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F-4.1 - Forest Act

Section 77
Disposition versions

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77. The Minister may, every five years after approving or finalizing a general forest management plan and after giving the agreement holder an opportunity to present observations, revise the volume of timber allocated under any agreement concerning the management unit, withdraw the management unit from the agreement or add other management units to the agreement so as to reflect
(1)  changes in the requirements of the wood processing plant ;
(2)  changes in the availability of timber from private forests or from outside Québec, changes in the availability of timber in the form of wood chips, sawdust, shavings or recycled wood fibres, and changes in the availability of volumes of timber allocated under forest management agreements or in the evaluation of the volumes that may be harvested by the holders of forest management contracts ;
(3)  the average annual volume of timber, by origin, used by the plant since the beginning of the period covered by the preceding general management plans ;
(4)  the annual allowable cuts assigned to the management unit in the new plan ;
(5)  all the forest management activities carried out in the management unit since the beginning of the period covered by the preceding general plans, and especially the impact of those activities on the state of conservation of the forest and the forest environment and the effectiveness of the sylvicultural treatments and the other protection and conservation measures applied ;
(6)  a change or lack of improvement in the industrial performance of the agreement holder in the use of ligneous matter in the processing plant mentioned in the agreement since the beginning of the period covered by the preceding general plans.
Modifications to the agreements are applicable in respect of forest management activities carried out after the coming into force of the new general plans.
The Minister may reserve or allocate any volume of timber that becomes available pursuant to this section, as the Minister considers expedient.
1986, c. 108, s. 77; 1988, c. 73, s. 34; 1990, c. 17, s. 12; 1999, c. 40, s. 140; 2001, c. 6, s. 62.
77. At the end of each five-year period, the Minister may revise the residual volume of round timber from the domain of the State that has been allocated, the area of the forest management unit or the annual yield indicated in the agreement, to take account of
(1)  changes in the requirements of the wood processing plant;
(2)  changes in the availability of timber from private forests, wood chips, sawdust, shavings, timber from outside Québec or recycled wood fibres;
(3)  the average annual volume of round timber from forests in the domain of the State used by the plant in the last five years;
(4)  a revision of the calculation of the allowable annual cut that has become necessary on account of new data obtained during that period in respect of the forest inventory or of the biophysical characteristics of the areas intended for forest production in the forest management unit;
(5)  the forest management activities carried out in the last five years.
For the purposes of subparagraph 3 of the first paragraph, no account shall be taken of any failure to use any part of the volume allocated that is due to the salvaging, from watercourses, of stocks of round timber from forests in the domain of the State following the discontinuance of driving activities.
1986, c. 108, s. 77; 1988, c. 73, s. 34; 1990, c. 17, s. 12; 1999, c. 40, s. 140.
77. At the end of each five-year period, the Minister may revise the residual volume of round timber from the public domain that has been allocated, the area of the forest management unit or the annual yield indicated in the agreement, to take account of
(1)  changes in the requirements of the wood processing plant;
(2)  changes in the availability of timber from private forests, wood chips, sawdust, shavings, timber from outside Québec or recycled wood fibres;
(3)  the average annual volume of round timber from forests in the public domain used by the plant in the last five years;
(4)  a revision of the calculation of the allowable annual cut that has become necessary on account of new data obtained during that period in respect of the forest inventory or of the biophysical characteristics of the areas intended for forest production in the forest management unit;
(5)  the forest management activities carried out in the last five years.
For the purposes of subparagraph 3 of the first paragraph, no account shall be taken of any failure to use any part of the volume allocated that is due to the salvaging, from watercourses, of stocks of round timber from forests in the public domain following the discontinuance of driving activities.
1986, c. 108, s. 77; 1988, c. 73, s. 34; 1990, c. 17, s. 12.
77. At the end of each five-year period, the Minister may revise the residual volume of round timber from the public domain that has been allocated, the area of the forest management unit or the annual yield indicated in the agreement, to take account of
(1)  changes in the requirements of the wood processing plant;
(2)  changes in the availability of timber from private woodlots, of wood chips, sawdust, shavings or timber from outside Québec;
(3)  the average annual volume of round timber from forests in the public domain used by the plant in the last five years;
(4)  a revision of the calculation of the allowable annual cut that has become necessary on account of new data obtained during that period in respect of the forest inventory or of the biophysical characteristics of the areas intended for forest production in the forest management unit;
(5)  the forest management activities carried out in the last five years.
1986, c. 108, s. 77; 1988, c. 73, s. 34.
77. At the end of each five-year period, the Minister may revise the residual volume of round timber from the public domain that has been allocated, the area of the forest management unit or the annual yield indicated in the agreement, to take account of
(1)  changes in the requirements of the wood processing plant;
(2)  changes in the availability of timber from private woodlots or of wood chips;
(3)  the average annual volume of round timber from forests in the public domain used by the plant in the last five years;
(4)  a revision of the calculation of the allowable annual cut that has become necessary on account of new data obtained during that period in respect of the forest inventory or of the biophysical characteristics of the areas intended for forest production in the forest management unit.
1986, c. 108, s. 77.
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