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Karst Government Actions Regulation Project Initiation. July 19, 2006. Meeting Objective. Purpose for initiating Karst project Review project process Provide update on what is happening and where we are. Intent of GAR Order.

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Karst government actions regulation project initiation l.jpg

Karst Government Actions Regulation Project Initiation

July 19, 2006

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Meeting Objective

  • Purpose for initiating Karst project

  • Review project process

  • Provide update on what is happening and where we are

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Intent of GAR Order

  • Intent of the Karst Government Actions Regulation (GAR) Order is to formalize the level of management that was initiated under the Forest Practices Code (FPC)

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1 – Initiate Project

2 - Respond to any comments received

3 - Try maintain consistency in Coast Region

4 - Posting of the intention to develop Order

5 - 60 day Consultation period would begin with advertising

6 - Approval and Posting of the final Order as per GAR sec 4

7 - Karst Order becomes effective

8 – Annual Review

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GAR Sec 5

  • Enabling legislation - Government Actions Regulation (GAR)

  • GAR section 5 for Resource Features

  • 5(1) Subject to subsection (2), the minister responsible for the Forest Act by order may identify one or more of the following as resource features in relation to a specified area:

    • (a) surface or subsurface element of a karst system;

  • 5(2) The minister responsible for the Forest Act may make an order under subsection (a) if the minister is satisfied that the resource feature requires special management not otherwise provided for under this regulation or another enactment.

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    FPPR Sec 70(1)

    • Requirement that the Resource Feature not be damaged or rendered ineffective (does not require Results and Strategies)

    • 70(1) An authorized person who carries out primary forest activity must ensure that the primary forest activity does not damage or render ineffective a resource feature

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    Draft Karst Order Wording

    • Pursuant to Section 5 of the Government Actions Regulation (GAR) of the Forest and Range Practises Act, I hereby identify the following surface or subsurface elements of a karst system as resource features wherever they are found in the [ ] Forest District. This Order is effective as of [ date ].

      • Karst caves

      • Very high or high vulnerability karst terrain

      • Significant surface karst features

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    Why No Definitions?

    • Under the Forest Practices Code (FPC) there was no definition for karst

    • Unable to create new legislation through GAR Orders

    • Result – No definition for karst elements and dependence on professional reliance as per GAR 5(3)(b)

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    GAR Sec 5(3)(b)

    • Identification of Resource Feature 5(3)

    • 5(3)(b) must be sufficiently specific to enable a person affected by it to identify the resource feature in the ordinary course of carrying out forest or range practices

    • Precludes requirement for definition

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    4 GAR Tests

    • Before the Karst GAR Order can be approved by the Designated Decision Maker (DDM) all 4 GAR tests must be met

    • The DDM for the Karst Order is District Manager with the Ministry of Forests & Range

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    GAR – Test 1

    • Does the Karst element already have protection?

    • Examples:

      • Any existing objectives in higher level plans?

      • Any other GAR Orders?

      • Any licensee certification processes?

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    GAR – Test 2

    • Is the Order consistent with established objectives?

    • Examples

      • Objectives from higher level plans?

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    GAR – Test 3

    • Will the Order unduly reduce the timber supply?

    • Examples

      • Current management practice?

      • Accounted for in Timber Supply Review?

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    GAR – Test 4

    • Do the benefits to the public outweigh any material or adverse impacts of the order on delivered log costs or undue constraint on the ability of a holder of an agreement under the Forest Act or the Range Act?

    • Example

      • Comparison of potential adverse impacts to public benefit?

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    Current Management

    • At present

      • Many licensees following Karst Management Handbook for British Columbia

      • Many of the Forest Development Plans (FDPs) have been managing karsts

      • Recreation Sites and Trails

      • TSR netdowns

        • TSR3 - Strathcona TSA as an example

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    Compliance & Enforcement

    • How would Compliance and Enforcement (C&E) be carried out on the practice requirement for karsts?

    • C&E may consider using a karst professional if no one on staff was qualified to assess if the feature was damaged or rendered ineffective

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    • Any Questions?

    • Any Action items that need to be addressed?