Overview
Forest Sustainability Regulations
(for Registered Buyers)
April
12, 2000
Table
of Contents
Background
1. Purpose of the Forest Sustainability Regulations
2. Forest Sustainability Regulations
3. Administrative Structure for Wood Acquisition Plans
4. Operation of the Wood Acquisition Plan System
5. Communications and Technical Support
6. Enforcement
Background
One
of the major issues facing Nova Scotia's forests today is whether the
recent increase in timber demand will lead to wood supply sustainability
problems in the future. Concern about the state of recent harvest increases
from the small private woodlot sector has been raised by the public,
landowners, and the forest industry. The release in 1999 of the " Wood
Supply Forecast for Nova Scotia,1996-2070" has confirmed that existing
harvest levels on small private woodlots are not sustainable with present
silviculture activity on those lands. The need for a consistent timber
supply from private lands is and will continue to be critical to the
success of the forest industry in Nova Scotia. As part of an overall
strategy for forest sustainability in Nova Scotia, the development of
regulations to require a silviculture program or funding for silviculture
on private lands based on all wood acquisitions by Registered Buyers
was needed to ensure continued forest productivity.
In
the past funding for private land silviculture relied heavily on federal
and provincial assistance programs, but more recently with the end of
federal programs, several forest companies have been partnering with
the provincial government and landowners to develop stewardship programs
to conduct silviculture on private lands. The success of these programs
and the realization for the need to make similar silviculture programs
available across Nova Scotia has also led to the necessity of implementing
regulations requiring a contribution towards silviculture by all Registered
Buyers utilizing greater than 5000 cubic metres annually.
The
Department of Natural Resources has therefore developed regulations
that will require Registered Buyers to prepare and submit a Wood Acquisition
Plan as part of the annual filing of statistical returns for the "Registry
of Buyers" program. The Wood Acquisition Plans will outline how Buyers
plan to meet their silviculture requirements for the wood acquisitions
made in the previous year. The "Wood Acquisition Plan" system will be
the mechanism for administering a silviculture program on private lands
starting in the year 2000 for Registered Buyers who acquired over 150,000
m3 in1999. All other Buyers will have to submit Wood Acquisition
Plans by February 28, 2001. This program will also provide an effective
means to record and map on an annual basis all completed silviculture
areas on private lands.
This
initiative is to be delivered by the Department of Natural Resources
(DNR) under the authority of the Amendments to the Forests Act passed
in 1998. Delivery of this program will be a joint effort by staff within
the Renewable Resources and Regional Services branches of DNR. This
document provides an overview of the Wood Acquisition Plan system, including
its purpose, how it will operate, and the roles and responsibilities
within DNR.
1.
Purpose of the Forest Sustainability Regulations
The
Department of Natural Resources has enacted regulations to sustain the
productivity of Nova Scotia's forests in order to continue providing
for future timber required by the Nova Scotia forest industry. It has
been recognized by government, the forest industry and landowners that
the long term sustainability of the timber resource depends on ensuring
prompt regeneration of harvested areas, and tending of growing forests
with commercial tree species to achieve merchantability within the growth
capabilities of Nova Scotia's managed forests.
Specifically,
the intent of this legislation is to require registered buyers to:
- plan
and implement a silviculture program for harvested lands that they
own or control
- plan,
fund and administer a silviculture program for harvested lands from
which they acquired timber but have no ownership or control
- plan
and partner with other landowners or registered bargaining agents
for landowners a silviculture program for harvested lands from which
they acquired timber but have no ownership or control
- pay
into the Sustainable Forestry Fund at a specified rate per volume
acquired from other landowners for which no specific silviculture
program has been planned. In this case the administrator of the
Sustainable Forestry Fund, NSDNR, shall plan and administer the
silviculture program for all remaining landowners.
The
requirement to administer a silviculture program or pay into the Sustainable
Forestry Fundshall be calculated at a rate of $3.00 per m3
solid ($6.60/cord) for softwood and $0.60 per m3 solid ($1.20/cord)
for hardwood acquired in the previous year and shall be proportional
to those volumes acquired from industrial lands and small private landowners.
Further,
the intent of this legislation is to ensure that the silviculture programs
planned, funded, and implemented are based on reported wood acquisitions
by each registered buyer that uses in excess of 5000 cubic metres solid
from Nova Scotia's forests.
This
legislation shall require that registered buyers provide and undertake
- One
year approved silviculture plan for wood volumes acquired in the
previous year.
-
A
silviculture program focusing on softwood and hardwood species management
according to the calculated required value from form C,Part II for
each species type.
-
A
silviculture program according to technical specifications (Schedule
1) that provide for emphasis on both natural and plantation stand
management systems that enhance both timber supply and quality.
-
A
documentation system to record details of completed silviculture
work under the approved plan.
-
An
annual summary report of completed silviculture as per the approved
silviculture plan forwarded to the Registrar.
2.
Forest Sustainability Regulations
The
requirement for registered buyers to submit wood acquisition plans
is established under the Forests Act. These requirements are established
through the forest sustainability regulations which specify plan
submission requirements and procedures for submission of annual
wood acquisition plans. The regulations also include provision for
record keeping, reporting requirements and enforcement.
Since
the wood acquisition plans are based on data submitted under the
Registration and Statistical Returns legislation, the regulations
concerning government confidentiality (Freedom of Information and
Protection of Privacy Act) will apply with respect to all data and
information for individual registered buyers.
3.
Administrative Structure for Wood Sustainability Plans
3.
1 Structure
- Wood
Acquisition Plan System
-
This includes the procedures, processes, record keeping and
follow-up monitoring of the wood acquisition plans required
under this legislation. It describes the requirements of the
registered buyers for submission, implementation and record
keeping as well as the duties of the Department for approvals
and monitoring. It is further discussed in more detail in Section
4.
-
Communications
Communications
will focus on (1) informing all registered buyers of their requirements
and procedures as per the forest sustainability regulations,
(2) informing DNR staff of legal requirements and implementation
of these regulations, and staff responsibilities related to
these requirements. Communications efforts should also focus
on the public concerning the effect and results of these regulations
on long term wood supply sustainability. It is further described
in Section 5.
-
Technical
Support
This
component describes the approach to providing assistance to
registered buyers in meeting the requirements of the wood acquisition
plans. It includes production of a guidebook to the submission
requirements of the wood acquisition plan forms of these regulations.
It also describes the record keeping requirements by registered
buyers, and provision of summary reports required under this
legislation. This approach is described in more detail in section
6.
-
Monitoring
and Enforcement
The
monitoring component describes the reporting requirements by
registered buyers of actions taken under approved plans, and
the methodology and assessment procedures to be taken by NSDNR
to confirm compliance under these regulations. It also includes
the procedures for determining non-compliance and actions concerning
the initiation of enforcement/procedures under the Forests Act.
3.2
Administrative Roles and Responsibilities
Within the Government of Nova Scotia the Forest Sustainability Regulations
is the responsibility of the Department of Natural Resources and
will be administered by:
- Minister
- Director
of Forestry
- DNR
Staff
Minister
-
These Regulations are authorized under the Forests Act, and
as the administrator of the Act, the Minister of Natural Resources
is responsible for ensuring that the intent of these regulations
is carried out within the Department.
Director
of Forestry
- Within
the legislation, there is a provision for the designation of
a person to be responsible for the administration of the forest
sustainability regulations. The Director of Forestry, designated
as the Registrar, assumes the responsibility for the administration
of these regulations on behalf of the Minister. In this capacity,
the Registrar will be responsible for ensuring an efficient
and effective approval process, administering a record keeping
system of annual plans and annual reports and co-ordinate requirements
for monitoring of wood acquisition plans.
DNR Staff
- Responsibilities
for the administration, communications, technical support and
enforcement are handled jointly between the Forestry Division
of the Renewable Resource Branch and the Regional Services Branch.
Responsibility primarily handled by Forestry Division include
the approval process, administration of plans and annual reports,
technical specifications and policies, and general communications.
-
Staff
of the Regional Services Branch have responsibilities for technical
support to registered buyers, monitoring compliance of silviculture
program results, and enforcement under these regulations.
4.
Operation of the Wood Acquisition Plan System
The System includes the operational procedures, approvals, process,
management of the plan information and procedures for monitoring
compliance.
4.1 Intent
- operational
system to support, approve and monitor wood acquisition plans
- provide
a central registry of approved plans and annual reports
- update,
maintain database, and provide accurate data of annual silviculture
activities as part of the forest management strategy
- co-ordinate
strategy for monitoring compliance
- provide
technical assistance for developing sustainable silviculture
plans
4.2 Objective
- effective
service to assist plan development
- efficient,
fast turn around time for plan approval process
- effective
strategy to monitor compliance
- effective
annual reporting system
4.3 Operational Procedures of Wood Acquisition Plan
System
- Form
Distribution and Plan Submissions
-
All forms (C, Parts I toVI) shall be distributed to applicable
registered buyers as part of the annual mail out associated
with the registration and statistical return forms conducted
by the Registry. Registered buyers are requested to file the
wood acquisition plan forms directly to the Registry or to a
local DNR office at the same time, and with the same filing
date, as the statistical returns, ie - February 28th.
-
Wood
Acquisition Plan Form C includes:
- Part
I Submission of Plan
- Part
II Calculation of Required Value
- Part
III Selection of Options
- Part
IV Silviculture Program Proposed
- Part
V Silviculture Program Completed
- Part
VI Detailed Silviculture Report Submission Form
All wood acquisition plan forms, once received by the Registry,
shall be forwarded to the Forest Planning & Research Section,
as designated by the Registrar, to undertake the approval process.
Enquiries related to the requirements, procedures and submissions
of wood acquisition plans are forwarded to the Forest Planning
& Research Section in Truro.
-
Approval Procedures and Processing of Forms
Once received from the Registry, all forms required under the
forest sustainability regulations shall be verified for completeness.
When forms are incomplete, staff will make reasonable effort
to contact the applicant to complete the forms within 30 days
of initial receipt. Completed forms will be assessed and reported
on within 30 days. Plans, (Form C) that are not approved will
be returned to the applicant with reasons for non-approval outlined
in detail. Wood acquisition plans that are not received, not
completed or remaining non-approved to the satisfaction of the
Registrar, will be considered to be non-compliant within the
requirements of these regulations.
-
Processing
Sustainability Plans and Reporting Annual Results
Completed and approved wood acquisition plan form C, Parts I
to IV, shall be registered and maintained on record at the Forest
Planning & Research Section. Form C, Part V and VI, are
required to be submitted at the end of the first year, and each
subsequent year, following approval of the annual wood acquisition
plan. The silviculture program completed report (Part V) will
detail the completed silviculture program with reference to
the registered buyers approved plan. In all submissions and
reporting, confidentiality of individual information will be
protected according to provincial regulations and policy.
-
Submission
of Site Location details for completed Silviculture Areas
All
site locations that that are being submitted with reference
to Form C, Part V must be accurately identified by:
-
Geographical coordinates circumscribing the site
-
Area in hectares of each site
-
Identification of silviculture category
-
Name of Owner and Property Identification Number (PID) of
site
Accurate site location information is required to effectively
monitor any reported silvicultural activity and to properly
update the completed silviculture on the provincial GIS forestry
database. The format of submitted site location data will be
specified in detail in a GIS format submission guide. Registered
Buyers with approved plans for greater than 100,000 cubic metres
are required to submit completed silviculture site location
details quarterly and all others with the year end summary report,
PartV.
-
Monitoring
Compliance
Compliance
is required in the following areas:
i) submission and approval of annual wood acquisition plans
ii) deposit of funds to the Sustainable Forestry Fund according
to regulations and policy, if this option is chosen
iii) completion of annual silviculture program from approved
acquisition plan
-
Submissions
and Approvals Compliance
The Registrar will monitor, on a regular basis, the status of
approved/non-approved plans, and following reasonable attempts
to ensure compliance within the approval process, forward non-compliant
registered buyers to enforcement procedures under the Forests
Act.
-
Sustainable Forestry Fund Compliance
Approved plans, or parts of plans, that commit the registered
buyer to submit funds to the Sustainable Forestry Fund will
be recorded/registered as a legal indebtedness to that fund,
and non-compliance with the regulations of the fund shall be
administered within the Forests Act. An annual reporting of
the registered buyer compliance to the fund will be provided
to the Directory of Forestry on or before the submission date,
February 28th, as per the forest sustainability regulations.
-
Silviculture Program Compliance
Registered buyers are required to carry out the actions within
their proposed silviculture program as approved in the plan
during the calender year of submission. In the following year's
plan submission, registered buyers shall submit Form C, Part
V, Silviculture Program Completed, to report on the silviculture
activities in accordance with the previous years' approved plan.
Form C, Part V, is submitted as part of the annual filing of
wood acquisition plans on or before February 28th
of each year.
Following submission of Form C, Part V, all submitted site information
shall be checked for accuracy, and a random audit procedure
shall be co-ordinated by the Registrar, and administered by
DNR regional services staff. Through a random selection process
silviculture programs shall be assessed for compliance in accordance
with approved plan requirements. The monitoring process will
also assess completed silviculture sites according to the regulatory
technical standards and for accuracy of area determination.
Credit value deductions will made on a site by site basis for
failure to meet minimum standards and discrepancies in calculating
completed site area measurements. Monitored site area calculations
may also result in silviculture credit being added to a wood
acquisition plan. Random audits shall occur within 18 months
of filing date of wood acquisition plan, Form C.
5.
Communications and Technical Support
Communication requirements for the successful implementation of
the forest sustainability regulations will involve:
i)
informing and training registered buyers of their requirements
under the Act
ii) training DNR staff to provide an effective administration
of the regulations
iii) informing the public of the effectiveness of results for
wood supply sustainability of Nova Scotia's forests following
implementation of these regulations.
- to
clearly inform registered buyers of their responsibilities
under the act and regulations
- to
create an understanding with registered buyers of the positive
long term effects of the forest sustainability regulations
- to
instruct registered buyers in how to complete the documentation
and record keeping required under the regulations
- to
establish communication links between the registered buyers
and the department to handle inquiries, complaints, updates,
etc.
-
DNR
Staff
- to
provide adequate training to regional staff for assisting
registered buyers with meeting the requirements of the regulations.
- to
provide DNR staff details of procedures and administrative
set-up for handling requests, inquiries and complaints from
registered buyers
- to
provide training for DNR staff on audit assessment procedures
for monitoring compliance of these regulations
- to
inform and consult with staff on a regular basis on aspects
of compliance, results, problems and changes with respect
to these regulations.
-
Public
- to
publish annually, (or as part of the State of the Forests
Report) results of compliance or non-compliance with respect
to these regulations
- to
report annual statistical results of silviculture activities
by registered buyers, and by the Sustainable Forestry Fund
- to
periodically update and report on wood supply projections
based on results of activities with respect to these regulations.
-
Who is responsible:
-
The Forestry Division, Renewable Resources Branch, in association
with:
- Registry
of Buyers
- DNR
Staff
- DNR
Publications Section
6.
Enforcement
The enforcement component consists of operational objectives,
guidelines and procedures for ensuring compliance to the Forest
Sustainability Regulations under the Forests Act.
6.1 Intent
- ensure
that an acceptable level of compliance to the requirements
of the Forest Sustainability Regulations is met consistently
across the province.
- provide
policy and procedures for identifying non-compliance and for
enforcement of the Forest Sustainability Regulations
6.2 Objectives
- maintain
a high level of compliance to Forest Sustainability Regulations
- use
enforcement action as a last resort in achieving desired compliance
levels
6.3 Who is Responsible
Manager of Enforcement, Regional Services Branch, in association
with:
- registrar
- area
supervisors, regional services branch
6.4 Potential Violation under the Forest Sustainability
Regulations:
- failure
to file wood acquisition plan with the Department of Natural
Resources
- submitting
false information with respect to the wood acquisition plan
and reports
- acquiring
primary forest products without having an approved wood acquisition
plan.
6.5 Penalties
Penalties under these regulations will be pursuant to the Forests
Act and the Summary Proceedings Act.
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