Third Party: Forest Practices Board
APPEAL NO. 1998-FOR-07

Riverside appealed three contravention determinations relating to road construction, maintenance and damage to the environment that resulted from a landslide that occurred months later. The Board joined the appeal to argue that a forest practice and the environmental damage it brings about need not be contemporaneous for the provisions in section 45 of the Code to operate: if a given forest practice causes environmental damage that only manifests itself later, the prohibition still applies. The FAC agreed, and found that the slide was caused by inadequate measures to maintain natural drainage in the aftermath of Riverside’s logging activity, and that Riverside was not acting in full compliance with its approved plans and permits, so the ‘compliance with plans’ defence was not available. It dismissed a contravention relating to the failure to install a ditch block, but upheld the contravention of the Forest Road Regulation requirement to ensure that road drainage systems are functional.

Appeal allowed in part.