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Copyright 2001: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2001


Statutes of Newfoundland and Labrador 2001 Chapter 28

CHAPTER 28

AN ACT TO AMEND THE FORESTRY ACT

(Assented to December 13, 2001)

Analysis

1. S.23 Amdt.
Public tender

2. S.38 Amdt.
Regulations

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

4. S.46 Amdt.
Certificate of managed land

5. S.47 Amdt.
Annual report

6. S.83 Amdt.
Annual returns etc.

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


RSNL1990 cF-23
as amended

1. Paragraph 23(b) of the Forestry Act is repealed and the following substituted:

(b) by the minister, by a negotiated agreement with a person referred to in section 22.

 

2. Section 38 of the Act is amended by adding immediately after paragraph (e) the following:

(e.1) respecting a system for the purpose of tracking harvested timber;

 

3. Subsection 43(3) of the Act is repealed and the following substituted:

(3) An order made under subsection (2)

(a) shall be made subject to the condition that the applicant must submit to the minister a forest management plan or specified parts of a plan acceptable to the minister, prepared in accordance with the province's manual of management plan requirements, for each parcel or part of a parcel to which the order relates, and subject to those other terms and conditions that may be specified in the order; and

(b) shall be valid for a period not exceeding one year from the date specified in the order, but no order under that subsection shall be made more than twice with respect to the same parcel of land or a part of that parcel.

4. Subsection 46(1) of the Act is repealed and the following substituted:

Certificate of managed land

46. (1) Where the minister approves a forest management plan, or those parts of a forest management plan that may be specified under paragraph 43(3)(a), the minister shall issue a certificate of managed land to the applicant, and upon the issuance of the certificate, which shall contain a description of the boundaries of the parcel and the area of the parcel, the parcel so described, or a portion of the parcel, is managed land for the purpose of this Part, as long as the certificate remains in force or is not amended under subsection 47(3) or (4).

5. Subsections 47(3) and (4) of the Act are repealed and the following substituted:

(3) Where, during the currency of a certificate of managed land, the minister is of the opinion that the holder is not managing the land, or a portion of the land, to which the certificate relates in accordance with the management plan, or is in default of a term or condition of the certificate, the minister may, with the approval of the Lieutenant Governor in Council,

(a) cancel the certificate from the date specified in the cancellation, and that date may be earlier than the date of issuance of the cancellation; or

(b) declare a portion of the land to which the certificate relates to be unmanaged land without affecting the validity of the certificate of the remaining portion, from a date contained in the declaration and that date may be earlier than the date of issuance of the declaration.

(4) Where, within 2 years after the end of the term of a certificate of managed land, the minister forms the opinion that the person who held the certificate did not manage the land, or a portion of the land, to which that certificate related in accordance with the management plan or that the person who held the certificate was in default of a term or condition of that certificate, the minister may, with the approval of the Lieutenant Governor in Council,

(a) revoke the certificate retroactively to the date of commencement of the term of that certificate, or to some other date within the term of the certificate, with effect, as if the certificate had been cancelled during its term or on that date; or

(b) declare a portion of the land to which the certificate relates to be unmanaged land without affecting the validity of the certificate of the remaining portion, from a date contained in the declaration and that date may be earlier than the date of issuance of the declaration.

 

6. Paragraph 83(1)(a) of the Act is repealed and the following substituted:

(a) 4 times in each year, in the manner and form that the minister may require, furnish to the minister a return sworn to by the licensee, an agent of the licensee or an employee of the licensee having knowledge of the facts contained in the return showing the quantity of

(i) timber, and

(ii) each timber product,

manufactured during the preceding 3 months in the mill in respect of which the licensee held a licence; and

 

 

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