Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 92
[360] Mr. Heit testified that he was aware of the reduction in the harvest ceiling for Y02 and Y03
from 350,000 m 3 to 128,000 m 3 .
[361] This Client Guide, at page 2618, refers to a “mill harvest area”. In order to access timber, an
applicant must own a registered mill site. This document sets out the relevant regulations, as well as
2010 FC 495 (CanLII)
Chapter 17 of the umbrella final agreement.
[362] There was no direct evidence concerning the significance, or otherwise, of Chapter 17 of the
umbrella final agreement, although coy references were made by Mr. Monty to Chapter 17. Mr.
Sewell, when testifying on behalf of the Defendant, made at least one reference to this document but
without any explanation.
[363] In the months leading up to the opening of the mill in October 1998, LPL and SYFC made
arrangements to acquire timber supply. They did so by signing log supply agreements with local
loggers.
[364] Mr. Heit testified that the CTP process did not work in the short-term but that is not the
same as saying that it could not have worked. He also said that not all CTP holders wished to do
business with SYFC. Nevertheless, the short-term timber supply for the mill was derived by
accessing timber through the existing CTP process.