86.1. Where the Minister observes that, for a given year, the volume authorized under this Act has been exceeded, the Minister may, after giving the agreement holder an opportunity to present observations, reduce the volume authorized for the current or a subsequent year.
In calculating whether an authorized volume has been exceeded, the following are taken into account:
(1) the volume of ligneous matter harvested by the agreement holder, as scaled in accordance with section 26;
(2) the volume of ligneous matter left on the harvest sites of the management unit, including the trees or parts of trees, by species or group of species, that should have been harvested in carrying out silvicultural treatments approved in the annual plan and authorized under the management permit, as evaluated according to the method provided in the Minister’s instructions concerning the estimation of the volume of timber affected by harvesting.
Where the Minister is unable, because several agreements cover the same management unit, to determine which agreement holder is to be subject to the reduction, the Minister shall apply the reduction to all the holders of agreements concerning the species or group of species concerned in proportion to the volume of timber harvested by each during the year for which the reduction is applied.
2001, c. 6, s. 74; 2003, c. 16, s. 22; 2007, c. 39, s. 20.