Third Party: Zeidler Forest Industries Ltd.
APPEAL NO.2001-FOR-002

The Board appealed a review panel’s administrative penalty determination, which reduced a penalty from $80,000 to $5,000. The Board argued that the penalty should reflect both economic gain from the contravention and environmental damage. The FAC agreed and increased the penalty to recoup an economic gain of $44,157 and determined that a further penalty of $10,000 was appropriate considering a number of factors: the need for a significant deterrent, and the gravity and magnitude of the contravention as indicated by significant damage to the road, tree loss, decreased soil productivity in a riparian area smothered by a landslide, the loss of wildlife habitat and short-term damage to fish habitat. The total penalty for the contraventions was increased to $55,157.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2001for002.pdf