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Forest Fires Liability and Compensation Regulations
Under the authority of section 107 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.
1. These regulations may be cited as the Forest Fires Liability and Compensation Regulations.
2. (1) In these regulations
(a) "affected party" means an owner, lessee, licensee or other person having possession or control of forest lands and who carries on logging operations or industrial operations on the forest lands or on whose behalf logging operations or industrial operations on forest lands are carried out;
(b) "forest land" means land upon which are growing or standing trees or shrubs and includes dry marsh, bogland and land commonly known as "barrens";
(c) "industrial operation" means an operation on forest land or within 300 metres of forest land involving the use of machinery or equipment whether in a building or in the open; and
(d) "logging operation" means the arrangements made for the purpose of carrying out the work involved in converting trees into timber, the loading and unloading of timber on and from trains, ships and trucks and the delivery of timber on and from trains, ships and trucks and the delivery of timber to a point of export or a point where it is converted into other products but does not include transportation of timber by a railway, steamship or trucking operator.
(2) Notwithstanding paragraph (1)(a), an owner, lessee, licensee or other person having possession or control of forest lands shall not be an affected party where
(a) he or she grants written permission to a person to cut and remove timber from the forest lands for the primary benefit of that person or another third party, notwithstanding that a fee or royalty may be payable by the person, or that a residual benefit may accrue, to the owner, lessee, licensee or other person having control of the forest lands; and
(b) the minister has been given written notice that the person has been allowed to cut and remove timber at the time that the allowance is given to the person.
3. These regulations apply in the case of forest fires occurring on forest land and are in addition to and not in derogation of another provision contained in the Forestry Act , regulations, orders or notices applicable to forest fires on forest land.
4. Except as provided in sections 5 and 6, the Crown shall be responsible and liable for all costs incurred in fighting forest fires on forest land and shall compensate an affected party for all direct fire suppression costs incurred in excess of the obligations of an affected party under section 5.
Liability for costs
5. An affected party shall be liable for his or her own costs and the cost incurred by the Crown in fighting a forest fire on forest land for a period up to midnight on the third day after the fire starts where
(a) the forest fire is caused by or results from a logging operation or industrial operation; and
(b) the Minister of Natural Resources is satisfied that the affected party has observed and complied with all statutory provisions, regulations, orders and notices pertaining to the prevention and control of forest fires on the forest land.
Liability for negligence
6. An affected party shall be liable for his or her own costs and all costs incurred by the Crown in fighting a forest fire on forest lands where the fire is caused by or results from the negligence of, or is legally attributable to, an affected party, whether by act or omission.
7. The Forest Fires Liability and Compensation Regulations, 1993, Newfoundland Regulation 92/93, are repealed.
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