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Consolidated Newfoundland Regulation 1996
Under the authority of section 76 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.
1. Short title
4. Application for certificate
5. Order of consolidation
6. Annual report
7. Current information required
8. Submission by applicant
9. Annual assessment roll
10. Managed land tax
11. Unmanaged land tax
12. Initial unmanaged land tax
14. Penalty for incomplete plan
15. Refund of overpayment
16. Interest on refund
17. Certificate of managed land
1. These regulations may be cited as the
2. In these regulations
(a) "Act" means the Forestry Act;
(b) "annual tax rate" means a rate determined annually by the Lieutenant‑Governor in Council taking into consideration the average fixed and variable costs of forest fire detection and suppression and the fixed costs of insect and disease protection, as determined by the minister, during the 5 year period immediately before the year of taxation, in relation to the total land area of the province, exclusive of waterbodies greater than 2 hectares;
(c) "fair market value" means, for purposes of these regulations, an amount to be approved annually by the Lieutenant‑Governor in Council and calculated by multiplying the average gross merchantable volume of all merchantable trees growing on a hectare of productive forest land, as determined from the most recent Newfoundland Forest Service inventory of the province's forest resources, by the prevailing royalty rate for pulpwood obtained from areas not serviced by a government owned access road;
(d) "forest management plan" means a plan designed to organize timber harvesting, renewal and protection activities so as to provide for an optimum continuous supply of timber in a manner consistent with other resource management objectives, sound environmental practices and the principle of sustainable development and containing the following 3 documents:
(i) a 20 year management plan report,
(ii) a 5 year operating plan, and
(iii) an annual operating plan;
(e) "gross merchantable timber volume" means the volume of the main stem of a merchantable tree excluding allowance for a 15.0 centimetre stump and a top diameter of 8.0 centimetres;
(f) "managed land" means a parcel of
land that is certified by the minister as managed land under Part
(g) "merchantable tree" means a tree having an outside bark diameter of 9.0 centimetres or greater at a point 1.3 metres above mean ground level;
(h) "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 same person or from which that person derives a continuing benefit from having the trees cut and removed on his or her behalf and which is wholly contained within one forest management district; and
(i) "productive forest" means an area of forest land producing or capable of producing, at rotation age and under natural conditions, a forest stand containing a minimum merchantable timber volume of 30 cubic metres (solid) per hectare.
3. Persons holding a parcel of land 120 hectares and greater with at least 75% being actively managed for purposes not compatible with timber production shall be exempt from the provisions of the regulations.
Application for certificate
4. An application for a certificate of managed land shall be in the form prescribed by the minister.
Order of consolidation
5. An order of consolidation issued by the minister under section 44 of the Act shall be in the form prescribed by the minister.
6. The annual report by the holder of a certificate of managed land under section 46 of the Act and documents constituting a forest management plan shall contain appropriate information presented in appropriate form by these dates as may be required by the Newfoundland Manual of Forest Management Plan Requirements issued under authority of the minister.
Current information required
7. When preparing a forest management plan, or parts of it, the most recent land area and timber volume statistics and forest cover type maps produced by the Newfoundland Forest Service must be used.
Submission by applicant
8. An applicant for a certificate of managed land under sections 42 and 43 of the Act shall prepare and submit to the minister either
(a) a forest management plan, where the applicant has the sole and exclusive right to cut and remove trees from a forest management district proclaimed under subsection 7(1) of the Act or who is vested with a continuing benefit from having those trees cut and removed on his or her behalf; or
(b) a 5 year operating plan, where the applicant is one of 2 or more applicants having a right to cut and remove trees from a forest management district proclaimed under subsection 7(1) of the Act or who is vested with a continuing benefit from having those trees cut and removed on his or her behalf.
Annual assessment roll
9. (1) The assessor shall prepare and complete the annual assessment roll according to the requirements of section 52 of the Act on or before October 31 for the 1991 assessment roll and on or before June 30 for each year after that.
(2) The annual assessment roll shall, in addition to the matters specified in section 52 of the Act, specify the managed land status of each parcel or part of a parcel.
Managed land tax
10. If a parcel or part of a parcel is managed land, the managed land tax shall be calculated by multiplying the total area of the parcel, or part of it, exclusive of waterbodies greater than 2 hectares, by the annual tax rate approved by the Lieutenant‑Governor in Council.
Unmanaged land tax
11. If a parcel is not managed land, the unmanaged land tax shall be calculated by multiplying the productive forest area of the parcel, in hectares, by
(a) 5% of the fair market value per hectare;
(b) 10% of the fair market value per hectare if the parcel is not managed land for 2 consecutive years; or
(c) 20% of the fair market value per hectare if the parcel is not managed for 3 or more consecutive years.
Initial unmanaged land tax
12. (1) Where part of a parcel is considered or declared not managed land for the first time, the unmanaged land tax shall be calculated by multiplying the productive forest area of the part, in hectares, by the fair market value per hectare.
(2) If part of a parcel is not managed land, for 2 or more consecutive years, the unmanaged land tax shall be calculated by multiplying the productive forest area of the part, in hectares, by
(a) 2 times the fair market value per hectare if the part is not managed land for 2 consecutive years; or
(b) 3 times the fair market value per hectare if the part is not managed land for 3 or more consecutive years.
(3) The total unmanaged land tax for a parcel payable under this section shall not exceed that payable under section 11.
13. (1) Interest shall be levied upon a sum due at the rate of 1.2% compounded per month or part of a month from the date the sum is required to be paid to the date of payment.
(2) Interest shall not be levied for a month in which the sum due is less than $100.
Penalty for incomplete plan
14. (1) For each full calendar week that a forest management plan or specified parts of a forest management plan is overdue, a penalty of $1,000 shall be assessed by the minister.
(2) Where a forest management plan is not accepted by the minister as being incomplete in form or content, it shall be returned to the applicant with a notice describing the deficiencies and the applicant shall be allowed 2 calendar weeks to correct the deficiencies.
(3) If a forest management plan is not accepted by the minister and is not resubmitted within the time allowed under subsection (2), it shall be overdue under subsection (1) and the penalty under it shall be assessed.
Refund of overpayment
15. (1) Where a person has paid to the Crown an amount which exceeds the amount required to be paid, that person may apply in writing to the Minister of Finance for a refund of the overpayment.
(2) An application for refund shall be supported by the relevant facts, documentation or information as the Minister of Finance may request.
(3) Upon verification of an application for refund, the Minister of Finance shall pay the verified amount of overpayment to the person to whom the refund is due.
(4) A refund shall not be paid under this section where the amount of refund is less than $10.
Interest on refund
16. (1) Where the Minister of Finance issues a refund under section 15, he or she shall, at the same time, pay interest on the amount of the refund at the rate of 0.7% compounded per month from the date the application is received to the date the refund is approved.
(2) Where the Minister of Finance issues a refund of tax resulting from a review or appeal of an assessment, interest shall be paid to the taxpayer at the rate specified in subsection (1) from the date the assessment or part of the assessment was paid to the date the refund is approved.
(3) Interest shall not be paid under this section when the amount of refund is less than $100.
Certificate of managed land
17. A certificate of managed land issued by the minister under section 46 of the Act shall
(a) be in a form prescribed by the minister; and
(b) be valid for a minimum of one year and a maximum of 5 years.
18. The Forest Land Management and Taxation Regulations, Newfoundland Regulation 211/91, are repealed.
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