Texada forced to look for logging road access

Gulf Islands Driftwood
Tuesday, February 29, 2000

By Mike Levin

The B.C. Assets and Land Corporation (LC) has ruled that Texada Land Corporation does not have permission to use a road connecting its Mount Tuam logging site to Musgrave Road.

The matter was brought to the government’s attention 10 days ago when protesters claimed the road being used by company equipment was not designated for commercial activity. They set up an encampment blockade that continues to halt the transfer of felled trees.

Texada immediately moved to cut a new road north through its property to join up with Hamilton-Horne Road. But no sooner had the road been roughed in than protesters pounced on the activity.

Monday morning 18 tried to block subcontractor Dorman Logging from transferring blasting material to the site.

And others are now pressing for a legal case surrounding Texada’s “illegal” use of the 400-metre trail off Musgrave Road.

It is the latest installment in a fight swirling around Texada’s south-end logging, with one group willing to check that every “i” is dotted and every “t” crossed.

“This new road cuts right through riparian areas without culverts to control the flow of water,” said protest spokesman Terry Bieman at the Hamilton-Horne site. “We’re doing this to send a message that we’re still on the ball, still defending our home.”

Jurisdiction over the Musgrave Road site fell into the hands of the LC last week when the Ministry of Forests decided the area in question was “vacant Crown land.” LC employees visited the encampment February 21 and told protesters they would make a decision about whether Texada would be able to continue using the road under a permit given to former owners or whether it would have to re-apply.

On Thursday, land officer Dan Saliken told the Driftwood the company would have to reapply.

“Usually the process can take from six months to one year but in special cases, such as mitigating economic circumstances, we can do it faster,” Saliken said.

Even still, he said, it would probably take 45-to-60 days for the LC to process the application, which would have to include plans to upgrade the road to full commercial-use standards.

Saliken noted that in environment-versus-economy issues any government agency will always follow the letter of the legislated law.

Even before the decision was rendered, Texada began building a new route for its equipment downhill to join up with a public-access point between two pieces of private property at the top of Hamilton-Horne Road.

Protesters blocked the access point at about 7 a.m. with an old Chevrolet Citation and a woman shackled to the front seat. But Dorman employees simply walked past the blockade with supplies on their shoulders.

“I think we have been relatively unsuccessful this morning,” Bieman said, but added that the activity is just one of a continuing series of protests aimed at stalling Texada’s cutting.

There is also a move to try and prosecute the company for using the Musgrave link without permission, although no action has been officially undertaken as organizers try to find relevant legislation under the Forest Practices Code.

However, Ministry of Forests spokeswoman Stacey Curry-Gunn explained the code does not apply to private property or land under the jurisdiction of the Lands Act. The road in question is currently under jurisdiction of the Lands Act and its LC overseer.

The issue of Crown lands will be on the agenda of the Islands Trust quarterly meetings this week when LC director Cassie Doyle makes a presentation to Trust Council on Denman Island.

The main purpose is to find out what Trust-area residents want to do with the public lands.

E-mail the writer: Mike Levin