FIT Study Questions

  1. Part III of the Forests Act is a short one dealing with Forest Land Uses.

Describe the major authorities granted to the Minister in this section.

  1. Prohibit or restrict entry to all or any part of a forest recreation area or forest recreation trail, or
  2. Prohibit any use or activity in all or part of a forest recreation area or forest recreation trail.
  1. The Forests Act is the primary legislation covering much of the forest activity that occurs in the province.
  2. To what geographic area does it apply?

Timber on PublicLand with exception of Federal/ private lands

  • The Forests Act is divided into four parts. Names these and, for each, describe the general purpose of each section.

Part 1 – Administration: how has what authority

Part 2 – Crown Timber: Defines tenure system, timber seizures, And Ministerial Stop Orders.

Part 3 – Forest Land Use: Prohibition or restriction to forest recreation trails or areas.

Part 4 – Offences and Penalties: Enables T/M regulation penalties, obstructing a Forest Officer, 2-year statute of limitations, and Public disclosure

  • Distinguish between the Forest Act and Timber Management Regulations.

Forests Act enables forest management in terms of legal authority and powers. Timber Management Regulations and policy are used to implement and administer the Forests Act.

  • What is the maximum fine or penalty for a contravention under the Forests Act?

$1000 or 60 days in jail for Part 3

$100- $5000 or not more than 1 year in jail for the rest of the Act

  1. What are the Key components of the Timber Management Regulations? And describe the general purposes of each section?

Part 1 – Quotas : states Quota holder must obtain a timber license, quotas are non transferable, provides for quota control, provides for performance guarantee

Part 2 – Permit Sales: governs the bidding process, states that all competitive sales must be on public notice

Part 3 – Other Permits: enables Minister to use LTP, TM66, Custom Milling Permit, and Designates expiry dates of April 30,sets eligibility criteria, sets that no permits can be issued unless all timber dues and reforestation levies have been paid, those operating under a permit are exempt from holding and protection charges, must have a permit displayed and shall comply with the conditions of the permit.

Part 4 – Crown Charges: enables Minister to have final word on how timber is being used, sold and scaled, enables Minister to reduce timber dues for timber being cut for research, to reduce risk or is exceptionally expensive to harvest, establishes general rates of dues by FMA, Timber License, Commercial Timber Permit or Local Timber Permit by production and species, establishes exceptions on base rate based on location, species or condition of timber, establishes payment schedule – last day of the month in which timber is sold or scaled.

Part 5 – Timber harvesting : must have approved AOP, Section 100 most important regulation for RPF- tied to AOP Compliance, procedures and rules on scaling records and timber transportation

Part 6 – Reforestation: outlines areas cut prior to transition date, defines established seedling, outlines process 10 years after cut, gives legislation for regen manual

Part 7 – Miscellaneous: ClearingLand for industrial use, schedules 1 Penalty for contravention of the Forest Act and/or Timber Regs, schedule 3 general rate of timber dues for lumber, schedule 4 General rate of timber dues for oriented strand board and pulp, schedule 6 general rate of timber dues for veneer.

  1. What areas does the Timber Management Regulations regulate?

Example Timber dispositions, types and method of allocation,

Reforestation, standards and timelines

There are 4 more…..

Production control and timber dues

Conduct of harvesting operations and record keeping associated

with logging, milling and transportation

Import/Export of unmanufactured wood products

Prescribes penalties for non-compliance with Timber Management

Regulation

  1. Define Green Zone

Forest lands not available for agriculture purposes other than grazing. Provincial and public lands are managed for multiple uses including forest production, water, recreation, fish and wildlife, grazing and industrial development.

  1. What is the jurisdiction of the Forest Prairie & Protection Act?

Area includes all timber management units, all portions of MD and counties having sufficient amount of fuel enabling wildfire to creek into the green zone.

  1. What time of year is fire season?

The period from April 1 to October 31, but the minister may extend or shorten the fire season for any area of the province. Can be extended or shortened be the Minister.

  1. What is the intent of the Forest and Prairie Protection Regulations (Part 1 and 2)?

Part 1 deals with the precautionary measures in terms of activities, fuel free buffer zones and equipment and number of tool required on site.

Part 2 deals with debris disposal methods and duties of a person summoned to a fire.

  1. What is the Public Lands Act and why is it important?

Act that provides for the disposition of all provincial public lands with the exception of those lying in the Special Areas and is administered by LAD of Environment.

The Act and its regulations empowers the minister and its officers to regulate public lands, to determine its appropriate use, considering all aspects of its physical, economic and environmental constraints

It ensures that all disposition holders understand their obligations (environmental, land use as lessees of the surface of public lands

  1. List the parts of the Public Lands Act and briefly describe the content of these parts (hint: there are 6 parts)?

Example Part 1 Administration of Public Land Officers, Powers of the Lieutenant Governor in Council, Powers of the Minister, Notifications, Dispositions, Recovery of Rent, etc., Unauthorized Use of Public Lands, Enforcement, Miscellaneous

Part 2

Dispositions not Leading to Title

Part 3

Homestead Sales, Purchase Price and Cultivation Duties, Homestead Sales in Substitution for Homestead Leases, Cancellation, Assignments, Application for Title, Miscellaneous

Part 4

Grazing Leases

Part 5

Registration of Assignments

Part 6

Homestead Leases Under Former Act

  1. What is the Disposition and Fees Regulation under the Public Lands Act?

It is a consolidation of many of the sections of the Public Lands Act

  1. Outline the parts of the Disposition Fees Regulation and briefly describe the contents of each part?

Part 1 – general – outlines provisions that apply to all public land dispositions

Part 2 – Grazing Leases, Grazing Dispositions

Part 3 – Grazing LandRange Improvement

Part 4 – Farm Development

Part 5 – License of occupation

Part 6 – Mineral Surface Lease

Part 7 – Surface Material Disposition

Part 8 – Pipeline Disposition

Part 9 – Commercial Trail Riding Disposition

Part 10 – Miscellaneous Disposition

Part 11 – Transitional Provisions, Repeals and Expiry

  1. Describe Grazing Lease, Grazing License, Grazing Permit, Head Tax Grazing Permits.

See study session handouts and Disposition Fees Regulations

Grazing Leases

(Disposition Fees and Regulation Part 1 Division 2)

-long term (up to 20 years and renewable

-taxed by local authority

-control public access

-cannot restrict access for timber removal

Grazing License (Part 1 Division 3)

-long term up to 10 years and renewable

-taxed by authority unless on FMA

-cannot control public access

-must accommodate timber removal

-can be issued on FMA lands without withdrawal

Grazing Permit (Part 1 Division 4)

-one year renewal

-taxed by local authority

-cannot control public access

-cannot restrict access for timber removal

Head Tax Grazing Permit

-one year and can be re-issued annually

-not taxed

-cannot control public access

-cannot restrict access for timber removal

-similar to grazing permits but they are not taxed because they pay a higher rental fee than grazing permits

*** The Forests Reserves Act was established for the conservation of forests and other vegetation and the maintenance of conditions favorable to optimal water supply

***The Forest Reserves Regulations are grazing regulations that apply only to the grazing dispositions on the Eastern Slopes

  1. What is the approved priority list for fighting fires?

Human Life

Communities

Watershed and Soils

Natural Resources

Infrastructure ($)

  1. What are the three objectives of the Eastern Slopes Policy in regards to Range Management?
  2. To maintain rangelands in good condition
  3. To restore rangelands on which forage productivity has declined
  4. To improve rangeland capability
  1. What is a fire control agreement?

An agreement with the industry- government to provide joint fire control and prevention responsibilities on the land base where they are working. A fire control plan is is to submitted to the Minister upon request. (fire control plans Section 23 Forest Prairie and Protection Act) The minister may enter into a fire control agreement with any person carrying on a timber, forest, mining, drilling or other industrial or commercial operation over, under or adjacent to public land (section 6 Forest Prairie and Protection Act).

While studying it is also important to understand the concept of jurisdiction and what motivates it. Jurisdiction is motivated my politics, ecological factors, timber management, and practical fire control basis. Jurisdiction means that Province (SRD) assumes responsibility for the Forest Protection Area while the Local Municipal Governments assume responsibility for the non- forest protection area.

Also know that the green zone is the protected fire zone..the white zone is protected by the MD and the fuel line is the zone between the two that decides what action is taken on either side. Dependant on fire behavior..weather and values at risk a joint effort may be made between the province and the MD.

Know

The green zone boundary is not the same as the Forest Protection area boundary

MD DOES NOT issue permits on behalf of SRD in the non-forest protection division

Permits are required for burning barrels during the fire season

MD Fire Bans must be issued with 24 hours of advertising

We DO NOT have the ability to waive or negotiate the amount of a justifiable fire billing.

Forest Prairie Protection Act applies to all of Alberta with the exception of Towns, Cities and FederalLands

Section 24 of the Forest Prairie Protection Act – fire fighting equipment must be on hand that is capable of controlling and suppressing any fire that may result from work being done when working within 1 km of public lands

Understand Part 1 of the Forest Prairie Protection Regs… that deals with precautionary measures.

Understand Part 2 debris disposal and duties of a person summoned to a fire