CUTTING PERMITS. 8.01 Subject to Part 1 and Paragraph 8.02, the Licensee may submit an application to the District Manager for a cutting permit to authorize the Licensee to harvest one or more proximate areas of Schedule “A” or “B” Lands for the portion of the allowable annual cut available to the Licensee that are: (a) identified on an approved forest development plan; or (b) exempted under the Forest Practices Code of British Columbia Act from the requirement of a forest development plan, or exempted under the Forest and Range Practices Act from the requirement for a forest stewardship plan; or (c) located within a forest development unit of an approved forest stewardship plan. 8.02 For those areas of Schedule “B” Land or in timber licences under Schedule “A” Land to be included in the application under Paragraph 8.01, the Licensee must ensure that cruise and appraisal data submitted is gathered and compiled according to the appraisal manual. 8.03 An application for a cutting permit submitted under Paragraph 8.01 must: (a) be in a form established by the District Manager; (b) state the proposed term that does not exceed four years; (c) include; (i) a map to a scale acceptable to the District Manager showing the areas referred to in the application; and (ii) the cruise data and appraisal data referred to in Paragraph 8.02; and a description acceptable to the District Manager of any timber that is reserved from cutting, removal or cutting and removal. 8.04 The areas of land shown on the map referred to in clause 8.03(c)(i) must be: (a) the areas referred to in Subparagraph 8.01(a); or (b) areas referred to in Subparagraph 8.01(b); or (c) located within a forest development unit referred to in Subparagraph 8.01(c); allowing for difference in scale between maps used in the forest development plan, forest stewardship plan, or exemption and the map referred to in clause 8.03(c)(i). 8.05 Subject to Paragraphs 8.06 through 8.09 inclusive and 8.04, upon receipt of an application under Paragraph 8.01, the District Manager will issue a cutting permit to the Licensee if: (a) there is a management plan in effect under this Licence; (b) the District Manager is satisfied that; (i) the requirements of Paragraphs 8.01, 8.02, 8.03 and 8.04 have been met; (ii) activities and operations under the cutting permit will be consistent with this Licence and the management plan referred to in Subparagraph 8.05(a). 8.06 The District Manager may consult aboriginal group(s) who exercise, or claim to hold an aboriginal interest(s) or proven aboriginal right(s), including aboriginal title, or treaty right(s), if in the opinion of the District Manager, issuance of the cutting permit as submitted and/or operations under the cutting permit may result in: (a) an impact to an aboriginal interest(s) that requires consideration of accommodation; or (b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that may require justification. 8.07 The District Manager may impose conditions in a cutting permit to address an aboriginal interest(s), or proven aboriginal right, including aboriginal title, or a treaty right(s) if in the opinion of the District Manager, issuance of the cutting permit as submitted would result in: (a) an impact to an aboriginal interest(s) that would require consideration of accommodation; or (b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that would require justification. 8.08 The District Manager may refuse to issue a cutting permit if in the opinion of the District Manager issuance of the cutting permit or an amendment to a cutting permit would result in: (a) an impact to an aboriginal interest(s) or treaty right(s) that could not be reasonably accommodated; or (b) an impact to a proven aboriginal right(s), including aboriginal title, or a treaty right(s) that could not be justified. 8.09 If the District Manager: (a) determines that a cutting permit may not be issued because the requirements of Paragraph 8.05 have not been met; (b) is carrying out consultations under Paragraph 8.06; or (c) refuses to issue a cutting permit under Paragraph 8.08; the District Manager will notify the Licensee within 45 days of the date on which the application for the cutting permit was received. 8.10 A cutting permit must: (a) identify the boundaries of the areas of Schedule “A” or “B” Land which, subject to this Licence, the Licensee is authorized to conduct operations; (b) specify the term stated in the application; (c) specify a timber xxxx to identify all timber removed under the cutting permit; (d) specify, for timber on Schedule “A” Land subject to a timber licence and Schedule “B” Land, whether, for the purpose of determining the amount of stumpage payable in respect of timber removed under the cutting permit, the volume or quantity of timber is to be determined using information provided by; (i) a scale of the timber; or (ii) a cruise of the timber conducted before the timber is cut; (e) specify any timber that is reserved from cutting, removal, or cutting and removal; and (f) include such other provisions, consistent with this Licence, as determined by the District Manager. 8.11 The District Manager may amend a cutting permit only with the consent of the Licensee. 8.12 The Licensee may only make application to the District Manager for a cutting permit extension at least 45 days before the expiry of the cutting permit and in a form acceptable to the District Manager. 8.13 A cutting permit is deemed to be part of this Licence. 8.14 All cutting permits in effect that were issued under the tree farm licence that is replaced by this Licence continue under this Licence for the duration of their respective terms.
Appears in 9 contracts
Samples: Tree Farm Licence, Tree Farm Licence, Tree Farm Licence
CUTTING PERMITS. 8.01 Subject to Part 1 and Paragraph 8.02paragraphs 8.02 through 8.04 inclusive, the Licensee may submit an application to the District Manager for a cutting permit to authorize the Licensee to harvest one or more proximate areas of Schedule “A” or “B” Lands for the portion of the allowable annual cut available to the Licensee.
8.02 The Licensee may only submit an application for a cutting permit to authorize the Licensee to harvest one or more proximate areas of Crown land that are:are either
(a) identified on an approved a forest development plan for which the Licensee may, during the term of the forest development plan; , apply for a cutting permit, or
(b) exempted under the Forest Practices Code of British Columbia Act from the requirement of for a forest development plan, or exempted under the Forest and Range Practices Act from the requirement .
8.03 Before submitting an application for a forest stewardship plan; orcutting permit, the Licensee must compile
(ca) located within a forest development unit cruise data, and
(b) appraisal data in accordance with the requirements of an approved forest stewardship plan.
8.02 For those Part 7.00, for the areas of Schedule “B” Land or in timber licences under Schedule “A” Land to be included in the application under Paragraph 8.01, the Licensee must ensure that cruise and appraisal data submitted is gathered and compiled according to the appraisal manualapplication.
8.03 8.04 An application for a cutting permit submitted under Paragraph paragraph 8.01 must:
(a) be in a form established by acceptable to the District Manager;,
(b) state the proposed term that does not exceed four years;
(c) include;
(i) a map to a scale acceptable to the District Manager showing the areas referred to in the application; and,
(ii) the cruise data and appraisal data referred to in Paragraph 8.02; and a description acceptable to paragraph 8.03, and
(c) if required by the District Manager Manager, identify the sequence in which the areas of any timber that land referred to in the application would be harvested if a cutting permit is reserved from cutting, removal or cutting and removalissued.
8.04 8.05 The areas of land shown on the map referred to in clause 8.03(c)(i8.04(b)(i) must be:be consistent with
(a) the areas cutblocks referred to in Subparagraph 8.01(asubparagraph 8.02(a); or
, or (b) areas referred to in Subparagraph 8.01(bsubparagraph 8.02(b); or
(c) located within a forest development unit referred to in Subparagraph 8.01(c); , allowing for difference in due to scale variation between maps used in the forest development plan, forest stewardship plan, plan or exemption and the map referred to in clause 8.03(c)(i8.04(b)(i).
8.05 8.06 Subject to Paragraphs 8.06 paragraphs 8.08 through 8.09 inclusive and 8.048.10 inclusive, upon receipt of an application for a cutting permit submitted under Paragraph paragraph 8.01, the District Manager will issue a cutting permit to the Licensee if:
(a) there is a management plan in effect under this Licence;,
(b) the District Manager is satisfied that;
that (i) the requirements of Paragraphs 8.01, 8.02, 8.03 and 8.04 paragraphs 8.02 through 8.05 inclusive have been met;
(ii) activities and operations under the cutting permit will be consistent with this Licence and the management plan referred to in Subparagraph 8.05(a).
8.06 The District Manager may consult aboriginal group(s) who exercise, or claim to hold an aboriginal interest(s) or proven aboriginal right(s), including aboriginal title, or treaty right(s), if in the opinion of the District Manager, issuance of the cutting permit as submitted and/or operations under the cutting permit may result in:
(a) an impact to an aboriginal interest(s) that requires consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that may require justification.
8.07 The District Manager may impose conditions in a cutting permit to address an aboriginal interest(s), or proven aboriginal right, including aboriginal title, or a treaty right(s) if in the opinion of the District Manager, issuance of the cutting permit as submitted would result in:
(a) an impact to an aboriginal interest(s) that would require consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that would require justification.
8.08 The District Manager may refuse to issue a cutting permit if in the opinion of the District Manager issuance of the cutting permit or an amendment to a cutting permit would result in:
(a) an impact to an aboriginal interest(s) or treaty right(s) that could not be reasonably accommodated; or
(b) an impact to a proven aboriginal right(s), including aboriginal title, or a treaty right(s) that could not be justified.
8.09 If the District Manager:
(a) determines that a cutting permit may not be issued because the requirements of Paragraph 8.05 have not been met;
(b) is carrying out consultations under Paragraph 8.06; or
(c) refuses to issue a cutting permit under Paragraph 8.08; the District Manager will notify the Licensee within 45 days of the date on which the application for the cutting permit was received.
8.10 A cutting permit must:
(a) identify the boundaries of the areas of Schedule “A” or “B” Land which, subject to this Licence, the Licensee is authorized to conduct operations;
(b) specify the term stated in the application;
(c) specify a timber xxxx to identify all timber removed under the cutting permit;
(d) specify, for timber on Schedule “A” Land subject to a timber licence and Schedule “B” Land, whether, for the purpose of determining the amount of stumpage payable in respect of timber removed under the cutting permit, the volume or quantity of timber is to be determined using information provided by;
(i) a scale of the timber; or
(ii) a cruise of the timber conducted before the timber is cut;
(e) specify any timber that is reserved from cutting, removal, or cutting and removal; and
(f) include such other provisions, consistent with this Licence, as determined by the District Manager.
8.11 The District Manager may amend a cutting permit only with the consent of the Licensee.
8.12 The Licensee may only make application to the District Manager for a cutting permit extension at least 45 days before the expiry of the cutting permit and in a form acceptable to the District Manager.
8.13 A cutting permit is deemed to be part of this Licence.
8.14 All cutting permits in effect that were issued under the tree farm licence that is replaced by this Licence continue under this Licence for the duration of their respective terms.
Appears in 2 contracts
Samples: Tree Farm Licence, Tree Farm Licence
CUTTING PERMITS. 8.01 Subject to Part 1 and Paragraph 8.02, the Licensee may submit an application to the District Manager for a cutting permit to authorize the Licensee to harvest one or more proximate areas of Schedule “A” or “B” Lands for the portion of the allowable annual cut available to the Licensee that are:
(a) identified on an approved forest development plan; or
(b) exempted under the Forest Practices Code of British Columbia Act from the requirement of a forest development plan, or exempted under the Forest and Range Practices Act from the requirement for a forest stewardship plan; or
(c) located within a forest development unit of an approved forest stewardship plan.
8.02 For those areas of Schedule “B” Land or in timber licences under Schedule “A” Land to be included in the application under Paragraph 8.01, the Licensee must ensure that cruise and appraisal data submitted is gathered and compiled according to the appraisal manual.
8.03 An application for a cutting permit submitted under Paragraph 8.01 must:
(a) be in a form established by the District Manager;
(b) state the proposed term that does not exceed four years;
(c) include;
(i) a map to a scale acceptable to the District Manager showing the areas referred to in the application; and
(ii) the cruise data and appraisal data referred to in Paragraph 8.02; and a description acceptable to the District Manager of any timber that is reserved from cutting, removal or cutting and removal.
8.04 The areas of land shown on the map referred to in clause 8.03(c)(i) must be:
(a) the areas referred to in Subparagraph 8.01(a); or
(b) areas referred to in Subparagraph 8.01(b); or
(c) located within a forest development unit referred to in Subparagraph 8.01(c); allowing for difference in scale between maps used in the forest development plan, forest stewardship plan, or exemption and the map referred to in clause 8.03(c)(i).
8.05 Subject to Paragraphs 8.06 through 8.09 inclusive and 8.04, upon receipt of an application under Paragraph 8.01, the District Manager will issue a cutting permit to the Licensee if:
(a) there is a management plan in effect under this Licence;
(b) the District Manager is satisfied that;
(i) the requirements of Paragraphs 8.01, 8.02, 8.03 and 8.04 have been met;
(ii) activities and operations under the cutting permit will be consistent with this Licence and the management plan referred to in Subparagraph 8.05(a).
8.06 The District Manager may consult aboriginal group(s) who exercise, or claim to hold an aboriginal interest(s) or proven aboriginal right(s), including aboriginal title, or treaty right(s), if in the opinion of the District Manager, issuance of the cutting permit as submitted and/or operations under the cutting permit may result in:
(a) an impact to an aboriginal interest(s) that requires consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that may require justification.
8.07 The District Manager may impose conditions in a cutting permit to address an aboriginal interest(s), or proven aboriginal right, including aboriginal title, or a treaty right(s) if in the opinion of the District Manager, issuance of the cutting permit as submitted would result in:
(a) an impact to an aboriginal interest(s) that would require consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that would require justification.
8.08 The District Manager may refuse to issue a cutting permit if in the opinion of the District Manager issuance of the cutting permit or an amendment to a cutting permit would result in:
(a) an impact to an aboriginal interest(s) or treaty right(s) that could not be reasonably accommodated; or
(b) an impact to a proven aboriginal right(s), including aboriginal title, or a treaty right(s) that could not be justified.
8.09 If the District Manager:
(a) determines that a cutting permit may not be issued because the requirements of Paragraph 8.05 have not been met;
(b) is carrying out consultations under Paragraph 8.06; or
(c) refuses to issue a cutting permit under Paragraph 8.08; the District Manager will notify the Licensee within 45 days of the date on which the application for the cutting permit was received.
8.10 A cutting permit must:
(a) identify the boundaries of the areas of Schedule “A” or “B” Land which, subject to this Licence, the Licensee is authorized to conduct operations;
(b) specify the term stated in the application;
(c) specify a timber xxxx mark to identify all timber removed under the cutting permit;
(d) specify, for timber on Schedule “A” Land subject to a timber licence and Schedule “B” Land, whether, for the purpose of determining the amount of stumpage payable in respect of timber removed under the cutting permit, the volume or quantity of timber is to be determined using information provided by;
(i) a scale of the timber; or
(ii) a cruise of the timber conducted before the timber is cut;
(e) specify any timber that is reserved from cutting, removal, or cutting and removal; and
(f) include such other provisions, consistent with this Licence, as determined by the District Manager.
8.11 The District Manager may amend a cutting permit only with the consent of the Licensee.
8.12 The Licensee may only make application to the District Manager for a cutting permit extension at least 45 days before the expiry of the cutting permit and in a form acceptable to the District Manager.
8.13 A cutting permit is deemed to be part of this Licence.
8.14 All cutting permits in effect that were issued under the tree farm licence that is replaced by this Licence continue under this Licence for the duration of their respective terms.
Appears in 2 contracts
Samples: Tree Farm Licence, Tree Farm Licence
CUTTING PERMITS. 8.01 7.01 All cutting permits in effect under the forest licence that is replaced by this Licence continue in effect under this Licence for the duration of their respective terms.
7.02 Subject to Part 1 and Paragraph 8.02paragraph 7.04, the Licensee may submit an application to the District Manager for a cutting permit to authorize the Licensee to harvest one or more proximate areas of Schedule “A” or “B” Lands applications for the portion of the allowable annual cut available to the Licensee that are:
(a) identified on an approved forest development plan; or
(b) exempted under the Forest Practices Code of British Columbia Act from the requirement of a forest development plan, or exempted under the Forest and Range Practices Act from the requirement for a forest stewardship plan; or
(c) located within a forest development unit of an approved forest stewardship plan.
8.02 For those areas of Schedule “B” Land or in timber licences under Schedule “A” Land to be included in the application under Paragraph 8.01, the Licensee must ensure that cruise and appraisal data submitted is gathered and compiled according to the appraisal manual.
8.03 An application for a cutting permit submitted under Paragraph 8.01 must:
(a) be in a form established by the District Manager;
(b) state the proposed term that does not exceed four years;
(c) include;
(i) a map to a scale acceptable to the District Manager showing the areas referred to in the application; and
(ii) the cruise data and appraisal data referred to in Paragraph 8.02; and a description acceptable to the District Manager of any timber that is reserved from cutting, removal or cutting and removal.
8.04 The areas of land shown on the map blocks referred to in clause 8.03(c)(i) must be:
(a) the areas referred to in Subparagraph 8.01(a4.07(c)(iii); or
(b) areas referred to in Subparagraph 8.01(b); or
(c) located within a forest development unit referred to in Subparagraph 8.01(c); allowing for difference in scale between maps used , which are categorized as such in the forest development plan, forest stewardship plan, or exemption and the map referred to in clause 8.03(c)(i).
8.05 7.03 Subject to Paragraphs 8.06 through 8.09 inclusive paragraphs 7.05, 7.06, and 8.047.07, upon receipt of an a cutting permit application under Paragraph 8.01referred to in paragraph 7.02, the District Manager will issue a cutting permit to the Licensee if:if the District Manager is satisfied that the cutting permit application meets the requirements of paragraph 7.04.
7.04 A cutting permit application referred to in paragraph 7.02 must be signed and sealed by a professional forester and signed by the Licensee or the Licensee's authorized signatory and must (a) contain such information as is required by the District Manager, (b) subject to paragraph 7.09, be accompanied by a proposed logging plan, and (c) be consistent with the management plan and development plan, and the pre-harvest silviculture prescription approved for the area on which the timber to be harvested is located.
7.05 The District Manager will not issue a cutting permit under paragraph 7.03, unless: (a) subject to paragraph 7.09, the District Manager has approved the logging plan accompanying the cutting permit application, (b) the District Manager has approved a pre-harvest silviculture prescription for the area on which timber to be harvested is located, and (c) there is a management plan and development plan in effect under this Licence;
(b) the District Manager is satisfied that;
(i) the requirements of Paragraphs 8.01, 8.02, 8.03 and 8.04 have been met;
(ii) activities and operations under the cutting permit will be consistent with this Licence and the management plan referred to in Subparagraph 8.05(a)effect.
8.06 7.06 The District Manager may consult (a) resource agencies, (b) aboriginal group(s) people who exercise, or claim to hold an aboriginal interest(s) or proven aboriginal right(s), including aboriginal title, or treaty right(s), if may be carrying out sustenance activities in the opinion of planning area, (c) trappers, guide outfitters, range tenure holders, and other licensed resource users who may be operating in the planning area, and (d) other licensees who may be operating in the planning area, prior to issuing a cutting permit.
7.07 The District Manager, issuance of the Manager may delay issuing a cutting permit as submitted and/or operations under the cutting permit may result in:if he or she is satisfied that
(a) an impact the Licensee will be able to an aboriginal interest(s) that requires consideration of accommodation; or
harvest the allowable annual cut under existing cutting permits and road permits, and (b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that may require justificationthe delay will not compromise the development plan.
8.07 The District Manager may impose conditions in a cutting permit to address an aboriginal interest(s), or proven aboriginal right, including aboriginal title, or a treaty right(s) if in the opinion of the District Manager, issuance of the cutting permit as submitted would result in:
(a) an impact to an aboriginal interest(s) that would require consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that would require justification.
8.08 The District Manager may refuse to issue a cutting permit if in the opinion of the District Manager issuance of the cutting permit or an amendment to a cutting permit would result in:
(a) an impact to an aboriginal interest(s) or treaty right(s) that could not be reasonably accommodated; or
(b) an impact to a proven aboriginal right(s), including aboriginal title, or a treaty right(s) that could not be justified.
8.09 If the District Manager:
(a) determines that a cutting permit may not be issued because the requirements of Paragraph 8.05 have not been met;
(b) is carrying out consultations under Paragraph 8.06; or
(c) refuses to issue a cutting permit under Paragraph 8.08; the District Manager will notify the Licensee within 45 days of the date on which the application for the cutting permit was received.
8.10 A cutting permit must:
(a) identify the boundaries of the areas of Schedule “A” or “B” Land which, subject to this Licence, the Licensee is authorized to conduct operations;
(b) specify the term stated in the application;
(c) specify a timber xxxx to identify all timber removed under the cutting permit;
(d) specify, for timber on Schedule “A” Land subject to a timber licence and Schedule “B” Land, whether, for the purpose of determining the amount of stumpage payable in respect of timber removed under the cutting permit, the volume or quantity of timber is to be determined using information provided by;
(i) a scale of the timber; or
(ii) a cruise of the timber conducted before the timber is cut;
(e) specify any timber that is reserved from cutting, removal, or cutting and removal; and
(f) include such other provisions, consistent with this Licence, as determined by the District Manager.
8.11 The District Manager may amend a cutting permit only with the consent of the Licensee.
8.12 The Licensee may only make application to the District Manager for a cutting permit extension at least 45 days before the expiry of the cutting permit and in a form acceptable to the District Manager.
8.13 A cutting permit is deemed to be part of this Licence.
8.14 All cutting permits in effect that were issued under the tree farm licence that is replaced by this Licence continue under this Licence for the duration of their respective terms.
Appears in 1 contract
CUTTING PERMITS. 8.01 7.01 Subject to Part 1 and Paragraph 8.02paragraphs 7.02 through 7.04 inclusive, the Licensee Agreement Holder may submit an application to the District Manager for a cutting permit or for an amendment to a cutting permit to authorize the Licensee Agreement Holder to harvest timber from one or more proximate areas of Schedule “A” or “B” Lands for land within the portion Community Forest Agreement area, meeting the requirements referred to in parts 1.00 and 2.00 and the Appraisal Manual in effect on the date of submission of the allowable annual cut available application for a cutting permit, an application to the Licensee amend a cutting permit, or a road permit that are:
(a) identified on an approved forest development plan; or
(b) exempted under the Forest Practices Code of British Columbia Act from the requirement of a forest development plan, or exempted under the Forest and Range Practices Act from the requirement for a forest stewardship plan; or
(cb) located within a forest development unit of an approved forest stewardship plan.
8.02 7.02 For those areas of Schedule “B” Land or in timber licences under Schedule “A” Land to be included in the application under Paragraph 8.01paragraph 7.01, the Licensee Agreement Holder must ensure that cruise and appraisal data submitted is gathered and compiled according to the appraisal manualthat Appraisal Manual.
8.03 7.03 An application for a cutting permit submitted under Paragraph 8.01 paragraph 7.01 must:
(a) be in a form established by the District Manager;
(b) state the a proposed term that does not exceed four years;
(c) include;:
(i) a map to a scale acceptable to the District Manager showing the areas referred to in the application; and
(ii) the cruise data and appraisal data information referred to in Paragraph 8.02paragraph 7.02; and and
(iii) a description acceptable to the District Manager of any timber that is reserved from cutting, removal or cutting and removal.
8.04 7.04 The areas of land shown on the map referred to in clause 8.03(c)(i7.03 (c) (i) must be:
(a) the areas referred to in Subparagraph 8.01(asubparagraph 7.01 (a); or
(b) areas referred to in Subparagraph 8.01(b); or
(c) located within a forest development unit referred to in Subparagraph 8.01(c); subparagraph 7.01 (b) allowing for any difference in scale between maps used in the forest development plan, forest stewardship plan, or exemption and the map referred to in clause 8.03(c)(i7.03 (c) (i).
8.05 7.05 Subject to Paragraphs 8.06 paragraphs 7.06 through 8.09 inclusive 7.09 inclusive, 7.04 and 8.049.01, upon receipt of an application under Paragraph 8.01paragraph 7.01, the District Manager will issue a cutting permit to the Licensee ifAgreement Holder if the District Manager is satisfied that:
(a) there is a management plan in effect under this LicenceAgreement;
(b) the District Manager is satisfied that;
(i) the requirements of Paragraphs 8.01paragraphs 7.01, 8.027.02, 8.03 7.03, and 8.04 7.04 have been met;
(iic) the areas of land referred to in the application for the cutting permit meet the requirements referred to in Schedule “D”; and
(d) the District Manager is satisfied that activities and operations under or associated with the cutting permit will be consistent with this Licence and Agreement, higher level plans, the management plan referred to in Subparagraph 8.05(asubparagraph 7.05 (a), and any operational plans approved in respect of the areas of land referred to in the cutting permit.
8.06 7.06 The District Manager may consult aboriginal group(s) who exercise, may be exercising or claim claiming to hold an aboriginal interest(s) or proven aboriginal right(s), including aboriginal title, or treaty right(s), ) if in the opinion of the District Manager, issuance of the cutting permit or an amendment to a cutting permit as submitted and/or operations under the cutting permit may result in:
(a) an impact to an aboriginal interest(s) that requires may require consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that may require justification.
8.07 7.07 The District Manager may impose conditions in a cutting permit to address an aboriginal interest(s), or proven aboriginal right, including aboriginal title, or a treaty right(s) if in the opinion of the District Manager, issuance of the cutting permit as submitted would result in:
(a) an impact to an aboriginal interest(s) that would require consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that would require justification.
8.08 7.08 The District Manager may refuse to issue a cutting permit or to amend a cutting permit if in the opinion of the District Manager issuance of the cutting permit or an amendment to a cutting permit would result in:
(a) an impact to an aboriginal interest(s) or treaty right(s) that could not be reasonably accommodated; or
(b) an impact to a proven aboriginal right(s), including aboriginal title, or a treaty right(s) that could not be justified.
8.09 7.09 If the District Manager:
(a) determines that a cutting permit may not be issued because the requirements of Paragraph 8.05 paragraph 7.05 have not been met;
(b) is carrying out consultations under Paragraph 8.06paragraph 7.06; or
(c) refuses to issue a cutting permit under Paragraph 8.08paragraph 7.08; the District Manager will notify the Licensee Agreement Holder within 45 days of the date on which the application for the cutting permit, or an amendment to the cutting permit was received.
8.10 7.10 A cutting permit must:
(a) identify the boundaries of within the areas of Schedule “A” or “B” Land Community Forest Agreement area upon which, subject to this LicenceAgreement and the forestry legislation, the Licensee Agreement Holder is authorized to conduct operations;
(b) specify the term stated in the application;
(c) specify a timber xxxx mark to identify all be used in conjunction with the timber removed removal carried on under the cutting permit;
(d) specify, for timber on Schedule “A” Land subject to a timber licence and Schedule “B” Land, specify whether, for the purpose of determining the amount of stumpage payable in respect of timber removed under the cutting permit, the volume or and quantity of timber is to be determined using information provided by;:
(i) a scale of the timber; or
(ii) a cruise of the timber conducted before the timber is cut;
(e) specify any timber that is reserved from cutting, removal, or cutting and removal; and
(f) include such other provisions, consistent with this LicenceAgreement, as determined by the District Manager.
8.11 7.11 The District Manager may amend a cutting permit only with the consent of the LicenseeAgreement Holder.
8.12 7.12 The Licensee Agreement Holder may only make application to the District Manager for a cutting permit extension at least 45 days before the expiry of the cutting permit and in a form acceptable to the District Manager.
8.13 7.13 A cutting permit is deemed to be part of this LicenceAgreement.
8.14 All cutting permits in effect that were issued under the tree farm licence that is replaced by this Licence continue under this Licence for the duration of their respective terms.
Appears in 1 contract
CUTTING PERMITS. 8.01 Subject to Part 1 and Paragraph 8.02, the Licensee may submit an application to the District Manager for a cutting permit to authorize the Licensee to harvest one or more proximate areas of Schedule “A” or “B” Lands for the portion of the allowable annual cut available to the Licensee that are:
(a) identified on an approved forest development plan; or
(b) exempted under the Forest Practices Code of British Columbia Act from the requirement of a forest development plan, or exempted under the Forest and Range Practices Act from the requirement for a forest stewardship plan; or
(c) located within a forest development unit of an approved forest stewardship plan.
8.02 For those areas of Schedule “B” Land or in timber licences under Schedule “A” Land to be included in the application under Paragraph 8.01, the Licensee must ensure that cruise and appraisal data submitted is gathered and compiled according to the appraisal manual.
8.03 An application for a cutting permit submitted under Paragraph 8.01 must:
(a) be in a form established by the District Manager;
(b) state the proposed term that does not exceed four years;
(c) include;
(i) a map to a scale acceptable to the District Manager showing the areas referred to in the application; and
(ii) the cruise data and appraisal data referred to in Paragraph 8.02; and a description acceptable to the District Manager of any timber that is reserved from cutting, removal or cutting and removal.
8.04 The areas of land shown on the map referred to in clause 8.03(c)(i) must be:
(a) the areas referred to in Subparagraph 8.01(a); or
(b) areas referred to in Subparagraph 8.01(b); or
(c) located within a forest development unit referred to in Subparagraph 8.01(c); allowing for difference in scale between maps used in the forest development plan, forest stewardship plan, or exemption and the map referred to in clause 8.03(c)(i).
8.05 Subject to Paragraphs 8.06 through 8.09 inclusive and 8.04, upon receipt of an application under Paragraph 8.01, the District Manager will issue a cutting permit to the Licensee if:
(a) there is a management plan in effect under this Licence;
(b) the District Manager is satisfied that;
(i) the requirements of Paragraphs 8.01, 8.02, 8.03 and 8.04 have been met;
(ii) activities and operations under the cutting permit will be consistent with this Licence and the management plan referred to in Subparagraph 8.05(a).
8.06 The District Manager may consult aboriginal group(s) who exercise, or claim to hold an aboriginal interest(s) or proven aboriginal right(s), including aboriginal title, or treaty right(s), if in the opinion of the District Manager, issuance of the cutting permit as submitted and/or operations under the cutting permit may result in:
(a) an impact to an aboriginal interest(s) that requires consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that may require justification.
8.07 The District Manager may impose conditions in a cutting permit to address an aboriginal interest(s), or proven aboriginal right, including aboriginal title, or a treaty right(s) if in the opinion of the District Manager, issuance of the cutting permit as submitted would result in:
(a) an impact to an aboriginal interest(s) that would require consideration of accommodation; or
(b) an infringement of a proven aboriginal right(s), including aboriginal title, or treaty right(s) that would require justification.
8.08 The District Manager may refuse to issue a cutting permit if in the opinion of the District Manager issuance of the cutting permit or an amendment to a cutting permit would result in:
(a) an impact to an aboriginal interest(s) or treaty right(s) that could not be reasonably accommodated; or
(b) an impact to a proven aboriginal right(s), including aboriginal title, or a treaty right(s) that could not be justified.
8.09 If the District Manager:
(a) determines that a cutting permit may not be issued because the requirements of Paragraph 8.05 have not been met;
(b) is carrying out consultations under Paragraph 8.06; or
(c) refuses to issue a cutting permit under Paragraph 8.08; the District Manager will notify the Licensee within 45 days of the date on which the application for the cutting permit was received.
8.10 A cutting permit must:
(a) identify the boundaries of the areas of Schedule “A” or “B” Land which, subject to this Licence, the Licensee is authorized to conduct operations;
(b) specify the term stated in the application;
(c) specify a timber xxxx to identify all timber removed under the cutting permit;
(d) specify, for timber on Schedule “A” Land subject to a timber licence and Schedule “B” Land, whether, for the purpose of determining the amount of stumpage payable in respect of timber removed under the cutting permit, the volume or quantity of timber is to be determined using information provided by;
(i) a scale of the timber; or
(ii) a cruise of the timber conducted before the timber is cut;
(e) specify any timber that is reserved from cutting, removal, or cutting and removal; and
(f) include such other provisions, consistent with this Licence, as determined by the District Manager.
8.11 The District Manager may amend a cutting permit only with the consent of the Licensee.
8.12 The Licensee may only make application to the District Manager for a cutting permit extension at least 45 days before the expiry of the cutting permit and in a form acceptable to the District Manager.
8.13 A cutting permit is deemed to be part of this Licence.
8.14 5.01 All cutting permits in effect that were issued under the tree farm licence that is replaced by this Licence continue in effect under this Licence for the duration of their respective terms.
5.02 Subject to paragraph 5.04, the Licensee may submit cutting permit applications for (a) cut blocks referred to in clause 4.07(e)(iii), and (b) cut blocks referred to in clause 4.07(e)(iv), if for any reason cut blocks referred to clause 4.07(e)(iii) cannot be harvested, to enable the Licensee to harvest timber from the Licence Area in accordance with the cut control provisions of the Forest Act.
5.03 Subject to paragraphs 5.05 and 5.06, upon receipt of cutting permit applications referred to in paragraph 5.02, the District Manager will issue cutting permits to the Licensee for (a) cut blocks referred to in clause 4.07(e)(iii), and (b) cut blocks referred to in clause 4.07(e)(iv), if for any reason cut blocks referred to clause 4.07(e)(iii) cannot be harvested, if the District Manager is satisfied that the cutting permit application meets the requirements of paragraph 5.04.
5.04 A cutting permit application referred to in paragraph 5.02 must
5.05 The District Manager will not issue a cutting permit under paragraph 5.03 unless (a) subject to an exemption referred to in subparagraph 5.18(b), the District Manager has approved a pre-harvest silviculture prescription for the area on which the timber to be harvested is located, and (b) there is a management plan and development plan in effect under this Licence.
5.06 The District Manager may delay issuing a cutting permit if he or she is satisfied that (a) the Licensee will be able under existing cutting permits and road permits to harvest that portion of the allowable annual cut available to the Licensee, and (b) the delay will not compromise the management plan and development plan in effect under this Licence.
5.07 Where the District Manager (a) is not satisfied that a cutting permit application meets the requirement of paragraph 5.04, (b) is prohibited under paragraph 5.05 from issuing a cutting permit, or (c) is delaying issuing the cutting permit under paragraph 5.06, the District Manager will give the Licensee a notice to that effect within two months after the date on which the cutting permit application is submitted.
5.08 The District Manager may (a) exempt the Licensee from the requirement under paragraph 5.04(c) to submit a logging plan with a cutting permit application, and (b) issue a cutting permit before approving a logging plan however, where a cutting permit is issued prior to the approval of the logging plan, the Licensee will not commence operations under the cutting permit until a logging plan has been submitted and approved.
5.09 At the request or with the consent of the Licensee, the District Manager may at any time (a) amend an existing cutting permit, or (b) issue a cutting permit, to authorize the Licensee to harvest wind thrown, dead, damaged, infested or diseased timber within the Licence Area.
5.10 A cutting permit must (a) subject to this Licence and the Forest Act, authorize timber to be harvested in accordance with the provisions of the cutting permit from proximate cut blocks located within the Licence Area, (b) be consistent with (i) this Licence,
5.11 Subject to paragraphs 5.12, 5.13 and 5.14, the District Manager may amend a cutting permit only at the request or with the consent of the Licensee.
5.12 A cutting permit that does not comply with the requirements of paragraph 5.10 is not void, however, (a) on the request of the Licensee, or (b) on one month notice to the Licensee,
5.13 The District Manager may, in a notice given to the Licensee, extend the term of a cutting permit.
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