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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1108/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1108/96

Cutting of Timber Regulations
under the
Forestry Act
(O.C. 96‑937)

Under the authority of section 38 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Prohibition

        4.   Domestic cutting permit

        5.   Permit expiry

        6.   Legally obtained timber

        7.   Presumption

        8.   On site inspection

        9.   Cutting prohibited

      10.   Boundaries to be described

      11.   Harvest of mature stands

      12.   Utilization of trees

      13.   Stumps

      14.   Harvest for sawlogs

      15.   Harvest of pulpwood

      16.   Conditions to be met

      17.   Harvest of immature stand

      18.   Timber to be removed

      19.   No additional rights created

      20.   Harvestable volume

      21.   Restoration of work areas

      22.   Residual volumes

      23.   Cutting of sawlogs

      24.   Permit return

      25.   Acquisition of timber

      26.   Security bond

      27.   Timber purchase licence

      28.   Timber export permit

      29.   Return

      30.   Permits and licences

      31.   Fees

      32.   Cancellation of permit or licence

      33.   Licence or permit not issued

      34.   Consequence of breach

      35.   Minister may refuse permit or licence

      36.   Offence and penalty

      37.   Repeal


Short title

        1. These regulations may be cited as the Cutting of Timber Regulations.

163/93 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Forestry Act;

             (b)  "commercial cutting permit" means a permit issued under these regulations to cut timber for sale or barter;

             (c)  "commercial cutting permit return" means a form showing the total of all volumes cut and royalty owing for each of the prescribed 3 month periods ending June 30, September 30, December 31 and March 31 of the fiscal year in accordance with a commercial cutting permit;

             (d)  "Crown timber" means timber that has not been alienated from the Crown and includes timber in respect of which the Crown may demand and receive a royalty;

             (e)  "Crown timber licence" means a licence issued under section 15 of the Act;

              (f)  "cut" means to fell, uproot, remove or otherwise damage timber from Crown lands or public lands;

             (g)  "cutting permit" means either a "commercial cutting permit" or "domestic cutting permit";

             (h)  "department" means the Department of Forestry and Agrifoods;

              (i)  "domestic cutting permit" means a permit issued under these regulations to cut up to 36 cubic metres stacked of timber for personal use and not for sale, barter or gift;

              (j)  "domestic return" means a signed declaration of the volume of timber cut under a domestic cutting permit;

             (k)  "immature stand" means a stand of timber where less than 50% of the timber is merchantable timber;

              (l)  "merchantable tree" means a live tree having a diameter outside bark of 9 centimetres or greater at a point 1.3 metres above mean ground level and is greater than 40 years old measured at the same point;

            (m)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (n)  "pulpwood" means that portion of a tree unsuitable for a sawlog that can yield a piece of wood with a top diameter 8 centimetres or greater outside bark and of a length specified in the cutting permit with defects within the limits prescribed by the Timber Scaling Regulations;

             (o)  "purchase" means to acquire by payment of money or by barter;

             (p)  "royalty" means a fee paid to the Crown for use of the forest resource;

             (q)  "sawlog" means a portion of a tree that can yield as measured in accordance with the Manual of Scaling Instructions of the Province of Newfoundland, a log 2.5 metres or more in length and an equivalent net top diameter, after deduction for cull and defects of 12 centimetres or more inside bark;

              (r)  "timber purchase licence" means a licence issued under section 34 of the Act; and

             (s)  "timber sale agreement" means an agreement entered into under section 22 of the Act.

163/93 s2

Prohibition

        3. (1) A person shall not cut Crown timber for sale or barter without a commercial cutting permit, a timber sale agreement or a Crown timber licence.

             (2)  A person shall not cut Crown timber for personal use without a domestic cutting permit.

             (3)  Every holder of a cutting permit shall comply with the terms and conditions stated on the permit, and the provisions of these regulations and the Act.

163/93 s3

Domestic cutting permit

        4. (1) An applicant for a domestic cutting permit must be 18 years of age or older unless it can be demonstrated that the applicant is the head of a household.

             (2)  Only one domestic cutting permit may be issued per household per year unless otherwise approved by the minister in consideration of the following:

             (a)  a documented one‑time‑only extraordinary requirement for one additional permit; or

             (b)  where it can be demonstrated that one permit will not meet the household firewood needs.

163/93 s4

Permit expiry

        5. (1) Unless otherwise stated, all Crown timber licences and cutting permits shall expire on March 31 following the date of issue or when the permit volume has been reached, whichever occurs first.

             (2)  A forestry official may designate the effective starting date of a cutting permit or Crown timber licence.

163/93 s5

Legally obtained timber

        6. (1) A person in the possession of timber must be able to demonstrate that the timber was legally obtained

             (a)  from Crown land by referencing the cutting permit, Crown timber licence, timber purchase licence or timber sale agreement and the cutting area;

             (b)  from private land by referencing proof of land ownership or the written permission of the owner; or

             (c)  by purchase from the holder of a commercial cutting permit, Crown timber licence, timber purchase licence, timber sale agreement or from private land, by showing a receipt containing the name and address of the seller and describing the title the seller had to the timber.

             (2)  Failure to supply this information within 48 hours shall be an offence.

163/93 s6

Presumption

        7. For the purpose of these regulations, timber within 100 metres of a highway and not enclosed by a fence shall be treated as Crown timber.

163/93 s7

On site inspection

        8. (1) Unless otherwise stated in the cutting permit, a cutting permit must be available for inspection by a forestry official at the harvesting site.

             (2)  Failure to provide the permit for immediate on site inspection shall be an offence.

163/93 s8

Cutting prohibited

        9. A person may not cut timber in areas designated as no cutting areas or in silviculturally treated areas.

163/93 s9

Boundaries to be described

     10. A cutting permit may not be granted unless the boundaries of the cutting area have been identified on the ground and reproduced on a map which shall accompany the cutting permit.

163/93 s10

Harvest of mature stands

     11. Unless otherwise specified in a cutting permit, timber sale agreement or Crown timber licence, all mature stands within the cutting boundary as stated in a cutting permit, timber sale agreement or Crown timber licence shall be harvested

             (a)  if they contain a gross merchantable volume of 60 m3/ha or greater of the species or species group identified; and

             (b)  if the slope of the area is less than or equal to 40%.

163/93 s11

Utilization of trees

     12. Unless otherwise specified in the cutting permit, the holder of a cutting permit shall utilize all portions of trees to a top diameter of 8 centimetres outside bark.

163/93 s12

Stumps

     13. Unless otherwise specified in the cutting permit, stumps shall be as low as can be conveniently cut and shall not exceed 15 centimetres in height.

163/93 s13

Harvest for sawlogs

     14. Unless otherwise specified in the cutting permit, the permit holder must harvest all timber suitable for sawlogs as sawlogs.

163/93 s14

Harvest of pulpwood

     15. (1) Unless otherwise specified in the cutting permit, pulpwood shall be harvested provided that it does not contain the following defects:

             (a)  heart rot or clean holes that are more than one‑half the diameter inside bark on either end;

             (b)  red stain (soft) shall not exceed one‑half the diameter inside bark on either end; or

             (c)  advanced sap rot

                      (i)  shall not be evident on less than 18 centimetres top diameter outside bark,

                     (ii)  shall not be more than one centimetre on pulpwood with a top diameter outside bark from 18 centimetres to 25 centimetres,

                    (iii)  shall not be more than 2 centimetres on pulpwood over 25 centimetres top diameter outside bark.

             (2)  Where excessive cull is encountered in pulpwood, it shall be removed in lengths not to exceed 0.5 metres until the pulpwood does not contain the defects described in subsection 15(1).

163/93 s15

Conditions to be met

     16. All conditions under sections 12, 13, 14 and 15 must be met as individual trees are harvested.

163/93 s16

Harvest of immature stand

     17. A holder of a cutting permit shall not harvest an immature stand of timber

             (a)  without having first obtained permission in writing to do so from the minister or a forestry official; or

             (b)  unless the immature stand is less than 2 hectares in area and constitutes a minor part of a larger mature stand that is permitted to be harvested.

163/93 s17

Timber to be removed

     18. All timber cut shall be removed from the cutting area to a roadway while harvesting operations are in progress unless otherwise specified in the cutting permit.

163/93 s18

No additional rights created

     19. A person who cuts Crown timber, whether under a Crown timber licence, a cutting permit or otherwise, shall not have a right of property in timber which has not been removed from Crown lands to a place under private ownership or control under the terms of the cutting permit or Crown timber licence.

163/93 s19

Harvestable volume

     20. (1) Forest land required for a road right of way, landing, borrow pit or other use requiring clearing shall be logged of all merchantable timber under a commercial cutting permit before construction commences.

             (2)  Forestry officials shall determine the harvestable volume for each of the conditions in subsection (1).

             (3)  The volume determined under subsection (2) shall be considered to be the minimum volume harvested for royalty rates.

163/93 s20

Restoration of work areas

     21. All bulldozed timber storage areas and temporary access routes to these areas shall, after the operation has ceased, be levelled taking care to leave topsoil and to leave the area in the condition that a forestry official may instruct.

163/93 s21

Residual volumes

     22. (1) The residual volume of timber, both standing and on the ground within the boundaries of the cutting area remaining after harvesting, shall not exceed 6 m3/ha of the species or the species group identified.

             (2)  An additional royalty shall be assessed against the permit or licence holder for residual volumes exceeding the limit in the amount of twice the royalty rate for pulpwood, in the government accessed category, with no deductions, according to Schedule A of the Timber Royalty Regulations, multiplied by the volume in excess of 6 m3/ha.

163/93 s22

Cutting of sawlogs

     23. (1) Where a domestic cutting permit is requested to allow cutting of sawlogs, the applicant must provide specific reference as to the intended use of the lumber and in addition provide verification through inspection of the use of lumber from previous permits.

             (2)  If the conditions of subsection (1) cannot be met or if in the opinion of the forestry officer the stated use is unreasonable, the cutting permit shall not be issued.

163/93 s23

Permit return

     24. The holder of a domestic cutting permit must make a permit return when the permit volume has been reached or immediately following the date of expiry, whichever occurs first.

163/93 s24

Acquisition of timber

     25. A person may not purchase or otherwise acquire timber cut on Crown lands or public land for subsequent sale or barter or for processing into a product which is intended to be sold or bartered except under a licence issued in accordance with this Act and the regulations.

163/93 s25

Security bond

     26. (1) The minister or a designated forestry official may require that the applicant for a timber purchase licence post a security bond in an amount prescribed by the minister or the forestry official to provide security for the payment of royalties under the Act and regulations.

             (2)  Upon payment of royalties under the Act and regulations, the security bond shall be returned to the holder of the timber purchase licence.

             (3)  If royalties under the Act and regulations are not paid when due and owing, the minister may look to the security bond for payment.

             (4)  Realization of security shall not affect liability to pay the balance of the royalty or another remedy available to the Crown to enforce payment.

163/93 s26

Timber purchase licence

     27. The holder of a timber purchase licence shall

             (a)  sign and submit to the district forestry office forms prescribed by the department, showing for each transaction

                      (i)  the volume and form of timber purchased,

                     (ii)  the seller's name and address,

                    (iii)  the seller's cutting permit or Crown timber licence number,

                    (iv)  the location where the timber was harvested, and

                     (v)  scaler's name and licence number; and

             (b)  forward to the district forestry office on or before the 20th of each month following a month during which the licence is outstanding copies of all receipts issued, together with all amounts of royalty collected during the previous month.

163/93 s27

Timber export permit

     28. (1) A person shall not export timber from the province without having first obtained a timber export permit.

             (2)  The minister or a forestry official may issue a timber export permit in a form prescribed by the minister containing the terms and conditions that the minister or the forestry official shall determine.

163/93 s28

Return

     29. The holder of a cutting permit or Crown timber licence, under which royalty is payable, shall make a return in accordance with the return forms prescribed by the minister.

163/93 s29

Permits and licences

     30. (1) Cutting permits and timber purchase licences issued under these regulations shall contain the information and be in a form prescribed by the minister.

             (2)  Cutting permits and licence returns shall contain the information and shall be made at the times as the forms of the cutting permit or licence may specify.

163/93 s30

Fees

     31. Fees for cutting permits and licences issued under these regulations shall be prescribed by the minister.

163/93 s31

Cancellation of permit or licence

     32. A cutting permit or licence may be cancelled by the minister or a forestry official if the holder of the permit contravenes the conditions of the permit, licence, these regulations or the Act.

163/93 s32

Licence or permit not issued

     33. A new cutting permit or licence shall not be issued while any required information, royalty, penalty or fee has not been submitted, paid or returned to the minister.

163/93 s33

Consequence of breach

     34. A breach of the provisions of the Act or these regulations may result in refusal on the part of a forestry official to issue a cutting permit or licence.

163/93 s34

Minister may refuse permit or licence

     35. Notwithstanding section 27 of the Act, the minister retains the right not to issue a cutting permit or licence.

163/93 s35

Offence and penalty

     36. A person who contravenes section 3, 8, 12 or 13 is guilty of an offence and is liable

             (a)  where the summons is issued by means of a violation ticket, on the first conviction, to a fine of $75 or in default of payment of the fine to imprisonment for 3 days and on each subsequent conviction, to a fine of $150 or in default of payment, to imprisonment for 6 days; or

             (b)  on summary conviction where the summons is issued other than by means of a violation ticket, on the first offence, to a fine of not less than $500 and in the case of a subsequent offence, to a fine of not less than $1,000 and in either case in default of payment, to imprisonment for a term not exceeding 3 months.

163/93 s36

Repeal

      37. The Cutting of Timber Regulations, Newfoundland Regulation 163/93, are repealed.