Bill 106 — An Act Respecting Wilderness Areas (Legislature 16, Session 3)

L16 S3 4798

Alberta — Bills

1970 Bill 10~ Third Session, 16th Legislature, 19 Elizabeth II THE LEGISLATIVE ASSEMBLY ()F ALBlEmrtl\ BILL 106

An Act respecting Wilderness Areas THE MINISTER OF LANDS AND FORESTS First Reading Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 106 1970

An Act respecting Wilderness Areas (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as The Wilderness Areas Act. 2. In this Act, (a) "Advisory Committee" means the Advisory Com mittee on Wilderness Areas; (b) "Minister" means the Minister of Lands and Forests; (c) "public land" means land of the Crown in right of Alberta; (d) "wilderness area" means a wilderness area estab lished pursuant to

section 3. 3.

(1) The public lands within the areas described in a

Schedule promulgated by the Lieutenant Governor in Council are hereby established as wilderness areas.

(2) A reference in the

Schedule to a township, section, quarter

section or legal subdivision shall, in respect of un surveyed territory, be deemed to refer to what would be a township, section, quarter

section or legal subdivision if the land were surveyed in accordance with The Alberta Surveys Act. 4. Wilderness areas are established for the purpose of preserving their natural beauty and wilderness character and protecting them from impairment, settlement and in dustrial development, and thereby maintaining them un changed by man for the benefit and enjoyment of the pres ent and future generations. 5.

(1) The Lieutenant Governor in Council may estab lish a committee called the "Advisory Committee on Wilder ness Areas" consisting of five or more members and shall designate one of the members as chairman. '

Explanatory Notes I. This Bill proposes guidelines relative to the establishment of wilderness areas of modest size in various locations throughout the Province. The Government does not intend to proceed with this Bill during this session of the Legislature, but to use it as a basis for discussions in meetings to be held throughout the Province during the year. This will permit any individual or group who wish to make their points of view available for consideration by government for implementation in

an Act to be considered at the next session of the Legislature. 2.

Definitions. 3. Establishment of wilderness areas. 4. Purpose of wilderness areas. s. Advisory Committee on wilderness areas.

(2) A majority of the members appointed shall be per sons who are not employees of the Government.

(3) The Lieutenant Governor in Council may authorize, fix and provide for the payment of remuneration and ex penses to any of the members of the Advisory Committee who are not employees of the Government.

(4) The Advisory Committee shall meet at the call of the chairman.

(5) The Advisory Committee shall from time to time consider and make recommendations to the Minister for (

a) establishing a new wilderness area, or (

b) adding lands to an existing wilderness area, or (

c) withdrawing lands from an existing wilderness area.

(6) The Advisory Committee shall refer any recom mendations made by it under subsection (5) to the Environ ment Conservation Authority for its consideration. 6. The Advisory Committee shall, at least once a year or more often as required, hold public hearings for the purpose of receiving and hearing submissions and repre sentations respecting (

a) any recommendations made by it under

section 5, subsection (5), or (

b) any proposal made by the Minister or any other person or body of persons for the establishment of a new wilderness area or the addition of any lands to, or the withdrawal of any lands from, an existing wilderness area. 7. The Minister may carry out or cause to be carried out measures or programs in a wilderness area, or approve the carrying out by other persons of measures or programs in a wilderness area, 2 (

a) for the preservation of plant and animal life in digenous to the wilderness area, (

b) for the maintenance of stable watershed conditions, (

c) for ecological and other scientific research that does not involve any physical disturbance of the area, and (

d) generally, for the preservation and protection of the wilderness area and for any other purpose for which wilderness areas are established.

6. Public hearings respecting proposals for new wilderness areas and changes in existing ones. 7. Programs for preservation and maintenance of wilderness areas. 2

(1) Subject to subsections (2) and (3), no disposition shall be made by or on behalf of the Crown of any estate or interest in public lands in a wilderness area under The Public Lands Act, 1966, The Forests Act, 1961, The Mines and Minerals Act, 1962 or any other Act. (2) Subsection (1) does not operate so as to relieve the Crown from making a disposition of an estate or interest in public lands in a wilderness area where (

a) the Crown is under a legal liability to do so, and (

b) the liability arose before the land concerned be came part of a wilderness area by this Act or by an amendment to this Act.

(3) A disposition may be made by or on behalf of the Crown of an estate or interest in public lands in a wilder ness area if the disposition is made in favour of a person who is empowered to expropriate that estate or interest from the Crown.

(4) A disposition made in contravention of this

section is void. 9.

(1) Subject to subsection (2), no Minister of the Crown or any person authorized by

an Act to do so shall grant any permission, whether termed approval, consent, permit, licence, certificate, or other term, which would in the absence of this subsection, empower the person to whom it is granted to expropriate any estate or interest in land in a wilderness area.

(2) A permit may be issued under The Pipe Line Act, 1958 for the construction of a pipe line in a wilderness area where the pipe line is to be used (

a) for the transmission of minerals recovered in the wilderness area, or (

b) for the transmission of oil, gas, water or other sub stance in connection with any order made, or any scheme or operation approved under The Oil and Gas Conservation Act, 1969 that pertains wholly or partly to the recovery of oil or gas in the wilder ness area, or (

c) for the transmission of gas or water in connection with drilling or production operations for minerals in the wilderness area. 10.

(1) Except as permitted under

section 11, subsection (2), no Minister of the Crown or other person on behalf of the Crown shall (

a) construct, maintain, repair or operate any public work, road, railway, aircraft landing strip, heli copter base, structure or installation in a wilderness area, or 3

8. Disposition of public lands in wilderness areas. 9. Construction of certain utilities in a wilderness area pro hibited. Pipe-line permits are restricted in a wilderness area to cases connected with the recovery of minerals where the mineral rights were acquired prior to the establishment of a wilderness area. 10. Government prohibited from constructing roads, airstrips, etc. in wilderness areas. 3

(

b) expend or authorize the expenditure of any moneys for any of those purposes. (2) Subsection (1) applies mutatis mutandis to a Crown corporation or other corporation, board, commission or body the members of which are appointed by

an Act of the Legislature, the Lieutenant Governor in Council or a Minister of the Crown or any combination thereof. 11.

(1) Subject to subsection (2), no person shall (

a) travel in a wilderness area except on foot, on horse back, or by means of a vehicle or boat that is not motor-powered, or (

b) enter or travel within a wilderness area except for the purpose of walking, hiking, skiing, snow shoeing, boating, fishing or bicycling, or (

c) land an aircraft in a wilderness area, or (

d) deposit any litter, garbage or refuse in a wilder ness area except in areas and containers provided for that purpose.

(2) The following acts are permitted in a wilderness area: (

a) the carrying out of measures or programs author ized or approved by the Minister pursuant to

section 7, and (

b) the use of any means of transportation or any equipment and the doing of any act in connection with (

i) the prevention or extinguishing of forest fires, or (ii) the prevention of damage to natural resources or property, or (iii) emergencies involving the health or safety of persons, or (iv) operations arising from rights conferred by dispositions referred to in

section 8, subsection (2).

(3) A person who contravenes subsection (1) is guilty of an offence and liable on

summary conviction to a fine of not less than $50 and not more than $500 and in default of payment to imprisonment for a term not exceeding three months. 12. Any person who, without lawful justification or authority, destroys or damages or pollutes any land, water, plant life or animal life in a wilderness area is guilty of an offence and liable on

summary conviction 4

11. Prohibited use of wilderness areas. 12. Penalties for damage, etc. to a wilderness area. 4

(

a) for the first offence, to a fine of not less than $50 and not more than $1,000 and in default of pay ment to imprisonment for a term of not more than 60 days, (

b) for a second offence, to a fine of not less than $100 and not more than $5,000 and in default of pay ment to imprisonment for a term of not more than 120 days, (

c) for a third or subsequent offence (

i) in the case of a natural person to imprisonment for a term of not less than one month and not more than six months, or (ii) in the case of a corporation, to a fine of not less than $10,000 and not more than $50,000. 13. The Minister may prohibit or restrict travel in a wilderness area during any period either absolutely or ex cept under the authority of a permit issued by or on behalf of the Minister. 14. This Act comes into force on the day upon which it is assented to. 5

13. Travel restrictions. 5 Title: 1970 (16th, 3rd) Bill 106,

An Act respecting Wilderness Areas

Document details

Collection	Alberta — Bills
Citation	L16 S3 4798
Type	bill
Volume / chapter	L16 S3 4798
Language	en
Format	json
Source	PROVINCIAL
Identifier	9ea82218895182296a2ee25d3362c72e8e420e1f

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