ACCESS AND ACCOMMODATION. 9.01 Nothing in this Licence authorizes the Licensee to in any way restrict the Crown's right of access to Crown lands. 9.02 Any Ministry employee may: (a) enter onto Schedule “A” Land; and (b) use roads owned or deemed to be owned by the Licensee; for any purpose arising out of the administration of this Licence. 9.03 The Licensee will allow any person who has been granted rights to timber referred to in Part 2.00 or under Section 69 of the Forest Act, to use any road referred to in Subparagraph 9.02(b) for the purpose of exercising rights or fulfilling obligations within the licence area. 9.04 The Licensee will not require any payment from a person referred to in Paragraph 9.03 other than a reasonable payment in respect of the actual maintenance costs of the road. 9.05 The Ministry may carry out on Crown lands: (a) silviculture operations the Crown is required to carry out under the forestry legislation; and (b) any other silviculture operations, provided it does not: (i) compromise the management plan in effect under this Licence or a forest development plan or forest stewardship plan approved in respect of this Licence; or (ii) unreasonably interfere with the Licensee's operations under this Licence. 9.06 Where the Regional Manager, District Manager or Timber Sales Manager carries out silviculture referred to in Paragraph 9.05, the Regional Manager, District Manager or Timber Sales Manager, as the case may be, will ensure the silviculture is consistent with the intent of the management plan in effect under this Licence, except where the Regional Manager or District Manager is required to depart from the intent of the management plan because of the requirements of a higher level plan or the forestry legislation. 9.07 Upon reasonable notice from the Regional Manager, District Manager or Timber Sales Manager, the Licensee will provide a Ministry employee with reasonable office and living accommodation on premises owned or operated by the Licensee in or near the licence area, to enable the Ministry employee to fulfill an obligation or exercise a right under this Licence. 9.08 The Licensee may charge the Regional Manager, District Manager or Timber Sales Manager, as the case may be, for costs reasonably incurred in providing the accommodation referred to in Paragraph 9.07.
Appears in 7 contracts
Samples: Tree Farm Licence, Tree Farm Licence, Tree Farm Licence
ACCESS AND ACCOMMODATION. 9.01 Nothing in this Licence authorizes the Licensee to in any way restrict the Crown's right of access to Crown lands.
9.02 Any Ministry employee may:
(a) enter onto Schedule “A” Land; and
(b) use roads owned or deemed to be owned by the Licensee; for any purpose arising out of the administration of this Licence.
9.03 The Licensee will allow any person who has been granted rights to timber referred to in Part 2.00 or under Section 69 of the Forest Act, to use any road referred to in Subparagraph 9.02(b) for the purpose of exercising rights or fulfilling obligations within the licence area.
9.04 The Licensee will not require any payment from a person referred to in Paragraph 9.03 other than a reasonable payment in respect of the actual maintenance costs of the road.
9.05 The Ministry may carry out on Crown lands:
(a) silviculture operations the Crown is required to carry out under the forestry legislation; and
(b) any other silviculture operations, provided it does not:
(i) compromise the management plan in effect under this Licence or a forest development plan or forest stewardship plan approved in respect of this Licence; or
(ii) unreasonably interfere with the Licensee's operations under this Licence.
9.06 Where the Regional Manager, District Manager or Timber Sales Manager carries out silviculture referred to in Paragraph 9.05, the Regional Manager, District Manager or Timber Sales Manager, as the case may be, will ensure the silviculture is consistent with the intent of the management plan in effect under this Licence, except where the Regional Manager or District Manager is required to depart from the intent of the management plan because of the requirements of a higher level plan or the forestry legislation.
9.07 Upon reasonable notice from the Regional Manager, District Manager or Timber Sales Manager, the Licensee will provide a Ministry employee with reasonable office and living accommodation on premises owned or operated by the Licensee in or near the licence area, to enable the Ministry employee to fulfill an obligation or exercise a right under this Licence.
9.08 The Licensee may charge the Regional Manager, District Manager or Timber Sales Manager, as the case may be, for costs reasonably incurred in providing the accommodation referred to in Paragraph 9.07.
9.09 Subject to safety requirements, the Licensee will not restrict access to Crown lands to any member of a First Nation whose asserted interests overlap the TFL, so that they may exercise their aboriginal interests, including fishing, plant gathering, bark stripping, spiritual activities, and hunting. This includes the use of roads identified in 9.02(b).
Appears in 2 contracts
Samples: Tree Farm Licence, Tree Farm Licence
ACCESS AND ACCOMMODATION. 9.01 13.01 Nothing in this Licence authorizes the Licensee to in any way restrict the Crown's ’s right of access to Crown landsSchedule B Land or Schedule A Land subject to a timber licence.
9.02 Any Ministry employee may:
(a) enter onto Schedule “A” Land; and
(b) use roads owned 13.02 The Regional Manager or deemed to be owned by the Licensee; for any purpose arising out of the administration of this Licence.
9.03 The Licensee will allow any person who has been granted rights to timber referred to in Part 2.00 or under Section 69 of the Forest Act, to use any road referred to in Subparagraph 9.02(b) for the purpose of exercising rights or fulfilling obligations within the licence area.
9.04 The Licensee will not require any payment from a person referred to in Paragraph 9.03 other than a reasonable payment in respect of the actual maintenance costs of the road.
9.05 The Ministry District Manager may carry out on Crown lands:Schedule B Land and Schedule A Land subject to a timber licence
(a) silviculture operations the Crown is required to carry out out, under the forestry legislation; Acts or regulations referred to in paragraph 9.01, and
(b) any other silviculture operationssilviculture, provided it does not:
(i) compromise the management plan in effect under this Licence or a forest development plan or forest stewardship plan approved in respect of this Licence; , or
(ii) unreasonably interfere with the Licensee's ’s operations under this Licence.
9.06 13.03 Where the Regional Manager, District Manager or Timber Sales District Manager carries out silviculture referred to in Paragraph 9.05paragraph 13.02, the Regional Manager, District Manager or Timber Sales District Manager, as the case may be, will ensure the silviculture is consistent with the intent of the management plan in effect under this Licence, except where the Regional Manager or District Manager is required to depart from the intent of the management plan because of the requirements of a higher level plan or the forestry legislationActs, regulations or standards referred to in paragraph 9.01.
9.07 13.04 Any Ministry employee may
(a) enter onto Schedule A Land that is not subject to a timber licence, and
(b) use roads owned or deemed to be owned by the Licensee, and, for the purpose of fulfilling an obligation or exercising a right under this Licence.
13.05 The Licensee will allow any person who has been granted harvesting rights to timber referred to in paragraphs 1.09, 1.10, 1.11 or 1.18 to use any road referred to in subparagraph 13.04(b) for the purpose of gaining access to timber within the Licence Area.
13.06 The Licensee will not require any payment from a person referred to in paragraph 13.05 other than a reasonable payment in respect of the actual maintenance costs of the road.
13.07 Upon reasonable notice from the Regional Manager, District Manager or Timber Sales District Manager, the Licensee will provide a Ministry employee with reasonable office and living accommodation on premises owned or operated by the Licensee in or near the licence areaLicence Area, to enable the Ministry employee to fulfill an obligation or exercise a right under this Licence.
9.08 13.08 The Licensee may charge the Regional Manager, District Manager or Timber Sales District Manager, as the case may be, for costs reasonably incurred in providing the accommodation referred to in Paragraph 9.07paragraph 13.07.
Appears in 2 contracts
Samples: Tree Farm Licence, Tree Farm Licence
ACCESS AND ACCOMMODATION. 9.01 Nothing in this Licence authorizes the Licensee to in any way restrict the Crown's right of access to Crown lands.
9.02 Any Ministry employee may:
(a) enter onto Schedule “A” Land; and
(b) use roads owned or deemed to be owned by the Licensee; for any purpose arising out of the administration of this Licence.
9.03 The Licensee will allow any person who has been granted rights to timber referred to in Part 2.00 or under Section 69 of the Forest Act, to use any road referred to in Subparagraph 9.02(b) for the purpose of exercising rights or fulfilling obligations within the licence area.
9.04 The Licensee will not require any payment from a person referred to in Paragraph 9.03 other than a reasonable payment in respect of the actual maintenance costs of the road.
9.05 The Ministry may carry out on Crown lands:
(a) silviculture operations the Crown is required to carry out under the forestry legislation; and
(b) any other silviculture operations, provided it does not:
(i) compromise the management plan in effect under this Licence or a forest development plan or forest stewardship plan approved in respect of this Licence; or
(ii) unreasonably interfere with the Licensee's operations under this Licence.
9.06 Where the Regional Manager, District Manager or Timber Sales Manager carries out silviculture referred to in Paragraph 9.05, the Regional Manager, District Manager or Timber Sales Manager, as the case may be, will ensure the silviculture is consistent with the intent of the management plan in effect under this Licence, except where the Regional Manager or District Manager is required to depart from the intent of the management plan because of the requirements of a higher level plan or the forestry legislation.
9.07 Upon reasonable notice from the Regional Manager, District Manager or Timber Sales Manager, the Licensee will provide a Ministry employee with reasonable office and living accommodation on premises owned or operated by the Licensee in or near the licence area, to enable the Ministry employee to fulfill an obligation or exercise a right under this Licence.
9.08 The Licensee may charge the Regional Manager, District Manager or Timber Sales Manager, as the case may be, for costs reasonably incurred in providing the accommodation referred to in Paragraph 9.07.
9.09 Subject to safety concerns or requirements, the Licensee will not restrict access to Crown lands to any member of a First Nation whose asserted or known aboriginal interests overlap the TFL so that they may exercise their aboriginal interests, including fishing, plant gathering, bark stripping, spiritual activities, and hunting. This includes the use of roads identified in 9.02(b), but for greater certainty does not prevent the Licensee from restricting or putting conditions on the use of roads identified in 9.02(b) for access for commercial or personal use of gravel.
Appears in 1 contract
Samples: Tree Farm Licence
ACCESS AND ACCOMMODATION. 9.01 Nothing in this Licence authorizes the Licensee to in any way restrict the Crown's right of access to Crown lands.
9.02 Any Ministry employee may:
(a) enter onto Schedule “A” Land; and
(b) use roads owned or deemed to be owned by the Licensee; for any purpose arising out of the administration of this Licence.
9.03 The Licensee will allow any person who has been granted rights to timber referred to in Part 2.00 or under Section 69 of the Forest Act, to use any road referred to in Subparagraph 9.02(b) for the purpose of exercising rights or fulfilling obligations within the licence area.
9.04 The Licensee will not require any payment from a person referred to in Paragraph 9.03 other than a reasonable payment in respect of the actual maintenance costs of the road.
9.05 The Ministry may carry out on Crown lands:
(a) silviculture operations the Crown is required to carry out under the forestry legislation; and
(b) any other silviculture operations, provided it does not:
(i) compromise the management plan in effect under this Licence or a forest development plan or forest stewardship plan approved in respect of this Licence; or
(ii) unreasonably interfere with the Licensee's operations under this Licence.
9.06 Where the Regional Manager, District Manager or Timber Sales Manager carries out silviculture referred to in Paragraph 9.05, the Regional Manager, District Manager or Timber Sales Manager, as the case may be, will ensure the silviculture is consistent with the intent of the management plan in effect under this Licence, except where the Regional Manager or District Manager is required to depart from the intent of the management plan because of the requirements of a higher level plan or the forestry legislation.
9.07 Upon reasonable notice from the Regional Manager, District Manager or Timber Sales Manager, the Licensee will provide a Ministry employee with reasonable office and living accommodation on premises owned or operated by the Licensee in or near the licence area, to enable the Ministry employee to fulfill an obligation or exercise a right under this Licence.
9.08 The Licensee may charge the Regional Manager, District Manager or Timber Sales Manager, as the case may be, for costs reasonably incurred in providing the accommodation referred to in Paragraph 9.07.
9.09 Subject to safety requirements, the Licensee will not restrict access to Crown lands to any member of a First Nation whose asserted or known aboriginal interests or treaty rights, overlap the TFL, so that they may exercise those aboriginal interests, including fishing, plant gathering, bark stripping, spiritual activities, and hunting, or their treaty rights as described in the relevant treaty. This includes the use of roads identified in 9.02(b).
Appears in 1 contract
Samples: Tree Farm Licence