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2003 Legislative Session: 4th Session, 37th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 28th day of

October, 2003

Ian D. Izard, Law Clerk

HONOURABLE STAN HAGEN

MINISTER OF SUSTAINABLE

RESOURCE MANAGEMENT

BILL 46 – 2003

LAND AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Land Act, R.S.B.C. 1996, c. 245, is amended by adding the

following Part:

Part 7.1 – Land Designation and Establishment of Objectives

Definition

93.01 In this Part, "official" includes a minister of the government.

Effect of this Part on the government

93.02 Despite

section 14 (2) of the

Interpretation

Act , this Part and the regulations and orders made under it affect and are

binding on the government.

Designating Crown land for certain uses by order in council

93.1 The Lieutenant Governor in Council by order may designate areas of Crown land for one or more of the following purposes:

(

a) conserving or managing natural resources;

(

b) balancing multiple natural resource uses;

(

c) implementing a plan for a specified use of Crown land;

(

d) resolving land use conflicts;

(

e) use for specified economic development opportunities.

Consistency of Crown land designations with other enactments

93.2 A designation under

section 93.1 of an area of Crown land must not be made for a purpose that conflicts or is inconsistent with a purpose for which, under another enactment, that area of Crown land is designated or otherwise reserved or set aside.

Establishing objectives for designated Crown land by order in council

93.3

(1) For all or part of an area of Crown land designated for one or more purposes under

section 93.1, the Lieutenant Governor in Council by order

(

a) may establish objectives that are consistent with the designations under

section 93.1, and

(

b) must specify, in relation to the objectives, one or more officials having discretion under this Act or other enactments

(

i) to issue approvals, licences, permits, leases or other authorizations, or

(ii) to establish objectives for all or part of an area of Crown land.

(2) An official specified under subsection (1) (

b) must not exercise a discretion under this Act or another enactment

(

a) to approve, licence, permit, lease or otherwise authorize a person to carry out an activity, or

(

b) to establish an objective for all or part of an area of Crown land

that conflicts or is inconsistent with an objective established under subsection (1) (a).

Minister may establish Forest and Range Practices Act objectives by order

93.4

(1) For the purposes of the Forest and

Range Practices Act , the minister by order may establish objectives for

the use and management of

(

a) Crown resources,

(

b) Crown land, or

(

c) private land that is subject to a tree farm licence, woodlot licence or community forest agreement.

(2) An order of the minister under subsection (1) may apply in respect of Crown resources or Crown land, whether or not the Crown resources or Crown land are also the subject of a designation made or an objective established by the Lieutenant Governor in Council under this Part.

Consistency among designations and objectives

93.5

(1) The minister must not establish an objective under

section 93.4 in respect of Crown resources or Crown land unless the objective is consistent with every

(

a) designation made under

section 93.1, and

(

b) objective established under

section 93.3

that also applies in respect of the Crown resources or Crown land.

(2) In case of a conflict or inconsistency between an order of the minister under

section 93.4 and a designation made under

section 93.1 or an objective established under

section 93.3 by the Lieutenant Governor in Council, the designation made or objective established by the Lieutenant Governor in Council prevails over the order of the minister.

Public review of proposed objectives by minister's order

93.6

(1) Before making an order under

section 93.4 establishing or significantly amending an objective, the minister must make the proposed objective or particulars of the proposed amendment publicly available for

(

a) review, and

(

b) comment.

(2) Subsection (1) does not apply in respect of an order under

section 93.4 if the minister

(

a) is of the opinion that the order is urgently required to protect a resource value, and

(

b) states that opinion in the order.

Delegation by minister

93.7

(1) The minister, in writing, may

(

a) delegate a power or duty of the minister under sections 93.4 to 93.6 or under the regulations to a person, designated by name or position and employed in the ministry of the minister or in another ministry, and this Act applies to the delegate as if the delegate were the minister, except that the delegate may not sub-delegate the power or duty,

(

b) provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty, and

(

c) vary or revoke a delegation or direction.

(2) A delegation under any of sections 3 to 5 of the

Forest Practices Code of British Columbia Act , which delegation

was in effect immediately before the coming into force of this subsection, is

continued as a delegation of the minister under subsection (1) of this section.

Forest Practices Code of British Columbia Act objectives continued

93.8 An objective established under

section 3, 4 or 5 of the Forest Practices Code of British Columbia Act that, immediately before the coming into force of

section 93.4 of this Act, was in effect for an area of

(

a) Crown land, or

(

b) private land that is subject to a tree farm licence, woodlot licence or community forest agreement

in a resource management zone or in a landscape unit or sensitive area is continued as an objective established by the minister under

section 93.4 of this Act for that Crown land or private land.

Regulations for this

Part

93.81 The Lieutenant Governor in Council may make regulations respecting objectives established under

section 93.4, including but not limited to regulations prescribing procedures and criteria that are to be followed by the minister or a delegate of the minister in establishing the objectives.

Consequential Amendments

Forest Act

Section 35 (1) (d) (iii) of the Forest Act, R.S.B.C. 1996, c.

157, is amended by repealing clause (

C) and substituting the following:

(

C) an objective established under

section 93.4 of the

Land Act and an objective established under

section 6 of the Forest

Practices Code of British Columbia Act .

Forest and Range Practices Act

Section 1 (1) of the Forest and Range Practices Act, S.B.C 2002,

c. 69, is amended by repealing paragraph (

b) of the definition of "objectives

set by government" and substituting the following:

(

b) under

section 93.4 of the Land Act by the

minister responsible for the administration of the Land Act ; .

Forest Practices Code of British Columbia Act

Section 1 (1) of the Forest Practices Code of British Columbia

Act, R.S.B.C. 1996, c. 159, is amended by repealing the definition of "higher

level plan" and substituting the following:

"higher level plan" means an objective

(

a) established under

section 93.4 of the Land Act ,

(

b) for a recreation site, recreation trail or interpretive forest site.

5 Sections 3 to 5, 9 and 9.1 are repealed.

Hydro and Power Authority Act

Section 32 (7) of the Hydro and Power Authority Act, R.S.B.C.

1996, c. 212, is amended by adding the following paragraph:

(q.1) sections 93.1 and 93.3 of the Land Act ;

Mineral Tenure Act

Section 14 (5) of the Mineral Tenure Act, R.S.B.C. 1996, c.

292, is amended by adding the following paragraph:

(d.1) an area of Crown land if

(

i) the area is designated under

section 93.1 of the Land Act, for a purpose under that section, and

(ii) the order under that

section making the designation,

or an amendment to the order, precludes the application by the recorded holder;

Commencement

8 This Act comes into force by regulation of the Lieutenant Governor in Council.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada