NDACT presses anew for tree-law enforcement

The questions of what constitutes a “woodland,” and of whose interpretation applies, continues to raise rankles of North Dufferin Agricultural and Community Taskforce (NDACT).

On the first question, the existing bylaw might appear to be worded such as to base the size of a woodlot on ownership, i.e. that the measurement would be based on what part of it was on one property whereas it actually spanned two.

Thus, a wooded property with half a hectare on Property A and more than a half hectare on Property B might be considered two woodlots, each of which comprised less than one hectare.

The new bylaw clarifies that it is a single woodland, irrespective of ownership.

On the second concern, based on the one hectare county control of forested areas, NDACT is claiming that The Highland Companies and the forest manager have been interpreting this to mean that anyone can clear-cut anything less than one hectare without a permit.

“As you are well aware, the opinion of Cassels Brock regarding the Tree Cutting By-Law is: there is NO free .9999 ha available to cut from an area that is bigger than 1 ha of continues (sic) bush without the need of an exemption. However, it appears as though the Highlands Companies is under the impression that they can cut .9999 ha out of a bush without the need of an exemption,” wrote Carl Cosack on behalf of NDACT.

Mr. Cosack said “it has come to NDACT’s attention that the Highlands Companies have spent the last three months surveying their various bush lots and wood lands in both Townships and have hired a crew to commence cutting on or about March 31st 2010.

“It is NDACT’s expectation that you are able to prevent further destruction of the forests in Melancthon and Mulmur by simply enforcing the by-law. We ask you directly and pointedly to avoid litigation, further embarrassment and stress for all involved, that you inform the Highlands Companies by registered letter, and email, that the current by-law as stated will be enforced,” he says to Forest Manager Caroline Mach in a recent letter.

His concerns were to be discussed by the Museum Committee last night.

Highland Companies has responded to a similar submission by Garry Hunter, the consultant for NDACT. Its position is that the trees are being cleared in the best interests of its farming practice. But NDACT believes it is to make way for a proposed quarry.