5. (1) Subject to subsection (2), no person shall cut and remove timber in a forest area except under the authority of a permit issued by a forestry officer pursuant to section 7 or an agreement entered into with the Minister under section 14.
(2) Subsection (1) does not apply to an employee of the Department of Forestry who is engaged in the cutting and removal of timber in a forest area in the performance of the employee’s duties.
6. The fees to be paid for a permit issued pursuant to section 7 shall be the official published provincial fees that are in effect in the province in which the forest area is located.
7. (1) For the purpose of issuing a permit for the cutting and removal of timber, a forestry officer shall cause a notice to be posted in a public place of
(a) any proposed cutting and removal of timber in a particular forest area or portion thereof;
(b) any information respecting the cutting and removal of timber that is relevant or that an applicant is required to supply;
(c) the date by which an applicant shall apply for a permit; and
(d) the name and address of the forestry officer to whom an application for a permit is to be directed.
(2) An applicant may apply for a permit in writing or in person to the forestry officer referred to in paragraph (1)(d).
(3) Subject to subsections (4) and (5), a forestry officer shall issue a permit to an applicant who
(a) if the applicant previously cut and removed timber under a permit issued or an agreement made pursuant to these Regulations, did not contravene the terms or conditions of that permit or agreement;
(b) applies within the time limit therefor; and
(c) if two or more applicants meet the criteria set out in paragraphs (a) and (b), has been selected by the drawing of lots.
(4) Before a forestry officer issues a permit to an applicant, the applicant shall pay to the Receiver General, by cheque or cash, the fees calculated by the forestry officer pursuant to section 6.
(5) A forestry officer shall not issue a permit to an applicant if the aggregate of the fees to be paid by the applicant exceeds $2,000 per fiscal year per forest area.
(6) A permit shall set out
(a) the forest area or portion thereof in which the timber is to be cut and removed;
(b) the approximate amount and the species of timber that the permit holder may cut;
(c) the means by which the timber is to be measured; and
(d) such terms and conditions respecting the cutting and removal of the timber for the protection of the forest area.
8. Where, pursuant to paragraph 7(6)(d), 12(1)(b) or 17(a), the forestry officer includes terms or conditions in a permit or gives instructions for the protection of the forest area, those conditions or instructions shall be to encourage regeneration and reforestation, to avoid damage to vegetation or to the timber that is not covered by the permit, and to avoid damage to the cutting and removal site and any animal habitats.
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