374/2002

O.C. 1161/2002

December 19, 2002

December 30, 2002

Environmental Assessment Act

Transition Regulation

[includes amendments up to B.C. Reg. 30/2005, February 11,

2005]

Definitions

In this regulation:

Act means the Environmental Assessment

Act ;

approvals means approvals, certificates, licences, permits or other

authorizations and includes an exemption from a requirement to obtain any of

them;

existing facility has the same meaning as in the Reviewable Projects

Regulation;

natural boundary has the same meaning as in the Land

Act ;

new facility has the same meaning as in the Reviewable Projects

Regulation;

stream has the same meaning as in the Water

Act .

Grandparenting certain classes of projects

Subsection

(2) applies to a project that on December 30, 2002, is the subject of a

proposal, made before that date, for

undertaking an activity,

constructing or operating a facility that on December 30, 2002, is a new

facility, or

modifying or dismantling and abandoning a facility that on December 30, 2002, is

an existing facility.

For the purposes of

section 51 (2) [transitional provisions — what the

Act does not apply to] of the Act, a project described in subsection

(1) is prescribed if

the project falls within a class of project set out in Column 1 of the Table,

section 51 (3) of the Act does not apply to the project, and

the approvals or rights set out in Column 2 of the Table opposite the applicable

class of project in Column 1 that are required in respect of the project

were obtained before December 30, 2002, and

are still in effect on December 29, 2002.

Table

[am. B.C. Reg. 30/2005, ss. 10 and 11.]

Column 1 Project Class (References in parentheses are to

items in the tables in the Reviewable Projects Regulation)

Column 2 Required Approvals and Rights

Organic and inorganic chemical industry (Table 1, items 1 to

Forest products — pulp manufacturing (Table 4, item

Forest products — integrated paper or paperboard

manufacturing (Table 4, item 2)

Forest products — non-integrated paper and paperboard

manufacturing (Table 4, item 3)

Forest products industries — de-inking (Table 4, item

Forest products industries — wood preservation (Table 4,

item 5)

Pharmaceutical products (Table 5, item 1)

Man-made fibre production and contract textile dyeing (Table

5, items 2 and 3)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment.

Non-metallic mineral products — asbestos (Table 3, item

Forest products industries — building board (Table 4, item

Forest products industries — sawmills (Table 4, item

Forest products industries — veneer and plywood (Table 4,

items 8 and 9)

Forest products industries — particle board, wafer board and

medium-density fibre board (Table 4, items 10 to 12)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce air contaminants into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Regional

District or a regional district made under

section 24 of the

Waste Management Act , to introduce air contaminants

into the environment.

Primary metals industries (Table 2, items 1 to

Non-metallic mineral products — cement, glass and lime

(Table 3, items 1 to 3)

Tire and tube industries — (Table 5, item 4)

Leather tanneries — (Table 5, item 5)

Lead-acid batteries — (Table 5, item 6)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment;

(

c) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce air contaminants into the

environment;

(

d) approvals, under bylaws of the Greater Vancouver Regional

District or a regional district made under

section 24 of the

Waste Management Act , to introduce air contaminants

into the environment.

Coal mines (Table 6, item 1)

Mineral mines (Table 6, item 2)

Sand and gravel operations (Table 6, item 3)

Placer mines (Table 6, item 4)

Construction stone and industrial mineral quarries (Table 6,

item 5)

(

a) permits issued under

section 10 or 11 of the Mines

Act .

Electric transmission lines (Table 7, item 2)

Transmission pipelines (Table 8, item 4)

(

a) licences of occupation under

section 39 of the Land

Act ;

(

b) rights of way or easements under

section 40 of the

Land Act ;

(

c) rights relating to the acquisition of, or access through or

over, any private land.

Energy storage facilities (Table 8, item 1)

Facilities that use, convert or process energy resources

(Table 8, item 2 as it read immediately before its

repeal)

Natural gas processing plants (Table 8, item 3)

Power plants (the part of Table 7, item 1 that pertains to

thermal electric power plants)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment;

(

c) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce air contaminants into the

environment;

(

d) approvals, under bylaws of the Greater Vancouver Regional

District or a regional district made under

section 24 of the

Waste Management Act , to introduce air contaminants

into the environment.

Power plants (the part of Table 7, item 1 that pertains to

hydroelectric power plants)

(

a) approvals issued under the Water

Act .

Dams (Table 9, item 1)

Dykes (Table 9, item 2)

Water diversion projects (Table 9, item 3)

Shoreline modification projects (Table 9, item

(

a) approvals issued under the Water

Act ;

(

b) if land below the natural boundary of a stream, estuary or

marine coastline is to be occupied, used or directly

disturbed:

(

i) leases issued under

section 38 of the Land

Act ;

(ii)

licences of occupation issued under

section 39 of the

Land Act .

Groundwater extraction (Table 9, item 4 as it pertains to

use of groundwater by fish hatcheries in volumes consistent with the

needs of fish hatchery operations authorized under aquaculture

licences)

(

a) approvals issued under

section 14 of the Fisheries

Act .

Hazardous waste facilities (Table 10, item 1)

Local government solid waste management facilities (Table

11, item 1)

Local government liquid waste management facilities (Table

12, item 1)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment;

(

c) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce air contaminants into the

environment;

(

d) approvals, under bylaws of the Greater Vancouver Regional

District or a regional district made under

section 24 of the

Waste Management Act , to introduce air contaminants

into the environment;

(

e) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce solid waste into the

environment.

Meat packing plants (Table 13, item 1)

Poultry processing plants (Table 13, item 2)

Fish processing plants (Table 13, item 3)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment.

Railways (Table 14, item 2)

(

a) licences of occupation under

section 39 of the Land

Act ;

(

b) rights of way or easements under

section 40 of the

Land Act ;

(

c) rights relating to the acquisition of, or access through or

over, any private land.

Ferry terminals (Table 14, item 3)

Marine port facilities (Table 14, item 4)

(

a) If land below the natural boundary of a marine coastline or

marine estuary is to be occupied, used or directly

disturbed:

(

i) leases issued under

section 38 of the Land

Act ;

(ii)

licences of occupation issued under

section 39 of the

Land Act .

Tourist destination resort projects — resort development —

not golf, marina or ski (Table 15, item 1)

Tourist destination resort projects — golf resort

development (Table 15, item 2)

Tourist destination resort projects — marina resort

development (Table 15, item 3)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment.

Tourist destination resort projects — ski resorts (the parts

of Table 15, item 4 that pertain to ski resorts which are located

partially or entirely on Crown land)

(

a) leases under

section 38 of the Land

Act ;

(

b) licences of occupation under

section 39 of the Land

Act ;

(

c) rights of way or easements under

section 40 of the

Land Act ;

(

d) rights relating to the acquisition of, or access through or

over, any private land;

(

e) an approval of a ski area master plan given or issued in

writing by Land and Water British Columbia Inc.

Tourist destination resort projects — ski resorts (the parts

of Table 15, item 4 that pertain to ski resorts which are located

entirely on private land)

(

a) approvals, under

section 10 or 11 of the Waste

Management Act , to introduce liquid effluent into the

environment;

(

b) approvals, under bylaws of the Greater Vancouver Sewerage

and Drainage District or a regional district made under

section 23 of

the Waste Management Act , to introduce liquid

effluent into the environment.

[Provisions of the Environmental Assessment

Act , S.B.C. 2002, c. 43, relevant to the enactment of this regulation:

sections 50 (2) (

i) and 51 (2)]