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PRIVATE LAND FOREST PRACTICESAbout 10% of all timber harvested in B.C. comes from private land. Until recently, harvesting activities on private land were relatively unregulated. I say relatively unregulated, because there has always been some regulation in the form of statutes such as the Fisheries Act and the Water Act. Particularly, it is unlawful to harm or alter fish habitat. Also, it has always been unlawful to make changes in or about a stream, or to divert a stream, without government authority, under the Water Act. Violations could result in charges being laid, and the fines could be quite severe. This continues to be the case today. Additionally, the Workers' Compensation Board Health and Safety Regulations would apply to harvesting practices on private land. Other than this, though, harvesting activities were relatively unregulated. The Forest Practices Code does not apply. But, on April 1, 2000, the Private Land Forest Practices Regulation came into force. The Regulation applies only to "identified land". Approximately half of the private forest land in the province would be governed by the Regulation. Land affected would be in the Forest Land Reserve, or would be found in the Agricultural Land Reserve and identified as managed forest land. If the land is in the reserve, then a notation is usually made on the title in the Land Title Office. If in doubt, a person can telephone the Forest Land Commission at (604) 660-7000 to see if a particular piece of property is "identified land". The Private Land Forest Practices Regulation is a lite version of the Forest Practices Code. At 60 sections long, it is not as complex as the Forest Practices Code and its guide books. Still, the Regulation is complicated enough that I cannot describe its provisions in this short article. Suffice it to say that the Act provides for:
Where land is identified as critical wildlife habitat, there are further restrictions on the road construction and timber harvesting activities. The Regulation brings with it certain teeth, in that it provides for rather substantial fines, and allows the Government to issue remediation and stop work orders. If you'd like a copy of the new Private Land Forest Practices Regulation, visit the Ministry of Forest's website. John M. Drayton is a Kamloops lawyer practicing in the areas of motor transport and forestry law. Back to Articles Index
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