Third Party: Forest Practices Board
APPEAL NO. 96/12

This appeal concerned whether disturbance caused by yarding operations to the banks of a watercourse was a contravention to section 11 of the Timber Harvesting Practices Regulation. The FAC found that there was insufficient evidence to determine that the watercourse met the definition of “stream” due to the requirements that it have “continuous definable banks” and an “alluvial sediment bed,” so it reversed the contravention determination.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/96-12.pdf