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Statutes of Newfoundland 1993

CHAPTER 42

CHAPTER 42

AN ACT TO AMEND THE FORESTRY ACT

(Assented to December 17, 1993)

Analysis

1. S.2 Amdt.
Definitions

2. S.6 Amdt.
Timber resource analysis

3. S.14 Amdt.
Right to cut Crown timber

4. S.21 Amdt.
Timber excluded from agreement

5. S.25 Amdt.
Terms of agreement

6. S.27 Amdt.
Cutting permit

7. S.28 Amdt.
Provisions of permit

8. S.29 Amdt.
Royalty payable

9. S.31 Amdt.
Lien on timber

10. S.32 Amdt.
Seizure of timber

11. S.36 Amdt.
Timber harvesting standards

12. S.38 Amdt.
Regulations

13. S.43 Amdt.
Order re: managed land

14. S.50 Amdt.
Annual return

15. S.56 Amdt.
Assessment notice

16. S.63 Amdt.
Liability for tax

17. S.76 Amdt.
Regulations

18. S.84 Amdt.
Recovery of fees

19. S.85 Amdt.
Offence

20. S.88 Amdt.
Measures to protect forests

21. S.100 Amdt.
Where forest fire occurs

22. S.102 Amdt.
Woods operation

23. S.109 Amdt.
Regulations

24. S.112 Amdt.
Definitions

25. S.118 Amdt.
Regulations

26. S.141 Amdt.
Regulations

27. S.143 Amdt.
Officer may seize timber, etc.

28. S.147 Amdt.
Cutting trees near a highway

29. S.149 Amdt.
Power of arrest

30. S.154 Amdt.
Violation ticket

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

RSN 1990 cF-23 as amended

1. (1) Paragraph 2(c) of the Forestry Act is amended by deleting the words "timber that has not been alienated from the Crown" and substituting the words "timber located on Crown or public land".

(2) Paragraph 2(u) of the Act is amended by deleting the word "means" and substituting the word "includes".

2. Subsection 6(1) of the Act is amended by deleting the date "March 31, 1990" and substituting the date "March 31, 1992".

3. (1) Subsection 14(1) of the Act is amended by adding the words "from Crown lands or public lands" immediately after the word "removed".

(2) Subsection 14(2) of the Act is amended by deleting the word "harvested" wherever it appears and substituting the word "cut".

4. Paragraph 21(1)(e) of the Act is amended by deleting the word "harvested" and substituting the word "cut".

5. (1) Subsection 25(1) of the Act is amended by deleting the words "as a result of a tender".

(2) Subsection 25(2) of the Act is amended by

(a) deleting the word "harvested" wherever it appears and substituting the word "cut";

(b) deleting the word "harvesting" and substituting the word "cutting"; and

(c) inserting the words "up to" immediately after the words "term of".

(3) Paragraph 25(3)(a) of the Act is amended by deleting the word "harvesting" and substituting the word "cutting".

6. (1) Subsection 27(1) of the Act is amended by adding immediately after the words "cut timber on" the words "or remove timber from".

(2) Subsection 27(6) of the Act is amended by deleting the word "harvest" wherever it appears and substituting the word "cut".

7. Paragraph 28(a) of the Act is amended by deleting the word "and" where it appears a 2nd time and substituting the word "or".

8. Subsections 29(1) and (2) of the Act are amended by deleting the word "harvested" wherever it appears and substituting the word "cut".

9. Subsection 31(3) of the Act is amended by deleting the words "an agent or officer of the minister" and substituting the words "a forestry official".

10. Paragraph 32(1)(b) of the Act is amended by deleting the word "harvested" and substituting the word "cut".

11. Section 36 of the Act is amended by deleting the word "harvesting" and substituting the word "cutting".

12. Paragraph 38(n) of the Act is amended by deleting the word "and" where it 1st occurs and substituting the word "or", and further by deleting the word "trees" and substituting the word "timber".

13. Subsection 43(5) of the Act is amended by deleting the words "The Minister of Finance" and substituting the words "The Minister of Forestry and Agriculture".

14. Subsection 50(1) of the Act is amended by deleting the word "invested" and substituting the word "vested".

15. Subsection 56(2) of the Act is amended by inserting the word "and" at the end of paragraph (b), by deleting the semicolon and the word "and" at the end of paragraph (c) and substituting a period and by deleting paragraph (d).

16. (1) Paragraphs 63(1)(a) and (b) of the Act are repealed and the following substituted:

(a) where the parcel or part of a parcel is managed land, an annual managed land tax, calculated in accordance with the regulations; and

(b) where the parcel or part of a parcel is not managed land, an annual, unmanaged land tax calculated in accordance with the regulations.

(2) Subsection 63(2) of the Act is amended by deleting the words "rate of".

17. (1) Paragraph 76(1)(k) of the Act is amended by deleting the words "fair market value" and substituting the words "unmanaged land tax".

(2) Paragraph 76(1)(m) of the Act is amended by deleting the words "the rate of".

(3) The Act is amended by repealing paragraph 76(1)(n) and by substituting the following:

(n) prescribing increases in the unmanaged land tax, as required by subsection 63(2), with respect to a parcel or part of a parcel of land that is not managed land for 2 or more consecutive years;

18. Section 84 of the Act is amended by deleting the words "a mill without a licence" and substituting the words "an unlicensed mill".

19. (1) Section 85 of the Act is amended by deleting the words "without a licence".

(2) Paragraph 85(a) of the Act is amended by deleting the words "a mill" and substituting the words "an unlicensed mill".

20. Subsection 88(2) of the Act is amended by deleting the words "officers of the department" and substituting the words "forestry officials".

21. Subsection 100(1) of the Act is amended by deleting the word "officer" and substituting the word "official".

22. (1) Subsection 102(1) of the Act is amended by deleting the words and comma "wood manufacturing facility,".

(2) Subsection 102(2) of the Act is amended by deleting the words "wood processing facility" and substituting the word "mill".

23. Subsection 109(3) of the Act is repealed.

24. Paragraphs 112(b) and (c) of the Act are amended by deleting the word "harvesting" wherever it appears and substituting the word "cutting".

25. Section 118 of the Act is amended by deleting the word "and" at the end of paragraph (a), by deleting the period at the end of paragraph (b) and substituting a semicolon and the word "and" and by adding the following immediately after paragraph (b):

(c) respecting those other matters necessary or advisable to carry out effectively the purpose of this Act.

26. Section 141 of the Act is amended by deleting the word "and" at the end of paragraph (i), deleting the period at the end of paragraph (j) and substituting a semicolon and the word "and", and by adding immediately after paragraph (j) the following:

(k) respecting those other matters necessary or advisable to carry out effectively the purpose of this Act.

27. Section 143 of the Act is amended by adding immediately after subsection (2) the following:

(3) Where a person is convicted of an offence under this Act or the regulations, the Provincial Court judge or justices hearing the charge, irrespective of another penalty imposed, may order timber, implements and vehicles seized under subsections (1) and (2), be forfeited to the Crown.

28. Subsections 147(4) and (5) of the Act are amended by adding immediately after the word "minister" the words "or a forestry official".

29. Section 149 of the Act is amended by deleting the words "has all" and substituting the words "may be granted".

30. Subsection 154(6) of the Act is amended by adding the words and numbers "subsections 16(1) to 16(6) and" immediately before the words and numbers "sections 18 and 19".

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