Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 62, No. 24

278/2019

The British Columbia Gazette,

Part II

December 17, 2019

B.C. Reg. 278/2019 , deposited December 17, 2019, under the WATER SUSTAINABILITY ACT [sections 6, 124 and 127]. Order in Council 707/2019, approved and ordered December 17, 2019.

On the recommendation of the undersigned, the Administrator, by and with the advice

and consent of the Executive Council, orders that the Water Sustainability Regulation,

B.C. Reg. 36/2016, is amended as set out in the attached Schedule.

— D. DONALDSON, Minister of Forests, Lands, Natural Resource Operations and Rural Development ; L. BEARE, Presiding Member of the Executive Council .

Schedule

1 The Water Sustainability Regulation, B.C. Reg. 36/2016, is amended by adding

the following sections:

Definitions – mineral exploration

34.2 In this

section and sections 34.3 to 34.5:

"mineral exploration activities" means activities, described in paragraph (

a) of the definition of "mining activity"

section 1 of the Mines Act , performed in relation to minerals other than placer minerals;

" Mines Act permit" means a permit issued under

section 10 of the Mines Act in relation to mineral exploration activities or placer mining activities;

"placer mining activities" means activities, described in the definition of "mining activity" in

section 1 of

the Mines Act , performed in relation to placer minerals and that involve the processing of less

than 2 000 m 3 of pay dirt per year.

Exemptions – mineral exploration

34.3

(1) Subject to

section 34.4 [rules for exemptions] , a person who holds a Mines Act permit is exempt from the requirement under

section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for

(

a) mineral exploration activities or placer mining activities, and

(

b) a camp that

(

i) is operated and maintained in relation to activities conducted under the permit,

and

(ii) provides living quarters for no more than 20 people.

(2) Subject to

section 34.4, a person who is exempt from the requirement to hold

a Mines Act permit is exempt from the requirement under

section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for mineral

exploration activities if

(

a) the activities are conducted using only mechanical hand drills or mechanical

rock saws, and

(

b) the tools referred to in paragraph (

a) are designed to be carried and used

by a single person only.

Rules for exemptions

34.4

(1) A person who is exempt under

section 34.3 [exemptions – mineral exploration] must comply with this section.

(2) A person must not, under

section 34.3, divert or use recorded water.

(3) A person must not, under

section 34.3, divert or use unrecorded water from

any of the following:

(

a) a stream or aquifer in respect of which there is a water reservation under

section 40 [treaty first nation water reservations] or 41 [Nis g a'a water reservation] of the Act;

(

b) a sensitive stream;

(

c) a point of diversion on a stream if the point of diversion is within the boundaries

of a protected area, as defined in

section 46;

(

d) a stream to which a regulation under

section 82 [plan regulations – dedicated agricultural water] of the Act applies;

(

e) a stream to which an order under

section 86 [declarations of significant water shortage] or 87 [critical environmental flow protection orders] of the Act applies or an aquifer affected by such an order;

(

f) a stream or aquifer to which an order under

section 88 [fish population protection orders] of the Act applies.

(4) A person who, under

section 34.3, diverts or uses water from a stream must

not construct, install or place any permanent or semi-permanent works in the stream

channel.

(5) A person who, under

section 34.3, diverts or uses water from a stream must

(

a) remove from the stream channel any pump, equipment or material constructed,

installed or placed by that person in diverting or using water from the stream,

(

b) ensure that the intake line or other device for diverting water is equipped

with a screen, or otherwise modified, to

(

i) prevent potential loss of fish due to entrainment or impingement, and

(ii) minimize disturbance of, or removal of sand and gravel from, the stream channel,

and

(

c) ensure that

(

i) any disturbance of a stream channel or of the stable natural materials and

vegetation in and about the stream is minimized when gaining access to water from

the stream,

(ii) any water that is diverted is discharged without causing a significant risk

of harm to public safety, the environment, land or other property,

(iii) the water supply and works of persons who are lawfully diverting or using

water under the Act are not adversely affected, and

(iv) the diversion or use of water, whether from a stream or aquifer, does not

cause a risk of significant harm to fish, wildlife or the aquatic ecosystem of a stream.

Exception to exemptions

34.5

(1) In this section, "related aquifer" means an aquifer that an engineer considers is reasonably likely to be hydraulically

connected to a stream.

(2) Despite

section 34.3, an engineer may require that an application for an authorization

be made for the diversion or use of water for mineral exploration activities or placer

mining activities, or for a camp described in

section 34.3 (1) (b), if the engineer

considers that a diversion or use of water from a stream or related aquifer

(

a) may have a significant adverse impact on

(

i) the stream, including the flow of water within the stream, or

(ii) other authorized water users, or

(

b) may have an adverse impact on a cultural heritage resource within the meaning

of the Mineral Tenure Act .

(3) If an engineer imposes a requirement under subsection (2),

section 34.3 does

not apply to the diversion or use of water from the stream or related aquifer for

the mineral exploration activities, placer mining activities or camp, as applicable.

Section 56 is repealed.

Copyright © 2019: Queen's Printer, Victoria, British Columbia, Canada