Bill 98 — A Bill To Amend the Public Lands Act (2) (Legislature 13, Session 4)

L13 S4 6228

Alberta — Bills

No. 98 4th Session, 13th Legislature, Alberta 6 Elizabeth II, 1958 BILL 98 A Bill to amend The Public Lands Act

(2) HON. MR. WILLMORE Printed by L. S. "'VALL, Printer to the Queen's Most Excellent ::\[ajesty, Edmonton, Alberta, 1958

Explanatory Note I. This Bill will amend The Public Lands Act. The provisions relating to certain powers 'of the Lieutenant Governor to make regulations governing the disposition of public lands are re written to clarify the powers given.

Section 119 (

a) reads as follows: "119. The Lieutenant Governor in Council may "(

a) make regulations governing "(

i) the cutting of hay and the leasing of land suitable for hay purposes, "(ii) tbe leasing of marsh land, water-covered areas and accre tions, "(iii) the use of land for a harbour, wharf, pier, landing, bridge, airport, market place, gao), court house, public park or garden, historic site, town or <'''mmunity hall, hospital, place of ,,"orship, burying ground, school and purposes connected therewith, radio station, agricultural exhibition and for other public purposes, or for mOdel and industrial farlns, "(iy) the exploration, excavation and searching of land for the purpose of obtaining fossil remains, or other objects of geological, etllnological, historical or other scientific interest, "(

v) the price to be fixed for the acquisition by a railway, pipe line, power or tramway company of land for a railway tenninus, station or station ground, right of way, roadbed, pipe line, transmission or power line, telegraph and telephone line, workshops, buildings, yards, balJast pit, Or other appurtenances of the company, "(vi) the sale or leasing of lots in a townsite or subdiviSion, or public resort, or of land for residential purposes, "(vii) the control and operation of any vessel whatsoever upon any lake, river, stream, or body of water, including every description of ship, boat or craft whether propelled by steam, internal combustion engine or otherwise, and includ ing e,-ery part of the machinery or equipment of tlle vessel, "("\'iii) the issue of a licence of occupation with respect to the opera tion of trap lines, or for any other specific purposes, "(ix) the issue of annual permits for the grazing of stock, the cultiYation of land, and the operation of fur farms, "(

x) entry upon public lands for geological and geophysical ex ploration, "(xi) the removal of sand and gravel from public lands, including the beds of riVers, and "(xii) the leasing of islands after an inspection to ascertain the purposes for which they are best suited,".

BILL No. 98 of 1958

An Act to amend The Public Lands Act (2) (Assented to , 1958) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Lands Act, being

chapter 259 of the Re vised Statutes of Alberta, 1955, is hereby amended.

Section 119 is amended by striking out clause (a). 3. The following new

section is added immediately after

section 119: "119a.

(1) The Lieutenant Governor in Council may make regulations " (

a) authorizing and governing such specified means or methods of disposing of public lands by the Minister as are not otherwise expressly provided for by this Act, " (

b) prescribing the terms and conditions upon which any persons may use public lands for the purpose of geophysical or geological exploration within the meaning of The Mines and Minerals Act, and governing the conduct of such exploration in rela tion to the use of public lands, " (

c) prescribing the terms and conditions upon which any persons may use public lands for the purposes of exploring for or excavating fossil remains or objects of geological, ethnological, historical or scientific interest, and governing the conduct of such exploration or excavation in relation to the use of public lands, and "(

d) governing the procedure and conduct of public auc tion sales of public lands. "

(2) The regulations may be made retrospective as well as prospective in any case where a disposition was made pursuant to the regulations in force on the commencement of this

section and that regulation is of doubtful validity

2 in respect of the powers heretofore given under

section 119, and without restricting the generality of subsecton (1) may " (

a) provide for the procedure by which applications for dispositions of public lands are to be made and may make requirements as to the eligibility of per sons applying for such dispositions, " (

b) restrict the use to be made of lands that are the subject of the dispositions, " (

c) prescribe the duties and obligations of the per sons to whom the dispositions are made in relation to the use and occupation of the lands by them, "(

d) prescribe the terms and conditions to which the dispositions are subject, " (

e) provide for the enforcement of compliance with the regulations and remedies for the recovery of moneys payable by virtue of dispositions, "(

f) prohibit the assignment of the dispositions or pro hibit the assignment of the dispositions without the consent of the Minister, "(

g) prescribe the conditions under which the Minister may cancel a disposition, " (

h) in the case of leases, authorize the waiver of compliance with or the application of any of the provisions of sections 84 to 107, "(

i) prescribe the form of any disposition and any other documents or forms used in connection with the regulations, It (

j) provide for the arbitration and settlement of any matter relating to the regulations or the disposi tions made under them, "(

k) provide penalties for the violation of the provisions of the regulations, and " (

l) provide for any other procedure or matter that relates to the dispositions. 4. This Act comes into force on the day upon which it is assented to.

No. 98 FOURTH SESSION THIRTEENTH LEGISLATURE 6 ELIZABETH II 1958 BILL

An Act to amend The Public Lands Act

(2) Received and read the First time ......................................... . Second time ........... .. Third time ........... . HON. MR. WILLMORE Title: 1958 (13th, 4th) Bill 98,

An Act to amend The Public Lands Act (2)

Document details

Collection	Alberta — Bills
Citation	L13 S4 6228
Type	bill
Volume / chapter	L13 S4 6228
Language	en
Format	json
Source	PROVINCIAL
Identifier	b9ad48d6b973fecb86104b0fb9c444723ebd640b

Source file is stored in the law ingest library (json).