Third Party: Takla Development Corporation Ltd.
APPEAL NO. 1999-FOR-05

The Board appealed a review panel decision that would have sent a contravention determination back to the district manager with instructions that the Board considered to be incorrect. The FAC agreed, and found that when assessing an administrative penalty, it is appropriate to take into account the environmental impact of the unauthorized harvesting as part of the gravity and magnitude of the contravention, and to assess a penalty which removes the economic benefit derived from the contravention.

Appeal allowed.

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/1999for05.pdf