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Volume 64, No. 10

131/2021

The British Columbia Gazette,

Part II

May 18, 2021

B.C. Reg. 131/2021 , deposited May 17, 2021, under the ENVIRONMENTAL MANAGEMENT ACT [section 138 (2)]. Order in Council 296/2021, approved and ordered May 17, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that the Placer Mining Waste

Control Regulation, B.C. Reg. 107/89, is amended as set out in the attached Schedule.

— G. HEYMAN, Minister of Environment and Climate Change Strategy ; J. WHITESIDE, Presiding Member of the Executive Council .

Schedule

Section 1 of the Placer Mining Waste Control Regulation, B.C. Reg. 107/89, is

repealed and the following substituted:

Definitions

1 In this regulation:

"Act" means the Environmental Management Act ;

"placer mineral" has the same meaning as in the Mineral Tenure Act .

Section 2 is amended by striking out " Environmental Management Act " and substituting " Act ".

Section 3 (

c) is repealed and the following substituted:

(

c) mining production where

(

i) neither mercury nor chemicals are used,

(ii) tailings are discharged to a tailings pond with a minimum of 0.5 m freeboard,

and

(iii) the water in the tailings pond

(

A) is pumped back to the operation for reuse,

(

B) is left in the pond and allowed to seep into the ground in a manner which

does not result in suspended solids entering a body of water at any point downstream

of the operation, or

(

C) is partly pumped back as referred to in clause (

A) and is partly left as referred

to in clause (B).

4 The following

section is added:

Transition – permit application in progress

(1) This

section applies to a person who is exempt from

section 6 (2) and (3) of

the Act in respect of discharges referred to in

section 3 (c) (

i) of this regulation

as it read immediately before the coming into force of this section.

(2) A person to whom this

section applies, other than a person who is exempt from

section 6 (2) and (3) of the Act in respect of discharges referred to in

section 3 (

c) of this regulation, as it reads after the coming into force of this section, is exempt

from

section 6 (2) and (3) of the Act in respect of discharges referred to in subsection (1)

of this

section

(

a) if the person applies before January 1, 2022 to a director for a permit under

section 14 of the Act in relation to the discharge, and

(

b) until the date a director makes a decision in relation to the person's permit

application.

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