Bill 202 — Fourth Session, 18Th Legislature, 2I1~_Wi I Lit the Legislative Assembly of Alberta Bill 202 the Ecological Reserves Act (Legislature 18, Session 4)

L18 S4 4388

Alberta — Bills

1978 Bill 202 Fourth Session, 18th Legislature, 2I1~_wI I lit THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 202 THE ECOLOGICAL RESERVES ACT MR. STROMBERG First Reading Second Reading ________________________________________ _ Committee of the Whole ___________________ -'-___________ _ Third Reading _______________________________________ _ Royal Assent ________________________________________ _ Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 202 Mr. Stromberg BILL 202 1978 THE ECOLOGICAL RESERVES ACT ( Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foHows: 1. In this Act (a) "ecological reserve" means (

i) an area suitable for scientific research and educa tional purposes associated with studies of the natural environment and natural productivity; (ii) an area that is a representative example of a particu lar type of ecosystem; (iii) an area that has been modified by man and that offers an opportunity to study the recovery of the natural ecosystem from such modification; or (iv) an area in which rare or endangered native plants and animals may be preserved in their natural habitat; (b) "Ecologioal Reserves Advisory Board" means the board appointed by the Minister "Of Recreation, Parks and Wildlife; (c) "ecology" means the study of the interrelation between man and animal and plant life in their natural environ ment; (d) "ecosystem" means a natural system of animal and plant life in a defined area, together with the environment comprising their habitat; (e) "environment" means the soil, water, air and natural conditions under which man and animal and plant life exist and interact; (f) "Minister" means the Minister of Recreation, Parks and Wildlife.

Explanatory Notes General: This Act provides for the reservation of areas of the Province as ecological reserves for the protection, preservation and study of natural areas and the animal and plant life therein. I.

Definitions.

(1) Subject to subsection (2) the Lieutenant Governor in Council may by Order in Council establish one or more ecological reserves, abolish an ecological reserve or alter the boundaries of an ecological reserve.

(2) The creation, abnlition or alteration of an eoological re serve may be (

a) on Crown land, or (

b) on private land acquired by the Minister by agreement to purchase or lease or exprnpriation under The Expro priation Act providing that money has been appropriated to that purpose by the Legislature.

(3) Prior to the establishment, abolition or alteration of an ecological reserve the Minister shall cause a notice to be inserted in the Alberta Gazette and in a daily newspaper, circulating in the area in which the reserve is or will be situated, describing the area and stating that any person may, within ten days of the notice, advise the Minister that he wishes to make a representation to the Minister at a hearing, at a date and place specified in the notice, to be no sooner than 15 nor more than 45 days after the date of the notice. ( 4) If the Minister does not receive any advice pursuant to subsection (3) he may cancel the hearing.

(5) The Minister shall communicate the substance of any representation made to him pursuant to subsection (3) to the Lieutenant Governor in Council prior to the establishment of the ecological reserve. 3. Where the Lieutenant Governor in Council establishes, abolishes or alters an ecological reserve pursuant to

section 2: (

a) the Order in Council shall be published in the Alberta Gazette and shall come into force no earlier than the date of such publication; and (

b) a notice of the Order in Counoil shall be placed in a daily newspaper circulating in the area in which the ecological reserve is established, abolished or altered, once a week for three successive weeks, and prior to the day it comes into force. 4. No ecological reserve shall continue in existence on any land in respect of which a lease granted tn or agreement made with the Minister has expired or has been terminated. :5. The Minister shall appoint an Ecological Reserves Advisory Board, which (

a) shall consist of seven members of whom one shall be a member of the Legislative Assembly and no more than two shall be members of the public service; (

b) shall consider recommendations from the public and submit the reoommendations, along wi,th the Board's re commendations, to the Minister; (

c) shall make recommendations concerning policy and the management of ecological reserves to the Minister; 2

2. Power to establish ecological reserves; publication of prior notice; hearing. 3. Publication of 'Order establishing reserve. 4. Reserve terminates with lease. 5. Ecological Reserves Advisory Board established. 2

(

d) shall advise· the Minister on any matter . concerning eco logical reserves; (

e) shall meet at the call of the chairman, at the direction of the Minister or at the request of a majority of the mem bers; (

f) may be paid such remuneration as the Minister may pre scribe, providing that money has been appropriated to that purpose by the Legislature. 6. There may be appointed, in accordance with The Public Service Act such employees as may be required for the purposes of this Act and the regulations providing that money has been appropriated to that purpose by the Legislature. 7.

Any area established as an ecological reserve under this Act shall be immediately withdrawn and reserved from any further disposition that might otherwise be granted under the provisions of any Act or law in force in the Province, including, without limiting the generality of the foregoing, dispositions under The Public Lands Act, The Forests Act, 1971 or The Mines and Minerals A ct. 8. ( 1) No person shall enter an ecological reserve unless he holds a permit to do so from the Minister.

(2) No person shall hunt, fish, trap, conduct forestry, agri cultural or mining operations, conduct exp}oration, boring, prospecting, levelling or construction work .in an ecnlogical re serve unless he holds a permit to do so authorised by the Lieuten ant Governor in Cnuncil.

(3) The Minister may issue a permit on such conditions as he sees fit, to a person applying therefor, tn enter an ecolngical re serve for purposes only of researoh, observation or study and may require an applicant tn show such evidence of his suitability to receive a permit as the Minister may require. ( 4) A person who enters an ecological reserve pursuant to a permit shall not leave anything in the reserve nor remove any thing frnm the reserve except as may be specified in his permit nor do any damage in the reserve to any animal or plant life or the environment. 9.

The Minister may issue regulations permitting activity in and access to ecological reserves for forest protection purposes and in emergencies involving the 'health ot safety of animal or plant life, persons or property. 10. Any person who contravenes any provision of the Act or the regulations is guilty nf an nffence and on

summary conviction is liable to a fine of not more than $2500 or three months im prisonment 'Or to both fine and imprisonment. 11. This Act comes into force on a date to be fixed by Pro clamatinn. 3

6. Appointment of employees. 7. Reserve excluded from other disposition. 8. No entry without permit; offences. 9'~ Regulations. 1:0. Penalties. 3 Title: 1978 (18th, 4th) Bill 202, The Ecological Reserves Act

Document details

Collection	Alberta — Bills
Citation	L18 S4 4388
Type	bill
Volume / chapter	L18 S4 4388
Language	en
Format	json
Source	PROVINCIAL
Identifier	b0d71876618cd187d7b89c0a226e92b88d8ccff7

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