46

 


First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 46

AN ACT TO AMEND THE FORESTRY ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE EDWARD J. BYRNE

Minister of Natural Resources

Ordered to be printed by the Honourable House of Assembly

 


EXPLANATORY NOTES

Clause 1 of the Bill would add the definition of the word "parcel" to section 2 of the Forestry Act.

Clause 2 of the Bill would add a subsection 6(3) to the Act to allow a variation in the annual allowable cut of timber provided that the average cut over a 5 year period remains as approved by the Lieutenant-Governor in Council for that period.

Clause 3 of the Bill would add a subsection 9(2) to the Act to allow the minister to combine parcels for the purpose of establishing an annual allowable cut of timber.

Clause 4 of the Bill would add a subsection 12.1 to the Act to allow the minister to direct the sale of timber cut from lands acquired by the Crown under an exchange agreement.

Clause 5 of the Bill would add a subsection 15(2) to the Act to allow the minister to impose a first offer refusal system for the sale of timber cut under a Crown timber licence.

Clause 6 of the Bill would add a subsection 22(2) to the Act to allow the minister to impose a first offer refusal system for the sale of timber cut under a timber sale agreement.

Clause 7 of the Bill would add a subsection 27(8) to the Act to allow the minister to impose a first offer refusal system for the sale of timber cut under a cutting permit

Clause 8 of the Bill would add a regulatory section 38.1 to the Act to allow the minister to make regulations respecting a right of first refusal system as referred to at clauses 4, 5 and 6 and respecting the directed sale of timber as referred to in clause 4.

Clause 9 of the Bill would amend the definition of the word "parcel" in paragraph 39(d) of the Act so as to distinguish its application to Part III of the Act from the general application of the definition added under clause 1.


A BILL

AN ACT TO AMEND THE FORESTRY ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Timber resource analysis

        3.   S.9 Amdt.
Annual allowable cut

        4.   S.12.1 Added
Directed sale

        5.   S.15 Amdt.
Crown timber licence

        6.   S.22 Amdt.
Timber sale agreement

        7.   S.27 Amdt.
Cutting permit

        8.   S.38.1 Added
Regulations by minister

        9.   S.39 Amdt.
Definitions


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23
as amended

        1. Section 2 of the Forestry Act is amended by adding immediately after paragraph (m) the following:

         (m.1)  "parcel" means a block, lot or area of land or some combination of blocks, lots or areas of land, however acquired, of 120 hectares or more in extent to which the right to cut and remove trees is vested in the Crown or a person, or from which the Crown or person derives a continuing benefit from having the trees cut and removed on their behalf and which is wholly contained within one forest management district;

 

        2. Section 6 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  Notwithstanding subsection 14(2) and that an annual allowable cut has been determined in accordance with section 9 for each year of a 5 year timber resource analysis period indicated under subsection (1), the minister may permit the cutting of timber within a forest management district or with respect to a combination of parcels under subsection 9(2) in excess of the annual allowable cut for that district or combination, provided that the total allocation of timber for that district or combination over the 5 year period covered by the timber resource analysis does not exceed the total of the annual allowable cut approved under subsection (2) for that 5 year period.

 

        3. Section 9 of the Act is amended by renumbering it as subsection 9(1) and by adding immediately after that subsection the following:

             (2)  Notwithstanding subsection (1), the minister may combine parcels from 2 or more forest management districts for the purpose of determining an annual allowable cut for those combined parcels.

 

        4. The Act is amended by adding immediately after section 12 the following:

Directed Sale

   12.1 Where the minister issues

             (a)  a cutting permit;

             (b)  a Crown timber licence under section 15; or

             (c)  enters into a timber sale agreement under section 22

with respect to land acquired by the Crown under section 12, the minister may, in accordance with regulations made under section 38.1, direct the holder of that permit or licence or a party to that agreement to sell timber cut from that land, or products of that timber, to a person who was a party to the land exchange or transfer of timber cutting rights which was authorized under section 12.

 

        5. Section 15 of the Act is amended by renumbering it as subsection 15(1) and by adding immediately after that subsection the following:

             (2)  The minister may, in accordance with the regulations made under section 38.1, direct that timber cut under a Crown timber licence be first offered for sale to a party specified by the minister.

 

        6. Section 22 of the Act is amended by renumbering it as subsection 22(1) and by adding immediately after that subsection the following:

             (2)  The minister may, in accordance with the regulations made under section 38.1, direct that timber cut under a timber sale agreement be first offered for sale to a party specified by the minister.

 

        7. Section 27 of the Act is amended by adding immediately after subsection (7) the following:

             (8)  The minister may, in accordance with the regulations made under section 38.1, direct that timber cut under a cutting permit be first offered for sale to a party specified by the minister.

 

        8. The Act is amended by adding immediately after section 38 the following:

Regulations by minister

   38.1 The minister may make regulations

             (a)  respecting a first offer refusal system that would apply to the sale of timber under a Crown timber licence, timber sale agreement or cutting permit issued or made under this Part;

             (b)  establishing the terms and conditions that the minister may add to a Crown timber licence, timber sale agreement or cutting permit with respect to first offer refusals for the sale of timber;

             (c)  respecting the manner in which a first offer refusal system is to be operated;

             (d)  determining the times, situations, areas and to whom paragraphs (a), (b) and (c) will apply;

             (e)  respecting a directed sale of timber under section 12.1;

              (f)  establishing the terms and conditions that the minister may add to a Crown timber licence, timber sale agreement or cutting permit with respect to a directed sale of timber under section 12.1;

             (g)  respecting the manner in which a directed sale of timber under section 12.1 is to operate; and

             (h)  determining the times, situations, areas and to whom paragraphs (e), (f) and (g) will apply.

 

        8. Paragraph 39(d) of the Act is amended by adding immediately after the word "means" a comma and the words and comma "notwithstanding paragraph 2(m.1),".