CNLR 1109/96 - Mill Regulations under the Forestry Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1109/96 Mill Regulations under the Forestry Act (O.C. 96-936) Amended by: 54/96 s2 2001 c42 s45 44/14 26/26 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1109/96 Mill Regulations under the Forestry Act (O.C. 96-936) Under the authority of section 86 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions 3. Licence required 4. Licence particulars 5. Rep. by 44/14 s1 6. Proof of ownership or permission required 7. Operation of 2 mills 8. Maximum timber 9. On-site inspection 10. Particulars of licence 11. Mill transfer 12. Return 13. Timber purchase licence 14. False return or receipts 15. Licence renewal 16. Wastage and lumber recovery 17. Management of mill waste 18. Mill operation during fire season 19. Supervision of operations 20. Fire hazard 20.1 Penalty 21. Daily record 22. Inspection 23. Licence not issued 24. Repeal Schedule - Rep. by 44/14 s2 Short title 1. These regulations may be cited as the Mill Regulations. 166/93 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Forestry Act; (a.1) "commercial cutting permit" means a permit issued under the Cutting of Timber Regulations to cut timber for sale or barter; (b) "commercial licence" means a licence to operate a mill, for commercial purposes or at a level greater than 5000 f.b.m . per year or equivalent, issued under the Act; (c) "department" means the Department of Forestry and Agrifoods; (c.1) "domestic cutting permit" means a permit issued under the Cutting of Timber Regulations to cut up to 36 cubic metres stacked of timber for personal use and to give as a gift and not for sale or barter; (d) "domestic licence" means a licence to operate a mill to produce products, for the sole use of the operator and not for sale, barter or gift, at a level not to exceed 5000 f.b.m . per year, or equivalent, or at the sawlog volume contained in the licensee's domestic cutting permit, whichever is less; (e) " f.b.m ." means foot board measure; (f) "licensee" means a person to whom a licence is issued; (g) "mill" means a facility in which timber is manufactured into a product; (g.1) "mill waste management plan" means a plan referred to in section 17; (h) "minister" means the minister appointed under the Executive Council Act to administer the Act; (i) [Rep. by 26/26 s1] (j) "product" shall include squares, rough lumber, lumber resawn from squares or rough lumber, wood chips, pulp and paper, and energy derived from wood chips; (k) "return" means a signed declaration of the volume of timber processed; and (l) "timber" means standing trees, felled trees, parts of standing or felled trees, shrubs, round logs, wood chips or logs that have been slabbed on one or more sides. 166/93 s2; 26/26 s1 Back to Top Licence required 3. A person shall not construct, reconstruct or operate a mill or increase the productive capacity of a mill or convert an existing mill into a mill of another type without first obtaining a licence from the minister. 166/93 s3 Back to Top Licence particulars 4. (1) An applicant for a licence shall provide the information prescribed in by the minister. (2) A licence shall expire on the expiry date of the licence or when the approved production level has been reached, whichever is earlier. 166/93 s4 Back to Top Rep. by 43/14 s1 5. [Rep. by 43/14 s1] 43/14 s1 Back to Top Proof of ownership or permission required 6. A person may not obtain a mill licence unless proof of ownership of the mill is provided or unless written permission of the owner to use the mill is provided. 166/93 s6 Back to Top Operation of 2 mills 7. Where 2 mills are used at the same location to perform different phases of the same process, they shall be considered to be one mill for the purpose of licensing. 166/93 s7 Back to Top Maximum timber 8. (1) The maximum amount of timber that may be processed in a mill under a domestic licence shall be stated in the licence but shall not be greater than 5000 f.b.m . per year or the limit stated in the licensee's domestic cutting permit whichever is the lesser. (2) All timber processed under a domestic licence shall be the property of the licensee and must be for the licensee's own use and not for sale, barter or gift. 166/93 s8 Back to Top On-site inspection 9. A licence shall not be issued or renewed until an on-site inspection of the mill has been made by a forestry official to confirm its specific location. 166/93 s9 Back to Top Particulars of licence 10. A licence shall be in the form set by the minister and shall state (a) the licence number; (b) the terms and conditions of the licence; (c) the location of the mill; (d) the approved production level which may be produced under the licence; and (e) the name of the person or company responsible for the mill. 166/93 s10; 26/26 s2 Back to Top Mill transfer 11. (1) A mill cannot be transferred to a new site without written approval from the minister or a forestry official. (2) An applicant for a mill site transfer must complete the "Transfer of Mill Site" form as prescribed by the minister. 166/93 s11 Back to Top Return 12. (1) The licence holder must supply a return to the forestry office showing the amount of production and the timber used within one month following licence expiry in the form prescribed by the minister. (2) The licence holder shall sign the return declaring the accuracy of the information given in the return. (3) Repeated non-compliance with return deadlines may result in a request for licence renewal being treated as a new application. 166/93 s12 Back to Top Timber purchase licence 13. All licensees who purchase timber must possess a timber purchase licence issued under the Act. 166/93 s13 Back to Top False return or receipts 14. The submission of a false mill return or purchase receipts shall result in immediate cancellation of the licence. 166/93 s14 Back to Top Licence renewal 15. (1) Application for renewal of a mill licence shall be in the form prescribed by the minister. (2) A licence shall not be renewed unless all fees and royalty due under the Act in respect of the mill have been paid. (3) A licence shall not be renewed if a return has not been supplied. (4) A mill that does not operate for at least 2 of 3 consecutive years shall not be considered for licence renewal and shall be treated as a new applicant. 166/93 s15 Back to Top Wastage and lumber recovery 16. (1) Wastage from mills must not exceed accepted norms for the type of mill and process employed. (2) Notwithstanding subsection (1), the minimum acceptable lumber recovery in a sawmill shall be that derived by applying the formula of the Newfoundland and Labrador Log Rule. (3) Notwithstanding subsections (1) and (2), slabs may not be considered sawmill waste without first having been separated from mill waste and offered as a product either for sale or free of charge. 166/93 s16; 2001 c42 s45 Back to Top Management of mill waste 17. (1) Mill waste shall be stored and disposed of in a location or manner that does not (a) result in undue harm to the environment; or (b) cause a fire hazard. (2) Where the minister or a forestry official considers it necessary, the minister or forestry official may request that a mill owner provide a mill waste management plan. (3) Where a mill owner receives a request under subsection (2), the mill owner shall submit a mill waste management plan to the minister or forestry official for approval. (4) A mill waste management plan shall (a) be submitted in the form and manner set by the minister; and (b) include details regarding the measures to be taken to prevent undue harm to the environment and prevent fire hazards. (5) The minister or forestry official may approve, reject or request amendments to the mill waste management plan. (6) A mill owner referred to in subsection (3) shall comply with the mill waste management plan approved by the minister or forestry official. 166/93 s17; 26/26 s3 Back to Top Mill operation during fire season 18. A mill shall not be operated during the fire season unless (a) it is accessible by a road passable by trucks or similar vehicles; or (b) authorized by a forestry official. 166/93 s18 Back to Top Supervision of operations 19. The licensee shall exercise diligent and constant supervision over mill operations to prevent the origin and spread of forest fires and the licensee shall comply with all laws and regulations made in that respect. 166/93 s19; 26/26 s4 Back to Top Fire hazard 20. A mill owner shall not carry out mill operations where the mill operations constitute a forest fire risk. 166/93 s20; 26/26 s5 Back to Top Penalty 20 .1 (1) A person who continues to operate a mill after a mill licence has been suspended or cancelled or all or a part of mill operations have been suspended is guilty of an offence and liable on summary conviction to a fine in the amount of $2,500. (2) Where an offence under these regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. 26/26 s6 Back to Top Daily record 21. (1) Every mill shall maintain a daily record for the licence year, showing the amount of product produced or timber used, the cutting permit number, the owner's name in case of timber from private land, and the identification of the mill that produced the rough lumber used. (2) The record shall be maintained at the mill site and provided to a forestry official upon request. 166/93 s21 Back to Top Inspection 22. A forestry official whose duties, as authorized by the minister, include enforcement of the Act and regulations shall have access to the mill and mill property for the purpose of inspection of records, timber, products and verification of information supplied to the minister. 166/93 s22 Back to Top Licence not issued 23. A mill licence shall not be issued or renewed while the licensee is in contravention of the Act or a regulation under the Act. 166/93 s23 Back to Top Repeal 24. The Mill Regulations, Newfoundland Regulation 166/93, are repealed. Back to Top Schedule - Rep. by 44/14 s2 44/14 s2