T-9 - Lands and Forests Act

Section 138 Disposition versions

1987-04-01

138. (Replaced).

R. S. 1964, c. 92, s. 141; 1974, c. 28, s. 54; 1977, c. 60, s. 24; 1986, c. 108, s. 237.

1977-12-31

138. Every holder of a licence to cut timber on public lands adjacent to land over which a right of way is exercised for railway purposes is bound to clear away the forest debris resulting from his operations to a depth of thirty metres from the boundary line of the right of way.

Such debris, after having been piled in heaps or rows, may be burned under the direction of a fire-ranger at favourable times fixed by him.

Upon the failure of any holder of a license to cut timber to comply with the provisions of the law in that respect, the Minister may order and have such clearing done. The expenses of such work shall be at the charge of the license-holder who is bound to perform such work.

The certificate of the Minister shall be final, and shall establish beyond discussion that such indebtedness is exigible from any license-holder concerned.

The same duty, with the same consequences, shall be incumbent upon any person interested, either as owner or as holder of rights to cut timber in private forests of eight hundred hectares in area, should the Minister deem it necessary.

R. S. 1964, c. 92, s. 141; 1974, c. 28, s. 54; 1977, c. 60, s. 24.