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IMPORTANT INFORMATION |
Part 3 — Disposition of Timber by the Government
Division 1 — Forms of Rights to Crown Timber
11 Subject to the Land Act and the Park Act, rights to harvest Crown timber must not be granted by or on behalf of the government except in accordance with this Act and the regulations.
12 (1) A district manager, a regional manager or the minister may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a
(a) forest licence,
(b) [Repealed 2004-36-4.]
(c) timber licence,
(d) tree farm licence,
(e) community forest agreement,
(f) community salvage licence,
(g) woodlot licence,
(h) licence to cut,
(i) free use permit,
(j) Christmas tree permit, or
(k) road permit.
(2) A timber sales manager may enter on behalf of the government into an agreement granting rights to harvest Crown timber in the form of a
(a) timber sale licence,
(b) forestry licence to cut, or
(c) road permit.
13 (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that
(a) is made by an applicant
(i) who has tendered as required under subsection (2) (b), and
(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (3) (c),
(b) conforms to subsection (3), and
(c) is not rejected under section 81 (3) or refused under section 81 (5).
(2) On request or on the minister's own initiative and by advertising in the prescribed manner, the minister or a person authorized by the minister
(a) may invite applications for a forest licence, and
(b) in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.
(3) An application for a forest licence must
(a) be in the form required by the minister or a person authorized by the minister,
(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7,
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at the licensee's discretion, was not cut and removed, and
(iii) either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered, and
(c) include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to
(i) carry out timber harvesting operations under the licence, or
(ii) perform specified obligations
(A) under the licence, or
(B) in respect of the licence or its holder, under this Act or another enactment.
(4) On receipt of applications and tenders in response to an invitation advertised under subsection (2), the minister or a person authorized by the minister
(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or
(b) may decline to approve any of the eligible applications.
(5) If the applicant referred to in subsection (4) does not enter into a forest licence as required under subsection (6), the minister or a person authorized by the minister
(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or
(b) may decline to approve any of the eligible applications.
(6) If an eligible application is approved under this section, the regional manager and the applicant whose application is approved must enter into a forest licence.
14 A forest licence
(a) must be for a term not exceeding 20 years, subject to sections 15, 16 and 58,
(b) must specify a timber supply area or tree farm licence area in which the holder of the licence may harvest Crown timber,
(c) must specify an allowable annual cut that may be harvested under the licence, subject to sections 15 and 16,
(c.1) if it provides that a replacement for it must not be offered, must specify the maximum volume of timber that may be harvested under the licence,
(d) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7,
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the forest licence, but, at its holder's discretion, is not cut and removed, and
(iii) a bonus bid or bonus offer, whichever is required under section 13, in the amount tendered under that section,
(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the forest licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest the allowable annual cut, from specified areas of land within the timber supply area or tree farm licence area specified in the forest licence,
(f) [Repealed 2003-30-2.]
(g) may make provision for timber to be harvested by persons under contract with its holder,
(g.1) if the licence provides that it is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and
(h) may include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, determined by the regional manager.
14.1 (1) The Lieutenant Governor in Council, by regulation, may
(a) designate Crown land infested by mountain pine beetles as a mountain pine beetle salvage area for a prescribed period, and
(b) repeal or amend a regulation under paragraph (a).
(2) A forest licence that includes all or part of a mountain pine beetle salvage area, in addition to setting out the matters described in section 14, may
(a) require any type of security, including but not limited to money, to be provided and maintained by the holder of the forest licence to ensure
(i) within a specified period or according to a required schedule of construction, or both, the construction or expansion of a timber processing facility that conforms to specified requirements, and
(ii) the reforestation of areas described in the licence by reference to one or more of geographic location, type of timber and type of terrain,
(A) at a rate of reforestation, and
(B) over a period
specified in the licence,
(b) specify one or more of the following:
(i) the type of security that is acceptable or unacceptable;
(ii) the form and content of the security;
(iii) the circumstances under which the security may be realized;
(iv) respecting the distribution of the realized security,
(c) provide that its holder may not harvest under the licence until the timber processing facility has been substantially completed to the satisfaction of the minister,
(d) require timber harvesting under the licence to be restricted to only a portion of a timber supply area, and
(e) include other terms and conditions that the minister considers are necessary or desirable in relation to mountain pine beetle infestation in the mountain pine beetle salvage area.
(3) If a forest licence referred to in subsection (2)
(a) requires security to be provided and maintained, as described in paragraph (a) of that subsection, and
(b) the holder of the licence has provided the security,
the minister by notice served on the holder may cancel the licence in the circumstances specified under paragraph (b) (iii) of that subsection.
15 (1) In this section, "forest licence" means a forest licence other than one that provides that a replacement for it must not be offered.
(1.1) During the 6 months beginning on any of the fourth to eighth anniversaries of a forest licence, the minister or a person authorized by the minister may offer the holder of the forest licence a replacement for it, after first giving the holder at least
(1.2) During the 6 months beginning on the ninth anniversary of a forest licence for which a replacement has not by then been offered under subsection (1.1), the minister or a person authorized by the minister must offer the holder of the forest licence a replacement for it.
(2) Despite subsection (1), if the minister or a person authorized by the minister determines that
(a) rights under the existing forest licence are under suspension, or
(b) the holder of the existing forest licence has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the forest licence or a road permit associated with the forest licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest and Range Practices Act or the regulations made under that Act in respect of the forest licence or a road permit associated with the forest licence,
(iii) perform an obligation under the forest licence to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the forest licence, or
(B) a road permit associated with the forest licence, or
(iv) comply with a requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii),
the minister or a person authorized by the minister, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing forest licence until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the holder of the existing forest licence
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the existing forest licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and
(d) may offer a replacement with special conditions.
(3) A forest licence offered under this section must
(a) have a term beginning
(i) on the earlier of
(A) the next anniversary of the existing forest licence being replaced under the offer, and
(B) the tenth anniversary of the existing forest licence being replaced under the offer, or
(ii) if the minister or a person authorized by the minister exercises the power conferred under subsection (2) (c), on a date to be determined by the minister or a person authorized by the minister,
(b) be for a term equal to
(i) 15 years, or
(ii) if the minister or a person authorized by the minister exercises the power conferred under subsection (2) (c), a period, not exceeding the period referred to in subparagraph (i), to be determined by the minister or a person authorized by the minister,
(c) specify the timber supply area specified in the existing forest licence,
(d) subject to takings, reductions and deletions authorized or required under this Act, specify an allowable annual cut that may be harvested under it equal to the allowable annual cut under the existing forest licence, and
(e) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, set out in the offer.
(4) A notice of an offer of replacement made under subsection (1.1) or (1.2) and a notice of intent referred to in subsection (1.1) must be published in the prescribed manner.
(5) An offer made under this section may be
(a) amended, and
(b) accepted by written notice of acceptance served on the regional manager not later than 3 months after the offer is served.
(6) If an offer made under this section is accepted
(a) an agreement in the form of a forest licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager and the holder of the forest licence, and
(b) the forest licence then in force expires on the commencement of the replacement licence.
(7) If an offer made under this section is not accepted, the existing forest licence continues in force until its term expires, after which it has no further effect.
(8) No forest licence is renewable.
15.1 (1) If an offer of a replacement for a forest licence
(a) was required to be made under section 15 within the 18 month period immediately preceding the date on which this section comes into force, and
(b) was not made within the 18 month period,
the offer of replacement, when made, must conform to section 15 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.
(2) If an offer of a replacement for a forest licence
(a) was required to be made under section 15 within the 18 month period immediately preceding the date on which this section comes into force, and
(b) was made within this 18 month period,
the offer may be withdrawn if the person to whom the offer was made consents to the withdrawal of the offer.
(3) If an offer is withdrawn under subsection (2), the minister or person authorized by the minister must offer a replacement for the forest licence
16 (1) The holder of one or more tree farm licences or of any number of both tree farm licences and forest licences may apply to the minister to surrender all or part of them for replacement under
(a) subsection (2), by one or more forest licences, or
(b) subsections (2) and (3), by a combination of one or more tree farm licences and one or more forest licences.
(2) If the minister has approved an application under subsection (1), the regional manager, in respect of the surrendered licences or surrendered portions of them, must enter with their holder into one or more forest licences
(a) for a term of 15 years,
(b) that specify one or more timber supply areas within which the holder may harvest Crown timber, and
(c) that, in total, specify an allowable annual cut equal to the total, or a lesser portion of the total that the regional manager and the holder agree on, of
(i) the allowable annual cuts specified in the surrendered forest licences, plus increases and minus decreases, if any, in the allowable annual cuts made by the government since they were entered into, and
(ii) the portion of the allowable annual cuts available to the tree farm licence holder at the time of the surrender that the chief forester determines is attributable to the Crown land in the portions of the tree farm licences that are surrendered and on which the timber is not otherwise encumbered.
(3) If part of a tree farm licence is surrendered under subsection (1), the minister, in respect of the portion that is not surrendered, must enter with the holder into a new tree farm licence.
(4) The minister must not enter into a new tree farm licence under subsection (3) until the chief forester approves a management plan for the proposed tree farm licence.
(5) A notice of the surrender and proposed replacement under subsection (1) must be published in the prescribed manner.
(6) [Repealed 2004-36-6.]
18 With the approval of the minister and the consent of the holder of a forest licence, all or part of the cutting rights authorized under the forest licence may be transferred from one timber supply area to another for a term specified by the minister.
19 (1) In this section, "minister" includes a person authorized by the minister.
(2) Subject to this section, the minister, by one or more of the methods set out in subsection (5), may
(a) replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or
(b) amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area,
if the minister first receives the consent of the holder of the licences or licence.
(3) Subject to this section, the minister, by a method or combination of methods under subsection (5), must
(a) replace 2 or more forest licences held by the same person for the same timber supply area with one of those forest licences or a new forest licence held by that person for that timber supply area, or
(b) amend a single forest licence held by a person for a timber supply area and enter into one or more forest licences held by that person for that timber supply area,
if the holder requests the replacement or amendment by written request delivered to the minister.
(4) The minister may refuse to replace or amend, under subsection (3), one or more forest licences if the minister considers that the replacement or amendment would compromise forest management.
(5) For the purposes of subsections (2) and (3), the methods are as follows:
(a) reducing the allowable annual cut specified in a forest licence and increasing the allowable annual cut for one or more other forest licences by a volume equal to the reduction;
(b) amending or cancelling a forest licence;
(c) entering into one or more forest licences.
(6) In making a replacement or amendment referred to in subsection (2) or (3), the minister must ensure that the total of the allowable annual cuts, after the replacements, amendments or both, of all of the forest licences involved remains the same as it was before any replacements or amendments under this section.
(7) A forest licence as defined
(a) in paragraph (a) of the definition of "licence" in section 75.4 (1), or
(b) in section 75.5
may not be replaced under subsection (2) or (3) except with a forest licence that is also a forest licence as defined
(c) in paragraph (a) of the definition of "licence" in section 75.4 (1), or
(d) in section 75.5.
(8) A replaceable forest licence may not be replaced under subsection (2) or (3) except with a forest licence that is also replaceable.
(9) A forest licence that provides that a replacement for the forest licence must not be offered may not be replaced under subsection (2) or (3) except with a forest licence that also provides that a replacement for it must not be offered.
(10) Despite section 14 (a), a forest licence that is amended or entered into under this section must not expire later than the earliest expiry date of the forest licence it replaces or amends.
Division 3 — Timber Sale Licences
20 (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (2) that
(a) is made by an applicant who has tendered as required under subsection (2) (b),
(b) conforms to subsection (3), and
(c) is not rejected under section 81 (3) or refused under section 81 (5).
(2) On request or on his or her own initiative and by advertising in the prescribed manner, the timber sales manager
(a) may invite applications for a timber sale licence, and
(b) in doing so,
(i) may specify that applications for the timber sale licence are to be accepted only from one or more categories of BC timber sales enterprises as established by regulation, and
(ii) must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.
(3) An application for a timber sale licence must
(a) be in the form required
(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7,
(ii) if the timber sale licence will describe one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at the licensee's discretion, is not cut and removed, and
(iii) either a bonus bid or bonus offer, whichever is required under subsection (2), in the amount tendered.
(4) On receipt of applications and tenders in response to an invitation advertised under subsection (2), the timber sales manager
(a) must approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or
(b) at the direction of the minister, must decline to approve any of the eligible applications.
(5) If the applicant referred to in subsection (4) does not enter into a timber sale licence as required under subsection (6), the timber sales manager
(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or
(b) may decline to approve any of the eligible applications.
(6) If an eligible application is approved under this section, the timber sales manager and the applicant whose application is approved must enter into a timber sale licence.
22 A timber sale licence
(a) must be for a term not exceeding 4 years,
(b) must describe
(i) one or more areas of land within which its holder may harvest Crown timber, or
(ii) the location of logs that are being sold,
(c) may specify a volume or an estimate of the volume of timber that may be harvested from an area of land described in the timber sale licence,
(d) [Repealed 2004-36-9.]
(e) may include provisions specifying one or more standard making bodies and requiring the holder of the licence to conduct its operations under the licence in accordance with principles, standards and criteria established by the standard making body or bodies,
(f) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7,
(ii) if the timber sale licence describes one or more areas of land within which its holder may harvest Crown timber, waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber sale licence, but, at its holder's discretion, is not cut and removed, and
(iii) a bonus bid or bonus offer, whichever is required under section 20, in the amount tendered under that section, and
(g) may include other terms and conditions, consistent with this Act and the regulations, determined by the timber sales manager.
Division 3.1 — Conversion of Timber Sale Licences
24.1 In this Division, "pre-existing licence" means a timber sale licence that
(a) was entered into under section 24 of this Act before that section's repeal by the Forest (Revitalization) Amendment Act (No. 2), 2003, and
(b) is still in effect immediately before that repeal.
24.2 On the coming into force of this section, a pre-existing licence that has an allowable annual cut greater than 10 000 m3 is converted into a replaceable forest licence that
(a) is held by the same person who was the holder of the pre-existing licence,
(b) has a term of 15 years beginning on the date this section comes into force,
(c) specifies the same timber supply area as did the pre-existing licence, and
(d) includes other terms and conditions that are substantially the same as in the pre-existing licence.
24.3 (1) In this section, "replaceable forest licence" includes one resulting from the conversion under section 24.2 of a pre-existing licence.
(2) If, on the coming into force of this section, a person
(a) holds any replaceable forest licence and one or more pre-existing licences, and
(b) the pre-existing licence or each of them, if more than one, has an allowable annual cut of 10 000 m3 or less and authorizes harvesting within the same timber supply area specified in the replaceable forest licence,
the replaceable forest licence is amended, effective on the date this section comes into force, by increasing its allowable annual cut by an amount equal to
(c) the allowable annual cut of the pre-existing licence described in paragraph (b), if the person holds only one such pre-existing licence, or
(d) the total of the allowable annual cuts of the pre-existing licences described in paragraph (b), if the person holds more than one such pre-existing licence.
(3) A pre-existing licence to which subsection (2) applies is deemed to have been surrendered on the coming into force of this section.
24.4 (1) In this section, "forest licence" includes one resulting from the conversion under section 24.2 of a pre-existing licence.
(2) If, after the coming into force of this section, a person
(a) holds any non-replaceable forest licence and one or more pre-existing licences,
(b) does not hold any replaceable forest licence in the timber supply area specified in the non-replaceable forest licence, and
(c) the pre-existing licence or each of them, if more than one, authorize harvesting within the same timber supply area specified in the non-replaceable forest licence,
the non-replaceable forest licence, on application by its holder within one year after the coming into force of this section, must be amended by the regional manager by increasing its allowable annual cut by an amount equal to
(d) the allowable annual cut of the pre-existing licence referred to in paragraph (c), if the person holds only one such pre-existing licence, or
(e) the total of the allowable annual cuts of the pre-existing licences referred to in paragraph (c), if the person holds more than one such pre-existing licence.
(3) If, after the coming into force of this section, a person
(a) holds a forest licence and one or more pre-existing licences,
(b) the pre-existing licence or each of them, if more than one, authorizes harvesting within a different timber supply area than the one specified in forest licence, and
(c) the regional manager determines that there is sufficient timber available in the timber supply area specified in the forest licence,
the forest licence, on application by its holder within one year after the coming into force of this section, must be amended by the regional manager by increasing its allowable annual cut by an amount equal to
(d) the allowable annual cut of the pre-existing licence described in paragraph (b), if the person holds only one such pre-existing licence, or
(e) the total of the allowable annual cuts of the pre-existing licences described in paragraph (b), if the person holds more than one such pre-existing licence.
(4) A pre-existing licence to which subsection (2) or (3) applies is deemed to have been surrendered on the date of the allowable annual cut increase under subsection (2) or (3).
24.5 (1) If, after the coming into force of this section,
(a) a person holds
(i) one or more pre-existing licences, and
(ii) a woodlot licence, and
(b) the regional manager or district manager determines that there is available Crown land that can reasonably be included in the woodlot licence area,
the woodlot licence, on application by its holder within one year after the coming into force of this section, must be amended by the regional manager or district manager by adding to its area a part of the available Crown land referred to in paragraph (b) that is sufficient to increase the allowable annual cut of the woodlot licence by an amount that is equal to at least 80% but not more than 120% of
(c) the allowable annual cut of the pre-existing licence referred to in paragraph (a), if the person holds only one such pre-existing licence, or
(d) the total of the allowable annual cuts of the pre-existing licences referred to in paragraph (a), if the person holds more than one such pre-existing licence.
(2) A pre-existing licence to which subsection (1) applies is deemed to have been surrendered on the date of the allowable annual cut increase under subsection (1).
(3) Section 45 (1) (b) (ii) does not apply to a woodlot licence amended under subsection (1) of this section.
24.6 (1) In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any, that pertain to the same timber supply area.
(2) If, after the coming into force of this section, a person
(a) holds a pre-existing licence that has an allowable annual cut of 2 000 m3 or more, and
(b) the regional manager receives an application from the holder within one year after this section comes into force to surrender the pre-existing licence for a replaceable forest licence,
the regional manager, subject to subsection (3), must enter into a replaceable forest licence with the holder of the pre-existing licence, which replaceable forest licence
(c) is held by the same person who was the holder of the pre-existing licence,
(d) has a term of 15 years beginning on the date the application is received by the regional manager,
(e) specifies the same timber supply area as did the pre-existing licence,
(f) specifies an allowable annual cut that is the same as the allowable annual cut of the pre-existing licence, and
(g) includes other terms and conditions that are substantially the same as in the pre-existing licence.
(3) The regional manager must not enter into a forest licence under this section until the holder of the pre-existing licence surrenders the pre-existing licence.
24.7 (1) In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences, if any.
(2) Subject to subsection (3), if after the coming into force of this section,
(a) a person holds a pre-existing licence that has an allowable annual cut of at least 800 m3 but not more than 2 500 m3, and
(b) the regional manager or district manager determines that there is available Crown land that can reasonably be included in any woodlot licence area,
on application by its holder received by the regional manager or district manager within one year after the coming into force of this section, the regional manager or district manager must enter into a woodlot licence with the holder of the pre-existing licence, which woodlot licence
(c) has a term not exceeding 20 years,
(d) describes a woodlot licence area comprised of all or part of the available Crown land referred to in paragraph (b) that is sufficient to support an allowable annual cut for the woodlot licence that is equal to at least 80% but not more than 120% of the allowable annual cut of the pre-existing licence,
(e) specifies an allowable annual cut within the range described in paragraph (d), and
(f) includes other terms and conditions, consistent with this Act and the regulations, determined by the regional manager or district manager.
(3) The regional manager or district manager must not enter into a woodlot licence under this section unless
(a) the holder of the pre-existing licence meets the criteria specified in section 44 (5) and (6) (b) and either section 44 (6) (a) or 46.1, as applicable,
(b) the regional manager or district manager is satisfied that the holder of the pre-existing licence is qualified to manage the proposed woodlot licence area,
(c) a management plan has been prepared by the holder of the pre-existing licence for the proposed woodlot licence area and approved by the regional manager or district manager or the designate of the regional manager or district manager, and
(d) the holder surrenders the pre-existing licence.
(4) Section 45 (1) (b) (ii) does not apply to a woodlot licence entered into under this section.
24.8 (1) In this section, "pre-existing licence", in relation to the holder of it, includes that holder's other pre-existing licences,
(2) If, after the coming into force of this section, a person
(a) holds a pre-existing licence, and
(b) the regional manager receives an application from the holder within one year after this section comes into force to surrender the pre-existing licence for a forestry licence to cut,
the regional manager must enter into a forestry licence to cut with the holder of the pre-existing licence, which forestry licence to cut
(c) is held by the same person who was the holder of the pre-existing licence,
(d) has a term of 5 years beginning on the date the forestry licence to cut is entered into,
(e) specifies a volume of timber that
(i) may be harvested from the area of land described in the forestry licence to cut that is in the same timber supply area to which the pre-existing licence pertains, and
(ii) is equal to a volume of timber that is the sum of the allowable annual cuts of the pre-existing licence for the period ending December 31, 2021, and
(f) includes other terms and conditions that are substantially the same as in the pre-existing licence.
(3) The regional manager must not enter into forestry licence to cut under this section until the holder of the pre-existing licence surrenders the pre-existing licence.
24.9 (1) In this section, "pre-existing licence" means a pre-existing licence to which sections 24.2 to 24.8 do not apply and, in relation to the holder of it, includes that holder's other pre-existing licences, if any, in the same timber supply area.
(2) One year after the coming into force of this section, a pre-existing licence is converted into a forestry licence to cut that
(a) has a term of equal to the unexpired portion of the term of the pre-existing licence,
(b) describes an area of land within which its holder may harvest timber that is the same timber supply area to which the pre-existing licence pertains,
(c) specifies a volume of timber that may be harvested under the forestry licence to cut that is equal to a volume of timber that is the sum of the allowable annual cuts of the pre-existing licence for the unexpired portion of its term, and
(d) includes other terms and conditions that are substantially the same as in the pre-existing licence.
(3) A pre-existing licence to which subsection (2) applies is deemed to have been surrendered on the date it is converted into a forestry licence to cut.
24.91 Compensation is not payable by the government and proceedings must not be commenced or maintained to claim compensation from the government or to obtain a declaration that compensation is payable by the government in respect of
(a) the enactment of this Division, or
(b) obligations, including silviculture and other forest management obligations imposed under the Forest Practices Code of British Columbia Act or the Forest and Range Practices Act, that apply to an agreement resulting from or entered into under this section.
Division 4 — Forest Licence Area Restriction
25 (1) Subject to subsection (2), the minister may
(a) direct that the right to harvest timber under a
(b) amend the forest licence to give effect to the direction.
(2) The minister must not give a direction under subsection (1) transferring the right to harvest timber under a forest licence from one timber supply area to an adjacent timber supply area, unless
(a) the boundaries between the timber supply area specified in the forest licence and the adjacent timber supply area have been changed under this Act,
(b) the minister is satisfied that the change in boundaries increased the area of the adjacent timber supply area to a size sufficient to support the transferred right to harvest timber, and
(c) the holder of the forest licence consents.
26 (1) In this section, "original licence" means a forest licence that is the subject of an order under subsection (2).
(2) If a timber supply area has been divided under section 7 (b), the minister may order that the allowable annual cut under a forest licence
(a) be fully allocated to one of the timber supply areas resulting from the division, or
(b) be allocated, in the proportions specified in the order, between or among 2 or more of the timber supply areas resulting from the division.
(3) If an order is made under subsection (2), the regional manager, in accordance with subsection (4), must issue to the holder of the original licence one or more forest licences in substitution for the original licence.
(4) A forest licence issued under subsection (3)
(a) must specify one of the timber supply areas resulting from the division and authorize an allowable annual cut as necessary to give effect to the order of the minister under subsection (2),
(b) [Repealed 2003-31-18.]
(c) must specify a term that expires on the expiry date of the original licence,
(d) is replaceable on the same terms and conditions as the original licence, if the original licence is replaceable under section 15, and in that case, for the purpose of determining the obligations pertaining to replaceability under the new licence, the new licence is deemed to have been issued at the same time as the original licence, and
(e) subject to subsection (5), must otherwise be on the same terms and conditions as the original licence.
(5) After giving the holder of the original licence an opportunity to be heard, the regional manager, at the time of issuing a licence under subsection (3), may include in it terms and conditions that vary from those in the original licence to the extent only that the regional manager considers necessary in order to take into account the allocation referred to in subsection (2).
(6) to (8) [Repealed 2003-31-18.]
27 If a tree farm licence expires or otherwise terminates and is not replaced under section 36, a timber licence that is then in the tree farm licence area
(a) expires one year after the expiry or termination of the tree farm licence, and
(b) may be replaced by a timber licence under section 28.
28 (1) A person who holds a timber licence that is due to expire under section 27 (a) may submit to the regional manager, within 6 months after expiry or termination of the tree farm licence, a schedule proposing a time and a sequence for the orderly harvesting of the merchantable timber that is subject to the licence.
(2) After considering a schedule proposed under subsection (1), the regional manager, in a notice served on its holder within 3 months after receiving the schedule, must offer to the holder one or more timber licences that, subject to section 74,
(a) describe the Crown land subject to the timber licence, and
(b) expire on a date specified in the timber licence by the regional manager.
(3) The offer may be accepted by written notice served on the regional manager not later than 3 months after it is made.
(4) If the offer is accepted, the regional manager and the holder must enter into an agreement in the form of a timber licence.
(5) A notice of an offer made under subsection (3) must be published in the prescribed manner.
29 If the regional manager considers that efficient forest planning and management would be served, he or she must enter into one timber licence under section 28 (4) for 2 or more timber licences.
29.1 (1) With the consent of the holder of a timber licence, the regional manager may consolidate 2 or more timber licences into a timber licence and, to achieve the consolidation, may do any of the following:
(a) partition or subdivide a timber licence into 2 or more timber licences;
(b) delete all or part of the licence area from a timber licence and add the deleted area to the licence area of another timber licence;
(c) cancel a timber licence if the area covered by the licence has been added to the licence area in another timber licence;
(d) amend a timber licence;
(e) enter into one or more timber licences covering the same land as was covered in the licences being consolidated, subdivided or partitioned.
(2) A timber licence that is amended or entered into under this section must not expire later than the latest expiry date of the timber licences it replaces or amends.
30 A timber licence must
(a) describe an area of Crown land over which it is to apply,
(b) be for a term determined under this Division,
(c) grant to its holder the exclusive right during its term to harvest all merchantable timber in the area of Crown land described in it,
(d) if the timber licence is in a tree farm licence area, require its holder to harvest timber in accordance with the tree farm licence and the management plan approved under it,
(e) provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the timber licence and subject to this Act and the Forest and Range Practices Act, to authorize the holder of the timber licence to harvest Crown timber from specified areas of land within the area of Crown land described in the timber licence,
(f) require its holder to pay the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7, and
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the timber licence, but at its holder's discretion, is not cut and removed, and
(g) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, determined by the regional manager.
31 On application of the holder of a timber licence, the regional manager may extend the term of the licence for a period not exceeding 3 years if the licence is in effect on the date on which the Forests Statutes Amendment Act, 2004 receives first reading and the application is made
(a) before the expiration of the term, or
(b) despite the expiration of the term, if the term expires on or after the date on which the Forests Statutes Amendment Act, 2004 receives first reading and before the elapse of 60 days after the coming into force of this section.
32 (1) Unless a timber licence is in a tree farm licence area, if the minister determines that all or any part of the area of land that is subject to the licence is needed for a purpose other than timber production, the minister, in a notice served on the holder of the licence, may require that the merchantable timber on that area or that part be harvested within the time specified in the notice.
(2) On the expiry of the specified time, or of an extension of that time granted by the minister, the minister may delete from the licence the area of land described in the notice.
Division 6 — Tree Farm Licences
33 (1) In this section, "eligible application" means an application made in response to an invitation for applications under subsection (4) that
(a) is made by an applicant
(i) who has tendered as required under subsection (5) (b), and
(ii) whom the minister or a person authorized by the minister considers to be qualified to perform the obligations specified under subsection (5) (c),
(b) conforms to subsection (5), and
(c) is not rejected under section 81 (3) or refused under section 81 (5).
(2) On request or on the minister's own initiative, the minister or a person authorized by the minister may
(a) convene a public hearing in which any person may make a submission as to whether or not a specified area should become a tree farm licence area, and
(b) determine the procedures for the public hearing.
(3) After a public hearing under subsection (2),
(a) the minister must
(i) review the submissions made during the hearing and any other information he or she considers relevant, and
(ii) recommend to the Lieutenant Governor in Council whether or not the specified area referred to in subsection (2) (a) should become a tree farm licence area, and
(b) on receiving the recommendation of the minister, the Lieutenant Governor in Council, by order, may
(i) authorize the minister to invite applications for a tree farm licence for all or part of the specified area, or
(ii) decline to do so.
(4) If the minister receives authorization under subsection (3) (b) (i), he or she, by advertising in the prescribed manner,
(a) may invite applications for a tree farm licence, and
(b) in doing so, must require that the applicant by written tender in a sealed container propose only a bonus bid or only a bonus offer.
(5) An application for a tree farm licence must
(a) be in the form specified by the minister,
(b) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7,
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the tree farm licence, but, at the licensee's discretion, is not cut and removed, and
(iii) either a bonus bid or bonus offer, whichever is required under subsection (4), in the amount tendered, and
(c) include any information that the minister or a person authorized by the minister may require about the applicants' qualifications to
(i) carry out timber harvesting operations under the licence, or
(ii) perform specified obligations
(A) under the licence, or
(B) in respect of the licence or its holder, under this Act or another enactment.
(6) On receipt of applications and tenders in response to an invitation advertised under subsection (4), the minister
(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the highest of those tendered by all applicants with eligible applications, or
(b) may decline to approve any of the eligible applications.
(7) If the applicant referred to in subsection (6) does not enter into a tree farm licence as required under subsection (8), the minister
(a) may approve the eligible application of the applicant whose proposed bonus bid or bonus offer is the next highest of those tendered by all applicants with eligible applications, or
(b) may decline to approve any of the eligible applications.
(8) Subject to subsection (10), if an eligible application is approved under this section, the minister and the applicant whose application is approved must enter into a tree farm licence.
(9) The minister may reserve from disposition under this Act the timber in an area that is the subject of a public hearing convened under subsection (2) or described in the advertising referred to in subsection (4), pending the entering into of an agreement in the form of a tree farm licence or the rejection of all applications submitted under this section.
(10) The minister must not enter into a tree farm licence under this section until the chief forester approves a management plan for the proposed tree farm licence area.
35 (1) A tree farm licence must
(a) subject to section 36 (3) (a), be for a term of 25 years,
(b) subject to sections 33 and 39, describe a tree farm licence area, determined by the minister or a person authorized by the minister, comprising Crown land, the timber on which is unencumbered except by the licence, and if the area includes
(i) private land, or
(ii) Crown land subject to a timber licence
also comprising that land,
(c) require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7 for timber harvested under the tree farm licence on Crown land or under a timber licence on Crown land in the tree farm licence area,
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the tree farm licence or timber licence, but, at the licensee's discretion, is not cut and removed, and
(iii) a bonus bid or bonus offer, whichever is required under section 33, in the amount tendered under that section,
(d) require its holder to submit for the approval of the chief forester, once every 5 years, or more often if the chief forester considers that special circumstances require, a management plan that meets all the following requirements:
(i) it is prepared by a professional forester in accordance with the requirements of the tree farm licence,
(ii) it includes inventories, prepared in the manner, presented in the format and meeting the specifications required under the tree farm licence, of the forest, recreation, fisheries, wildlife, range and cultural heritage resources in the tree farm licence area,
(iii) it is consistent with
(A) the tree farm licence,
(B) this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, and
(C) any applicable objectives set by government under the Forest and Range Practices Act,
(iv) it proposes management objectives regarding
(A) management and utilization of the timber resources in the tree farm licence area, including harvesting methods and utilization specifications suitable to the types of timber and terrain specified in the tree farm licence,
(B) protection and conservation of the non-timber values and resources in the tree farm licence area, including visual quality, biological diversity, soils, water, recreation resources, cultural heritage resources, range land and wildlife and fish habitats,
(C) integration of harvesting activities in the tree farm licence area with use of the area for purposes other than timber production,
(D) forest fire prevention and suppression,
(E) forest health, including pest management,
(F) silviculture, and
(G) road construction, maintenance and deactivation,
(v) it includes proposals for meeting the proposed management objectives under subparagraph (iv), including measures to be taken, and specifications to be followed by the holder of the tree farm licence,
(vi) it specifies measures to be taken by the holder of the tree farm licence to identify and consult with persons using the tree farm licence area for purposes other than timber production,
(vii) it includes a timber supply analysis, prepared in the manner, presented in the format and meeting the specifications required under the tree farm licence, that analyzes the short term and long term availability of timber for harvesting in the tree farm licence area, including the impact of management practices on the availability of timber,
(viii) it includes an operational timber supply projection for the tree farm licence area that, in support of the timber supply analysis, indicates the availability of timber by
(A) identifying
(I) the net operable land base,
(II) harvested areas,
(III) existing and proposed road access within the net operable land base, and
(IV) areas subject to special management constraints, such as use of the tree farm licence areas for purposes other than timber production,
(B) categorizing areas within the net operable land base by
(I) the type and quality of timber, and
(II) the harvesting method suitable to the terrain, and
(C) setting out a hypothetical sequence of harvesting over a period of at least 20 years, consistent with the proposed management objectives under subparagraph (iv), and the proposals under subparagraph (v), and
(ix) it includes any other information on the development, management and use of the tree farm licence area that the chief forester requires,
(e) subject to the provisions of this Act, grant to its holder the exclusive right to harvest from the tree farm licence area during the term of the tree farm licence one or both of the following:
(i) Crown timber of one or more types specified in the tree farm licence,
(ii) Crown timber from one or more types of terrain specified in the tree farm licence,
(f) provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the tree farm licence and subject to this Act and the Forest and Range Practices Act to authorize its holder to harvest the portion of the allowable annual cut available to its holder from specified areas of land within the tree farm licence area,
(g) require its holder to implement management plans approved under this section,
(h) require that timber on the tree farm licence area, in an amount directed by the minister, having regard to reservations made by the minister for
(i) BC timber sales enterprises,
(ii) pulpwood agreements, or
(iii) woodlot licences,
is to be available for disposition under
(iv) forest licences, timber sale licences or forestry licences to cut, or
(v) Division 7 or 8 of this Part
to persons other than the holder of the tree farm licence,
(i) make provision for its holder to use the services of one or more professional foresters to manage the tree farm licence area,
(j) require that each year during its term a volume of timber not less than
(i) 50% of the volume of timber harvested by or for its holder from the tree farm licence area during the year, multiplied by
(ii) the result obtained by the division of
(A) the portion of the allowable annual cut available to its holder during that year that the chief forester determines is attributable to Crown land referred to in paragraph (b) (i) and sections 37 (1) and 38, by
(B) the allowable annual cut available to its holder during that year
are to be harvested by persons under contract with its holder,
(k) allow its holder to contract for the harvesting of more than the volume calculated under paragraph (j),
(l) provide that the minister, under the regulations, may relieve the holder, in whole or in part, from the requirement under paragraph (j),
(m) [Repealed 2003-30-2.]
(n) reserve to the government the right to enter into a free use permit on the tree farm licence area with a person other than the holder of the tree farm licence, and
(o) contain other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, determined by the minister.
(2) A disposition of timber under Division 3 or 7 of this Part pursuant to this section, or pursuant to a requirement referred to in subsection (1) (h), does not give rise to any right to or eligibility for compensation under this Act or otherwise.
35.1 (1) In this section, "recreation resources" has the same meaning as it has in the Forest and Range Practices Act.
(2) If, having regard to the factors listed in subsection (5), the chief forester determines that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area, the chief forester may give a notice to the holder of the licence requiring the holder of the licence to compile and submit the inventories set out in the notice.
(3) The notice given under subsection (2) may specify the following requirements:
(a) the manner in which the inventories are prepared;
(b) the format in which the inventories are presented;
(c) the specifications the inventories must meet;
(d) the date the inventories must be submitted to the chief forester.
(4) In addition to compiling any inventories required under the management plan, the holder of the tree farm licence must compile and submit the inventories required in the notice given under subsection (2) and comply with any requirements referred to in subsection (3) that are set out in the notice.
(5) The chief forester may determine that a management plan for a tree farm licence does not satisfactorily provide for an inventory of the forest, recreation and cultural heritage resources of the tree farm licence area if, in the opinion of the chief forester, inventories prepared in accordance with the management plan would not provide sufficient information to adequately
(a) establish and carry out objectives set by government,
(b) prepare and carry out operational plans,
(c) manage and conserve the forest, recreation and cultural heritage resources of the tree farm licence area, and
(d) assess the impact that managing the resources referred to in paragraph (c) would have on the timber supply for the tree farm licence area.
36 (1) In this section, "tree farm licence" means a tree farm licence other than one that provides that a replacement for it must not be offered.
(1.1) During the 6 months beginning on any of the fourth to eighth anniversaries of a tree farm licence, the minister may offer the holder of the tree farm licence a replacement for it, after first giving the holder at least
(1.2) During the 6 months beginning on the ninth anniversary of a tree farm licence for which a replacement has not by then been offered under subsection (1.1), the minister must offer the holder of the tree farm licence a replacement for it.
(2) Despite subsection (1), if the minister determines that
(a) rights under the existing tree farm licence are under suspension, or
(b) the holder of the existing tree farm licence has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the tree farm licence or a road permit associated with the tree farm licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest and Range Practices Act or the regulations made under that Act in respect of the tree farm licence or a road permit associated with the tree farm licence,
(iii) perform an obligation under the tree farm licence to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the tree farm licence, or
(B) a road permit associated with the tree farm licence, or
(iv) comply with a requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii),
the minister, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing tree farm licence until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the holder of the existing tree farm licence
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the existing tree farm licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and
(d) may offer a replacement with special conditions.
(3) A tree farm licence offered under this section must
(a) be for a term equal to
(i) 25 years, or
(ii) if the minister exercises the power conferred under subsection (2) (c), a period, not exceeding 25 years, to be determined by the minister,
(b) have a term beginning
(i) on the earlier of
(A) the next anniversary of the tree farm licence being replaced under the offer, and
(B) the tenth anniversary of the tree farm licence, or
(ii) if the minister exercises the power conferred under subsection (2) (c), on a date to be determined by the minister,
(c) subject to sections 37, 38, 39 and 60, describe as a tree farm licence area the area subject to the existing tree farm licence, and
(d) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, set out in the offer.
(4) A notice of an offer made under subsection (1.1) or (1.2), and a notice of intent referred to in subsection (1.1), must be published in the prescribed manner.
(5) An offer made under this section may
(a) be amended, and
(b) be accepted by written notice of acceptance served on the minister not later than 3 months after the offer is served.
(6) If an offer made under this section is accepted
(a) an agreement in the form of a tree farm licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the minister and the holder of the tree farm licence, and
(b) the existing tree farm licence expires on the commencement of the replacement licence.
(7) If an offer made under this section is not accepted, the existing tree farm licence continues in force until its term expires, after which it has no further effect.
(8) No tree farm licence is renewable.
36.1 (1) If an offer of a replacement for a tree farm licence
(a) was required to be made under section 36 within the 18 month period immediately preceding the date on which this section comes into force, and
(b) was not made within the 18 month period,
the offer of replacement, when made, must conform to section 36 of this Act as amended by the Forest (Revitalization) Amendment Act (No. 2), 2003.
(2) If an offer of a replacement for a tree farm licence
(a) was required to be made under section 36 within the 18 month period immediately preceding the date on which this section comes into force, and
(b) was made within the 18 month period,
the offer may be withdrawn if the person to whom the offer was made consents to the withdrawal of the offer.
(3) If an offer is withdrawn under subsection (2), the minister or person authorized by the minister must offer a replacement for the tree farm licence
37 (1) On the expiry of a timber licence that is held by the holder of a tree farm licence and that is in the tree farm licence area, the land that was subject to the timber licence remains in the tree farm licence area and continues to be subject to its provisions.
(2) and (3) [Repealed 2003-31-25.]
38 Private land that is transferred to the government remains subject to a tree farm licence if the private land is in the tree farm licence area.
39 (1) In this section, "minister" includes a person authorized by the minister.
(2) Subject to this section, the minister, by a method or combination of methods under subsection (5), may
(a) replace 2 or more tree farm licences held by the same person with one of those tree farm licences held by that person or a new tree farm licence held by that person, or
(b) amend a single tree farm licence held by a person and enter into one or more tree farm licences held by that person,
if the minister first receives the consent of the holder of the licences or licence.
(3) Subject to this section, the minister, by a method or combination of methods under subsection (5), must
(a) replace 2 or more tree farm licences held by the same person with one of those tree farm licences held by that person or a new tree farm licence held by that person, or
(b) amend a single tree farm licence held by a person and enter into one or more tree farm licences held by that person,
if the holder requests the replacement or amendment by written request delivered to the minister.
(4) The minister may refuse to replace or amend, under subsection (3), one or more tree farm licences if the minister considers that the replacement or amendment would compromise forest management.
(5) For the purposes of subsections (2) and (3), the methods are as follows:
(a) deleting all or part of the licence area from a tree farm licence and adding the deleted area to the licence area of another tree farm licence;
(b) cancelling a tree farm licence if the area covered by the licence has been added to the licence area in another tree farm licence;
(c) amending a tree farm licence;
(d) entering into one or more tree farm licences covering the same land as was covered in the licences being replaced;
(e) subject to subsection (6), specifying the allowable annual cuts that will apply to areas covered by tree farm licences amended or entered into under this subsection.
(6) In making a replacement or amendment referred to in subsection (2) or (3), the minister must ensure that the total of the allowable annual cuts, after the replacements, amendments or both, of all of the tree farm licences involved remains the same as it was before any replacements or amendments under this section.
(7) A tree farm licence as defined in paragraph (c) of the definition of "licence" in section 75.4 (1) may not be replaced under subsection (2) or (3) except with a tree farm licence that is
(8) Despite section 35 (1) (a), a tree farm licence that is amended or entered into under this section must not expire later than the earliest expiry date of the tree farm licences it replaces or amends.
39.1 (1) The minister may change the boundary or area of a tree farm licence with the consent of its holder.
(2) The discretion of the minister under subsection (1) includes the discretion to change the boundary or area of the tree farm licence with the consent of its holder by
(a) adding private land of the holder of the tree farm licence to the area of the licence, or
(b) removing private land from the area of the licence.
Division 7 — Pulpwood Agreements
41 (1) A pulpwood agreement must
(a) be for a term not exceeding 25 years,
(b) describe as a pulpwood area the area described in the agreement as it was on April 1, 2003,
(c) require its holder to construct, expand or continue a timber processing facility in accordance with the application for the pulpwood agreement,
(d) require its holder to purchase, as provided in the pulpwood agreement,
(i) wood residue produced by timber processing facilities from timber harvested in the pulpwood area, and
(ii) pulp logs, as defined in the agreement, from the pulpwood area,
(e) grant to its holder the option to obtain from the regional manager or district manager, without advertising or competition from other applicants, forestry licences to cut authorizing the harvest from Crown land in the pulpwood area of a maximum annual volume of timber not exceeding the volume, and according to the terms, specified in the pulpwood agreement,
(f) require that its holder must not exercise an option under paragraph (e) without first complying with the requirement under paragraph (d), and
(g) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, determined by the minister.
(2) This section applies to a pulpwood agreement that
(a) is in effect after the coming into force of this section, and
(b) was entered into before that time.
43 (1) In this section, "minister" includes a person authorized by the minister.
(2) Subject to this section, the minister, by a method or combination of methods under subsection (5), may
(a) replace 2 or more pulpwood agreements held by the same person with one of those pulpwood agreements held by that person or a new pulpwood agreement held by that person, or
(b) amend a single pulpwood agreement held by a person and enter into one or more pulpwood agreements held by that person,
if the minister first receives the consent of the holder of the agreements or agreement.
(3) Subject to this section, the minister, by a method or combination of methods under subsection (5), must
(a) replace 2 or more pulpwood agreements held by the same person with one of those pulpwood agreements held by that person or a new pulpwood agreement held by that person, or
(b) amend a single pulpwood agreement held by a person and enter into one or more pulpwood agreements held by that person,
if the holder requests the replacement or amendment by written request delivered to the minister.
(4) The minister may refuse to replace or amend, under subsection (3), one or more pulpwood agreements if the minister considers that the replacement or amendment would compromise forest management.
(5) For the purposes of subsections (2) and (3), the methods are as follows:
(a) deleting all or part of the area from a pulpwood agreement and adding the deleted area to the area of another pulpwood agreement;
(b) cancelling a pulpwood agreement if the area covered by the agreement has been added to the area in another pulpwood agreement;
(c) amending a pulpwood agreement;
(d) entering into one or more pulpwood agreements covering the same land as was covered in the agreement being replaced.
(6) Despite section 41 (a) a pulpwood agreement that is amended or entered into under this section must not expire later than the earliest expiry date of the pulpwood agreements it replaces or amends.
Division 7.1 — Community Forest Agreements
43.1 In this Division:
"community forest pilot agreement" means a community forest pilot agreement entered into under section 43.5;
"long-term community forest agreement" means a long-term community forest agreement entered into under section 43.4;
"probationary community forest agreement" means a probationary community forest agreement entered into under section 43.2.
43.2 (1) On request or on his or her own initiative the minister or person authorized by the minister, by advertising in the prescribed manner, may invite applications for a probationary community forest agreement.
(2) An application for a probationary community forest agreement must meet prescribed requirements.
(3) A probationary community forest agreement may be entered into only with an applicant that is
(a) a first nation,
(b) a municipality or regional district, or
(c) any of the following if prescribed requirements are met:
(i) a society incorporated under the Society Act;
(ii) an association as defined in the Cooperative Association Act;
(iii) a corporation;
(iv) a partnership.
(4) The minister or a person authorized by the minister must evaluate applications for a probationary community forest agreement in accordance with prescribed requirements.
(5) After evaluating applications under subsection (4), the person who evaluated the applications may
(a) approve an application,
(b) approve an application subject to conditions with which the applicant must comply before the probationary community forest agreement is entered into, or
(c) decline to approve all applications.
(6) If an applicant whose application is approved under subsection (5) does not enter into the probationary community forest agreement, the minister or a person authorized by the minister may
(a) approve the next best application,
(b) approve the next best application subject to conditions with which the applicant must comply before the probationary community forest agreement is entered into, or
(c) refuse to approve any of the applications.
(7) Subject to subsection (8), the regional manager or district manager must enter into probationary community forest agreement with every applicant whose application is approved under subsection (5) or (6).
(8) The regional manager or district manager must not enter into a probationary community forest agreement until a management plan is approved by the regional manager or district manager for the proposed probationary community forest agreement area.
(9) The minister may reserve from disposition under this Act the timber in the area described in the advertising, pending
(a) a probationary community forest agreement being entered into under this section, or
(b) a refusal under subsection (6) to approve any of the applications.
43.3 A community forest agreement
(a) must be for a term
(i) of 5 years if it is a probationary community forest agreement, or
(ii) of not less than 25 years and not more than 99 years if it is a long-term community forest agreement,
(b) must describe a community forest agreement area, determined by the minister or a person authorized by the minister, comprising Crown land and, if the area so determined includes land that is
(i) in a reserve as defined in the Indian Act (Canada), or
(ii) private land
also comprising that land,
(c) subject to this Act and the agreement,
(i) must give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for the term of the agreement, and
(ii) may give to its holder the right to harvest, manage and charge fees for botanical forest products and other prescribed products,
(d) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7 in respect of Crown timber, and
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the community forest agreement, but, at the holder's discretion, is not cut and removed,
(e) must provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the community forest agreement and subject to this Act and the Forest and Range Practices Act, to authorize the holder of the community forest agreement to harvest timber from specified areas of land within the community forest agreement area,
(f) must require its holder to
(i) submit for the approval of the regional manager or the regional manager's designate, at the times specified in the agreement, a management plan that meets the requirements of the community forest agreement, and
(ii) implement management plans approved by the regional manager or the regional manager's designate,
(f.1) may include one or more provisions of Division 3.1 of Part 4 with any variations necessary or desirable to adapt the provision or provisions for the purposes of the agreement,
(g) must require its holder, in accordance with the community forest agreement, to
(i) carry out audits and make and submit reports concerning the holder's performance under the agreement, and
(ii) make information available to the public and carry out consultation activities with the public concerning matters relating to the community forest agreement,
(g.1) if the community forest agreement provides that it is entered into with a first nation or its representative to implement or further an agreement, the "other agreement", between the first nation and the government respecting treaty-related measures, interim measures or economic measures, the community forest agreement must state that it is a condition of the community forest agreement that the first nation comply with the other agreement, and
(h) may include other terms and conditions that the regional manager or regional manager's designate determines are consistent with any proposal made in the application for the community forest agreement, this Act and the regulations, the Forest and Range Practices Act and the regulations and standards under that Act.
43.4 (1) The minister or a person authorized by the minister must assess a probationary community forest agreement at the time and in the manner specified in the regulations.
(2) After the assessment, the minister or a person authorized by the minister may
(a) grant one extension of the term of the probationary community forest agreement for a period not exceeding 5 years,
(b) offer the holder of the probationary community forest agreement a replacement for the agreement in the form of a long-term community forest agreement, or
(c) refuse to offer to replace the probationary community forest agreement.
(3) If
(a) the minister or person authorized by the minister does not grant an extension of the term of, or offer to replace, a probationary community forest agreement, or
(b) an offer to replace the probationary community forest agreement is not accepted
the probationary community forest agreement continues in force until its term expires, after which it has no further effect.
(4) During the 6 month period following the ninth anniversary of a long-term community forest agreement, the minister or a person authorized by the minister must offer the holder a replacement long-term community forest agreement.
(5) A long-term community forest agreement offered under subsection (2) (b) or (4) must
(a) be for a term of not less than 25 years and not more than 99 years, commencing on
(i) in the case of a long-term agreement offered under subsection (2) (b), the expiry of the probationary community forest agreement, or
(ii) in the case of a long-term agreement offered under subsection (4), the tenth anniversary of the existing long-term community forest agreement,
(b) describe as a community forest agreement area the area subject to the existing community forest agreement and any change to the boundary or area made by the minister or person authorized by the minister under subsection (6), and
(c) include other terms and conditions that are set out in the offer and are consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and standards under that Act.
(6) In accordance with the regulations and with the consent of the person to whom a community forest agreement is offered under this section, the minister or a person authorized by the minister, may change the boundary or area in the offered agreement from the boundary or area of the probationary community forest agreement or existing long term community forest agreement, as the case may be.
(7) Notice of an offer made under this section to replace a community forest agreement must be published in the prescribed manner.
(8) An offer made under this section may be
(a) amended, and
(b) accepted by written notice to the minister or a person authorized by the minister, not later than 3 months after the offer is served.
(9) If an offer made under this section is accepted
(a) an agreement in the form of a long-term community forest agreement containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager or the regional manager's designate and the holder of the probationary or long-term community forest agreement, and
(b) the probationary or long-term community forest agreement expires on the commencement of the replacement agreement.
(10) A community forest agreement is not renewable.
43.5 (1) to (3) [Repealed 2004-36-22.]
(4) Section 43.4 applies to a community forest pilot agreement as if the pilot agreement is a probationary community forest agreement.
(5) [Repealed 2004-36-22.]
43.51 (1) The minister, without accepting applications from other persons, may direct the regional manager or district manager to enter into a probationary community forest agreement if
(a) the probationary community forest agreement provides that it is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, or
(b) the probationary community forest agreement is entered into under prescribed circumstances or its holder meets prescribed requirements.
(2) Before directing the regional manager or district manager, under subsection (1) (a), to enter into a probationary community forest agreement with the representative of a first nation, the minister must be satisfied that the intended holder of the probationary community forest agreement is a person or other legal entity and has been appointed by the first nation as its representative.
(3) Section 43.2 does not apply to a probationary community forest agreement entered into under this section.
43.52 The
(a) regional manager, or
(b) district manager,
in accordance with the regulations, and with the consent of the holder of a community forest agreement, may change the boundary or area of the community forest agreement.
43.53 For a community forest agreement for which an allowable annual cut has not been determined under section 8, a reference in this Act or the regulations to an allowable annual cut authorized for a community forest agreement must be read as a reference to the rate of timber harvesting for each community forest agreement area as determined under section 8.
Division 7.2 — Community Salvage Licences
43.6 In this Division, "qualifying timber" means Crown timber, whether standing, felled or fallen, that is
(a) left on the site of a logging operation after that operation has concluded, other than timber left to fulfill a forest management function, such as
(i) a seed tree,
(ii) a wildlife tree, or
(iii) a log or stump that provides habitat for plants or animals or is a source of nutrients for soil development,
(b) dead, damaged, diseased, infested or windthrown, or
(c) removed in accordance with a community salvage licence to provide access to timber described in paragraph (a) or (b) or to ensure the safety of a person harvesting that timber.
43.7 (1) On request or on the minister's own initiative, the minister or a person authorized by the minister,
(a) may invite an application for a community salvage licence, or
(b) by advertising in the prescribed manner, may invite one or more applications for a community salvage licence
only from
(c) a band as defined in the Indian Act (Canada),
(d) a municipality or regional district, or
(e) any of the following if prescribed requirements are met:
(i) a society incorporated under the Society Act;
(ii) an association as defined in the Cooperative Association Act;
(iii) a corporation;
(iv) a partnership.
(2) An application for a community salvage licence must
(a) be in the form specified by the minister or a person authorized by the minister,
(b) if it is an application referred to in subsection (1) (b) be submitted in a sealed container to the minister or a person authorized by the minister,
(c) include a proposal to achieve the objectives set out in subsection (3) by harvesting and using qualifying timber,
(d) include any information respecting the proposal referred to in paragraph (c) that the minister or a person authorized by the minister requests when inviting the application under subsection (1) (a) or advertising under subsection (1) (b), and
(e) include an offer by the applicant to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7, and
(ii) waste assessments for qualifying timber, whether standing, felled or fallen, that could have been cut or removed under the community salvage licence, but, at the licensee's discretion, is not cut or removed.
(3) The minister or a person authorized by the minister must evaluate each application, taking into account its potential for
(a) providing social and economic benefits to British Columbia, including contributing to government revenues,
(b) providing opportunities for achieving a range of community objectives, including employment and other social, environmental and economic benefits,
(c) encouraging cooperation within the community and among stakeholders,
(d) providing for the use of qualifying timber, and
(e) other factors that the minister or a person authorized by the minister specifies in the invitation or advertising.
(4) After the evaluation under subsection (3), the minister or a person authorized by the minister may
(a) in the case of an application submitted in response to an invitation under subsection (1) (a)
(i) approve the application,
(ii) approve the application subject to conditions with which the applicant must comply before the community salvage licence is entered into, or
(iii) decline to approve the application, and
(b) in the case of an application submitted in response to an advertisement under subsection (1) (b)
(i) approve one or more applications,
(ii) approve an application subject to conditions that the applicant must comply with before the community salvage licence is entered into, or
(iii) decline to approve any applications.
(5) If the person whose application is approved under subsection (4) (b) does not enter into the community salvage licence, the minister or a person authorized by the minister may approve the next best application from a qualified applicant.
(6) If an application is approved under this section, the minister or a person authorized by the minister must direct the regional manager or district manager, to enter into a community salvage licence with the applicant.
43.8 A community salvage licence
(a) must be for a term not exceeding 5 years,
(b) must describe one or more areas of land within which, subject to availability, its holder may harvest qualifying timber,
(c) may specify a maximum volume of qualifying timber that may be harvested from an area of land described in the community salvage licence,
(d) may provide for cutting permits to be issued by the regional manager or district manager to authorize its holder to harvest qualifying timber from specified areas of land within the area or areas of land described in the community salvage licence,
(e) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7, and
(ii) waste assessments for merchantable qualifying timber, whether standing, felled or fallen, that could have been cut or removed under the community salvage licence, but, at its holder's discretion, is not cut or removed,
(f) may include restrictions on
(i) the type of qualifying timber that may be harvested under it, and
(ii) the location, timing, nature and extent of harvesting activities that may be carried out under it,
(g) if it authorizes clearcutting, must restrict clearcuts to less than one hectare,
(g.1) that is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, must state that it is a condition of the community salvage licence that the first nation comply with the agreement, and
(h) may include other terms and conditions, consistent with this Act and the regulations, determined by the regional manager or district manager.
44 (1) In this section, "control" in relation to a corporation has the same meaning as "control of a corporation" in section 53.
(2) On request or on his or her own initiative the regional manager or district manager, by advertising in the prescribed manner, may invite applications for a woodlot licence.
(3) An application for a woodlot licence must
(a) be made to the district manager or regional manager, and
(b) meet prescribed requirements.
(4) A woodlot licence may be entered into only with an applicant that is
(a) a Canadian citizen or permanent resident of Canada who is 19 years of age or older,
(b) a first nation, or
(c) a corporation, other than a society, that is controlled by persons who meet the qualifications referred to in paragraph (a).
(5) A woodlot licence may not be entered into with an applicant that
(a) owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia, or
(b) holds more than one woodlot licence, controls a corporation that holds more than one woodlot licence or both holds a woodlot licence and controls a corporation that holds a woodlot licence.
(6) The regional manager or district manager must evaluate applications for a woodlot licence in accordance with prescribed requirements.
(7) After evaluating applications under subsection (6), the person who evaluated the applications may
(a) approve an application, or
(b) decline to approve all applications.
(8) If an applicant whose application is approved under subsection (7) neglects or declines to enter into the woodlot licence or becomes ineligible to enter into the licence, the regional manager or district manager may
(a) approve the next best application, or
(b) at the direction of the minister, may refuse to approve any of the applications.
(9) Subject to subsection (10), the regional manager or district manager must enter into an agreement in the form of a woodlot licence with every person whose application is approved under subsection (7) or (8).
(10) The regional manager or district manager must not enter into a woodlot licence until a management plan is approved by the government for the proposed woodlot licence area.
(11) The regional manager or district manager may reserve from disposition under this Act the timber in the area described in the advertising, pending
(a) a woodlot licence being entered into under this section, or
(b) a refusal under subsection (8) to approve any of the applications.
45 (1) A woodlot licence must
(a) be for a term not exceeding 20 years,
(b) describe a woodlot licence area determined by the regional manager or district manager to be composed of
(i) private land, if any, owned or held under lease by its holder or a reserve as defined in the Indian Act (Canada), and
(ii) Crown land, the timber on which is not otherwise encumbered, of not more than
(A) 800 ha if the Crown land is located in the Coast Forest Region, or
(B) 1 200 ha if the Crown land is not located in the Coast Forest Region,
(c) subject to the provisions of this Act, give to its holder the exclusive right to harvest timber on the Crown land referred to in paragraph (b), for its term,
(d) must require its holder to pay to the government, in addition to other amounts payable under this Act and the regulations,
(i) stumpage under Part 7 in respect of Crown timber,
(ii) waste assessments for merchantable Crown timber, whether standing or felled, that could have been cut and removed under the woodlot licence, but, at the holder's discretion, is not cut and removed, and
(iii) a bonus, if any, in the amount tendered,
(e) provide for cutting permits with terms that do not exceed 4 years to be issued by the district manager, or a forest officer authorized by the district manager, within the limits provided in the woodlot licence and subject to this Act and the Forest and Range Practices Act, to authorize its holder to harvest timber from specified areas of land within the woodlot licence area,
(f) require its holder to submit for the approval of the district manager, at the times specified by the district manager, a management plan that meets all the following requirements:
(i) it is prepared in accordance with the requirements of the woodlot licence;
(ii) it includes inventories, prepared in the manner, presented in the format and meeting the specifications required under the woodlot licence, of the timber resources within the woodlot licence area;
(iii) it is consistent with
(A) the woodlot licence,
(B) this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, and
(C) any applicable objectives set by government;
(iv) it proposes management objectives, in accordance with the woodlot licence, regarding
(A) utilization of the timber resources in the woodlot licence area,
(B) protection and conservation of the non-timber values and resources in the woodlot licence area,
(C) forest fire prevention and suppression,
(D) forest health, including pest management,
(E) silviculture, and
(F) road construction, maintenance and deactivation;
(v) it includes proposals, in accordance with the woodlot licence, for meeting the proposed management objectives under subparagraph (iv), including measures to be taken and specifications to be followed by the holder of the woodlot licence;
(vi) it proposes an allowable annual cut for the woodlot licence
(vii) it includes any other inventories and information regarding the development, management and use of the woodlot licence area that the district manager, in accordance with the woodlot licence, requires,
(f.1) if the licence provides that it is entered into with a first nation or its representative to implement or further an agreement between the first nation and the government respecting treaty-related measures, interim measures or economic measures, the licence must state that it is a condition of the licence that the first nation comply with the agreement, and
(g) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, determined by the regional manager or district manager.
(2) Despite subsection (1), the Crown land portion of a woodlot licence may exceed the limits specified in subsection (1) (b) (ii) (A) or (B) if
(a) the woodlot licence was entered into before January 1, 2003, and
(b) the excess Crown land was included in the woodlot licence as a result of mapping inaccuracies.
45.1 For a woodlot licence for which an allowable annual cut has not been determined under section 8, a reference in this Act or the regulations to an allowable annual cut authorized for a woodlot licence must be read as a reference to the volume of timber to be harvested from each woodlot licence area during each year or other period of the term of the woodlot licence as determined under section 8.
46 (1) Unless a woodlot licence provides that a replacement for the woodlot licence must not be offered, the regional manager or district manager, during the 6 month period following the ninth anniversary of an existing woodlot licence, must offer its holder a replacement for the woodlot licence.
(2) Despite subsection (1), if the regional manager or district manager determines that
(a) rights under the existing woodlot licence are under suspension, or
(b) the holder of the existing woodlot licence has failed to
(i) pay stumpage or other money payable in respect of timber harvested under the woodlot licence or a road permit associated with the woodlot licence,
(ii) provide security or a deposit required under this Act or the regulations or the Forest and Range Practices Act or the regulations made under that Act in respect of the woodlot licence or a road permit associated with the woodlot licence,
(iii) perform an obligation under the woodlot licence to be performed by the holder in respect of an area of land specified in
(A) a cutting permit previously issued under the woodlot licence, or
(B) a road permit associated with the woodlot licence, or
(iv) comply with a requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of an area of land referred to in subparagraph (iii),
the regional manager or district manager, to the extent provided in the regulations,
(c) may decline to offer a replacement for the existing woodlot licence until
(i) the suspension is rescinded,
(ii) the suspended rights are reinstated, or
(iii) the holder of the existing woodlot licence
(A) pays the stumpage or other money payable,
(B) provides the required security or deposit,
(C) performs the obligation to be performed under the existing woodlot licence in respect of land referred to in paragraph (b) (iii), or
(D) complies with the requirement of the Forest and Range Practices Act or the regulations or the standards made under that Act in respect of land referred to in paragraph (b) (iii), and
(d) may offer a replacement with special conditions.
(3) A woodlot licence offered under this section must
(a) have a term commencing
(i) on the 10th anniversary of the existing woodlot licence, or
(ii) if the regional manager or district manager exercises the power conferred under subsection (2) (c), on a date to be determined by the district manager,
(b) be for a term equal to
(i) the whole original term of the existing woodlot licence, or
(ii) if the regional manager or district manager exercises the power conferred under subsection (2) (c), a period, not exceeding the original term of the existing woodlot licence, to be determined by the district manager,
(c) describe as a woodlot licence area the area subject to the existing woodlot licence, and
(d) include other terms and conditions, consistent with this Act and the regulations, the Forest and Range Practices Act and the regulations and the standards made under that Act, set out in the offer.
(4) [Repealed 1999-10-5.]
(5) Notice of an offer made under this section must be published in the prescribed manner.
(6) An offer made under this section
(a) may be amended, and
(b) may be accepted by written notice to the regional manager or district manager not later than 3 months after the offer is served.
(7) If an offer made under this section is accepted
(a) an agreement in the form of a woodlot licence containing the terms and conditions set out in the offer, including amendments, must be entered into by the regional manager or district manager and the holder of the woodlot licence, and
(b) the existing woodlot licence expires on the commencement of the replacement licence.
(8) If an offer made under this section is not accepted, the existing woodlot licence continues in force until its term expires, after which it has no further effect.
(9) No woodlot licence is renewable.
46.1 (1) This section applies despite section 44 (6) (a).
(2) The district manager may enter into a woodlot licence with a person, corporation or band that owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia if the person, corporation or band
(a) meets the prescribed requirements, and
(b) complies with any conditions imposed by the district manager.
(3) The district manager may offer a replacement woodlot licence under section 46 to a person, corporation or band that owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia if the person, corporation or band
(a) meets the prescribed requirements, and
(b) complies with any conditions imposed by the district manager.
(4) On application in writing by the holder of a woodlot licence, the district manager may permit the holder to own or lease, or control a corporation that owns or leases, a timber processing facility in British Columbia if the holder of the licence
(a) meets the prescribed requirements, and
(b) complies with any conditions imposed by the district manager.
(5) If the district manager approves an application under subsection (4), the approval takes effect when the district manager and the holder of the woodlot licence enter into an agreement amending the woodlot licence in a manner that the district manager considers to be consistent with
(a) the holder of the woodlot licence owning or leasing, or controlling a corporation that owns or leases, a timber processing facility in British Columbia,
(b) the prescribed requirements, and
(c) any conditions imposed by the district manager.
(6) The Lieutenant Governor in Council may make regulations prescribing
(a) criteria that the district manager must consider before
(i) entering into a woodlot licence with a person who owns or leases, or control a corporation that owns or leases, a timber processing facility in British Columbia,
(ii) offering a replacement woodlot licence under section 46 to a person, corporation or band that owns or leases, or controls a corporation that owns or leases, a timber processing facility in British Columbia, or
(iii) permitting the holder of a woodlot licence to own or lease, or control a corporation that owns or leases, a timber processing facility in British Columbia, and
(b) the types of conditions the district manager may impose for the purposes of this section.
47.1 Subject to section 45 (1) (b) (ii), the district manager or regional manager, if permitted by the regulations and in accordance with the regulations, and with the consent of the holder of a woodlot licence, may change the boundary or area of the woodlot licence.
47.2 (1) Subject to subsection (2), on the coming into force of this section
(a) despite anything to the contrary in a woodlot licence, the term of the woodlot licence is 20 years, and
(b) for the purposes of section 46 (3), the original term of the woodlot licence referred to in paragraph (b) of that section is 20 years.
(2) Subsection (1) does not apply to a woodlot licence that
(a) provides that a replacement for it must not be offered,
(b) section 46 (8) applies to, or
(c) is subject, on the coming into force of this section, to an offer of replacement under section 46 and the offer is rejected by the holder of the woodlot licence.
(3) On the coming into force of this section, despite anythin