Bill 67 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Le'}Islative Assel\Ibly of Alberta the Wilcl'Arness Areas Ad the L\Iinister of Lands and Forests (Legislature 16, Session 4)

L16 S4 4905

Alberta — Bills

1971 Bill 67 Fourth Session, 16th Legislature, 20 Elizabeth II THE LE'}ISLATIVE ASSEl\IBLY OF ALBERTA The Wilcl'arness Areas Ad THE l\IINISTER OF LANDS AND FORESTS First Reading .............................. . Second Reading ............................ . Third Reading

1971 THE "'JllD~RnESS AREAS ACT (Assented to , 1971)

WHEREAS the continuing expansion of industrial devel·, , opment and settlen1ent in Alberta win leave progress ively fewer areas in their natural sta + ;~: of wilderness; and

WHEREAS it is in the public interest that certain areas of Alberta be protected and managed for the purpose of pre 'serving their natural beauty and primeval character anel influence and safeguarding them froll1 inlpairment and industrial development and from ocr.upation by man other than as a visitor who does not remain; and

WHEREAS to carry 'out those purposes it is desirable to establish and maintain certain are8 s as ,vilderness areas for the benefit 'and enjoyment of tile present and future generations; and

WHEREAS it is desirable that each wilderness area should not exceed 144 square miles unless topographical consider ations make 'a larger area desirable. THEREFORE HER MAJESTY, by and ,vith the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "Advisory Comnlittee" means the Advisory Con1- miUee on Wilderness Areas; (b) "government agency" means (i) 'a corporation that is an ?gen+ of the Cro";11 in right of Alberta, or (ii) any corporation, cOlll1nission, board or other body empowered to exercis·~ quasi-judicial or governmental functions and 'whose 11le1l1bers are appointed by

an Act of the Legislature, the Lieutenant Governor in Council, or a l\Iinistel' of the Crown, or any conlbination thereuf; (c) "Minister" Ineans the ~Iinister of Lands and Forests; (d) "provisional '\vilderness area" means a provisional wilderne3s area referred to in

section 3, subsection (1) ;

Explanatory Notes General. This Bill will initially establish under this Act three provisional wilderness areas referred to in the

Schedule ~;':hich are presently established by Order in Council. The Advisory Com mittee on Wilderness Areas is directed to examine these provisional wilderness areas with a view to recommending ,the establishment of portions of them as wilderness areas at the 1972 Session of the Legislature. The object of the Bill is to preserve the wilder ness character of these areas so that industrial and commercial activities and settlement will not be allowed to impair their natural state. I.

Definitions.

(e) "public land" nleans lanel of the Cro\vn in right of Alberta; (f) "wilderness area" means an area of land that :3 hereafter established by the Legislature as a '\'11.11- derness area under this Act. Z.

(1) The Lieutenant Governor in Council shall estab lish a committee called the "Advisory Committee on \Vil derness Areas" consisting of not less than five and not more than 10 members and shall designate one of the members as chairman.

(2) T}~e Lieutenant Govern in Conncil ~:1ay prescrib~ the term of office of any menlber of the Committee or the term of office of the chairman.

(3) The l\finister shall designate a member of the Advis ory Committee as the secretary to .the Committee.

(4) A majority of the members of the Advisory Com mittee shall be persons who are not enlployees of the Govern ment or of a government agency.

(5) The Lieutenant Governor ;in Council may authorize, fix and provide for the payment of remuneration and ex penses to any of the members of the Advisory Committee who 'are not employees of the Government or of a govern ment 'agency.

(6) The Advisory Committee shall meet at the call of the chairman, or at the direction of the !vIinister.

(7) The Advisory COlllnlittee shall accept requests from the public reQ'.!lrding wilderness areas and shan f1'oTI1 time to time consider the requests and make recOlnmendations to the Minister regarding (

a) the establishment of a new ,vilderness area, or (

b) the addition of lands toa 'wilderness area, or (

c) withdra,ving lands fronl a ,vilderness area, or (

d) regulations for the administration and managenlent of wilderness 'areas.

(8) The l\1inister shall refer any re.comn1fmc1ations marIe by the Advisory Committee under subsection (7) to the Executive Council for its consideration. 3.

(1) The areas referred to in the

Schedule to this Act are hereby established as provisional ,vilc1erness areas.

(2) The Advisory Comnlittee shall during 1971 esan1ine and conduct a study into each of the provisional wilderness areas and s11aIl subn1it a report to the Lieutenant Goycrnor in Council not later than October 31, 1971 reconr!..icnding, 2

2. Advisory Committee on Wilderness Areas. 3. Establishment of provisional 'wilderness areas and study of them by the Advisory Committee during 1971. The Committee must recommend portions of these for establishment as wilderness areas by amendment to this Act in 1972. 2

in the case of each provisional wilderness area! which por tion of it would be 1110St suitable for establishment as a wilderness area.

(3) In a report by the Advisory Comnlittee under sub section (2), the land reconlnlended for establishnl€nt as a wilderness area shall not exceed 144 square TIliles in size, unless in its opinic-l1, topographical considcrations 111ake a larger area desirable.

(4) The Governnlent shall consider the report of the Advisory Conllllittee \vith a view to introducing a Bill at the first session of the Assenlbly -in 1972 for the amendnlent of this Act (

a) for the establishment of all or a portion of each of the provisional wilderness areas as wilderness areas, and (

b) for the removal of provisions and references in this Act relating to provisional wilderness areas. 4. The Environnlent Conservation Authority "when re quested by ,the Lieutenant Governor in Council shall hold "public hearings for the purpose of recei"ving and hearing submissions and representations respecting (

a) any recommendations made by the Advisory Com Dlittee under

section 2, subsection (7) or the report of the Advisory Committee under

section 3, sub section (2), or (

b) any proposal made by the Executive Council for the establishnlent of a new \vilderness area or the addition ()f any lands to, or the withdrawal of any lands from, an existing wilderness area. or (

c) any other matters pertaining to the admjnistration and management of \vilderness areas. 5. The Minister "may carry out or cause to be carried out measures or programs in a \vilderness area} or approve the carrying out by oLhel' pel'sons of measures or progran1.3 in the wilderness area, (

a) for the preservation of the enviroment of the wild erness areH, (

b) for environnlental research that does not involve any physical disturbance ()f the wilderness area, and (

c) generally, for the preservation and protection of the wilderness area. 6. 'Vhere at the tinle any land ·is established as part of a wildel'l1ess area or is added to a wilderness area, a person other thnn the Croi.vn holds any estate or intel'est in that land 3

4. Referral of recommendations or proposals regarding wilder ness areas to the Enviroment Conservation Authority. 5. Programs carried out by the Minister for the protection of wilderness areas. research etc. 6. Acquisition or expropriation by the Cro\\-n of any pri\-ately held freehold land, leases etc. in wilderness are3.s. 3

(

a) the l\iimster s~an acquire, or cOI?mence proceed incrs to expropl'late, that estate or Interest not later th~n one year after the elate on 'which the land be came part of the wilderness area, and (

b) no person shall, 'within the 'wilderness area, con struct an improvement or reconstruct or add to an improveTnent on that land, or do any act that \vili alter or disturb the surface of that land, \vithout the consent of the Minister. 7.

(1) No disposition shall be nlade by or on behalf of the Cro\vn of any estate or interest in land in a provisional wilderness area or a wilderness area pursuant to The Public Lands Act, The Forests Act, The Mines and 11:inerals Act or any other Act.

(2) No Minister of the Cro'wn or government agency, or other person authorized by

an Act to do so, shall grant any permission, whether tel'lned as approval, consent, per mit, licence, certifical~e, order or otherwise, which would in the absence of this subsection empower the person to whom it is granted to expropriate or acquire any estate or intei'est in land in a provisional wilderness area or a wilderness area.

(3) No Minister of the Crown, government agency or other person on behalf of the Crown shall (

a) construct, maintain, repair or operate any public work, road, railway, aircraft landing strip, heli copter base, structure or installation in a provision al wilderness area or a wilderness area, or (

b) expend or authorize e)..,"})enditure of any moneys for any of those purposes. ( 4) No person shall, \vithin a provisional wilderness area, construct an improvement, or reconstruct or add to an improvement on any land, or do any 'act that will alter or disturb the surface of land, \vithout the consent of the Minister. 4 8.

(1) No perron shall (a) (b) (c) (d) (

e) travel in a vvilderness area except on foot, or hunt or trap animals in a wilderness area, or fish in a \yilc1erness 'area, or land an aircraft in a wilderness area, or deposit any litter, garbClze or refuse in a v.-Ederness area except in places provided and desigr:2. :ecl for that purpose, or

4 7. The Government and government agencies are prohibited from making sales, leases etc. of Crown land, from granting any authority to expropriate land to anyone else or from constructing or maintaining any public works, highways etc. in a provisional wilderness area or a wilderness area. B. Prohibited activities in a wilderness area.

(

f) unless authorized by the Lieutenant Governor in Council, remove any plant life or animal life (or bird eggs) or excavate or ren10ve fossils or other objects of geological, ethnological, historical or scient.ific interest in a ,vildel'ness area.

(2) A person who contravenes subsection (1) is guilty of an offence.

Section 7, snbsection (3) and s'2ction 8 do not appl~- to any of the following actions by the IVIinister or by persons authorized by the l\linister, lla111 ely, (

a) the carrying out of measures or progranls referred to in

section 5, and (

b) the use of any equipment or nleans of transport ation for the purpose of, or the doing of any act in connection with, (

i) the prevention or extinguishing of forest fires, or (ii) the prevention .of damage to natural resources or property, or (iii) emergencies involving the health or safety of persons. 10.

(1) Any person who destroys or damages or pol lutes any land, water, plant life or animal life in a wilder ness area is guilty of an offence. (2) Subsection (1) does not apply to any person who destroys or damages plant life or anjn1allife in a wilderness area in the course of removing it under the authority of an order of the Lieutenant Governol' in Council 11lade under

section 8, subsection (1), clause (f). 11.

(1) The Minister may by order prohibit or restrict travel in a provisional wilderness area or a wilderness area during any period eit11er absolutely or except under the authority of a permit issued by or on behalf of the :Minister.

(2) Every perJon 'who cOlltravenes an order of the Minister under subsection (1) is guilty of an offence. 12. Any person who is guilt.y of an offence under this Act is liable on sumnlary conviction (

a) for the first offence, to a fj}18 of not less th8.n $50 and not more than $1,000 and in default of payment to imnrisonnlent for a ternl of not more than 60 cays, ... - 5

9. Exceptions to sections 7 (3) and 8. J O. Offence re damaging, destroying or polluting of natural resources. I I. Travel restrictions. 12. Offence re destroying, damaging or polluting natural re sourers of a ,vilderncss area. 5

(

b) for a second offence, to a fine of not less than $100 and not more than $5,000 and in default of payment to imprisonment for a term of not more than 120 days, and (

c) for a third or subsequent offence (

i) in the case of a natural person, to iInprison ment for a tern1 of not less than one month and not more than six months, or (ii) in the case of a corporation, to a fine of not less than $10,000 and not nlore than $50,000. 13. The Lieutenant Governor in Council may make regulations for the management, operation and utilization of provisional wilderness areas and wilderness areas. 14. This Act comes into force on the day upon which it as assented to.

SCHEDULE PROVISIONAL WILDERNESS AREAS 1. The Siffleur Wilderness, as described in the

Schedule to Alberta Regulation 554/65. 2. The White Goat \Vilderness, as described in the Sche dule to Alberta Regulation 55Ll/65. 3. Ghost River vViIderness Area, as described in Alberta Regulation 182/67.

13. Regulations. 6 Title: 1971 (16th, 4th) Bill 67, The Wilderness Areas Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4905
Type	bill
Volume / chapter	L16 S4 4905
Language	en
Format	json
Source	PROVINCIAL
Identifier	0e25dd4f510bc5ab914dc2e5870872072366c85b

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