Bill 17 (Legislature 18, Session 3)

L18 S3 5719

Alberta — Bills

1977 BILL 17 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 17 THE PUBLIC LANDS AMENDMENT ACT, 1977 THE ASSOCIATE MINISTER OF ENERGY AND NATURAL RESOURCES First Reading ............................................ . Second Reading .......................................... . Third Reading ........................................... . Printed by the Queen's Printer ror the Province or Alberta, EDMONTON

Bill 17 BILL 17 1977 THE PUBLIC LANDS AMENDMENT ACT, 1977 (Assented to ,1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Public Lands Act is hereby amended.

Section 2 is a mended (

a) by adding after clause 1 the following: 1.1 "Assistant Deputy Minister" means the Assistant Deputy Minister of Lands of the Department; (

b) by striking out clause 4; (

c) as to clause 13 by adding the word "Associate" before the word "Minister". 3. The word "Director" is struck out wherever it occurs in the following provisions and the words "Assistant Deputy Minister" are substituted:

section 2, clause 15,

section 6,

section 7, subsections (1) and (2),

section 18, clause (d),

section 29, subsection (1), clause (b), 1

Explanatory Notes 1. This Bill will amend

chapter 297 of the Revised Statutes of Alberta 1970.

Section 2, clauses 4 and 13 presently read: 2. In this Act, 4: "Director" means the Director of Lands of the Department; 13. "Minister" means the Minister of Energy and Natural Resources; Clause 1.1 provides for an Assistant Deputy Minister of Lands in place of a Director of Lands. 3. Consequential amendments. 1

section 35, subsection (1),

section 58, subsection (3) and subsection (4), clause (a),

section 61, subsections (1) and (2),

section 81, subsection (2),

section 84, subsections (2) and (4),

section 87, subsection (2), clause (b), Schedule, Form A.

Section 8 is amended by striking out clauses (

a) and (c).

Section 9 is amended by adding the fiJllowing after subsection (2):

(3) The Lieutenant Governor in Council may make regulations (

a) authorizing the Minister to sell public lands by public auction or by private sale upon the terms and conditions prescri bed by the Minister and at a price not less than the fair value of similar lands in the immediate district in which the public lands are situated, and taking into consideration the purposes for which the land may be used; (

b) authorizing the Minister to exchange public lands for other lands, where in the opinion of the Minister ade quate compensation is obtained for the public lands; (

c) authorizing the Minister to prescribe the rent, rates and royalties payable under any disposition. 2

Section 8, clauses (

a) and (

c) presently read: 8. The Lieutenant Governor in council may (

a) authorize the Minister to sell public lands by public auction or by private sale upon the terms and conditions and at a price not less than the .lair value of similar lands in the immediate district in which the public lands are situated, and taking into consideration the purposes for which the land may be used, (

c) authorize the Minister to exchange public lands for other lands, where in the opinion of the Minister adequate compensation is obtained jiJr the public lands, Consequential to the amendment to

section 9. 5. Provides for sale of Pl!blic land by regulation. 2

6. Thefallowing is added afier

section 12: 12.1. The Minister may purchase any estate or interest in land and any personal property in conjunction therewith where in his opinion the land is required to carry out or assist in carrying out any policy, program, service or other matter under his administration.

Section 20 is amended (

a) as to subsection (

J) by adding the word "or" at the end of clause (

b) and by adding the following afie,. clause (b): (

c) to enter upon and occupy public land for a stated purpose. (

b) by adding the following after subsection (2):

(3) The Minister. may impose such conditions as he considers necessary on any authorization granted by him pursuant to subsection 0).

(4) The Minister may, before or as a condition of granting any authorization under subsection 0), require the applicant to provide a security deposit in an amount and form acceptable to the Minister for such purpose as the Minister considers necessary.

Section 55 is struck out and the following substituted: 55. Every person who is guilty of an offence under this Act or the regulations for which no penalty is provided is liable on

summary conviction to a fine not exceeding $1000 and in default of payment to imprisonment for a term not exceeding 90 days.

Section 79 is a mended (

a) as to subsection (

J) by adding the word", or" at the end of clause (

e) and by adding the following after clause (e): (0 where, in the opinion of the Minister, the land contained in the lease or to be withdrawn from it is required for a purpose that he considers to be in the public interest. (

b) by striking out subsection (3) and substituting the following: 3

6. Minister may purchase land and personal property.

Section 20, subsection (1) presently reads: 20. 0) The Minister may authorize any person (

a) to enter upon and occupy public landfor a stated period jor the purpose of or (

i) conducting appraisals, inspections, analyses, inventories or other investigations of the natural resources which may exist thereon, or (iiJ exploringjor or excavatingjossi! remains or otHects q/geological, ethnological, historical or scientific interest, (

b) to enter upon and immediately occupy any public land mentioned in any application he has submiffedjor a disposition thereof

Section 55 presently reads: 55. EvelY person who is guilty of an qlJence under this Act or the regulations jor which no penalty is provided is liable upon summaty conviction to a .fine not exceeding three hundred dollars and in dejault q/ payment to imprisonment jor a term not exceeding sixty days.

Section 79 presently reads: 79. 0) One month a.lier the date upon which the Minister mails a notice in writing to the last known address q/ the lessee, he may cancel a lease or withdraw any part of the land contained in a lease (

a) where, except in the case ofa lease conveying rights to sand, gravel, clay or marl, he is satis.fied that the land contained in the lease or to be withdrawn ji"Otti it contains sand, gravel, marl or clay in commercial quantities, or (

b) where the land tontained in the lease or to be withdrawn ji'om it is to be subdivided or made the subject of a disposition that will authorize its use jor industrial or commercial purposes, or 3

(3) Where the Minister at the request of an appli cant for a grant or disposition of public lands contained in a lease cancels the lease or withdraws land from the lease pursuant to subsection (1), the applicant for the grant or disposition shall negotiate with. and pay com pensation to the lessee for the loss of the lessee's inter est under the lease.

(4) Where the Minister cancels a lease or withdraws land from a lease pursuant to subsection (1), clause (d), no compensation is payable to the lessee.

(5) Where the Minister cancels a lease or withdraws land from a lease otherwise than in the circumstances set out in subsections (3) and (4), the Minister shall negotiate with and pay compensation to the lessee for the loss of the lessee's interest under the lease.

(6) If after 30 days from the date the lease was cancelled or land was withdrawn from the lease under subsection (1) the amount of compensation payable to the lessee has not been settled, the applicant or the Minister, as the case may be, or the lessee may apply to the Land Compensation Board established under The Expropriation Act to determine the amount of compensation.

(7) Where an application is made to the Land Compensation Board pursuant to subsection (6), the Board shall decide the compensation payable to the les see on the same basis as if the lessee's interest in the land had been expropriated pursuant to The Expropria tion Act, and that Act and the regulations made under it respecting the determination of compensation, hearings and procedures, including interest, costs and appeals, apply thereto in the same manner as if the lessee's interest had in fact been expropriated. 10. The Special Areas Act is amended as to

section 7, subsection (4) by striking out the words "Director of Lands" and substituting the words "Assistant Deputy Minister of Lands" . 11. This Act comes into force on the day upon which it is assented to. 4

(

c) where the land contained in the lease or to be withdrawn ./i'011l it is fO be designated as a park pursuant to The Provincial Parks Act or added to a park designated under that Act or its predecessors, or is to be set aside as a public resort or recreation area, or (

d) where the land contained in the lease or to be withdrawn./i'om it is, in the opinion of the Minister, irrigable in whole or in part, or (

e) where the land contained in the lease or to be withdrawn FOIn it is required to provide public access to a public resort or recreation area or to a river, stream, watercourse, lake or other body qj' water.

(2) When the Minister withdraws land pursuant to subsection (

J) he may reduce the rent reserved in the lease by an amount in direct proportion to the area qj'lanq withdrawn. (

J) When the Minister cancels a lease or withdraws land ./i'om a lease pursuant to subsection (

J) he may pay to the lessee such amount to which the lessee, in the opinion qj'the Minister, is entitled by way qj' compensation. 10. Consequential amendment. 4 Title: 1977 (18th, 3rd) Bill 17, The Public Lands Amendment Act, 1977

Document details

Collection	Alberta — Bills
Citation	L18 S3 5719
Type	bill
Volume / chapter	L18 S3 5719
Language	en
Format	json
Source	PROVINCIAL
Identifier	6efd6ce5650e603138b86107fa90bfb7d2701e26

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