Common use of STATUTORY FRAMEWORK Clause in Contracts

STATUTORY FRAMEWORK. of the Forest Act enables the regional manager to increase the current allowable annual cut associated with the licence of an innovative forestry practices agreement holder. Prior to such approval, the regional manager must have approved a forestry plan in which the innovative forestry practices or activities are identified. Eligible categories of innovative forestry practices and activities are described in the Innovative Forestry Practices regulation. These categories include improvements due to harvesting or silvicultural systems, silvicultural treatments, collection and analysis of new data on forest composition and expected growth, and management activities to enhance and protect other resource values. To be eligible the practices and activities must be within the forestry plan approved by the regional manager. Additionally, the collection and analysis of new data must be in accordance with the specifications of the chief forester. An increase in AAC must be justified based on timber supply analysis methodology approved by the chief forester. The chief forester has made known his approved timber supply analysis methodology in a memorandum dated 6 April 2001 to the regional managers. This memorandum provides the general principles of timber supply analysis methodology that is required to justify an increase in allowable annual cut to the licence of an innovative forestry practices agreement holder. Under section 59.1 the regional manager can limit an AAC increase to a period of time, area of land, type of timber or any other condition. The regional manager also can reduce or eliminate an increase at any future time given new information or for non-compliance with the forestry plan or the conditions set. Further the regional manager is enabled to suspend or cancel an innovative forestry practices agreement if the holder is not complying with the agreement, forestry plan, conditions, Forest Act, or Forest Practices Code of British Columbia Act.