routes to the designated area to which his permit applies.

13. No permittee shall sell, barter or trade any timber cut under the authority of his permit.

REQUIREMENTS

14. (1) Unless otherwise authorized in his permit, every permittee shall

(a) cut timber so that stumps do not exceed 30 cm in height; and

(b) remove and use all portions of timber cut to a top diameter of 8 cm.

(2) Where timber has been cut but has not been removed from the Gros Morne Forest Experimental Area prior to the expiration of the period of time for removal specified in this permit under which the timber was cut, a forestry officer may remove and dispose of that timber.

15. (1) Every person who has been issued a permit shall, within 30 days following the expiration of that permit, remove

(a) all buildings or structures placed on the designated area to which the permit applied;

(b) all equipment brought into that designated area; and

(c) all debris resulting from the cutting and removal of timber.

(2) Where a person fails to comply with subsection (1) within 60 days of receipt of a written notice requesting compliance with subsection (1), a forestry officer may remove or dispose of any building, structure, equipment or debris in a manner that he considers fit.

16. (1) Every person who has been issued a permit shall, within 30 days following the expiration of that permit, furnish a forestry officer with a report respecting

(a) the quantity and species of timber cut in and removed from the designated area to which the permit applied; and

(b) the purpose for which the timber was used.

(2) Where a person fails to furnish a report pursuant to subsection (1), that person shall not be entitled to another permit until that report is furnished to a forestry officer.

PREVENTION OF FIRE

17. A forestry officer may suspend any cutting or removal of timber where such operations constitute a fire hazard.

18. Every permittee shall

(a) exercise strict and constant supervision of cutting and removal operations to prevent fire or, where there is a fire, to prevent the spread of the fire; and

(b) comply with any federal or provincial laws respecting fire prevention applicable to the designated area in which he is conducting cutting and removal operations.

GENERAL

19. All timber cut under the authority of these Regulations remains the property of Her Majesty until such timber is removed from the Gros Morne Forest Experimental Area.